Daniels et al v. State Farm Fire & Casualty Company

Filing 10

CONSENT ORDER OF DISMISSAL with prejudice pursuant to settlement. Signed by Chief Judge J. Leon Holmes on 8/29/2011. (jct)

FILED

u.s. DISTRICT COURT
EASTERN DISTR!CT ARKANSAS

AUG 29 2011
IN THE UNITED STATES DISTRICf COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DMSION

GREGORY ALLEN DANIELS AND
NIKKI RAE DANIELS
VS.

~A~ES~ W:~ACKI CLERK
y

DEP CLERK

PLAINTIFF
NO. 3:JOcvOO297 JLH

STATE FARM FIRE & CASUALTY COMPANY

DEFENDANT

CONSENT ORDER OF DISMISSAL
On this day, this matter comes on for hearing with the parties appearing by their attorneys

announcing that all matters in dispute in this case have been settled and that this case should be
dismissed. It appearing. to the Court that the parties have consented to the entry of this Order, the
Court hereby FINDS AND ORDERS the following:
1.

This Court has jurisdiction over the parties and subject matter herein and venue is

2.

Pursuant to the stipulation ofthe parties, the Court hereby FINDS, ORDERS, AND

proper.

ADJUDGES that all claims, demands, and causes ofaction which were asserted or might have been
asserted by the Plaintiffs, Gregory Allen Daniels and Nikki Rae Daniels, against the Defendant, State
Fann Fire & Casualty Company, for personal property damages, including replacement costs, under
Coverage B ofthe policy, and all claims for loss ofuse, including additional living expenses under
Coverage C of the policy, arising out of any event occurring prior to the date of the entry of this
Order should be and the same are hereby dismissed with prejudice.
3.

Pursuant to the stipulation ofthe parties, the Court hereby FINDS AND ORDERS

that, prior to the date of the filing ofthis action, State Farm paid to the Plaintiffs and their mortgage
companythe sum ofOne Hundred TwelveThousand One Hundred Twenty-three and 0511 00 Dollars

-2­

($112.123.05). representing the agreed actual cash value ofthe dwelling damaged in the fire. which
occurred on or about April 20.2010. but that the residence has not yet been rebuilt with similar
construction. Accordingly. pursuant to the stipulation of the parties. the Court finds that the agreed
dismissal of Plaintiffs· claims as to Coverages B and C. as set forth above. shall not operate as a
dismissal with prejudice as to any future claim Plaintiffs may hereafter assert against State Farm Fire
& Casualty Company. and shall not prejudice the right of State Farm Fire & Casualty Company to

raise any defense or make any claim against Plaintiffs with regard to any remaining benefits which
may be payable under Coverage A of the policy with regard to replacement cost.
4.

Pursuant to the stipulation ofthe parties. it is the intention ofboth the Court and the

parties that the entry of this Order shall operate to forever bar Plaintiffs from making any claim
against State Farm Fire & Casualty Company under Coverages B and C ofthe policy. which is the
subject matter of this action. but shall not operate to bar Plaintiffs from making any claim against
State Farm under Coverage A ofthe Policy. nor shall it operate to bar State Farm from asserting any
defenses or making any claims against Plaintiffs under Coverage A ofthe subject policy.
5.

Pursuant to the stipulation of the parties. the Court hereby FINDS AND ORDERS

that each party shall be responsible for payment ofthe attorney fees and court costs incurred by that
party prior to the date ofthe entry of this Order.
IT IS SO CONSIDERED, ORDERED, AND ADJUDGED this

~q~ day of ~SI­

2011.

Leon Hobnes, Judge
States District Court

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APPROVED AS TO FORM AND CONTENT:

BRANCH. THOMPSON, 'VARi\IATH
& DALE, P.A.
414 West Court Street
Paragould, Arkansas 72450
By:

/JI1J?'~

Robert F. Thompson III
AlTORNEYS FOR PLAINTIFFS

REID, BURGE, PREYALLET & COLEMAN
417 North Broadwuy, P. O. Box J07
Blytheville. Arkansas 72316-0107
Telephone: [phone]
Fax:
[phone]
E-mail:
rbpcmisbce.lobnl.net

B)':

~/~,------Robert L. Coleman, No. 80031
ATTORNEYS FOR DEFENDANT