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)

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