Johnson v. Chanthilack et al

Filing 18

DISMISSAL ORDER signed by Judge Garland E. Burrell, Jr on 8/13/13 DISMISSING action without prejudice pursuant to settlement of action. CASE CLOSED. (Meuleman, A)

Johnson v. Chanthilack et al

Doc. 18

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Scott N. Johnson,
Plaintiff,

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v.

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Sue Chanthilack, Individually
and d/b/a Bangkok Restaurant;
Phetmany Chantrilack,
Individually and d/b/a Bangkok
Restaurant; Chandara Som,
Individually and d/b/a Salon
Concepts; Wei Song, Individually
and d/b/a Sunny Day Spa; Michael
Tran, Individually and d/b/a
Glossy Nails; Colonial Plaza,
Defendants.
________________________________
Defendant

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Colonial

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Plaza

2:12-cv-00080-GEB-CKD
DISMISSAL ORDER

Commercial

Properties,

LLC

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(“Defendant”) filed a document on August 6, 2013, in which it requests

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a further status conference be scheduled and states, inter alia, “[t]his

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matter has settled as to all parties.” (Notice of Further Status

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Conference 1:25, ECF No. 17.)

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Since the parties have settled this action, and Defendant has

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not provided reason for the Court to continue exercising jurisdiction

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over enforcement of the settlement, this action is dismissed without

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prejudice. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375,

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382

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jurisdiction over a provision of a settlement agreement], enforcement of

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the settlement agreement is for state courts, unless there is some

(1994)

(“Absent

[the

federal

court’s

agreement

to

exercise

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Dockets.Justia.com

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independent basis for federal jurisdiction.”); see also Jessup v.

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Luther, 277 F.3d 926, 929 (2002) (stating “[a] settlement is just

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another contract to be enforced in the usual way, that is, by a fresh

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suit”).

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Dated:

Therefore, this action shall be closed.
August 13, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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