Rite-Hite Holding Corporation et al v. Systems LLC

Filing 33

ORDER signed by Judge J P Stadtmueller on 4/3/2019 GRANTING 32 Parties' Joint Motion to Dismiss. Plaintiffs' claims against Defendant are DISMISSED with prejudice; Defendant's counterclaims against Plaintiffs are DISMISSED without prejudice; CASE DISMISSED with each party to bear its own costs and fees. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RITE-HITE HOLDING CORPORATION
and RITE-HITE PRODUCTS
CORPORATION,
Plaintiffs,
Case No. 18-CV-869-JPS

v.

ORDER

SYSTEMS, LLC,
Defendant.

On March 28, 2019, the parties filed a joint motion to dismiss this
action. (Docket #32). The parties move the Court to dismiss all claims by
Plaintiffs against Defendant with prejudice, and all counterclaims by
Defendant against Plaintiffs without prejudice. Id. All costs are to be borne
by the party incurring the same. Id. In addition, the parties move the Court
to retain jurisdiction of this action to enforce the terms of the binding term
sheet and final settlement agreement between the parties, neither of which
are attached to their motion. Id.
The Court will grant the parties’ joint motion to dismiss. See Fed. R.
Civ. P. 41(a)(1)(A)(ii). However, the Court declines to retain jurisdiction
over this case to enforce the parties’ settlement agreement. See Lynch, Inc. v.
SamataMason Inc., 279 F.3d 487, 489 (7th Cir. 2002) (“A settlement
agreement, unless it is embodied in a consent decree or some other judicial
order or unless jurisdiction to enforce the agreement is retained (meaning
that the suit has not been dismissed with prejudice), is enforced just like any
other contract.”).

Accordingly,
IT IS ORDERED that the parties’ joint motion to dismiss (Docket
#32) be and the same is hereby GRANTED;
IT IS FURTHER ORDERED that Plaintiffs’ claims against
Defendant be and the same are hereby DISMISSED with prejudice;
IT IS FURTHER ORDERED that Defendant’s counterclaims against
Plaintiffs be and the same are hereby DISMISSED without prejudice; and
IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED with each party to bear its own costs and fees.
Dated at Milwaukee, Wisconsin, this 3rd day of April, 2019.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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