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Beard v. Dozier

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 13, 2007

LISA BEARD, A MINOR, BY HER FATHER, PAUL BEARD, AS NEXT FRIEND, PLAINTIFF,
v.
JOHN DOZIER AND ATTILA CALDWELL, DEFENDANTS.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

The Court issued a 60-day Order, dated April 18, 2007, (Doc. 36), directing the Clerk of the Court to dismiss the action with prejudice and without costs 60 days from the date of the Order. This type of Order is issued when the parties indicate that the matter has been settled, but additional time is necessary to consummate the settlement agreement. Therefore, the 60-day Order also states that "[s]hould the parties fail to consummate settlement within 60 days, they may petition the Court to delay entry of judgment." Such is the case here.

Prior to entry of judgment, on June 12, 2007, Plaintiff filed a Motion for Delay of Entry of Judgment (Doc. 37). Plaintiff seeks a delay of entry of judgment until final approval is obtained*fn1 and the settlement funds are received. Plaintiff expects all of this to occur no later than July 18, 2007. Lastly, the Motion states that neither Defendant objects to such delay. The Court finds Plaintiff's timely Motion gives valid reason for the relief sought. Accordingly, Plaintiff's Motion (Doc. 36) is GRANTED. Judgment shall not be entered until July 23, 2007.

IT IS SO ORDERED.

David R Herndon United States District Judge


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