Hopson v. Montanez et al

Filing 60

ORDER DENYING PLAINTIFFS REQUEST TO ALLOW PLAINTIFF ABILITY TO REOPEN CASE AFTER DISMISSAL IF NECESSARY. IT IS HEREBY ORDERED that Plaintiffs request to allow Plaintiff the ability to reopen the case after dismissal is DENIED. If the parties wish for the Court to retain jurisdiction to enforce the settlement agreement until January 15, 2018, such language should be included in the dispositional documents filed in this action. Signed by Magistrate Judge Stanley A. Boone on 3/20/2017. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA HOPSON,

ORDER DENYING PLAINTIFF’S
REQUEST TO ALLOW PLAINTIFF
ABILITY TO REOPEN CASE AFTER
DISMISSAL IF NECESSARY

Plaintiff,

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v.

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Case No. 1:15-cv-00803-SAB

ELIASER MONTANEZ, et al.,
(ECF No. 59)

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Defendants.

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On March 13, 2017, Plaintiff Cynthia Hopson a notice of settlement and requested that

18 the Court allow dispositional documents to be filed in January 2018. The Court declined to
19 allow the length of time requested and ordered the parties to file dispositional documents within
20 ninety dates. On March 17, 2017, Plaintiff filed a request to allow Plaintiff to reopen the case if
21 necessary because it is not possible to fully perform under the settlement agreement within 90
22 days.
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Based on Plaintiff’s contention that the parties cannot fully perform under the settlement

24 agreement within the time period provided to file dispositional documents, in this instance the
25 Court will retain jurisdiction to enforce the settlement agreement until January 15, 2018. If the
26 parties wish for the Court to retain jurisdiction to enforce the settlement agreement such
27 language should be included in the dispositional documents filed in this action.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request to allow Plaintiff the

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2 ability to reopen the case after dismissal is DENIED. If the parties wish for the Court to retain
3 jurisdiction to enforce the settlement agreement until January 15, 2018, such language should be
4 included in the dispositional documents filed in this action.
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IT IS SO ORDERED.

7 Dated:

March 20, 2017
UNITED STATES MAGISTRATE JUDGE

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