Valencia v. Kokor
Filing
138
ORDER denying 134 Motion to Compel initial dispositional settlement documents signed by Chief Judge Lawrence J. O'Neill on 3/28/2018. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DANIEL VALENCIA,
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Plaintiff,
v.
WINFRED KOKOR, M.D., et al.,
Case No. 1:13-cv-01391-LJO-MJS (PC)
ORDER DENYING MOTION TO COMPEL
INITIAL DISPOSITIONAL SETTLEMENT
DOCUMENTS
(ECF NO. 134)
Defendants.
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Plaintiff is a state prisoner proceeding in forma pauperis in this civil rights action
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brought pursuant to 42 U.S.C. § 1983. The action, now closed, proceeded on Plaintiff’s
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fourth amendment complaint against Defendant Kokor and Sunduram for violations of
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Plaintiff’s Eighth Amendment right to adequate medical care.
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On November 17, 2017, the parties attended a settlement conference and the
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matter settled. (ECF No. 129.) Thereafter, the parties filed a stipulation of dismissal with
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prejudice and the matter was closed by operation of law. (ECF Nos. 130, 133.)
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Before the Court is Plaintiff’s December 18, 2017, Motion to Compel Initial
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Dispositional Settlement Documents. (ECF No. 134.) He states he did not receive copies
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of settlement documents as agreed and asks the Court to review the terms of the
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settlement. Defendants respond that the motion is moot because the documents were
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provided to Plaintiff at his address of record on December 18, 2017. (ECF No. 135.)
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Plaintiff now states that the documents were not timely mailed and the defendants thus
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should be subject to sanctions. (ECF No. 136.) He also seeks default judgment based
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on Defendants’ failure to respond to findings and recommendations that were issued
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prior to settlement of this case.
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Plaintiff has received the settlement documents at issue on the motion. His motion
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is moot in that regard. Plaintiff’s remaining contentions will not be addressed. The matter
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was dismissed by operation of law based on the parties’ stipulation. The Court lacks
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jurisdiction to provide Plaintiff with further relief in this action based on any of the
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grounds Plaintiff presents. See Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S.
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375, 379-81 (1994) (holding there is generally no ancillary jurisdiction to enforce a
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settlement agreement).
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Accordingly, Plaintiff’s motion is HEREBY DENIED.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
March 28, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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