Opinion
CASE NO: 8:09-cv-1805-T-26AEP.
October 21, 2010
ORDER
Before the Court is Plaintiff's Motion to Enforce Confidential Settlement Agreement and for Entry of Final Judgment. (Dkt. 44). After careful consideration of the file, the Court concludes that the motion should be denied because this Court lacks jurisdiction to enforce the settlement agreement attached as Exhibit A to the motion. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 379-381, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994); Bender v. Allegra, 130 F.3d 990, 994 (11th Cir. 1997). The 60-day order entered by the Court does not contain a reservation of jurisdiction to enforce the settlement agreement in the event of default, and the sixty days have passed. The parties' Stipulation for Dismissal Without Prejudice, which states that "the parties stipulate that this Court shall retain jurisdiction to enforce the terms of the Parties' Confidential Settlement Agreement," cannot bestow jurisdiction on the Court. Absent a reservation of jurisdiction made by the Court, ancillary jurisdiction does not encompass enforcing a settlement agreement in a dismissed case. Accordingly, Plaintiff's motion (Dkt. 44) is DENIED. DONE AND ORDERED at Tampa, Florida, on October 21, 2010.
See docket 42.
See docket 43.