Opinion
Proceedings (In Chambers): Order GRANTING Ex Parte Application and DISMISSING Case With Prejudice
Philip S. Gutierrez, United States District Judge.
Before the Court is Defendant Travelers Property Casualty Insurance Company's (" Defendant") ex parte application to dismiss with prejudice pursuant to the parties' settlement agreement. See Dkt. # 66. On May 6, 2015, the parties executed a final settlement agreement. See McElvain Decl. ¶ 10. The Court concludes that Defendant has complied with the settlement agreement and dismissal of the case with prejudice is warranted. It is appropriate to provide this relief on an ex parte basis because Plaintiff Michael H. Kane refuses to dismiss the case pursuant to the agreement and the trial is less than one month away, set for July 21, 2015. See Dkt. # 38.
Accordingly, the Court DISMISSES the case WITH PREJUDICE.
IT IS SO ORDERED.