La Jolla Spa MD, Inc. v. Avidas Pharmaceuticals, LLC

Opinion

1 4 5 } LA JOLLA SPA MD, INC., Case No. 17-cv-1124-MMA (WVG) 6 Plaintiff, ORDER GRANTING JOINT 7 MOTION TO DISMISS 8 AVIDAS PHARMACEUTICALS, LLC, [Doc. No. 132] 9 Defendant. 10 1] 12 La Jolla Spa MD, Inc. and Avidas Pharmaceuticals, LLC move to dismiss this 13 action with prejudice pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)(A)(qi). 14 See Doc. No. 132. Good cause appearing, the Court GRANTS the parties’ joint motion 15 DISMISSES this action in its entirety with prejudice. Each party must bear its own 16 and attorneys’ fees. The Court ORDERS the Clerk of Court to terminate this 17 } action.! 19 Dated: March 9, 2019 “ WMiidul To ~f hhh 20 Hon. Michael M. Anello United States District Judge 22 23 ' The Court declines to retain jurisdiction over this action for purposes of enforcing the parties’ privately negotiated settlement agreement. To the extent the parties seek a judgment against 25 Defendant’s former counsel, Julie Chovanes, the Court cannot enter judgment against her because she is not a party before the Court. However, this Order does not interfere with the Court’s ancillary 26 jurisdiction to use its inherent contempt power to effectuate its previous sanctions order against Chovanes. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 379-80 (1994); Cooter & Gell 27 v. Hartmarx Corp., 496 U.S. 384, 396 (1990); Colaprico v. Sun Microsystems, Inc., No. CIV. 90-20610 8 SW, 1994 WL 514029, at *2 (N.D. Cal. Aug. 22, 1994). To the extent the parties seek a contempt award against Chovanes, they have not properly moved for such.