Southeast X-Ray, Inc. et al v. Spears et al, No. 2:2013cv02026 - Document 37 (W.D. Ark. 2013)

Court Description: MEMORANDUM OPINION AND ORDER, as set forth. Further, Plaintiff Southeast X-Ray, Inc, is dismissed as a party from this lawsuit. Signed by Honorable P. K. Holmes, III on November 8, 2013. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION SOUTHEAST X-RAY, INC.; and REAL RADIOLOGY, LLC v. PLAINTIFFS Case No. 2:13-CV-02026 MICHAEL SPEARS; KENNETH DEAN VAUGHAN; and RAPID RADIOLOGY, INC. DEFENDANTS MEMORANDUM OPINION AND ORDER Now pending before the Court is a stipulation of dismissal with prejudice (Doc. 36) filed by Plaintiff Southeast X-Ray, Inc. and Defendants Michael Spears, Kenneth Dean Vaughan, and Rapid Radiology, Inc. These parties stipulate that they have reached a settlement of their claims and counterclaims made against one another in the instant matter, and they wish to have these claims and counterclaims dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). The parties advise that all claims and counterclaims pending between Plaintiff Real Radiology, LLC and Defendants Michael Spears, Kenneth Dean Vaughan, and Rapid Radiology, Inc. are not dismissed and are expressly preserved. Therefore, IT IS HEREBY ORDERED that all claims and counterclaims asserted in this matter between Plaintiff Southeast X-Ray, Inc. and Defendants Michael Spears, Kenneth Dean Vaughan, and Rapid Radiology, Inc. are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Plaintiff Southeast X-Ray, Inc. is DISMISSED as a party from this lawsuit. -1- IT IS FURTHER ORDERED that all claims and counterclaims asserted in this matter between Plaintiff Real Radiology, LLC and Defendants Michael Spears, Kenneth Dean Vaughan, and Rapid Radiology, Inc. are not dismissed and are expressly preserved. IT IS FURTHER ORDERED that the motion to compel (Doc. 33) filed by Defendant Rapid Radiology, Inc. against Plaintiff Southeast X-Ray, Inc. is DENIED AS MOOT. IT IS SO ORDERED this 8th day of November, 2013. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE -2-

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