Bradley v. Cunich et al
Filing
49
ORDER granting 48 Motion to Dismiss Cross Claims. Magana's crossclaims against Mark J. Cunich and Cross-Defendant Performance Contracting are dismissed with prejudice subject to the terms of the settlement agreement. Signed by Honorable Susan O. Hickey on April 17, 2015. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
SAMANTHA BRADLEY
v.
PLAINTIFF
Case No. 4:14-cv-04077
MARK J. CUNICH; PERFORMANCE
CONTRACTING GROUP, PERFORMANCE
CONTRACTING, INC.; and SIM MAGANA, JR.
DEFENDANTS
ORDER
Before the Court is Separate Defendant Sim Magana, Jr.’s Motion to Dismiss all Cross
Claims. (ECF No. 48). The parties have reached a settlement in this matter. Pursuant to Federal
Rule of Civil Procedure 41(c), a crossclaim may be dismissed voluntarily by the claimant before
evidence is introduced at a hearing or trial.
Accordingly, Magana’s crossclaims against Mark J. Cunich and Cross-Defendant
Performance Contracting are DISMISSED WITH PREJUDICE subject to the terms of the
settlement agreement. If any party desires that the terms of settlement be a part of the record therein,
those terms should be reduced to writing and filed with the court within thirty (30) days of the entry
of this judgment.
The court retains jurisdiction to vacate this order and to reopen this action upon cause shown
that the settlement has not been completed and further litigation is necessary.
IT IS SO ORDERED, this 17th day of April, 2015.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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