Cervantes et al v. A.D.F. Custom Concrete Construction, Inc. et al

Filing 54

ORDER DENYING REQUEST FOR ENTRY OF STIPULATED JUDGMENT. Signed by Judge Richard Seeborg on 4/5/12. (cl, COURT STAFF) (Filed on 4/5/2012)

*E-Filed 4/5/12*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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No. CV 08-4798 RS

JUAN CERVANTES, RAFAEL ARVIZU,
NICOLAS GOMEZ, CESAR NAVA, and
ALEJANDRO CRUZ-SANDOVAL, on
behalf of themselves and all others similarly
situated,

ORDER DENYING REQUEST FOR
ENTRY OF STIPULATED
JUDGMENT

Plaintiffs,
v.
A.C.F. CUSTOM CONCRETE
CONSTRUCTION, INC., and ART
FISHER, and DOES 1-20, inclusive,
Defendants.
____________________________________/
Plaintiffs have filed a proposed order giving effect to a previously-executed stipulated

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judgment, purportedly pursuant to a settlement agreement that resolved this case. (Dkt. No. 52).

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Plaintiffs, with defendants’ agreement, voluntarily dismissed this case on April 8, 2010, and the case

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was closed the same day. (Dkt. No. 15). The settlement agreement, which does not appear to have

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been previously filed on the record, but is attached as an exhibit to plaintiff’s request for judgment,

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states that plaintiffs are to hold an executed stipulated judgment and may file it with the Court on

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the terms set forth within the stipulated judgment itself. (Ex. A to Talamantes Decl., at 2). The

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stipulation permits plaintiffs to request judgment from the Court if defendants default under a thirty-

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six month payment plan provided by the settlement agreement, fail to cure the default within three

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days, and receive notice of plaintiffs’ intention to file. A declaration from plaintiffs’ counsel avers
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No. CV 08-4798 RS
ORDER

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that these requirements have been met. Neither these documents, nor any other filings in this case,

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reserve the jurisdiction of the Court to enforce the settlement, and it is far from self-evident, now

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that the case has been closed, that the Court may do so. Plaintiffs, for their part, have neglected to

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provide any legal authority in support of their request. The Court therefore declines to enter the

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stipulated judgment at this time. If plaintiffs so elect, they may file a supplemental memorandum of

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points and authorities stating a legal basis for entry of judgment. Otherwise, no further action will

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be taken by the Court in this matter.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: 4/5/12
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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No. CV 08-4798 RS
ORDER