Hicks v. Arya

Filing 134

ORDER signed by Magistrate Judge Kendall J. Newman on 11/10/20 ORDERING within 14 days of the date of this order, defendants shall file a stipulation to withdraw plaintiffs pending motion to vacate the previous settlement and reopen this action file d on May 1, 2020. Within 14 days of the date of this order, defendants shall inform the undersigned whether they filed appropriate dispositional documents in Hicks v. Gamboa, 3:19-cv-3010 (N.D. Cal.); Hicks v. Bien, 3:19-cv-1137 (N.D. Cal.); Hicks v. Diaz, 3:20-cv-0217 CAB BLM (S.D. Cal.); and any other cases that were part of the global settlement herein.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. HICKS,

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No. 2: 16-cv-2465 TLN KJN P

Plaintiff,

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v.

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ORDER

AFSHIN ARYA, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On September 10, 2019, the parties entered into a settlement agreement in

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the instant action and Hicks v. Robles, 1:18-cv-1481 AWI EPG (E.D. Cal.).1

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After the settlement agreement was reached, plaintiff filed motions in both actions to

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withdraw from the settlement and to reopen the actions. In the instant action, plaintiff filed a

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request to rescind the settlement and reopen the action on May 1, 2020. (ECF No. 133.)
On October 2, 2020, the undersigned conducted a further settlement conference. The

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instant action, 1:18-cv-1481 AWI EPG (E.D. Cal.) and the following actions were settled: Hicks

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v. Davis, 2:19-cv-2424 MCE CKD P; Hicks v. Gamboa, 3:19-cv-3010 (N.D. Cal.); Hicks v. Bien,

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3:19-cv-1137 CRB (N.D. Cal.); and Hicks v. Diaz, 3:20-cv-0217 CAB BLM (S.D. Cal.). The

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It is not clear whether any of the other actions listed below were also settled on September 10,
2019.
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undersigned ordered the parties to file dispositional documents within thirty days in each case.

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(ECF No. 131.)

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Thirty days passed from October 2, 2020 and no dispositional documents were filed in

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case 1:18-cv-1481 AWI EPG. On November 3, 2020, in case 1:18-cv-1481, Magistrate Judge

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Grosjean ordered the parties to file dispositional documents or a motion for an extension of time

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on or before November 6, 2020. (See 1:18-cv-1481, ECF No. 135.)

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On November 6, 2020 defendants filed a stipulation to withdraw all pending motions in

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1:18-cv-1481. (See 1:18-cv-1481, ECF No. 137.) Defendants stated that based on plaintiff’s

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withdrawal of his pending motions, the September 10, 2019 stipulation for voluntary dismissal

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filed in 1:18-cv-1481 would remain in effect. (Id.) Defendants stated that they understood that

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no further dispositional documents would be required. (Id.) Should the court disagree,

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defendants requested an additional fourteen days to complete another stipulation for voluntary

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dismissal in 1:18-cv-1481. (Id.)

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On November 6, 2020, Magistrate Judge Grosjean signed the stipulation submitted by
defendants to withdraw all pending motions in 1:18-cv-1481. (See 1:18-cv-1481, ECF No. 138.)
Defendants did not file a stipulation to withdraw plaintiff’s pending motion to vacate the

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previous settlement and reopen this action filed in the instant action on May 1, 2020.

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Accordingly, within fourteen days of the date of this order, defendants shall file a stipulation to

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withdraw plaintiff’s May 1, 2020 motion to vacate the previous settlement and reopen this action.

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Pursuant to the October 2, 2020 settlement agreement, defendants filed a stipulation of

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dismissal in Hicks v. Davis, 2: 19-cv-2424 MCE CKD P. Accordingly, within fourteen days of

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the date of this order, defendants shall coordinate with plaintiff to take all necessary steps and

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then notify the undersigned whether they have filed appropriate dispositional documents in the

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other actions settled on October 2, 2020, i.e., Hicks v. Gamboa, 3:19-cv-3010 (N.D. Cal.); Hicks

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v. Bien, 3:19-cv-1137 (N.D. Cal.); and Hicks v. Diaz, 3:20-cv-0217 CAB BLM (S.D. Cal.) (as

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well as any other cases that were part of the global settlement herein).

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Accordingly, IT IS HEREBY ORDERED that:

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Within fourteen days of the date of this order, defendants shall file a stipulation to

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withdraw plaintiff’s pending motion to vacate the previous settlement and reopen this

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action filed on May 1, 2020;

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2. Within fourteen days of the date of this order, defendants shall inform the undersigned

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whether they filed appropriate dispositional documents in Hicks v. Gamboa, 3:19-cv-

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3010 (N.D. Cal.); Hicks v. Bien, 3:19-cv-1137 (N.D. Cal.); Hicks v. Diaz, 3:20-cv-

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0217 CAB BLM (S.D. Cal.); and any other cases that were part of the global

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settlement herein.

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Dated: November 10, 2020

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Hicks2465.set(2)
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