Wright v. Walmart Inc et al
| Larry Wright |
| Rob Hammer and Walmart Inc |
| 3:2019cv03003 |
| January 9, 2019 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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TEXT ORDER: The parties have filed a Stipulation for Dismissal #9 . Pursuant to the Stipulation, Plaintiff has dismissed this case with prejudice, with each party to bear its or his own costs. All pending motions are denied as moot. No judgment to enter. CASE CLOSED. Entered by Judge Sue E. Myerscough on 3/4/2019. (MAS, ilcd)
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| Filing 9 STIPULATION of Dismissal by Rob Hammer, Walmart Inc. (Van Court, Rebecca) |
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TEXT ORDER: The parties have filed a Joint Stipulation of Dismissal with Prejudice #8 . The Stipulation reflects that the stipulation is only effective upon this Court's entry of an Order of Dismissal with Prejudice retaining jurisdiction to enforce the parties Settlement Agreement and Release. Because the parties seek to condition their dismissal on the Court's entry of an Order and retention of jurisdiction rather than dismiss it outright under Federal Rule of Civil Procedure 41(a)(1)(A) (ii), the Court construes the document as a motion under Rule 41(a)(2), which requires a Court order. The Motion #8 is DENIED because the Court cannot retain jurisdiction over a case that the Court dismisses with prejudice. Dupuy v. McEwen, 495 F. 3d 807, 809 (7th Cir. 2007) (holding that dismissal with prejudice terminates the litigation, and the district court cannot "adjudicate disputes arising out of the settlement that led to the dismissal merely by stating that it is retaining jurisdiction"); see also Shefts v. Petrakis, No. 10-cv-1104, 2013 WL 12241979, at *1 (C.D. Ill. Aug. 9, 2013) (noting that a court may retain jurisdiction to enforce the settlement where the court dismisses the suit without prejudice and includes language that it retains jurisdiction or the court issues a consent decree or injunction based on the terms of the settlement, in which case the dismissal can be with prejudice). The parties are granted leave to file, on or before March 6, 2019, a renewed stipulation of dismissal. Entered by Judge Sue E. Myerscough on 03/01/2019. (DM, ilcd)
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| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic status conference set 3/7/2019 at 11:00 a.m. is CANCELLED. (LB, ilcd) |
| Filing 8 STIPULATION of Dismissal by Walmart Inc. (Van Court, Rebecca) Modified on 3/1/2019 (DM, ilcd). |
| NOTICE OF HEARING: Telephonic Status Conference set Thursday, March 7, 2019, at 11:00 a.m. (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. Attorneys for Plaintiff, Andrea Stanley and Justin Wilson, have not applied for admission to the bar of the Central District of Illinois. The Clerk's Office has contacted Attorney Stanley regarding admission and was advised that the case is pending settlement. Status conference will be cancelled if a stipulation to dismiss is filed prior to 3/7/2019. If a stipulation has not been filed, Attorneys Stanley and Wilson will be expected to explain their non-compliance with Local Rule 83.5 at the status conference on 3/7/2019. (LB, ilcd) |
| Filing 7 CERTIFICATE of Service of Defendants' Motion to Dismiss. (Attachments: #1 Exhibit A)(Van Court, Rebecca) |
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TEXT ORDER: Defendants removed this case from state court on January 9, 2019. On January 15, 2019, Defendants filed a Motion to Dismiss #6 . The Proof of Service states that Defendants' counsel electronically filed the Motion with the Clerk of Court "which will send notification of such filing(s)" to Plaintiff's attorneys. However, Plaintiff's attorneys are not admitted to practice in the Central District of Illinois and have not obtained Case Management/Electronic Case Files (CM/ECF) filing privileges. Therefore, Plaintiff's attorneys did not receive the Motion to Dismiss. Defendants are DIRECTED to serve a copy of the Motion to Dismiss on Plaintiff's attorneys by mail and file a Certificate of Service indicating the date of which the copy was mailed. Plaintiff shall respond to the Motion to Dismiss 17 days after the date of mailing reflected in the Certificate of Service. Plaintiff's attorneys must seek admission to practice in the Central District of Illinois to appear in this case and to receive CM/ECF filing privileges. The Clerk is DIRECTED to mail a copy of this text order to counsel for Plaintiff. Entered by Judge Sue E. Myerscough on 2/1/2019. (MAS, ilcd)
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| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Rob Hammer, Walmart Inc. Responses due by 1/29/2019 (Attachments: #1 Affidavit)(Van Court, Rebecca) |
| Filing 5 ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Walmart Inc.(Van Court, Rebecca) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Notice of Removal filed January 9, 2019 reviewed. Plaintiff is given to February 9, 2019 to file objections and a motion to remand. Failure to do so is deemed to mean Plaintiff has no legal opposition to removal and this case may proceed in this court. (LB, ilcd) |
| Filing 4 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Rob Hammer, Walmart Inc. (Van Court, Rebecca) |
| Filing 3 NOTICE of Appearance of Attorney by Rebecca L Van Court on behalf of Rob Hammer, Walmart Inc (Van Court, Rebecca) |
| Filing 2 DEMAND for Trial by Jury by Rob Hammer, Walmart Inc. (Van Court, Rebecca) |
| Filing 1 NOTICE OF REMOVAL from Montgomery County, case number 18-L-25 (Filing fee $ 400 receipt number 0753-3008407), filed by Walmart Inc, Rob Hammer. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, Affidavit, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit Complaint and Summons, #6 Exhibit State Court notice of filing)(Van Court, Rebecca) |
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