Johnson v. Alcindor et al

Filing 43

ORDER Denying 40 Motion to Vacate. Signed by Judge James C. Mahan on 3/22/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LAUSTEVEION JOHNSON,
#82138

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Plaintiff,
vs.
TREVOR ALCINDOR, et al.,

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Defendants.
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2:10-cv-02143-JCM-GWF
ORDER

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Presently before the court is plaintiff Lausteveion Johnson’s motion to vacate his settlement
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agreement with defendants. (Doc. #40). Defendants have replied. (Doc. #41).
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This action was terminated on March 7, 2012, pursuant to the parties’ stipulation of dismissal
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with prejudice. (Doc. #39). Apparently, the parties stipulated to dismiss the case because they had
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reached a settlement agreement between themselves. The stipulation, however, does not reference the
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settlement agreement or inform the court of its terms.
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Neither party discusses whether or not this court has jurisdiction to grant plaintiff the relief he
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seeks. Applying the holding of Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375 (1994),
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to the facts of this case, the court finds that it lacks jurisdiction to vacate the settlement agreement.
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In Kokkonen, the Supreme Court held that where parties stipulate to a dismissal with prejudice,

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pursuant to an unenumerated settlement agreement, the court does not retain jurisdiction to enforce the

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terms of that settlement. Id. at 381-82. In Kokkonen, the parties settled their dispute. Upon agreeing

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to settlement terms, they filed a stipulation of dismissal with prejudice pursuant to Fed. R. Civ. P.

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41(a)(2). The stipulation of dismissal “did not reserve jurisdiction in the District Court to enforce the

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settlement agreement; indeed, it did not so much as refer to the settlement agreement.” Id. at 377.

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The Supreme Court explained that because the parties agreed to dismiss with prejudice, and did

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not reserve any jurisdiction in the district court to enforce the settlement, the district court lacked the

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inherent authority to reopen the case and enforce the settlement agreement. Id. at 381-82. As the court

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explained, “enforcement of the settlement agreement . . . whether through award of damages or decree

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of specific performance, is more than just a continuation or renewal of the dismissed suit, and hence

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requires its own basis for jurisdiction.” Id. at 378. The court reversed the district court’s order enforcing

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the settlement agreement, and remanded so the lower court could determine if there was an independent

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basis for federal jurisdiction. Id. at 382.

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Kokkonen makes clear that this court lacks jurisdiction to enforce the settlement agreement. If

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the court cannot enforce the agreement, the court fails to see how it retains jurisdiction to vacate the

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agreement. The settlement agreement exists independent of plaintiff’s complaint and therefore “requires

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its own basis for jurisdiction.” Id. at 378. Absent such a basis, the case remains closed pursuant to the

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parties’ stipulation.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion to vacate

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(doc. #40) be, and the same hereby is, DENIED.
DATED March 22, 2012.

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_________________________________________
UNITED STATES DISTRICT JUDGE

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