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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANUEL ANTONIO GONZALEZ,

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Plaintiff,

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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.

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On July 15, 2019, Defendants filed a request for clarification regarding Plaintiff’s

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motion to enforce the settlement agreement, and a request for an extension of time to pay the

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settlement funds. (ECF No. 159). Defendants state that they “are not certain: (1) whether

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Plaintiff and the Court are satisfied with the efforts to correct Plaintiff’s restitution balance; and

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(2) the proper destination for Plaintiff’s settlement funds (i.e., Plaintiff’s inmate trust account

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versus his attorney’s client trust account).” (Id. at 2).

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Additionally, Defendants state that “it would be nearly impossible to deliver the

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settlement funds by the original July 23, 2019 deadline, and extremely difficult to deliver the

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settlement funds by the deadline proposed in Defendants’ first request for an extension of time

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(September 21, 2019). Therefore, Defendants respectfully request an additional sixty-day

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extension of time to pay the settlement funds, up to and including November 20, 2019.” (Id.).

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Plaintiff’s motion to enforce the settlement agreement is still pending, and the Court

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will rule on it in due course. In the order on Plaintiff’s motion the Court will address the proper

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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

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Defendants’ request for an extension of time. If payment is required, Defendants have four

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months from the date of service of the order on Plaintiff’s motion to deliver the settlement

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funds.

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IT IS SO ORDERED.
Dated:

July 18, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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