Johnson v. Camden Almaden, LLC

Good Law
United States District Court, Northern District of CaliforniaMay 24, 20215:20-cv-06514California608 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SCOTT JOHNSON, Case No. 20-CV-06514-LHK

Plaintiff, ORDER DENYING FOR LACK OF

JURISDICTION EX PARTE

v. APPLICATION FOR ENTRY OF

STIPULATED JUDGMENT

CAMDEN ALMADEN, LLC,, Re: Dkt. No. 18 Defendant. 16 On February 4, 2021, the parties filed a joint stipulation for dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). ECF No. 17. The stipulation “neither expressly reserve[d] jurisdiction nor incorporate[d] the terms of [a] settlement agreement.” Hagestad v. Tragesser, 49 F.3d 1430, 1433 (9th Cir. 1995) (vacating order enforcing settlement for lack of subject matter jurisdiction). Rather, the stipulation in its entirety provided as follows: Pursuant to F.R.CIV.P.41 (a)(1)(A)(ii), IT IS STIPULATED by and between the parties hereto that this action may be dismissed with prejudice as to all parties; each party to bear his/her/its own attorneys’ fees and costs. This stipulation is made as …

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