Dickson v. Gomez et al

Filing 112

ORDER DIRECTING Parties to File Dispositional Documents or Status Report, signed by Magistrate Judge Helena M. Barch-Kuchta on 3/10/2025. Within fourteen (14) days from the date of service of this order, the parties shall file dispositional documents or a joint status report informing the Court of the status of the settlement agreement and dispositional documents. (Deputy Clerk OFR)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER DICKSON,

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Plaintiff,

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v.

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GOMEZ, et al.,

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Case No. 1:17-cv-00294-KES-BAM (PC)
ORDER DIRECTING PARTIES TO FILE
DISPOSITIONAL DOCUMENTS OR
STATUS REPORT
(Doc. No. 110)

Defendants.

FOURTEEN (14) DAY DEADLINE

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Plaintiff Christopher Dickson (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On February 3, 2025, the

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parties participated in a settlement conference before the undersigned. (Doc. No. 110). Based on

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the settlement, the Court stayed all pending deadlines and directed the parties to file dispositional

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documents within thirty (30) days. (Id.). On February 25, 2025, Plaintiff filed a notice of

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disposition with the Court indicating that a settlement agreement was reached. (Doc. No. 111).

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However, defense counsel’s signature was absent from the notice.

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“[U]nder Rule 41(a)(1)(A)(i), a plaintiff has an absolute right to voluntarily dismiss his

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action prior to service by the defendant of an answer or a motion for summary judgment.”

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Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)

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(quotation and citation omitted). As Defendants have filed an Answer (Doc. No. 32) and Motion

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for Summary Judgment (Doc. No. 83), it appears the parties intended to dismiss this action
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pursuant to Rule 41(a)(1)(A)(ii), which requires a stipulation of dismissal signed by all parties

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who have appeared in this action.

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Accordingly, within fourteen (14) days from the date of service of this order, the parties

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shall file dispositional documents or a joint status report informing the Court of the status of the

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settlement agreement and dispositional documents.

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Dated:

March 10, 2025
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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