Lamon v. Amrheign et al

Filing 115

ORDER Directing Defendants to Respond to Plaintiff's 114 Motion Regarding Failure to Pay Settlement, signed by Magistrate Judge Barbara A. McAuliffe on 3/27/18. Response to Motion Due Within Thirty Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BARRY LOUIS LAMON,

Case No. 1:12-cv-00296-DAD-BAM (PC)

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Plaintiff,

ORDER DIRECTING DEFENDANTS TO
RESPOND TO PLAINTIFF’S MOTION
REGARDING FAILURE TO PAY
SETTLEMENT

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v.
B. AMRHEIGN, et al.,

(ECF No. 114)
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 failure to pay the monetary

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portion of the settlement, filed on February 14, 2018. (ECF No. 114.) The motion is somewhat

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confusing, as it appears to reference a settlement in a different action as well as in the current

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action. Nevertheless, Plaintiff appears to assert that the monetary portion of the settlement in this

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case was not paid to him as of the date of his motion.

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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 thirty (30) days. If necessary, Plaintiff may file a reply within ten (10) days of

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

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has passed. Local Rule 230(l).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 27, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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