Baughman

(PC) Poslof v. Baughman

Good Law
United States District Court, Eastern District of CaliforniaJune 30, 20232:19-cv-02243California359 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LONNIE LEE POSLOF, JR., No. 2:19-cv-2243 KJN P Plaintiff, v. ORDER DAVID BAUGHMAN, et al., Defendants. 16 Plaintiff has filed two motions requesting the court enforce his settlement agreement and hold defendants in contempt for violating the agreement. ECF Nos. 24, 25. On November 3, 2020, the parties filed a stipulation for voluntary dismissal of this action with prejudice and the case was closed the following day pursuant to the parties’ stipulation. ECF Nos. 22, 23. Unless the “parties’ obligation to comply with the terms of [a] settlement agreement [are] made part of the order of dismissal—either by separate provision (such as a provision ‘retaining jurisdiction’ over the settlement agreement) or by incorporating the terms of the settlement agreement in the order,” then “enforcement of the settlement agreement is for state courts, unless there is some independent basis for federal jurisdiction.” Kokkonen v. Guardian…

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