Frank Wells v. Gonzales

Filing 115

ORDER Setting Telephonic Hearing on Plaintiff's Motion to Enforce Settlement Agreement; ORDER Directing Clerk to Email a Copy of this Order to the Litigation Coordinator at Mule Creek State Prison, signed by Magistrate Judge Erica P. Grosjean on 08/26/2021. Telephonic Motion Hearing set for 9/16/2021 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Maldonado, C)

Case 1:17-cv-01240-DAD-EPG Document 115 Filed 08/27/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER SETTING TELEPHONIC
HEARING ON PLAINTIFF’S MOTION
TO ENFORCE SETTLEMENT
AGREEMENT (ECF NO. 112)

Plaintiff,

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Case No. 1:17-cv-01240-DAD-EPG (PC)

FRANK WELLS,

v.
ROSA GONZALES,

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DATE: September 16, 2021
TIME: 10:00 a.m.

Defendant.

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ORDER DIRECTING CLERK TO EMAIL
A COPY OF THIS ORDER TO THE
LITIGATION COORDINATOR AT MULE
CREEK STATE PRISON

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

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this civil rights action. This case settled (ECF No. 107) and was closed (ECF Nos. 109 & 110).

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However, the Court retained jurisdiction to enforce the terms of the settlement agreement.

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(ECF No. 110).

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On July 6, 2021, Plaintiff filed what the Court construes as a motion to enforce the

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settlement agreement. (ECF No. 112). On July 19, 2021, Defendant filed an opposition. (ECF

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No. 113). On August 6, 2021, Plaintiff filed a reply. (ECF No. 114).

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The Court will set a hearing on the matter. At the hearing, the parties should be

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prepared to discuss the application of California Penal Code § 2085.8; California Penal Code §

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2085.5; and California Code of Regulations, Title 15, § 3097.

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Case 1:17-cv-01240-DAD-EPG Document 115 Filed 08/27/21 Page 2 of 2
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Accordingly, IT IS ORDERED that:

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1. A hearing on Plaintiff’s motion to enforce the settlement agreement is set for

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September 16, 2021, at 10:00 a.m. The hearing will last no longer than one

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hour. Parties shall appear by phone. To join the conference, each party is

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directed to call the toll-free number [phone] and use Access Code

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1024453

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2. Plaintiff shall make arrangements with staff at his institution of confinement for

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his attendance at the hearing. Plaintiff’s institution of confinement shall make

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Plaintiff available for the hearing at the date and time indicated above. Plaintiff

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shall be made available for up to one hour. Prior to the hearing defense counsel

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shall confirm with Plaintiff’s institution of confinement that arrangements have

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been made for Plaintiff’s attendance.

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3. The Clerk of Court is directed to email a copy of this order to the Litigation

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Coordinator at Mule Creek State Prison.

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IT IS SO ORDERED.
Dated:

August 26, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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