Allstate Insurance Company v. Papanek

District Court, S.D. Ohio·Decided January 17, 2020·No. 3:15-cv-00240·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

ALLSTATE INSURANCE COMPANY,

Plaintiff, Case No. 3:15-cv-240

vs.

MELISSA PAPANEK, et al., Magistrate Judge Michael J. Newman (Consent Case) Defendants. _____________________________________________________________________________________________________________________

ORDER AND ENTRY: (1) DENYING AS MOOT ALL PENDING MOTIONS (DOCS. 224, 323, 324, 355, 358, 402); (2) DISMISSING THIS CASE WITH PREJUDICE; AND (3) TERMINATING THIS CASE ON THE COURT’S DOCKET _____________________________________________________________________________________________________________________

The Court, having been advised that the above-captioned matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to all parties, provided that any of the parties may, upon good cause shown within thirty (30) days, reopen the action if settlement is not consummated. Within thirty (30) days, the parties may move to substitute this Order and Entry with a proposed dismissal entry agreed upon by the parties. Parties intending to preserve this Court’s jurisdiction to enforce the settlement should be aware of Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381-82 (1994), and incorporate appropriate language in any substituted judgment entry. The Court will retain jurisdiction to enforce the terms of the settlement, if necessary. In light of the settlement between the parties, the Court DENIES AS MOOT all motions that remain pending on the docket. Docs. 224, 323, 324, 355, 358, 402. IT IS SO ORDERED.

Date: January 17, 2020 s/ Michael J. Newman Michael J. Newman United States Magistrate Judge

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Allstate Insurance Company v. Papanek, (S.D. Ohio 2020).

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Related

Kokkonen v. Guardian Life Insurance Co. of America
511 U.S. 375 (Supreme Court, 1994)