Green v. Portillo et al

Filing 71

ORDER that Plaintiff's 69 Motion for an Injunction re Breach of Settlement Agreement is Denied for lack of jurisdiction. Signed by Judge Andrew P. Gordon on 4/21/2017. (Copies have been distributed pursuant to the NEF - copy mailed to Plaintiff - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FREDERIC GREEN,

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Case No. 2:13-cv-00024-APG-NJK
Plaintiff,

v.
MANUEL PORTILLO and DWIGHT
NEVEN,

ORDER DENYING MOTION FOR AN
INJUNCTION FOR BREACH OF
SETTLEMENT AGREEMENT
(ECF No. 69)

Defendants.

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Plaintiff Frederic Green moves to enforce the settlement agreement reached in this case.

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ECF No. 69. A “federal court has jurisdiction to enforce a settlement agreement in a dismissed

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case when the dismissal order incorporates the settlement terms, or the court has retained

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jurisdiction over the settlement contract.” Alvarado v. Table Mountain Rancheria, 509 F.3d 1008,

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1017 (9th Cir. 2007). Here, the dismissal order does not incorporate the settlement’s terms. ECF

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No. 67. The court did not retain jurisdiction over the settlement agreement either at the hearing at

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which the settlement’s terms were read into the record or in the order of dismissal. ECF No. 65,

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67. I therefore lack ancillary jurisdiction to resolve Green’s motion to enforce the settlement

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agreement. Consequently, I deny the motion, without prejudice to Green suing for a breach of

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contract in another forum.

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IT IS THEREFORE ORDERED that plaintiff Frederic Green’s motion for an injunction
for breach of settlement agreement (ECF No. 69) is DENIED for lack of jurisdiction.
DATED this 21st day of April, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE