McCurry v. Robinson et al

Filing 67

ORDER transferring case to state court for settlement approval. Please note: The attorneys are responsible for supplementing the state court record with all documents filed in federal court. Signed by Honorable J Michelle Childs on 12/6/2019. (asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Mary H. McCurry, as personal representative
for the Estate of Henry S. Zeigler, Jr., deceased,

)
)
)
Plaintiff,
)
)
v.
)
)
Steven P. Robinson; Hamil Transportation, LLC, )
)
Defendants. )
__________________________________________)

Civil Action No. 5:17-cv-03156-JMC

ORDER

The parties in this case have reached a settlement and agree that the Court of Common
Pleas for Richland County, South Carolina (the “state court”), should consider their settlement
agreement for approval. Under South Carolina’s law, this case may be transferred to the state
court for that purpose. S.C. Code Ann. § 15-51-42(D) (2005). Therefore, the court
TRANSFERS this case to the state court for consideration of the proposed wrongful death
and survival action settlement agreement and ORDERS that:
1.

the parties obtain the state court’s approval of the settlement within ninety (90)
days;

2.

in the event additional time is required to obtain the state court’s approval, the
parties must notify the Court and seek an extension within the ninety (90) day
timeframe;

3.

if the settlement is not approved or consummated, 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); and

4.

this action is hereby DISMISSED without costs and without prejudice;

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a.

if no action is taken within ninety (90) days from the filing date of this
order, dismissal shall be with prejudice;

b.

dismissal shall be with prejudice upon approval of the settlement by the
state court.

IT IS SO ORDERED.

United States District Judge
December 6, 2019
Columbia, South Carolina

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