CBL & Associates Management Inc v. RAM Construction Services of Michigan Inc

Filing 68

STIPULATED ORDER OF DISMISSAL WITH PREJUDICE dismissing this action with prejudice by stipulation of the parties. The parties shall bear their own attorneys' fees and expenses. Signed by Judge James M. Moody Jr. on 05/13/2021. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
CBL & ASSOCIATES MANAGEMENT, INC.,
Plaintiff,
v.

No. 4:17-cv-00840-JM

RAM CONSTRUCTION SERVICES OF
MICHIGAN, INC.,
Defendant.
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE
By stipulation of the parties, and the Court being otherwise advised of the premises, it is
ordered that this action is dismissed with prejudice according to the following terms:
1. This dismissal operates as an adjudication on the merits of all claims that were raised
or could have been raised in the action;
2. In the event any person or entity files a subsequent action based on or including the
same or similar claims relating to the Park Plaza Mall parking deck that were raised in this action
against Defendant RAM Construction Services of Michigan, Inc. (“RAM”), the person or entity
shall pay all costs and attorney fees incurred by RAM in this action as a condition precedent to
filing and/or proceeding with the subsequent action;
3. Plaintiff CBL & Associates Management, Inc. has been acting as the disclosed and
authorized agent of Park Plaza Mall CMBS, LLC throughout this action and makes the stipulations
in this order with full authority to do so on behalf of Park Plaza Mall CMBS, LLC; and
4. The parties shall bear their own attorneys’ fees and expenses of this action, other than
as provided in paragraph 2 above.

IT IS SO ORDERED this 13th day of May, 2021.
JAMES M. MOODY JR.
UNITED STATES DISTRICT JUDGE

AGREED AS TO FORM AND SUBSTANCE:
HUSCH BLACKWELL LLP

KOTZ SANGSTER WYSOCKI P.C.

/s/ K. Chris Collins
Justin L. Jones (AR Bar No. 2008068)
Michael K. Alston (TN Bar No. 13697)
Admitted Pro Hac Vice
K. Chris Collins (TN Bar No. 29109)
Admitted Pro Hac Vice
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiff
CBL & Associates Management, Inc.

/s/ R. Edward Boucher
R. Edward Boucher (MI Bar No. P57251)
Admitted Pro Hac Vice
400 Renaissance Center, Suite 3400
Detroit, Michigan 48243
[phone]
[e-mail]
Attorneys for RAM Construction
Services of Michigan, Inc.

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