Yates v. Buckeye Roadhouse Restaurant et al

Filing 47

ORDER REGARDING STIPULATION OF DISMISSAL. Signed by Judge Alsup on July 7, 2011. (whalc2, COURT STAFF) (Filed on 7/7/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CRAIG YATES,

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For the Northern District of California

United States District Court

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Plaintiff,
v.
BUCKEYE ROADHOUSE RESTAURANT,
BUCKEYE ROADHOUSE, INC., and
RUDOLPH H. BUSH,

ORDER REGARDING
STIPULATION OF DISMISSAL

Defendants.
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No. C 10-05283 WHA

The parties have settled and have stipulated to dismiss this action with prejudice. The

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parties specifically state, however, that the settlement agreement is contingent upon the

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undersigned (or Magistrate Judge Laporte or another magistrate judge) retaining jurisdiction to

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enforce the settlement agreement, with no date by which such proposed jurisdiction would

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terminate. This order will not approve of such provision, and would only approve retaining

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jurisdiction for up to ninety days to enforce the settlement agreement. As the dismissal appears to

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be contingent upon the jurisdiction provision, the assigned judge cannot instruct the Clerk to close

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the case pursuant to a FRCP 41(a)(1) dismissal signed by both sides, as he otherwise would. This

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case shall remain open, and the parties may either file a renewed dismissal (without the offending

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provision) or continue to litigate this case.

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IT IS SO ORDERED.
Dated: July 7, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE