Olvey v. Errotabere Ranches et al

Filing 223

ORDER Re Memorandum Decision and Order Re Plaintiff's Motion to Enforce Settlement Agreement, signed by Judge Oliver W. Wanger on 4/22/2011. (Gaumnitz, R)

1
2
3
4

René Lastreto, II, #100993
Scott J. Ivy, #197681
Lang, Richert & Patch
Post Office Box 40012
Fresno, California 93755-0012
[phone] Phone
[phone] Fax
G:\docs\RGaumnitz\Orders to be signed\06cv653.Order Re Decision.wpd:rp

5
6

Attorneys for Defendants ERROTABERE RANCHES, a California partnership; DANIEL D.
ERROTABERE; an individual; JEAN ERROTABERE, an individual

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

FRESNO DIVISION

11

JAMES M. OLVEY,

12

Plaintiff,

13
14
15

Case No.

1:06-CV-00653-OWW-SMS

ORDER RE MEMORANDUM
DECISION AND ORDER RE
PLAINTIFF’S MOTION TO ENFORCE
SETTLEMENT AGREEMENT

v.
ERROTABERE RANCHES, a California
partnership; DANIEL D. ERROTABERE; an
individual; JEAN ERROTABERE, an
individual

16
Defendants.
17
18
19

On March 14, 2010, at 10:00 a.m. in Courtroom 3 of the above-entitled court, The Honorable

20

Oliver W. Wanger presiding, the motion of Plaintiff JAMES OLVEY (“Plaintiff”) to enforce

21

settlement agreement, was heard. Attorney Scott J. Ivy appeared on behalf of Defendants. Other

22

appearances are as set forth in the record.

23

After taking the matter under submission, and upon consideration of the written and oral

24

argument and the evidence presented, including all reasonable inferences therefrom, and good cause

25

appearing therefor, as set forth in this Court’s Memorandum of Decision dated March 16, 2011 (a

26

true and correct copy of which is attached hereto as Exhibit “A.”):

27

///

28

///
Order Re Memo of Decision & Order Re Plaintiff’s
Motion to Enforce Settlement Agreement

1

1
2

Plaintiff’s motion to enforce settlement agreement is hereby DENIED, subject to the Road
measurement condition specified in the Court’s Memorandum of Decision.

3
4

IT IS SO ORDERED:

5
6

Dated: April 22, 2011

/s/ OLIVER W. WANGER
UNITED STATES DISTRICT COURT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order Re Memo of Decision & Order Re Plaintiff’s
Motion to Enforce Settlement Agreement

2