Edmonds v. Signature Vanguard Solutions, LLC.

Filing 15

ORDER STRIKING Motion to Enforce Settlement Agreement [Doc. 9], signed by Magistrate Judge Sandra M. Snyder on 10/21/2010. (Herman, H)

Edmonds v. Signature Vanguard Solutions, LLC.

Doc. 15

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 Defendant. 14 15 Plaintiff Sheri Edmonds moves for enforcement of a purported settlement agreement with 16 Defendant Signature Vanguard Solutions, LLC. Defendant does not respond to Plaintiff's 17 motion. 18 According to Plaintiff, the parties allegedly agreed to settle the dispute underlying this 19 action for $500.00 damages and $2495.00 fees and costs on April 23, 2010, after Defendant was 20 served in this action, but before Defendant answered or otherwise appeared. Because the 21 purported settlement agreement was never incorporated into the record of this action, nor 22 provided as part of Plaintiff's enforcement motion, no agreement is before this Court to enforce. 23 In addition, because Defendant has never appeared in this action, this Court lacks 24 jurisdiction over it. As a result, the Court can neither grant nor deny Plaintiff's enforcement 25 motion. (In light of Defendant's failure to follow through on the purported settlement agreement 26 or to appear in this action in its own defense, as well as its apparent decision not to retain the 27 attorneys who negotiated the settlement agreement on behalf of Defendant, this Court wonders 28 /// 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT

SHERI EDMONDS, Plaintiff, v. SIGNATURE VANGUARD SOLUTIONS, LLC,

CASE NO. 1:09-cv-02136-AWI-SMS

ORDER STRIKING MOTION TO ENFORCE SETTLEMENT AGREEMENT

(Doc. 9) /

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at Plaintiff's hesitation to declare Defendant's default in this action by requesting that the Clerk enter default against it.) Accordingly, this Court hereby STRIKES Plaintiff's motion to enforce.

IT IS SO ORDERED. Dated: icido3 October 21, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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