WRIGHT v. ELLIS, CV415-099. (2017)
Court: District Court, S.D. Georgia
Number: infdco20170109673
Visitors: 4
Filed: Jan. 05, 2017
Latest Update: Jan. 05, 2017
Summary: ORDER G. R. SMITH , Magistrate Judge . After a year of inactivity, the Court ordered the parties to show cause why this case should not be dismissed under Fed. R. Civ. P. 41(b) and L.R. 41.1(b). Doc. 8 (entered October 31, 2016). In response the parties notified the Court that they had reached a settlement "and expect a dismissal will be filed" by the end of November, 2016. See docs. 9 & 10. That hasn't happened. Given the announced settlement, however, the Clerk shall ADMINISTRATIVELY CL
Summary: ORDER G. R. SMITH , Magistrate Judge . After a year of inactivity, the Court ordered the parties to show cause why this case should not be dismissed under Fed. R. Civ. P. 41(b) and L.R. 41.1(b). Doc. 8 (entered October 31, 2016). In response the parties notified the Court that they had reached a settlement "and expect a dismissal will be filed" by the end of November, 2016. See docs. 9 & 10. That hasn't happened. Given the announced settlement, however, the Clerk shall ADMINISTRATIVELY CLO..
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ORDER
G. R. SMITH, Magistrate Judge.
After a year of inactivity, the Court ordered the parties to show cause why this case should not be dismissed under Fed. R. Civ. P. 41(b) and L.R. 41.1(b). Doc. 8 (entered October 31, 2016). In response the parties notified the Court that they had reached a settlement "and expect a dismissal will be filed" by the end of November, 2016. See docs. 9 & 10. That hasn't happened. Given the announced settlement, however, the Clerk shall ADMINISTRATIVELY CLOSE this case without prejudice to the right of any party with standing to reopen it. See, e.g., In re Heritage Southwest Medical Group PA, 464 F. App'x 285, 287 (5th Cir. 2012)("[A]dministrative closure does not have any effect on the rights of the parties and is simply a docket-management device."). If settlement-enforcement is sought, any party with standing may move to reactivate this case and comply with Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381-82 (1994) (authorizing dcourts to retain jurisdiction, upon use of an Fed. R. Civ. P. 41(a)(2)-based "settlement-dismissa;," to enforce a settlement); Heape v. Flanagan, 2008 WL 2439736 at * 3 (S.D. Ga. June 9, 2008); Ellever v. Colvin, CV414-202, doc 91 (S.D. Ga. Sept. 6, 2016). Alternatively, the parties may elect to take no further action&mdash they have settled, after all — in which case this action willsimply remain closed.
SO ORDERED.
Source: Leagle
