Winkle v. County of Modoc

Filing 20

SETTLEMENT AGREEMENT AND DISMISSAL WITH PREJUDICE signed by District Judge Kimberly J. Mueller on 4/19/17. [COLLECTIVE ACTION] CASE CLOSED (Becknal, R)

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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 JULIE WINKLE, on behalf of herself and all similarly situated individuals, 13 Plaintiffs, 14 v. 15 COUNTY OF MODOC, 16 Defendant. 17 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-01486-KJM-GGH ORDER REGARDING APPROVAL OF SETTLEMENT AGREEMENT AND DISMISSAL WITH PREJUDICE [COLLECTIVE ACTION] 18 19 The Court has carefully reviewed the Settlement Agreement, the Stipulation and 20 proposed Order, and relevant exhibits. Based upon a review of the record, and good cause 21 appearing, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 22 1. The Settlement Agreement, which is incorporated herein by reference, is approved as 23 fair, reasonable and just in all respects as to the Plaintiffs, and the Parties shall perform the 24 Settlement Agreement in accordance with its terms; 25 2. The Court has made no findings or determination regarding the law, and this 26 Stipulation and Order and any exhibits and any of the other documents or written materials 27 prepared in conjunction with this Stipulation and Order shall not constitute evidence of, or any 28 admission of, any violation of the law; ORDER REGARDING APPROVAL OF SETTLEMENT AND DISMISSAL OF ACTION Winkle, et. al. v. County of Modoc Case No. 2:16-cv-01486-KJM-GGH 1 1 3. This Action is hereby dismissed with prejudice. The Clerk shall close this file; and 2 3 4. The court in its discretion declines to maintain jurisdiction to enforce the terms of the 4 parties' settlement agreement. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381, 5 114 S. Ct. 1673, 128 L.Ed.2d 391 (1994); cf. Collins v. Thompson, 8 F.3d 657, 659 (9th 6 Cir.1993). Unless there is some independent basis for federal jurisdiction, enforcement of the 7 agreement is for the state courts. Kokkonen, 511 U.S. at 382. 8 DATED: April 19, 2017. 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER REGARDING APPROVAL OF SETTLEMENT AND DISMISSAL OF ACTION Winkle, et. al. v. County of Modoc Case No. 2:16-cv-01486-KJM-GGH 2

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