Fitch v. Decker

Filing 6

STIPULATION and ORDER 5 for Dismissal, with prejudice and in accordance with Compromise Settlement, signed by Judge Kimberly J. Mueller on 7/24/2014. Court, in its discretion, is DECLINING to maintain jurisdiction to enforce terms of parties Agreement. Unless there is some independent basis for federal jurisdiction, enforcement of agreement is for State Courts. (Marciel, M)

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1 BENJAMIN B. WAGNER United States Attorney 2 BOBBIE J. MONTOYA Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, California 95814 4 Telephone: (916) 554-2775 5 Attorneys for Defendant United States 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 ROCHELLE FITCH, Plaintiff, 12 13 14 Case No. 2:14-CV-01646-KJM-CMK ORDER OF DISMISSAL PURSUANT TO STIPULATION BETWEEN THE PARTIES v. UNITED STATES OF AMERICA, Defendant. 15 16 17 The above-captioned matter is hereby DISMISSED WITH PREJUDICE pursuant to and in 18 accordance with the Stipulation for Compromise Settlement, Releases and Dismissal of Federal Tort 19 Claims Act Claim (“stipulation”) filed herein on July 21, 2014, Doc. #4. The Clerk of the Court shall 20 enter the dismissal and release in the official docket. 21 However, in approving the parties’ stipulation, the court in its discretion declines to maintain 22 jurisdiction to enforce the terms of the parties’ settlement agreement. Kokkonen v. Guardian Life Ins. 23 Co. of Am., 511 U.S. 375, 381 (1994); cf. Collins v. Thompson, 8 F.3d 657, 659 (9th Cir. 1993). Unless 24 there is some independent basis for federal jurisdiction, enforcement of the agreement is for state courts. 25 Kokkonen, 511 U.S. at 382. 26 27 28 Order of Dismissal Pursuant to Stipulation Between the Parties 1 1 IT IS SO ORDERED. 2 3 DATED: July 24, 2014. 4 5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Dismissal Pursuant to Stipulation Between the Parties 2

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