Collins v. Fred's Stores of Tennessee, Inc.

Filing 52

ORDER DISMISSING CASE BY REASON OF SETTLEMENT. CASE CLOSED. Signed by District Judge Debra M. Brown on 12/21/15. (jtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
WALTER COLLINS

PLAINTIFF

V.

NO. 4:14-CV-00080-DMB-JMV

FRED’S STORES OF TENNESSEE, INC.

DEFENDANT

ORDER DISMISSING CASE
BY REASON OF SETTLEMENT
The Court has been advised that this action has been settled, or is in the process of being
settled. Doc. #51. Therefore, it is unnecessary that the matter remain upon the calendar of the
Court.

Accordingly, IT IS ORDERED that: (1) this action is DISMISSED WITHOUT

PREJUDICE and (2) Defendant’s motion for summary judgment [23], Defendant’s nine
motions in limine [27-35], and Plaintiff’s motion in limine [48] are DENIED AS MOOT.
The Court retains complete jurisdiction to vacate this Order and to reopen the action upon
cause shown that the settlement has not been completed and that further litigation is necessary.1
SO ORDERED, this 21st day of December, 2015.

/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE

1

The Court is advised that an unconditional settlement was reached but that the case is to remain on the docket for
the earlier of 60 days from today’s date or the receipt of a final payment letter from Medicare. Upon the occurrence
of either event, the parties should stipulate to dismissal with prejudice pursuant to Rule 41, or jointly move for
dismissal with prejudice, in order to have the case fully and finally removed from the docket.