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Other Statutory Actions | New Jersey
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Magistrate Judge Ethan A. Hougah added. Magistrate Judge Ann Marie Donio no longer assigned to case. (mmb)
Civil Rights: Americans with Disabilities - Other | New Jersey
Text Order ~Util - Terminate Motions
TEXT ORDER - The Court is in receipt of Plaintiffs' motions to reopen the Parties' settlement agreement, ECF Nos. 27-29, and the various submissions from both Parties, ECF Nos. 30, 32-36. After the Parties settled, the Court dismissed this action with prejudice on May 9, 2017. ECF No. 26. As Defendants correctly note in their opposition to Plaintiffs' first motion, unless a court's dismissal order "incorporates the underlying settlement agreement or expressly retains jurisdiction," that court may not entertain motions to enforce the settlement agreement or for breach of the settlement agreement absent some "independent basis for... jurisdiction." ECF No. 30 at 3 (citing Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 380-81 (1994)). Here, the Court's dismissal order did not reference or incorporate the settlement agreement; nor did the Court expressly retain jurisdiction. Id. As such, the Court can only entertain Plaintiffs' motions if there is some independent basis for jurisdiction. Kokkonen, 511 U.S. at 381-82. Because the Court does not see any independent basis that could supply jurisdiction, Plaintiffs' motions (ECF Nos. 27-29) are DENIED. So Ordered by Judge Claire C. Cecchi on 7/24/2026. (jl, )
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