CP Produce, LLC v. Quality Fresh Farms, Inc., et al.

Filing 25

ORDER Closing Case Following Stipulation of Dismissal without Prejudice signed by District Judge Dale A. Drozd on 02/9/2018. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CP PRODUCE, LLC,

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No. 1:18-cv-00077-DAD-EPG

Plaintiff,
v.
QUALITY FRESH FARMS, INC.,
RANJODH BILLAN, and GURDEEP S.
BILLAN,

ORDER CLOSING CASE FOLLOWING
STIPULATION OF DISMISSAL WITHOUT
PREJUDICE

Defendants.

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On February 7, 2018, the parties in this action filed a stipulation of dismissal, requesting

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that the court dismiss the action without prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal

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Rules of Civil Procedure. (Doc. No. 24.) Dismissals under this provision are effective without an

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order of the court and dismissal is automatic upon the filing of the stipulation. See Wilson v. City

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of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (noting that dismissals under Rule 41(a)(1) are

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“effective on filing and no court order is required”); see also Comm. Space Mgmt. Co., Inc. v.

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Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999).

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The parties also request that the court retain jurisdiction to enforce their confidential

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settlement agreement. (Doc. No. 24.) Federal courts may, within their discretion, retain

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jurisdiction over settlement agreements reached out of court. See Kokkonen v. Guardian Life Ins.

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Co. of Am., 511 U.S. 375, 381 (1994). The decision to retain jurisdiction is discretionary and not
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mandatory. See HM Elec., Inc. v. R.F. Techs., Inc., No. 12-cv-2884-BAS-MDD, 2016 WL

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4063806, at *1 (S.D. Cal. Feb. 17, 2016). The court will retain jurisdiction here to interpret and

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enforce the terms of the settlement agreement in light of the future actions anticipated pursuant to

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that agreement.

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The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
Dated:

February 9, 2018
UNITED STATES DISTRICT JUDGE

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