Espinda v. Rosen et al

Filing 49

ORDER DENYING STIPULATION; REQUIRING STIPULATION FOR DISMISSAL OR STIPULATED JUDGMENT; CONTINUING CASE MANAGEMENT CONFERENCE re 48 STIPULATION WITH PROPOSED ORDER of Dismissal filed by David Espinda. Stipulation for Dismissal or Stipulated Judgment due by 9/13/2013. Initial Case Management Conference continued to 9/18/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on July 29, 2013. (wsn, COURT STAFF) (Filed on 7/29/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID ESPINDA, Case No. 12-cv-05196-JST Plaintiff, 8 v. 9 10 ALAN B. ROSEN, et al., Defendants. United States District Court Northern District of California 11 ORDER DENYING STIPULATION; REQUIRING STIPULATION FOR DISMISSAL OR STIPULATED JUDGMENT; CONTINUING CASE MANAGEMENT CONFERENCE Re: ECF No. 48 12 The Court previously ordered the parties to file a stipulation of dismissal or a stipulated 13 14 judgment no later than July 26, 2013. ECF No. 47. The parties filed a stipulation to dismiss the 15 action without prejudice on July 26, 2013, which provides that the Court will “retain jurisdiction 16 for 120 days in order to enforce the settlement if the settlement is not fully consummated.” ECF 17 No. 48. This stipulated request is DENIED. With very few exceptions, the Court does not retain 18 continuing jurisdiction after a case is dismissed. Here, the parties have presented no grounds to 19 justify the retention of jurisdiction post-dismissal. The Court will give the parties additional time to finalize the settlement. The parties shall 20 21 file either a stipulation for dismissal or a stipulated judgment no later than September 13, 2013. 22 This deadline will not be extended for a third time. Sanctions may be imposed for a failure to 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 comply with this order. The case management conference scheduled for July 31, 2013, is 2 CONTINUED to September 18, 2013. 3 IT IS SO ORDERED. 4 Dated: July 29, 2013 5 6 7 ______________________________________ JON S. TIGAR United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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