Sesolinc GRP, Inc. v. Metal-Con, Inc. et al
ORDER DISMISSING CASE re 74 STIPULATION of Dismissal. Plaintiff's claims against Defendants are dismissed. The Clerk is directed to terminate all motions and deadlines and close this case. The Court, however, shall retain jurisdiction over this matter solely to enforce the parties aforementioned settlement agreement. Signed by Chief Judge J. Randal Hall on 03/06/2018. (thb)
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
SESOLINC GRP, INC.,
METAL-CON, INC.; LARISCY
MECHANICAL FABRICATORS, INC.;
and DERON EDWIN LARISCY,
Before the Court is the parties' stipulation of dismissal.
Therein, the parties state that they have executed a
Court to dismiss this case, ''subject only to a party's right to
enforce the settlement agreement and the right to re-open in
the event of
claimed default in following
The stipulation is signed by all parties in
Upon due consideration, the Court finds that dismissal is
appropriate under Federal Rule of Civil Procedure 41(a).
THEREFORE ORDERED that Plaintiff's claims against Defendants are
to TERMINATE all
deadlines and CLOSE this case.
The Court, however, shall retain
aforementioned settlement agreement.
See Disability Advocates &
Counseling Grp., Inc. v. E.M. Kendall Realty^ Inc., 366 F. App'x
123, 125 (11th Cir. 2010) (''When a district court's dismissal
order either incorporates the terms of the 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." (citing Kokkonen v. Guardian Life
Ins. Co. of Am., 511 U.S. 375, 380-82 (1994); Smalbein ex rel.
Estate of Smalbein v. City of Daytona Beach, 353 F.3d 901, 905
(11th Cir. 2003); Am. Disability Ass'n, Inc. v. Chmielarz, 289
F.3d 1315, 1320-21 (11th Cir. 2002)).
ORDER ENTERED at Augusta, Georgia this
day of March,
HALK, CHIEF JUDGE
STATES DISTRICT COURT
SOUTHFIRN DISTRICT OF GEORGIA
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