Opinion
Civil Action 21 C 3396
10-21-2022
SMART LOCAL 265 WELFARE FUND et al., Plaintiffs, v. R.G.H. HEATING & COOLING, INC., an Illinois corporation, Defendant.
Cecilia M. Scanlon Attorney for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD.
Cecilia M. Scanlon Attorney for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD.
NOTICE OF VOLUNTARY DISMISSAL
STEVEN C. SEEGER JUDGE
Plaintiffs, SMART LOCAL 265 WELFARE FUND, et al., by their attorneys, and, as of right in accordance with Rule 41 (a)(1)(i), of the Federal Rules of Civil Procedure, hereby dismiss this action without prejudice pursuant to the execution of an Amended Promissory Note. A true and correct copy of the Amended Promissory Note is attached to this Notice of Voluntary Dismissal, and is incorporated by reference. Plaintiffs request that this Court retain jurisdiction of this case solely to enforce the incorporated Amended Promissory Note in the event of a breach by Defendant consistent with Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 381-82, 114 S.Ct. 1673, 128 L.Ed. 391 (1994).