Finley v. Griggs et al

Filing 113

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/15/11 ORDERING that within 7 days of the date of this order, defendants shall show cause why they should not be sanctioned for their violation of the April 8 order. Defendants shall also explain whether plaintiff has been paid the agreed-upon settlement amount, and shall provide evidence to support the facts alleged in their filing.(Dillon, 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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JOWELL FINLEY,
Plaintiff,

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No. CIV S-07-2344 KJM EFB P

vs.
R.L. GRIGGS, et al.,
ORDER

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Defendants.
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On April 8, 2011, the court issued an order memorializing that this case had been settled.

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The court ordered that dispositional documents be filed not later than August 10, 2011, and

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explained that failure to comply with the order would constitute grounds for the imposition of

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sanctions. Dckt. No. 97. Defendants have not timely filed the dispositional documents.

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Plaintiff has filed several motions and letters claiming that he has not been paid the

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agreed-upon settlement. See Dckt. Nos. 98 (motion for order for payment of settlement); 99

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(withdrawal of 98); 101 (motion for order shortening time to make payment); 102 (request for

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entry of default); 106 (motion for default judgment); 107 (motion for default judgment); 108

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(request for entry of default); 111 (motion for order directing defendants to pay settlement

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funds); 112 (notice regarding payment of settlement). Most recently, plaintiff claims that he has

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not received any payment; that defendants’ counsel has not returned his phone calls and letters;
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that defendants’ counsel told plaintiff’s sister that the settlement was paid on August 9, 2011, but

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the prison has no record of receiving the payment; and plaintiff has not received any proof that

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the payment was made. Dckt. No. 112. Plaintiff attaches a copy of his prison trust statement

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showing a zero balance. Id. at 4.

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Defendants’ attorney filed a declaration on August 17, 2011, stating “I am informed that

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. . . [CDCR] paid the full settlement amount of $1,650.00 into Plaintiff’s prison trust account on

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August 9, 2011. I will be filing the ‘Stipulated Dismissal with Prejudice and Order’ promptly.”

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Dckt. No. 104 at 2.

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Notwithstanding counsel’s tardy statement that he would be filing the required

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documents “promptly,” defendants are in violation of the court’s April 8 order, which provided

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that dispositional documents be filed not later than August 10, 2011.

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Accordingly, it is hereby ORDERED within 7 days of the date of this order, defendants

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shall show cause why they should not be sanctioned for their violation of the April 8 order.

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Defendants shall also explain whether plaintiff has been paid the agreed-upon settlement

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amount, and shall provide evidence to support the facts alleged in their filing.

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Dated: September 15, 2011.

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