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Sneeze, Wheeze & Itch Associates, LLC v. Dynavax Tehcnologies Corporation and Crn/Allergy and Respiratory

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION


June 2, 2011

SNEEZE, WHEEZE & ITCH ASSOCIATES, LLC, PLAINTIFF,
v.
DYNAVAX TEHCNOLOGIES CORPORATION AND CRN/ALLERGY AND RESPIRATORY, LLC,
DEFENDANTS.

The opinion of the court was delivered by: Joe Billy McDADE United States Senior District Judge

E-FILED

Friday, 03 June, 2011 10:28:38 AM

Clerk, U.S. District Court, ILCD

ORDER & OPINION

Before the Court is Plaintiff's Unopposed Motion for Voluntary Dismissal With Prejudice Pursuant to Federal Rule of Civil Procedure 41 (Doc. 33). In it, Plaintiff reports that the parties to this litigation have executed a Confidential Settlement Agreement and General Release, which resolves all pending claims and defenses in this matter. Plaintiff therefore asks that the Court enter an order dismissing the case with prejudice. In addition, Plaintiff asks that the Court retain jurisdiction over the case for the sole purpose of enforcing the Settlement Agreement.

Pursuant to Federal Rule of Civil Procedure 41(a)(2), the Court has authority to grant Plaintiff's Motion and dismiss the action on terms it considers proper. While the Court finds it proper to grant Plaintiff's request to dismiss this case with prejudice, it does not find it proper to expressly retain jurisdiction over the Settlement Agreement, as doing so would be a futile exercise.*fn1 Therefore, Plaintiff's Unopposed Motion for Voluntary Dismissal with Prejudice (Doc. 33) is GRANTED, and this action is DISMISSED WITH PREJUDICE, with each party to bear its own costs. IT IS SO ORDERED.

CASE TERMINATED.

Joe B. McDade


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