Bryant v. Train Depot, Inc. et al

Filing 11

ORDER DIRECTING the Clerk of the Court to Close the Case 10 , signed by Magistrate Judge Sheila K. Oberto on 2/7/2018. (CASE CLOSED)(Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RACHEL BRYANT, 12 Plaintiff, 13 14 No. 1:17-cv-01459-DAD-SKO v. ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THE CASE TRAIN DEPOT, INC., et al., (Doc. 10) 15 Defendants. 16 17 18 On February 6, 2018, the parties filed a joint stipulation dismissing the action with 19 prejudice.1 (Doc. 10.) In light of the parties’ stipulation, this action has been terminated, see Fed. 20 R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has 21 been dismissed with prejudice. Accordingly, the Clerk of the Court is directed to close 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. 10 at 2.) The Court in its discretion declines the parties’ request. See id. 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-cv02328-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 Dated: February 7, 2018 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 2 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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