Monterey Bay Homes LLC v. Chambers et al

Filing 124

ORDER DISMISSING CASE without costs and without prejudice as to the claims between Plaintiff and Defendants Robert Chambers, Rene Chambers, and Wall Tec, LLC, upon good cause shown within thirty (30) days, to reinstate the action if settlement is not consummated. Signed by the Honorable R Bryan Harwell on 4/29/2014. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Monterey Bay Homes, LLC,

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Plaintiff,
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v.
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Robert Chambers, Rene Chambers, )
Palmetto Design Group, LLC and )
Wall Tec, LLC,
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Defendants.
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)

Civil Action No.: 4:12-cv-00891-RBH

ORDER

The Court has been advised by counsel for the parties that all claims, counterclaims, and
cross-claims (however those claims are designated in this action) between Plaintiff Monterey
Bay Homes, LLC and Defendants Robert Chambers, Rene Chambers, and Wall Tec, LLC have
been settled. The Court HEREBY ORDERS that this action is DISMISSED without costs and
without prejudice as to the claims between those parties only. The action shall proceed as to the
claims pending between Plaintiff Monterey Bay Homes, LLC and Defendant Palmetto Design
Group, LLC.
If settlement is not consummated within a reasonable time, either party may within thirty
(30) days petition the Court to reopen the action and restore it to the calendar. Fed. R. Civ. P.
60(b)(6). 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 Cnty.,
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 thirty (30) days from the filing date of this Order.

IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
April 29, 2014
Florence, South Carolina

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