Howard v. Gradtillo et al

Filing 122

ORDER Regarding Plaintiff's Order To Show Case As To Settlement Agreement (ECF Nos. 119 , 121 ), signed by Magistrate Judge Stanley A. Boone on 5/22/2014. Plaintiffs motion requesting enforcement of the settlement agreement must be DENIED. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLARENCE. HOWARD,

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Plaintiff,
v.
GRADTILLO, et al.,
Defendants.

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Case No.: 1:05-cv-00906-AWI-SAB (PC)
ORDER REGARDING PLAINTIFF’S ORDER
TO SHOW CASE AS TO SETTLEMENT
AGREEMENT
[ECF Nos. 119, 121]

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On June 24, 2013, the parties notified that the Court that they had settled this case in its

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entirety. On June 25, 2013, by stipulation of the parties the instant action filed pursuant to 42 U.S.C. §

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1983 was dismissed, with prejudice, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil

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Procedure. (ECF No. 117.)

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On March 10, 2014, Plaintiff filed a motion for an order to show cause and temporary

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restraining order to direct Defendants to comply with the settlement agreement. Defendants filed a

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response to Plaintiff’s motion on May 9, 2014.

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In their response, Defense counsel indicates that Plaintiff has failed to assist her in obtaining

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the necessary information to fulfill their obligation under the settlement agreement. Specifically,

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counsel states, “[d]espite the undersigned’s attempts to facilitate Plaintiff’s completion of the

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document and assist him in ascertaining his social security number, to date Plaintiff has not provided a

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completed Payee Data Record. As a result, the obligation to make payment has not accrued.” (ECF
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No. 121, Response, at 1.) Defense counsel’s declaration sets forth the specific terms of the agreement,

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and the actions taken on their part to fulfill its obligation under the agreement. The evidence before

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the Court demonstrates that defense counsel has assisted Plaintiff to the extent possible in obtaining

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any and all necessary information to complete fully its obligation under the settlement agreement.

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There is no basis for any type of enforcement order by this Court. Accordingly, Plaintiff’s motion

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requesting enforcement of the settlement agreement must be DENIED.

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IT IS SO ORDERED.
Dated:

May 22, 2014
UNITED STATES MAGISTRATE JUDGE

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