Free Motion for Order - District Court of Colorado - Colorado

Case 1:00-cv-01841-LTB-KLM

Document 169

Filed 03/16/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-01841-LTB-PAC RICKY EUGENE CLARK, on behalf of himself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Defendant. ______________________________________________________________________________ STIPULATED MOTION FOR ENTRY OF ORDER REGARDING PAYMENT OF JUDGMENT TO CLARK

Plaintiff Ricky Eugene Clark and Defendant State Farm Mutual Automobile Insurance Company jointly move the Court for entry of an Order regarding payment of the December 26, 2003 judgment to Clark, and submit a proposed form of that Order herewith. In support of this Motion, the parties state as follows: 1. State Farm hereby withdraws its Expedited Motion to Deposit Funds with Court

and to Release Supersedeas Bond, filed on February 13, 2006. In light of the stipulations of the parties contained herein, that Motion is moot. 2. The parties have agreed that State Farm will deliver a check, in the amount of

$136,072.54, to Clark's undersigned counsel on or before March 24, 2006. The check will be made payable to "Ricky Eugene Clark and The Carey Law Firm." 3. The parties have agreed that counsel for Clark will, upon receipt of the payment

described in paragraph 2, provide counsel for State Farm with a receipt acknowledging said

Case 1:00-cv-01841-LTB-KLM

Document 169

Filed 03/16/2006

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payment. Counsel for State Farm will then notify the Court that such payment has been made and received. 4. The parties agree that, after the payment described in paragraph 2 of this

Stipulation has been made, State Farm will have satisfied in full its obligation to pay the December 26, 2003 judgment to Mr. Clark. 5. After the Court receives the notice described in paragraph 3 of this Stipulation,

the parties agree that the Supersedeas Bond issued on or about February 6, 2004 will no longer be required. 6. After the Court receives the notice described in paragraph 3 of this Stipulation,

the parties jointly request that the Court fully and unconditionally discharge, release, and exonerate the Supersedeas Bond, and that State Farm Fire and Casualty Company be released from any and all past, present, and future liability in connection with issuance of the Supersedeas Bond. 7. After the Court receives the notice described in paragraph 3 of this Stipulation,

the parties jointly request that the Clerk of the Court release and deliver the original Supersedeas Bond to counsel for State Farm. 8. In light of these agreements that have been reached, the parties jointly request that

the Court enter the proposed Order submitted herewith, in order to make the parties' stipulations an Order of the Court.

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Case 1:00-cv-01841-LTB-KLM

Document 169

Filed 03/16/2006

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Respectfully submitted this 16th day of March, 2006.

s/ L. Dan Rector L. Dan Rector Robert B. Carey L. Dan Rector Leif Garrison The Carey Law Firm 2301 East Pikes Peak Colorado Springs, Colorado 80909 (719) 635-0377 Attorneys for Plaintiff Ricky Eugene Clark

s/ Michael S. McCarthy Michael S. McCarthy Michael S. McCarthy Mark W. Fischer Marie E. Williams Faegre & Benson LLP 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203 (303) 607-3500 Attorneys for Defendant State Farm Mutual Automobile Insurance Company

DNVR1:60337842.02

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