Johnson v. Sisto et al

Filing 70

ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/18/10 denying 66 Motion to Set Aside the settlement agreement. This case is dismissed with prejudice on the parties stipulation. (Plummer, M)

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(PC) Johnson v. Sisto et al Doc. 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. D.K. SISTO, et al., Defendants. / This case settled on April 13, 2010. On September 21, 2010, plaintiff filed a notice that he had not received the agreed-upon amount. Defendants filed an opposition to plaintiff's request to set aside the settlement, noting that the settlement could not be paid until the state adopted the budget. The court does not find that the state's delay in satisfying the settlement justifies setting the agreement aside. On September 29, 2010, in compliance with this court's order, defendants filed the stipulation of dismissal with prejudice signed by both parties. ///// ///// ///// ///// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GEORGE I. JOHNSON, Plaintiff, No. CIV S-07-1826 MCE KJM P ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 john1826.ord(2) IT IS THEREFORE ORDERED that: 1. Plaintiff's motion to set aside the settlement agreement (docket no. 66) is denied; and 2. This case is dismissed with prejudice on the parties' stipulation. DATED: November 18, 2010. 2

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