Opinion
No. 09-CV-00197 WDS/DJS.
June 1, 2010
ROSENFELT BUFFINGTON, P.A., Daniel M. Rosenfelt, Carlisle, NE, Albuquerque, NM, and B. R. Kaster, Skip E. Lynch, KASTER LYNCH, P.A., Ocala, FL, ATTORNEYS FOR PLAINTIFFS.
MODRALL, SPERLING, ROEHL, HARRIS SISK, P.A., Donald A. DeCandia, Brian K. Nichols, Albuquerque, NM, and Steven D. Jansma, Troy Vancil, Fulbright Jaworski, LLP, San Antonio, TX, ATTORNEYS FOR DEFENDANTS COOPER AND PEP BOYS.
ORDER OF DISMISSAL WITH PREJUDICE
THIS MATTER having come before the Court on the Joint Motion for Dismissal With Prejudice ("Motion"), the Court, having reviewed the Motion and being otherwise fully advised in the premises,
FINDS as follows:
1. The Parties have resolved their dispute;
2. Upon consent of the Parties, the Magistrate Judge appointed Guardians Ad Litem for the claims of the minor children and conducted a fairness hearing in connection with the settlement of the minors' claims;
3. An Order Approving the Settlement of the minors' claims was entered on May 12, 2010 (Doc. 86);
4. The Order Approving the Settlement of the minors' claims is appropriate and is adopted by this Court;
5. The Motion is otherwise well-taken and should be granted.
NOW, THEREFORE, IT ORDERED, ADJUDGED AND DECREED that this case and all claims asserted by each of the parties in this case be, and hereby is, dismissed with prejudice, with Plaintiffs and Defendants to bear their own costs and fees.