Stoudmire v. U.S. Xpress Enterprises, Inc.

Filing 38

JUDGMENT, in accordance with the opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the motion, filed by plf Stoudmire to set aside the court's prior judgment and reinstate the case is granted; (2) the [ 13] judgment is vacated and this case is reopened; (3) the motions 26 & 28 , filed by plf Stoudmire, to abrogate the settlement agreement, require plaintiff Stoudmires former attorney Julian McPhillips to refund the fee, and to dismiss fee lien ar e denied; (4) the 17 motion to enforce settlement filed by defendant U.S. Xpress, Inc. is granted; (5) the 17 -1 exhibit 4 settlement agreement is adopted as the order of the court; (6) Plaintiff Stoudmire and defendant U.S. Xpress,Inc. are ENJOI NED and RESTRAINED from failing to enforce their 17 -1 Exhibit 4 settlement agreement; (7) this lawsuit is dismissed as to plf Stoudmire's federal claim or claims; (8) this lawsuit is not dismissed as to the settlement agreement, which has been adopted as the order of the court, that is, the court retains jurisdiction of this aspect of the case; further ORDERING that all other pending motions are denied as moot; further ORDERING that the parties are to bear their own costs; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed again. Signed by Honorable Judge Myron H. Thompson on 4/3/2013. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

LARRY STOUDMIRE,

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Plaintiff,
v.
U.S. XPRESS, INC.,
Defendant.

CIVIL ACTION NO.
2:12cv1055-MHT
(WO)

JUDGMENT
In accordance with the opinion entered this date, it
is the ORDER, JUDGMENT, and DECREE of the court as
follows:
(1) The motion, filed by plaintiff Larry Stoudmire,
to set aside the court’s prior judgment and reinstate the
case (doc. no. 14) is granted.
(2) The judgment (doc. no. 13) is vacated and this
case is reopened.
(3) The motions, filed by plaintiff Stoudmire, to
abrogate

the

settlement

agreement,

require

plaintiff

Stoudmire’s former attorney Julian McPhillips to refund

the fee, and to dismiss fee lien (doc. nos. 26 and 28)
are denied.
(4)

The

motion

to

enforce

settlement

filed

by

defendant U.S. Xpress, Inc. (doc. no. 17) is granted.
(5) The settlement agreement (doc. no. 17-1) (exh. 4)
is adopted as the order of the court.
(6) Plaintiff Stoudmire and defendant U.S. Xpress,
Inc. are ENJOINED and RESTRAINED from failing to enforce
their settlement agreement (doc. no. 17-1) (exh. 4).
(7) This

lawsuit

is

dismissed

as

to

plaintiff

Stoudmire’s federal claim or claims.
(8) This

lawsuit

is

not

dismissed

as

to

the

settlement agreement (doc. no. 17-1) (exh. 4), which has
been adopted as the order of the court, that is, the
court retains jurisdiction of this aspect of the case.
It is further ORDERED that all other pending motions
are denied as moot.
It is further ORDERED that the parties are to bear
their own costs.

2

The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed again.
DONE, this the 3rd day of April, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE