Opinion
Civil Action No. 3:00-CV-0053-G
November 27, 2002
MEMORANDUM ORDER
Before the court is the motion of the plaintiff Dannie G. Neal ("Neal"), filed October 3, 2002, for an arbitration award and judgment against the defendant Lanier Professional Services, Inc. ("Lanier"). For the reasons stated below, the motion is denied.
On October 24, 2001, the court dismissed Neal's claims against Lanier and its codefendant Harris Corporation ("Harris"). Judgment (entered October 25, 2001); see also Neal v. Lanier Professional Services, 2001 WL 1335860, at *3 (N.D.Tex. Oct. 24, 2001) (Fish, J.). When all claims against all defendants are dismissed, the court ceases to exercise jurisdiction and the case is closed. See, e.g., Taylor v. Shell Offshore, Inc., 700 F. Supp. 314, 315 (M.D.La. 1988) (dismissing state law claims for lack of subject matter jurisdiction once federal law claims were dismissed). Although the dismissal of Neal's claims against LPS was without prejudice to the arbitration of those claims, this caveat, contrary to Neal's apparent understanding, did not mandate arbitration but instead merely allowed Neal to pursue arbitration of his claims against Lanier. The conduct of the parties after entry of the judgment on October 25, 2001 lies outside the court's purview in this case.
The court did not reserve jurisdiction to order arbitration at a later date. Cf. Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 377-78 (because federal courts are courts of limited jurisdiction, district court lacked power to enforce settlement agreement after case was dismissed pursuant to the settlement; enforcement of the settlement agreement "requires its own basis for jurisdiction"). Jurisdiction over this dispute having been ended by the judgment entered October 25, 2001, the court now lacks authority to issue an order compelling arbitration. See Moses H. Cone Memorial Hospital v. Mercury Construction Corporation, 460 U.S. 1, 25 n. 32 (1983) ("Section 4 [of the Federal Arbitration Act] provides for an order compelling arbitration only when the federal district court would have jurisdiction over a suit on the underlying dispute.")
Plaintiff's motion for an arbitration award and judgment is DENIED.