Afterglow LLC

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CourtsE.D. California E.D. Virginia N.D. Illinois

TypeOperating Company

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afterglow.place

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Entered	Case	Description
05/12/23	Afterglow LLC v. Jessup Mfg Co 1:22-CV-02902 ( N.D. IL )	MINUTE entry before the Honorable John F. Kness: On 5/12/2023, the parties filed a document 41 entitled "Joint Stipulation of Dismissal With Prejudice." A proper stipulated dismissal would, in the ordinary course, constitute a self-executing act without the need for a separate court order. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (FRCP 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Yet a plaintiff may dismiss an action without a court order only if the notice of dismissal is filed "before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i). If the opposing party has already served an answer or a motion for summary judgment, an automatic dismissal can occur only if the stipulation of dismissal is "signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). Defendant Jessup Manufacturing Company has already filed an answer 21 35, but the stipulation of dismissal was signed only by Defendant (it is represented as agreed to by Plaintiff). Based on the Court's understanding of the parties' intent, however, the Court will construe the stipulated dismissal 41 as an unopposed motion to dismiss under Rule 41(a)(2) of the Federal Rules of Civil Procedure. Consistent with that Rule, and in recognition of Defendant's pending counterclaim 35 (see FRCP 41(a)(2) and that Rule's treatment of counterclaims), the motion is granted, and the case is dismissed with prejudice in accordance with the stipulation of dismissal. To the extent any party objects to the substance of this order, they may file a short, written objection on or before 5/19/2023 asking that the case be reinstated. In the alternative, the parties may, if they so choose, file a corrected joint stipulation of dismissal. Each party is to bear its own fees and costs. Plaintiff's motion 36 to dismiss the counterclaim is dismissed as moot. Civil case terminated. Mailed notice (ef, ) (Entered: 05/12/2023) MINUTE entry before the Honorable John F. Kness: On 5/12/2023, the parties filed a document 41 entitled "Joint Stipulation of Dismissal With Prejudice." A proper stipulated dismissal would, in the ordinary course, constitute a self-executing act without the need for a separate court order. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (FRCP 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Yet a plaintiff may dismiss an action without a court order only if the notice of dismissal is filed "before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i). If the opposing party has already served an answer or a motion for summary judgment, an automatic dismissal can occur only if the stipulation of dismissal is "signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). Defendant Jessup Manufacturing Company has already filed an answer 21 35, but the stipulation of dismissal was signed only by Defendant (it is represented as agreed to by Plaintiff). Based on the Court's understanding of the parties' intent, however, the Court will construe the stipulated dismissal 41 as an unopposed motion to dismiss under Rule 41(a)(2) of the Federal Rules of Civil Procedure. Consistent with that Rule, and in recognition of Defendant's pending counterclaim 35 (see FRCP 41(a)(2) and that Rule's treatment of counterclaims), the motion is granted, and the case is dismissed with prejudice in accordance with the stipulation of dismissal. To the extent any party objects to the substance of this order, they may file a short, written objection on or before 5/19/2023 asking that the case be reinstated. In the alternative, the parties may, if they so choose, file a corrected joint stipulation of dismissal. Each party is to bear its own fees and costs. Plaintiff's motion 36 to dismiss the counterclaim is dismissed as moot. Civil case terminated. Mailed notice (ef, ) (Entered: 05/12/2023)
05/12/23	Afterglow LLC v. Jessup Mfg Co 1:22-CV-02902 ( N.D. IL )	STIPULATION of Dismissal Joint (Gasey, Arthur) (Entered: 05/12/2023)
05/12/23	Afterglow LLC v. Jessup Mfg Co 1:22-CV-02902 ( N.D. IL )	***Civil Case Terminated. (ef, ) (Entered: 05/12/2023)
04/20/23	Afterglow LLC v. Jessup Mfg Co 1:22-CV-02902 ( N.D. IL )	MINUTE entry before the Honorable John F. Kness: The unopposed motion 39 to extend initial fact discovery cutoff is granted, good cause under FRCP 16(b)(4) having been shown. Initial fact discovery extended to 4/28/2023. Mailed notice (ef, ) (Entered: 04/20/2023)
04/17/23	Afterglow LLC v. Jessup Mfg Co 1:22-CV-02902 ( N.D. IL )	MOTION by Defendant Jessup Manufacturing Company for extension of time to complete discovery Unopposed motion to extend initial fact discovery cutoff (Gasey, Arthur) (Entered: 04/17/2023)
04/04/23	Afterglow LLC v. Jessup Mfg Co 1:22-CV-02902 ( N.D. IL )	MEMORANDUM by Jessup Manufacturing Company in Opposition to Motion to Dismiss for Failure to State a Claim 36 (Solon, Patrick) (Entered: 04/04/2023)
03/12/23	Afterglow LLC v. Jessup Mfg Co 1:22-CV-02902 ( N.D. IL )	MINUTE entry before the Honorable John F. Kness: Defendant-Counterclaimant Jessup Manufacturing Company's response to Plaintiff's motion 36 to dismiss counterclaims must be filed on or before 4/4/2023. Any reply must be filed on or before 4/18/2023. Mailed notice (jk) (Entered: 03/12/2023)
03/07/23	Afterglow LLC v. Jessup Mfg Co 1:22-CV-02902 ( N.D. IL )	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff AfterGlow, LLC to dismiss countercalims (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(Zito, Joseph) (Entered: 03/07/2023)
02/14/23	Afterglow LLC v. Jessup Mfg Co 1:22-CV-02902 ( N.D. IL )	First Amended ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Jessup Manufacturing Company against AfterGlow, LLC . by Jessup Manufacturing Company (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Gasey, Arthur) (Entered: 02/14/2023)
02/13/23	Afterglow LLC v. Jessup Mfg Co 1:22-CV-02902 ( N.D. IL )	MINUTE entry before the Honorable John F. Kness: Defendant's Agreed Motion for leave to amend its answer to add a defense and counterclaim 32 is granted. Defendant's Agreed Motion toextend dates for final contentions 33 is granted. Mailed notice (ef, ) (Entered: 02/13/2023)