Sumter County School District 17 v. Heffernan et al

Filing 77

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. Signed by Honorable Joseph F Anderson, Jr on 07/05/2011. Signed by Honorable Joseph F Anderson, Jr on 07/05/2011. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Sumter County School District 17,
Plaintiff,
vs.
Joseph A. Heffernan and May L. Baird
on behalf of their son, T.H.,
Defendants.

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C/A No.: 3:07-cv-1357-JFA

The court, having been advised by counsel for the plaintiff that the above action
has settled, hereby orders that this action be dismissed without costs and without
prejudice. If settlement is not consummated within a reasonable time, either party may,
within 60 days, petition the court to reopen the action and restore it to the calendar. See
Fed. R. Civ. P. 60(b)(6). In the alternative, to the extent permitted by law, either party
may, within 60 days, petition the court 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 60 days from the filing date of this order.
IT IS SO ORDERED.

July 5, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge