Disability Rights North Carolina v. Brajer

Filing 12

ORDER granting 3 Joint Motion to Dismiss Without Prejudice and Retain Jurisdiction - Signed by District Judge Louise Wood Flanagan on 11/9/2016. (Baker, C.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
CIVIL CASE NO.: 5:16-cv-854

Disability Rights North Carolina,
North Carolina’s Protection and
Advocacy System,
Plaintiff,
v.

Richard Brajer, Secretary of the North Carolina
Department of Health and Human Services,
in his official capacity,
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 Plaintiff Disability Rights North
Carolina elects to revive any claims otherwise barred by operation of the Settlement
Agreement.

SO ORDERED this 9th day of November , 2016.

United States District Judge

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