Acosta v. Super Save & La Michuacana Markets, Inc.

Acosta · United States District Court for the Eastern District of California · July 10, 2025 · No. 1:25-cv-00105-BAM

Summary

The United States District Court for the Eastern District of California vacated the July 18, 2025 hearing on Plaintiff Jose Acosta’s motion to enforce a settlement agreement and request for attorneys’ fees. The court directed Plaintiff to submit supplemental briefing within 21 days addressing whether the court may enforce the agreement when Defendants are in default, have not appeared, and the agreement does not show their consent to court enforcement without a general appearance.

Questions Presented

  1. Whether plaintiff should be required to provide supplemental briefing concerning the court's authority to enforce the settlement agreement given that defendants were in default and had not appeared.
  2. Whether the scheduled hearing on plaintiff's motion to enforce the settlement agreement and request for attorneys' fees should be vacated pending supplemental briefing.

Disposition

other

Cases Cited (2)

  • In re City Equities Anaheim, Ltd., 22 F.3d 954, 957 (9th Cir. 1994)(followed)
  • Brooke v. Capri Motel, LLC, No. 1:18-cv-0062-LJO-JLT, 2018 WL 3062188, at *2 (E.D. Cal. June 19, 2018)(followed)

Cited In (0)

No citing cases on record yet.

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