Opinion

Columbus University v. Prabhakar Tummala

Court
District Court, C.D. California
Filed
Feb 25, 2022
Cited by
0 cases
Authority
More cited than 16.3%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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