Sehic v. Anderson et al

Filing 51

ORDER signed by Magistrate Judge Dale A. Drozd on 2/11/15 re 49 Request to Enforce Settlement Agreement: IT IS ORDERED if appropriate following resolution of plaintiff's appeal, defendants may renew their request through the filing of a noticed motion to enforce the terms of the settlement agreement. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EMIR SEHIC,

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Plaintiff,

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No. 2:12-cv-3030 DAD

v.

ORDER

WILLIAM VAN ANDERSON;
MAYUKA S. ANDERSON,

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Defendants.

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All of the parties in the above-captioned case are proceeding pro se and have consented to

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magistrate judge jurisdiction over this action pursuant to 28 U.S.C. § 636(c)(1). (Dkt. Nos. 4-6.)

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Accordingly, by order filed March 12, 2013, the action was reassigned to the undersigned. (Dkt.

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No. 7.)

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On May 24, 2013, the parties appeared before the court, negotiated a voluntary settlement

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agreement and placed the material terms of that settlement agreement on the record in open court.

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On October 18, 2013, the undersigned issued an order denying plaintiff’s motion to withdraw

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from the settlement agreement, dismissing the action with prejudice, and retaining jurisdiction to

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enforce the material terms of the May 24, 2013 settlement agreement. (Dkt. No. 44.)

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On October 28, 2013, plaintiff filed a notice of appeal of the order denying his motion to

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withdraw from the settlement agreement. (Dkt. No. 45.) On January 5, 2015, defendants filed a

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request to enforce the settlement agreement, (Dkt. No. 49), which plaintiff has opposed. (Dkt.

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No. 50.)
“The filing of a notice of appeal is an event of jurisdictional significance – it confers

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jurisdiction on the court of appeals and divests the district court of its control over those aspects

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of the case involved in the appeal.” Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58

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(1982). See also Small v. Operative Plasterers’ and Cement Masons’ International Ass’n Local

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200, AFL-CIO, 611 F.3d 483, 495 (9th Cir. 2010) (“Because the filing of a notice of appeal . . .

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confers jurisdiction on the court of appeals and divests the district court of its control over those

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aspects of the case involved in the appeal, we conclude that the district court lacked jurisdiction to

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modify the injunction.”).
Accordingly, during the pendency of plaintiff’s appeal, the court lacks jurisdiction to rule

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upon defendants’ request to enforce the terms of the settlement agreement entered into by the

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parties. See Cashman Equipment Corp. v. Rozel Operating Co., Civil Action No. 08-363, 2013

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WL 5152823, at *2 (M.D. La. Sept. 12, 2013) (“Cashman’s notice of appeal divested this court of

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all jurisdiction over matters brought on appeal. Cashman seeks appellate review of this court’s

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interpretation of the parties’ settlement agreement regarding the Continental funds, which is

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incorporated into the judgment. Therefore, this court lacks jurisdiction to rule upon Rozel and

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Stokes’ motion which seeks enforcement of the court’s interpretation of the settlement agreement,

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and the motion is DISMISSED for lack of subject matter jurisdiction.”); Morisch v. United States,

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709 F.Supp.2d 672, 674 (S.D. Ill. 2010) (“If Mr. and Mrs. Morisch are indeed attempting to

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appeal from the disposition of their claims against Kreisman in this Court, then it is quite likely

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that the Court is without jurisdiction to address the instant motion” to enforce settlement

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agreement).

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If appropriate following resolution of plaintiff’s appeal, defendants’ may renew their
request through the filing of a noticed motion to enforce the terms of the settlement agreement.
IT IS SO ORDERED.
Dated: February 11, 2015

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DAD:6
Ddad1\orders.consent\sehic3030.enfor.settl.ord.docx

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