Joe Hand Promotions, Inc. v. Day

Filing 17

STIPULATION and ORDER 15 for Dismissal of Complaint signed by Judge Garland E. Burrell, Jr. on 8/4/2010. This action is DISMISED without prejudice and Court has DECLINED to retain jurisdiction over parties' Settlement Agreement. (Marciel, M)

Joe Hand Promotions, Inc. v. Day

Doc. 17

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dismissal On July 23, 2010, the parties filed a joint "Stipulation of of Plaintiff's Complaint," which states "it is hereby v. DAVID MICHAEL DAY, individually and d/b/a NICK'S NIGHT CLUB a/k/a OFF LIMITS, Defendant. JOE HAND PROMOTIONS, INC., Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) 2:10-cv-0095-GEB-KJN ORDER DISMISSING PLAINTIFF'S COMPLAINT AND DECLINING TO RETAIN JURISDICTION OVER THE PARTIES' SETTLEMENT AGREEMENT UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

stipulated... that the above-entitled action is hereby dismissed without prejudice... and subject to the Court's jurisdiction to enforce the settlement agreement reached between the Parties." 1:17-23.) The parties further state if "no Party (Docket No. 15, . . . has filed a

motion to reopen this action by May 1, 2011, the dismissal shall be deemed with prejudice." (Id., 2:2-3.)

Although the parties request this court retain jurisdiction to enforce their settlement agreement, the court declines to do so. The

parties have not provided the settlement terms over which they seek to have the court exercise jurisdiction, and there is no indication that an independent basis for federal jurisdiction exists.

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

"[T]he mere fact that the parties agree that the court should exercise continuing jurisdiction [over a settlement agreement] is not binding on the court." Arata v. Nu Skin Int'l, Inc., 96 F.3d 1265, 1268

(9th Cir. 1996) (citations omitted). "A federal court may refuse to exercise continuing jurisdiction [over a settlement agreement] even though the parties have agreed to it. Parties cannot confer jurisdiction by stipulation or consent." Collins v. Thompson, 8 F.3d 657, 659 (9th Cir. 1993) (citations omitted). court's agreement to exercise Therefore, "[a]bsent [the federal jurisdiction over a settlement],

enforcement of the settlement agreement is for state courts, unless there is some independent basis for federal jurisdiction." Guardian Life Ins. Co. of Am., 511 U.S. 375, 382 (1994). Accordingly, this action is dismissed without prejudice and shall be closed. IT IS SO ORDERED. August 4, 2010 Kokkonen v.

GARLAND E. BURRELL, JR. United States District Judge