Opinion
Case No. 3:02-cv-004.
December 30, 2005
CONDITIONAL DISMISSAL ORDER
The parties hereto having agreed to a settlement of this case on the record in open court on December 27, 2005, and having consented to entry of this Order by the Magistrate Judge, IT IS ORDERED that this action (including all claims by all parties) be, and it hereby is, DISMISSED WITH PREJUDICE, provided that any of the parties may, upon good cause shown not later than January 29, 2006, reopen the action if settlement is not consummated. The parties may substitute a judgment entry contemplated by the settlement agreement upon approval of the Court or a stipulated dismissal entry. Parties intending to preserve this Court's jurisdiction to enforce the settlement should be aware of Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 114 S. Ct. 1673, 128 L.Ed. 2d 391, 1994, and incorporate appropriate language in any substituted judgment entry.
This Court explicitly retains jurisdiction to enforce the settlement agreement reached by the parties, on motion or sua sponte.
Each party shall bear its own costs.