Concerned Tow Operators of Kansas City, Missouri et al v. City of Kansas City Missouri et al

Filing 51

ORDER AND JUDGMENT ON STIPULATION. Signed on 2/21/14 by District Judge Ortrie D. Smith. (Matthes, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
CONCERNED TOW OPERATORS
OF KANSAS CITY, et al.,
Plaintiffs,
vs.
CITY OF KANSAS CITY, MISSOURI,
et al.,
Defendants.

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Case No. 12-1328-CV-W-ODS

ORDER AND JUDGMENT ON STIPULATION
Pursuant to the Parties’ Stipulation of Judgment (Doc. # 50), which is
incorporated herein by reference, the Court enters judgment as follows:
Plaintiffs and Defendants concede that this Court has subject matter jurisdiction
of this action and that, by agreeing to the Stipulation of Judgment, they voluntarily
consent to this Court exercising jurisdiction over their persons and all issues and claims
raised in the litigation.
Plaintiffs and Defendants agree that all claims raised in all counts of the
Complaint are dismissed with prejudice.
Each party shall be responsible for their respective attorney’s fees and
discretionary costs.
Plaintiffs and Defendants agree that the Stipulation of Judgment is intended to
and will extinguish all claims raised in all counts of the Complaint and is a final
determination on the merits against Plaintiffs and for Defendants of all claims or issues
raised in all counts of the Complaint or in the Defendants’ Motion for Summary
Judgment.
Plaintiffs and Defendants further agree that all actual or potential claims of any
Plaintiffs against any Defendants, whether raised in a paper filed with the Court or not,
and regardless of whether known or unknown by any Plaintiffs, are merged into the
judgment stipulated hereto and extinguished by that judgment.

Plaintiffs and Defendants further agree the Stipulation of Dismissal shall have full
preclusive effect, including under res judicata and collateral estoppel principles, as if all
claims or issues raised in all counts of the Complaint or in the Defendants’ Motion for
Summary Judgment were finally determined on the merits by a judgment entered on
trial findings for Defendants and against Plaintiffs on all claims or issues raised in all
counts of the Complaint or in the Defendants’ Motion for Summary Judgment.
IT IS SO ORDERED.

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT

DATE: February 21, 2014

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