Federal Deposit Insurance Corporation v. Cobalt Partners, LLC et al

Filing 173

ORDER DISMISSING CASE without prejudice. The Court shall retain jurisdiction over this matter solely to enforce the parties' settlement agreement. Signed by Chief Judge J. Randal Hall on 11/30/17. (cmr)

IN THE UNITED

STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

CADLEROCK III,

*

LLC,

Plaintiff,
*

v.

ALBERTO ALVAREZ;

RODNEY M.

COOK,

WILLIAM M.

CV

413-099

ADAM BEELER;

JR.;

TUTTLE,

*

and

II,

Defendants.

ORDER

On May

149.)

25,

2017,

this matter

was

set

for

trial.

At the pretrial conference held on August 16,

parties

principal

announced

and

Accordingly,

that

would

this

they

no

matter

had

longer
was

settled

be

removed

their

proceeding
from the

(Doc.

2017,

the

dispute

in

to

Court's

trial.
trial

calendar.

On November 29,

of

Dismissal

Without

2017,

the parties filed their Stipulation

Prejudice

and

Joint

Motion

to

Retain

Jurisdiction to Enforce Settlement Agreement and Enter Judgment

in Case of Default..

(Doc. 172.)

In their motion, the parties

expressly state they have executed a formal settlement agreement

resolving their dispute and request the Court to dismiss the

present action without prejudice pursuant to Federal Rule of
Federal Procedure 41 while retaining jurisdiction to enforce the

parties'

settlement

agreement

event of a default thereon.1
Upon

due

under

Rule

Plaintiff's

claims

PREJUDICE.

The

Clerk

is

deadlines and CLOSE this

jurisdiction

over

the

this

the

IT

123,

125

(11th

order either

Inc.

DIRECTED

case.

Cir.

E.M.

2010)

incorporates

judgment

IS

to

that

in

the

are

TERMINATE

all

solely

enforce

to

the terms

that

motions

and

shall retain

the

parties'

See Disability Advocates

Kendall Realty,

a

ORDERED

is

DISMISSED WITHOUT

however,

("When

dismissal

THEREFORE

The Court,

matter

v.

a

finds

Defendants

aforementioned settlement agreement.

Counseling Grp.,

enter

Court

41(a)(2).

against

to

(Id. )

consideration,

appropriate

and

Inc.,

district

of the

366 F.

court's

&

App'x

dismissal

settlement agreement

or expressly retains jurisdiction to enforce the settlement,

the

agreement functions as a consent decree that the district court

has jurisdiction to enforce."
Ins.

Co.

of Am.,

511 U.S.

(citing Kokkonen v.

375,

380-82

(1994);

Guardian Life

Smalbein ex rel.

Estate of Smalbein v.

City of Daytona Beach,

353 F.3d 901,

905

(11th Cir.

2003);

Disability Ass'n,

v.

289

F.3d 1315,

1320-21

1 In their motion,

Am.

(11th Cir.

Inc.

Chmielarz,

2002)).

the parties "request that the Court enter the attached

proposed Order dismissing the case without prejudice and retaining
jurisdiction to enforce the Settlement Agreement and to enter a judgment in

the case of default."

(Doc. 172.)

Notably, the parties have^ failed ^to

attach the aforementioned proposed order to their motion or otherwise provide
a copy thereof to the Court.

(See id.)

ORDER ENTERED at Augusta,
/OYCwJe^

Georgia this _<^£6)__" daY of

2017.

-^_

J. RlANB^Z HALL/ CHIEF JUDGE

UNITjjjTSTATES DISTRICT COURT
?HERN

DISTRICT

OF

GEORGIA