Case Activity (1221)

1. Order | Filed: September 14, 2026 | Entered: September 14, 2026 Fechter v. Love's Travel Stops & Country Stores, Inc.

   P.I.: Other | Illinois Central

   Order

   TEXT ORDER entered by Judge Sara Darrow on September 14, 2026. Plaintiff and Defendant have filed a 44 Stipulation of Dismissal. The 44 Stipulation states that the parties "stipulate to the dismissal of this case with prejudice." Although not explicit, presumably the parties have filed their stipulation pursuant to Federal Rule of Civil Procedure 41(a), which allows parties to dismiss an action by stipulation. Fed. R. Civ. P. 41(a)(1)(A)(ii). The 44 Stipulation includes a provision retaining jurisdiction "to adjudicate any liens and to enforce the settlement." A district court cannot retain jurisdiction over a case dismissed with prejudice to enforce the parties' settlement by merely stating that it retains jurisdiction. See Dupuy v. McEwen, 495 F.3d 807, 809 (7th Cir. 2007) ("[W]hen a suit is dismissed with prejudice, it is gone, 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 Lynch, Inc. v. SamataMason Inc., 279 F.3d 487, 489 (7th Cir. 2002) ("A settlement agreement, unless it is embodied in a consent decree or some other judicial order or unless jurisdiction to enforce the agreement is retained (meaning that the suit has not been dismissed with prejudice), is enforced just like any other contract."). A court cannot retain jurisdiction to enforce a settlement agreement unless the terms of the settlement agreement are embodied in a court order or consent decree. See Blue Cross & Blue Shield Ass'n v. Am. Express Co., 467 F.3d 634, 636-38 (7th Cir. 2006). If the parties wish to dismiss this case with prejudice, they may file a stipulation of dismissal that conforms with Rule 41(a)(1)(A)(ii), leaving out the provision seeking retention of jurisdiction. If they wish to have the Court retain jurisdiction, they may file a proposed consent decree or court order that contains the terms of their agreement and a motion stating the grounds on which the Court can retain jurisdiction. See Civil LR 7.1(B). Any such motion must specifically address the legal basis for the Court to retain jurisdiction to adjudicate liens after dismissal. Any renewed stipulation or motion must be filed by September 28, 2026. Additionally, responses to Grange Insurance's pending 42 Motion to Intervene are due September 28, 2026. (JSH)

2. Misc | Filed: September 11, 2026 | Entered: September 11, 2026 Cooperwood et al v. KDR AP, LLC et al

   Other Fraud | Kansas

   Certificate of Service

   CERTIFICATE OF SERVICE of 3rd SUPPLEMENTAL RULE 26 DISCLOSURES by Aric Cooperwood, Anthony Fellows, Rachel Fellows. (Bell, Bryce)

3. 1219 additional result(s)