Hughes v. Long et al

Filing 51

ORDER. The Court TRANSFERS this case to the Court of Common Pleas for Horry County, South Carolina, for consideration of the proposed wrongful death and survival action settlement agreement. The Court, having been advised by counsel for the parties that this case has settled, ORDERS that this action is hereby DISMISSED without costs and without prejudice. If settlement is not consummated within a reasonable time, any party may within ninety (90) days petition the Court to reopen the action and restore it to the docket. Signed by the Honorable R. Bryan Harwell on 12/29/2015. (hcic, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
IN ADMIRALTY
Lisa Hughes, individually and as the
personal representative of the Estate of
Kurtis Hutchison,

)
)
)
)
Plaintiff,
)
)
v.
)
)
Christopher W. Long, Longway Charters, )
and Island Adventure Watersports, Inc., in )
personam; and M/V Longway, in rem,
)
)
Defendants.
)
)
and
)
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Island Adventure Watersports, Inc.,
)
)
Third Party Plaintiff,
)
)
v.
)
)
Noel Jake Hallonquist,
)
)
Third Party Defendant.
)
____________________________________)

Civil Action No.: 4:14-cv-04705-RBH

ORDER

The parties in the above-captioned case have reached a settlement agreement. See ECF No. 50.
Pursuant to section 15-51-42 of the South Carolina Code of Laws (2005), an appropriate court shall
approve a settlement agreement in a wrongful death and/or survival action upon the filing of a petition
by the personal representative of the decedent’s estate. For an action pending in federal court, the
presiding federal judge may in his discretion issue an order transferring the case to state court for
consideration of the proposed settlement. S.C. Code Ann. § 15-51-42(D) (2005). Therefore, the Court
TRANSFERS this case to the Court of Common Pleas for Horry County, South Carolina, for

consideration of the proposed wrongful death and survival action settlement agreement.
The Court, having been advised by counsel for the parties that this case has settled, ORDERS
that this action is hereby DISMISSED without costs and without prejudice. If settlement is not
consummated within a reasonable time, any party may within ninety (90) days petition the Court to
reopen the action and restore it to the docket, as permitted by Federal Rule of Civil Procedure 60(b)(6).
Alternatively, and to the extent permitted by law, any party may within ninety (90) days petition the
Court to enforce the settlement. See Fairfax Countywide Citizens Ass’n v. Fairfax Cty., Va., 571 F.2d
1299 (4th Cir. 1978).
Dismissal of this case shall be with prejudice if no action is taken within ninety (90) days from
the filing date of this order.
This order requires that the parties obtain state court approval of the settlement no less than ten
(10) calendar days prior to the expiration of the ninety-day time frame set forth above. In the event
additional time is required to obtain state court approval, the parties must notify the Court before the
expiration of this order and seek an extension.
IT IS SO ORDERED.

Florence, South Carolina
December 29, 2015

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge

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