Guinn v. Sturm et al

Filing 90

ORDER Adopting 72 Findings and Recommendations that Defendants' Motion to Enforce the settlement Agreement be Granted, signed by District Judge Lawrence J. O'Neill on 4/30/13. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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PAULO EUGENE GUINN,

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

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS THAT
DEFENDANTS' MOTION TO
ENFORCE THE SETTLEMENT
AGREEMENT BE GRANTED

Plaintiff,
v.

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J. STURM, et al.,

(Doc. No. 72, 88)

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Defendants.
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On March 7, 2013, the Magistrate Judge issued Findings and Recommendations that

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Defendants' Motion to Enforce the Settlement Agreement be granted. (Doc. 88.) These Findings

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and Recommendations were served on all parties appearing in the action on April 2, 2013,1 and

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contained notice that any objections were to be filed within twenty-one (21) days after service of the

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order. No objections were filed.

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Although the Findings and Recommendations were issued on March 7, 2013, Plaintiff was not served with
the Findings and Recommendations until April 2, 2013. (See Doc. 89.) The objection period was extended 21 days from
the date of service of the Findings and Recommendations on Plaintiff. (Doc. 89.)

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the

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Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Findings and Recommendations issued on March 7, 2013, are ADOPTED IN
FULL;

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2.

Defendants' Motion to Enforce the Settlement Agreement is GRANTED;

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3.

Defendants are ORDERED to make payment to Plaintiff as provided in the parties'

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settlement agreement;

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4.

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settlement payment was made no later than May 29, 2013; and

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5.

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Once Defendants have filed a statement establishing that payment has been made, the
action will be dismissed with prejudice.

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Defendants are ORDERED to submit a statement establishing when and to whom the

IT IS SO ORDERED.
Dated:

April 30, 2013

/s/ Lawrence J. O'Neill
66h44d
UNITED STATES DISTRICT JUDGE

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