Driver et al v. D. Mosley Trucking, Inc. et al

Filing 245

ORDER granting 237 Motion to Dismiss. Parties settled, case is dismissed with prejudice pursuant to terms of settlement agreement. (See Order for specifics) Signed by Honorable Susan O. Hickey on July 21, 2015. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

LOIS DRIVER, et al

VS.

PLAINTIFFS

CASE NO. 4:13-cv-4074

D. MOSLEY TRUCKING, INC.,
et al

DEFENDANTS

ORDER
Before the Court is a Motion to Dismiss Cross-claim (ECF No. 237) filed on behalf of
Defendants New Millennium Building Systems, L.L.C. and New Millennium Building Systems.
Also before the Court are various stipulations of dismissal filed on behalf of the parties in this
case. (ECF Nos. 240-241, 243-244). The Court will address each matter in turn.
Defendants New Millennium Building Systems, L.L.C. and New Millennium Building
Systems move to dismiss their cross-claim for contribution (ECF No. 125) against Defendants D.
Mosley Trucking, Inc. and Ramon Colon. Pursuant to Federal Rule of Civil Procedure 41(a)(2),
the Court finds that the motion (ECF No. 237) should be and hereby is GRANTED. Defendants
New Millennium Building Systems, L.L.C. and New Millennium Building Systems’ cross-claim
for contribution against Defendants D. Mosley Trucking, Inc. and Ramon Colon is hereby
DISMISSED WITH PREJUDICE.
Plaintiffs Keith Dedmon and Sean Kearney and Defendants New Millennium Building
Systems, L.L.C. and New Millennium Building Systems have filed a Joint Stipulation of
Dismissal. (ECF No. 240). It has been reported to the Court that the within matter has been
fully settled and compromised by these parties. Pursuant to Federal Rule of Civil Procedure

41(a)(1)(A)(ii), Plaintiff Keith Dedmon and Sean Kearney’s claims against Defendants New
Millennium Building Systems, L.L.C. and New Millennium Building Systems are hereby
DISMISSED WITH PREJUDICE.
Plaintiffs Keith Dedmon and Sean Kearney and Defendants D. Mosley Trucking, Inc. and
Ramon R. Colon have filed a Joint Stipulation of Dismissal. (ECF No. 244). It has been
reported to the Court that the within matter has been fully settled and compromised by these
parties. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiffs Keith Dedmon
and Sean Kearney’s claims against Defendants D. Mosley Trucking, Inc. and Ramon R. Colon
are hereby DISMISSED WITH PREJUDICE.
Plaintiffs Lois Driver and Robert Driver and Defendants New Millennium Building
Systems, L.L.C. and New Millennium Building Systems have filed a Joint Stipulation of
Dismissal. (ECF No. 241). It has been reported to the Court that the within matter has been
fully settled and compromised by these parties. Pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(ii), Plaintiffs Lois Driver and Robert Driver’s claims against Defendants New
Millennium Building Systems, L.L.C. and New Millennium Building Systems are hereby
DISMISSED WITH PREJUDICE.
Plaintiffs Lois Driver and Robert Driver and Defendants D. Mosley Trucking, Inc. and
Ramon R. Colon have filed a Joint Stipulation of Dismissal. (ECF No. 243). It has been
reported to the Court that the within matter has been fully settled and compromised by these
parties. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiffs Lois Driver and
Robert Driver’s claims against Defendants D. Mosley Trucking, Inc. and Ramon R. Colon are
hereby DISMISSED WITH PREJUDICE.

2

If any party desires that the terms of their settlement agreement be a part of the record,
those terms should be reduced to writing and filed with the court within thirty (30) days of the
entry of this order.

The Court shall retain jurisdiction over the terms of the settlement

agreement.
IT IS SO ORDERED, this 21st day of July, 2015.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

3