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Other Statutory Actions | New York Eastern
Order on Motion to Enforce Judgment
ORDER: The court is in receipt of Plaintiff Caprate Events, LLC's 62 motion to enforce a settlement agreement filed "pro se." (Mot. (Dkt. 62) at 20.) A Limited Liability Company "may appear in federal court only through a licensed attorney." Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). The motion is therefore DENIED. The court further notes that "a district court does not automatically retain jurisdiction to hear a motion to enforce a settlement agreement simply by virtue of having disposed of the original case." Hendrickson v. United States, 791 F.3d 354, 358-59 (2d Cir. 2015) (citations omitted). "[T]o retain ancillary jurisdiction over enforcement of a settlement agreement,... a district court's order of dismissal must either (1) expressly retain jurisdiction over the settlement agreement, or (2) incorporate the terms of the settlement agreement in the order." Id. Here, the parties agreed to dismiss this action with prejudice pursuant to a settlement agreement. (See Dkt. 59.) This court then ordered dismissal in an order that did not incorporate the terms of the settlement or retain jurisdiction over the enforcement of the settlement. (See generally Dkt. 60.) It's therefore unclear that the court has subject matter jurisdiction to enforce the terms of the settlement agreement. Hendrickson, 791 F.3d at 358 ("[A] motion to enforce a settlement agreement is fundamentally a claim for breach of a contract, part of the consideration of which was dismissal of an earlier federal suit, and therefore requires its own basis for jurisdiction.") (citations omitted). The lack of jurisdiction would provide a separate reason for the denial of Plaintiffs motion. So Ordered by Judge Nicholas G. Garaufis on 6/7/2024. (ER)
Enforce Judgment
MOTION to Enforce Judgment by Caprate Events, LLC. (Attachments: # 1 Exhibits A-E, # 2 Exhibits F-J) (TLH)
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