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).

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

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