Jorge L. Ruiz Limon v. Nissan North America, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
JORGE L. RUIZ LIMON, Case No. 2:22-cv-06263-SB-MRW
Plaintiff, v. ORDER RE: DISMISSAL AND
ORDER TO SHOW CAUSE
NISSAN NORTH AMERICA, INC., HEARING
Defendant. The parties on May 10, 2023 filed a stipulation to dismiss this action with prejudice. Dkt. No. 42. Accordingly, the action is DISMISSED with prejudice. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Court retains jurisdiction to consider whether to impose sanctions for the parties’ violation of its scheduling order, as discussed in the May 8 order to show cause re: sanctions (OSC). Dkt. No. 39. See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396 (1990) (holding that voluntary dismissal does not deprive court of authority to issue Rule 11 sanctions because “the imposition of a Rule 11 sanction is not a judgment on the merits of an action. Rather, it requires the determination of a collateral issue: whether the attorney has abused the judicial process, and, if so, what sanction would be appropriate”); Mireskandari v. Associated Newspapers, Ltd., 665 F. App’x 570, 572 (9th Cir. 2016) (relying on Cooter to affirm Rule…