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Settlements - Dismissal of Cases

When cases are settled, the order that will be entered will generally be in the following form. "Parties report case is settled. Case is dismissed with prejudice; each party to bear its/his/her own costs."  Often, the parties will request that the court also retain jurisdiction to enforce the settlement. In that circumstance, Seventh Circuit case law requires more than simply adding a sentence to that effect. Absent there being sufficient diversity jurisdiction at the time enforcement is requested, an order must be entered at the time of dismissal that provides for enforcement of the pertinent settlement terms. See Blue Cross & Blue Shield Association v. American Express Co., 467 F.3d 634 (7th Cir. 2006); Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006). Parties requesting that the court retain jurisdiction to enforce terms of a settlement agreement must submit a draft order in the form of this bench's "Order of Dismissal Retaining Jurisdiction to Enforce Certain Terms of Settlement.". Alternatively, the parties may submit a draft consent judgment.


Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
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