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)

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