Holst

Holst v. Ridge

Good Law
78 F. App'x 580
United States Court of Appeals for the Ninth CircuitOctober 15, 2003No. 02-55125; D.C. No. CV-97-08816-TJHCalifornia428 words

Opinion

Lead Opinion

*581 MEMORANDUM ***

Wolfgang Holst asserts that the district court erred in denying his motion to enforce a prior settlement agreement and to impose sanctions against the government for violating the terms of that settlement agreement. We have jurisdiction to hear this appeal pursuant to 28 U.S.C. § 1291 . We affirm.

The district court lacked jurisdiction to reopen the case to enforce the settlement agreement. Generally, federal courts lack jurisdiction to enforce settlement agreements. O’Connor v. Colvin, 70 F.3d 530, 532 (9th Cir.1995) (citing Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375 , 114 S.Ct. 1673 , 128 L.Ed.2d 391 (1994)). However, an exception to this rule occurs where the order dismissing the action, by agreement of the parties, incorporates the terms of the settlement agreement or otherwise expressly indicates that the court intends to retain jurisdiction over the settlement agreement. Id.

In the present case, the district court’s Stipulation for Compromise Settlement and Order Dismissing Action purported to retain jurisdiction of Holst’s action “pending completion of the terms of settlement.” The terms of settlement were completed when Holst was permanently…

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