United States District Court, N.D. Ohio
OPINION & ORDER [RESOLVING DOCS. 58, 59]
S. GWIN UNITED STATES DISTRICT JUDGE
22, 2018, the Court granted the Cuyahoga County
Defendants' unopposed motion for summary judgment on
all of Plaintiff Adam Bartlett's claims. The Court entered
a final judgment on this matter. The case is now closed.
Bartlett now moves for relief from judgment and moves to
enforce a settlement that he says he reached with the County
Defendants before the Court's May 22 order. The County
Defendants oppose both motions.
admits he failed to tell the Court that he had reached an
oral agreement with the County Defendants as early as April
20, 2018. However, Plaintiff argues he should be
relieved from judgment for excusable neglect because the
parties were in the process of finalizing the written
settlement a few days before the May 22 order. Plaintiff argues
that the Court should enforce the settlement agreement
because Plaintiff had signed the written agreement on May
The County, however, notes that it never signed the written
Court first finds that no excusable neglect exists under
Federal Rule of Civil Procedure 60(b)(1) to relieve
Plaintiff from judgment. Plaintiff claims he reached an oral
agreement more than a month before the Court issued its May
22 order. In that time, the deadline to oppose the County
Defendants' summary judgment motion passed; and Plaintiff
and his counsel never informed the Court of the possible
settlement to avoid an adverse ruling. The Court will not
excuse this neglect.
Court next finds that it lacks jurisdiction to enforce any
possible settlement agreement.
final judgment entry, the Court does not have ancillary
jurisdiction over a motion to enforce a settlement agreement
unless the dismissal order (1) contains a separate provision
retaining jurisdiction in the district court over the
settlement agreement or (2) incorporates the settlement
Court's final judgment dismissing the case did neither.
And because the dispute concerns a separate and unrelated
breach-of-contract claim among non-diverse parties, the Court
has no independent subject matter jurisdiction over the
matter. The enforcement of any settlement
agreement is more properly pursued in the state courts.
Court DENIES the motion for relief from judgment and DENIES
the motion to enforce.
 The Cuyahoga County Defendants include
C.O. Corporal Bailey, C.O. John Mirrotto, C.O. Brian
Cartwright, Cuyahoga County, and various John and Jane Doe