Jennings v. Moreland et al

Filing 347

ORDER signed by Magistrate Judge Kendall J. Newman on 08/10/17 ordering that within 14 days from the date of this order, plaintiff's counsel shall file a status report addressing the above issues. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW G. JENNINGS,

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No. 2:08-cv-1305 MCE CKD P

Plaintiff,
v.

ORDER

A. MORELAND, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding through counsel. On April 4, 2017, the

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undersigned held a settlement conference, during which the parties reached a settlement. The

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court read the terms of the settlement on the record to which the parties agreed. On August 13,

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2017, plaintiff filed a document styled, “Failure to Follow Settlement Agreement by Plaintiff’s

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Counsel.” (ECF No. 346.)

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The undersigned has reviewed the terms of the settlement placed on the court record. The

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record reflects that all parties agreed to the terms of the settlement in open court, and the

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undersigned confirmed that Deputy Attorney General Lawrence Bragg would write a letter to the

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Victim Compensation Board advising of the settlement of this case, and provide plaintiff’s

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counsel a copy of the letter within thirty days from the settlement conference. In addition, the

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undersigned stated that plaintiff’s counsel may write a letter to the victim’s family advising them

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of the instant settlement and suggesting they may want to apply for payment to the Victim
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Compensation Board. However, the undersigned expressly noted that there was no agreement as

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to the outcome of any such correspondence, and that if the Board disagreed, or if the victim’s

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family failed to apply, such failed outcome would not serve as a basis to set aside the settlement.

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Review of the settlement terms placed on the court record fails to confirm any order that

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plaintiff would be provided copies of any particular document. Moreover, the court did not order

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plaintiff’s counsel to write the victim’s family, and thus was not required to do so.

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In an abundance of caution, counsel for plaintiff is directed to inform the court, within

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fourteen days, whether he received the letter from Mr. Bragg, and whether plaintiff’s counsel

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intends to write the victim’s family.

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Accordingly, IT IS HEREBY ORDERED that within fourteen days from the date of this

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order, plaintiff’s counsel shall file a status report addressing the above issues.

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Dated: August 10, 2017

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/jenn1305.set

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