Davis v. Magnolia Lady, Inc.

178 F.R.D. 473, 8 Am. Disabilities Cas. (BNA) 148, 1998 U.S. Dist. LEXIS 2598, 1998 WL 97802
CourtDistrict Court, N.D. Mississippi
DecidedFebruary 25, 1998
DocketNo. CIV.A. 2:96CV189-D-D
StatusPublished

This text of 178 F.R.D. 473 (Davis v. Magnolia Lady, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Magnolia Lady, Inc., 178 F.R.D. 473, 8 Am. Disabilities Cas. (BNA) 148, 1998 U.S. Dist. LEXIS 2598, 1998 WL 97802 (N.D. Miss. 1998).

Opinion

MEMORANDUM OPINION

DAVIDSON, District Judge.

By memorandum opinion and order dated December 15, 1997, this court granted the defendant’s motion for summary judgment and closed this case. Davis v. Lady Luck, Civil Action No. 2:96cv189-D-D (N.D.Miss. Dec. 16, 1997) (Memorandum Opinion and [474]*474Order dated December 15, 1997). The clerk of this court, however, did not enter this court’s order onto the official court docket pursuant to Fed.R.Civ.P. 79(a) until December 16, 1997. Also on December 16, 1997, the parties entered into a settlement agreement whereby the plaintiff agreed to move to dismiss her claims in this cause in exchange for the receipt of $10,000.00. This court was not aware at any time before the December 16 entry of final judgment by the clerk that the parties contemplated or entered into a settlement agreement. Likewise, there is no indication that the parties were aware of this court’s December 15 opinion and order until after they had entered into a settlement agreement.

As a consequence of this court’s prior opinion and order, the defendant has declined to make payment to the plaintiff pursuant to the terms of the settlement agreement. The plaintiff has filed with this court her motion for relief from judgment and to “approve and enforce” the settlement agreement. The defendant’s position is that this court’s memorandum opinion and order of December 15 dismissed all of the plaintiff’s claims. Therefore, the defendant contends, the settlement agreement of December 16 is voidable pursuant to well established contractual principles, on the basis of a mutual mistake of the parties. See, e.g., Mississippi State Highway Com’n v. Patterson Enterprises Ltd., 627 So.2d 261, 263 (Miss.1993); Restatement (Second) Of Contracts, § 152.

[G]ood faith is not the test. If the representation was false, and the [other contracting party] was justified in relying upon it, then [that party] agreed to the release under a mistake ... and she therefore is not bound thereby.

Penn Mutual Life Insurance Co. v. Nunnery, 176 Miss. 197, 210, 167 So. 416, 418 (1936). Here, the asserted mistake of fact was that the plaintiffs claims were pending before this court at the time the settlement was entered into by the parties.

This court does not find the argument persuasive, as it is premised on a single erroneous assumption — that the effective date of this court’s December 15, 1997 opinion and order was the day that it was signed. As expressly dictated by the Federal Rules of Civil Procedure, final judgments issued by this court are not effective until properly entered upon the docket of this court by the clerk. Fed.R.Civ.P. 58 (“A judgment is effective only when ... entered as provided by Rule 79(a).”). Therefore, the judgment in this matter dismissing the plaintiff’s claims did not become final until December 16, 1997 — the same day that the parties consummated the settlement agreement. Defendant’s Response to Plaintiff’s Motion, p. 3 (“Sometime after 2:00 p.m. [on December 16, 1997], counsel for Lady Luck communicated its acceptance of Plaintiff’s counter-offer of settlement to Plaintiff’s counsel.”). Were this court required to determine which came first on December 16, 1997, this court’s task might prove Herculean.

Thankfully, this court need not decide that question, for the undersigned chooses to withdraw this court’s opinion and order of December 15 and moot the issue. In that no party has yet filed an appeal of this court’s final judgment of December 16, this court retains full jurisdiction over the ease at bar. See, e.g., Winchester v. U.S. Atty. for Southern Dist. of Texas, 68 F.3d 947, 948 (5th Cir.1995) (noting appeal generally divests district court of jurisdiction); Travelers Ins. Co. v. Liljeberg Enters., 38 F.3d 1404,1407 n. 3 (5th Cir.1994) (explaining nature of district court’s jurisdiction after appeal filed). This court’s continuing jurisdiction over its own orders encompasses the right to withdraw any entered order, and therefore the undersigned may sever this Gordian knot with the sword of equity. In any event, the court notes that the plaintiff is additionally entitled to relief pursuant to Federal Rule of Civil Procedure 60(b) regardless of the particular timing of the settlement and entry of judgment.

If the parties’ settlement agreement preceded the entry of judgment by the clerk of this court, then the plaintiff is entitled to relief pursuant to Fed.R.Civ.P. 60(b)(1), which permits this court to grant relief from judgment on the grounds of mistake. It would be this court’s mistake of fact, ie., that the parties had not settled the claims at bar before entry of judgment by the clerk, that [475]*475justifies relief in that instance. The undersigned would most certainly prefer to be kept informed regarding the status of any settlement negotiations in order to avoid situations such as the one at bar. Nevertheless, this court cannot have reasonably expected the parties to have known about this court’s December 15 opinion and order at the time they finalized settlement negotiations. In order to encourage settlement of pending claims, the parties must be able to rely upon the finality of settlement. Therefore, the court can say with all sincerity that had it been informed of the settlement agreement prior to the entry of final judgment by the clerk, the undersigned would have directed the clerk of this court not to docket this court’s December 15 opinion and order.

Should the settlement ultimately prove to have occurred after the entry of judgment by the clerk of this court, however, the undersigned believes that relief is warranted through the application of Fed. R.Civ.P. 60(b)(6):

Rule 60(b)(6) provides that a court may “relieve a party ... from a final judgment ... for ... any other reason justifying relief from the operation of the judgment.” Rule 60(b) sets out five specific bases for granting relief from a final judgment, followed by clause (b)(6). We have held that this clause’s “ ‘any other reason’ language refers to any other reason than those contained in the five enumerated grounds on which a court may grant a Rule 60(b) motion.” Government Fin. Sews. One Ltd. Partnership v. Peyton Place, Inc., 62 F.3d 767, 773 (5th Cir.1995) (citing cases). Although we frequently have recognized that “ ‘Rule 60(b)(6) is a grand reservoir of equitable power to do justice in a particular ease when relief is not warranted by the preceding clauses,”’ e.g., id. (quoting Harrell v. DCS Equip. Leasing Corp.,

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Bluebook (online)
178 F.R.D. 473, 8 Am. Disabilities Cas. (BNA) 148, 1998 U.S. Dist. LEXIS 2598, 1998 WL 97802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-magnolia-lady-inc-msnd-1998.