Kaiser Aluminum Corporation et al v. Ainsworth et al

Filing 22

ORDER DISMISSING CASE AND RETAINING JURISDICTION - granting 21 Motion to Dismiss Signed by Judge Salvador Mendoza, Jr. (VR, Courtroom Deputy)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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May 01, 2017
UNITED STATES DISTRICT COURT SEAN F. M AVOY, CLERK
EASTERN DISTRICT OF WASHINGTON
C

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KAISER ALUMINUM
CORPORATION, a Delaware
corporation; and KAISER
ALUMINUM WASHINGTON, LLC,
a Delaware limited liability company,

No. 2:16-CV-0339-SMJ

ORDER DISMISSING CASE AND
RETAINING JURISDICTION

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Plaintiffs,
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v.
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PAUL J. AINSWORTH and TERI L.
TUCKER, individually and the marital
community comprised thereof,

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Defendants.
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Before the Court, without oral argument, is the Parties’ Joint Motion for

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Dismissal of All Claims and Counterclaims without Prejudice, ECF No. 21. The

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Parties represent that they have reached a negotiated settlement of all claims and

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counterclaims in this lawsuit. Id. Pursuant to the settlement terms, the Parties ask

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the Court to retain jurisdiction over the terms of the Settlement Agreement, ECF

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No. 21-1, for three years should enforcement become necessary.

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Having reviewed the pleadings and the file in this matter, the Court is fully

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informed, grants the motion dismissing all claims and counterclaims without

ORDER - 1

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prejudice, and exercises its discretion to retain jurisdiction in this matter to

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enforce the Parties’ Settlement Agreement for a period of three years from the

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date this order is entered. Fed. R. Civ. P. 41(a)(2); see Kokkonen v. Guardian Life

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Ins. Co. of America, 511 U.S. 375, 381–82 (1994) (stating that, pursuant to Rule

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41, federal courts can retain jurisdiction over a dismissed case to enforce a

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settlement contract between the parties so long as the parties agree to such an

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arrangement).

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Accordingly, IT IS HEREBY ORDERED:

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1.

Counterclaims Without Prejudice, ECF No. 21, is GRANTED.

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The Parties’ Joint Motion for Dismissal of All Claims and

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All claims and counterclaims are DISMISSED WITHOUT

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PREJUDICE, with all Parties to bear their own costs and attorneys’

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fees.

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3.

Pursuant to Federal Rule of Civil Procedure 41(a)(2) and Kokkonen v.

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Guardian Life Ins. Co. of America, 511 U.S. 375 (1994), the Court

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will retain jurisdiction for three years from the date this Order is

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entered to enforce, should enforcement become necessary, this Order

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and the terms of the Parties’ underlying Settlement Agreement which

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is incorporated by this reference.

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4.

ORDER - 2

All pending motions are DENIED AS MOOT.

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5.

All hearings and other deadlines are STRICKEN.

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The Clerk’s Office is directed to CLOSE this file.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order,

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close this file, and provide copies to all counsel.

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DATED this 1st day of May 2017.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER - 3