Rabon et al v. Kimani et al
Filing
91
ORDER granting 90 Motion to Dismiss; Sentry Select Insurance Company intervenor terminated; plaintiffs and intervenor settled; claims dismissed with prejudice. Signed by Honorable Susan O. Hickey on February 2, 2018. (cnn)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
TERRANCE RABON and
KATHLEEN RABON
v.
PLAINTIFFS
Case No. 4:16-cv-4007
JOHN K. KIMANI;
TOLYN EXPRESS, LLC; and
JOHN DOES 1-6
DEFENDANTS
SENTRY SELECT INSURANCE
CO.
INTERVENOR
ORDER
Before the Court is Intervenor Sentry Select Insurance Co.’s Unopposed Motion to Dismiss
with Prejudice. (ECF No. 90). Intervenor and Plaintiffs Terrance and Kathleen Rabon have
reached a settlement in this matter and request that all of Intervenor’s claims against Plaintiffs be
dismissed with prejudice. Pursuant to Federal Rule of Civil Procedure 41(a)(2), an action may be
dismissed by court order on terms the court considers proper.
Accordingly, Intervenor’s motion (ECF No. 90) is hereby GRANTED. Intervenor’s
claims in this matter 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 2nd day of February, 2018.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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