Duggan Family Partnership LLP v. City of Jeffersonville, Georgia

Filing 31

ORDER denying 30 Motion to Reopen Case; denying 30 Motion for Sanctions; denying 30 Motion for Attorney Fees; denying 27 Motion for Hearing. Ordered by Judge Hugh Lawson on 11/30/2010. (nbp)

Duggan Family Partnership LLP v. City of Jeffersonville, Georgia

Doc. 31

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA M A C O N DIVISION D U G G A N FAMILY PARTNERSHIP, LLP, P la in tiff, C iv il Action 5:09-CV-194 (HL) v. C IT Y OF JEFFERSONVILLE, GEORGIA, Defendant. ORDER C u rre n tly before the Court are Plaintiff's Motion to Reopen Case and Motion fo r Sanctions, Attorney's Fees and Costs (Doc. 30) and Motion for Hearing (Doc. 2 7 ). This case was closed after the parties entered into a Consent Order, which was s ig n e d by the Court and filed on March 17, 2010 (Doc. 24). Plaintiff now contends th a t Defendant has failed to comply with certain provisions of the Consent Order, a n d has moved the Court to reopen the case and assess sanctions against D e fe n d a n t. A fte r the Court received the initial draft of the Consent Order, it wrote a letter to counsel outlining several concerns with the proposed order. The Court informed c o u n s e l that it would "not retain jurisdiction of the case for purposes of enforcement o f the order. When the order is entered and the case concluded I expect that to be a n end of the matter and any future disagreements or efforts at enforcement must b e by a new and separate action." (Doc. 21). It is this Court's standard practice not to retain jurisdiction in cases where the parties reach a settlement between

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themselves, and this case is no different. As made clear in the Court's letter to c o u n s e l, if Defendant has failed to comply with the provisions of the Consent Order, P la in tiff should file a new lawsuit. The Motion to Reopen Case (Doc. 30) and Motion fo r Hearing (Doc. 27) are denied.

S O ORDERED, this the 30 th day of November, 2010. s / Hugh Lawson HUGH LAWSON, SENIOR JUDGE

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