EFS Industries USA LLC v. First Citizens Bank & Trust Company et al
ORDER DISMISSING CASE without costs and without prejudice, as to First Citizens Bank & Trust Company, to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. First Citizens Bank & Trust Company terminated. Signed by Honorable Mary Geiger Lewis on 3/27/2017. (abuc)
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
EFS Industries USA, LLC,
f/k/a EFS Industries LP,
First Citizens Bank & Trust Company,
f/k/a First Citizens Bank and Trust
Company Inc.; Marcus Frenken;
Carmen Geschke; EFS IND LLC;
Protec Enterprises, LLC; John Doe,
) Civil Action No. 7:15-cv-04768-MGL-JDA
ORDER OF DISMISSAL
The Court having been advised by counsel for the parties that the above
action has been settled as to defendant First Citizens Bank & Trust Company,
IT IS ORDERED that this action is hereby dismissed without costs and without
prejudice as to defendant First Citizens Bank & Trust Company. 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 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
March 27, 2017
Columbia, South Carolina
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