Henson et al v. Ironton, City of

Filing 42

OPINION, MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Motion to Enforce Settlement [Doc. No. 30 ] is denied. Signed by District Judge Henry E. Autrey on 01/22/2014. (CLK)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION GARY HENSON, BECKY HENSON, Plaintiff, vs. IRONTON, CITY OF, Defendant. ) ) ) ) ) ) ) ) ) No. 4:11CV2245 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on the Motion to Enforce Settlement [Doc. No. 30] filed by Defendant. Plaintiff has filed opposition to the motion. For the reasons stated below the motion is denied. Factual Background This case came before this court on removal jurisdiction on December 30, 2011. Subsequent to that the court was informed that the parties had achieved a settlement. Thereafter, on November 15, 2012 the Plaintiffs filed a Stipulation for Dismissal with Prejudice, [Doc. No. 28], which the court ordered and entered. On July 3, 2013 Defendant filed its Motion to Enforce Settlement. Discussion It is elementary that Article III courts are courts of limited jurisdiction. “They possess only that power authorized by the Constitution and statute...” “It is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction....” Kokkonen v. Guardian Life Insurance Company of America, 114 S. Ct. 1673, 511 U. S. 375, 377(S Ct., 1994) (citations omitted). The Court entered dismissal in this matter pursuant to Federal Rule of Civil Procedure 41 (a) (1) (ii). There was nothing in the order of dismissal or in the Settlement Agreement attached as a exhibit in the filings wherein the Court retained any jurisdiction over the settlement agreement between the parties. As such this Court is without subject matter jurisdiction to entertain this dispute. Accordingly, IT IS HEREBY ORDERED that the Motion to Enforce Settlement [Doc. No. 30] is denied. Dated this 22nd day of January, 2014. _________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?