(PC) Poslof v. Martel ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LONNIE LEE POSLOF, JR., No. 2:18-cv-2806 AC P 12 Plaintiff, 13 v. ORDER 14 MICHAEL MARTEL, et al., 15 Defendants. 16 17 Plaintiff has filed two motions requesting the court enforce his settlement agreement and 18 hold defendant in contempt for violating the agreement. ECF Nos. 25, 26. 19 On October 1, 2019, the parties filed a notice of settlement and stipulation for voluntary 20 dismissal of this action with prejudice and the case was closed the following day pursuant to the 21 parties’ stipulation. ECF Nos. 21-23. Unless the “parties’ obligation to comply with the terms of 22 [a] settlement agreement [are] made part of the order of dismissal—either by separate provision 23 (such as a provision ‘retaining jurisdiction’ over the settlement agreement) or by incorporating the 24 terms of the settlement agreement in the order,” then “enforcement of the settlement agreement is 25 for state courts, unless there is some independent basis for federal jurisdiction.” Kokkonen v. 26 Guardian Life Ins. Co. of Am., 511 U.S. 375, 381-82 (1994). 27 Here, the stipulation for dismissal does not incorporate the terms of the settlement 28 agreement or provide that this court retain jurisdiction over the matter (ECF No. 22), nor does 1 | there appear to be an independent basis for federal jurisdiction. Accordingly, this court lacks 2 || jurisdiction and plaintiffs remedy is to bring a claim for breach of contract in state court.! 3 Accordingly, IT IS HEREBY ORDERED that plaintiff's motions to enforce the 4 | settlement agreement and hold defendant in contempt (ECF Nos. 25, 26) are DENIED for lack of 5 || jurisdiction. 6 || DATED: June 30, 2023 ~ 7 Cthten— Lape ALLISON CLAIRE 8 UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 | | The court notes that, based on the information provided, there does not appear to have been a violation of the settlement agreement and plaintiff’s settlement proceeds appear to have been 28 | properly disbursed.