Randle v. Goodwin et al

Filing 36

ORDER signed by Magistrate Judge Kendall J. Newman on 04/18/18 DENYING 33 plaintiff's request to proceed with claims as to defendants Tripoli and Yang. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIE D. RANDLE,

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No. 2:16-cv-2419 KJN P

Plaintiff,
v.

ORDER

M. GOODWIN, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding pro se. On April 3, 2018, this case was settled

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during a settlement conference at which plaintiff appeared by videoconference, and the

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undersigned placed the settlement on the record. Later that day, plaintiff wrote a letter to the

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undersigned, claiming that “we forgot or did not address” two defendants, Tripoli and Yang, who

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were not yet served with process in this action.

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The undersigned reviewed the settlement proceedings. At that hearing, the undersigned

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informed the parties that the settlement was a “complete resolution of all claims” in this case and

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plaintiff’s other pending case, Randle v. Elizarraras, No. 2;17-cv-1700 KJN (E.D. Cal.), including

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“all claims, current or former.” The only exceptions to the settlement noted on the record were

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plaintiff’s other two open cases: 2:17-cv-01583 AC, and 2:18-cv-00411 CMK.

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Thus, plaintiff is informed that he may not pursue his claims against defendants Tripoli
and Yang in this action, even though they were not served with process, because the settlement of
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this action included plaintiff’s claims against defendants Tripoli and Yang. Plaintiff is reminded

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that it may take up to six months to receive settlement funds. If plaintiff has not received the

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proceeds by October 3, 2018, he should contact the defendants’ attorney of record to inquire as to

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the status of the settlement proceeds.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request to proceed with claims as

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to defendants Tripoli and Yang (ECF No. 33) is denied.

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Dated: April 18, 2018

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/rand2419.pro.d

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