Case: 1:11-cv-08029 Document #: 29 Filed: 12/20/12 Page 1 of 2 PageID #:105 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ADDICTION & DETOXIFICATION INSTITUTE, LLC, a New Jersey Limited Liability Corporation, Plaintiff, v. DR. MARVIN "RICK" SPONAUGLE, an individual, d/b/a FLORIDA DETOX & WELLNESS INSTITUTE, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 11-cv-08029 Judge John J. Tharpe, Jr. PLAINTIFF ADDICTION & DETOXIFICATION INSTITUTE, LLC'S UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE WITHOUT AN AWARD OF COSTS AND FEES, IN VIEW OF CONFIDENTIAL SETTLEMENT AGREEMENT Plaintiff, Addiction & Detoxification Institute, LLC ("ADI"), pursuant to Federal Rule of Civil Procedure 41(a)(2), respectfully requests this Court to enter an Order dismissing with prejudice its claims set forth in Plaintiff's Complaint in the above-titled case as to Defendant Dr. Marvin "Rick" Sponaugle, an individual, d/b/a Florida Detox & Wellness Institute, with all parties to bear their own fees, costs, and other expenses in this litigation, and as grounds therefore, state as follows: Plaintiff ADI and Defendant have entered into a Confidential Settlement Agreement, which provides, inter alia, the payment of a stipulated down payment within ten (10) days of settlement. Having now received the stated down payment amount, Case: 1:11-cv-08029 Document #: 29 Filed: 12/20/12 Page 2 of 2 PageID #:106 Plaintiff wishes to dismiss this case voluntarily with prejudice subject to the confidential Settlement Agreement, each parts to pay their own costs and fees. Respectfully submitted, By: /s/ Thomas K. Mirabile Thomas K. Mirabile Attorney for Plaintiff Mirabile Law Firm 1751 South Naperville Road Suite 203 Wheaton, IL 60189 (630) 665-6904 lawchicago@earthlink.net 2