Russell v. United States Postal Service

Filing 14

STIPULATION and ORDER 13 approving Compromise Settlement Agreement signed by Judge Kimberly J. Mueller on 6/4/2015. This action is DISMISSED with prejudice. Court is DECLINING to maintain jurisdiction to enforce terms of parties' Settlement Agreement. Unless there is some independent basis for federal jurisdiction, enforcement is for State Courts. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM F. RUSSELL,

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No.: 2:14-cv-02209-KJM-DAD

Plaintiff,
v.

ORDER

UNITED STATES OF AMERICA,
Defendant.

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Plaintiff filed a negligence action against defendant on September 23, 2015. (ECF

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1.) On April 27, 2015, the parties participated in the court’s Voluntary Dispute Resolution

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Program (VDRP) and reached settlement. See ECF No. 12. On May 5, 2015, the parties filed a

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stipulated settlement agreement and proposed order approving the settlement. (ECF 13.) In the

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settlement agreement, the parties request that this court retain jurisdiction to enforce the

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settlement agreement. (Id. at 4.)

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By this order, the court APPROVES the parties’ stipulation and dismisses the

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action with prejudice. However, the court in its discretion declines to maintain jurisdiction to

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enforce the terms of the parties’ settlement agreement. Kokkonen v. Guardian Life Ins. Co. of

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Am., 511 U.S. 375, 381 (1994); cf. Collins v. Thompson, 8 F.3d 657, 659 (9th Cir. 1993). Unless

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there is some independent basis for federal jurisdiction, enforcement of the agreement is for state

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courts. Kokkonen, 511 U.S. at 382.
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IT IS SO ORDERED
DATED: June 4, 2015.

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UNITED STATES DISTRICT JUDGE

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