Clarke v. Pacifica Foundation et al

Filing 55

MEMORANDUM & ORDER: The Court concludes that it lacks jurisdiction to enter the requested judgment and plaintiff's motion 52 for judgment based on settlement is DENIED. Ordered by Judge Frederic Block on 6/1/2016. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ANDREA R. CLARKE,
Plaintiff,
-against-

MEMORANDUM AND ORDER
No. 07-CV-4605 (FB) (CLP)

PACIFICA FOUNDATION, WBAI New
York Radio Station 99.5 FM, and
ROBERT SCOTT ADAMS,
Defendants.
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Appearances:
For the Plaintiff:
JULIA CATANIA, ESQ.
Brown Rudnick LLP
7 Times Square
New York, New York 10036

For the Defendants:
OLIVER HULL, ESQ.
320 West Main Street
Sayville, New York 11782

BLOCK, Senior District Judge:
This case was dismissed in 2012 based on the parties’ stipulation. The plaintiff
now alleges that defendant Robert Scott Adams has breached the settlement agreement
that led to the stipulation of dismissal, and asks the Court to enter judgment in
accordance with a confession of judgment executed by Adams as part of the
settlement. Despite notice of the plaintiff’s request, Adams has not responded.
A district court does not automatically retain jurisdiction to enforce a settlement
agreement in a matter before it. If court approval is required, it may make compliance

with the agreement a condition of dismissal. Even if court approval is not required,
it may “so order” a stipulation of dismissal that lays out the terms of the settlement.
“Absent such action, however, enforcement of the settlement agreement is for state
courts, unless there is some independent basis for federal jurisdiction.” Kokkonen v.
Guardian Life Ins. Co., 511 U.S. 375, 382 (1994).
The Court’s dismissal order was unconditional.

It did not endorse the

stipulation, which, in any event, did not refer to the confession of judgment or any
other terms of the settlement. Although the parties appear to be residents of different
states, the amount in controversy—less than $15,000—does not satisfy the minimum
for diversity jurisdiction. No other independent basis for federal jurisdiction is
apparent. Accordingly, the Court concludes that it lacks jurisdiction to enter the
requested judgment.
SO ORDERED.

/S/ Frederic Block_____________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
June 1, 2016

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