Opinion
No. 00 Civ. 2843 (LAK).
March 24, 2005
Mitchell H. Tyner, Attorney of Record for Plaintiffs.
Chris J. Walker, Esq., Peter J. Markow, Jr., Esq., R. Niles Hooper, Esq., Attorneys for Defendant.
AGREED ORDER OF DISMISSAL WITH PREJUDICE
THIS CAUSE came on to be heard upon the ore tenus motion of the Plaintiff, Hazel Lee Jefferson, individually and as representative of the estate of Leroy Jefferson, and Benjamin L. Hammack, M.D., referred to in the Complaint as B.L. Hammack, M.D., who move this Court to dismiss with prejudice the claims against the Defendant, Benjamin L. Hammack, M.D., referred to in the Complaint as B.L. Hammack, M.D. The Court, having considered the motion, noting the agreement of counsel for Plaintiff and said Defendant, and being otherwise fully advised in the premises, finds that the motion is well taken and should be granted.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Complaint and all claims filed therein by the Plaintiff against the Defendant, Benjamin L. Hammack, M.D., referred to in the Complaint as B.L. Hammack, M.D. shall be and hereby are dismissed with prejudice.
IT IS FURTHER ORDERED AND ADJUDGED that all other claims of the Plaintiff against the other Defendants named in this civil action are hereby reserved as stated in the Complaint and will proceed accordingly.
SO ORDERED.