IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
August 23, 2012
JAMIE ENGLER, PLAINTIFF,
DONALD W. BROWN, INC., D/B/A COLDWELL BANKER BROWN RELATORS, DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge:
Before the Court is a motion to enforce settlement agreement (Doc. 21) filed by defendant, an agreed to motion for substitution of plaintiff (Doc. 22) filed jointly by the parties, and a joint stipulation for dismissal (Doc. 23) signed by all parties who have appeared. The stipulation dismisses the case with prejudice, each party to bear its own costs. In the agreed to motion for substitution of plaintiff, the parties notify the Court that on March 18, 2012, plaintiff Jamie Engler passed "from this life as a result of her cancer related illness as related in her [c]omplaint," and that her only heirs are her natural and legal parents, Steven and Terry Engler. Accordingly, Steven and Terry Engler requests, and defendant consents, to the Court substituting Steven and Terry Engler as plaintiffs for Jamie Engler in this case.
Pursuant to Federal Rule of Civil Procedure 25, the motion for substitution of plaintiff is granted and Steven and Terry Engler are substituted as plaintiffs for Jamie Engler in this case. Further, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Court acknowledges the dismissal. This moots defendant's motion to enforce settlement agreement (Doc. 21). Thus, that motion is denied. The case is dismissed with prejudice, each party to bear its costs. The Court will close the file.
IT IS SO ORDERED.
Digitally signed by David R. Herndon
Date: 2012.08.23 09:53:40 -05'00' Chief Judge United States District Court
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