Ackley v. Carroll et al

Filing 117

ORDER DENYING 115 Plaintiff's Motion to Enforce Settlement Agreement signed by Magistrate Judge Barbara A. McAuliffe on 12/27/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DONALD J. ACKLEY,

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CASE NO. 1:06-cv-00771-AWI-BAM PC

Plaintiff,

ORDER DENYING MOTION TO ENFORCE
SETTLEMENT AGREEMENT

v.
(ECF No. 115)

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D. CARROLL, et al.,
Defendants.
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Plaintiff Donald J. Ackley (“Plaintiff”) is a state prisoner who was proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August, 8, 2012, the

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parties participated in a settlement conference before the undersigned. The parties reached an

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agreement and placed the settlement terms on the record. Thereafter, on August 17, 2012, the parties

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submitted a signed stipulation to dismiss the action with prejudice. Pursuant to that stipulation, the

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Court dismissed the action with prejudice on August 21, 2012.

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On December 19, 2012, Plaintiff filed the instant motion to enforce the settlement agreement.

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Doc. 115. In the motion, Plaintiff asserted that he had not received payment of settlement funds as

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of December 17, 2012. Plaintiff also claimed that he would reject the settlement agreement and

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proceed to trial if he did not receive double the amount of settlement funds by December 24, 2012.

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On December 20, 2012, Defendants filed an opposition to Plaintiff’s motion to enforce the

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settlement. Doc. 116. In the opposition, Defense counsel indicated the following: (1) payment of

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the settlement funds was to be made within 180 days of the settlement agreement; and (2) the State

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Controller’s Office issued payment on or about December 7, 2012, with Plaintiff to receive the funds
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within two weeks of that date, less any outstanding restitution obligations and related administrative

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fees.

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Based on the representations of defense counsel, Defendants have made payment of the

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settlement funds in accordance with the terms of the settlement agreement and there is no basis for

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this Court to intervene. Accordingly, Plaintiff’s motion to enforce the settlement agreement is

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HEREBY DENIED without prejudice.

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IT IS SO ORDERED.
Dated:
10c20k

December 27, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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