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State Farm Fire & Casualty Insurance Company v. Sproull, Case No: 7:16-cv-03998-DCC.Case No: 7:17-cv-00234-DCC. (2018)

Court: District Court, D. South Carolina Number: infdco20181003h87 Visitors: 15
Filed: Oct. 02, 2018
Latest Update: Oct. 02, 2018
Summary: CONDITIONAL ORDER OF DISMISSAL DONALD C. COGGINS, JR. , District Judge . 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 above-r
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CONDITIONAL ORDER OF DISMISSAL

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 above-referenced 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.

Source:  Leagle

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