Nunn v. United States Liability Insurance Company

District Court, S.D. California·Decided August 6, 2024·No. 3:21-cv-01473·Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SUZANNE NUNN, an individual, Case No.: 21-CV-1473 JLS (MSB)

12 Plaintiff, ORDER GRANTING PLAINTIFF 13 v. AND DEFENDANT NATIONWIDE MUTUAL INSURANCE 14 UNITED STATES LIABILITY COMPANY’S JOINT MOTION TO INSURANCE COMPANY, a 15 DISMISS WITH PREJUDICE Pennsylvania corporation;

16 NATIONWIDE MUTUAL INSURANCE (ECF No. 111) COMPANY, an Ohio corporation; and 17 DOES 1 through 100, inclusive, 18 Defendants. 19

20 Presently before the Court is the Joint Motion to Dismiss with Prejudice (“Joint 21 Mot.,” ECF No. 108) filed by Plaintiff Suzanne Nunn and Defendant Nationwide Mutual 22 Insurance Company (“Nationwide”). Good cause appearing, the Court GRANTS the Joint 23 Motion pursuant to Federal Rule of Civil Procedure 41(a) and DISMISSES this action as 24 to Nationwide WITH PREJUDICE. As agreed by and between Plaintiff and Nationwide, 25 each side will bear its own attorney’s fees and costs. Further, as requested in the Joint 26 Motion, the Court will retain jurisdiction over Plaintiff and Nationwide to enforce the terms 27 of their settlement agreement for a period not to exceed one year from the date of this 28 Order. See Seldon v. George Brown Sports Club - Palm, LLC, No. 1:17-cv-01421-DAD- 1 || SAB, 2019 U.S. Dist. LEXIS 1246, at *1 (E.D. Cal. Jan. 2, 2019) (“Federal courts may, 2 || within their discretion, retain jurisdiction over settlement agreements reached out of court.” 3 || (citing Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994))). 4 As this concludes the litigation in this matter, the Clerk of the Court SHALL 5 || CLOSE the file. 6 IT IS SO ORDERED. 7 ||Dated: August 5, 2024 jae L. Lo memeaite- g on. Janis L. Sammartino 9 United States District Judge

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Related

Kokkonen v. Guardian Life Insurance Co. of America
511 U.S. 375 (Supreme Court, 1994)