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Edmonds v. Signature Vanguard Solutions

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 21, 2010

SHERI EDMONDS, PLAINTIFF,
v.
SIGNATURE VANGUARD SOLUTIONS, LLC, DEFENDANT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER STRIKING MOTION TO ENFORCE SETTLEMENT AGREEMENT

(Doc. 9)

Plaintiff Sheri Edmonds moves for enforcement of a purported settlement agreement with Defendant Signature Vanguard Solutions, LLC. Defendant does not respond to Plaintiff's motion.

According to Plaintiff, the parties allegedly agreed to settle the dispute underlying this action for $500.00 damages and $2495.00 fees and costs on April 23, 2010, after Defendant was served in this action, but before Defendant answered or otherwise appeared. Because the purported settlement agreement was never incorporated into the record of this action, nor provided as part of Plaintiff's enforcement motion, no agreement is before this Court to enforce.

In addition, because Defendant has never appeared in this action, this Court lacks jurisdiction over it. As a result, the Court can neither grant nor deny Plaintiff's enforcement motion. (In light of Defendant's failure to follow through on the purported settlement agreement or to appear in this action in its own defense, as well as its apparent decision not to retain the attorneys who negotiated the settlement agreement on behalf of Defendant, this Court wonders at Plaintiff's hesitation to declare Defendant's default in this action by requesting that the Clerk enter default against it.)

Accordingly, this Court hereby STRIKES Plaintiff's motion to enforce.

IT IS SO ORDERED.

20101021

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