Motto Franchising, LLC v. McCabe et al

Filing 21

ORDER denying without prejudice 20 Motion for Entry Judgment. ORDERED by Judge Raymond P. Moore on 7/15/2019.(cthom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No: 18-cv-01131-RM-NRN
MOTTO FRANCHISING, LLC,
Plaintiff,
v.
JOSEPH MCCABE,
CHRIS WAGENHOFFER, and
GREATER PHILADELPHIA AREA MORTGAGE, LLC
d/b/a HOME FRONT MORTGAGE,
Defendants.

ORDER
This matter is before the Court on Plaintiff Motto Franchising, LLC’s, d/b/a MottoSM
Mortgage, Motion for Entry of Judgment (ECF No. 20) in its favor and against Defendants
Joseph McCabe and Greater Philadelphia Area Mortgage, LLC d/b/a Home Front Mortgage
based on the terms of a Settlement Agreement. Upon review of the Motion, and the court record,
the Court finds the requested relief may not be had.
Specifically, Plaintiff voluntarily dismissed this case under Fed. R. Civ. P. 41(a)(1)(A)(i)
(ECF No. 17), leaving nothing for the Court to do. See Fed. R. Civ. P. 41(a)(1)(A)(i) “[T]he
plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the
opposing party serves either an answer or a motion for summary judgment.”); see also, e.g.,
Janssen v. Harris, 321 F.3d 998, 1001-01 (10th Cir. 2003). Although the parties could have

requested the Court to retain jurisdiction to enforce the terms of their settlement agreement, they
did not do so. See 9 Charles Alan Wright et al., Federal Practice and Procedure § 2366 (3d ed.
2019). Thus, the Court has no jurisdiction to entertain the Motion. It is therefore
ORDERED that the Motion for Entry of Judgment (ECF No. 20) is DENIED WITHOUT
PREJUDICE.
DATED this 15th day of July, 2019.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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