DIRECTV, LLC, v. Lee et al

Filing 17

ORDER by Judge Philip A. Brimmer on 5/6/15. ORDERED: The Motion to Approve Consent Judgment [Docket No. 16] and the Motion on Consent [Docket No. 16-1] is GRANTED in part and DENIED in part. ORDERED: Judgment shall enter in favor of plaintiff and against defendants, jointly and severally, in the amount of $50,000.00. ORDERED: This case is dismissed with prejudice. ORDERED: Each party shall bear its own costs and fees.(kpreu)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 15-cv-00429-PAB-KLM
DIRECTV, LLC, a California limited liability company,
Plaintiff,
v.
ROBERT LEE, and
SUWIMOL LIU, individually, and d/b/a New China Restaurant,
Defendants.

ORDER

This matter is before the Court on the Motion to Approve Consent Judgment
[Docket No. 16] filed by plaintiff. Plaintiff requests that the court approve and enter the
attached Motion on Consent [Docket No. 16-1] executed by both parties. Docket No.
16 at 1. The Motion on Consent requests that the Court enter an order granting
judgment in favor of plaintiff and against defendants, jointly and severally, for the sum
of $50,000 and dismissing this case with prejudice with each party to bear its own costs
and fees. Docket No. 16-1. The parties also request that the Court retain jurisdiction
over this case “for the enforcement of the Order.” Docket No. 16-1.
A district court may retain jurisdiction over a case to enforce the terms of a
settlement agreement provided that the order of dismissal shows an intent to retain
jurisdiction. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 380-81
(1994). However, “[e]xcept in extraordinary circumstances, the Court will not retain
jurisdiction . . . over cases that have been settled. . . . Any motion or stipulation for

dismissal requesting that the Court retain jurisdiction after dismissal shall explain in
detail the extraordinary circumstances necessitating such an approach.” Practice
Standards (Civil Cases), Judge Philip A. Brimmer § I.H.5. The parties do not identify
any extraordinary circumstances and, upon review, no such circumstances are
apparent to the Court. As a result, the Court will not retain jurisdiction over this case.
Wherefore, it is
ORDERED that the Motion to Approve Consent Judgment [Docket No. 16] and
the Motion on Consent [Docket No. 16-1] is GRANTED in part and DENIED in part. It is
further
ORDERED that the Clerk of the Court shall enter judgment in favor of plaintiff
and against defendants, jointly and severally, in the amount of $50,000.00. It is further
ORDERED that this case is dismissed with prejudice. Each party shall bear its
own costs and fees.

DATED May 6, 2015.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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