Bryant v. Romero et al
ORDER of Dismissal; ORDER Directing Clerk of Court to Close Case signed by Magistrate Judge Gary S. Austin on 09/29/2017. CASE CLOSED.(Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
KEVIN D. BRYANT,
R. ROMERO, et al.,
ORDER OF DISMISSAL
(ECF No. 211.)
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE
Kevin Darnell Bryant (“Plaintiff”) is a state prisoner proceeding in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
On July 18, 2017, the parties informed the court that they had reached a settlement agreement
involving this case and Bryant v. Gallagher (E.D. Cal. No. 1:11-cv-00446-BAM (PC)). (ECF
No. 209 at 1:18-20.) The parties reached a global settlement agreement on July 17, 2017, but
were still working out the specific details of the settlement. (Id. at 27-28.)
On September 8, 2017, defense counsel filed a stipulation for voluntary dismissal of this
case under Federal Rule of Civil Procedure 41(a)(2), with prejudice, signed by counsel for both
parties, indicating that this matter had been resolved in its entirety. (ECF No. 211.) The parties
also requested the court to retain jurisdiction for twelve months to enforce any term of the
settlement agreement. (Id.)
On September 27, 2017, the court issued an order dismissing Bryant v. Gallagher
pursuant to the parties’ stipulation in the case filed on September 26, 2017. (Case 1:11-cv-
00446-BAM (PC), ECF No. 386.) In the dismissal order, the court indicated that the parties
had set forth the material terms of the settlement agreement, and the court agreed to retain
jurisdiction for twelve months from the date of entry of the order for the sole purpose of
enforcement of the terms of the settlement agreement between the parties. (Id., ECF No. 386 at
In light of the dismissal of Bryant v. Gallagher, and the court’s agreement in that case to
retain jurisdiction for twelve months, this case shall also be dismissed under Rule 41 pursuant
to the parties’ stipulation of voluntary dismissal filed in this case on September 8, 2017.
Based on the foregoing, IT IS HEREBY ORDERED that:
This action is dismissed with prejudice pursuant to Federal Rule of Civil
Procedure 41(a)(2). Each party is to bear his own costs, attorney’s fees, and
expenses of any type, except as provided in the settlement agreement involving
this case and Bryant v. Gallagher (E.D. Cal. No. 1:11-cv-00446-BAM (PC));
The court shall retain jurisdiction for twelve months, pursuant to the order
issued on September 27, 2017, in Bryant v. Gallagher (E.D. Cal. No. 1:11-cv-
00446-BAM (PC)), for the sole purpose of enforcement of the terms of the
settlement agreement between the parties; and
The Clerk of the Court is directed to terminate all pending motions and
deadlines, and close this case.
IT IS SO ORDERED.
September 29, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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