Joseph v. Parciasepe, et al.

Filing 63

ORDER signed by Magistrate Judge Allison Claire on 05/18/17 granting 61 Motion for a copy of the transcript. The Clerk of the Court shall send plaintiff a copy of the transcript from the January 18, 2017 settlement hearing. (cc: ECRO) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALONZO JAMES JOSEPH,

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No. 2:14-cv-0414 GEB AC P

Plaintiff,
v.

ORDER

T. PARCIASEPE,
Defendant.

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Plaintiff is a state prisoner, proceeding pro se. On January 18, 2017, the undersigned held

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a settlement conference, during which the parties reached a settlement. The court read the terms

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of the settlement on the record to which the parties agreed. On May 1, 2017, plaintiff wrote the

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undersigned a letter requesting a copy of the transcript from the settlement placed on the court

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record, and alleging a “breach of contract” due to an old obligation not disclosed during the

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settlement conference. (ECF No. 61.)

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A copy of the transcript from the settlement hearing is appended. The undersigned has

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reviewed the terms of the settlement placed on the court record. The record reflects that all

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parties agreed to the terms of the settlement in open court, and the undersigned confirmed that the

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settlement proceeds would first be applied against any restitution owed by the plaintiff, and the

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actual amount of the restitution would have no impact on the enforceability of the settlement as

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agreed. In other words, the parties were cautioned that an increase or decrease in the amount
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owed would have no impact on the settlement of this case. Specifically, the parties were

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informed:

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First, any settlement amounts must first be applied against any
outstanding restitution that Mr. Joseph has. It is the parties’ best
good faith estimate that Mr. Joseph owes approximately $6,900 in
restitution. But that’s just a good faith estimate by both sides. We
will have a settlement as of now.

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If it turns out that Mr. Joseph has, for example, more than one
CDCR number or owes . . . much much more in restitution so the
entire settlement proceeds get applied against the restitution and he
never sees a dollar, that’s not [a] basis for Mr. Joseph to seek to set
aside the settlement.

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Similarly, if he owes much less in restitution because he’s paid it
down or a court has set it aside or whatever reasons, it’s not [a]
basis for the defendant to say, well, then we don’t want to pay him
that much. No. The settlement is for $10,000, and whatever is for
restitution is owed. The proceeds first get applied against that.

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(Jan. 18, 2017 hearing transcript at 4.)
Therefore, plaintiff’s request for a copy of the transcript is granted, but no further relief is
warranted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for a copy of the transcript (ECF No. 61) is granted; and

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2. The Clerk of the Court shall send plaintiff a copy of the transcript from the January 18,

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2017 settlement hearing.

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Dated: May 18, 2017

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/jose0414.setenf

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