Karamanoukian v. Liviakis ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARA KARAMANOUKIAN, 2:22-cv-01677-KJN 12 Plaintiff, ORDER 13 v. 14 MIKALAH RAYMOND LIVIAKIS, 15 Defendant. 16 17 18 On September 27, 2023, the parties filed a signed stipulation to dismiss this action with 19 prejudice and requesting that the court retain jurisdiction to enforce the terms of the settlement 20 agreement.1 (ECF No. 41.) Under Rule 41(a)(1)(A), the plaintiff may dismiss an action without a 21 court order by filing a stipulation of dismissal signed by all parties who have appeared. Such 22 dismissals are effective immediately and do not require court approval. See Fed. R. Civ. P. 23 41(a)(1); Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). 24 Further, the court “typically declines to maintain jurisdiction to enforce the terms of […] parties’ 25 settlement agreement.” California Sportfishing Prot. All. v. Agric. Mgmt. & Prod. Co., Inc., No. 26 2:14-cv-02328-KJM-AC, at *1 (E.D. Cal. Sept. 14, 2016). See Kokkonen v. Guardian Life Ins. 27 1 On August 29, 2023, defendant made a Rule 68 offer, which has since lapsed. (See ECF No. 39, 28 “Motion for Judgment.”) 1 | Co. of America, 511 U.S. 375, 381 (1994); Camacho v. City of San Luis, 359 F. App’x 794, 798 2 | (9th Cir. 2009). 3 Here, the parties have signed a stipulated dismissal that the entire action be dismissed with 4 || prejudice, and therefore the case has terminated automatically. (ECF No. 41.) See Fed. R. Civ. 5 || P. 41(a)(1)(A); Commercial Space, 193 F.3d at 1077. The court in its discretion declines the 6 || parties’ request to retain jurisdiction to enforce the terms of the parties’ settlement agreement. 7 || See Kokkonen, 511 U.S. at 381. Accordingly, the Clerk of Court shall CLOSE this case. 8 || Defendant’s Motion for Judgment, ECF No. 39, is denied as moot. 9 ORDER 10 Accordingly, the court HEREBY ORDERS that: 1] 1. The Clerk of Court CLOSE this case; and 12 2. Defendant’s Motion for Judgment, ECF No. 39, is denied as moot. 13 | Dated: October 17, 2023 i Aectl Aharon 15 KENDALL J. NE kara.1677 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28