Opinion
Case No. 1:04-cv-203.
February 5, 2007
Douglas A. Merrow (P35805), LAW OFFICE OF DOUGLAS A MERROW, P.L.L.C., Attorney for Plaintiff, Portage, MI.
Ronald W. Chapman (P37603), David B. Mammel (P60732), CHAPMAN AND ASSOCIATES, P.C., Atty for Defs. Correctional Medical Services, Inc., Nasim Yacob, M.D., Daniel Carrel, D.O., Tammy Syswerda, R.N., Gwen Lanser, R.N., Nancy Squires, R.N., Catherine White, R.N., Bloomfield Hills, MI.
ORDER
This matter came to be heard upon the joint motion of the parties pursuant to Fed.R. Cir P. 60(b), as contemplated inFirst National Bank of Salem, Ohio v. Hirsch, 535 F.2d 343 (6th Cir. 1976) asking this Court to indicate that it is disposed to grant a Motion to Approve Settlement of Plaintiff's Wrongful Death Action in exchange for execution of a Release and Settlement of All Claims and dismissal of the pending appeal to the Sixth Circuit Court of Appeals and indicating this Court's willingness to timely schedule this matter for hearing on Plaintiff's Motion to Approve Wrongful Death Settlement and for Authority to Distribute Settlement Proceeds on Remand;
Considering the parties desire to settle and the entire record, the Court is of the opinion, and so finds, that should the case be remanded to it by the Court of Appeals for the Sixth Circuit, this Court is inclined to grant the relief requested.
IT IS, THEREFORE, ORDERED BY THE COURT that if this case is remanded to the District Court by the Court of Appeals, this Court is disposed to grant the parties' 60(b) motion.