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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KELVIN X. SINGLETON,

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Plaintiff,

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v.

No. 1:08-cv-0095 EPG PC

ORDER

A. HEDGEPATH, et al.,
Defendants.

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Plaintiff is a state prisoner, now proceeding without counsel. All parties consented to

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Magistrate Judge jurisdiction under 28 U.S.C. 636(c). On March 29, 2016, the parties settled this

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action during a settlement conference before the undersigned. At that time, the undersigned

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explained to plaintiff that the settlement proceeds could be delayed up to six months from the date

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the written stipulation is executed, but that at the time of the settlement conference, it was

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averaging about three to four months for settlement proceeds to be paid. The parties filed the

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stipulation for voluntary dismissal on May 27, 2016.

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On October 14, 2016, plaintiff filed a letter explaining that he had written to defendants’

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counsel concerning a death in plaintiff’s family and inquiring whether the settlement proceeds

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could be expedited; however, plaintiff claims that defense counsel failed to respond. Plaintiff

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notes that the “November 10, 2016 deadline” is fast approaching and contends that defendants’

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failure to timely pay the proceeds should enable him to either seek interest on the proceeds or
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back out of the settlement altogether.
Although six months from the filing of the written stipulation has not yet run, the verbal

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settlement of this case was put on the record on March 29, 2016. The delay in paying the

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settlement proceeds in this case appears to be unusual. Therefore, defendants’ counsel is directed

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to file a status report advising the status of the payment of settlement proceeds in this case,

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including whether the settlement proceeds will be paid to plaintiff on or before November 10,

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2016. No response by plaintiff is required.

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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

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