Atlantic Casualty Insurance Company v. Manuel Suchil et al

Filing 18

ORDER Administratively closing the case. Signed by Magistrate Judge G. R. Smith on 4/28/15. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATE SBORO DIVISION
ATLANTIC CASUALTY
INSURANCE COMPANY
Plaintiff,
Case No. CV614-063

V.

MANUEL SUCHIL
doing business as
Suchil Carpentry; and
ROBERT WILLIAMS,
Defendants.

ORDER
This Court's case-management Order directed plaintiff Atlantic
Casualty Insurance Company to show why its case should not be
dismissed on Fed. R. Civ. P. 41(b), L.R. 41(b) grounds and, with respect
to defendant Manuel Suchil, on Fed. R. Civ. P. 4(m) grounds. Doc. 16.
Plaintiff shows that it timely served Suchil and that complicated
bankruptcy, lien, and mediation issues justify the extended period of
docket inactivity here.

Id. at 1-6. It also represents that "[t]he

underlying case has now been settled in principle. For these reasons,

Atlantic respectfully requests that the Court allow the instant case to
remain on its inactive docket until such time as the underlying case is
resolved." Id. at 7.
The request is granted, and this case is ADMINISTRATIVELY
CLOSED without prejudice to the right of any party with standing to
reopen it. See, e.g., In re Heritage Southwest Medical Group PA, 464 F.
App'x 285, 287 (5th Cir. 2012) ("administrative closure does not have any
effect on the rights of the parties and is simply a docket-management
device."). Should this litigation settle, any party with standing may
move to reactive this case if settlement-enforcement is sought.

See

Ko/thonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381-82 (1994);
Am. Disability Ass'n v. Chmielarz, 289 F.3d 1315, 1320 (11th Cir. 2002).
Alternatively, the parties may elect to take no further action -- they will
have settled, after all -- in which case this action will simply remain
closed.
SO ORDERED, thisday of April, 2015.

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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