Southeast X-Ray, Inc. et al v. Spears et al
Filing
37
MEMORANDUM OPINION AND ORDER, as set forth. Further, Plaintiff Southeast X-Ray, Inc, is dismissed as a party from this lawsuit. Signed by Honorable P. K. Holmes, III on November 8, 2013. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
SOUTHEAST X-RAY, INC.; and
REAL RADIOLOGY, LLC
v.
PLAINTIFFS
Case No. 2:13-CV-02026
MICHAEL SPEARS; KENNETH DEAN
VAUGHAN; and RAPID RADIOLOGY, INC.
DEFENDANTS
MEMORANDUM OPINION AND ORDER
Now pending before the Court is a stipulation of dismissal with prejudice (Doc. 36) filed by
Plaintiff Southeast X-Ray, Inc. and Defendants Michael Spears, Kenneth Dean Vaughan, and Rapid
Radiology, Inc. These parties stipulate that they have reached a settlement of their claims and
counterclaims made against one another in the instant matter, and they wish to have these claims and
counterclaims dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). The
parties advise that all claims and counterclaims pending between Plaintiff Real Radiology, LLC and
Defendants Michael Spears, Kenneth Dean Vaughan, and Rapid Radiology, Inc. are not dismissed
and are expressly preserved.
Therefore, IT IS HEREBY ORDERED that all claims and counterclaims asserted in this
matter between Plaintiff Southeast X-Ray, Inc. and Defendants Michael Spears, Kenneth Dean
Vaughan, and Rapid Radiology, Inc. are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff Southeast X-Ray, Inc. is DISMISSED as a party
from this lawsuit.
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IT IS FURTHER ORDERED that all claims and counterclaims asserted in this matter
between Plaintiff Real Radiology, LLC and Defendants Michael Spears, Kenneth Dean Vaughan,
and Rapid Radiology, Inc. are not dismissed and are expressly preserved.
IT IS FURTHER ORDERED that the motion to compel (Doc. 33) filed by Defendant Rapid
Radiology, Inc. against Plaintiff Southeast X-Ray, Inc. is DENIED AS MOOT.
IT IS SO ORDERED this 8th day of November, 2013.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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