Fernandes v. Wilsey
- Jacquelyn Corley
- 3:11-cv-04196
- U.S. District Court · Northern District of California
- 2
In Fernandes v. Wilsey, Judge Corley dismissed the settled case with prejudice and retained jurisdiction to enforce the settlement for 18 months.
Michael Fernandes, David Wilsey, and Christine Stevens, as trustee of the Stevens Family Trust; the settlement agreement's future performance remained subject to enforcement by the court for 18 months.
What happened
Fernandes v. Wilsey involved Michael Fernandes's action against David Wilsey and Christine Stevens, as trustee of the Stevens Family Trust. The parties reported that they had reached a full and final settlement and had signed a settlement agreement.
The parties asked the court to dismiss the action with prejudice under Federal Rule of Civil Procedure 41(a)(2). They also asked the court to retain jurisdiction for 18 months so it could enforce the settlement agreement, which included obligations to be performed in the future.
Judge Jacqueline Scott Corley ordered the action dismissed with prejudice and retained jurisdiction to enforce the settlement agreement for 18 months from January 30, 2012.
The detailed version
- Fernandes v. Wilsey · No. 3:11-cv-04196
- Jacquelyn Corley
- May 15, 2020
Background
Michael Fernandes brought this action against David Wilsey and Christine Stevens, as trustee of the Stevens Family Trust. The parties stipulated that they had reached a full and final settlement of all issues and had fully executed a settlement agreement. The opinion does not describe the underlying claims.
Settlement and Requested Relief
The parties stated that some settlement obligations would be performed in the future. They asked the court to incorporate the settlement agreement by reference and to retain jurisdiction for 18 months to enforce its terms. Retained jurisdiction means that the court continues to have authority over the action for the specified purpose. The parties cited Kokkonen v. Guardian Life Insurance Co. of America as authority for retaining jurisdiction to enforce a settlement.
Disposition
The court ordered that the action be dismissed with prejudice under Federal Rule of Civil Procedure 41(a)(2). The court also retained jurisdiction to enforce the settlement agreement for 18 months after January 30, 2012. The order resolved the action based on the parties' settlement and did not decide the underlying claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.