Concrete Washout Systems Inc. v Genesis Concrete Inc.

Filing 19

ORDER RE SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr on 3/8/12 ORDERING a dispositional document shall be filed no later than 4/20/12. Failure to respond by this deadline may be construed as consent to dismissal of this action without prejudice, and a dismissal order could be filed. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CONCRETE WASHOUT SYSTEMS, INC.,
a California corporation,

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Plaintiff,
v.

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GENESIS CONCRETE, INC.; CHARLES
A. COLOSIMO JR.; and DOES 1-100,

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Defendants.
________________________________

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2:11-cv-01913-GEB-DAD
ORDER RE: SETTLEMENT AND
DISPOSITION

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Plaintiff filed a “Stipulation for Settlement and Dismissal”
on March 6, 2012, in which it states:
[The parties] hereby stipulate and agree to
settle this matter on the following terms:
1.

GENESIS and COLOSIMO shall pay to CONCRETE
WASHOUT the total sum of $27,000.00 as
follows: $9,000.00 on or before February 24,
2012; $9,000.00 on or before March 17, 2012;
and, $9,000.00 on or before April 17, 2012.

2.

CONCRETE WASHOUT shall deliver to GENESIS a
written License Agreement in the form attached
hereto as Exhibit A, allowing GENESIS to use
the concrete washout containers that are the
subject of this litigation, subject to the
restrictions imposed in the attached License
Agreement. The License may be revoked by
CONCRETE WASHOUT for only the following
reasons: the failure of GENESIS and COLOSIMO
to timely pay the sums provided above in
section no. 1, which failure continues for

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more than 7 days following written notice from
CONCRETE WASHOUT’s attorney to defendant’s
attorney, or, the failure of GENESIS to comply
with the terms of the attached License
Agreement.

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3.

Upon receipt of the full amounts provided
above in section no. 1., CONCRETE WASHOUT
shall cause to be filed a Stipulation for
Dismissal, with prejudice, of the entire
action.

4.

Each party shall bear its own costs and
attorney’s fees. Therefore, a dispositional
document shall be filed no later than June 6,
2011. Failure to respond by this deadline may
be construed as consent to dismissal of this
action without prejudice, and a dismissal
order could be filed. See E.D. Cal. R. 160(b)
(“A failure to file dispositional papers on
the date prescribed by the Court may be
grounds for sanctions.”).

5.

This Court shall retain jurisdiction to
enforce the Settlement between the parties. If
any party is alleged to have breached the
terms of this Stipulation for Settlement, any
other party shall have the right to reopen
this matter upon motion filed and heard on an
expedited basis. If this matter is reopened,
the moving party may pursue any and all
remedies it may have against the party alleged
to have breached the terms of this Stipulation
for Settlement.

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(ECF No. 18, 1:20-2:23.)
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Therefore, a dispositional document shall be filed no later
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than April 20, 2012. Failure to respond by this deadline may be
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construed as consent to dismissal of this action without prejudice, and
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a dismissal order could be filed. See E.D. Cal. R. 160(b) (“A failure to
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file dispositional papers on the date prescribed by the Court may be
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grounds for sanctions.”). However, the court declines to exercise
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ancillary jurisdiction over the parties’ settlement since sufficient
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justification has not been provided justifying the request. See Arata v.
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Nu Skin Intern., Inc., 96 F.3d 1265, 1269 (9th Cir. 1996)(“[T]he mere
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fact that the parties agree that the court should exercise continuing

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jurisdiction is not binding on the court.”).

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Dated:

March 8, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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