The Provident Bank v. Gulf Coast Charters, LLC et al

Filing 55

ORDER dismissing case re 53 Order dismissing case. The Clerk is directed to dismiss this case with prejudice, enter judgment in accordance with the parties' stipulation, and close the file. Signed by Judge Sheri Polster Chappell on 2/23/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THE PROVIDENT BANK,
Plaintiff,
v.

Case No: 2:13-cv-872-FtM-38DNF

GULF COAST CHARTERS, LLC and
ROBERT W. BROWN,
Defendants.
/
ORDER1
This matter comes before the Court on Stipulation (Doc. #54) filed on February 20,
2015. On December 31, 2014, the Court administratively closed the case in light of the
Plaintiff’s Notice of Settlement. (See Doc. #53; Doc. #52). The Court also gave the parties
sixty days to submit a stipulated form of final judgment or motion to reopen the action,
upon a showing of good cause. The parties have timely filed a Stipulation. (Doc. #54).
The parties stipulate to the following:
1. The parties have entered into a Settlement Agreement whereby
installment payments are required to be made by Defendants.
2. Should the Defendants default on the installment payments, then THE
PROVIDENT BANK will be entitled to a consent judgment based on the
terms of the Settlement Agreement and on a properly sworn Affidavit of
THE PROVIDENT BANK. The unexecuted consent judgment will be
held in escrow until either all payments are made under the Settlement
Agreement, or a default, where it will be filed with the Court for entry and
execution.

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(Doc. #54). The parties further request the Court to retain jurisdiction to enforce the
settlement agreement. (Doc. #54, ¶3). The Court respectfully declines this request
because it is the undersigned’s custom not to retain jurisdiction to enforce settlement
agreements.
Accordingly, it is now
ORDERED:
The Clerk is directed to dismiss this case with prejudice, enter judgment in
accordance with the parties’ stipulation, and close the file.
DONE and ORDERED in Fort Myers, Florida this 23rd day of February, 2015.

Copies: All Parties of Record

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