Corena v. Holland et al

Filing 114

ORDER denying Plaintiff's Motion to enforce settlement agreement, without prejudice 111 signed by Magistrate Judge Erica P. Grosjean on 7/22/2019. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JORGE CORENA,
Plaintiff,

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v.
RODRIGUEZ, et al.,

Case No. 1:16-cv-01025-LJO-EPG (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO ENFORCE SETTLEMENT
AGREEMENT, WITHOUT PREJUDICE
(ECF NO. 111)

Defendants.

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Jorge Corena (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action filed pursuant to 42 U.S.C. § 1983. The case was voluntarily dismissed

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in June of 2019 pursuant to a settlement (ECF Nos. 105 & 107), and the case was closed (ECF

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No. 108).

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On June 25, 2019, Plaintiff filed a motion to enforce the settlement agreement. (ECF

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No. 111). Plaintiff states that he has not yet received the settlement funds. Plaintiff also states

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that he has not yet received a copy of the settlement agreement. Plaintiff asks the Court to

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enforce the settlement agreement and “ask” defense counsel to forward a copy of “all

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documents signed for that day[,] including all stipulations.” (Id. at 1). Plaintiff notes that he

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did receive a two-page “paper with signatures talking about dismissals.” (Id.).

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On July 19, 2019, Defendant Rodriguez filed a response. (ECF No. 113). Defendant
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states that “[o]n July 18, 2019, Plaintiff was served with a copy of the fully executed settlement

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agreement.” (Id. at 2). Additionally, Defendant notes that, as defense counsel stated on the

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record at the settlement conference, payment can take up to 180 days.

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Plaintiff’s motion will be denied, without prejudice. It appears that Plaintiff has now

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received a copy of all relevant documents. Thus, that portion of his motion has been resolved.

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To the extent Plaintiff is asking the Court to order Defendant to make the settlement payment,

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Plaintiff’s request is premature because the 180-day period has not yet expired. If payment is

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not made within the 180-day period, Plaintiff may renew his motion to enforce the settlement

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agreement.

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Accordingly, IT IS ORDERED that Plaintiff’s motion to enforce the settlement
agreement is DENIED without prejudice.

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IT IS SO ORDERED.
Dated:

July 22, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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