Schatz v. Flowers Baking Co. of Henderson, LLC ( 2021 )

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 DAVID SCHATZ, an individual, Case No.: 3:20-cv-00513-H-LL 14 Plaintiff, ORDER GRANTING JOINT 15 v. MOTION TO DISMISS AND RETAINING JURISDICTION 16 FLOWERS BAKING CO. OF HENDERSON, LLC, a Nevada limited 17 [Doc. No. 71.] liability company; and DOES 1 through 18 50, inclusive, 19 Defendants. 20 On September 16, 2021, Plaintiff David Schatz and Defendant Flowers Baking Co. 21 of Henderson, LLC (collectively, the “Parties”) filed a notice of settlement. (Doc. No. 68.) 22 On October 20, 2021, the Parties filed a joint motion to dismiss this action with prejudice 23 pursuant to Federal Rule of Civil Procedure 41(a)(2) and requested that this Court retain 24 jurisdiction to enforce the terms of the settlement agreement. (Doc. No. 71.) For good 25 cause shown, the Court grants the Parties’ joint motion and dismisses this case with 26 prejudice. The Court exercises its discretion to retain jurisdiction in this matter to resolve 27 any disputes between the Parties with respect to the enforcement of the settlement 28 1 ||agreement. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994); K.C. 2 ||ex rel. Erica C. v. Torlakson, 762 F.3d 963, 967 (9th Cir. 2014). 3 The Parties did not address the allocation of costs in their motion or stipulation. Each 4 || party will bear its own attorneys’ fees and costs unless the settlement agreement provides 5 || otherwise. 6 IT IS SO ORDERED. 7 ||DATED: October 26, 2021 | | | ul | | | 8 MARILYN ®. HUFF. Distri ge 9 UNITED STATES DISTRICT COURT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28