Johnson v. Nakash Enterprises, LLC
Filing
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ORDER signed by Judge Lawrence K. Karlton on 10/21/13: The court orders that appropriate dispositional documents disposing of the case be filed no later than forty-five (45) days from the effective date of this order. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SCOTT JOHNSON,
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No.
CIV. S-13-1788 LKK/DAD
Plaintiff,
v.
ORDER
NAKASH ENTERPRISES, LLC, a
California Limited Liability
Company, and DOES 1-10,
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Defendants.
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The parties have filed a Stipulation for Dismissal Pursuant
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to F. R. Civ. P. 41(a).
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court to retain jurisdiction of the case after dismissal, for the
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purpose of “interpretation and enforcement” of the settlement
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agreement.
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and the court has never seen it.
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ECF No. 7.
The stipulation asks the
The settlement agreement was not attached or filed,
The court will not approve a stipulated dismissal that
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purports to grant perpetual judicial enforcement over a
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settlement agreement that the court has not seen or examined.
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See Saint John's Organic Farm v. Gem County Mosquito Abatement
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Dist., 574 F.3d 1054, 1059 (9th Cir. 2009) (judicially
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enforceable agreement where court incorporates the settlement
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into the order).
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enforce a settlement agreement that is not known by the court to
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be judicially enforceable.
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Inc., 506 F.3d 1165, 1179 (9th Cir. 2007) (some settlements, such
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as those where the parties agree only on the goals of the
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agreement, “‘may not result in a judicially enforceable
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agreement’”).
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Nor will the court issue an order purporting to
See Perfumebay.com Inc. v. eBay,
Accordingly:
The court declines to issue the proposed order (ECF
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No. 7-1); and
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2.
The court now orders that appropriate dispositional
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documents disposing of the case be filed no later than forty-five
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(45) days from the effective date of this order.
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IT IS SO ORDERED.
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DATED:
October 21, 2013.
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