Owen G. Odell as owner of the vessel, Mirage, Arkansas Regis. No. AR391DFY, Hull ID No. CDRV0126D989 for exoneration from and/or limitation of liability

Filing 52

AGREED ORDER OF DISMISSAL by Judge Frank H. Seay, dismissing/terminating case (terminates case) (trl, Chambers)

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE EASTERN DISTRICT OF OKLAHOMA IN THE MATTER OF THE COMPLAINT OF (1) OWEN G. ODELL AS OWNER OF THE VESSEL, MIRAGE, ARKANSAS REGISTRATION NUMBER AR391DFY, HULL IDENTIFICATION NUMBER CDRV0126D989 FOR EXONERATION FROM AND/OR LIMITATION OF LIABILITY, Petitioner ) ) ) ) ) ) ) Case No. 6:09-CV-00233-FHS AGREED ORDER OF DISMISSAL This matter came before the Court on the agreement of the parties for the dismissal of the above-captioned lawsuit, as evidenced by the signatures of their counsel below. The Court having reviewed the agreement of the parties and being fully advised in the premises hereby FINDS AND ORDERS: 1. The stipulation for value and costs and letter of undertaking and bonds posted herein and approved by the Court on June 19, 2009, should be cancelled and the principals and sureties released from any further liability on the same. 2. The lawsuit should be dismissed with prejudice. Each party shall bear his, or its own costs, attorneys' fees and expenses. Because the stipulation of dismissal resolves the remaining claims pending in this lawsuit, this order is a final order. 3. All claims pending in the above-referenced case have been resolved and the case shall be administratively closed by the Clerk of the Court. IT IS SO ORDERED as of this 16th day of February, 2010. In re: the Complaint of Odell, et al. U.S. District Court for the Eastern District of Oklahoma #855600-v1 Case No. 6:09-CV-00233-FHS Agreed Order of Dismissal APPROVED AS TO FORM AND CONTENT: /s/ Johnathan D. Horton Gordon S. Rather, Jr., Arkansas Bar No. 68054 Bettina E. Brownstein, Arkansas Bar No. 85019 Johnathan D. Horton, OBA No. 19126 WRIGHT, LINDSEY & JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501) 376-9442 E-Mail: grather@wlj.com E-Mail: bbrownstein@wlj.com E-Mail: jhorton@wlj.com -andGregory D. Nellis OBA No. 6609 ATKINSON, HASKINS, NELLIS, BRITTINGHAM, GLADD & CARWILE 1500 ParkCentre 525 South Main Street Tulsa, OK 74103-4524 (918) 582-8877 FAX: (918) 585-8096 E-mail: gnellis@ahn-law.com Attorneys for Petitioner, Owen G. Odell 2 In re: the Complaint of Odell, et al. U.S. District Court for the Eastern District of Oklahoma Case No. 6:09-CV-00233-FHS Agreed Order of Dismissal APPROVED AS TO FORM AND CONTENT: /s/ Thomas G. Ferguson, Jr. Thomas G. Ferguson , Jr. OBA No. 2878 WALKER FERGUSON & FERGUSON 941 E Britton Rd. Oklahoma City , OK 73116 (405) 843-8855 FAX: (405) 843-8934 Email: tferg@okc.coxatwork.com Attorneys for Ralph D. Hodges and State Farm Fire and Casualty Company as Subrogee of Ralph D. Hodges (Signed by Petitioner's Attorney with permission of Claimant's Attorney) #855600-v1 In re: the Complaint of Odell, et al. U.S. District Court for the Eastern District of Oklahoma Case No. 6:09-CV-00233-FHS Agreed Order of Dismissal /s/ Michael W. Brewer Michael W. Brewer OBA No. 11769 HILTGEN & BREWER P.C. 9400 N. Broadway Ext. One Benham Place, Suite 800 Oklahoma City, OK 73114-7401 (405) 605-9000 FAX: (405) 605-9010 E-mail: mwbrewer@hiltgenbrewer.com Attorneys for Harold E. Welch a/k/a Barney Welch (Signed by Petitioner's Attorney with permission of Claimant's Attorney) #855600-v1 In re: the Complaint of Odell, et al. U.S. District Court for the Eastern District of Oklahoma Case No. 6:09-CV-00233-FHS Agreed Order of Dismissal /s/ Michael J. Buchanan Michael J. Buchanan OBA No. 21070 RAY LEGO & ASSOCIATES 6060 S. Willow Dr., Suite 100 Greenwood Village, CO 80111 (720) 963-7008 FAX: (720) 963-7097 E-mail: mbuchana@travelers.com -andBob L. Latham , Jr. OBA No. 15799 Brian L. Carter OBA No. 20647 LATHAM WAGNER STEELE & LEHMAN 1800 S. Baltimore Spirit Tower, Suite 500 Tulsa, OK 74119 (918) 382-7523 FAX: (918) 382-7541 E-mail: blatham@lswsl.com E-mail: bcarter@lswsl.com Attorneys for The Standard Fire Insurance Company (Signed by Petitioner's Attorney with permission of Claimant's Attorney) 5

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