Harrell v. Hornbrook Community Services District, et al.

Filing 150

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/1/17: 145 Stipulation and Proposed Order is stricken. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PETER T. HARRELL, 12 13 14 15 16 17 No. 2:14-cv-01595 KJM GGH Plaintiff, v. ORDER STRIKING STIPULATION AND PROPOSED ORDER OF SETTLEMENT HORNBROOK COMMUNITY SERVICES DISTRICT, et al., Defendants. On April 18, 2017, plaintiff Harrell and pro se defendant Gifford filed a Stipulation and 18 Order for Settlement and Judgment setting forth the terms of the proposed settlement effect of 19 the, ECF 145. The document also asks the court to ratify the settlement as a good faith settlement 20 which could have the effect of precluding the other defendants from seeking indemnity from 21 defendant Gifford or otherwise attacking the settlement. The represented defendants in this case 22 filed objections, ECF 146. 23 A finding of good faith settlement may have adverse consequences on the remaining 24 defendants. As such, a “stipulation” between the settling parties which would have the effect of 25 mandating those adverse consequences without a chance for the remaining defendants to be heard 26 is inappropriate. Moreover, there are unanswered legal questions about the propriety of the 27 concept of good faith settlement in the context of this mixed federal civil rights and state tort 28 action. In addition, there is no pending operative complaint with which to judge the effect of a 1 1 2 finding of good faith settlement. For all of the above reasons, the proposed Stipulation and Order is stricken. Plaintiff 3 Harrell may file a motion for an order of good faith settlement when an operative complaint has 4 been answered in this case. Such motion, filed at the appropriate time, shall be served on 5 defendants and set for hearing according to the rules of this court. 6 Accordingly, the Stipulation and Proposed Order, ECF 145 is stricken. 7 SO ORDERED. 8 9 Dated: May 1, 2017 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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