Johnson v. RMP Properties LLC, et al

Filing 13

DISMISSAL ORDER signed by Judge Garland E. Burrell, Jr. on 2/11/2014 ORDERING that in light of the parties' "complete and total" settlement of this action and agreement to dismiss this action with prejudice, this action is DISMISSED with prejudice. CASE CLOSED. (Zignago, K.)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 12 13 DISMISSAL ORDER Plaintiff, 10 11 2:13-cv-01612-GEB-DAD Scott Johnson, v. RMP Properties, LLC, a Delaware Limited Liability Company; Save Mart Supermarkets, a California Corporation; and Does 1-10, 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 On February 5, 2014, the parties filed a “STIPULATION FOR DISMISSAL PURSUANT TO F.R.41(a)(1); & ORDER THEREON” in which they dismiss this action with prejudice and assume that the court will exercise jurisdiction over a settlement agreement and matters the court has not seen. However, the parties have not shown why the Court should retain jurisdiction, and “the mere fact that the parties agree that the court [shall] exercise continuing jurisdiction is not binding on the court.” Arata v. Nu Skin Int’l, Inc., 96 F.3d 1265, 1269 (9th Cir. 1996); see also Jessup v. Luther, 277 F.3d 926, 929 (7th Cir. 2002) (observing that settlement of a federal lawsuit “is just another contract to be enforced in the usual 28 1 1 way, that is, by fresh suit”) (citing Kokkonen v. Guardian Life 2 Ins. 3 omitted). Co., 511 U.S. 375, 378-82 (1994)) (additional citations 4 Further, in light of the parties’ “complete and total” 5 settlement of this action and agreement to dismiss this action 6 with 7 dismissed with prejudice. See Eitel v. McCool, 782 F.2d 1470, 8 1472-73 (9th Cir. 1986) (explaining that “[t]he court reasonably 9 concluded that the parties had the requisite mutual intent to 10 dismiss the action with prejudice” when the court “f[ound] that 11 the parties’ . . . representations to the court agreeing to a 12 dismissal 13 dismissal under Rule 41(a)(1)(ii)”). 14 Dated: prejudice, with (Dismissal prejudice Notice 1:25-2:2), constituted February 11, 2014 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 a this voluntary action is stipulated

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