Houston v. Sugarland Plaza, Inc.

Filing 15

ORDER re 14 Stipulation of Dismissal filed by Joe Houston. The Parties' Stipulation for Approval and Entry of Consent Decree Between Plaintiff and Defendant and Dismissal of Case with Prejudice 14 is APPROVED. The Consent Decree, attac hed hereto to this Order, is approved and entered, with the Court retaining jurisdiction over this matter for a period of 120 days from the date of this Order for the purpose of enforcement of the Consent Decree. After that period of time has passed , the Court's jurisdiction will terminate without further notice. This matter is DISMISSED with prejudice pursuant to the Parties' stipulation. The Clerk is directed to terminate any pending motions and deadlines, and CLOSE the case. Signed by Judge Sheri Polster Chappell on 7/2/2013. (Attachments: # 1 Exhibit Consent Decree)(LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

JOE HOUSTON,
Plaintiff,
v.

Case No: 2:13-cv-237-FtM-38UAM

SUGARLAND PLAZA, INC.,
Defendant.
/
ORDER
This matter comes before the Court on the Parties’ Joint Stipulation for Approval
and Entry of Consent Decree Between Plaintiff and Defendant and Dismissal of Case
with Prejudice (Doc. #14) filed on June 28, 2013.

The Parties have submitted a

proposed consent decree to the Court, which they request be entered by the Court.
Pursuant to Title III of the Americans with Disabilities Act, this Court is authorized to
enter a consent decree requiring a public accommodation to alter facilities to make such
facilities readily accessible to and useable by individuals with disabilities. The Parties’
request that the Court retain jurisdiction to enforce the terms of the consent decree
pursuant to Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1280 (11th Cir.
2012).
A District Court can retain jurisdiction over a settlement agreement in two ways:
“either (1) the district court must issue the order retaining jurisdiction . . . prior to the
filing of the stipulation, or (2) the parties must condition the effectiveness of the
stipulation on the district court’s entry of an order retaining jurisdiction.”

Anago

Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1280 (11th Cir. 2012). Further, the

Order dismissing the suit may “embody the settlement contract . . . or . . . retain
jurisdiction over the settlement contract if the parties agree.” Kokkonen v. Guardian Life
Ins. Co. of America, 511 U.S. 375, 382, 114 S. Ct. 1673, 1677 (1994).
The Parties agree that the Court shall retain jurisdiction over the settlement.
Because the Parties have conditioned the effectiveness of the stipulation on the district
court’s entry of an order retaining jurisdiction, the Court hereby agrees to retain
jurisdiction over the settlement agreement.
Accordingly, it is now ORDERED:
(1) The Parties’ Stipulation for Approval and Entry of Consent Decree Between
Plaintiff and Defendant and Dismissal of Case with Prejudice (Doc. #14) is
APPROVED.

The Consent Decree, attached hereto to this Order, is

approved and entered, with the Court retaining jurisdiction over this matter for
a period of 120 days from the date of this Order for the purpose of
enforcement of the Consent Decree. After that period of time has passed, the
Court’s jurisdiction will terminate without further notice.
(2) This matter is DISMISSED with prejudice pursuant to the Parties’ stipulation.
(3) The Clerk is directed to terminate any pending motions and deadlines, and
CLOSE the case.
DONE and ORDERED in Fort Myers, Florida this 2nd day of July, 2013.

Copies: All Parties of Record

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