Acosta v. Super Save & La Michuacana Markets, Inc.

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA JOSE ACOSTA, Case No. 1:25-cv-00105-BAM 12 Plaintiff, ORDER VACATING HEARING DATE OF JULY 18, 2025 13 v. ORDER DIRECTING PLAINTIFF TO SUPER SAVE & LA MICHUACANA SUBMIT SUPPLEMENTAL BRIEFING MARKETS, INC. dba SUPER SAVE REGARDING MOTION TO ENFORCE MARKET, et al., SETTLEMENT AGREEMENT AND REQUEST FOR ATTORNEYS’ FEES 16 Defendants. (Doc. 17) TWENTY-ONE DAY DEADLINE 19 On June 6, 2025, Plaintiff Jose Acosta filed a motion to enforce settlement agreement and request for attorneys’ fees. (Doc. 17.) Following a preliminary review of the motion, the Court finds that supplemental briefing is warranted.

22 Under federal law, “the trial court has power to summarily enforce on motion a settlement agreement entered into by the litigants while the litigation is pending before it.” In re City Equities Anaheim, Ltd., 22 F.3d 954, 957 (9th Cir. 1994) (quotation omitted). “Whether to enforce a settlement agreement is a matter committed to the Court’s discretion.” Brooke v. Capri Motel, LLC, No. 1:18-cv-0062-LJO-JLT, 2018 WL 3062188, at *2 (E.D. Cal. June 19, 2018) (citations omitted).

28 /// 1 According to the record, defendants are in default, and they have not yet appeared in this action. (See Docs. 10, 11, 12, 13.) Plaintiff is therefore ordered to identify legal authorities that demonstrate it is proper for the Court to enforce a settlement agreement in light of the posture of this action. The Court notes the settlement agreement attached to the motion does not demonstrate that defendants have agreed to Court enforcement of the agreement without their general appearance. (See Doc. 17-3, Ex. A.)

7 Based on the foregoing, IT IS HEREBY ORDERED as follows: 8 1. The hearing date of July 18, 2025, is VACATED.

9 2. Within twenty-one (21) days, Plaintiff shall file supplemental briefing identifying 10 legal authorities demonstrating the Court’s authority to enforce a settlement agreement 11 in light of the posture of this case.

12 3. Following receipt of Plaintiff’s supplemental briefing, the Court will take Plaintiff’s 13 motion to enforce settlement agreement and request for attorneys’ fees (Doc. 17) 14 under submission. L.R. 230(g).

IT IS SO ORDERED.

17 Dated: July 10, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE