JORDAN v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 37

ORDER denying 33 Motion to Compel Defendants to Honor Settlement. Signed by Chief Magistrate Judge Maureen P. Kelly on 7/12/17. A copy of this order will be mailed this day, 7/12/17, to Plaintiff at his address of record. (ard)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DAVID JORDAN,

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Plaintiff,

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VS.

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PENNSYLVANIA DEPARTMENT OF
CORRECTIONS, JOHN E. WETZEL, in his
official capacity as Acting Secretary of the
Pennsylvania Department of Corrections,
Defendants.

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Civil Action No. 11-556
Magistrate Judge Maureen P. Kelly

Re: ECF No. 33

ORDER

Before the Court is a Motion to Compel Defendants to Honor Settlement, filed by
Plaintiff David Jordan. ECF No. 33. Defendant filed a Response to the Motion, ECF No. 36.
Plaintiff also submitted an additional filing in support of his Motion, ECF No. 35.
Plaintiff moves for this Court to enforce a settlement agreement he claims was reached in
this case in 2012. However, as Defendants point out, this Court is without jurisdiction over this
matter. In this Court's August 29, 2012, Order approving the parties' Stipulation of Dismissal,
this Court approved dismissal of this case with prejudice. ECF No. 32. No reference to or
incorporation of a settlement agreement was made as part of the Order. Further, the Order did
not contain any language whereby the Court expressly retained jurisdiction over the settlement.
Accordingly, this Court lacks jurisdiction to enforce any settlement agreement. See Kokkonen v.
Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994); Pew v. Torma, Civ. A. No. 03-1728, 2015
U.S. Dist. LEXIS 85711 (W.D. Pa. July 1, 2015).

AND NOW, this

12th

day of July, 2017, for the reasons set forth above, Plaintiffs Motion

to Compel Defendants to Honor Settlement, ECF No. 33, is DENIED without prejudice for
Plaintiff to seek relief in an appropriate state court.

1

BY THE COURT:

MAUREENP.
Y
CHIEF UNITED STATES MAGIST
cc:

TE JUDGE

All counsel ofrecord via CM/ECF
David Jordan
DOC #HB1748
SCI - Forest
P.O. Box 945
Marienville, PA 16289

1 The Court notes with appreciation the efforts made by counsel for Defendants, outlined in ECF No. 36 at 5 n.2, to
ensure that the medical staff at SCI-Forest, where Plaintiff has been transferred, is aware of and in compliance with
the relevant terms of the settlement agreement.