Ricks v. Albitre et al

Filing 52

ORDER DISMISSING Action pursuant to Stipulation of Voluntary Dismissal, with prejudice, and Retaining Jurisdiction to Enforce Settlement Agreement Pending Fulfillment of Terms and Receipt of Declaration Attesting to Fulfillment of Terms,signed by District Judge Lawrence J. O'Neill on 12/18/2014. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONALD RICKS,

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Plaintiff,
v.
B. ALBITRE, et al.,
Defendants.

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_____________________________________/

Case No. 1:13-cv-00039-LJO-DLB (PC)
ORDER (1) DISMISSING ACTION
PURSUANT TO STIPULATION OF
VOLUNTARY DISMISSAL, WITH
PREJUDICE, AND (2) RETAINING
JURISDICTION TO ENFORCE
SETTLEMENT AGREEMENT PENDING
FULFILLMENT OF TERMS AND RECEIPT
OF DECLARATION ATTESTING TO
FULFILLMENT OF TERMS
(Doc. 51)

The parties to this action reached a monetary settlement agreement on June 12, 2014, and

19 the settlement agreement was placed on the record by United States Magistrate Judge Sheila K.
20 Oberto, who conducted the settlement conference. Defendants anticipate it will take one-hundred
21 eighty days for the agreed upon funds to be deposited in Plaintiff’s prison trust account, although
22 it may take place sooner or later than one-hundred eighty days.
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As set forth by Judge Oberto, the Court shall retain jurisdiction to enforce the settlement

24 agreement until such time as Defendants Cavazos, Davis, and Lozano’s counsel files a declaration
25 stating that the terms of the settlement have been fulfilled and the agreed upon funds have been
26 deposited in Plaintiff’s trust account. Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 378, 114
27 S.Ct. 1673 (1994); Alvarado v. Table Mountain Rancheria, 509 F.3d 1008, 1017 (9th Cir. 2007);
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1 Ortolf v. Silver Bar Mines, Inc., 111 F.3d 85, 87-88 (9th Cir. 1997); Hagestad v. Tragesser, 49
2 F.3d 1430, 1433 (9th Cir. 1995).
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The parties filed a signed stipulation of voluntary dismissal of this action, with prejudice,

4 on June 17, 2014. Fed. R. Civ. P. 41(a)(1)(A)(ii).
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According, it is HEREBY ORDERED that (1) this action is dismissed, with prejudice,

6 pursuant to the parties’ stipulation of dismissal, and (2) the Court shall retain jurisdiction to
7 enforce the settlement agreement until such time as Defendants Cavazos, Davis, and Lozano’s
8 counsel files a declaration stating that the terms of the settlement have been fulfilled and the
9 agreed upon funds have been deposited in Plaintiff’s trust account. Fed. R. Civ. P. 41(a)(2).
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SO ORDERED
11 Dated: June 18, 2014
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/s/ Lawrence J. O’Neill
United States District Judge

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