Carefree Enzymes Inc v. Smith

• Court: District Court, E.D. Wisconsin
• Decided: May 26, 2022
• Docket: 2:20-cv-01636
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

CAREFREE ENZYMES, INC., PATRICK HALEY, and ENVIRONMENTAL PLANT MANAGEMENT, Case No. 20-CV-1636-JPS

Plaintiffs,

v. ORDER

APOGEE GARDEN PRODUCTS, INC. and JASON SMITH,

Defendants.

On October 28, 2020, Defendants removed this defamation case to federal court based on diversity jurisdiction. See 28 U.S.C. §§ 1332(a), 1441(b); ECF No. 1. On March 22, 2022, after mediation before Magistrate Judge William E. Duffin, the parties filed a joint motion to dismiss the matter with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). ECF No. 25. The parties asked the Court to retain jurisdiction to enforce the terms of the Cease and Desist Agreement, which governs the parties’ future conduct. Id. at 2. They attached a copy of the executed Settlement Agreement to the joint motion, as well as the mutual Cease and Desist Agreement, which contains the parties’ contemplated breach of contract recourse. ECF Nos. 25-1, 25-2. This type of dismissal is typically disfavored in this circuit. See Dupuy v. McEwen, 495 F.3d 807, 809–10 (2007). Thus, on April 20, 2022, the parties filed an amended joint motion to dismiss pursuant to Federal Rule of Civil Procedure 41(a)(2), in which they again asked the Court to retain jurisdiction to enforce the terms of the Cease and Desist Agreement, but this time requested the Court to dismiss the matter without prejudice in order to retain jurisdiction of the parties in order to enforce the terms of the Cease and Desist Agreement. ECF No. 26. The parties included a copy of the Settlement Agreement with an addendum and the Cease and Desist Agreement. ECF Nos. 26-1, 26-2. The Court will grant the parties’ motion to dismiss the case without prejudice in order to retain jurisdiction to enforce the Cease and Desist Agreement. Accordingly, IT IS ORDERED that the parties’ first joint motion to dismiss, ECF No. 25, be and the same is hereby DENIED; IT IS FURTHER ORDERED that the parties’ amended motion to dismiss, ECF No. 26, be and the same is hereby GRANTED; IT IS FURTHER ORDERED that this action be and the same is hereby DISMISSED without prejudice; and IT IS FURTHER ORDERED that the Court shall retain jurisdiction to enforce the terms of the Cease and Desist Agreement governing the future conduct of the parties in this case with respect of each other and any dispute regarding breach thereof. The Clerk of Court is directed to enter judgment accordingly. Dated at Milwaukee, Wisconsin, this 26th day of May, 2022. BY THRE,COURT: VA AV AR RV fa JP. Stacy mueller U.S. District Judge

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