Clark v. Song Health & Rehab of Columbia, LLC et al

Filing 78

ORDER granting 77 Motion to Set Aside Judgment. The Court's previous Order 76 is set aside. Signed by District Judge Keith Starrett on 8/25/2017 (dtj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION VICTOR E. CLARK, JR. v. PLAINTIFF CIVIL ACTION NO. 2:16-CV-121-KS-MTP SONG HEALTH & REHAB OF COLUMBIA, LLC D/B/A SONG HEALTH & REHAB OF COLUMBIA; COVENANT DOVE, LLC; and COVENANT DOVE HOLDING COMPANY, LLC DEFENDANTS ORDER This matter is before the Court on the Motion to Set Aside Judgment [77] filed by Plaintiff Victor E. Clark, Jr. (“Plaintiff”). Parties reached a settlement prior to the Court entering its Order [76] granting Defendants’ Motion for Partial Summary Judgment. As such, Plaintiff is entitled to relief from judgment under Federal Rule of Civil Procedure 60(b)(1). See Davis v. Magnolia Lady, Inc., 178 F.R.D. 473, 474 (N.D. Miss. 1998) (“If the parties' settlement agreement preceded the entry of judgment by the clerk of this court, then the plaintiff is entitled to relief pursuant to Fed.R.Civ.P. 60(b)(1), which permits this court to grant relief from judgment on the grounds of mistake.”). Therefore, the Motion to Set Aside Judgment [77] is hereby granted, and the Court’s previous Order [76] is set aside. SO ORDERED AND ADJUDGED on this the __25th___ day of August, 2017. __s/Keith Starrett__________________ KEITH STARRETT UNITED STATES DISTRICT JUDGE

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