Creditors Adjustment Bureau, Inc. v. Eden Grow Solutions, Inc.
Creditors Adjustment Bureau, Inc. v. Eden Grow Solutions, Inc.
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CREDITORS ADJUSTMENT BUREAU, Case No. 1:23-cv-00806-JLT-SAB INC., 12 ORDER VACATING PENDING DATES AND Plaintiffs, REQUIRING PARTIES TO FILE 13 DISPOSITIONAL DOCUMENTS v. 14 (ECF No. 21) EDEN GROW SOLUTIONS, INC., et al., 15 THIRTY DAY DEADLINE Defendants. 16 17 18 On November 8, 2024, a notice of settlement was filed informing the Court that the 19 parties have resolved this case and have agreed to settlement terms that are being memorialized in 20 a settlement agreement. (ECF No. 21.) The parties proffer that dispositional documents will be 21 filed within 60 days. The parties request that the Court continue the pretrial conference to allow for 22 the execution and filing of “dipositive pleadings,” which the Court construes as dispositional 23 documents. The parties also request that the Court reserve its jurisdiction to set aside the dismissal 24 and final judgment upon a showing of default of the settlement agreement. 25 The Court shall order the parties to file dispositional documents within thirty days. Any 26 additional request for extension of time to file dispositional documents must be supported by good 27 cause. See L.R. 160(b). Given the parties’ notice of settlement, the Court declines to continue the 28 pretrial conference. 1 Further, the parties are advised that once the terms of a settlement agreement are finalized 2 | and the settlement agreement is signed by the parties, dismissal is not dependent on performance 3 | but rather settlement of the action. Further this Court generally declines generic requests to retain 4 | jurisdiction following dismissal, absent a specific request and showing of good cause, and such 5 || retention requires a subsequent order of approval from the Court retaining jurisdiction. See 6 | Kokkonen v. Guardian Life Ins. Co. of Am.,
511 U.S. 375, 378(1994) (“Neither the Rule nor any 7 | provision of law provides for jurisdiction of the court over disputes arising out of an agreement 8 | that produces the stipulation .... [e]nforcement of the settlement agreement, however, whether 9 | through award of damages or decree of specific performance, is more than just a continuation or 10 | renewal of the dismissed suit, and hence requires its own basis for jurisdiction.”) Accordingly, 11 | absent a showing of good cause, the Court declines Plaintiff's generic request to retain 12 | jurisdiction following dismissal. 13 Accordingly, it is HEREBY ORDERED that: 14 1. All pending matters and dates in this action are VACATED; and 15 2. The parties shall file dispositional documents within thirty (30) days of entry of 16 this order. 17 18 IT IS SO ORDERED. DAM Le 19 | Dated: _November 12, 2024 _ OO STANLEY A. BOONE 20 United States Magistrate Judge 21 22 23 24 25 26 27 28
Reference
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