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Keystone Consolidated Industries, Inc v. Mid-States Distributing Company

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION


October 26, 2011

KEYSTONE CONSOLIDATED INDUSTRIES, INC., PLAINTIFF,
v.
MID-STATES DISTRIBUTING COMPANY, INC., OKLAHOMA STEEL & WIRE CO., INC., AND BLAIN SUPPLY, INC., DEFENDANTS. KEYSTONE CONSOLIDATED INDUSTRIES, INC., PLAINTIFF,
v.
BLAIN SUPPLY, INC., AND FREEPORT FARM & FLEET, INC. DEFENDANTS.

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

E-FILED Wednesday, 26 October, 2011 01:11:03 PM Clerk, U.S. District Court, ILCD

ORDER & OPINION

This matter is before the Court on the parties' Joint Motions to Dismiss these two cases with prejudice. (02-cv-1129: Doc. 80; 02-cv-1082: Doc. 79). On September 13, 2005, the parties entered into a Settlement Agreement to resolve these two cases; the Settlement Agreement remains in effect. Pursuant to the Settlement Agreement, the Court dismissed the cases without prejudice on September 27, 2005, while retaining jurisdiction to enforce the Settlement Agreement; the previously- imposed Preliminary Injunction also remained in effect. (02-cv-1129: Doc. 72; 02-cv- 1082: Doc. 74).

In their instant Motions, the parties assert that the Settlement Agreement's Purchase Goal has been met, and request that the Court make permanent the Preliminary Injunction and dismiss the actions with prejudice. (02-cv-1129: Doc. 80 at 2; 02-cv-1082: Doc. 79 at 2). The parties also ask, in their proposed order, that the Court retain jurisdiction in order to enforce the Settlement Agreement.*fn1 (02-cv- 1129: Doc. 80-1 at 2; 02-cv-1082: Doc. 79-1 at 2).

IT IS THEREFORE ORDERED:

1. The parties' Joint Motions to Dismiss these cases with prejudice (02- cv-1129: Doc. 80; 02-cv-1082: Doc. 79) are GRANTED.

2. Civil Action No. 02-1139 and Civil Action No. 02-1082 are DISMISSED WITH PREJUDICE pursuant to the parties' Settlement Agreement, with each party to bear its own costs and attorneys' fees.

3. The Court RETAINS JURISDICTION for the purpose of enforcement of the parties' Settlement Agreement.

4. The Court's September 27, 2005 Orders of Dismissal in these cases (02- cv-1129: Doc. 72; 02-cv-1082: Doc. 74) remain in effect and the Preliminary Injunction issued therein is hereafter made PERMANENT.

Joe B. McDade


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