Guinn v. Sturm et al

Filing 81

ORDER on Defendants' 72 Motion to Enforce Settlement Agreement, signed by Magistrate Judge Sheila K. Oberto on 11/28/2012. (Defendants supplemental brief due 12/7/2012, Mr. Watkins to serve this order personally and by mail on Plaintiff no later than 12/7/2012 and a certificate of service shall be filed with the Court no later than 12/21/2012, Plaintiff to obtain new Counsel by 1/16/2013, any opposition to Defendants' motion to enforce the settlement due 1/25/2013, Defendants' motion to enforce the settlement agreement will be held in abeyance until 1/25/2013.) (Gaumnitz, R)

1
2
3
4
5
6
7
8
9
10

UNITED STATES DISTRICT COURT

11
EASTERN DISTRICT OF CALIFORNIA
12
13

PAULO EUGENE GUINN,

CASE NO. 1:10-cv-00320-LJO-SKO

14
15
16

ORDER ON DEFENDANTS' MOTION
TO ENFORCE SETTLEMENT

Plaintiff,
v.

17

(Doc. No. 72)
J. STURM, et al.,

18
Defendants.
19
/
20
21

On October 5, 2012, Plaintiff's counsel, Mr. James Watkins, filed a motion to withdraw.

22

(Doc. 70.) On October 9, 2012, Defendants filed a motion to enforce a settlement agreement. (Doc.

23

72.) Both matters were heard on November 28, 2012. By separate order, Mr. Watkins was permitted

24

to withdraw as Plaintiff's counsel.

25

Accordingly, Plaintiff is granted 45 days to retain new counsel to represent him in this case.

26

The Court shall hold Defendants' motion to enforce the settlement agreement in abeyance for the 45-

27

day period provided to Plaintiff to retain new counsel.

28

1

Defendants shall file a supplemental brief that provides argument supported by legal

2

authority to establish that all material terms of the settlement were set forth in the parties' November

3

10, 2011, written agreement, including Plaintiff's consideration for the settlement, e.g., a release of

4

liability and the terms of dismissal of the suit.

5

Accordingly, IT IS HEREBY ORDERED that:

6

1.

7

No later than December 7, 2012, Defendants shall file a supplemental brief as set
forth above;

8

2.

9

No later than December 7, 2012, Mr. Watkins shall have this order served
personally and by mail on Plaintiff, and a certificate of service shall be filed with the

10

Court no later than December 21, 2012;

11

3.

12

Plaintiff shall have until January 16, 2013, to obtain new counsel who shall file a
notice of appearance with the Court before that date;

13

4.

14

On or before January 25, 2013, Plaintiff shall file any opposition to Defendants'
motion to enforce the settlement;

15

5.

16

Defendants' motion to enforce the settlement agreement will be held in abeyance
until January 25, 2013;

17

Plaintiff is cautioned that, should he fail to retain new counsel or should he fail to

18

oppose Defendants' motion within the time provided above, the case will proceed and the

19

Court will issue an order on Defendants' motion to enforce the settlement.

20
21

IT IS SO ORDERED.

22

Dated:
ie14hj

November 28, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

23
24
25
26
27
28
2