Beazer Homes Corp v. National Grange Mutual Insurance Company et al

Filing 342

ORDER DISMISSING CASE as to Defendant Selective Insurance Company of South Carolina only, 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 The Honorable R Bryan Harwell on 7/29/2013. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

Beazer Homes Corp.,

)
)
Plaintiff,
)
)
v.
)
)
Discover Property & Casualty Insurance
)
Company and Selective Insurance
)
Company of South Carolina,
)
)
Defendants.
)
____________________________________)

C.A. NO. 4:10-cv-02419-RBH

ORDER

The Court, having been advised by counsel for the parties that all claims and counterclaims
(however those claims are designated in this action) between Plaintiff, Beazer Homes Corporation,
and Defendant, Selective Insurance Company of South Carolina, have been settled, HEREBY
ORDERS that this action is hereby dismissed without costs and without prejudice as to the claims
between those parties only. The action shall proceed as to the claims pending between the plaintiff
and defendant Discover Property and Casualty Insurance Company.
If settlement is not consummated within a reasonable time, either party may within sixty (60)
days petition the Court to reopen the action and restore it to the calendar, Rule 60(b)(6)of the Federal
Rules of Civil Procedure. 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).
The dismissal of the claims 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.

s/ R. Bryan Harwell
HONORABLE R. BRYAN HARWELL
UNITED STATES DISTRICT JUDGE
Florence, S.C.
July 29, 2013

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