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Russell v. United States

United States District Court, Ninth Circuit, California, E.D. California
Jun 4, 2015
2:14-cv-02209-KJM-DAD (E.D. Cal. Jun. 4, 2015)

Opinion


WILLIAM F. RUSSELL, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. No. 2:14-cv-02209-KJM-DAD United States District Court, E.D. California. June 4, 2015

          ORDER

          KIMBERLY J. MUELLER, District Judge.

         Plaintiff filed a negligence action against defendant on September 23, 2015. (ECF 1.) On April 27, 2015, the parties participated in the court's Voluntary Dispute Resolution Program (VDRP) and reached settlement. See ECF No. 12. On May 5, 2015, the parties filed a stipulated settlement agreement and proposed order approving the settlement. (ECF 13.) In the settlement agreement, the parties request that this court retain jurisdiction to enforce the settlement agreement. (Id. at 4.)

         By this order, the court APPROVES the parties' stipulation and dismisses the action with prejudice. However, the court in its discretion declines to maintain jurisdiction to enforce the terms of the parties' settlement agreement. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994); cf. Collins v. Thompson, 8 F.3d 657, 659 (9th Cir. 1993). Unless there is some independent basis for federal jurisdiction, enforcement of the agreement is for state courts. Kokkonen, 511 U.S. at 382.

         IT IS SO ORDERED.


Summaries of

Russell v. United States

United States District Court, Ninth Circuit, California, E.D. California
Jun 4, 2015
2:14-cv-02209-KJM-DAD (E.D. Cal. Jun. 4, 2015)
Case details for

Russell v. United States

Case Details

Full title:WILLIAM F. RUSSELL, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Jun 4, 2015

Citations

2:14-cv-02209-KJM-DAD (E.D. Cal. Jun. 4, 2015)