Berry v. Ship Owner Investment CO. NO. 1 et al

Filing 40

ORDER re 39 Notice of Settlement directing the Clerk of Court to Administratively Close this action. (Dismissal Judgment or Joint Stipulation of Dismissal due by 8/22/2024.) Signed by Chief District Judge R. Stan Baker on 7/8/2024. (gmh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION VICTOR BERRY, Plaintiff, CIVIL ACTION NO.: 4:22-cv-192 v. SHIP OWNER INVESTMENT CO. NO. 1; HMM OCEAN SERVICE CO. LTD.; and HMM CO. LTD, Defendants. ORDER On June 24, 2024, counsel for Plaintiff and counsel for Defendants advised the Court that the parties have reached a settlement of this matter and that they intend to dismiss the case once the settlement documentation is finalized. (Doc. 39.) Accordingly, the Court DIRECTS the Clerk of Court to ADMINISTRATIVELY CLOSE this action. See Heape v. Flanagan, No. 6:07-CV12, 2008 WL 2439736 (S.D. Ga. June 9, 2008). Within forty-five (45) days of the date this Order is entered, the parties—if they wish— may present a dismissal judgment, pursuant to Federal Rule of Civil Procedure 41(a)(2), incorporating the terms of their settlement, so the Court may retain jurisdiction to enforce the agreement. In the alternative, the parties may simply file a joint stipulation of dismissal. If the parties fail to file a dismissal (or, if necessary, move to reopen the case) within forty-five (45) days, the Court will sua sponte dismiss the case with prejudice. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381–82 (1994). SO ORDERED, this 8th day of July, 2024. R. STAN BAKER, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA 2

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