North Hills Medical Center LLC v. Whiting Construction Co Inc et al

Filing 48

ORDER DISMISSING CASE without costs and without prejudice as to Pike Electric LLC and Whiting Construction Co Inc to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Pike Electric LLC and Whiting Construction Co Inc terminated. Signed by Honorable Mary Geiger Lewis on 4/27/2017. (abuc)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
North Hills Medical Center, LLC,
Plaintiffs,
vs.
Whiting Construction Co., Inc.;
Pike Electric, LLC,
Defendants.

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Civil Action No. 6:16-cv-02740-MGL
ORDER OF DISMISSAL

The Court having been advised by counsel for the parties that the above
action has been settled as to defendants Whiting Construction Co., Inc. and Pike Electric,
LLC.,
IT IS ORDERED that this action is hereby dismissed without costs and without
prejudice as to defendants Whiting Construction Co Inc. and Pike Electric, LLC. 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 defendants Whiting
Construction Co., Inc. and Pike Electric, LLC. 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
April 27, 2017
Columbia, South Carolina