Try our Advanced Search for more refined results
Barber Segatto
-
Order | Filed: January 23, 2023 | Entered: January 23, 2023 Ford v. Dong et al
Motor Vehicle | Illinois Central
Order ~Util - Terminate Civil Case
TEXT ORDER entered by Judge Sue E. Myerscough on 1/23/2023: Plaintiff Janet Ford has filed a Motion to Dismiss (d/e 26 ). The Motion states that "the parties have settled" this matter "and have entered into a settlement agreement" while requesting that this action be "dismissed at this time." Federal Rule of Civil Procedure 41(a)(1)(A)(ii) states that a plaintiff "may dismiss an action without a court order by filing... a stipulation of dismissal signed by all parties who have appeared." All parties, through their respective representatives, have signed the filed Motion, which the Court construes as a stipulation under Rule 41(a)(1)(A)(ii). This case has, accordingly, been dismissed with prejudice. Each party is to bear costs as agreed in their settlement agreement. All pending deadlines and settings are vacated. No judgment to enter. This case is closed. (HS)
-
Motion | Filed: January 19, 2023 | Entered: January 19, 2023 Ford v. Dong et al
Motor Vehicle | Illinois Central
Dismiss
MOTION to Dismiss by Plaintiff Janet Ford. Responses due by 2/2/2023 (Segatto, Bernard)
-
Order | Filed: January 09, 2023 | Entered: January 09, 2023 Ford v. Dong et al
Motor Vehicle | Illinois Central
Order on Motion to Dismiss
TEXT ORDER: Before the Court is Plaintiff Janet Ford's Motion to Dismiss (d/e 24 ). Plaintiff states that the parties have settled the case "such that the Complaint may be dismissed at this time." Under Federal Rule of Civil Procedure 41(a)(1), a Plaintiff may voluntarily dismiss an action without court order by filing either "(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared." Under Rule 41(a)(2), an action may be dismissed at the plaintiff's request by court order "on terms that the court considers proper." Plaintiff's Motion does not comply with Rule 41. While both Defendant Dong and Defendant Angel AI, Inc. are named in Plaintiff's Complaint, Plaintiff's Motion lists only Angel AI, Inc. in the caption and the Motion is silent as to Plaintiff's claims against Defendant Jin Dong. Further, to comply with Rule 41(a)(2), Plaintiff must present terms of dismissal which the Court may consider proper. The Motion is silent as to such terms. To comply with Rule 41(a)(1), all defendants who have either answered or filed motions for summary judgment must sign any stipulation of dismissal. Here, neither Defendant has signed the filed Motion to Dismiss despite each serving their respective Answers on June 29, 2020. Accordingly, Plaintiff's Motion to Dismiss (d/e 24 ) is DENIED. Entered by Judge Sue E. Myerscough on 1/9/2023. (HS)
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
- Archive of over 450,000 articles
- Database of over 2.1 million cases
- 62,000+ organization-specific pages.
- Daily and real-time news and case alerts on organizations, industries, and customized search queries.
- Significant legal events involving law firms, companies, industries, and government agencies.
- Learn more
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login