Andrews v. United States of America
ORDER granting 36 Motion for Settlement. The settlement agreement is approved and this case is DISMISSED WITH PREJUDICE. The Court retains jurisdiction to enforce the terms of the settlement agreement. Signed by Honorable P. K. Holmes III on July 16, 2021. (mjm)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
UNITED STATES OF AMERICA
Plaintiff filed a motion (Doc. 36) for approval of settlement of this case. Plaintiff’s motion
indicates that the parties have reached a tentative settlement agreement, subject to Court approval
under Ark. Code Ann. § 11-9-410(c). Plaintiff has agreed to accept $99,500 to resolve all claims
against Defendant, and Defendant’s worker’s compensation carrier has waived any right to
subrogation. The Court has reviewed the motion and its exhibits. Because Federal Rule of Civil
Procedure 41(a)(2) allows the Court to dismiss a case at Plaintiff’s request on terms the Court
considers proper, and in the interest of expediting procedural steps necessary to resolve this matter,
the Court will approve the settlement as a term of dismissal with prejudice. Furthermore, the Court
will retain jurisdiction to enforce the settlement. Should a release not be executed by Plaintiff or
settlement funds not be distributed to Plaintiff, either party may move in this case for specific
performance of their agreement.
IT IS THEREFORE ORDERED that Plaintiff’s motion (Doc. 36) is GRANTED. The
settlement agreement is approved and this case is DISMISSED WITH PREJUDICE. The Court
retains jurisdiction to enforce the terms of the settlement agreement.
IT IS SO ORDERED this 16th day of July, 2021.
/s/P. K. Holmes, ΙΙΙ
P.K. HOLMES, III
U.S. DISTRICT JUDGE
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