(PC) Poslof v. Baughman ( 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. 2:19-cv-2243 KJN P 12 Plaintiff, 13 v. ORDER 14 DAVID BAUGHMAN, et al., 15 Defendants. 16 17 Plaintiff has filed two motions requesting the court enforce his settlement agreement and 18 hold defendants in contempt for violating the agreement. ECF Nos. 24, 25. 19 On November 3, 2020, the parties filed a stipulation for voluntary dismissal of this action 20 with prejudice and the case was closed the following day pursuant to the parties’ stipulation. ECF 21 Nos. 22, 23. Unless the “parties’ obligation to comply with the terms of [a] settlement agreement 22 [are] made part of the order of dismissal—either by separate provision (such as a provision 23 ‘retaining jurisdiction’ over the settlement agreement) or by incorporating the terms of the 24 settlement agreement in the order,” then “enforcement of the settlement agreement is for state 25 courts, unless there is some independent basis for federal jurisdiction.” Kokkonen v. Guardian 26 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 defendants in contempt (ECF Nos. 24, 25) are DENIED for lack of 5 || jurisdiction. 6 || DATED: June 30, 2023 ~ 7 ttt0n— Llane ALLISON CLAIRE 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 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.