J & J Sports Productions, Inc. v. Krouse et al

Filing 28

ORDER DISMISSING CASE by Judge Alsup finding as moot 15 Motion to Strike ; finding as moot 18 Stipulation selecting Mediation; granting 27 Stipulation. (whalc1, COURT STAFF) (Filed on 9/8/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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J & J SPORTS PRODUCTIONS, INC.,

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For the Northern District of California

United States District Court

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Plaintiff,

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No. C 16-02281 WHA

v.

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MICHAEL JOSEPH KROUSE,
individually and d/b/a Madrone Art Bar,
and DIVISADERO 500, LLC, an unknown
business entity d/b/a Madrone Art Bar,

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Defendants.

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ORDER DISMISSING CASE

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Yesterday afternoon, the parties filed a notice of settlement and asked that today’s

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hearing on plaintiff’s motion to strike be vacated. The request to vacate the hearing was denied.

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Last night, the parties filed a stipulated dismissal but conditioned the dismissal on the Court

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retaining jurisdiction to enforce the settlement agreement.

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It is against the practice of this Court to retain jurisdiction to enforce settlement

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agreements. In the rare case where it has been allowed the parties must provide the Court with

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the written agreement they intend to have enforced. The parties failed to do so, and at the

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hearing today, counsel confirmed that the parties have not yet reduced their agreement to

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writing.

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The case is hereby DISMISSED without prejudice, but the Court will not retain

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jurisdiction over any settlement agreement. The parties will need to pursue any relief relating to

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the settlement agreement in state court. The pending motion to strike is DENIED AS MOOT.

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IT IS SO ORDERED.

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Dated: September 8, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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