Manning, et al., v. CDCR, et al.,

Filing 334

ORDER signed by Magistrate Judge Allison Claire on 2/2/2016 DENYING plaintiff's 330 , 331 , 332 motions to enforce the settlement agreement. Any further motions to enforce the settlement agreement that are filed prior to 5/11/2016 will be DISREGARDED without further order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHERMAN D. MANNING,

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Plaintiff,

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No. 2:12-cv-2440 MCE AC P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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The parties entered a settlement agreement in this case on October 19, 2015 (ECF No.

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316), and this action was closed on December 15, 2015, pursuant to the parties’ stipulation (ECF

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No. 328). Plaintiff has now filed three motions to enforce the settlement agreement in which he

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claims that he has not received the agreed upon funds. ECF Nos. 330, 331, 332. Under the terms

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of the agreement entered into by the parties, defendants have 180 days from the date the

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settlement agreement is signed to make the agreed upon funds available to plaintiff. ECF No.

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325-2 at 26-27 (transcript at 4:15-5:6). Although defendants agreed to do their best to get

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plaintiff the funds before his projected parole date of February 14, 2016, it was explained to

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plaintiff that this could not be guaranteed and that if he did not have the funds by that date it was

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not grounds to terminate the settlement agreement. Id. at 25-26 (transcript 3:23-4:15).

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Plaintiff signed the settlement agreement on November 13, 2015. ECF No. 325-2 at 39.

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Defendants therefore have until May 11, 2016, to make the agreed upon funds available to

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plaintiff. Although the defendants were ordered to comply with the terms of the settlement

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“forthwith,” that order is simply a directive to proceed without delay in taking the steps necessary

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to comply with the agreement, it does not modify the 180 day period defendants are afforded

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under the settlement agreement to make payment. The court will not entertain any motions from

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plaintiff regarding the timeliness of the payment of funds unless and until defendants exceed their

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time to provide the funds to plaintiff.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions to enforce the

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settlement agreement (ECF Nos. 330, 331, 332) are denied. Any further motions to enforce the

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settlement agreement that are filed prior to May 11, 2016 will be disregarded without further

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order.

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DATED: February 2, 2016

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