McCormick v. Behnke and Associates,Inc. et al
Final Order of Dismissal. Signed by Judge William J. Zloch on 12/8/2008. (bc)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-60956-CIV-ZLOCH KEVIN MCCORMICK, JR., Plaintiff, vs. BEHNKE AND ASSOCIATES, INC., and FRED BEHNKE, Defendants. / THIS MATTER is before the Court upon the Joint Motion To Vacate (DE 33) filed herein by all Parties and the Stipulation of Dismissal With Prejudice (DE 32) filed herein by all Parties. The FINAL ORDER OF DISMISSAL
Court has carefully reviewed said Motion, Stipulation and the entire court file and is otherwise fully advised in the premises. By the instant Joint Motion To Vacate (DE 33), both Plaintiff and Defendants indicate that they are in agreement in asking the Court to set aside the Default Final Judgment (DE 10) previously entered herein. They jointly stipulate that the case is to be
dismissed with prejudice. The Court has scrutinized the terms of the Parties settlement as recounted in the Joint Statement Regarding This Case's
Settlement (DE 37) for fairness, and finds that they are in accord with the requirements set out in Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982). Accordingly, after due consideration, it is ORDERED AND ADJUDGED as follows: 1. The Joint Motion To Vacate (DE 33) filed herein by all
Parties be and the same is hereby GRANTED; 2. The Default Final Judgment (DE 10) previously entered herein be and the same is hereby VACATED, set aside and of no further force or effect; 3. The Court's prior Order (DE 26) awarding attorney's fees be and the same is hereby VACATED, set aside and of no further force or effect; 4. The Stipulation of Dismissal With Prejudice (DE 32) filed herein by all Parties be and the same is hereby approved, adopted and ratified by the Court; 5. The above-styled cause be and the same is hereby DISMISSED with prejudice; and 6. To the extent not otherwise disposed of herein, all pending motions are DENIED as moot. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida this 8th day of December, 2008.
WILLIAM J. ZLOCH United States District Judge Copies furnished: All Counsel of Record
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