Elba v. Mac's Convenience Stores, LLC

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
NIRMIN ELBA,
Plaintiff,
v. 	Case Number 2:23-cv-4108
JUDGE EDMUND A. SARGUS, JR.
MAC’S CONVENIENCE STORES, 	Magistrate Judge S. Courter M. Shimeall
LLC, D/B/A CIRCLE K,
Defendant.
ORDER
This matter is before the Court on three filings. On March 27, 2026, (1) counsel for
Plaintiff Nirmin Elba—Mr. Donald Gallick—moved to withdraw as attorney (ECF No. 58),
(2) Plaintiff Nirmin Elba and Defendant Mac’s Convenience Stores, LLC, d/b/a Circle K jointly
filed a Stipulation of Dismissal With Prejudice (ECF No. 59), and (3) this Court set a Show
Cause Hearing (ECF No. 60).
In their Stipulation of Dismissal, the Parties stipulate to the dismissal of this case in its
entirety with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No.
59.) Plaintiff and Defendant further stipulate that they shall bear their own costs, expenses, and
fees, including, but not limited to, attorneys’ fees. (Id.) The Stipulation of Dismissal is signed by
Plaintiff, counsel for Plaintiff, and counsel for Defendant. (Id.)
Accordingly, the Court DENIES AS MOOT (ECF No. 58) Plaintiff’s Motion to
Withdraw as Attorney. The Court VACATES the Show Cause Hearing set for April 6, 2026, at
10:00 a.m. (ECF Nos. 60, 61.) The Parties are no longer obligated to show cause as to why they
should not be held in contempt, but they have been warned through the Court’s Order (ECF No.
60) that any future flouting of this Court’s orders may result in a show cause hearing. Upon
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request of the Parties in their Stipulation of Dismissal, this Court retains jurisdiction over the
enforcement of the Parties’ settlement agreement. (ECF No. 59.)
The Clerk is DIRECTED to terminate this case. The Clerk is further DIRECTED to
send a copy of this Order to Plaintiff by email.
IT IS SO ORDERED.
3/31/2026 	s/Edmund A. Sargus, Jr.
DATE 	EDMUND A. SARGUS, JR.
UNITED STATES DISTRICT JUDGE
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