Opinion
Case No. 2:12-cv-109 Case No. 2:12-cv-1140
01-25-2013
Ian Counts, et al. Plaintiffs v. Charles E. Mohn, et al. Defendants Tracy Barringer, et al. Plaintiffs v. Charles E. Mohn, et al. Defendants
HENDERSON, COVINGTON, MESSENGER, NEWMAN & THOMAS CO., L.P.A. Richard J. Thomas Attorneys for Defendants STEELE SCHNEIDER Marcus B. Schneider Attorneys for Plaintiffs
Chief Judge Gary L. Lancaster
Magistrate Judge Cynthia Reed Eddy
AGREED ORDER OF COURT
This matter came on to be considered on the Amended Comprint filed by Plaintiffs Ian Counts, Daniel Decker and Kristie Anderson (collectively the "Counts Plaintiffs") on June 28, 2012 in Case No. 12-cv-109, and the Complaint of Plaintiffs Tracy Barringer, Jason Knapp, Billy Jo Kozar and Shelly White (collectively the "Barringer Plaintiffs") on August 9, 2012 in Case No. 12-cv-l 140. On November 11, 2012 the Counts Plaintiffs and Barringer Plaintiffs (collectively "Plaintiffs"), as well as Defendants Charles E. Mohn and CMS Security, LLC (collectively "Defendants") filed a Joint Motion to Consolidate Actions Pursuant to Rule 42(a), which was granted on November 30, 2012.
The parties entered into Mediation, with the jointly selected mediator, Norman E. Gilkey, Esq., on December 19, 2012 and the Court has been notified that a settlement has been reached, the terms of which shall remain confidential, by agreement of the parties, and which are enumerated in a separate Settlement Agreement and Release.
In furtherance of the agreed confidentially of the settlement terms, the following Confidentiality Pledge shall apply:
Each undersigned Plaintiff, and his or her respective spouse, if applicable, pledges, as of December 19, 2012, that he or she has not discussed, and will not in the future discuss, the existence of the settlement or any of its terms with anyone other than other Plaintiffs, his or her counsel, tax advisors or other professionals, or, if he or she so chooses, his or her spouse. Should a Plaintiff choose to disclose the terms of the settlement to his or her spouse, this Confidentiality Pledge must be signed by said spouse, shall be equally binding upon said spouse and shall be retroactive to December 19, 2012. In the event that a third party inquires as to the terms of the settlement, each Plaintiff, and, if applicable, his or her spouse, shall respond by stating, "I am not permitted to discuss the terms of the matter," or shall respond substantially in the same fashion.A violation of the above Confidentiality Pledge shall be considered a violation of an essential term of the parties' Settlement Agreement and this Agreed Order of Court, and shall be subject to sanctions for contempt.
IT IS, THEREFORE, ORDERED, in furtherance of the parties' Settlement Agreement, that Norman E. Gilkey, Esq. is to release the settlement funds currently held in escrow to Plaintiffs' counsel.
IT IS FURTHER ORDERED that this case, and any and all cases consolidated herein, shall be dismissed, with prejudice.
______________________
Chief Judge Gary L. Lancaster
Approved by: HENDERSON, COVINGTON,
MESSENGER, NEWMAN &
THOMAS CO., L.P.A.
______________________
Richard J. Thomas
Attorneys for Defendants
STEELE SCHNEIDER ______________________
Marcus B. Schneider
Attorneys for Plaintiffs
Asto the Confidentiality Pledge: IAN COUNTS ______________________ DANIEL DECKER ______________________ KRISTDE ANDERSON ______________________ TRACY BARRINGER ______________________ JASON KNAPP ______________________ BILLY JO KOZAR ______________________ SHELLY WHITE ______________________