(PC) Dubrin et al v. Bonilla

Filing 148

ORDER REGARDING SETTLEMENT and for Additional Status Report, signed by Magistrate Judge Jennifer L. Thurston on 12/5/2016. Joint status report due by 12/26/2016. Motion to withdraw due by 12/16/2016. Report as to plaintiff Hall due by 12/9/2016. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DUBRIN et al.,

12
13
14
15
16
17

Plaintiffs,
v.
MICHAEL STAINER, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No.: 1:11-cv-01484 AWI JLT
ORDER REGARDING SETTLEMENT AND FOR
ADDITIONAL STATUS REPORT
(Doc. 139)

In their joint report, the parties indicate that plaintiff’s counsel, Mr. Ravis, has received 23

18

signed settlement agreements and 15 payee data forms. (Doc. 147 at 2) Mr. Ravis reports that he has

19

lost contact with three plaintiffs, one of which he is certain to have no further contact as he has left the

20

country. Id. Mr. Ravis does not report on his contact with Tony Hall but Mr. Ravis’ report related to

21

this plaintiff is not due until December 9. See Docs. 144, 146.

22

Mr. Ravis indicates he intends to file a motion to withdraw from his representation from the

23

plaintiff who has left the country but does not report his intended action as to the other plaintiffs.

24

Likewise, counsel fail to explain how and when the settlement is intended to be completed.

25

Counsel should be aware that the Court’s patience is growing thin. This case was resolved at a

26

settlement conference more than a year ago and it can see no good reason why it has not been

27

completed. Thus, counsel SHALL use all efforts to bring this matter to fruition as soon as possible. If

28

this requires counsel to drive to the prisons to meet with the plaintiffs in person to obtain the required
1

1
2

signatures, counsel SHALL take that effort. Thus, the Court ORDERS:
1.

Counsel SHALL file a joint statement no later than December 26, 2016 setting forth

3

when they expect the settlement documents from the plaintiffs to be received and when the settlement

4

will be completed. If there are any plaintiffs who have not returned their settlement agreements or

5

payee data form, counsel SHALL set forth their plans for obtaining the signed and completed

6

documents and when this will occur;

7

2.

No later than December 16, 2016, Mr. Ravis SHALL file his motion to withdraw the

8

representation of any plaintiff with whom he no longer has contact or who chooses not to participate in

9

the settlement;

10
11

3.

The Court reminds Mr. Ravis of his obligation to file his report no later than Friday,

December 9, 2016 (Doc. 146), setting forth the status of the matter as to plaintiff, Tony Hall.

12
13
14
15

IT IS SO ORDERED.
Dated:

December 5, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2