Lewis v. Alison et al

Filing 112

ORDER DIRECTING Defendants to File Report Regarding Status of the Settlement Agreement, signed by Magistrate Judge Michael J. Seng on 7/31/2015. Status Report Due: 8/7/15. (Marrujo, C)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

HOMER TYRONE LEWIS,
Plaintiff,

13
v.

14
15

KATHLEEN ALLISON, et al.,

Case No. 1:12-cv-00856-LJO-BAM (PC)
ORDER DIRECTING DEFENDANTS TO
FILE REPORT REGARDING STATUS
OF THE SETTLEMENT AGREEMENT
STATUS REPORT DUE: AUGUST 7,
2015

Defendants.

16
17

Plaintiff, a state prisoner, initiated this civil rights action pro se and in forma

18
19
20
21
22
23
24
25
26
27
28

pauperis on May 25, 2012. (ECF No. 1.) On June 5, 2015, the parties participated in a
settlement conference before Magistrate Judge Michael Seng. The parties reached a
settlement agreement, the details of which were stated on the record. (See ECF No.
108.)
The terms of the settlement were simple – Plaintiff would dismiss the present
matter and also dismiss a separate lawsuit pending in state court in exchange for a
radio. The logistics of how Plaintiff was to obtain the radio were somewhat convoluted
and reflected in the terms of the settlement agreement stated on the record.
On July 27 and 30, 2015, Plaintiff filed separate motions to (1) enforce the
settlement agreement and (2) for sanctions and to hold Defendants in contempt for

1 failure to comply with the terms of the settlement agreement. (ECF Nos. 109-10.)
2

In an effort to determine the status of performance under the settlement

3 agreement and to determine if Court assistance is necessary to ensure its terms are
4 carried out, the Court orders Defendants to forthwith provide a status report reflecting:
5 1) What actions have been taken to effectuate full performance of the terms of the
6 settlement agreement; 2) What actions, if any, remain necessary to enable Plaintiff to
7 obtain the radio; 3) Why those actions, if any, have not yet been taken; 4) What more, if
8 anything, Defendants plan to do to carry out the terms of the settlement agreement,
9 and, 4) When Defendants will take those actions.
10

Accordingly, it is hereby ordered that Defendants file a status report of no more

11 than five pages in length on or before August 7, 2015 addressing each of the issues
12 enumerated above.
13
14
15

IT IS SO ORDERED.
Dated:

July 31, 2015

/s/

16

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2