International Fidelity Insurance Company v. Allied Recycling Arcadia, Inc. et al

Filing 27

ORDER denying 26 The parties' Joint Motion for Entry of Consent Final Judgment. The parties must jointly advise the Court, in writing, on or before August 9, 2017, how they wish to proceed. Failure to respond will result in the Court administratively closing the case with prejudice in accordance with the Local Rules. Signed by Judge Sheri Polster Chappell on 8/2/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
INTERNATIONAL FIDELITY
INSURANCE COMPANY, a foreign
corporation
Plaintiff,
v.

Case No: 2:17-cv-114-FtM-38MRM

ALLIED RECYCLING ARCADIA,
INC., ABC RECYCLING COMPANY,
INCORPORATED, CHESTER
ADAMSON and CONNIE
ADAMSON,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on the parties’ Joint Motion for Entry of
Consent Final Judgment (Doc. 26). The Court administratively closed this case per the
parties’ request to suspend all deadlines pending settlement. (Doc. 25; Doc. 23). Since
then, they have agreed to a Consent Final Judgment (Doc. 26-1) that resolves all pending
claims in accordance with their settlement agreement. (Doc. 26). They request the Court
enter their Consent Final Judgment. (Doc. 26). This judgment will require Defendants to
pay Plaintiff $451,037.63 plus interest. It will also require the Court to retain jurisdiction:

1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or
websites. These hyperlinks are provided only for users’ convenience. Users are
cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By
allowing hyperlinks to other websites, this Court does not endorse, recommend, approve,
or guarantee any third parties or the services or products they provide on their websites.
Likewise, the Court has no agreements with any of these third parties or their websites.
The Court accepts no responsibility for the availability or functionality of any hyperlink.
Thus, the fact that a hyperlink ceases to work or directs the user to some other site does
not affect the opinion of the Court.

“Jurisdiction over the subject matter and the parties hereto is reserved for the purpose of
entering such further Orders and Judgments as may be necessary and proper, including
but not limited to, Orders and Judgments for Plaintiff’s execution activities.” (Doc. 26-1
at 2).
This Court, however, will not enter an order to dismiss a case and retain jurisdiction
in the manner the parties request. This is especially true when it is unclear what “Plaintiff’s
execution activities” mean. (Doc. 26-1 at 2). The parties, of course, are free to enter into
any settlement agreement to resolve this case and to be enforced as any other contract
in state court. But the Court declines to retain jurisdiction over the terms of an undisclosed
settlement agreement.
Accordingly, it is now
ORDERED:
(1) The parties’ Joint Motion for Entry of Consent Final Judgment (Doc. 26) is
DENIED.
(2) The parties must jointly advise the Court, in writing, on or before August 9,
2017, how they wish to proceed. Failure to respond will result in the Court
administratively closing the case with prejudice in accordance with the
Local Rules.
DONE and ORDERED in Fort Myers, Florida this 2nd day of August, 2017.

Copies: All Parties of Record

2