Osman v. Dehaan et al
ORDER re 53 Stipulation of Dismissal filed by Asha Osman. Plaintiff Asha Osman and Defendant Northwood Hospitality LLC's Stipulation of Dismissal with Prejudice 53 is DENIED. The parties shall jointly advise the Court, in writing, on or before October 10, 2017, as to how they wish to proceed with this case. Failure to respond may result in the Court administratively closing this case based on the parties' settlement 47 . Signed by Judge Sheri Polster Chappell on 10/5/2017. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Case No: 2:16-cv-488-FtM-38CM
STEVEN DEHAAN, KEVIN J.
RAMBOSK and NORTHWOOD
This matter comes before the Court on Plaintiff Asha Osman and Defendant
Northwood Hospitality LLC’s Stipulation of Dismissal with Prejudice. (Doc. 53). Osman
and Northwood Hospitality stipulate to dismissing all claims against Northwood
Hospitality, LLC (Counts IX-XI) provided the Court retains jurisdiction to enforce their
settlement agreement. The parties bring their stipulation under Rule 41(a)(2) of the
Federal Rules of Civil Procedure, which provides “an action may be dismissed at the
plaintiff's request only by court order, on terms that the court considers proper.” Fed. R.
Civ. P. 41(a)(2).
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This Court will not enter an order to dismiss a case and retain jurisdiction over a
settlement agreement – the terms of which are unknown – that the parties have reached.
The parties are free to enter into any settlement agreement in order to resolve this case.
But the Court declines to retain jurisdiction to enforce any such agreement.
Accordingly, it is now
(1) Plaintiff Asha Osman and Defendant Northwood Hospitality LLC’s Stipulation
of Dismissal with Prejudice (Doc. 53) is DENIED.
(2) The parties shall jointly advise the Court, in writing, on or before October 10,
2017, as to how they wish to proceed with this case. Failure to respond may
result in the Court administratively closing this case based on the parties’
settlement (Doc. 47).
DONE and ORDERED in Fort Myers, Florida this 5th day of October 2017.
Copies: All Parties of Record
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