Allen v. Capital One Bank USA NA et al

Filing 18

ORDER DISMISSING CASE as to Defendant Capital One Bank USA NA only without costs and without prejudice to the right of either Plaintiff or Defendant Capital One Bank USA NA, 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 7/1/2013. (hcic, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Wanda Allen,

)
) CA 4:13-cv-01051-RBH
Plaintiff(s),
)
v.
)
)
)
Capital One Bank USA NA; Northland Group Inc,; )
Firstsource Advantage, LLC,
)
)
Defendant(s).
)

The Court, having been advised by counsel for the parties that the above action has been
settled between Plaintiff and Defendant Capital One Bank, USA, N.A. only, HEREBY ORDERS
that this action is hereby dismissed between Plaintiff and Defendant Capital One Bank, USA, N.A.
only without costs and without prejudice. 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
settlement. Fairfax Countywide Citizens v. Fairfax County, 571 F.2d 1299 (4th Cir. 1978).
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.
s/R Bryan Harwell
HONORABLE R. BRYAN HARWELL
UNITED STATES DISTRICT JUDGE
Florence, S.C.
July 1, 2013