Curtis v. Counseling Consultants Inc et al

Filing 100

AGREED ORDER OF DISMISSAL WITH PREJUDICE pursuant to the parties' 99 Stipulation of Dismissal. Signed by Chief Judge J. Leon Holmes on 4/19/10. (vjt)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS HELENA DIVISION PHOEBE CURTIS, Individually and as Next Friend of BENJAMIN CURTIS, Plaintiff, v. COUNSELING CONSULTANTS, INC. and TRUSTMARK LIFE INSURANCE COMPANY, Defendants, v. RICHARD FALKNER, HUMANA INSURANCE CO., and CERIDIAN CORPORATION, Third-Party Defendants. § § § § § § § § § § § § § § § § § § § §

C.A. No. 2:08-CV-0175-JLH

AGREED ORDER OF DISMISSAL WITH PREJUDICE The parties have announced to the Court that the matters in controversy herein have been settled. In accordance with the Stipulation for Dismissal with Prejudice signed by counsel for the parties, it is ORDERED that all claims, demands, debts, or causes of action asserted or assertable herein by Plaintiff Phoebe Curtis ("Curtis"), individually and as next friend of Benjamin Curtis (the "Child") against Defendants Counseling Consultants, Inc. ("CCI") and Trustmark Life Insurance Company ("Trustmark") (collectively with CCI, "Defendants") or against Third-Party Defendants Richard Falkner ("Falkner"), Humana Insurance Co. ("Humana"), and Ceridian

Corporation ("Ceridian") (collectively with Falkner and Humana, "Third-Party Defendants") are DISMISSED WITH PREJUDICE; it is further ORDERED that all claims, demands, debts, or causes of action asserted or assertable herein by Defendants or Third-Party Defendants against Curtis are DISMISSED WITH PREJUDICE; it is further ORDERED that all claims, demands, debts, or causes of action asserted or assertable herein by Defendants against Third-Party Defendants are DISMISSED WITH PREJUDICE; it is further ORDERED that all claims, demands, debts, or causes of action asserted or assertable herein by Third-Party Defendants against Defendants are DISMISSED WITH PREJUDICE; it is further ORDERED that the coverage of Curtis and the Child under Trustmark's group ID JM547 is CANCELLED and no longer of any force or effect; and it is f urther ORDERED that all attorney's fees, mediation fees, and court costs are taxed against the party incurring them. SO ORDERED. SIGNED this 19th day of April, 2010.

J. LEON HOLMES UNITED STATES DISTRICT JUDGE

AGREED: By: /s/ Luther Oneal Sutter Luther Oneal Sutter Ark. Bar No. 95031 HARRILL & SUTTER, PLLC Attorneys at Law P.O. Box 2012 Benton, Arkansas 72018 [phone] [phone] ATTORNEYS FOR PLAINTIFF By: /s/ Leigh Anne Yeargan Leigh Anne Yeargan Bar No. 93106 [e-mail] Stuart P. Miller Bar No. 88137 [e-mail] MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C. 425 West Capitol Ave., Suite 1800 Little Rock, Arkansas 72201 [phone] Lawrence W. Jackson Bar No. 92194 Attorney at Law 66 Military Road Marion, Arkansas 72364 [phone] [phone] (FAX) ATTORNEYS FOR DEFENDANT COUNSELING CONSULTANTS, INC.

By: /s/ Andrew C. Whitaker Andrew G. Jubinsky Texas Bar No. 11043000 [e-mail] Andrew C. Whitaker Texas Bar No. 21273600 a n d r e w . w h i t a k e r @ f ig d a v . c o m FIGARI & DAVENPORT, L.L.P. 3400 Bank of America Plaza 901 Main Street Dallas, Texas 75202 [phone] [phone] (FAX) ATTORNEYS FOR DEFENDANT TRUSTMARK LIFE INSURANCE COMPANY

By: /s/ Joseph E. Kilpatrick, Jr. Joseph E. Kilpatrick, Jr. Bar No. 74091 [e-mail] KILPATRICK WILLIAMS SMITH & MEEKS, LLP Arvest Bank Bldg 500 Broadway Place, Suite 404 Little Rock Arkansas 72201 [phone] [phone] (FAX) ATTORNEYS FOR THIRD-PARTY DEFENDANT HUMANA INSURANCE COMPANY

By: /s/ Jeffrey H. Moore Guy A. Wade Bar No. 88178 Jeffrey H. Moore Bar No. 90109 [e-mail] FRIDAY ELDREDGE & CLARK, LLP 400 West Capitol Suite 2000 Little Rock, Arkansas 72201-3522 [phone] [phone] (FAX) ATTORNEYS FOR THIRD-PARTY DEFENDANT RICHARD FALKNER By: /s/ Robert L. Henry, III Robert L. Henry, III Arkansas Bar No. 72054 [e-mail] BARBER MCCASKILL JONES & HALE, P.A. 2700 Regions Center 400 West Capital Avenue Little Rock, Arkansas 72201-3414 [phone] Charles F. Seemann, III (admitted pro hac) PROSKAUER ROSE, LLP 650 Poydras Street, Suite 1800 New Orleans, Louisiana 70130-6146 [phone] [phone] (FAX) ATTORNEYS FOR THIRD-PARTY DEFENDANT CERIDIAN CORPORATION