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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BARRY LOUIS LAMON,

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Plaintiff,

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v.
B. AMRHEIGN, et al.,

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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.

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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

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Judge Michael J. Seng, at which this case settled. (ECF No. 104.) On November 20, 2017,

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defense counsel filed a stipulation for dismissal with prejudice signed by all parties. (ECF Nos.

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105.) On November 27, 2017, all parties having stipulated to a dismissal with prejudice, this case

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was closed. (ECF No. 107).

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Currently before the Court is Plaintiff’s motion regarding the terms of the settlement, filed

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on December 1, 2017. (ECF No. 108.) Plaintiff states in the motion that as part of the settlement

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terms, he was to be issued a boombox radio with an AM/FM/CD/cassette player. He further states

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that although he was issued the boombox, only the radio portion is functioning, and the CD and

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cassette-playing functions do not work. Plaintiff submits documentation in support. Plaintiff

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argues that as a result of the improperly functioning boombox, the terms of the settlement have

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not been fulfilled.

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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

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motion within twenty-one (21) days. If necessary, Plaintiff may file a reply within seven (7) days

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of service of Defendants’ response. The motion will be deemed submitted when the time for a

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reply has passed. Local Rule 230(l).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 7, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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