Moreno v. CMRE Financial Services, Inc. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AARON REY MORENO, Case No. 1:22-cv-00422-JLT-HBK 12 Plaintiff, VOLUNTARY DISMISSAL UNDER FED. R. CIV. P. 41 (a)(1)(A)(ii) 13 v. COURT RETAINS JURISDICTION TO 14 CMRE FINANCIAL SERVICES, INC., ENFORCE SETTLEMENT 15 Defendant. (Doc. No. 15) 16 17 18 On January 4, 2023, Plaintiff Aaron Rey Moreno and Defendant CMRE Financial, Inc. 19 (collective the “Parties”) filed a Stipulation of Dismissal under Federal Rule of Civil Procedure 20 41(a)(1)(A)(ii). (Doc. No. 15). The Parties state they are dismissing this action with prejudice 21 and each party shall bear its own fees and costs. (Id.) (emphasis added). The Parties further 22 request the Court to retain ancillary jurisdiction over this matter to enforce the Settlement 23 Agreement between the Parties. (Id). 24 In light of the stipulated dismissal, this action is terminated by operation of law without 25 further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). As specifically requested by the 26 Parties, the Court retains ancillary jurisdiction for purposes of enforcing the Settlement 27 Agreement. See Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 380-82(1994). 28 Accordingly, the Clerk of Court shall terminate all pending motions and deadlines and 1 | CLOSE this action to reflect the Parties stipulated dismissal pursuant to Rule 41(a)(1)(A)Gi) and 2 | note the Court retains ancillary jurisdiction to enforce the Settlement Agreement. 3 “| Dated: _ January 7, 2023 lew □□□ fareh fackt 5 HELENA M. BARCH-KUCHTA ‘ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28