Johnson v. Nakash Enterprises, LLC

Filing 8

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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1.

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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