Lipsey v. Davey, et al.

Filing 57

ORDER Requiring Defendant Randolph to Respond to Plaintiff's Motion to Enforce Settlement Agreement Within Twenty-One (21) days signed by Magistrate Judge Barbara A. McAuliffe on 3/19/2020. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

1:17-cv-01706-DAD-SAB (PC)

CHRISTOPHER LIPSEY, JR.,

12

Plaintiff,

13

v.

14

ORDER REQUIRING DEFENDANT
RANDOLPH TO RESPOND TO
PLAINTIFF’S MOTION TO ENFORCE
SETTLEMENT AGREEMENT

DAVEY, et al.,

15

(ECF No. 56)

Defendants.

TWENTY-ONE (21) DAY DEADLINE

16
17
18
19
20

Plaintiff Christopher Lipsey, Jr. (“Plaintiff”) is a state prisoner who proceeded 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

21

and conditions of the settlement agreement were placed on the record and the Court retained

22

jurisdiction to enforce the settlement. (ECF No. 49.)

23

On July 24, 2019, the parties filed a stipulation to dismiss this action with prejudice

24

pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), (ECF No. 51), and the action was

25

terminated by operation of law, (ECF No. 52).

26

Currently before the Court is Plaintiff’s “Motion for Civil or Economic Penalties/Fines for

27

Breach of Contract/Settlement or Equitable Relief,” filed March 18, 2020. (ECF No. 56.) In his

28

motion, Plaintiff states that as of March 9, 2020, he has not received payment pursuant to the
1

1

settlement agreement, and therefore seeks an order for Defendant to pay Plaintiff the agreed upon

2

amount, as well as additional relief such as default judgment and/or additional monetary

3

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

4

agreement.

5

The Court finds it appropriate to obtain a response from Defendant Randolph regarding

6

the motion. Accordingly, Defendant Randolph shall file a response to Plaintiff’s motion, (ECF

7

No. 56), within twenty-one (21) days from the date of this order. Plaintiff’s reply, if any, is due

8

within seven (7) days from the date of service of Defendant Randolph’s response.

9
10
11
12

IT IS SO ORDERED.
Dated:

/s/ Barbara

March 19, 2020

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2