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

MARK FINOCCHIARO,

Plaintiff, CIVIL ACTION NO.: 4:21-cv-365

v.

KEVIN DEZURIK; AVILES-ROBBINS TRUCK LEASING, LLC; STATE NATIONAL INSURANCE COMPANY; and XYZ CORPORATION (#1-20),

Defendants.

O RDER On November 21, 2023, counsel for Plaintiff and counsel for Defendants advised the Court that the parties have reached a settlement of this matter and are waiting to sign an agreed-upon release agreement. (Doc. 39.) Accordingly, the Court DIRECTS the Clerk of Court to ADMINISTRATIVELY CLOSE this action. See Heape v. Flanagan, No. 6:07-CV-12,

(S.D. Ga. June 9, 2008). The Court additionally CONTINUES the Telephonic Trial Preparation Scheduling Conference, which is presently scheduled for December 6. In the event the settlement is not consummated, and the case is reopened, the Court will reschedule this conference and will set trial preparation deadlines at that time. Within forty-five (45) 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 simply file a joint stipulation of dismissal. If the parties fail to file a dismissal (or, if necessary, move to reopen the case) within forty-five (45) days, the Court will sua sponte dismiss the case with prejudice. Kokkonen v. Guardian Life Ins. Co. of Am.,

(1994). SO ORDERED, this 27th day of November, 2023.

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