1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SCOTT JOHNSON, Case No. 21-cv-03901-SVK 8 Plaintiff, ORDER TO SHOW CAUSE AS TO 9 v. WHETHER THIS COURT HAS SUBJECT MATTER JURISDICTION 10 M&D KAPOOR ENTERPRISE LLC, Re: Dkt. Nos. 16, 17 , 18 11 Defendant. 12 13 14 Plaintiff Scott Johnson (“Johnson”) voluntarily dismissed this action with prejudice on 15 August 25, 2021, following a notice of settlement. Dkts. 13, 15. On October 19, 2022, Johnson 16 filed an Ex Parte Application for Entry of Stipulated Judgment in which he advised that Defendant 17 M&D Kapoor Enterprise LLC (“M&D Kapoor”) has defaulted on its obligation under the Parties’ 18 settlement agreement and requested entry of the stipulated judgment to which the Parties agreed as 19 part of that settlement agreement. Dkt. 16 (“Application”). M&D Kapoor has filed a declaration in opposition to Johnson’s ex parte application advising that Johnson had not given notice of the 20 default and, further, that M&D Kapoor had offered to make any outstanding payments—an offer 21 that Johnson declined. Dkt. 17. Johnson has filed a declaration in support of its ex parte 22 application disputing M&D Kapoor’s claim that it offered to cure its default. Dkt. 18. 23 /// 24 /// 25 /// 26 /// 27 /// 1 Because Johnson previously dismissed this action with prejudice, Johnson is ORDERED 2 || TOSHOW CAUSE in writing by November 15, 2022, as to whether this Court has continuing 3 subject matter jurisdiction over this dispute in view of the Supreme Court of the United States’ 4 decision in Kokkonen v. Guardian Life Insurance Co. of America,

(1994). 5 The Parties shall appear for a hearing on November 22, 2022, at 11:00 a.m. 6 SO ORDERED. 7 Dated: November 3, 2022 g — Season □□□ SUSAN VAN KEULEN 9 United States Magistrate Judge 10 11 12

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