Smith v. Wacker Nueson Corporation et al

Filing 83

ORDER GRANTING 82 MOTION for Good Faith Finding filed by Fontana Contracting Company. See Order for details. Signed by Chief Judge David R. Herndon on 8/29/11. (klh, )

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
MARK S. SMITH, JR.,
Plaintiff,
v.
No. 09-CV-1064-DRH-DGW
WACKER NEUSON CORPORATION
and WACKER NEUSON SE,
Defendants.
____________________________________
WACKER NEUSON CORPORATION
and WACKER NEUSON SE,
Third-Party Plaintiffs,
v.
FONTANA CONTRACTING COMPANY
and WESCON PRODUCTS COMPANY,
a subsidiary of Latshaw Enterprises, Inc.,
Third-Party Defendants.
ORDER
Now before the Court is Fontana Contracting Company’s August 8, 2011
motion for good faith finding (Doc. 80). Based on the reasons stated in the motion,
the Court grants the motion.
IT IS HEREBY ORDERED that the Settlement Agreement by and between
plaintiff Mark S. Smith, Jr. and third-party defendant Fontana Contracting Company
constitutes a good faith settlement and any and all cause of actions premised upon
contribution or negligence or otherwise against third-party defendant Fontana

Page 1 of 2

Contracting Company whether now pending including, but not limited to, the ThirdParty Complaint filed by Wacker Neuson or which may be filed in the future are
dismissed with prejudice and are extinguished.

Digitally signed by
David R. Herndon
Dated this 29th day of August, 2011.
Date: 2011.08.29
09:45:08
________________________________ -05'00'
Chief Judge
United States District Court

Page 2 of 2