Dubrin et al v. Bonilla

Filing 152

ORDER to TONY HALL to Notify the Court Whether He Will Participate in the Settlement or Whether He Will Prosecute His Case on His Own, signed by Magistrate Judge Jennifer L. Thurston on 12/27/2016. (Hall, S)

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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 Plaintiffs, v. MICHAEL STAINER, et al., Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:11-cv-01484 AWI JLT ORDER TO TONY HALL TO NOTIFY THE COURT WHETHER HE WILL PARTICIPATE IN THE SETTLEMENT OR WHETHER HE WILL PROSECUTE HIS CASE ON HIS OWN (Doc. 144) On November 23, 2016, plaintiff, Tony Hall, notified the Court that he did not wish to 18 participate in the settlement. (Doc. 144) His attorney has clarified that Mr. Hall’s concern over the 19 settlement is that he does not wish his settlement proceeds to apply to the amount he owes in 20 restitution. (Doc. 151) Notably, his options are limited: 1. he may participate in the settlement and his 21 proceeds will apply to the amount he owes in restitution, or 2. he may refuse to participate in the 22 settlement. If he chooses this latter option, the Court will bifurcate off Mr. Hall’s action and relieve 23 Mr. Ravis as counsel of record. Mr. Hall would then be obligated to prosecute this case on his own or 24 will have to retain an attorney to handle the litigation. In the event that Mr. Hall succeeds in 25 proving his case, any amounts he receives in settlement or after a jury verdict will first be used 26 to pay his restitution. If there is any amount remaining, he will receive the balance. Mr. Hall is 27 advised that the Court lacks the authority to not relieve him of his obligation to pay his 28 restitution. Thus, the Court ORDERS: 1 1 1. No later than January 13, 2017, Mr. Hall SHALL notify the Court which of the 2 options he chooses; whether he will participate in the settlement or whether he will refuse to 3 participate in the settlement and, instead, will choose to prosecute his case on his own; 4 5 2. If Mr. Hall fails to respond to the Court by the deadline, the Court will hold him to the settlement agreement that he signed. 6 7 8 9 IT IS SO ORDERED. Dated: December 27, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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