Wal-Mart Transportation, LLC vs. American Global et al

Filing 34

ORDER granting 32 Motion for Disbursement of Funds; granting 33 Motion to Dismiss with prejudice ***Civil Case Terminated. U.S. Clerk is directed to disburse the funds deposited into the registry of the Court, in the amount of $232,368.68, t o separate defendant Wells Fargo Business Credit, 101 South Hanley road, Suite 1400, St. Louis, MO 63105 and to deduct a 10% fee on the interest earned prior to distribution for handling the funds deposited into the registry of the Court. Signed by Honorable Robert T. Dawson on November 14, 2008. cc: Gina Hellums(tg)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION WAL-MART TRANSPORTATION, LLC v. CASE NO. 07-5151 DEFENDANTS PLAINTIFF

AMERICAN GLOBAL TRANSPORTATION AND LOGISTICS, LLC, et al. ORDER

NOW on this 14th day of November, 2008, there comes on for consideration Plaintiff's Motion to Disburse Funds and Motion to Dismiss (Docs. 32-33). IT APPEARING to the court that the matter

has been settled, counsel for Plaintiff having so advised the court, it is ORDERED that Plaintiff's Motions be GRANTED and Plaintiff's Complaint, as well as all cross-claims and

counterclaims, are dismissed with prejudice, subject to the terms of the settlement agreement. Further, the U.S. District Clerk is

directed to disburse the funds deposited into the registry of the Court, in the amount of $232.368.68, to Separate Defendant Wells Fargo Business Credit, 101 South Hanley Road, Suite 1400, St. Louis, MO 63105, and to deduct a 10% fee on the interest earned prior to distribution for handling the funds deposited into the registry of the Court. If any party desires to make the terms of settlement a part of the record herein, those terms should be reduced to writing and filed with the court within thirty (30) days from the file date of this order. The court retains jurisdiction to vacate this order

and to reopen the action upon cause shown that settlement has not

AO72A (Rev. 8/82)

been completed and that a party wishes this court to enforce the settlement agreement specifically.

/s/ Robert T. Dawson HONORABLE ROBERT T. DAWSON UNITED STATES DISTRICT JUDGE

AO72A (Rev. 8/82)