Jennings v. Moreland et al

Filing 350

ORDER signed by Magistrate Judge Kendall J. Newman on 8/8/2017 ORDERING plaintiff's 346 notice is placed in the court file and DISREGARDED. (cc: KJN) (Yin, K)

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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.) On August 10, 2017, counsel for plaintiff was directed to address

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plaintiff’s filing. On August 21, 2017, counsel for plaintiff filed a status report, and provided a

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corrected exhibit A on August 22, 2017.

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Plaintiff’s counsel states that on August 21, 2017, by certified mail, return receipt

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requested, he sent plaintiff copies of the following documents: stipulation for voluntary

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dismissal; defense counsel Larry Bragg’s letter to the California Victim Compensation Board

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notifying the Board of the settlement of this action; Mr. Bragg’s email to plaintiff’s counsel on

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August 16, 2017, verifying that Mr. Bragg sent a letter to the victim’s wife advising her of the
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settlement; and the Payee Data Record signed by plaintiff on April 14, 2017. (ECF No. 348 at 1-

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2.) Plaintiff’s counsel noted that because he does not have the victim’s address, he does not

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intend to write the victim’s family.

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The undersigned 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 confirms that the court did not

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order plaintiff’s counsel to write the victim’s family, and the court did not order anyone to

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provide plaintiff copies of any particular document. In any event, plaintiff has now been provided

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with copies of the documents identified above, and counsel’s status report confirms that the

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provisions of the settlement have been met. Therefore, there is no need for the court to revisit the

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settlement of this action.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s notice (ECF No. 346) is placed

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in the court file and disregarded.

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Dated: August 28, 2017

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/jenn1305.setenf

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