Cole v. Kroger Co.,et al

Filing 181

CLERK'S JUDGMENT (NJR/krm) in favor of Kroger Co. against BP Carbondale, LLC in the amount of $5,000 as to Count I of the amended third party complaint and in favor of Bromont Development Group, LLC, Bromont Developments, LLC, Bromont Investments, Inc. against Kroger Co. Count II of Kroger Co's amended third party complaint is Dismissed as moot. See Judgment for further specifics. Approved by Magistrate Judge Philip M. Frazier on 5/24/11(bkl)

UNITED STATES DISTRICT COURT
for the
Southern District of Illinois

DORIS COLE,
Plaintiff(s)
v.

THE KROGER CO., et. al.,
Defendant(s)

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)
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Case Number: 3:08-cv-217-PMF

JUDGMENT IN A CIVIL ACTION
The Court has ordered that:

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Plaintiff, recover from the Defendant, the amount of $, which includes prejudgment
interest at the rate of %, plus postjudgment interest at the rate of%, along with costs.

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Plaintiff recover nothing, the action be dismissed on the merits, and the Defendant
recover costs from the Plaintiff.

:

other: Kroger Co.'s Motion for Voluntary Dismissal Without Prejudice is granted
and Third-Party Defendant Phillip M. Kimmel Trust is dismissed;
Plaintiff Doris Cole’s claim against defendants Kroger Co. and Bromont Property
management, LLC has been settled and the claim is dismissed with prejudice;
Judgment is entered in favor of Kroger Co. on Count I of its amended third party
complaint for indemnification against BP Carbondale in the amount of $5,000;
Judgment is entered in favor of third party defendants Bromont Developments,
LLC, Bromont Development Group, LLC, and Bromont Investments, Inc., on Count
I of Kroger Co.’s amended third party complaint for indemnification and against
Kroger Co.; and

Count II of Kroger Co.’s amended third party complaint for contribution is
dismissed as moot.
This action was:

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tried by a jury with Judge presiding, and the jury has rendered a verdict.

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tried by Judge without a jury, and the above decision was reached.

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decided by Judge Philip M. Frazier on a motion for summary judgment.

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other: Plaintiff Doris Cole’s claim against defendants The Kroger Co. and Bromont
Property was settled.

Dated: May 24, 2011.
NANCY J. ROSENSTENGEL, Clerk
s/ Karen R. Metheney
Deputy Clerk
APPROVED:
s/ Philip M. Frazier
HON. PHILIP M. FRAZIER
UNITED STATES MAGISTRATE JUDGE

AO 450 (Rev. 01/09) Judgment in a Civil Action
MODIFIED SDIL (3/2011)