Community State Bank v. Wilson et al

Filing 144

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Honorable Susan O. Hickey on April 25, 2022.(mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
COMMUNITY STATE BANK
v.

PLAINTIFF
Case No. 4:18-cv-4078

MAXINE WILSON; CARRIE W.
WINFORD, ADMINISTRATRIX
FOR THE ESTATE OF JENNIFER
HARTING WILSON; and J. SCHUYLER
MARVIN, DISTRICT ATTORNEY

DEFENDANTS

GARY WILSON

INTERVENOR
ORDER

Before the Court is the parties’ Joint Stipulation of Dismissal. (ECF No. 143). No response
is necessary. The matter is ripe for consideration.
The parties have settled all remaining issues and stipulate to this case’s dismissal with
prejudice, with the entirety of the res at issue, $255,209.47, being paid to its rightful owner,
Intervenor Gary Wilson. The parties also stipulate that they will bear their own fees and costs.
An action may be dismissed by “a stipulation of dismissal signed by all parties who have
appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). The instant stipulation of dismissal is signed by the
remaining parties to this case, Defendant J. Schuyler Marvin and Intervenor Gary Wilson.
Pursuant to the parties’ settlement agreement, the Clerk of Court shall disburse to
Intervenor Gary Wilson the interpleaded funds deposited into the registry of the Court in
connection with this case. Accordingly, pursuant to 42 U.S.C. § 2042, the Clerk of Court is
DIRECTED to issue a check in the amount of $255,209.47, payable to Gary Wilson, at the
following address: Montgomery Law Firm, PLLC and Gary Wilson, P.O. Box 785, Hope,

Arkansas 71802. This case is hereby DISMISSED WITH PREJUDICE. The parties shall bear
their own fees and costs. 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 upon cause shown
that the settlement has not been completed and further litigation is necessary.
IT IS SO ORDERED, this 25th day of April, 2022.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge

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