State Farm Fire & Casualty Insurance Company v. Sproull et al

Filing 84

CONDITIONAL ORDER OF DISMISSAL Signed by Honorable Donald C Coggins, Jr on 10/2/2018. Associated Cases: 7:16-cv-03998-DCC, 7:17-cv-00234-DCC(abuc)

IN THE UNITED STATES DISTRICT COURT
DISTRICT FOR SOUTH CAROLINA
SPARTANBURG DIVISION

State Farm Fire & Casualty Insurance
Company,

)
)
)
Plaintiff,
)
)
vs.
)
)
Horace Mills Sproull, III, et al.,
)
)
)
Defendants.
)
)
Johnny R. Lee,
)
)
Plaintiff,
)
)
vs.
)
)
Robert Henry Campbell; Ladonna Campbell )
State Farm Fire and Casualty Insurance
)
Company,
)
)
Defendants.
)
____________________________________)

Case no: 7:16-cv-03998-DCC

CONDITIONAL
ORDER OF DISMISSAL

Case no: 7:17-cv-00234-DCC

The Court, having been advised by counsel by counsel for the parties, that the above
action has been settled, issues this Conditional Order of Dismissal.
IT IS ORDERED upon Motion of Stanley T. Case, the attorney for State Farm in the
above-referenced matters, with the consent of Attorney Andrew Poliakoff, local counsel for all
of the Defendants who are claimants for insurance coverage which is involved in the abovereferenced matters, that the above-referenced matters are hereby dismissed, without costs, and
without prejudice.

It is contemplated that the claims involving the death of certain claimants in this matter
will be approved by the state court.
If settlement is not consummated within sixty (60) days, either party may petition the
court to re-open this action and re-store 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, 381-382 (1994).
IT IS SO ORDERED.

______________________________
s/Donald C. Coggins, Jr.
DONALD C. COGGINS, JR.
UNITED STATES DISTRICT JUDGE
October 2, 2018
Spartanburg, South Carolina
FOR THE MOTION:
s/ Stanley T. Case
Stanley T. Case, Federal ID# 0071
BUTLER, MEANS, EVINS & BROWNE, P.A.
234 N. Church Street
P.O. Box 451
Spartanburg, SC 29304
[phone]
CONSENT:
s/ Andrew N. Poliakoff
Andrew N. Poliakoff
152 Magnolia Street
P.O. Box 3525
Spartanburg, SC 29304
[phone]

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