Kern County Hospital Authority v. UnitedHealthcare Insurance Company, et al.

Filing 44

ORDER closing action and retaining jurisdiction to enforce the settlement agreement signed by Magistrate Judge Jennifer L. Thurston on 8/15/2019. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KERN COUNTY HOSPITAL AUTHORITY, )
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Plaintiff,
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v.
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UNITEDHEALTHCARE INSURANCE
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COMPANY, et al.,
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Defendants.
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Case No.: 1:18-cv-0473 - DAD - JLT
ORDER CLOSING THE ACTION AND
RETAINING JURISDICTION TO ENFORCE THE
SETTLEMENT AGREEMENT.

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The parties have stipulated to the action being dismissed with prejudice and with each side

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bearing their own fees and costs. (Doc. 43 at 2.) Because the settlement will not be completed by

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September 6, 2019, they ask the Court to dismiss the case but allow that the dismissal to be effective

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ten days later.

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The Federal Rules of Civil Procedure Rule 41 makes such stipulations effective immediately

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with further order of the Court. Because all parties who have appeared in the action signed the

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stipulation (Doc. 22), it “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d

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688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this action. To

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allow the settlement to be effectuated, the Court will retain jurisdiction to enforce the settlement.

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IT IS SO ORDERED.
Dated:

August 15, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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