Bordelon et al v. Gawlik et al

Filing 46

Order entered that this action is DISMISSED WITH PREJUDICE subject to the right of either party to reinstate the action within 30 days should the settlement not be consummated.. Signed by Judge Kristi K. DuBose on 1/11/2012. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JOHN B. BORDELON, JR., and SHARON D. BORDELON, ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. CHRISTOPH GAWLIK and DONLEN TRUST, INC., Defendants. CIVIL ACTION NO. 11-0312-KD-B ORDER This action is before the Court on the Notice of Settlement. (Doc. 45). The parties report that they have reached a settlement of all claims and request thirty (30) days to complete the settlement process and to submit a joint stipulation of dismissal. Accordingly, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure,1 it is ORDERED that the above-styled action is DISMISSED with prejudice from the active docket of this Court subject to the right of either party to reinstate the action within thirty (30) days of the date of this Order should the settlement agreement not be completed. No other order shall be forthcoming from the Court except upon application for final judgment as prescribed by Fed. R. Civ. P. 58. Each party shall bear their own costs unless otherwise agreed by the parties. DONE and ORDERED this 11th day of January, 2012. s / Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1 “Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper.” Fed. R .Civ. P. 41(a)(2).

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