Johnson v. Hernandez ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Scott Johnson, No. 2: 14-cv-02787-KJM-KJIN 12 Plaintiff, ORDER 13 Vv. Jesus T. Hernandez, 15 Defendant. 16 17 On August 19, 2015, parties submitted a Joint Stipulation for Dismissal with prejudice 18 | under Federal Rule of Civil Procedure 41(a)(1). ECF No. 19. On August 21, 2015, this court 19 | granted that dismissal and ordered the case closed by Minute Order. ECF No. 21. Plaintiff Scott 20 | Johnson now seeks for this court to enter judgment against defendant Jesus Hernandez for an 21 | alleged violation of parties’ settlement agreement. ECF No. 22. But this court did not retain 22 | jurisdiction to enforce the terms of the parties’ settlement agreement; in fact these settlement 23 | terms were not even incorporated into the dismissal order. In light of this, the present action does 24 | not fall within this court’s limited subject matter jurisdiction. See Kokkonen v. Guardian Life Ins. 25 | Co. of Am., 511 U.S. 375, 381 (1994); cf. Collins v. Thompson, 8 F.3d 657, 659 (9th Cir. 1993). 26 | Accordingly, plaintiff's ex parte application is denied. This order resolves ECF No. 22. 27 | DATED: December 22, 2020.