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
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