Thomas Marker Construction Co. v. Wal-Mart Stores

Full title: THOMAS MARKER CONSTRUCTION CO., Plaintiff, v. WAL-MART STORES, INC., et…

Court: United States District Court, S.D. Ohio, Western Division

Date published: Jul 31, 2009

Case No. 3:06-cv-406 (S.D. Ohio Jul. 31, 2009)

Opinion

Case No. 3:06-cv-406.

July 31, 2009

ORDER

THOMAS ROSE, District Judge

This matter came to be heard upon the joint motion of the parties pursuant to Fed.R.Civ.P. 60(b) asking this Court to vacate (1) this Court's judgment of January 15, 2009 (Doc. No. 211), and (2) its Opinion and Order, and corresponding judgment, of April 27, 2009 (Doc. Nos. 229 230). In accordance with their agreement, the parties also ask the Court to deny Plaintiff's pending motion for attorney fees and expenses (Doc. No. 241) as moot, and dismiss all claims and counterclaims with prejudice.

Considering the parties' desire to settle and circumstances of this case, and the entire record, the Court GRANTS the motion:

The Court's judgment of January 15, 2009 (Doc. No. 211), and its Opinion and Order, and corresponding judgment, of April 27, 2009 (Doc. Nos. 230 231), are hereby VACATED;

The pending motion for attorney fees and expenses (Doc. No. 241), and any other pending motions, are DENIED AS MOOT; and

All claims and counterclaims, of any party, are DISMISSED WITH PREJUDICE, without any award of costs or fees. This case is closed.

IT IS SO ORDERED.