Kern County Hospital Authority v. UnitedHealthcare Insurance Company, 1:18-cv-0473-DAD-JLT. (2019)
Court: District Court, E.D. California
Number: infdco20190816a13
Visitors: 1
Filed: Aug. 15, 2019
Latest Update: Aug. 15, 2019
Summary: ORDER CLOSING THE ACTION AND RETAINING JURISDICTION TO ENFORCE THE SETTLEMENT AGREEMENT. JENNIFER L. THURSTON , Magistrate Judge . The parties have stipulated to the action being dismissed with prejudice and with each side bearing their own fees and costs. (Doc. 43 at 2.) Because the settlement will not be completed by September 6, 2019, they ask the Court to dismiss the case but allow that the dismissal to be effective ten days later. The Federal Rules of Civil Procedure Rule 41 makes suc
Summary: ORDER CLOSING THE ACTION AND RETAINING JURISDICTION TO ENFORCE THE SETTLEMENT AGREEMENT. JENNIFER L. THURSTON , Magistrate Judge . The parties have stipulated to the action being dismissed with prejudice and with each side bearing their own fees and costs. (Doc. 43 at 2.) Because the settlement will not be completed by September 6, 2019, they ask the Court to dismiss the case but allow that the dismissal to be effective ten days later. The Federal Rules of Civil Procedure Rule 41 makes such..
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ORDER CLOSING THE ACTION AND RETAINING JURISDICTION TO ENFORCE THE SETTLEMENT AGREEMENT.
JENNIFER L. THURSTON, Magistrate Judge.
The parties have stipulated to the action being dismissed with prejudice and with each side bearing their own fees and costs. (Doc. 43 at 2.) Because the settlement will not be completed by September 6, 2019, they ask the Court to dismiss the case but allow that the dismissal to be effective ten days later.
The Federal Rules of Civil Procedure Rule 41 makes such stipulations effective immediately with further order of the Court. Because all parties who have appeared in the action signed the stipulation (Doc. 22), it "automatically terminate[d] the action." Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this action. To allow the settlement to be effectuated, the Court will retain jurisdiction to enforce the settlement.
IT IS SO ORDERED.
Source: Leagle
