Vasquez v. Overton Transportation

Filing 14

ORDER DISMISSING CASE with prejudice subject to the terms of the Settlement Agreement and/or Consent Decree. The Clerk is directed to serve copies of this Order on the attorneys for the parties appearing in this action. Signed by Judge Billy Roy Wilson on 6/28/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

MAGDALENA VASQUEZ, Individually and as
Administrator of the Estate of Gregorio Vasquez
vs.

PLAINTIFF

4:10CV01295-BRW

OVERTON TRANSPORTATION, LLC

DEFENDANT

ORDER DISMISSING ACTION
BY REASON OF SETTLEMENT
Counsel has advised the Court that this matter has settled and request the case be dismissed.
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 with 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.

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)

IT IS FURTHER ORDERED that the Clerk forthwith serve copies of this Order upon the
attorneys for the parties appearing in this action.
Dated this 28th day of June, 2011.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

settleo.