Longhini v Golf Safari
ORDER re 15 Stipulation of Dismissal filed by Douglas Longhini. Plaintiff Douglas Longhini and Golf Safari, Inc.'s Joint Stipulation of Dismissal with Prejudice 15 is GRANTED in part and DENIED in part. This case is DISMISSED with pr ejudice, but the Court declines to retain jurisdiction to enforce the parties' confidential settlement agreement. The Clerk is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 10/10/2017. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DOUGLAS LONGHINI, an individual
Case No: 2:17-cv-252-FtM-38MRM
GOLF SAFARI, INC.,
This matter comes before the Court on Plaintiff Douglas Longhini and Golf Safari,
Inc.’s Joint Stipulation of Dismissal with Prejudice. (Doc. 15). The parties have executed
a confidential settlement agreement and now request the Court to dismiss this case with
prejudice. They also request the Court to retain jurisdiction to enforce their settlement
Federal Rule of Civil Procedure 41 allows a plaintiff to dismiss an action voluntarily
if all parties who have appeared sign a stipulation of dismissal.
Fed. R. Civ. P.
41(a)(1)(A)(ii). This 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).
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In accordance with Rule 41, the Court will dismiss this case with prejudice. But it
declines to retain jurisdiction over this case to enforce the parties’ confidential settlement
agreement. The parties are not without recourse, as they may independently enforce
their agreement in a separate state court action.
Accordingly, it is now
(1) Plaintiff Douglas Longhini and Golf Safari, Inc.’s Joint Stipulation of Dismissal
with Prejudice (Doc. 15) is GRANTED in part and DENIED in part. This case
is DISMISSED with prejudice, but the Court declines to retain jurisdiction to
enforce the parties’ confidential settlement agreement.
(2) The Clerk is DIRECTED to enter judgment accordingly, terminate all pending
motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 6th day of October 2017.
Copies: All Parties of Record
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