Ruiz Food Products, Inc. v. Meigs et al

Filing 23

ORDER CLOSING CASE Following Stipulation of Dismissal without Prejudice signed by District Judge Dale A. Drozd on 11/1/2018. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RUIZ FOOD PRODUCTS, INC., a
California Corporation,
Plaintiff,

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No. 1:18-cv-00317-DAD-EPG

ORDER CLOSING CASE FOLLOWING
STIPULATION OF DISMISSAL WITHOUT
PREJUDICE

v.
RUSSELL MEIGS, an individual, AMY
LOEWUS, an individual, INDUSTRIAL
BAKERY TECHNICAL SERVICE, LLC,
a Colorado Corporation, and DOES 1
through 10, inclusive,

(Doc. No. 22)

Defendants.

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On October 31, 2018, the parties filed a joint stipulation dismissing this action without
prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). (Doc. No. 22.)
Under Rule 41(a)(1)(A)(ii), a plaintiff may dismiss an action without a court order if he or

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she files “a stipulation of dismissal signed by all parties who have appeared.” In light of the

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voluntary dismissal signed by all parties who have appeared, this action has terminated, see Fed.

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R. Civ. P. 41(a)(1)(A)(ii), and has been dismissed without prejudice.

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

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settlement agreement. (Doc. No. 22 at 4.) 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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Pursuant to the parties’ stipulation dismissing this case pursuant to Rule 41(a)(1)(A)(ii),

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the Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated:

November 1, 2018
UNITED STATES DISTRICT JUDGE

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