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Insurance | Illinois Central
Response to Motion/Petition
RESPONSE to Motion re 187 MOTION for Attorney Fees filed by Counter Claimants The Cincinnati Insurance Company, The Cincinnati Insurance Company, Defendant The Cincinnati Insurance Company. (Reid, Brian)
Civil Rights: Jobs | Illinois Central
Order
TEXT ORDER entered by U.S. District Judge Sue E. Myerscough on 8/18/2026. The parties have filed a Stipulation to Dismiss With Prejudice (d/e 19 ). The Stipulation states that, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), that this action is dismissed with prejudice and with right to refile or reinstate by October 16, 2026, in the event the settlement reached by the Parties has not been finalized with each party to bear its own attorney's fees and costs. 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." Both Plaintiff and Defendants, through their respective representatives, have signed the filed Stipulation. However, dismissal with prejudice is not consistent with a right to refile or reinstate. Therefore, the Court will not close the case at this time. As the case will remain open, the parties shall file a status with the Court indicating if or whether the settlement has been completed. (RES)
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