Jack Olsta Company v. Langley

Filing 20

ORDER granting 17 Motion to Vacate order of settlement; granting 17 Motion to Reopen Case; Hearing set 6/26/06 @ 10:00am. Signed by Judge Harry F. Barnes on May 11, 2006. (cnn)

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Jack Olsta Company v. Langley Doc. 20 Case 1:04-cv-01002-HFB Document 20 Filed 05/11/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION THE JACK OLSTA COMPANY VS. JERRY LANGLEY d/b/a LANGLEY TRUCKING, INC. ORDER Before the Court is Defendant/Counter Plaintiff Jerry Langley d/b/a Langley Trucking, Inc.'s ("Langley Trucking") Motion to Vacate and Reopen to Enforce Settlement Agreement. (Doc. 17). Plaintiff The Jack Olsta Company ("Jack Olsta") has not responded. The Court finds this motion ripe for consideration. On January 4, 2006, the Court entered a Judgment dismissing the case with prejudice pur suant to the terms of the parties' settlement agreement and retaining jurisdiction to vacate the judgment and to reopen this action upon cause shown that the settlement has not been completed and further litigation is necessary. 1 In its motion to vacate and reopen, Langley Tr ucking alleges that Jack Olsta has failed to comply with the terms of the parties' settlement agr eement and this failure has caused it damages in the amount of $9,525.76. Upon consider ation, the Court finds the motion should be and hereby is granted. The Court's Judgment dated January 4, 2006, dismissing the matter previously-styled The Jack Olsta Company v. Jerry Langley d/b/a Langley Trucking, 2004-cv-1002 with prejudice pursuant to the terms of the parties' settlement agreement (doc. 14) is hereby vacated and this matter is her eby reopened for the limited purpose of the issue of the enforcement of the parties' Case No. 04-CV-1002 DEFENDANT/ COUNTER PLAINTIFF PLAINTIFF/ COUNTER DEFENDANT In the January 4 Judgment, the Court also dismissed the companion case to this lawsuit, Langley Trucking, Inc. and Jerry Langley v. Jack Olsta Company, 2003-cv-1167. The motion to reopen and vacate is not styled with this case number and does not apply to 2003-cv1167. -1- 1 Dockets.Justia.com Case 1:04-cv-01002-HFB Document 20 Filed 05/11/2006 Page 2 of 2 settlement agreement. Please take notice that the above-styled cause is scheduled for a hearing on Monday, June 26, 2006, at 10:00a.m. The hearing will take place in the U.S. District Courtroom, in the United States Post Office and Court House, El Dorado, Arkansas. IT IS SO ORDERED this 11th day of May, 2006. /s/ Harry F. Barnes Hon. Harry F. Barnes U. S. District Judge -2-

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