IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 6, 2009
J & J SPORTS PRODUCTIONS, INC., PLAINTIFF,
JOSE GUADALUPE PRADO AND MARIA ELENA PRADO, INDIVIDUALLY AND D/B/A/ RESTAURANTE DEL PRADO, DEFENDANTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
On August 4, 2009, the parties filed a stipulation and proposed order in which they state this action has settled "subject to the Court's jurisdiction to enforce the settlement agreement reached between the Parties." The parties mistakenly assume the court would exercise jurisdiction over some part of their settlement agreement that has not been explained in their stipulation. "Moreover, the mere fact that the parties agree that the court exercise continuing jurisdiction is not binding on the court." Arata v. NuSkin Int'l, Inc., 96 F.3d 1265, 1269 (9th Cir. 1996).
However, this action is dismissed since the parties request that it be dismissed. See generally Oswalt v. Scripto, Inc., 616 F.2d 191, 194-95 (5th Cir. 1980)(indicating even when parties fail to enter a "formal dismissal . . . in the record" the court may dismiss the action when it is evident that the parties intended to have the action dismissed).
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