United States of America v. State of North Carolina

Filing 13

ORDER granting 2 Motion to Dismiss. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 10/5/2012. (Edwards, S.)

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLlNA

WESTERN DIVISION

Case No. 5:12-cv-557

THE UNITED STATES OF AMERICA,
Plaintiff,

v.
STATE OF NORTH CAROLINA,
Defendant.

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ORDER

For good cause shown, and in consideration of the Parties' Joint Motion to Dismiss
without Prejudice and Retain Jurisdiction, the Court hereby GRANTS the Joint Motion and
conditionally dismisses the above-titled action pursuant to Federal Rule of Civil Procedure
41 (a)(2). The Court specifically retains jurisdiction to enforce the Settlement Agreement, which
was filed with the Court as Exhibit A to the Parties' Joint Motion, in accordance with its terms
for the duration of the Agreement. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S.
375, 381 (1994) (recognizing that a federal district court may retain jurisdiction to enforce a
"dismissal-producing settlement agreement" in its order); Columbus-American Discovery Group
v. Atlantic Mut. Ins. Co., 203 F.3d 291, 299 (4th Cir. 2000) (finding that dismissal order stating
that "[t]he Court retains jurisdiction to enforce the settlement of the parties" granted the district
court jurisdiction to enforce a settlement agreement). Defendant specifically does not waive its
right to file an Answer and assert any affirmative defenses that may be available to it in the event

that the Settlement Agreement becomes null and void and the United States elects to revive any
claims otherwise barred by operation of the Settlement Agreement.
,.)

OJ

SO ORDERED this _~ day of _ _ _, 2012.

~e1.,
J4eSC<Fox
Senior United States District Judge

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