MOTION to Dismiss

I guess the money for all of this litigation is starting to run low. e360 is cutting this lawsuit loose with a voluntary motion to dismiss WITH PREJUDICE (meaning that they cannot refile the case later if they change their minds).

Paragraph 2 is particularly telling in this regard. They're dismissing the case after settling with only one of the three parties, rather than dismissing against the one party they settled with and continuing against the other two.
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

E360INSIGHT, LLC, an Illinois Limited Liability Company, and DAVID LINHARDT, an individual,
Plaintiffs,

v.

MARK JAMES FERGUSON, an individual, SUSAN WILSON A.K.A. SUSAN GUNN, an individual, and KELLY CHIEN, an individual,
Defendants.

PLAINTIFF’S MOTION FOR VOLUNTARY DISMISSAL

NOW COMES the Plaintiffs in the above-captioned matter, e360Insight, LLC and David Linhardt, by and through their attorneys, pursuant to F.R.C.P. 41(b), moves this Honorable Court for entry of an order voluntarily dismissing their claim filed against Defendants with prejudice and in support thereof states as follows:

1. Fed. R. Civ. P. 41(b) grants this Court the authority to dismiss this action on motion by Plaintiffs.

2. Plaintiffs have entered into a settlement agreement with Defendant Ferguson and attempted to resolve this matter through settlement with Defendants Wilson and Chien.

WHEREFORE, Plaintiffs respectfully request that this honorable Court enter an Order dismissing this matter with prejudice.

-2-
Respectfully submitted,
E360Insight, LLC. and David Linhardt

By: /s/ Daniel J. Peters
One of Their Attorneys

Joseph L. Kish
Daniel J. Peters
Synergy Law Group, LLC
730 West Randolph, 6th Floor
Chicago, Illinois 60661
Telephone: (312) 454-0015
Facsimile: (312) 454-0261

Attachment	Date	Size
MotDismiss.pdf	06/02/08 4:46 pm	28.09 KB