Opinion
Case No. 98 C 0773
December 5, 2001
William W. Leathem, Jacobs, Burns, Orlove, Stanton Hernandez, Chicago, IL., for Plaintiff.
James E. Mahoney, Griffith Jacobson LLC., and James P. Nally, James P. Nally, PC., Chicago, IL., for Defendant.
STIPULATED ORDER OF DISMISSAL OF PLAINTIFF'S CLAIMS
WHEREAS, the parties to this action have reached a settlement agreement that is incorporated by reference into this Stipulated Order, and
NOW THEREFORE it is ORDERED:
1. That Plaintiff's lawsuit against the Defendants is dismissed with prejudice.
2. That the parties each agree to bear their own attorneys fees, costs, and expenses incurred in connection with the above-captioned lawsuit, including the appeals therefrom to the United States Court of Appeals for the Seventh Circuit, and any mandates issued in the appeals, excluding Defendant Hills Funeral Home Ltd. ("Hills Ltd.") indemnification claim against the Defendant George Pepper (deceased), substituted by Vivian Peppas as the personal representative of George Peppas (a/k/a George Pepper)("Estate").
3. That Hills Ltd.'s a cross-claim against the Estate is not dismissed.
4. That the original Irrevocable Standby Letter of Credit No. GP-1054 ("Letter of Credit"), issued by the Family Bank and Trust Co. of Palos Hills and deposited by Defendant George Pepper (deceased) with the Clerk of Court on March 27, 2001 may be released by the Clerk to counsel for the Estate and may be cancelled at any time.
5. Family Bank and Trust Co. of Palos Hills may cancel the Letter of Credit at any time.
6. That this Court retains jurisdiction to enforce this Order, the parties' settlement agreement, and to adjudicate Hills Ltd.'s cross-claim against the Estate.