Carlson v. Hansen, et al.

Filing 98

ORDER (1) Dismissing Action Pursuant to Stipulations of Voluntary Dismissal, with Prejudice, (2) Directing Clerk of Clerk to Close Case, and (3) Retaining Jurisdiction to Enforce Settlement Agreement Pending Fulfillment of Terms and Receipt of Declaration Attesting to Fulfillment of Terms re 96 , 97 , signed by District Judge Lawrence J. O'Neill on 4/21/15. CASE CLOSED.(Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 THOMAS JOHN CARLSON, Plaintiff, 11 12 13 14 v. R. HANSEN, et al., Defendants. 15 Case No. 1:10-cv-00759-LJO-SKO (PC) ORDER (1) DISMISSING ACTION PURSUANT TO STIPULATIONS OF VOLUNTARY DISMISSAL, WITH PREJUDICE, (2) DIRECTING CLERK OF COURT TO CLOSE CASE, AND (3) RETAINING JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT PENDING FULFILLMENT OF TERMS AND RECEIPT OF DECLARATION ATTESTING TO FULFILLMENT OF TERMS 16 (Docs. 96 and 97) 17 _____________________________________/ 18 19 Plaintiff Thomas John Carlson, a state prisoner proceeding pro se and in forma pauperis, 20 filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 30, 2010. This action is 21 currently proceeding on Plaintiff’s third amended complaint, filed on November 6, 2013, against 22 Defendants Worth, Newton, Rodriquez, Vega, Monroy, Angulo, Madrid, Abraham, Alvarado, 23 Chan, and Villa. 24 On April 2, 2015, Plaintiff and Defendants Worth, Newton, Rodriquez, Vega, Monroy, 25 Abraham, Alvarado, Chan, and Villa reached a monetary settlement agreement, and the settlement 26 agreement was placed on the record by United States Magistrate Judge Kendall J. Newman, who 27 conducted the settlement conference. The Court shall retain jurisdiction to enforce the settlement 28 agreement until such time as Defendants’ Worth, Newton, Rodriquez, Vega, Monroy, Abraham, 1 Alvarado, Chan, and Villa’s counsel files a declaration stating that the terms of the settlement have 2 been fulfilled. Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 378, 114 S.Ct. 1673 (1994); 3 Alvarado v. Table Mountain Rancheria, 509 F.3d 1008, 1017 (9th Cir. 2007); Ortolf v. Silver Bar 4 Mines, Inc., 111 F.3d 85, 87-88 (9th Cir. 1997); Hagestad v. Tragesser, 49 F.3d 1430, 1433 (9th 5 Cir. 1995). 6 Pursuant to Judge Newman’s order, on April 20, 2015, Plaintiff and Defendants Worth, 7 Newton, Rodriquez, Vega, Monroy, Abraham, Alvarado, Chan, and Villa filed a signed stipulation 8 to voluntarily dismiss this action, with prejudice. Fed. R. Civ. P. 41(a)(1)(A)(ii). On the same 9 date, Plaintiff and the remaining two defendants, Angulo and Madrid, filed a signed stipulation to 10 voluntarily dismiss this action, with prejudice. Fed. R. Civ. P. 41(a)(1)(A)(ii). 11 According, it is HEREBY ORDERED that (1) this action is dismissed, with prejudice, 12 pursuant to the parties’ stipulation of dismissal, (2) the Clerk of the Court shall close this case, and 13 (3) the Court shall retain jurisdiction to enforce the settlement agreement until such time as 14 Defendants Worth, Newton, Rodriquez, Vega, Monroy, Abraham, Alvarado, Chan, and Villa’s 15 counsel files a declaration stating that the terms of the settlement have been fulfilled. Fed. R. Civ. 16 P. 41(a)(2). IT IS SO ORDERED. 17 18 Dated: /s/ Lawrence J. O’Neill April 21, 2015 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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