ELECTRONIC RECYCLERS INTERNATIONAL, INC. v. CALBAG METALS CO., 1:14-cv-01352-KJM-SMS. (2015)
Court: District Court, E.D. California
Number: infdco20151009730
Visitors: 11
Filed: Oct. 07, 2015
Latest Update: Oct. 07, 2015
Summary: ORDER KIMBERLY J. MUELLER , District Judge . Pursuant to plaintiff and defendant's stipulation of dismissal (ECF No. 39), and Federal Rule of Civil Procedure 41(a) this action is DISMISSED with prejudice. The court in its discretion declines to maintain jurisdiction to enforce the terms of the parties' settlement agreement. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 , 381 (1994); cf. Collins v. Thompson, 8 F.3d 657 , 659 (9th Cir. 1993). Unless there is some independent
Summary: ORDER KIMBERLY J. MUELLER , District Judge . Pursuant to plaintiff and defendant's stipulation of dismissal (ECF No. 39), and Federal Rule of Civil Procedure 41(a) this action is DISMISSED with prejudice. The court in its discretion declines to maintain jurisdiction to enforce the terms of the parties' settlement agreement. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 , 381 (1994); cf. Collins v. Thompson, 8 F.3d 657 , 659 (9th Cir. 1993). Unless there is some independent b..
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ORDER
KIMBERLY J. MUELLER, District Judge.
Pursuant to plaintiff and defendant's stipulation of dismissal (ECF No. 39), and Federal Rule of Civil Procedure 41(a) this action is DISMISSED with prejudice.
The court in its discretion declines to maintain jurisdiction to enforce the terms of the parties' settlement agreement. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994); cf. Collins v. Thompson, 8 F.3d 657, 659 (9th Cir. 1993). Unless there is some independent basis for federal jurisdiction, enforcement of the agreement is for state courts. Kokkonen, 511 U.S. at 382.
IT IS SO ORDERED.
Source: Leagle
