May v. Texas Lobo Trucking Company et al

Filing 90

ORDER by Magistrate Judge Kevin R. Sweazea granting 89 Motion to Dismiss (cbf)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MAY, LYCIA LYNN, an individual, Plaintiff, v. No. 2:17-cv-00889-KRS-SMV TEXAS LOBO TRUCKING LLC, a Texas Limited Liability Company, and JOSHUA WALLING, an individual, Defendants. STIPULATED ORDER OF DISMISSAL WITH PREJUDICE THIS MATTER having come before the Court on the Joint Motion for Dismissal with Prejudice by Plaintiff Lycia Lynn May and Defendants Texas Lobo Trucking LLC and Joshua Walling (collectively “the Parties”), and the Court having considered the Joint Motion and being otherwise advised in the premises hereby FINDS: The Parties have entered into a settlement of all issues of law and fact in this case, agreed that all claims that were asserted herein or which could have been asserted arising out of the motor vehicle accident that is the subject of Plaintiff’s First Amended Complaint for Personal Injuries, by and between the parties are to be dismissed with prejudice, agreed to bear their own costs and attorneys’ fees, and requested that this Court issue an order of dismissal with prejudice dismissing Plaintiff’s First Amended Complaint for Personal Injuries. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that: I. Plaintiff’s First Amended Complaint for Personal Injuries is dismissed with prejudice. 1 II. All claims that have been asserted or that could have been asserted arising out of the motor vehicle accident that is the subject of Plaintiff’s First Amended Complaint for Personal Injuries are dismissed with prejudice. III. The parties are to bear their own costs and attorneys’ fees. ____________________________________ KEVIN R. SWEAZEA United States Magistrate Judge Submitted by: RILEY, SHANE & KELLER, P.A. /s/ David A. Gonzales Courtenay L. Keller David A. Gonzales 3880 Osuna Road NE Albuquerque, NM 87109 (505) 883-5030 ckeller@rsk-law.com dgonzales@rsk-law.com Attorneys for Defendants Approved by: STIPE LAW FIRM /s/ Approved via email on 12/10/18 Eddie Foraker 343 East Carl Albert Pkwy P.O. Box 1369 McAlester, OK 74502 eforaker@stipelaw.com and Gordon H. Rowe III 1200 Pennsylvania NE Albuquerque, NM 87111 growe@rowelawfirmpc.com Attorneys for Plaintiff Lycia Lynn May 2

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