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, )

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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. ) ) ) ) ) ) ) ) ) ) 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

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