Gonzalez v. Razo et al

Filing 160

ORDER on Defendants' 159 Request for Clarification RE: Plaintiff's Motion to Enforce the Settlement Agreement; Request for Extension of Time to Pay Settlement Funds signed by Magistrate Judge Erica P. Grosjean on 7/18/2019. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MANUEL ANTONIO GONZALEZ, 12 Plaintiff, 13 14 15 Case No. 1:15-cv-01098-DAD-EPG (PC) ORDER ON DEFENDANTS’ REQUEST FOR CLARIFICATION RE: PLAINTIFF’S MOTION TO ENFORCE THE SETTLEMENT AGREEMEENT; REQUEST FOR EXTENSION OF TIME TO PAY SETTLEMENT FUNDS v. J. RAZO, et al., Defendants. 16 17 On July 15, 2019, Defendants filed a request for clarification regarding Plaintiff’s 18 motion to enforce the settlement agreement, and a request for an extension of time to pay the 19 settlement funds. (ECF No. 159). Defendants state that they “are not certain: (1) whether 20 Plaintiff and the Court are satisfied with the efforts to correct Plaintiff’s restitution balance; and 21 (2) the proper destination for Plaintiff’s settlement funds (i.e., Plaintiff’s inmate trust account 22 versus his attorney’s client trust account).” (Id. at 2). 23 Additionally, Defendants state that “it would be nearly impossible to deliver the 24 settlement funds by the original July 23, 2019 deadline, and extremely difficult to deliver the 25 settlement funds by the deadline proposed in Defendants’ first request for an extension of time 26 (September 21, 2019). Therefore, Defendants respectfully request an additional sixty-day 27 extension of time to pay the settlement funds, up to and including November 20, 2019.” (Id.). 28 1 Plaintiff’s motion to enforce the settlement agreement is still pending, and the Court 1 2 will rule on it in due course. In the order on Plaintiff’s motion the Court will address the proper 3 destination for the settlement funds, if necessary. As the Court has not yet ruled on Plaintiff’s motion, the Court finds good cause to grant 4 5 Defendants’ request for an extension of time. If payment is required, Defendants have four 6 months from the date of service of the order on Plaintiff’s motion to deliver the settlement 7 funds. 8 9 10 IT IS SO ORDERED. Dated: July 18, 2019 /s/ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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