Lamon v. Amrheign et al

Filing 109

ORDER Directing Defendants to Respond to Plaintiff's 108 Motion Regarding Terms of Settlement signed by Magistrate Judge Barbara A. McAuliffe on 12/07/2017. Twenty-One Day Deadline. (Flores, E)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 BARRY LOUIS LAMON, 9 Plaintiff, 10 11 v. B. AMRHEIGN, et al., 12 Case No. 1:12-cv-00296-DAD-BAM (PC) ORDER DIRECTING DEFENDANTS TO RESPOND TO PLAINTIFF’S MOTION REGARDING TERMS OF SETTLEMENT (ECF No. 108) Defendants. 13 14 15 16 17 Plaintiff Barry Louis Lamon is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On November 17, 2017 a settlement conference was held in this matter before Magistrate 18 Judge Michael J. Seng, at which this case settled. (ECF No. 104.) On November 20, 2017, 19 defense counsel filed a stipulation for dismissal with prejudice signed by all parties. (ECF Nos. 20 105.) On November 27, 2017, all parties having stipulated to a dismissal with prejudice, this case 21 was closed. (ECF No. 107). 22 Currently before the Court is Plaintiff’s motion regarding the terms of the settlement, filed 23 on December 1, 2017. (ECF No. 108.) Plaintiff states in the motion that as part of the settlement 24 terms, he was to be issued a boombox radio with an AM/FM/CD/cassette player. He further states 25 that although he was issued the boombox, only the radio portion is functioning, and the CD and 26 cassette-playing functions do not work. Plaintiff submits documentation in support. Plaintiff 27 argues that as a result of the improperly functioning boombox, the terms of the settlement have 28 not been fulfilled. 1 2 3 Based on the foregoing, the Court finds it appropriate to require Defendants to respond to Plaintiff’s motion. Accordingly, it is HEREBY ORDERED that Defendants shall file a response to Plaintiff’s 4 motion within twenty-one (21) days. If necessary, Plaintiff may file a reply within seven (7) days 5 of service of Defendants’ response. The motion will be deemed submitted when the time for a 6 reply has passed. Local Rule 230(l). 7 8 9 IT IS SO ORDERED. Dated: /s/ Barbara December 7, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?