Ortiz et al v. Alvarez et al

Filing 123

ORDER RE August 2, 2017 Hearing Re Settlement Agreement for Plaintiff Raul Villanueva signed by Magistrate Judge Stanley A. Boone on 08/02/2017. (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 SANDRA ORTIZ, et al., 12 Plaintiffs, ORDER RE AUGUST 2, 2017 HEARING RE SETTLEMENT AGREEMENT FOR PLAINTIFF RAUL VILLANUEVA v. 13 14 Case No. 1:15-cv-00535-DAD-EPG GERARDO ALVAREZ, et al., 15 Defendants. 16 17 On July 26, 2017, the undersigned conducted a settlement conference in the above 18 entitled action. During the settlement conference, Plaintiffs Raul Villanueva and Martha Moreno 19 reached a settlement agreement with all defendants. The settlement terms were placed on the 20 record. On July 28, 2017, the Court issued an order following the settlement, vacating dates as 21 to Plaintiffs Villanueva and Moreno only, and directing the parties who have settled to file 22 dispositional documents within forty-five days of the date of service of the order. (ECF No. 23 119.) 24 Subsequently, the parties contacted the Court to schedule a telephonic conference 25 regarding Plaintiff Villanueva’s settlement agreement. On August 1, 2017, the Court set a 26 telephonic conference in this matter for August 2, 2017, at 9:00 a.m. before the undersigned. 27 On August 2, 2017, the undersigned held a hearing regarding Plaintiff Villanueva’s 28 settlement agreement. Alexia Kirkland appeared telephonically on behalf of Plaintiff 1 1 Villanueva. Mart B. Oller, IV, appeared telephonically on behalf of Defendants Gerardo 2 Alvarez, Parlier Unified School District, and Parlier Unified School District Board of Trustees. 3 Justin Campagne appeared telephonically on behalf of Defendants Israel Lara and Youth Centers 4 of America. agreement in this matter. They also stated that if it is necessary for them to file a 5 motion to enforce the settlement agreement, they may seek attorney fees and costs. This case has settled as to Plaintiff Villanueva on the record and in open court and the 6 7 Court will proceed consistent with the Court’s July 28, 2017 order (ECF No. 119), unless and 8 until a noticed motion seeking relief from the settlement is filed. The parties will proceed 9 towards the settlement terms including Defendants Alvarez, Parlier Unified School District, and 10 Parlier Unified School District Board of Trustees seeking Board approval, and if approved, 11 tendering payment upon execution of the agreement. If the parties wish to seek further court 12 intervention, the parties are reminded that any non-breaching party may be entitled to attorney 13 fees and costs related to any breach of the settlement if the Court finds a breach of the settlement. Accordingly, it is HEREBY ORDERED that the parties who have reached settlement 14 15 shall file dispositional documents in accordance with the July 28, 2017 order. 16 17 IT IS SO ORDERED. 18 Dated: August 2, 2017 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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