Ally Financial, Inc. v. M. B. Thomas RV Sales, Inc.

Filing 25

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that this case is reopened for the limited purpose of permitting the parties to continue their settlement efforts. IT IS FURTHER ORDERED that the parties shall either file a stipulation of dismissal or a motion in compliance with this Memorandum and Order no later than June 9, 2017, or this case will be closed without further notice or warning by the Court. Signed by District Judge Catherine D. Perry on 5/30/2017. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ALLY FINANCIAL INC.,
Plaintiff,
vs.
M.B. THOMAS RV SALES, INC.,
Defendant.

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Case No. 4:16 CV 1080 CDP

MEMORANDUM AND ORDER
This matter is before me to reopen this case so that the parties can
“continue their efforts to carry out the settlement terms.” I dismissed this case on
March 29, 2017, under Fed. R. Civ. P. 41 because the parties failed to comply with
my Order setting a deadline for them to file their dismissal papers (or request an
extension to do so) after advising me in January that the case was settled. [23].
However, in the interests of justice, I will grant the joint request to reopen the case
for the very limited purpose of finalizing the settlement. No later than June 9,
2017, the parties will file either a joint stipulation for dismissal or a motion to
enforce the settlement as appropriate. If a motion to enforce settlement is filed, the
motion shall be accompanied by a joint statement setting out the good faith efforts
the parties have made to finalize the settlement, as well as proposed deadlines for a
limited briefing and/or hearing schedule if one is requested. If the parties ignore

this Order as they ignored my previous one, the case will be closed without further
notice or warning by the Court.
Accordingly,
IT IS HEREBY ORDERED that this case is reopened for the limited
purpose of permitting the parties to continue their settlement efforts.
IT IS FURTHER ORDERED that the parties shall either file a
stipulation of dismissal or a motion in compliance with this Memorandum and
Order no later than June 9, 2017, or this case will be closed without further
notice or warning by the Court.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 30th day of May, 2017.

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