Helena Chemical Company v. Peebles

Filing 10

ORDER granting plaintiff's motion to dismiss and DISMISSING CASE without prejudice, subject to the terms of the Settlement Agreement and/or Consent Decree. The Clerk is directed to forthwith serve copies of this Order upon the attorneys for the parties appearing in this action. Signed by Judge Billy Roy Wilson on 7/6/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
HELENA CHEMICAL COMPANY
v.

PLAINTIFF
1:11CV00001-BRW

SHAWN PEEBLES

DEFENDANT
ORDER

Plaintiff’s Motion to Dismiss (Doc. No. 9) is GRANTED.
The Supreme Court has held that district courts do not have inherent power, that is, automatic
ancillary jurisdiction, to enforce settlement agreements. Ancillary jurisdiction to enforce a settlement
agreement exists “only if the parties’ obligation to comply with the terms of the settlement agreement is
made part of the order of dismissal--either by a provision ‘retaining jurisdiction’ over the settlement
agreement or by incorporation of the terms of the settlement agreement in the order.”1 It is the obligation
of the parties requesting dismissal to comply with the terms of the settlement, and this Court specifically
retains jurisdiction to enforce the terms of the settlement agreement forming the underpinning of this
dismissal.
IT IS ORDERED that the complaint, be, and it hereby is, dismissed without prejudice, subject to
the terms of the Settlement Agreement, and/or Consent Decree. If any party desires that the written
settlement agreement be part of the record herein, it should be filed with the Court within twenty (20)
days.
IT IS FURTHER ORDERED that the Clerk forthwith serve copies of this Order upon the
attorneys for the parties appearing in this action.
IT IS SO ORDERED this 6th day of July, 2011.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

Kokkonon v. Guardian Life Insurance Co. of America, 511 U.S. 375, 114 S.Ct. 1673, 1676-77
(1994); Meiner v Missouri Dept. of Mental Health, 62 F.3d 1126, 1127 (8th Cir. 1995).

1