Thrivent Financial for Lutherans et al v. Hutchinson, No. 8:2012cv00380 - Document 27 (D. Neb. 2013)
Court Description: APPROVED STIPULATION AND CONSENT ORDER - The Court's November 6, 2012 Order granting Thrivent's Application for Temporary Restraining Order and Preliminary Injunction (Doc.# 23 ), as amended by the November 15, 2012 Approved Stipulation and Consent Order (Doc. # 25 ) ("Injunction") shall become a permanent injunction and the final judgment of this Court. The Injunction shall remain in full force and effect, and the parties shall remain bound its terms, through November 15, 2013, notwithstanding any existing date limitations contained in the Injunction as currently written. This Injunction shall expire, without further action of the parties or the Court, at 11:59 p.m. on November 15, 2013. The Court shall retain jurisdiction to enforce the Injunction. The Court shall enter judgment in accordance with this Stipulation. Ordered by Chief Judge Laurie Smith Camp. (AOA)
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Thrivent Financial for Lutherans et al v. Hutchinson Doc. 27 8:12-cv-00380-LSC-FG3 Doc # 26 Filed: 02/27/13 Page 1 of 3 - Page ID # 264 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA THRIVENT FINANCIAL FOR LUTHERANS and THRIVENT INVESTMENT MANAGEMENT, INC., Plaintiffs, Case No. 8: 12CV380 APPROVED STIPULATION AND CONSENT ORDER vs. MICHAEL C. HUTCHINSON, Defendant. The parties, Thrivent Financial for Lutherans and Thrivent Investment Management, Inc. (collectively, "Thrivent"), and Michael C. Hutchinson, hereby jointly submit this Stipulation and Consent Order for the Court's approval. WHEREAS, on November 6, 2012, this Court issued an Order granting Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction in part ("Order") (Doc. #23). WHEREAS, on November 15, 2012, this Court approved and entered a Stipulation and Consent Order submitted by the parties, which made certain amendments to the November 6 Order and provided that the Order would remain in effect "at least pending either (a) further order by this Court; or (b) the resolution of the matter at the final evidentiary FINRA hearing on Thrivent's request for, among other things, permanent injunctive relief." (Doc. # 25). WHEREAS, the parties have reached a settlement of their dispute, pursuant to which they wish to extend the term of the Order, as amended, through November 15, 2013, with the Court to retain jurisdiction to enforce the Order. Dockets.Justia.com 8:12-cv-00380-LSC-FG3 Doc # 26 Filed: 02/27/13 Page 2 of 3 - Page ID # 265 NOW, THEREFORE, the parties hereby stipulate, agree, and jointly move that the Court order as follows: 1. The Court's November 6, 2012 Order granting Thrivent's Application for Temporary Restraining Order and Preliminary Injunction (Doc. #23), as amended by the November 15, 2012 Approved Stipulation and Consent Order (Doc. #25) ("Injunction") shall become a permanent injunction and the final judgment of this Court. The Injunction shall remain in full force and effect, and the parties shall remain bound its terms, through November 15, 2013, notwithstanding any existing date limitations contained in the Injunction as currently written. 2. This Injunction shall expire, without further action of the parties or the Court, at 11:59 p.m. on November 15, 2013. 3. The Court shall retain jurisdiction to enforce the Injunction. 4. The Court shall enter judgment in accordance with Stipulation. Dated this 27th day of February, 2013. THRIVENT FINANCIAL FOR LUTHERANS and THRIVENT INVESTMENT MANAGEMENT, INC. By: fs/Kyle Wallar Kyle Wallar (#21346) Cathy Trent-Vilim (#22489) LAMSON, DUGAN and MURRAY, LLP 10306 Regency Parkway Drive Omaha, NE 68114 (402) 397-7300 -AND2 this 8:12-cv-00380-LSC-FG3 Doc # 26 Filed: 02/27/13 Page 3 of 3 - Page ID # 266 Edward B. Magarian (#208796) DORSEY & WHITNEY LLP Suite 1500, 50 South Sixth Street Minneapolis, MN 55402-1498 Telephone: (612) 340-2600 MICHAEL C. HUTCHINSON By: s I Tara A. Stingley Richard P. Jeffries (#20089) Tara A. Stingley (#23243) CLINE WILLIAMS WRIGHT JOHNSON & OLDFATHER, L.L.P. One Pacific Place 1125 South 103rd Street, Ste. 600 Omaha, NE 68124 (402) 397-1700 rickjeffries@clinewilliams.com tstingley@clinewilliams. com March 8 Dated: _ _ _ _ _ ,2013 SO ORDERED By: _ _ _ _ _ _ _ ___ s/Laurie Smith Camp Laurie Smith Camp Chief United States District Judge 3
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