Williams v. City of Merced et al

Filing 91

ORDER DISCHARGING 89 Order to Show Cause Re Sanctions; ORDER GRANTING Voluntary Dismissal of Action upon Settlement; Clerk shall CLOSE the CASE signed by Magistrate Judge Michael J. Seng on 10/9/2013. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 GREGORY WILLIAMS, Plaintiff, 11 12 Case No. 1:10-cv-01999-MJS ORDER DISCHARGING ORDER TO SHOW CAUSE RE SANCTIONS v. (ECF No. 89) 13 CITY OF MERCED, OFFICER PINNEGAR, 14 Defendants. ORDER GRANTING VOLUNTARY DISMISSAL OF ACTION UPON SETTLEMENT 15 (ECF No. 90) 16 CLERK SHALL CLOSE THE CASE 17 18 19 Plaintiff Gregory Williams filed this civil rights action on October 22, 2010 pursuant to 20 42 U.S.C. § 1983. On August 28, 2013, a settlement conference was held before 21 Magistrate Judge Stanley A. Boone. Settlement was reached and the parties were ordered 22 to file dispositive documents with the Court by September 18, 2013. (ECF No. 88.) The 23 September 18th deadline passed without such documents, or a request for extension of 24 time, being filed. 25 On October 8, 2013, the parties were ordered to appear on October 30, 2013 at 9:30 26 a.m. in Courtroom 9, U.S. District Court for the Eastern District of California in Fresno, 27 before Magistrate Judge Boone, to show cause why sanctions should not be imposed for 28 failure to file dispositional documents upon settlement by the date prescribed by the Court. 1 1 Plaintiff responded that payment of the settlement amount had been made, settlement 2 agreement and release had been fully executed, and requested dismissal of the action with 3 prejudice pursuant to Rule 41. (ECF No. 90.) Under Fed. R. Civ. P. 41(a)(2), a court may dismiss an action at plaintiff’s request on 4 5 terms and conditions considered proper by the court. 6 Accordingly, it is HEREBY ORDERED that: 7 1. The order to show cause re sanctions (ECF No. 89) is DISCHARGED and the October 30, 2013 hearing date VACATED; 8 2. 9 Pursuant to Fed. R. Civ. P. 41, this action is hereby DISMISSED WITH PREJUDICE (ECF No. 90); and 10 3. 11 The Clerk of the Court shall CLOSE the case. 12 13 14 15 16 17 18 19 20 21 22 23 IT IS SO ORDERED. 24 Dated: 25 October 9, 2013 /s/ UNITED STATES MAGISTRATE JUDGE DEAC _Signature- END: 26 Michael J. Seng 12eob4 27 28 2

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