Automated Summary
Key Facts
This is an order of conditional dismissal for case 5:24-cv-05277-NC between Plaintiffs FIONA and others and Defendant BRIAN RISSO. The action was settled and the court has dismissed all claims with prejudice. The Court retains jurisdiction for 60 days to allow any party to move to reopen the case, with all scheduled dates vacated.
Issues
The court addressed whether to dismiss the case based on the parties' settlement agreement. The court determined that with no remaining issues, the action would be dismissed with prejudice and the case administratively closed, while retaining jurisdiction for 60 days.
Holdings
The court dismissed the action with prejudice and retains jurisdiction for 60 days. Any party may move to reopen the case within 60 days.
Remedies
The court ordered dismissal of the action with prejudice and directed the Clerk to administratively close the case. The court retained jurisdiction for 60 days, allowing any party to move to reopen the case within that period. All scheduled dates were vacated.
Legal Principles
The court retains jurisdiction for 60 days after conditional dismissal, allowing parties to move to reopen the case if settlement terms are not met, based on Kokkonen v. Guardian Life Ins. Co. of Am.
Precedent Name
Kokkonen v. Guardian Life Ins. Co. of Am.
Judge Name
Nathanael M. Cousins
Passage Text
- Any party may move to reopen the case, provided that such motion is filed within 60 days. All scheduled dates are VACATED.
- IT IS HEREBY ORDERED THAT this action and all claims asserted herein are DISMISSED with prejudice.
- The Court retains jurisdiction over this case for 60 days. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994).