Simmons v. Richland County School District One, 3:18-cv-00274-JMC. (2018)
Court: District Court, D. South Carolina
Number: infdco20180226c84
Visitors: 8
Filed: Feb. 23, 2018
Latest Update: Feb. 23, 2018
Summary: ORDER TRANSFERRING CASE TO STATE COURT FOR SETTLEMENT APPROVAL J. MICHELLE CHILDS , District Judge . The parties in this case have reached a settlement and agree that the Court of Common Pleas for Richland County, South Carolina (the "state court"), should consider their settlement agreement for approval. Under South Carolina's law, this case may be transferred to the state court for that purpose. S.C. Code Ann. 15-51-42(D) (2005). Therefore, the Court TRANSFERS this case to the state co
Summary: ORDER TRANSFERRING CASE TO STATE COURT FOR SETTLEMENT APPROVAL J. MICHELLE CHILDS , District Judge . The parties in this case have reached a settlement and agree that the Court of Common Pleas for Richland County, South Carolina (the "state court"), should consider their settlement agreement for approval. Under South Carolina's law, this case may be transferred to the state court for that purpose. S.C. Code Ann. 15-51-42(D) (2005). Therefore, the Court TRANSFERS this case to the state cou..
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ORDER TRANSFERRING CASE TO STATE COURT FOR SETTLEMENT APPROVAL
J. MICHELLE CHILDS, District Judge.
The parties in this case have reached a settlement and agree that the Court of Common Pleas for Richland County, South Carolina (the "state court"), should consider their settlement agreement for approval. Under South Carolina's law, this case may be transferred to the state court for that purpose. S.C. Code Ann. § 15-51-42(D) (2005).
Therefore, the Court TRANSFERS this case to the state court for consideration of the proposed minor settlement agreement and ORDERS that:
1. the parties obtain the state court's approval of the settlement within ninety (90) days;
2. in the event additional time is required to obtain the state court's approval, the parties must notify the Court and seek an extension within the ninety (90) day timeframe;
3. if the settlement is not approved or consummated, any party may within ninety (90) days petition the Court to reopen the action and restore it to the docket, as permitted by Federal Rule of Civil Procedure 60(b)(6);
4. this action is hereby DISMISSED without costs and without prejudice;
a. if no action is taken within ninety (90) days from the filing date of this order, dismissal shall be with prejudice;
b. dismissal shall be with prejudice upon approval of the settlement by the state court.
IT IS SO ORDERED.
Source: Leagle
