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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY WILLIAMS,
Plaintiff,

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Case No. 1:10-cv-01999-MJS
ORDER DISCHARGING ORDER TO
SHOW CAUSE RE SANCTIONS

v.
(ECF No. 89)

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CITY OF MERCED, OFFICER
PINNEGAR,

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Defendants.

ORDER GRANTING VOLUNTARY
DISMISSAL OF ACTION UPON
SETTLEMENT

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(ECF No. 90)
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CLERK SHALL CLOSE THE CASE
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Plaintiff Gregory Williams filed this civil rights action on October 22, 2010 pursuant to

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42 U.S.C. § 1983. On August 28, 2013, a settlement conference was held before

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Magistrate Judge Stanley A. Boone. Settlement was reached and the parties were ordered

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to file dispositive documents with the Court by September 18, 2013. (ECF No. 88.) The

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September 18th deadline passed without such documents, or a request for extension of

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time, being filed.

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On October 8, 2013, the parties were ordered to appear on October 30, 2013 at 9:30

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a.m. in Courtroom 9, U.S. District Court for the Eastern District of California in Fresno,

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before Magistrate Judge Boone, to show cause why sanctions should not be imposed for

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failure to file dispositional documents upon settlement by the date prescribed by the Court.
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Plaintiff responded that payment of the settlement amount had been made, settlement

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agreement and release had been fully executed, and requested dismissal of the action with

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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

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terms and conditions considered proper by the court.

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Accordingly, it is HEREBY ORDERED that:

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1.

The order to show cause re sanctions (ECF No. 89) is DISCHARGED and the
October 30, 2013 hearing date VACATED;

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2.

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Pursuant to Fed. R. Civ. P. 41, this action is hereby DISMISSED WITH
PREJUDICE (ECF No. 90); and

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3.

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The Clerk of the Court shall CLOSE the case.

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IT IS SO ORDERED.

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Dated:

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October 9, 2013

/s/

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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Michael J. Seng

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