Randa v. Sickler et al

Filing 44

ORDER directing the Clerk to reopen this case and correct the docket sheet to reflect that document 37 is a Motion to Dismiss. The Parties have settled, and 37 Motion to Dismiss is GRANTED. This case is dismissed with prejudice pursuant to terms of settlement agreement. Signed by Honorable P. K. Holmes III on September 3, 2019. (hnc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DENNIS H. RANDA
v.

PLAINTIFF
No. 2:18-CV-02178

CYNTHIA SICKLER, et al.

DEFENDANTS
ORDER

On August 28, 2019, the Court entered an order directing the parties to clarify the motion
(Doc. 39) for relief. Plaintiff has filed a response indicating that the parties intended their earlier
stipulation (Doc. 37) to be a motion to dismiss, with the Court to retain jurisdiction to enforce the
terms of the settlement agreement.
Pursuant to Federal Rule of Civil Procedure 60, the Court directs the Clerk to reopen this
case and correct the docket to reflect that the stipulation (Doc. 37) was a motion to dismiss.
Because the Court considers a prejudicial dismissal with retention of jurisdiction in this Court to
enforce the terms of the settlement agreement sufficient to adequately address any lingering
concerns with respect to full performance of the parties’ settlement agreement, it is unnecessary to
dismiss without prejudice and later convert the dismissal to a prejudicial one.
IT IS THEREFORE ORDERED that the motion (Doc. 37) is GRANTED and this case is
DISMISSED WITH PREJUDICE. The Court retains jurisdiction to enforce the terms of the
settlement agreement.
IT IS SO ORDERED this 3rd day of September, 2019.

/s/P. K. Holmes, ΙΙΙ
P.K. HOLMES, III
U.S. DISTRICT JUDGE