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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT JOHNSON, 12 13 14 15 No. CIV. S-13-1788 LKK/DAD Plaintiff, v. ORDER NAKASH ENTERPRISES, LLC, a California Limited Liability Company, and DOES 1-10, 16 Defendants. 17 18 The parties have filed a Stipulation for Dismissal Pursuant 19 to F. R. Civ. P. 41(a). 20 court to retain jurisdiction of the case after dismissal, for the 21 purpose of “interpretation and enforcement” of the settlement 22 agreement. 23 and the court has never seen it. 24 ECF No. 7. The stipulation asks the The settlement agreement was not attached or filed, The court will not approve a stipulated dismissal that 25 purports to grant perpetual judicial enforcement over a 26 settlement agreement that the court has not seen or examined. 27 See Saint John's Organic Farm v. Gem County Mosquito Abatement 28 Dist., 574 F.3d 1054, 1059 (9th Cir. 2009) (judicially 1 1 enforceable agreement where court incorporates the settlement 2 into the order). 3 enforce a settlement agreement that is not known by the court to 4 be judicially enforceable. 5 Inc., 506 F.3d 1165, 1179 (9th Cir. 2007) (some settlements, such 6 as those where the parties agree only on the goals of the 7 agreement, “‘may not result in a judicially enforceable 8 agreement’”). 9 1. Nor will the court issue an order purporting to See Inc. v. eBay, Accordingly: The court declines to issue the proposed order (ECF 10 No. 7-1); and 11 2. The court now orders that appropriate dispositional 12 documents disposing of the case be filed no later than forty-five 13 (45) days from the effective date of this order. 14 IT IS SO ORDERED. 15 DATED: October 21, 2013. 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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