Cain v. Tiffin Motor Homes

Filing 27

ORDER. The Motion [ECF No. 25] is DENIED. This case is DISMISED WITH PREJUDICE. The Clerk of Court is directed to CLOSE this case. All pending deadlines are TERMINATED, and any pending motions are DENIED as moot. Signed by Judge David S. Leibowitz on 11/22/2024. See attached document for full details. (lsk)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:24-cv-20541-LEIBOWITZ/LOUIS
CRYSTAL CAIN,
Plaintiff,
v.
TIFFIN MOTOR HOMES, INC.,
Defendant.
__________________________________________/
ORDER
THIS CAUSE comes before the Court on Defendant Tiffin’s Motion to Enforce Settlement
(the “Motion”) [ECF No. 25], filed on October 2, 2024. The deadline to file a response to the Motion
was due on October 16, 2024, but Plaintiff failed to file a response. On October 29, 2024, the Court
issued an Order to Show Cause, requiring Plaintiff to show cause by November 6, 2024 why the
Motion should not be granted by default pursuant to Rule 7.1(c)(1) of the Local Rules for the Southern
District of Florida. [ECF No. 26]. Alternatively, Plaintiff could respond to the Motion by the same
date. [Id.]. To date, Plaintiff has failed to respond to the Order to Show Cause or to the Motion. The
Court, having considered the Motion and being fully advised, will deny the Motion.
Rule 7.1(c)(1) of the Local Rules for the Southern District of Florida requires that “each party
opposing a motion shall file and serve an opposing memorandum of law no later than fourteen (14)
days after service of the motion. Failure to do so may be deemed sufficient cause for granting the
motion by default.” In this case, the time for filing a response to the Motion has passed, and Plaintiff
has not served a response. However, the Court will not grant the Motion by default because it does
not have jurisdiction over the Settlement Agreement.

On August 7, 2024, the parties filed a Joint Notice of Settlement advising the Court that “they
have just reached a binding, full settlement of this action, which they expect to be fully consummated
within the next forty-five to sixty days.” [ECF No. 23]. On the same date, the Court ordered the
parties “to file a stipulation of all claims signed by all parties pursuant to Rule 41(a) of the Federal
Rules of Civil Procedure within sixty (60) days from the date of this Order. If such papers are not
filed within the time specific, this matter will be dismissed, and the Court will be divested of
jurisdiction to enforce the settlement agreement.” [ECF No. 24]. The parties never filed a stipulation
of all claims pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Thus, this matter must
be dismissed, and the Court does not have jurisdiction to enforce the Settlement Agreement.
Accordingly, it is hereby ORDERED AND ADJUDGED that the Motion [ECF No. 25] is
DENIED. This case is DISMISED WITH PREJUDICE. The Clerk of Court is directed to
CLOSE this case. All pending deadlines are TERMINATED, and any pending motions are
DENIED as moot.
DONE AND ORDERED in the Southern District of Florida on November 22, 2024.

cc:

counsel of record

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