Filed: Aug. 04, 2016
Latest Update: Aug. 04, 2016
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on the Plaintiff, Patricia Kennedy and Hong Vien Thi Le, Trustee Under The Mission Square Unit 3 Land Trust's, Joint Stipulation for Approval and Entry of Consent Decree and Dismissal of Case with Prejudice (Doc. #58) filed on August 1, 2016. Plaintiff and Defendant have reached an agreement to resolve this case by way of a Consent Decree to improve access to persons with disabilities, stipulated to the C
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on the Plaintiff, Patricia Kennedy and Hong Vien Thi Le, Trustee Under The Mission Square Unit 3 Land Trust's, Joint Stipulation for Approval and Entry of Consent Decree and Dismissal of Case with Prejudice (Doc. #58) filed on August 1, 2016. Plaintiff and Defendant have reached an agreement to resolve this case by way of a Consent Decree to improve access to persons with disabilities, stipulated to the Co..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on the Plaintiff, Patricia Kennedy and Hong Vien Thi Le, Trustee Under The Mission Square Unit 3 Land Trust's, Joint Stipulation for Approval and Entry of Consent Decree and Dismissal of Case with Prejudice (Doc. #58) filed on August 1, 2016. Plaintiff and Defendant have reached an agreement to resolve this case by way of a Consent Decree to improve access to persons with disabilities, stipulated to the Court retaining jurisdiction to enforce the terms of the Consent Decree, and to dismiss this case with prejudice.
The Consent Decree provides for the Court to maintain jurisdiction over the case or the consent decree is voided pursuant to Anago Franchise Financing, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). However, Anago states "[t]o retain jurisdiction to enforce a settlement agreement, the court itself must act; agreement by the parties is not enough." Id. (citing SmallBizPros 618 F.3d at 464 n. 4 (speculating that a situation might arise in which a district court may lack jurisdiction to enforce a settlement agreement because it issued no order retaining jurisdiction even though the parties expressly provide for ancillary jurisdiction in their stipulation for dismissal). Thus, it is the Court's discretion on whether or not to retain jurisdiction over the matter and not the stipulation of the Parties to the consent decree. The Parties have agreed that all modifications to the respective units in the property will be made by December 31, 2016. As such, the Court will retain jurisdiction over the matter until that time. The Court will approve the Consent Decree and dismiss this case with prejudice.
Accordingly, it is now
ORDERED:
(1) Plaintiff Patricia Kennedy and Defendant Hong Vien Thi Le, Trustee Under The Mission Square Unit 3 Land Trust's Joint Stipulation for Approval and Entry of Consent Decree and Dismissal of Case with Prejudice (Doc. #58) is GRANTED.
(2) The Consent Decree is APPROVED, and the Court will retain jurisdiction over its enforcement through and including January 1, 2017.
(3) The Clerk of Court shall enter judgment dismissing this case with prejudice and subject to the terms of the Consent Decree, which shall be attached to the judgment (with exhibits).
(4) The Clerk is further directed to terminate all pending motions and deadlines and to close this file.
DONE and ORDERED.
