Opinion
Case No. C2-06-292.
May 20, 2008
ORDER
With agreement of the parties, the Court will hold its decision regarding subject-matter jurisdiction over the Williamson Plaintiffs' claims in abeyance pending resolution of the parties' appeal of the district court's decision in Williamson v. Recovery Ltd. P'ship, No. 06 Civ. 5724, 2006 WL 102089 (S.D. N.Y. Jan. 16, 2007). As described by the parties in their briefs, after they initiated the instant action, the Williamson Plaintiffs filed a second lawsuit in the Southern District of New York. The complaint in the New York action mirrors the Amended Complaint in this case. The district court in New York ruled that the non-disclosure and lease agreements, which are at issue in this case, are, in fact, maritime in nature. The district court did not reach the issue of whether the maritime nature of such agreements arises out of the salvage of the SS Central America and, if so, whether they must be heard in the Eastern District of Virginia. A decision from the Court of Appeals for the Second Circuit on these matters, while not binding, may assist the Court with the issues presently before it. Defendants are directed to notify the Court of the Court of Appeals for the Second Circuit's decision once it is issued. The Court will consider whether to direct additional briefing at that time.
Defendants have appealed, and have briefed these issues at length in the merits briefs at the Second Circuit. The Court of Appeals has heard oral argument in the case.
The Dispatch and Fanta Plaintiffs and Defendants agree that the Court has continuing jurisdiction over the Consent Order, and the case law support this position. See, e.g., Waste Management of Ohio v. City of Dayton, 132 F.3d 1142, 1145-46 (6th Cir. 1997) (holding that a consent decree is a settlement agreement "subject to continued judicial policing"). In this case, the Court issued its Consent Order on July 20, 2006, well before the Williamson Plaintiffs filed their Amended Complaint on February 9, 2007 deleting reference to the salvage claims. The Court concludes that it retains jurisdiction to interpret and enforce its Consent Order. To that end, this matter, as it relates to Defendants and the Dispatch and Fanta Plaintiffs, is scheduled for a STATUS CONFERENCE on JUNE 5, 2008 at 10:30 A.M.
IT IS SO ORDERED.