Lozoya v. Tone, Inc. et al

Filing 22

ORDER 21 rejecting stipulation for dismissal, by Judge Richard P. Matsch on 3/17/16. (ktera)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 15-cv-01195-RPM SILVIA LOZOYA, Plaintiff, v. TONE, INC. d/b/a MI RANCHITO MEXICAN RESTAURANT, MARIE TERRONES WALTER TERRONES, and TONY TERRONES, Defendants. _____________________________________________________________________ ORDER REJECTING STIPULATION FOR DISMISSAL _____________________________________________________________________ A stipulation for dismissal was filed today (Doc. 21) which provides for dismissal with a request that this Court retain jurisdiction for the sole purposes of enforcing or otherwise resolving any dispute with respect to the settlement agreement. There is no copy of the settlement agreement attached. This Court does not retain jurisdiction over any agreement that has not been disclosed and it is this Court’s view that a settlement agreement is a contract which is enforceable by a breach of contract case to be filed in any court of competent jurisdiction. Accordingly, the stipulation for dismissal is rejected. Dated this 17th day of March, 2016. BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge

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