Case No. 399-02649 Jointly Administered Adv. Proc. No. 301-0591AUnited States Bankruptcy Court, M.D. Tennessee, Nashville Division.
May 2, 2003
Wally W. Dietz, Esq., Paul G. Jennings, Esq., Beth A. Dunnings, Bass, Berry Sims PLC, Nashville, TN., Attorneys for Debtors and Debtors in Possession
Paul E. Bonanno, Esq., Boston, MA., Attorneys for the Defendant
AGREED ORDER OF SETTLEMENT AND DISMISSAL
GEORGE C. PAINE, II, United States Bankruptcy Judge
Upon the agreement of the parties that this adversary proceeding has been resolved and should be dismissed, the Court FINDS, ADJUDGES AND DECREES:
A. Prior to March 14, 2001, the Plaintiffs, Service Merchandise Company, Inc. (“Service Merchandise”) and 31 of its affiliates (the “Affiliate Debtors”; collectively, with Service Merchandise, the “Plaintiffs”), initiated the above-captioned adversary proceeding by filing their Complaint for Damages and Related Relief (the “Complaint”) against the defendant, Jimco Lamp Manufacturing Company (the “Defendant”).
B. The Debtors and the Defendant have reached a settlement and agreed resdution (the “Settlement”) of the subject matter of the Complaint and any and all factual and legal issues raised therein.
C. Pursuant to the Settlement, the Defendant has paid the Debtors the principal amount of $2,500.00.
D. In consideration of the Defendant’s payment of the principal amount of $2,500.00, the Debtors have agreed to dismiss the Complaint with prejudice, each party to bear its own costs.
NOW, THEREFORE, IT IS HEREBY ORDERED:
1. The Complaint shall be and hereby is dismissed, with prejudice, each party bearing its own costs.
2. The Court shall retain jurisdiction to hear any matters or disputes arising from or relating to the Agreed Order of Dismissal.
3. The Court shall retain jurisdiction to hear any matters or disputes arising from or relating to the Agreed Order of Dismissal.