Opinion
No. 08CV451.
March 31, 2008
AGREED ORDER OF DISMISSAL
The parties hereby agree that this case has been settled and all issues and controversies have been resolved to their mutual satisfaction. The parties request the Court to retain jurisdiction to enforce the terms of their Settlement Agreement under the authority of Kokkonen v. Guardian Life Insurance Company of America , 511 U.S. 375, 381-82 (1994):
IT IS HEREBY ORDERED:
1) The parties shall comply with the terms of their Settlement Agreement entered into on March 4, 2008.
2) By consent of the parties, the Court hereby specifically retains jurisdiction for the purpose of enforcing the terms and provisions of the parties' Settlement Agreement.
3) That in the event Defendant falls to comply with the provisions of this Order upon motion filed by Plaintiffs, the Court shall enter judgment in the amount remaining due and owing, pursuant to the provisions of the parties Settlement Agreement filed herewith.
4) Except as provided for in Paragraphs 1, 2 and 3 above, this case is being dismissed, without prejudice, and this Order is being entered to allow the parties to enforce the terms and provisions of the Settlement Agreement.
5) The dismissal, without prejudice, as provided for herein, shall automatically become a dismissal with prejudice, provided that the terms of the Settlement Agreement are complied with, and neither party petitions the Court to vacate the dismissal without prejudice, within 210 days from the date of entry of this Order.