Thomas v. Yates et al

Filing 32

ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/16 ordering that within 30 days from the date of this order, defendants shall file a status report as set forth above. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KELVIN X. SINGLETON, 12 Plaintiff, 13 14 15 v. No. 1:08-cv-0095 EPG PC ORDER A. HEDGEPATH, et al., Defendants. 16 17 Plaintiff is a state prisoner, now proceeding without counsel. All parties consented to 18 Magistrate Judge jurisdiction under 28 U.S.C. 636(c). On March 29, 2016, the parties settled this 19 action during a settlement conference before the undersigned. At that time, the undersigned 20 explained to plaintiff that the settlement proceeds could be delayed up to six months from the date 21 the written stipulation is executed, but that at the time of the settlement conference, it was 22 averaging about three to four months for settlement proceeds to be paid. The parties filed the 23 stipulation for voluntary dismissal on May 27, 2016. 24 On October 14, 2016, plaintiff filed a letter explaining that he had written to defendants’ 25 counsel concerning a death in plaintiff’s family and inquiring whether the settlement proceeds 26 could be expedited; however, plaintiff claims that defense counsel failed to respond. Plaintiff 27 notes that the “November 10, 2016 deadline” is fast approaching and contends that defendants’ 28 failure to timely pay the proceeds should enable him to either seek interest on the proceeds or 1 1 2 back out of the settlement altogether. Although six months from the filing of the written stipulation has not yet run, the verbal 3 settlement of this case was put on the record on March 29, 2016. The delay in paying the 4 settlement proceeds in this case appears to be unusual. Therefore, defendants’ counsel is directed 5 to file a status report advising the status of the payment of settlement proceeds in this case, 6 including whether the settlement proceeds will be paid to plaintiff on or before November 10, 7 2016. No response by plaintiff is required. 8 9 10 Accordingly, IT IS HEREBY ORDERED that within thirty days from the date of this order, defendants shall file a status report as set forth above. Dated: October 18, 2016 11 12 13 /sing0095.fb.set 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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