Hardy et al v. Bartmess

Filing 241

ORDER granting Barmess's request to supplement the record with John Hardy's deposition by December 23, 2011, and file it under seal, if necessary. The Court directs Bartmess to provide to the Court an exact list of all witnesses, and infor mation on each witness, as set forth in this Order, Hardy is directed to respond to Bartmess's motion on the probate-claim issue by December 30, 2011. Status reports should be filed by December 23, 2011. The Court will hold another hearing on January 10, 2012 starting at 9:00 a.m.. Signed by Judge D. P. Marshall Jr. on 12/20/11. (kpr) (Additional attachment(s) added on 12/20/2011: ) # 1 Main Document - Correct, and text modified to correct typographical error.) (thd).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION METROPOLITAN LIFE INSURANCE CO. v. PLAINTIFF No.4:11-cv-157-DPM KRISTY L. HOLMES; ALVIN J. JOHNSON; and LISA S. GAGNON DEFENDANTS ORDER The parties have advised the Court as to how they would like the $213,218.51 that was actually deposited into the Court registry to be divided. Their joint motion, Document No. 39, is granted. The Court vacates its earlier instructions regarding the disbursement of funds. Document No. 37, at 2. Pursuant to the Holmes/Johnson settlement and additional instructions, Gagnon having defaulted and waived any rights she may have had, the Court orders the Clerk to disburse the money this way: • $72,109.25, plus 33.33% of any accrued interest, to Kristy L. Holmes; and • $141,109.26, plus 66.67% of any accrued interest, to Alvin J. Johnson. The Court further directs the Clerk to file a statement confirming the disbursements and the exact amounts. Thereafter, the Court will enter Judgment dismissing the case with prejudice as agreed. FED. R. Cry. P. 41 (a)(2). So Ordered. D.P. Marshall Jr. United States District Judge 20 December 2011 -2­

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