Deshazer v. Metropolitan Life Insurance Company et al

Filing 22

AGREED ORDER AND STIPULATION OF DISMISSAL WITH PREJUDICE. Signed by Judge James M. Moody on 9/18/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
KEVIN DESHAZER

v.

PLAINTIFF
CASE NO. 4-11-CV-0740 JMM

METROPOLITAN LIFE INSURANCE COMPANY and
VESTCOM INTERNATIONAL, INC. WELFARE
BENEFIT PLAN

DEFENDANTS

AGREED ORDER AND STIPULATION OF DISMISSAL WITH PREJUDICE

The following is stipulated and agreed by and between the parties in the above-styled
case and is hereby ordered by the Court:
1.

that Plaintiff is entitled to benefits under the Plan so long as he remains eligible

and otherwise meets his obligations under the terms of the Plan;
2.

that pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the above-

styled cause of action should be dismissed with prejudice, each party to bear his and its own
costs and fees except as expressly agreed by the parties; and
3.

that this action is dismissed with prejudice only as to events, omissions, and/or

decisions occurring heretofore. The plaintiff is not precluded from bringing further actions based
on events, omissions, and/or decisions occurring hereafter.

~~\~4~

NITED STATES DISTRiCTJGE
DATE

l#i-f£~

~.'3hltberlin

Jeffrey L. Spillyard/

Ar·. Bar No. 2003109

Ark. Bar. No. 2004159

MCMATH WOODS, P.A.
711 West Third Street
Little Rock, Arkansas 72201
[phone]
neil@ mcmathlaw. com

MITCHELL, WILLIAMS, SELIG,
GATES & WOODYARD, P.L.L.C.
425 West Capitol Ave., Suite 1800
Little Rock, Arkansas 72201
[phone]
jspillyards@ mwlaw. com

Attorneys for Plaintiff
Attorneys for Defendant

2