Hughes v. Horn

United States District Court for the Southern District of Georgia

Hughes v. Horn

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

KELVIN A. HUGHES,

Plaintiff, CIVIL ACTION NO.: 4:19-cv-183

v.

TODD M. HORN,

Defendant.

O RDE R The parties, through their counsel, have advised the Court that they have reached an agreement to settle this matter. They have also indicated, however, that the settlement has not yet been consummated and, while they wish for the case to ultimately be dismissed with prejudice, they do not wish for the Court to dispose of the case in that manner at this time. Accordingly, the Court DIRECTS the Clerk of Court to ADMINISTRATIVELY CLOSE this action. See Heape v. Flanagan, No. 6:07-CV-12,

2008 WL 2439736

(S.D. Ga. June 9, 2008). Within sixty (60) days of the date this Order is entered, the parties—if they wish—may present a dismissal judgment, pursuant to Federal Rule of Civil Procedure 41(a)(2), incorporating the terms of their settlement, so the Court may retain jurisdiction to enforce the agreement. In the alternative, the parties may, within that sixty-day period, simply file a joint stipulation of dismissal. If the parties fail to file a dismissal (or, if necessary, move to reopen the case) within sixty (60) days, the Court will swa sponte dismiss the case with prejudice. Kokkonen v. Guardian Life Ins. Co. of Am.,

511 U.S. 375, 381-82

(1994). SO ORDERED, this 20th day of March, 2023.

R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA

Reference

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