Diaz v. Credit One Bank NA et al

Filing 60

ORDER DISMISSING CASE as to defendants AT&T Services Inc., DirecTV LLC only without costs and without prejudice to the right of either party, upon good cause shown within thirty (30) days, to reinstate the action if settlement is not consummated., AT&T Services Inc and DirecTV LLC terminated. Signed by Honorable J Michelle Childs on 4/9/2018. (asni, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Jazmine B. Diaz,
Plaintiff,
vs.
AT&T Services Inc., DirecTV LLC,
Defendants.

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C/A 3:18-00327-JMC
ORDER OF DISMISSAL

The Court having been advised by counsel for the parties that the above action has
been settled as to defendant AT&T Services Inc., DirecTV LLC,
IT IS ORDERED that this action is hereby dismissed without costs and without
prejudice. If settlement is not consummated within thirty (30) days, either party may petition the
Court to reopen this action and restore it to the calendar. Rule 60(b)(6), F.R.Civ.P. In the alternative,
to the extent permitted by law, either party may within thirty (30) days petition the Court to enforce
the settlement. Fairfax Countywide Citizens v. Fairfax County, 571 F.2d 1299 (4th Cir. 1978). By
agreement of the parties, the court retains jurisdiction to enforce the settlement agreement. Kokkonen
v. Guardian Life Ins. Co., 511 U.S. 375, 381-82 (1994).
The dismissal hereunder shall be with prejudice if no action is taken under
either alternative within thirty (30) days from the filing date of this order.
IT IS SO ORDERED.

J. MICHELLE CHILDS
United States District Judge
April 9, 2018
Columbia, South Carolina