Zurich American Insurance Company v. Fikes Truck Line, LLC

Filing 16

ORDER granting 15 Joint Motion for Judgment. Parties settled, case is dismissed with prejudice pursuant to terms of settlement agreement. Signed by Honorable Susan O. Hickey on October 29, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION ZURICH AMERICAN INSURANCE COMPANY v. PLAINTIFF Case No. 4:15-cv-04019 FIKES TRUCK LINE, LLC DEFENDANT ORDER Before the Court is a Joint Motion for Entry of a Consent Judgment. (ECF No. 15). Plaintiff and Defendant have jointly informed the Court that all claims in this case have been settled. The Joint Motion for Entry of a Consent Judgment is hereby GRANTED. Under the terms of a settlement agreement, the parties have stipulated and agreed that the Court may enter judgment in favor of the Plaintiff Zurich American Insurance Company against the Defendant Fikes Truck Line, LLC in the amount of $95,000.00, with each party to bear its own costs and attorneys’ fees. The Plaintiff and Defendant further stipulate that this is a final judgment on the merits and shall have preclusive effect against any future litigation under the doctrine of res judicata and collateral estoppel. IT IS THEREFORE CONSIDERED, ORDERED AND ADJUDGED that the above styled cause be, and is hereby, dismissed with prejudice. Furthermore, Plaintiff Zurich American Insurance Company shall have a judgment against the Defendant Fikes Truck Line, LLC, for the sum of $95,000.00. Each party shall bear its own costs and attorneys’ fees. IT IS FURTHER ORDERED that 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. Dated this 29th day of October, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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