Hart et al v. Safeco Insurance Co et al

Filing 84

ORDER IT IS ORDERED that the Court's order of February 14,2017 (Dkt. No. 62 ) is VACATED and this action is hereby DISMISSED WITHOUT PREJUDICE. ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated.AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/11/2017. (sshe, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA RECEIVro CLERK'S OFFICE CHARLESTON DIVISION ZOIl HAY I liP 12: 31 Juanita Hart and Devon Hart Barron, ) Civil Action No. 2: 16-2777-RMG ) Plaintiffs, ) ) ) ~ ORDER ) Safeco Insurance Co., a subsidiary of Liberty Mutual Insurance Company doing business as First National Insurance Company ofAmerica, and Liberty Mutual Insurance Company, ) ) ) ) ) ) Defendants. ) The court having been advised by counsel for the parties that the above action has been settled, IT IS ORDERED thatthe Court's order of February 14,2017 (Dkt. No. 62) is VACATED and this action is hereby DISMISSED WITHOUT PREJUDICE. If settlement is not consummated within sixty days, either party may petition the Court to reopen this action and restore it to the calendar. Fed. R. Civ. P. 60(b). In the alternative, to the extent permitted by law, either party may within sixty days petition the Court to enforce the settlement, and the Court specifically retains jurisdiction to enforce the settlement. Fairfax Countywide Citizens v. Fairfax County, 571 F.2d 1299 (4th Cir. 1978). The dismissal hereunder shall be with prejudice if no action is taken under either alternative within sixty days from the filing date ofthis order. AND IT IS SO ORDERED. Richard Mark Gergel United States District Court Judge May Ji., 2017 Charleston, South Carolina -1­

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