Taylor v. Gregory

Filing 41

ORDER requiring a response to Plaintiff's filing regarding Settlement Agreement 39 signed by Magistrate Judge Stanley A. Boone on 12/28/2017. Defendant Gregory to file Response with in 21-Days.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHAUNTAE TAYLOR,
Plaintiff,

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v.

Case No.: 1:16-cv-00698-LJO-SAB (PC)
ORDER REQUIRING A RESPONSE TO
PLAINTIFF’S FILING REGARDING
SETTLEMENT AGREEMENT

C/O J. GREGORY,
(ECF No. 39)
Defendant.

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Plaintiff Shauntae Taylor is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On September 18, 2017 a settlement conference was held in this matter before Magistrate

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Judge Barbara A. McAuliffe, at which this case settled. (ECF No. 32.) On September 20, 2017, a

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joint stipulation for dismissal with prejudice was filed, (ECF No. 34), and on September 21, 2017, this

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case was closed, (ECF No. 35).

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On November 13, 2017, Plaintiff filed a motion for sanctions, arguing that he has not been

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compensated according to the terms and conditions of the settlement agreement reached between the

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parties. (ECF No. 36.) On November 29, 2017, defense counsel filed a declaration in response

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asserting that Plaintiff’s motion was premature, and that he had since receive the agreed-upon property
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as part of the terms of the September 18, 2017 settlement agreement. (ECF No. 38.) On December 27,

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2017, the Court, having received no reply from Plaintiff disputing the contents of the declaration or

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any other communication from Plaintiff, issued an order denying Plaintiff’s motion. (ECF No. 40.)

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Currently before the Court is Plaintiff’s response to defense counsel’s declaration, dated

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December 12, 2017. (ECF No. 39.) Although the proof of mailing for Plaintiff’s response is dated

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December 12, 2017, Plaintiff’s response was not received until after the Court issued its December 27,

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2017 order.

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Plaintiff’s response asserts that he has received some, but not all, of the agreed-upon property

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as part of the terms of the September 18, 2017 settlement agreement. (ECF No. 39.) Plaintiff also

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asserts that he has not received a monetary portion of the terms of that agreement, and seeks an update

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on the status of that matter. (Id.) Plaintiff seeks complete fulfillment of the settlement terms, or

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sanctions. (Id.)
The Court finds it appropriate to require a response to Plaintiff’s filing. Due to the holidays and

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related mail-delays, the Court will allow an extended period of time for the response and any reply.

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Accordingly, it is HEREBY ORDERED that Defendant Gregory shall file a response to

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Plaintiff’s response to the declaration, (ECF No. 39), within twenty-one (21) days from the date of

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this order. Plaintiff’s reply, if any, shall be filed within fourteen (14) days following service of a

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response.

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IT IS SO ORDERED.

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Dated:

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December 28, 2017
UNITED STATES MAGISTRATE JUDGE

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