Ford Motor Credit Company LLC v. Randolph Ben Clymer

• Court: District Court, C.D. California
• Decided: November 30, 2023
• Docket: 5:21-cv-01093
• Status: Unknown

Opinion

1 2 JS-6 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION 10 11 Ford Motor Credit Company LLC, Case No. 5:21-cv-01093-MWF(SPx)

12 Plaintiff, ORDER FOR DISMISSAL WITHOUT PREJUDICE 13 vs. Assigned to: Judge Michael W. Fitzgerald 14 Randolph Ben Clymer, Referred to: Magistrate Judge Sheri Pym

15 Defendant. Trial Date: December 12, 2023

17 The Court being fully advised and based on the stipulation to order for 18 dismissal without prejudice and for retention of jurisdiction of plaintiff, Ford Motor 19 Credit Company LLC, a Delaware limited liability company (“Ford Credit” or 20 “Plaintiff”) and defendant, Randolph Ben Clymer, an individual (“Clymer” or 21 “Defendant”), (Plaintiffs and Defendants being referred to together as the “Parties”), 22 and pursuant to Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381- 23 382 (1994); K.C. ex rel. Erica C. v. Torlakson (9th Cir. 2014) 762 F.3d 963, 967, 24 quoting, Kokkonen, supra, 511 U.S. at 381, 114 S.Ct. 1673, (“Courts have ancillary 25 jurisdiction to enforce a settlement agreement only ‘if the parties’ obligation to 26 comply with the terms of the settlement agreement ha[s] been made part of the order 27 of dismissal—either by separate provision (such as a provision ‘retaining 1 || settlement agreement in the order.’ ”) See also, Alvarado v. Table Mountain 2 || Rancheria, 509 F.3d 1008, 1017 (9th Cir.2007) (stating that where “the dismissal 3 || order incorporates the settlement terms, or the court has retained jurisdiction over 4 || the settlement contract.... the party seeking enforcement of the settlement agreement 5 || must allege a violation of the settlement agreement in order to establish ancillary 6 || jurisdiction’) 7 IT IS HEREBY ORDERED THAT: 8 l. The Parties’ Confidential Settlement Agreement and Release entered 9 || into by them in connection with this Action with an Effective Date of November 27, 10 || 2023 (the “Settlement Agreement’) and the Stipulation for Entry of Judgment 11 || Against Defendant Randolph Ben Clymer (the “Stipulation to Judgment’) is 12 || incorporated by reference into this Stipulated Order. 13 2. Ford Credit’s complaint is dismissed without prejudice. 14 3. The Court shall retain jurisdiction over the Parties and this matter, 15 || under its current case number, to: 16 a) enforce the terms of the Settlement Agreement; 17 b) enter judgment against defendant, Randolph Ben Clymer on the 18 Parties’ Stipulation to Judgment. 19 IT IS SO ORDERED. 20 21 || Dated: November 30 2023 22 □ 23 Koc} YY 74 MICHAEL FITZ D i! United States District Judge 25 26 27 28