Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure does 13 || not enable parties to obligate a court to retain [] jurisdiction [to enforce a settlement 4 || agreement].”
How later courts described this case
- Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure does 13 || not enable parties to obligate a court to retain [] jurisdiction [to enforce a settlement 4 || agreement].”
Written by the judges who cited it.
The opinion
Case 2:13-cv-05745-SVW-PLA Document 195 Filed 02/25/22 Page 1 of 2 Page ID #:2174
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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12 COLUMBUS UNIVERSITY; GRUPO ) Case No. 2:13-cv-05745-SVW (PLAx)
VIGAMAR, INC.; CONSEJO )
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ASOCIADO EDUCATIVO-CULTURAL ) ORDER GRANTING JOINT
14 COLUMBUS, S.A.; and JOAQUIN ) STIPULATION FOR DISMISSAL WITH
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VILLAR-GARCIA, ) PREJUDICE
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16 Plaintiffs. )
Courtroom: 10A
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vs. )
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19 PRABHAKAR TUMMALA; )
RAMACHANDRA RAO )
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YALAMANCHILI; BIPIN MORARI; and ) Judge: Hon. Stephen V. Wilson
21 COLUMBUS UNIVERSITY HEALTH )
SCIENCES U.S.A., INC., ) Complaint filed: August 9, 2013
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) Pretrial Conference: March 7, 2022
23 Defendants. ) Trial date: March 15, 2022
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ORDER GRANTING JOINT STIPULATION FOR DISMISSAL 2:13-cv-05745-SVW (PLAx)
WITH PREJUDICE
Case 2:13-cv-05745-SVW-PLA Document 195 Filed 02/25/22 Page2of2 Page !ID#:2175
1 ORDER
2 After reviewing the Parties’ Joint Stipulation for Dismissal with Prejudice, the
3 || Court hereby GRANTS the dismissal of this matter with prejudice as to all Parties.
4 || The Court declines to retain jurisdiction over this matter, as retention of jurisdiction
5 over an action to enforce a settlement agreement is not a decision that lies in the
6 || parties’ hands. Rather, it is a matter that lies solely within the Court’s discretion. See
7 || Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381-82 (1994) (explaining
g |{ retention of jurisdiction lies within courts discretion and absent an “independent basis
9 || for federal jurisdiction” or a “dismissal order . . . retain[ing] jurisdiction over the
io || settlement agreement... enforcement of the settlement agreement is for state courts”
i || by means of breach of contract action); see also Davis v. Brown, 706 F. App’x 49,
{| 50-51 (2d Cir. 2017) (Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure does
13 || not enable parties to obligate a court to retain [] jurisdiction [to enforce a settlement
4 || agreement].”)
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IT IS SO ORDERED.
Long pjpne
20 Date: February 25, 2022 >< fGen, Mee y
44 Hon. Stephen V. Wilson
United States District Judge
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‘ORDER GRANTING JOINT STIPULATION FOR □□□□□□□□□□□□□□□□□□□□□□□□□□ 13 -cv-05745-SVW (PLAX)
WITH PREJUDICE