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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS JOHN CARLSON,
Plaintiff,

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v.
R. HANSEN, et al.,
Defendants.

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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

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(Docs. 96 and 97)
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_____________________________________/
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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.
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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).
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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).
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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.
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Dated:

/s/ Lawrence J. O’Neill

April 21, 2015

UNITED STATES DISTRICT JUDGE
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