Felbermayer et al v. CitiMortgage Inc et al

Filing 18

ORDER granting plaintiff's motion to dismiss and 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 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
WESTERN DIVISION
SHELLY FELBERMAYER and
ARNOLD FELBERMAYER
v.

PLAINTIFFS
4:10CV01551-BRW

CITIMORTGAGE, INC. and
FIRST AMERICAN FLOOD DATA
SERVICES, INC.

DEFENDANTS
ORDER

Plaintiffs’ Motion to Dismiss (Doc. No. 17) based on settlement 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 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).
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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

2