(PC) Dubrin et al v. Bonilla

Filing 162

FINDINGS and RECOMMENDATIONS to Hold Plaintiff, Tony Hall, to the Settlement he Signed; 30-Day Deadline signed by Magistrate Judge Jennifer L. Thurston on 2/28/2017. Referred to Judge Dale A. Drozd. Objections to F&R due by 4/3/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:11-cv-01484-DAD-JLT (PC)

DUBRIN, et al.,

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FINDINGS AND RECOMMENDATION TO
HOLD PLAINTIFF, TONY HALL, TO THE
SETTLEMENT HE SIGNED

Plaintiffs,

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v.

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STAINER, et al.,

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(Docs. 144, 152, 161)
30-DAY DEADLINE

Defendants.

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On November 23, 2016, Plaintiff, Tony Hall, notified the Court that he did not wish to

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participate in the settlement which he previously signed. (Doc. 144.) His attorney clarified that

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Mr. Hall’s displeasure with the settlement was that he did not want his settlement proceeds to

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apply towards his restitution balance. (Doc. 151.) On December 27, 2016, the Court issued an

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order noting Mr. Hall’s limited options and directing him to notify the court on or before January

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13, 2017 whether he chose to participate in the settlement he signed, or if he refused to participate

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in the settlement and would prosecute his case on his own. (Doc. 152.) That order clearly stated:

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“If Mr. Hall fails to respond to the Court by the deadline, the Court will hold him to the

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settlement agreement that he signed.” (Id. (emphasis in original).) Mr. Hall did not file a

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response to the Court’s order until more than a month past the January 13th deadline, in which he

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complained of various lapses in communication with Mr. Ravis. (See Doc. 161.) Moreover, in

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doing so, he does not assert that he believes the settlement is not fair compensation for his claims
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or that he feels he could do better if he prosecuted the action on his own. Id.
The Local Rules corresponding with Fed. R. Civ. P. 11, provide, “[f]ailure of counsel, or

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of a party to comply with . . . any order of the Court may be grounds for the imposition by the

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Court of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110.

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“District courts have inherent power to control their dockets,” and in exercising that power, a

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court may impose sanctions, including dismissal of an action. Thompson v. Housing Authority of

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Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may even dismiss an action with

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prejudice, based on a party’s failure to prosecute an action or failure to obey a court order, or

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failure to comply with local rules. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir.

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1992) (dismissal for failure to comply with an order requiring amendment of complaint); Malone

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v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with a

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court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to

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prosecute and to comply with local rules).

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Plaintiff has been a party to this action from its inception and the terms of the settlement

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which he signed have already been found reasonable and approved to compromise a minor’s

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claims in this action. (See Docs. 140, 143, 145.) Rather than dismiss Plaintiff’s claims from this

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action, he should be bound to the terms of the settlement which he previously signed.1

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Accordingly, the Court RECOMMENDS that Plaintiff, Tony Hall, be held to the
settlement which he signed in this action.

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These Findings and Recommendations will be submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 30

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days after being served with these Findings and Recommendations, Plaintiff may file written

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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.”

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Plaintiff’s recourse for any errors he feels Mr. Ravis made in his explanation of the settlement or other legal
representation provided is not in this action.

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Plaintiff is advised that failure to file objections within the specified time may result in the

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waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing

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Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

February 28, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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