Acosta v. Extreme Connections, Inc. et al

Filing 19

ORDER Directing the Clerk of the Court to Close the Case, signed by Magistrate Judge Sheila K. Oberto on 3/7/18. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JOSE ACOSTA, No. 1:17-CV-01215-AWI-SKO 11 Plaintiff, 12 ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THE CASE v. (Doc. 18) 13 14 EXTREME CONNECTIONS, INC. dba EXTREME CONNECTIONS, et al., 15 ) Defendants. 16 17 On March 6, 2018, the parties filed a Joint Stipulation to dismiss the matter with 18 prejudice.1 (Doc. 18.) In light of the parties’ Stipulation, this action has been terminated, see 19 Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and 20 has been dismissed with prejudice. Accordingly, the Clerk of the Court is DIRECTED to close 21 this case. 22 23 IT IS SO ORDERED. 24 1 25 26 27 28 The parties also requested that the Court “retain jurisdiction to enforce the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381-82 (1994).” (Doc. 18 at 2.) The Court, in its discretion, declines the parties’ request. See Kokkonen, 511 U.S. at 381; Camacho v. City of San Luis, 359 F. App’x 794, 798 (9th Cir. 2009); cf. California Sportfishing Prot. All. v. Agric. Mgmt. & Prod. Co., Inc., No 2:14-cv-02328-KJM-AC, 2016 WL 4796841, at *1 (E.D. Cal. Sept. 14, 2016) (noting that “the court in its discretion typically declines to maintain jurisdiction to enforce the terms of the parties’ settlement agreement,” but making “an exception: and retaining jurisdiction where the parties “engaged in significant settlement discussions with the assigned magistrate judge prior to ultimately settling according to terms of their Consent Agreement”). 1 2 Dated: March 7, 2018 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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