Tufono v. Parker, et al.

Filing 45

ORDER signed by Magistrate Judge Deborah Barnes on 10/07/19 ORDERING that counsel for defendants shall file and serve a document indicating that the parties have resolved this action entirely within 14 days of the date of this order. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TINO TUFONO,

12

No. 2:16-cv-2448 MCE DB P
Plaintiff,

13

v.

14

PARKER, et al.,

15

ORDER

Defendants.

16
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

17
18

action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants were deliberately indifferent to

19

his safety in violation of the Eighth Amendment. A settlement conference was held in this action

20

on August 20, 2019. The parties reached a settlement and the terms and conditions were placed

21

on the record. (ECF No. 42.) The magistrate judge who presided over the settlement conference

22

ordered that dispositional documents were to be completed and filed within thirty days.
On October 1, 2019, counsel for defendants filed a stipulation for voluntary dismissal

23
24

signed by plaintiff and signed by defense counsel on behalf of Monkus, L. Parker, and J. Parker.

25

(ECF No. 43.) That same day counsel for defendants also filed a notice of voluntary dismissal

26

signed by plaintiff consenting to the dismissal of defendant Wong. (ECF No. 44.) The notice is

27

signed only by plaintiff. Accordingly, the court will direct counsel for defendants to file a

28

////
1

1

stipulation signed by plaintiff and defendant Wong or to otherwise indicate on the record that all

2

parties have consented to dismissal of this action.

3

IT IS HEREBY ORDERED that counsel for defendants shall file and serve a document

4

indicating that the parties have resolved this action entirely within fourteen days of the date of

5

this order.

6

Dated: October 7, 2019

7
8
9
10
11
12

DLB:12
DLB:1/Orders/Prisoner/Civil.Rights/tufo2448.settl

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2