Smith v. United States of America, No. 2:2018cv01522 - Document 23 (D.S.C. 2019)
Court Description: ORDER AND OPINION DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Richard M Gergel on 5/20/2019. (sshe, )
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Smith v. United States of America Doc. 23 IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION Mark Smith, Plaintiff, ) ) ) Civil Action No. 2:18-1522-RMG ) v. ) ORDER AND OPINION ) ) ) ) United States of America, Defendant. ) The Court, having been advised by counsel for the parties that the above action has been settled, IT IS ORDERED that this action is hereby dismissed without prejudice. If settlement is not consummated within sixty (60) days, either party may petition the Court to reopen this action and restore it to the calendar. Fed. R. Civ. P. 60(b). In the alternative, to the extent permitted by law, either party may within sixty (60) days petition the Court to enforce the settlement, and the Court specifically retains jurisdiction to enforce the settlement. See Fairfax Countywide Citizens v. Fairfax Cnty., 571 F.2d 1299 (4th Cir. 1978). The dismissal hereunder shall be with prejudice if no action is taken under either alternative within sixty (60) days from the filing date of this order. AND IT IS SO ORDERED. /s/ Richard Mark Gergel Richard Mark Gergel United States District Court Judge May 20, 2019 Charleston, South Carolina Dockets.Justia.com
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