Rosemond v. Miranda et al

Filing 64

ORDER DISMISSING CASE as to the United States of America 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 06/17/2013. (bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
John Rosemond, as Guardian ad Litem
for the minor M.R.,

C/A No. 3:12-cv-02931-JFA

Plaintiff,
vs.

ORDER

Augustin Miranda and
the United States of America,
Defendants.

The court, having been advised by counsel for the above-captioned parties that the
plaintiff has settled with the United States of America, hereby orders that the plaintiff’s claims
against the United States be dismissed without costs and without prejudice.1 If settlement
between these two parties 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 Rule 60(b)(6),
FED. R. CIV. P. 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 Cnty,
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.
June 17, 2014
Columbia, South Carolina

1

Joseph F. Anderson, Jr.
United States District Judge

The court expresses no opinion as to the plaintiff’s claims against Augustin Miranda.