Spencer v. Gutierrez

Filing 34

ORDER DENYING AS MOOT 31 Plaintiff's Motion to Enforce Settlement Agreement signed by Magistrate Judge Stanley A. Boone on 2/24/2020. (Jessen, A)

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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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J. GUTIERREZ,

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Case No. 1:17-cv-01505-LJO-JDP (PC)
ORDER DENYING AS MOOT PLAINTIFF’S
MOTION TO ENFORCE SETTLEMENT
AGREEMENT
(ECF No. 31)

Defendant.

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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 construed Plaintiff’s filing as a motion to enforce the settlement
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agreement, and ordered Defendant Gutierrez to file a response to Plaintiff’s motion within

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fourteen days. (ECF No. 32.)
On February 24, 2020, Defendant Gutierrez filed a response to Plaintiff’s motion to

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enforce the settlement agreement, in the form of a declaration from defense counsel. (ECF No.

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33.) In his declaration, defense counsel states that, under the terms of the settlement agreement,

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CDCR was required to make a good-faith effort to pay the settlement amounts no later than

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January 8, 2020, i.e., 180 days from the date of the settlement conference, when all of the

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dispositional documents were signed. (Id. at 2.) Further, defense counsel asserts that he has been

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informed by CDCR that the settlement funds for this case were first applied to Plaintiff’s

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restitution balance, and then the remaining funds were deposited into Plaintiff’s trust account on

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January 27, 2020. (Id. at 3.) The delay in the payment of the settlement amount was due to the

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fact that the settlement coordinator position at CDCR’s Office of Legal Affairs was understaffed

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at the time that the settlement in this case was being processed. (Id.) Defense counsel’s

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declaration is signed under penalty of perjury. (Id. at 4.)

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The Court directed Plaintiff to not file a reply unless ordered to do so. The Court finds
that no reply is necessary, and Plaintiff’s motion is deemed submitted. Local Rule 230(l).

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Based on the information currently before the Court, while the payment of the settlement

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proceeds was delayed, it appears that CDCR has paid the settlement proceeds to Plaintiff as

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required by the settlement agreement. Therefore, Plaintiff’s motion to enforce the settlement

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agreement, (ECF No. 31), is HEREBY DENIED as moot.

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IT IS SO ORDERED.
Dated:

February 24, 2020
UNITED STATES MAGISTRATE JUDGE

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