Montgomery Bank, N.A. v. Hoolihan et al

Filing 92

ORDER granting in part 89 Montgomery Bank's Notice of Settlement and Joint Motion to Retain Jurisdiction. All claims against Thomas P. Hoolihan, Jr., Kerrey R. Hoolihan, Riverbend Golf & Country Club, Inc. and Vision One Management Group , Inc. are DISMISSED without prejudice, and the Clerk of Court is directed to enter judgment. The Clerk of Court is directed to terminate Defendants Thomas P. Hoolihan, Jr., Kerrey R. Hoolihan, Riverbend Golf & Country Club, Inc. and Vision One Mana gement Group, Inc. from this action. The Court declines to retain jurisdiction to enforce the parties' settlement agreement. The claims asserted against all other Defendants remain active.. Signed by Judge Sheri Polster Chappell on 2/28/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MONTGOMERY BANK, N.A.,
Plaintiff,
v.

Case No: 2:16-cv-173-FtM-38CM

THOMAS P. HOOLIHAN, JR. ,
KERREY R. HOOLIHAN,
RIVERBEND GOLF & COUNTRY
CLUB, INC., VISION ONE
MANAGEMENT GROUP, INC., PIKE
CREEK TURF FARMS, INC., LEE
COUNTY, SOUTHERN GULF
EQUIPMENT RENTAL & SALES,
INC., RIVERBEND HOMEOWNERS
ASSOCIATION OF LEE COUNTY,
INC. and FLORIDA DEPARTMENT
OF REVENUE,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on Montgomery Bank, N.A.’s Notice of
Settlement and Joint Motion to Retain Jurisdiction (Doc. 89) filed on February 23, 2017.
Specifically, the Notice states that Montgomery Bank has settled with Thomas P.
Hoolihan, Jr., Kerrey R. Hoolihan, Riverbend Golf & Country Club, Inc. and Vision One

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Management Group, Inc. (Doc. 89). However, the Notice “jointly move[s]” the Court to
close the case in full. (Doc. 89). This is problematic because the case involves more
parties than just those contemplated by the Notice.
Importantly, the Notice did not indicate that any settlement was reached as to Pike
Creek Turf Farms, Inc., Lee County, Southern Gulf Equipment Rental & Sales, Inc.,
Riverbend Homeowners Association of Lee County, Inc., or the Florida Department of
Revenue. Each of those parties are still active in this case. Moreover, both Lee County
and the Riverbend Homeowners Association of Lee County, Inc. are represented by
counsel and have filed Answers to either the Complaint or Amended Complaint. (Doc.
80, 16).2 Consequently, Montgomery Bank may not unilaterally close the entire case
without submitting a stipulation of dismissal signed by all represented parties. See Fed.
R. Civ. P. 41(a)(1)(A)(ii).
Nevertheless, Federal Rule of Civil Procedure 41(a)(2) states that an action may
be dismissed “on terms that the court considers proper.” With this in mind, the Court will
grant dismissal of Plaintiffs’ claims only as they apply to Thomas P. Hoolihan, Jr., Kerrey
R. Hoolihan, Riverbend Golf & Country Club, Inc. and Vision One Management Group,
Inc. The Court, however, declines to retain jurisdiction to enforce the parties' settlement
agreement.
Accordingly, it is now
ORDERED:

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Notably, Riverbend Homeowners Association of Lee County, Inc. withdrew its Answer
and Affirmative Defenses on June 14, 2016. (Doc. 50).

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1. Montgomery Bank’s Notice of Settlement and Joint Motion to Retain
Jurisdiction (Doc. 89) is GRANTED in part. All claims against Thomas P.
Hoolihan, Jr., Kerrey R. Hoolihan, Riverbend Golf & Country Club, Inc. and
Vision One Management Group, Inc. are DISMISSED without prejudice, and
the Clerk of Court is directed to enter judgment.
2. The Clerk of Court is directed to terminate Defendants Thomas P. Hoolihan,
Jr., Kerrey R. Hoolihan, Riverbend Golf & Country Club, Inc. and Vision One
Management Group, Inc. from this action.
3. The Court declines to retain jurisdiction to enforce the parties’ settlement
agreement.
4. The claims asserted against all other Defendants remain active.
DONE and ORDERED in Fort Myers, Florida this 28th day of February, 2017.

Copies: All Parties of Record

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