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Civil Rights: Other | Florida Middle
Order
TEXT ORDER. The parties have filed a Joint Stipulation for Dismissal with prejudice. (Doc. 30). In the Stipulation, the parties assert that the Court "reserves jurisdiction to enforce the terms of any settlement agreement between the parties." (Id.). However, the Court's retention of jurisdiction over the case to enforce a settlement agreement is not automatic and cannot be effected by agreement of the parties alone. See generally Order, Golden Gate Chiropractic Ctr. Inc. v. Nationwide Ins. Co. of Am., No. 2:20-cv-849-JLB-NPM (M.D. Fla. Dec. 18, 2020). Further, a "stipulation becomes effective upon filing unless it explicitly conditions its effectiveness on a subsequent occurrence." Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Here, the parties neither expressly condition their Stipulation on the Court retaining jurisdiction, nor have they made any such request of the Court. Accordingly, the Stipulation is self-executing, and the Clerk of Court is DIRECTED to terminate any pending motions and deadlines and close the file. Signed by Judge John L. Badalamenti on 2/16/2023. (WJF)
Stipulation of Dismissal
STIPULATION of Dismissal by Carmine Marceno, Jonathan Roedding. (Olivo, Geraldo)
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