Hirsh v. Lecuona

Full title: GARY HIRSH, Plaintiff, v. FERNANDO LECUONA, Defendant

Court: United States District Court, D. Nebraska

Date published: Nov 25, 2008

8:06CV13 (D. Neb. Nov. 25, 2008)

Opinion

8:06CV13.

November 25, 2008

ORDER

JOSEPH BATAILLON, District Judge

This matter is before the court on defendant `s motion to quash praecipe and/or writ of execution, Filing No. 136. The parties have represented that this action has been settled, but that settlement documents cannot be finalized until May 2009. Accordingly, the court finds that the plaintiff's praecipe for a writ of execution should be quashed, without prejudice to the plaintiff's right to reassert it, if necessary. This is not a determination on the merits of the issue.

IT IS ORDERED:

1. Defendant's motion to quash (Filing No. 136) is granted.

2. Plaintiff's praecipe for a writ of execution (Filing No. 135) is hereby quashed, without prejudice to refiling.

3. The parties shall file a joint stipulation for dismissal (or other dispositive stipulation) on or before June 15, 2009.