Facts

On August 5, 2019, Hellenic Petroleum filed suit against Mansfield Oil Company of Gainesville and Margie Lang asserting breach of contract and other state law claims. A settlement agreement and release was entered between the parties wherein Hellenic would pay a total of $950,000 to Mansfield over the course of three years. The agreement also provided that if Hellenic defaulted, a judgment of $1.2 million, less any payments, could be entered against it. Also under the agreement, if Hellenic defaulted, it could not oppose entry of judgment nor seek review or challenge the judgment's validity. The parties then filed a stipulation for dismissal without prejudice and for the court to retain jurisdiction to reopen the case, set aside the dismissal and enter final judgment if the settlement was breached. On July 17, 2020, Magistrate Judge Sheila Oberto entered an order recognizing the parties' stipulation but declined the parties' request for the court to retain jurisdiction over the action to enforce the settlement's terms. On January 12, 2020, Mansfield requested for the court to reopen the case.

PLAINTIFF'S CONTENTIONS: Plaintiff neither filed an opposition nor statement of non-opposition.

DEFENDANTS' CONTENTIONS: Defendant Mansfield contended that after plaintiff missed making certain payments, the parties entered an Addendum to the Settlement Agreement and modified the payment schedule. Though plaintiff initially complied with this revised schedule, defendant asserted that plaintiff stopped making payments after November 2021. Accordingly, Mansfield requested that the court enter a $924,914.77 judgment representing the balance, as plaintiff had already paid $275,085.23. Moreover, defendant argued that though the court did not retain jurisdiction to enforce the settlement agreement, the court may still exercise diversity jurisdiction: defendant is a Georgia corporation, plaintiff is a Florida company, and the amount of controversy was satisfied.

Result

Defendant's motion to reopen the case, set aside the voluntary dismissal without prejudice and enter final judgment was granted. Moreover, the clerk was directed to enter judgment in favor of defendant in the amount of $924,914.77.