City Furniture, Inc. v. Chappelle
Filing
48
ORDER re 46 Notice of settlement filed by City Furniture, Inc., Scott A. Chappelle. Plaintiff City Furniture, Inc. and Defendant Scott A. Chappelle's Joint Notice of Settlement and Request for Dismissal of Case Subject to Right of Part ies to Move Court to Reopen Case 46 is GRANTED in part and DENIED in part. The above-captioned case is DISMISSED without prejudice, and the Court declines to retain jurisdiction over this case in order to enforce the parties' settlement agreement. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 9/21/2016. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CITY FURNITURE, INC., a Florida
corporation
Plaintiff,
v.
Case No: 2:15-cv-748-FtM-38CM
SCOTT A. CHAPPELLE,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiff City Furniture, Inc. and Defendant
Scott A. Chappelle’s Joint Notice of Settlement and Request for Dismissal of Case
Subject to Right of Parties to Move Court to Reopen Case (Doc. #46) filed on September
19, 2016. The Court has been informed that Plaintiff and Defendant have resolved this
matter and entered into a confidential Settlement Agreement on September 15, 2016.
(Doc. #46 at 3). Both Plaintiff and Defendant have further requested this Court retain
jurisdiction should default occur with respect to the Settlement Agreement. (Doc. #46 at
3).
Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action
voluntarily if a stipulation of dismissal is signed by all parties who have appeared. This
1
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dismissal is effective upon filing and requires no further action by the Court. See Anago
Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). In compliance with
Rule 41(a), the Court dismisses this case without prejudice and without costs or fees to
any party. However, the Court declines to retain jurisdiction for the sole purpose of
entering an Agreed Final Judgment pursuant to an Affidavit of Default. The Court advises
parties to pursue the appropriate avenue in state court should any issue regarding the
Settlement Agreement arise.
Accordingly, it is now
ORDERED:
(1)
Plaintiff City Furniture, Inc. and Defendant Scott A. Chappelle’s Joint Notice
of Settlement and Request for Dismissal of Case Subject to Right of Parties
to Move Court to Reopen Case (Doc. #46) is GRANTED in part and
DENIED in part.
(2)
The above-captioned case is DISMISSED without prejudice, and the
Court declines to retain jurisdiction over this case in order to enforce the
parties' settlement agreement.
(3)
The Clerk of Court is DIRECTED to enter judgment accordingly, terminate
all pending motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 20th day of September, 2016.
Copies: All Parties of Record
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