Filed: Mar. 13, 2012
Latest Update: Mar. 13, 2012
Summary: ORDER JOHN J. O'SULLIVAN, Magistrate Judge. THIS MATTER comes before the Court on the Plaintiff[s]' Motion to Enforce Settlement Agreement and for Attorney's Fees and Costs and Incorporated Memorandum of Law (DE# 18, 3/12/12). This matter was referred to the undersigned pursuant to 28 U.S.C. 636(b) for a report and recommendation. See Order of Reference (DE# 20, 3/13/12). In the instant case, the parties reached a final settlement at mediation. See Report of Mediation (DE# 16, 2/22/11).
Summary: ORDER JOHN J. O'SULLIVAN, Magistrate Judge. THIS MATTER comes before the Court on the Plaintiff[s]' Motion to Enforce Settlement Agreement and for Attorney's Fees and Costs and Incorporated Memorandum of Law (DE# 18, 3/12/12). This matter was referred to the undersigned pursuant to 28 U.S.C. 636(b) for a report and recommendation. See Order of Reference (DE# 20, 3/13/12). In the instant case, the parties reached a final settlement at mediation. See Report of Mediation (DE# 16, 2/22/11). ..
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ORDER
JOHN J. O'SULLIVAN, Magistrate Judge.
THIS MATTER comes before the Court on the Plaintiff[s]' Motion to Enforce Settlement Agreement and for Attorney's Fees and Costs and Incorporated Memorandum of Law (DE# 18, 3/12/12). This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b) for a report and recommendation. See Order of Reference (DE# 20, 3/13/12). In the instant case, the parties reached a final settlement at mediation. See Report of Mediation (DE# 16, 2/22/11). On February 23, 2011, the Court dismissed the case without prejudice. See Order Dismissing Case Without Prejudice (DE# 17). The Order provided that: "within thirty (30) days of the date of this Order and upon the filing of both an appropriate joint motion and a fully-executed Settlement Agreement, the Court may amend this Order to approve the settlement, to retain jurisdiction over the Agreement, and/or to dismiss the above-captioned action with prejudice." Id. (emphasis added). Neither party made the requisite filing. The instant motion states that "[t]he settlement agreement signed by the parties provides for Court to retain jurisdiction to enforce the settlement agreement and for the recovery of attorney's fees and costs to the party required to endeavor to enforce the Agreement." Plaintiff[s]' Motion to Enforce Settlement Agreement and for Attorney's Fees and Costs and Incorporated Memorandum of Law (DE# 18 at 4, 3/12/12) (emphasis in original). However, the "[pa]rties cannot, by agreement or otherwise, confer jurisdiction on a court." Wolff v. Cash 4 Titles, 351 F.3d 1348, 1357 (11th Cir. 2003) (citing Ins. Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 702 (1982) ("[N]o action of the parties can confer subject-matter jurisdiction upon a federal court.")). Accordingly, it is
ORDERED AND ADJUDGED that as soon as practicable, but no later than Tuesday, March 27, 2012, the plaintiffs shall file a memorandum of law addressing why this Court has jurisdiction to enforce the parties' settlement agreement. Failure to comply with this Order may result in a recommendation that the Plaintiff[s]' Motion to Enforce Settlement Agreement and for Attorney's Fees and Costs and Incorporated Memorandum of Law (DE# 18, 3/12/12) be denied in its entirety.
DONE AND ORDERED.
