Opinion
Case No. 5:05CV1704, [RESOLVING DOC. 18].
October 24, 2005
ORDER OF DISMISSAL
Prior to the commencement of the hearing on defendants' Motion to Enforce Settlement Agreement and for an Award of Fees and Costs (Doc. 18), counsel for defendants Shelly Company, Osterland Company, Doug Rauh, Tom Slane and Gary Cobb and plaintiff Patricia Harrington, pro se, stated on the record that they had reached a settlement in the case and that these parties would sign the Settlement Agreement and General Release, as amended. Furthermore, the plaintiff will effectuate the withdrawal of a Charge of Discrimination pending before the Equal Employment Opportunity Commission (E.E.O.C.) as Charge No. 220-2005-01272. Finally, Patricia Harrington stated on the record that she no longer wants to work for The Shelly Company. Accordingly,
Defendants' Motion to Enforce Settlement Agreement and for an Award of Fees and Costs (Doc. 18) is WITHDRAWN. Defendants Shelly Company, Osterland Company, Doug Rauh, Tom Slane and Gary Cobb, however, reserved the right to renew the request for fees and costs incurred in connection with the preparation and presentation of the Motion to Enforce Settlement Agreement; if, the plaintiff does not do what is necessary to effectuate the withdrawal of her outstanding E.E.O.C. charge.
All claims in the above-entitled action are dismissed with prejudice.
The Court shall retain jurisdiction of the case for purposes of compliance with the Settlement Agreement and General Release, as amended, that the parties entered into on October 20, 2005, and entry of such further orders as may be necessary or proper to effectuate the purposes of the settlement.
Each party shall bear its own costs.
IT IS SO ORDERED.