Rusch, Steven et al v. McCartan, Gary

Filing 14

ORDER that plaintiffs Steven J. Rusch and Lorie A. Rusch's claims against defendant Gary McCartan are dismissed without prejudice at this time; and defendant shall certify to the court once payment has been made, at which time, the clerk of court will enter judgment dismissing all claims with prejudice. Signed by District Judge William M. Conley on 2/12/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
STEVEN J. RUSCH and LORIE A.
RUSCH,
Plaintiff,

ORDER

v.
12-cv-521-wmc
GARY McCARTAN,
Defendant.

The court held a telephonic status conference today at which all parties appeared
personally.1 During that conference, the parties agreed to a binding settlement of their
entire dispute whereby defendant agreed to pay plaintiffs $3,388.00 within 60 days in
exchange for plaintiffs’ agreement to a dismissal of all claims against him with prejudice.
Accordingly,
IT IS ORDERED that:
1) plaintiffs Steven J. Rusch and Lorie A. Rusch’s claims against defendant Gary
McCartan are dismissed without prejudice at this time; and
2) defendant shall certify to the court once payment has been made, at which
time, the clerk of court will enter judgment dismissing all claims with prejudice.
Entered this 12th day of February, 2014.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

1

The court has subject matter jurisdiction over this action because the parties are citizens of
different states (Kentucky and Wisconsin) and, from the face of the complaint at least, the
amount in controversy exceeds $75,000. See Grinnell Mut. Reinsurance Co. v. Haight, 697 F.3d
582, 585 (7th Cir. 2012) (explaining that the amount in controversy is met unless recovery is
“legally impossible”).