Rodgers v. Tilton et al

Filing 77

ORDER signed by Magistrate Judge Dale A. Drozd on 10/11/2012 ORDERING that plaintiff shall file a reply to defendants' 76 response to his motion to withdraw the settlement agreement and re-open these proceedings within 21 days. (Yin, K)

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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 a complaint filed pursuant to 42

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U.S.C. § 1983. This case was referred to United States Magistrate Judge Craig M. Kellison to

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conduct a settlement conference on October 20, 2011. The parties reached a settlement

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agreement at that time and filed a stipulation for voluntary dismissal of this case with prejudice

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after that settlement conference. The case was then closed pursuant to the parties’ stipulation.

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Presently pending before the court is plaintiff’s motion to withdraw the settlement

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agreement and re-open the proceedings in this action. Plaintiff claims that defendants failed to

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pay him the amount that was agreed to between the parties as part of their settlement agreement.

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Defendants response to that motion, filed August 21, 2012, represents to the court that plaintiff

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has now been paid the amount that is owed to him under the settlement agreement.

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In light of these circumstances, IT IS HEREBY ORDERED that plaintiff shall file

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a reply to defendants’ response to his motion to withdraw the settlement agreement and re-open

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these proceedings within twenty-one (21) days of the date of this order. In the reply, plaintiff

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shall expressly state whether he seeks to pursue his motion to withdraw the settlement agreement

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and re-open the proceedings or withdraw that motion in light of defendants’ statements that he

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has now been paid what is owed to him under the settlement agreement. Plaintiff’s failure to

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comply with this order may result in a recommendation that his motion to withdraw the

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settlement and re-open the proceedings be denied without prejudice.

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DATED: October 11, 2012.

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DAD:dpw
rodg2269.reply

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