Opinion
CASE NO.: 1:07CV1720.
November 26, 2007
ORDER (Resolving Doc. #9)
This matter comes before the Court on Plaintiff's Motion for Judgment against Christian D. Laettner and Brian Davis by Confession. (Doc. #9) Under Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994), the Supreme Court determined that a district court could retain jurisdiction to enforce a settlement agreement by either: (1) expressly including a provision retaining jurisdiction in the order of dismissal; or (2) by incorporating the terms of the settlement agreement in the dismissal order. Neither occurred in this case. Here, Plaintiff filed a Rule 41 dismissal with prejudice against the Defendants and did not include language preserving this Court's jurisdiction. (Doc. #7) This Court marginally accepted the dismissal and dismissed the action. (Doc. #8) Therefore, this Court no longer has subject matter jurisdiction over this matter. Plaintiff's Motion is DENIED.
So ordered.