Elawyers Elawyers
Washington| Change

DIRECTV, LLC v. LEE, 15-cv-00429-PAB-KLM. (2015)

Court: District Court, D. Colorado Number: infdco20150507a69 Visitors: 1
Filed: May 06, 2015
Latest Update: May 06, 2015
Summary: ORDER PHILIP A. BRIMMER , District Judge . This matter is before the Court on the Motion to Approve Consent Judgment [Docket No. 16] filed by plaintiff. Plaintiff requests that the court approve and enter the attached Motion on Consent [Docket No. 16-1] executed by both parties. Docket No. 16 at 1. The Motion on Consent requests that the Court enter an order granting judgment in favor of plaintiff and against defendants, jointly and severally, for the sum of $50,000 and dismissing this case
More

ORDER

This matter is before the Court on the Motion to Approve Consent Judgment [Docket No. 16] filed by plaintiff. Plaintiff requests that the court approve and enter the attached Motion on Consent [Docket No. 16-1] executed by both parties. Docket No. 16 at 1. The Motion on Consent requests that the Court enter an order granting judgment in favor of plaintiff and against defendants, jointly and severally, for the sum of $50,000 and dismissing this case with prejudice with each party to bear its own costs and fees. Docket No. 16-1. The parties also request that the Court retain jurisdiction over this case "for the enforcement of the Order." Docket No. 16-1.

A district court may retain jurisdiction over a case to enforce the terms of a settlement agreement provided that the order of dismissal shows an intent to retain jurisdiction. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 380-81 (1994). However, "[e]xcept in extraordinary circumstances, the Court will not retain jurisdiction . . . over cases that have been settled.. . . Any motion or stipulation for dismissal requesting that the Court retain jurisdiction after dismissal shall explain in detail the extraordinary circumstances necessitating such an approach." Practice Standards (Civil Cases), Judge Philip A. Brimmer § I.H.5. The parties do not identify any extraordinary circumstances and, upon review, no such circumstances are apparent to the Court. As a result, the Court will not retain jurisdiction over this case.

Wherefore, it is

ORDERED that the Motion to Approve Consent Judgment [Docket No. 16] and the Motion on Consent [Docket No. 16-1] is GRANTED in part and DENIED in part. It is further

ORDERED that the Clerk of the Court shall enter judgment in favor of plaintiff and against defendants, jointly and severally, in the amount of $50,000.00. It is further

ORDERED that this case is dismissed with prejudice. Each party shall bear its own costs and fees.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer