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)

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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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