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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN D. BRYANT, 12 Plaintiff, 13 14 15 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. 16 17 18 Kevin Darnell Bryant (“Plaintiff”) is a state prisoner proceeding in forma pauperis in 19 this civil rights action pursuant to 42 U.S.C. § 1983. 20 On July 18, 2017, the parties informed the court that they had reached a settlement agreement 21 involving this case and Bryant v. Gallagher (E.D. Cal. No. 1:11-cv-00446-BAM (PC)). (ECF 22 No. 209 at 1:18-20.) The parties reached a global settlement agreement on July 17, 2017, but 23 were still working out the specific details of the settlement. (Id. at 27-28.) 24 On September 8, 2017, defense counsel filed a stipulation for voluntary dismissal of this 25 case under Federal Rule of Civil Procedure 41(a)(2), with prejudice, signed by counsel for both 26 parties, indicating that this matter had been resolved in its entirety. (ECF No. 211.) The parties 27 also requested the court to retain jurisdiction for twelve months to enforce any term of the 28 settlement agreement. (Id.) 1 1 On September 27, 2017, the court issued an order dismissing Bryant v. Gallagher 2 pursuant to the parties’ stipulation in the case filed on September 26, 2017. (Case 1:11-cv- 3 00446-BAM (PC), ECF No. 386.) In the dismissal order, the court indicated that the parties 4 had set forth the material terms of the settlement agreement, and the court agreed to retain 5 jurisdiction for twelve months from the date of entry of the order for the sole purpose of 6 enforcement of the terms of the settlement agreement between the parties. (Id., ECF No. 386 at 7 1:21, ¶2.) 8 In light of the dismissal of Bryant v. Gallagher, and the court’s agreement in that case to 9 retain jurisdiction for twelve months, this case shall also be dismissed under Rule 41 pursuant 10 to the parties’ stipulation of voluntary dismissal filed in this case on September 8, 2017. 11 Based on the foregoing, IT IS HEREBY ORDERED that: 12 1. This action is dismissed with prejudice pursuant to Federal Rule of Civil 13 Procedure 41(a)(2). Each party is to bear his own costs, attorney’s fees, and 14 expenses of any type, except as provided in the settlement agreement involving 15 this case and Bryant v. Gallagher (E.D. Cal. No. 1:11-cv-00446-BAM (PC)); 16 2. The court shall retain jurisdiction for twelve months, pursuant to the order 17 issued on September 27, 2017, in Bryant v. Gallagher (E.D. Cal. No. 1:11-cv- 18 00446-BAM (PC)), for the sole purpose of enforcement of the terms of the 19 settlement agreement between the parties; and 20 3. 21 The Clerk of the Court is directed to terminate all pending motions and deadlines, and close this case. 22 23 24 25 IT IS SO ORDERED. Dated: September 29, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 26 27 28 2

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