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DeBofsky Law
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Order | Filed: May 09, 2024 | Entered: May 09, 2024 Metropolitan Life Insurance Company v. Sun et al
791(Labor: E.R.I.S.A.) | Illinois Northern
Agreed Order Of Dismissal
AGREED ORDER OF DISMISSAL Signed by the Honorable Franklin U. Valderrama on 5/9/2024. Mailed notice(jcm) (Entered: 05/09/2024)
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Filed: May 09, 2024 | Entered: May 09, 2024 Metropolitan Life Insurance Company v. Sun et al
791(Labor: E.R.I.S.A.) | Illinois Northern
Minute
MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' Motion for Dismissal and Turnover (Motion) 35 . Pursuant to the Motion, the Court orders the distribution of funds as follows: One-third (33.3%) of the funds (including principal and interest) are to be released by the Clerk to Michelle Perkins, care of her counsel, made payable to "DeBofsky Law, Ltd. Client Trust Account," and sent c/o Mark D. DeBofsky, DeBofsky Law, Ltd., 2 N. Riverside Plaza, Suite 1420, Chicago, Illinois 60606; One-third (33.3%) of the funds (including principal and interest) are to be released by the Clerk to Li Sun, care of her counsel, made payable to "Li Sun," and sent c/o Robert B. McCoy, Miller, Hall & Triggs, LLC, 416 Main Street, Suite 1125, Peoria, IL 61602; and One-third (33.3%) of the funds (including principal and interest) are to be released by the Clerk to Li Sun as Custodian for Mia J. Prince, a minor, under that Illinois Uniform Transfers to Minors Act (760 ILCS 20/1 et seq.), made payable to "Li Sun as Custodian for Mia J. Prince," and sent c/o Robert B. McCoy, Miller, Hall & Triggs, LLC, 416 Main Street, Suite 1125, Peoria, IL 61602. The funds to be released to Li Sun as Custodian for Mia J. Prince shall be held by Li Sun for the benefit of her minor daughter, Mia J. Prince, in accordance with the Illinois Uniform Transfers to Minors Act (760 ILCS 20/1 et seq.). The parties request that the Court dismiss the case with prejudice but retain jurisdiction "for the limited purpose to enforce the distribution of the funds per the terms of this Order." The Court advises the parties that, generally speaking, Seventh Circuit decisions hold that dismissals "with prejudice" leave the Court without jurisdiction to enforce a settlement agreement or resolve liens. See Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006); Hill v. Baxter Healthcare Corp., 405 F.3d 572 (7th Cir. 2005). Therefore, the case is dismissed without prejudice and with full leave to reinstate via motion filed by 06/24/2024. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Michelle Perkins, Cross-Plaintiff/Cross-Defendant, and Li Sun (a/k/a Ellie Prince), Cross-Plaintiff/Cross-Defendant, shall each bear their respective costs and attorneys' fees. Civil case terminated. Mailed notice (jcm) (Entered: 05/09/2024)
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Filed: May 09, 2024 | Entered: May 09, 2024 Gurski v. Hartford Life And Accident Insurance Company
791(Labor: E.R.I.S.A.) | Illinois Northern
Answer
ANSWER to Complaint by Hartford Life And Accident Insurance Company(Mathisen, Eric) (Entered: 05/09/2024)
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