Shangin et al v. Carlson et al

UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
FRED SHANGIN, DENISE BERESKIN, and
MICHAEL ENRIGHT
Plaintiffs,
vs.
DALE L. CARLSON, in personam; and the
F/V TAJAHA, USCG ID Number 644238,
HER ENGINES, MACHINERY,
APPURTENANCES AND CARGO, in rem,
Defendants.
IN ADMIRALTY
No. 3:19-cv-00299-SLG-DMS
REPORT AND RECOMMENDATION
TO GRANT PLAINTIFF’S MOTION TO
DISMISS WITHOUT PREJUDICE
[Dkt. 14]
Plaintiffs Fred Shangin, Denise Bereskin, Michael Enright, and Cecil Kalmakoff
have filed a motion to dismiss this case without prejudice (Dkt. 14). The plaintiffs inform
the Court that a settlement has been reached between the parties and the precise
payment terms have been reduced to writing and agreed to (Dkt. 14). Although they
seek dismissal, the plaintiffs ask the Court to retain jurisdiction over this matter until the
final installment of the settlement is paid in mid-August 2020, at which time the Plaintiffs
promise to promptly notify the Court of the status of settlement (Dkt. 14).
Rule 41(a)(2) of the Federal Rules of Civil Procedure permits a trial court to
dismiss an action without prejudice at the plaintiff’s request, even after an opposing
party has served an answer. Such dismissal may be made “on terms that the court
considers proper.” Fed. R. Civ. P. 41(a)(2). The Supreme Court has observed that as
one of these terms or conditions a court may retain jurisdiction for the purpose of
ensuring the parties’ compliance with the terms of an agreed upon settlement contract.
See Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381 (1994); see also
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Alvarado v. Table Mountain Rancheria, 509 F.3d 1008, 1017 (9th Cir. 2007) (“a federal
court has [ancillary] jurisdiction to enforce a settlement agreement in a dismissed case
when the dismissal order incorporates the settlement terms, or the court has retained
jurisdiction over the settlement contract”).
For these reasons, the Court recommends granting the plaintiffs’ motion at
docket 14 in accordance with the terms of their proposed order at docket 14-1.
DATED this 24 th day of July, 2020 at Anchorage, Alaska.
S/DEBORAH M. SMITH
CHIEF U.S. MAGISTRATE JUDGE
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