Meyer v. Butcher Company, Inc. et al

Filing 48

ORDER, GRANTING 47 MOTION for Settlement Joint Motion for Court Approval of Good Faith Settlement as to Third-Party Defendant Protestant Memorial Medical Center, Inc. filed by Protestant Memorial Medical Center d/b/a Belleville Memorial Hosp ital ; Third-Party Defendant Protestant Memorial Medical Center is DISMISSED as a party to this action, thereby rendering MOOT 39 MOTION to Dismiss for Failure to State a Claim and/or Alternative Motion to Strike filed by Protestant Memorial Medical Center. Signed by Judge Michael J. Reagan on 5/11/2012. (mmr )

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
DENNIS MEYER,
Plaintiff,
vs.
INDUSTRIAL SOAP COMPANY,
Defendant,
INDUSTRIAL SOAP COMPANY,
Defendant/Third Party Plaintiff,
vs.
PROTESTANT MEMORIAL MEDICAL
CENTER, INC., d/b/a BELLEVILLE
MEMORIAL HOSPITAL,
Third Party Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

No. 3:11-CV-00547-MJR-DGW

ORDER
Before the Court is the parties’ Joint Motion for Court Approval of Good Faith
Settlement as to Third-Party Defendant Protestant Memorial Medical Center, Inc. (Doc. 47). All
parties agree to the entry of a good faith finding of settlement.
IT IS HEREBY ORDERED that the Motion (Doc. 47) is GRANTED.
This Court expressly FINDS that the settlement agreement with the Third-Party Defendant,
Protestant Memorial Medical Center, Inc., d/b/a Memorial Hospital, having been accepted and
entered into by all of the parties to this action, was negotiated at arms length and is made in
"good faith," within the meaning of the Illinois Contribution Act and Illinois law, and that
Memorial Hospital is hereby discharged from all liability for contribution or noncontractual
indemnity to any other tortfeasor including, but not limited to, The Butcher Company, Industrial
1

Soap, Inc., their heirs, agents, assigns and insurers, and any other third-party which may
hereinafter be joined in this action, for injuries and damages allegedly arising out of the
occurrence alleged in the Complaint.
The Parties having advised the Court that all parties stipulate and agree to the
dismissal of this action as against Memorial Hospital with prejudice, it is hereby ordered that the
Third-Party Complaint and all causes of action against Memorial Hospital are hereby dismissed
with prejudice, and that further all claims for contribution and noncontractual indemnity against
Memorial Hospital are dismissed with prejudice, the parties to bear their respective costs.
The dismissal of Protestant Memorial Hospital renders its motion to dismiss (Doc.
39) MOOT.
IT IS SO ORDERED.
DATED: May 11, 2012
s/ Michael J. Reagan
MICHAEL J. REAGAN
UNITED STATES DISTRICT JUDGE

{M0041401.1}

-2-