Bryant v. Romero et al

Filing 212

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN D. BRYANT,

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Plaintiff,

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vs.
R. ROMERO, et al.,

1:12-cv-02074-DAD-GSA-PC
ORDER OF DISMISSAL
(ECF No. 211.)
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE

Defendants.

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Kevin Darnell Bryant (“Plaintiff”) is a state prisoner proceeding in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983.

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On July 18, 2017, the parties informed the court that they had reached a settlement agreement

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involving this case and Bryant v. Gallagher (E.D. Cal. No. 1:11-cv-00446-BAM (PC)). (ECF

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No. 209 at 1:18-20.) The parties reached a global settlement agreement on July 17, 2017, but

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were still working out the specific details of the settlement. (Id. at 27-28.)

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On September 8, 2017, defense counsel filed a stipulation for voluntary dismissal of this

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case under Federal Rule of Civil Procedure 41(a)(2), with prejudice, signed by counsel for both

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parties, indicating that this matter had been resolved in its entirety. (ECF No. 211.) The parties

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also requested the court to retain jurisdiction for twelve months to enforce any term of the

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settlement agreement. (Id.)
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On September 27, 2017, the court issued an order dismissing Bryant v. Gallagher

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pursuant to the parties’ stipulation in the case filed on September 26, 2017. (Case 1:11-cv-

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00446-BAM (PC), ECF No. 386.) In the dismissal order, the court indicated that the parties

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had set forth the material terms of the settlement agreement, and the court agreed to retain

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jurisdiction for twelve months from the date of entry of the order for the sole purpose of

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enforcement of the terms of the settlement agreement between the parties. (Id., ECF No. 386 at

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1:21, ¶2.)

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In light of the dismissal of Bryant v. Gallagher, and the court’s agreement in that case to

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retain jurisdiction for twelve months, this case shall also be dismissed under Rule 41 pursuant

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to the parties’ stipulation of voluntary dismissal filed in this case on September 8, 2017.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

This action is dismissed with prejudice pursuant to Federal Rule of Civil

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Procedure 41(a)(2). Each party is to bear his own costs, attorney’s fees, and

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expenses of any type, except as provided in the settlement agreement involving

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this case and Bryant v. Gallagher (E.D. Cal. No. 1:11-cv-00446-BAM (PC));

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2.

The court shall retain jurisdiction for twelve months, pursuant to the order

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issued on September 27, 2017, in Bryant v. Gallagher (E.D. Cal. No. 1:11-cv-

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00446-BAM (PC)), for the sole purpose of enforcement of the terms of the

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settlement agreement between the parties; and

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3.

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The Clerk of the Court is directed to terminate all pending motions and
deadlines, and close this case.

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IT IS SO ORDERED.
Dated:

September 29, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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