Brisson et al v. Ford Motor Company

Filing 42

ORDER ATTACHED denying 41 Motion to Vacate. Signed by Judge Richard A. Lazzara on 12/11/2009. (CCB)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DAVID BRISSON, TERRI BARFIELD, ROBERT ORMORD, and on behalf of themselves and all others similarly situated, Plaintiffs, v. FORD MOTOR COMPANY, Defendant. / ORDER Upon due consideration, it is ordered and adjudged that Plaintiffs' Motion to Vacate (Dkt. 41) is denied. Contrary to Plaintiffs' counsel's unfounded accusation that this Court acted "impulsively" in granting Defendant's motion to vacate, the only effect of the Court's most recent order was to return this case to the legal status which it should have occupied, consistent with Eleventh Circuit precedent as embodied in Matthews v. Gaither, 902 F.2d 877 (11th Cir. 1990), at the instant Plaintiffs filed the notice of voluntary dismissal, nothing more, nothing less. Furthermore, it would be strange indeed if this Court were to lack the jurisdictional authority to vacate an order which it had no jurisdiction to issue in the first place. DONE AND ORDERED at Tampa, Florida, on December 11, 2009. CASE NO: 8:08-cv-2491-T-26MAP

s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE
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