Jordan v. Central Transport, LLC et al

Filing 157

AMENDED ORDER re 156 granting 154 Motion to Set Aside Order. The Memorandum Opinion and Order issued February 22, 2019, in which the Court granted summary judgment in favor of Separate Defendant Central Transport is vacated. Signed by Honorable Susan O. Hickey on March 20, 2019. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION MARQCHELLO JORDAN v. PLAINTIFF Case No. 4:17-cv-4011 CENTRAL TRANSPORT, LLC; JOHN DOE 1; JOHN DOE 2; and JOHN DOE 3 DEFENDANTS AMENDED ORDER Before the Court is a Joint Motion to Vacate Order Under Federal Rule of Civil Procedure 60. ECF No. 154. This case was set for trial on March 19, 2019; however, the parties reached a negotiated settlement prior to the start of trial. ECF No. 153. The parties now move the Court to vacate its Memorandum Opinion and Order issued on February 22, 2019, in which the Court granted summary judgment in favor of Separate Defendant Central Transport. ECF Nos. 138 and 139. The Court notes that district court rulings are not treated as binding precedents in other cases. Also, the agreement to file the present motion facilitated the settlement of this case. Upon consideration, the Court finds that vacatur of the summary judgment order is in the best interests of all parties and does not run counter to any prevailing public interest. Accordingly, pursuant to Federal Rule of Civil Procedure 60(b)(5) and (b)(6), the Joint Motion to Vacate Order Under Federal Rule of Civil Procedure 60 (ECF No. 154) is GRANTED. The Court vacates the Memorandum Opinion and Order issued on February 22, 2019, 1 in which the Court granted summary judgment in favor of Separate Defendant Central Transport. Nos. 138 and 139. ECF Pursuant to the parties’ Joint Stipulation of Settlement (ECF No. 153), a separate order will be entered dismissing this case with prejudice. IT IS SO ORDERED, this 20th day of March, 2019. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge The Court enters this Amended Order to correct the date on which the Memorandum Opinion and Order was issued. ECF Nos. 138 and 139. The original order erroneously stated that the Memorandum Opinion and Order was entered on March 19, 2019. 1 2

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