Joseph v. Parciasepe, et al.
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ALONZO JAMES JOSEPH,
No. 2:14-cv-0414 GEB AC P
Plaintiff is a state prisoner, proceeding pro se. On January 18, 2017, the undersigned held
a settlement conference, during which the parties reached a settlement. The court read the terms
of the settlement on the record to which the parties agreed. On May 1, 2017, plaintiff wrote the
undersigned a letter requesting a copy of the transcript from the settlement placed on the court
record, and alleging a “breach of contract” due to an old obligation not disclosed during the
settlement conference. (ECF No. 61.)
A copy of the transcript from the settlement hearing is appended. The undersigned has
reviewed the terms of the settlement placed on the court record. The record reflects that all
parties agreed to the terms of the settlement in open court, and the undersigned confirmed that the
settlement proceeds would first be applied against any restitution owed by the plaintiff, and the
actual amount of the restitution would have no impact on the enforceability of the settlement as
agreed. In other words, the parties were cautioned that an increase or decrease in the amount
owed would have no impact on the settlement of this case. Specifically, the parties were
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.
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.
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.
(Jan. 18, 2017 hearing transcript at 4.)
Therefore, plaintiff’s request for a copy of the transcript is granted, but no further relief is
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s request for a copy of the transcript (ECF No. 61) is granted; and
2. The Clerk of the Court shall send plaintiff a copy of the transcript from the January 18,
2017 settlement hearing.
Dated: May 18, 2017
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