Rodgers v. Tilton et al

Filing 75

ORDER signed by Magistrate Judge Dale A. Drozd on 08/08/12 ordering that defense counsel shall file a response to plaintiff's motion to withdraw the settlement agreement and re-open proceedings within 14 days of the date of this order. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN RODGERS,

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Plaintiff,

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No. 2:07-cv-2269 WBS DAD P

vs.

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JAMES E. TILTON, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with an action under 42 U.S.C. §

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1983. This case was referred to U.S. Magistrate Judge Craig M. Kellison to conduct a settlement

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conference on October 20, 2011. After that settlement conference, the parties reached an

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agreement and filed a stipulation for voluntary dismissal of this case with prejudice. Pursuant to

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the stipulation, the case was dismissed and closed. Pending before the court is plaintiff’s motion

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to withdraw the settlement agreement and re-open proceedings. Plaintiff claims that the

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defendants have failed to pay him the agreed upon amount under the settlement that was reached

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between the parties. Defense counsel has not responded to the motion.

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Good cause appearing, IT IS HEREBY ORDERED that defense counsel shall file

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a response to plaintiff’s motion to withdraw the settlement agreement and re-open proceedings

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within fourteen days of the date of this order.

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DATED: August 8, 2012.

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DAD:9
rodg2269.sett

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