Hendricks v. Vanderbilt Mortgage and Finance Inc et al

Filing 83

ORDER DISMISSING CASE without costs and without prejudice as to Merchants Credit Bureau Inc to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Merchants Credit Bureau Inc terminated. Signed by Honorable Mary Geiger Lewis on 9/7/2017. (abuc)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Tallie E. Hendricks,
Plaintiff,
vs.
Vanderbilt Mortgage and Finance, Inc,
et. al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Civil Action No.

6:16-cv-02050-MGL

ORDER OF DISMISSAL

The Court having been advised by counsel for the parties that the above
action has been settled as to Merchants Credit Bureau, Inc,
IT IS ORDERED that this action is hereby dismissed without costs and without
prejudice as to Merchants Credit Bureau, Inc. If settlement is not consummated within sixty
(60) days, either party may petition the Court to reopen this action and restore it to the
calendar. Rule 60(b)(6), F.R.Civ.P. 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). By agreement of the
parties, the court retains jurisdiction to enforce the settlement agreement. Kokkonen v.
Guardian Life Ins. Co., 511 U.S. 375, 381-82 (1994).
The dismissal hereunder shall be with prejudice as to Merchants Credit
Bureau, Inc. if no action is taken under either alternative within sixty (60) days from the filing
date of this order.
IT IS SO ORDERED.
s/Mary Geiger Lewis
Mary Geiger Lewis
United States District Judge
September 7, 2017
Columbia, South Carolina