Roberts v. Brown, et al

Filing 100

ORDER signed by Chief Judge Morrison C. England, Jr., on 5/13/15 ORDERING Defendants to file a response to Plaintiff's allegation that they have not paid the remaining $4,892.50 owed to Plaintiff under the settlement agreement. Defendants' response is due ten (10) days from the date this order is electronically filed. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL D. ROBERTS, 12 13 14 No. 2:11-cv-00474-MCE-DAD P Plaintiff, v. ORDER M.D. McDONALD, et al., 15 Defendants. 16 17 This is a prisoner civil rights action that Plaintiff and Defendants voluntarily 18 dismissed pursuant to a settlement agreement in September 2014. Plaintiff has since 19 filed two motions seeking enforcement of the settlement agreement. ECF Nos. 97, 99.1 20 Plaintiff claims that he settled this case for $4,150.00 and another case (Roberts 21 v. CDCR, 2:12-cv-0247-KJM-AC (PC)) for $1,000.00. Plaintiff states in his motions that 22 he has thus far received only $257.50 (and $150 of that amount went towards payment 23 of his only restitution fine). Plaintiff seeks payment of the remaining $4,892.50 owed to 24 him under the settlement agreement. Defendants have not responded to Plaintiff’s 25 allegations. 26 1 27 28 Although Plaintiff labels his filings as motions to re-open this case, the substance of the motions indicates that he actually seeks enforcement of his settlement agreement. See, e.g., Pl.’s Mot. at 2 (“plaintiff seeks to re-open this case to [e]nforce payment of the settlement agreements”). Cf. Fed. Rules Civ. P. 59 and 60. 1 1 Defendants are hereby ORDERED to file a response to Plaintiff’s allegation that 2 they have not paid the remaining $4,892.50 owed to Plaintiff under the settlement 3 agreement. Defendants’ response is due ten (10) days from the date this order is 4 electronically filed. 5 6 IT IS SO ORDERED. Dated: May 13, 2015 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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