Electronic Recyclers International, Inc. v. Calbag Metals, Co.

Filing 40

ORDER signed by Judge Kimberly J. Mueller on 10/7/15 ORDERING that this action is DISMISSED with prejudice. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELECTRONIC RECYCLERS
INTERNATIONAL, INC. a corporation,
Plaintiff,

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No. 1:14-cv-01352-KJM-SMS

ORDER
v.
CALBAG METALS CO., a corporation,
and DOES 1 to 100,
Defendant.

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Pursuant to plaintiff and defendant’s stipulation of dismissal (ECF No. 39), and
Federal Rule of Civil Procedure 41(a) this action is DISMISSED with prejudice.

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The court in its discretion declines to maintain jurisdiction to enforce the terms of

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the parties’ settlement agreement. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381

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(1994); cf. Collins v. Thompson, 8 F.3d 657, 659 (9th Cir. 1993). Unless there is some

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independent basis for federal jurisdiction, enforcement of the agreement is for state courts.

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Kokkonen, 511 U.S. at 382.

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IT IS SO ORDERED.
DATED: October 7, 2015.

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UNITED STATES DISTRICT JUDGE