Godines v. Juniper Landscaping, Inc. et al

Filing 30

ORDER re 29 Stipulation of Dismissal filed by Juniper Landscaping, Inc. The Joint Petition to Mark Judgment as Satisfied and for Dismissal With Prejudice is DENIED. Signed by Judge Sheri Polster Chappell on 12/20/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SERGIO GODINES, and other similarly
situated individuals
Plaintiff,
v.

Case No: 2:08-cv-202-FtM-99SPC

JUNIPER LANDSCAPING, INC. and
MICHAEL P. DUKE,
Defendants.
/
ORDER1
This matter comes before the Court on the parties’ Joint Petition to Mark Judgment
as Satisfied and for Dismissal With Prejudice (“Petition”) (Doc. #29) filed on December
15, 2016. The parties state that they have settled this matter and request that the Court
mark the judgment entered on September 12, 2008 (Doc. #28) as satisfied and dismiss
this action with prejudice.

As the Court already approved the parties’ Confidential

Settlement Agreement, Waiver, and General Release on September 11, 2008 and
dismissed this action with prejudice (Doc. #27), which was entered by the Clerk on
September 12, 2008 (Doc. #28), the request to dismiss this action with prejudice is
denied. With regard to the request to mark the judgment as satisfied, pursuant to Federal
Rule of Civil Procedure 60(b)(5), upon motion and just terms, the Court may relieve a

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party or its legal representative from a final judgment, order, or proceeding if the judgment
has been satisfied. Here, the parties have not filed a motion requesting such relief and
the Court declines to construe the Petition as a motion as it does not comply with Local
Rule 3.01(a), which requires a movant to include a statement of the relief requested, a
statement of the basis for the request, and a memorandum of legal authority in support
of the request.
Accordingly, it is now
ORDERED:
The Joint Petition to Mark Judgment as Satisfied and for Dismissal With Prejudice
is DENIED.
DONE and ORDERED in Fort Myers, Florida this 20th day of December, 2016.

Copies: All Parties of Record

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