Spencer v. Gutierrez

Filing 32

ORDER Requiring Defendant Gutierrez to Respond to Plaintiff's 31 Motion to Enforce Settlement Agreement signed by Magistrate Judge Stanley A. Boone on 02/13/2020. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD B. SPENCER,

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Plaintiff,

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v.

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Case No. 1:17-cv-01505-LJO-JDP (PC)
ORDER REQUIRING DEFENDANT
GUTIERREZ TO RESPOND TO
PLAINTIFF’S MOTION TO ENFORCE
SETTLEMENT AGREEMENT

J. GUTIERREZ,

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(ECF No. 31)
Defendant.
FOURTEEN (14) DAY DEADLINE

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Plaintiff Edward B. Spencer is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
On July 12, 2019, a settlement conference was held before the undersigned. The terms
and conditions of the settlement agreement were placed on the record. (ECF No. 26.)
On July 15, 2019, the parties filed a stipulation to dismiss this action with prejudice

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pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), (ECF No. 29), and the action was

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terminated by operation of law, (ECF No. 30).

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Currently before the Court is Plaintiff’s filing titled “Current Status of Settlement

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Agreement,” filed on February 7, 2020. (ECF No. 31.) In the filing, Plaintiff asserts that, while

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he and Defendant settled this case more than six months ago, he has not received any

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“communiqué” stating that the settlement proceeds have been placed into his inmate trust

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account. (Id.) The Court construes Plaintiff’s filing as a motion to enforce the settlement
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agreement.

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The Court finds it appropriate to require Defendant Gutierrez to file a response to

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Plaintiff’s motion to enforce the settlement agreement. Accordingly, it is HEREBY ORDERED

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that, within fourteen (14) days from the date of service of this order, Defendant shall file a

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response to Plaintiff’s motion to enforce the settlement agreement, (ECF No. 31). Plaintiff should

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not file any reply to Defendant’s response absent further order from this Court.

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IT IS SO ORDERED.
Dated:

February 13, 2020
UNITED STATES MAGISTRATE JUDGE

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