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)

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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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