Quezada v. State of California ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 JOSE MIGUEL QUEZADA, Case No. 1:20-cv-00959-ADA-SAB 11 Plaintiff, ORDER GRANTING PARTIES REQUEST TO 12 RETAIN JURISDICTION AFTER DISMISSAL v. 13 (ECF No. 63) STATE OF CALIFORNIA, et al., 14 DEADLINE: NOVEMBER 22, 2023 Defendants. 15 16 17 Plaintiff filed this action in the Superior Court of the State of California, County of Kern 18 on April 9, 2020. (ECF No. 1.) The action was removed to the Eastern District of California on 19 July 8, 2020. (Id.) On November 1, 2023, the parties filed a notice of settlement. (ECF No. 63.) 20 The parties requested the Court retain jurisdiction for 180 days or until the settlement amount is 21 paid, whichever is shorter, after the parties file their request for dismissal with prejudice. (Id.) 22 The parties also request that the Court continue all hearings and deadlines in this matter until the 23 notice of dismissal is filed. (Id.) 24 On November 2, 2023, the Court set the deadline to file dispositional documents for 25 November 22, 2023. (ECF No. 64.) The Court also advised the parties that once the terms of a 26 settlement agreement are finalized and the settlement agreement is signed by the parties, 27 dismissal is not dependent on performance but rather settlement of the action, and that the Court 28 generally declines generic requests to retain jurisdiction following dismissal, absent a specific 1 | request and showing of good cause, and such retention requires a subsequent order of approval 2 | from the Court retaining jurisdiction, Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 3 | 378 (1994). (ECF No. 64.) 4 On November 6, 2023, the parties filed a stipulation proffering that the parties cannot 5 | likely meet the current deadline. (ECF No. 65.) Specifically, the filing proffers that Plaintiff 6 | cannot go forward with a settlement unless the Court retains jurisdiction after the stipulation of 7 | dismissal is filed, or the parties are allowed to file the dismissal after the settlement amount is 8 | paid. During negotiations, the parties proceed into settlement based on agreement of these terms. 9 Given the parties’ apparent dependence on these terms in reaching settlement, the Court 10 | shall grant the parties’ request to retain jurisdiction for 180 days after the parties file their request 11 | for dismissal with prejudice, or until the settlement amount is paid, whichever is shorter. 12 Accordingly, IT IS HEREBY ORDERED that: 13 1. The parties shall file dispositional documents on or before November 22, 2023; 14 and 15 2. The Court shall retain jurisdiction over the settlement, for 180 days after the 16 parties file their request for dismissal, or until the settlement amount is paid, 17 whichever is shorter. 18 19 IT IS SO ORDERED. DAM Le 20 | Dated: _November 7, 2023 _ OO UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28