Evans v. Illinois Central Railroad Company, CN et al, No. 3:2008cv00463 - Document 59 (S.D. Miss. 2009)

Court Description: Agreed Order of Final Judgment and Dismissal with Prejudice. Signed by Magistrate Judge James C. Sumner on 10/13/09 (cwl)
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Evans v. Illinois Central Railroad Company, CN et al Doc. 59 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION CEDRIC EVANS, Administrator of the Estate of Anthony Evans, deceased1 V. PLAINTIFF NO. 3:08-cv-463-DPJ-JCS ILLINOIS CENTRAL RAILROAD COMPANY, CN, and John Does, unknown employees, agents or third parties DEFENDANTS AGREED ORDER OF FINAL JUDGMENT AND DISMISSAL WITH PREJUDICE THIS CAUSE came on for hearing on the joint motion ore tenus of the Plaintiff Cedric Evans, Administrator of the Estate of Anthony Evans, deceased and Defendant Illinois Central Railroad Company for an order of final judgment and dismissal with prejudice, and this Court having considered said motion and being advised that the parties have settled and consent to the entry of this order is of the opinion that Plaintiff’s action against Illinois Central Railroad Company should be and hereby is dismissed with prejudice with each party to pay their own costs, expenses and attorneys fees. The Court further finds that there is no just reason for delay and expressly directs that this Agreed Order of Final Judgment and Dismissal with Prejudice be entered. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff’s Complaint and Amended Complaints and all claims asserted or that could have been asserted against Illinois Central Railroad Company are hereby dismissed with prejudice with each party to pay their own costs, expenses and attorneys fees. There being no just reason for delay, the Court expressly 1 On or about April 1, 2009, the Court entered a Text-only Order substituting Cedric Evans (Administrator of the Estate of Anthony Evans, deceased) as plaintiff following the death of Anthony Evans and upon Plaintiff’s Motion for Substitution as Party. [Dkt. # 55]. Dockets.Justia.com directs that this Agreed Order of Final Judgment and Dismissal with Prejudice be entered. SO ORDERED this the 13TH day of October, 2009. /s/ James C. Sumner UNITED STATES MAGISTRATE JUDGE AGREED: /s/ Jonathan P. Barrett Pat M. Barrett, Jr. (MSB # 2067) Jonathan P. Barrett (MSB # 102426) Barrett Law Office PO Box 987 Lexington, MS 39095-0987 F: (662) 834-2409 pmbarrettjr@barrettlawoffice.com jpbarrett@barrettlawoffice.com Isaac K. Byrd, Jr. BYRD & ASSOCIATES PO Box 19 Jackson, MS 39205-0019 F: (601) 354-1254 Attorneys for Plaintiff /s/ Jeremy L. Birdsall George H. Ritter, Esq. (MSB # 5372) Jeremy L. Birdsall, Esq. (MSB # 100284) WISE CARTER CHILD & CARAWAY, P.A. Post Office Box 651 Jackson, MS 39205-0651 Jlb@wisecarter.com Ghr@wisecarter.com T: (601) 968-5500 F: (601) 968-5519 Attorneys for Defendant 2