Opinion
Civil Action 4:20-cv-90
12-05-2023
ORDER
R. STAN BAKER, UNITED STATES DISTRICT JUDGE
On December 1, 2023, counsel for Plaintiff and counsel for Defendant advised the Court that the parties have reached a settlement of this matter and are in the process of preparing and finalizing a settlement agreement and a stipulated dismissal. (Doc. 185.) 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 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., 511 U.S. 375, 381-82 (1994).
A trial of this case is currently scheduled to begin on February 6, 2024, with a pretrial conference to be held on January 30, 2024. Both of these dates fall outside of the 45-day deadline imposed herein for dismissing or reopening the case. The parties are hereby advised that if the case is not dismissed within forty-five days, the Court may elect to proceed with the pretrial conference and/or trial on these scheduled dates.
SO ORDERED.