SIERRA CLUB v. Johnson

Filing 20

ORDER that parties have until 6/10/09 to advise court on how they wish to proceed re 19 Joint MOTION to Approve Consent Judgment. Signed by Chief Judge Barbara B. Crabb on 5/27/09. (krj)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------S IER R A CLUB, P la i n t i f f , v. LISA P. JACKSON, in her official capacity as Administrator, United States Environmental Protection Agency, D efendan t. --------------------------------------------T he parties have filed a joint motion for the court's entry of a consent decree in this c as e. Dkt. #19. Having reviewed the consent decree, I have noted one problem. The p arties ask the court to enter final judgment in the case (or dismiss it with prejudice) and retain jurisdiction to enforce any future settlement disputes. The Court of Appeals for the S eventh Circuit has held that these two goals are incompatible. "A settlement agreement, . . . unless jurisdiction to enforce the agreement is retained (meaning that the suit has not been dismissed with prejudice), is enforced just like any other contract." Lynch v. ORDER 0 8 - cv -6 6 4 - b b c

S am ataM aso n, Inc., 279 F.3d 487, 489 (7th Cir. 2002); see also White v. Adams, 2009 WL 7738 77, *1 (7th Cir. Mar. 25, 2009); Blue Cross Blue Shield Association v. American

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E xp ress Company, 467 F.3d 634, 636 (7th Cir. 2006); Shapo v. Engle, 463 F.3d 641, 643 (7th Cir. 2006) ("A[] serious problem is the conjunction of dismissal with prejudice with retention of jurisdiction to enforce the settlement agreement."). Therefore, I cannot dismiss the suit with prejudice and terminate federal jurisdiction and at the same time retain jurisdiction to enforce the parties' settlement. Shapo, 463 F.3d at 643. At this point, there appear to be two options. First, the court can dismiss the case w ith prejudice but not retain jurisdiction over future settlement disputes, requiring the parties to file a separate suit in the appropriate court to enforce their contract. Second, the co urt can dismiss the case without prejudice and retain jurisdiction over the settlement agreem en t. I will give the parties until June 10, 2009 in which to consider the issue and advise me on how they wish to proceed. E n tered this 27t h day of May, 2009. B Y THE COURT:

/s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ B AR B AR A B. CRABB D istrict Judge

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