Big Red Box LLC v. Square Inc et al
Filing
208
ORDER of Dismissal as the Court having been advised for the parties that the above action has been settled as to defendant, Square, Inc., only, IT IS ORDERED that this action is hereby dismissed without costs and without preju dice against Square, Inc. If settlement is not consummated within sixty (60) days, either party pay petition the Court to reopen this action and restore it to the calendar. Square, Inc. terminated. Signed by Magistrate Judge Shiva V. Hodges on 6/19/2020. (lbak)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Big Red Box, LLC,
Plaintiff,
vs.
Square, Inc., William Tye Grisel,
and Joe Grisel,
Defendants.
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C/A No. 3:18-758-JMC-SVH
ORDER OF DISMISSAL
The Court having been advised by counsel for the parties that the
above action has been settled as to defendant, Square, Inc., only, IT IS
ORDERED that this action is hereby dismissed without costs and without
prejudice against Square, Inc. If settlement is not consummated within sixty
(60) days, either party may petition the Court to reopen this action and
restore it to the calendar. F. R. Civ. P. Rule 60(b)(6).
In the alternative, to the extent permitted by law, either party may
within sixty (60) 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 sixty (60) days from the filing date of this
order.
IT IS SO ORDERED.
June 19, 2020
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
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