USA v. 8 Luxury Vehicles

Filing 147

ORDER dismissing case re 146 Stipulation. Defendant JITCO Group Limited's Motion for Attorneys' Fees and Costs 115 and Magistrate Judge Carol Mirando's Report and Recommendation 144 are TERMINATED as moot. This action is DIS MISSED without prejudice subject to the right of any Party, within sixty (60) days from the date of this Order, October 16, 2015, to submit a stipulated form of final judgment or request an extension of time, should they so choose, or for any Party t o move to reopen the action, upon a showing of good cause. See Local Rule 3.08(b). After the sixty (60) day period, however, without further order, this dismissal shall be deemed with prejudice. The Clerk is directed to terminate any previously scheduled deadlines and administratively close the case pending further order. Signed by Judge Sheri Polster Chappell on 8/17/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
USA,
Plaintiff,
v.

Case No: 2:15-cv-91-FtM-38CM

8 LUXURY VEHICLES and JITCO
GROUP LIMITED,
Defendants.
/
ORDER1
This matter comes before the Court on Magistrate Judge Carol Mirando’s Report
and Recommendation on Defendant JITCO Group Limited’s (“JITCO”) Motion for
Attorneys’ Fees and Costs (Doc. #144), the Parties’ Joint Notice of Settlement (Doc.
#145), and the Parties’ Joint Stipulation of Voluntary Withdrawal with Prejudice of JITCO’s
Motion for Attorneys’ Fees and Costs (Doc. #146).
On February 24, 2015, JITCO filed a Motion for Attorneys’ Fees and Costs (Doc.
#115), to which Plaintiff United States responded on April 1, 2015 (Doc. #122).
Thereafter, Magistrate Judge Carol Mirando issued a Report and Recommendation,
recommending that the Motion be granted in part and denied in part (Doc. #144). Now,
the Parties have alerted the Court that they jointly stipulate to the withdrawal with
prejudice of JITCO’s Motion on the basis of a settlement agreement. (Doc. #146). The

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Parties ask the Court to retain jurisdiction over this action to adjudicate any issues arising
out of that settlement agreement. (Doc. #146). The Court finds good cause to grant the
Parties’ Joint Stipulation (Doc. #146).
Accordingly, it is now
ORDERED:
1. Defendant JITCO Group Limited’s Motion for Attorneys’ Fees and Costs
(Doc. #115) and Magistrate Judge Carol Mirando’s Report and
Recommendation (Doc. #144) are TERMINATED as moot.
2. This action is DISMISSED without prejudice subject to the right of any
Party, within sixty (60) days from the date of this Order, October 16, 2015,
to submit a stipulated form of final judgment or request an extension of time,
should they so choose, or for any Party to move to reopen the action, upon
a showing of good cause. See Local Rule 3.08(b). After the sixty (60) day
period, however, without further order, this dismissal shall be deemed with
prejudice.
3. The Clerk is directed to terminate any previously scheduled deadlines and
administratively close the case pending further order.
DONE and ORDERED in Fort Myers, Florida this 17th day of August, 2015.

Copies: All Parties of Record

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