Hubbard

MEMORANDUM ***

The Americans With Disabilities Act (“ADA”) lawsuit brought by appellants Lynn and Barbara Hubbard (“the Hub-bards”) against appellant Price Costco Wholesale Corporation (“Costco”) in the Southern District of California settled before Magistrate Judge Lou Papas. As part of the settlement, the Hubbards agreed to release Costco from all claims or potential claims relating to any Costco properties, up to the date of the settlement agreement (“the Release”). The stipulation of dismissal, entered by the district court, provided that the magistrate judge shall retain jurisdiction over all disputes between the parties arising out of the settlement agreement.

*822 The Hubbards subsequently filed an ADA action in the Central District of California against Costco with respect to a different Costco store (“Costco II”). Costco moved to dismiss on the basis of the Release. The court stayed the motion so that the parties could obtain clarification from Magistrate Judge Papas as to the scope of the Release. The magistrate judge ruled that the Hubbards have not released Costco from any claim that relates to circumstances that existed after the date the parties entered into the…