Streiff Jewelry Co. v. United Parcel Service

Summary

The court denied the plaintiff’s renewed motion for relief from a dismissal order under Federal Rule of Civil Procedure 60(b) and denied its related motion concerning possible disposition. It held that a settlement provision requiring concealment of the fact that the court’s prior opinion was vacated for settlement purposes violated public policy, while the remainder of the settlement remained enforceable. The court ordered that a certified copy of the order and attachments be transmitted to the Eleventh Circuit for inclusion in the appellate record.

Holdings

1. A settlement provision that required the court to create the misleading appearance that it had vacated its prior opinion on the merits, rather than because of the parties' settlement, violated public policy and was unenforceable.
2. The invalid nondisclosure provision was severable, leaving the remainder of the settlement agreement enforceable.
3. Relief from the order of dismissal was not warranted because none of the grounds identified in Rule 60(b) applied.

Questions Presented

1. Whether the plaintiff was entitled to relief under Federal Rule of Civil Procedure 60(b) from the order dismissing the action with prejudice based on the parties' settlement.
2. Whether a settlement provision requiring the court to conceal that the prior opinion was vacated because of settlement was contrary to public policy and therefore unenforceable.
3. Whether invalidity of the nondisclosure provision rendered the remainder of the settlement unenforceable.

Disposition

other