From Casetext: Smarter Legal Research

Cooke v. United States

United States District Court, S.D. California
Aug 6, 2007
Case No. 06cv0616-BEN (NLS) (S.D. Cal. Aug. 6, 2007)

Summary

granting defendant's motion to amend its answer and raise affirmative defenses upon a finding that doing in that case "would not cause unfair surprise or unreasonably broaden the issues"

Summary of this case from Cebe Farms, Ind. v. United States

Opinion

Case No. 06cv0616-BEN (NLS).

August 6, 2007


ORDER


FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED THAT:

1. The above-captioned action is dismissed, with prejudice, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure;

2. This dismissal is made pursuant to a separate Stipulation for Compromise Settlement and Release (the "Settlement Agreement") between the parties and their attorneys;

3. This dismissal with prejudice results from a compromise settlement of a disputed claim and does not constitute any admission of liability or fault on the part of the Defendant and its agencies, facilities, agents or employees, in reference to the events alleged in the Complaint or otherwise; and

4. Notwithstanding the entry of a dismissal herein, the parties hereby agree that, pursuant to 28 U.S.C. § 636, United States Magistrate Judge Nita L. Stormes shall retain jurisdiction over all disputes between and/or among the parties arising out of the settlement agreement, including but not limited to interpretation and enforcement of the terms of the settlement agreement.Kokkonen v. Guardian Life Ins. Co. of America, 114 S. Ct. 1673, 1677 (1994).


Summaries of

Cooke v. United States

United States District Court, S.D. California
Aug 6, 2007
Case No. 06cv0616-BEN (NLS) (S.D. Cal. Aug. 6, 2007)

granting defendant's motion to amend its answer and raise affirmative defenses upon a finding that doing in that case "would not cause unfair surprise or unreasonably broaden the issues"

Summary of this case from Cebe Farms, Ind. v. United States
Case details for

Cooke v. United States

Case Details

Full title:HENRY COOKE Plaintiff, v. UNITED STATES OF AMERICA Defendant

Court:United States District Court, S.D. California

Date published: Aug 6, 2007

Citations

Case No. 06cv0616-BEN (NLS) (S.D. Cal. Aug. 6, 2007)

Citing Cases

Trusted Integration, Inc. v. U.S.

Trusted Integration cites two additional cases from this court for the proposition that the comparison of two…

Ramah Navajo School Board, Inc. v. U.S.

"Thus, section 1500 divests this Court of subject matter jurisdiction when a plaintiff has elected to file…