Pogue v. Tilton

Filing 176

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/22/2011 DENYING 175 Motion to enforce settlement agreement filed by L. Qiyam Pogue. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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L. QIYAM POGUE,
Plaintiff,

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No. CIV S-05-1873 MCE GGH P

vs.
JAMES TILTON, et al.,
Defendants.

ORDER
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On July 7, 2010, counsel for the parties filed a stipulation for voluntary dismissal

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of this action with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), which closed this case.

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Some nine months later, plaintiff pro se has filed a motion/request for the court to enforce the

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settlement agreement. Plaintiff includes a copy of a copy of the settlement agreement showing

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signatures of both himself and his counsel. Motion, pp. 3-6. By his motion, plaintiff pro se

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alleges that defendants have only paid him $1,127.71 of the $1200.00 which he is owed, pursuant

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to the settlement agreement, leaving a shortfall of $72.79 [sic]. Id. at 1-3, 9.

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Plaintiff provides no basis for the court’s continuing jurisdiction in this matter and

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the court’s review of the settlement agreement plaintiff provides indicates therein no provision

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for a basis for the court’s continued jurisdiction. O’Connor v. Colvin, 70 F.3d 530, 531 (9th Cir.

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1995), citing Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 114 S. Ct. 1673,
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1676-77 (1994), stated:
[T]he Supreme Court held that federal courts do not have inherent
or ancillary jurisdiction to enforce a settlement agreement simply
because the subject of that settlement was a federal lawsuit. When
the initial action is dismissed, federal jurisdiction terminates. Id.
A motion to enforce the settlement agreement, then, is a separate
contract dispute requiring its own independent basis for
jurisdiction. Id.

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Plaintiff’s motion will be denied.
Accordingly, IT IS ORDERED that plaintiff’s motion to enforce the settlement

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agreement, filed on April 8, 2011 (docket # 175), is denied.

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DATED: April 22, 2011

/s/ Gregory G. Hollows
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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GGH:009

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pogu1873.ord.

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