Tri-Dam v. Mayar
Filing
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ORDER re: Stipulation of Dismissal Without Prejudice Pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii), signed by Magistrate Judge Erica P. Grosjean on 5/8/2024. CASE CLOSED. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TRI-DAM,
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Case No. 1:23-cv-01204-EPG
Plaintiff,
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ORDER RE: STIPULATION OF DISMISSAL
WITHOUT PREJUDICE PURSUANT TO
FED. R. CIV. P. 41(a)(1)(A)(ii)
v.
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KHALID JOSEPH MAYAR,
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(ECF No. 17).
Defendants.
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On May 6, 2024, the parties filed a joint stipulation for dismissal with prejudice pursuant
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to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 17). The parties’ stipulation states
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that the parties have agreed that the Court shall retain jurisdiction to enforce the settlement
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agreement. (ECF No. 17 at 1; see also id. at 4-11, Exhibit A, “Compromise Settlement
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Agreement and Mutual General Release of All Claims” ¶ 16).
In light of the parties’ stipulation (ECF No. 17), this action has been terminated, Fed. R.
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Civ. P. 41(a)(1)(A)(ii), and has been dismissed with prejudice.
Further, the Court will retain jurisdiction to enforce the terms of the settlement agreement
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for no longer than six months from the date of this order.1 See Kokkonen v. Guardian Life Ins. Co.
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of Am., 511 U.S. 375, 381-82 (1994)) (district courts may retain ancillary jurisdiction to enforce
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settlement agreements).
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The Court declines to retain jurisdiction indefinitely.
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Accordingly, the Clerk of Court is directed to close this case.
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IT IS SO ORDERED.
Dated:
May 8, 2024
/s/
UNITED STATES MAGISTRATE JUDGE
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