Hardin v. Baughman et al

Filing 36

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/27/21 RECOMMENDING that plaintiff's request to withdraw from the settlement agreement and re-open the case 34 be denied. Request 34 referred to Judge Morrison C. England Jr. Objections due within 21 days.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON HARDIN,

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No. 2:17-cv-1340 MCE AC P
Plaintiff,

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v.

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FINDINGS AND RECOMMENDATIONS

D. BAUGHMAN, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a request to withdraw from the

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settlement agreement and re-open this action. ECF No. 34.

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On April 4, 2019, the parties participated in a settlement conference before Magistrate

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Judge Carolyn K. Delaney and the case settled. ECF No. 30. The same day, a stipulation for

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voluntary dismissal with prejudice was filed in this case, ECF No. 31, and signed notices of

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voluntary dismissal with prejudice were submitted to the court for filing in Hardin v. Pfeiffer,

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1:18-cv-1097 LJO JDP, and Hardin v. Rodriguez, 1:18-cv-1419 JLT, ECF No. 30. In accordance

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with the stipulation for dismissal, this case was closed on April 5, 2019. ECF No. 32. Now, over

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two years later, plaintiff seeks to withdraw from the settlement agreement on multiple grounds

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and requests that his case be re-opened. ECF Nos. 34, 35.1

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Plaintiff has filed two nearly identical copies of his motion.
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Plaintiff gives no explanation for his lengthy delay in seeking to withdraw from the

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settlement agreement, although it appears that he may be attempting to claim that he has only

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recently had an opportunity to review the written settlement agreement. ECF No. 34 at 1. To the

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extent plaintiff is in fact attempting to make such a claim, it is belied by the attached copy of the

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agreement that was signed and dated by plaintiff on April 4, 2019. Id. at 3-6.

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“The construction and enforcement of settlement agreements are governed by principles

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of local law which apply to interpretation of contracts generally.” Jeff D. v. Andrus, 899 F.2d

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753, 759 (9th. Cir. 1989) (citation omitted). With respect to plaintiff’s reasons for wanting to

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withdraw from the settlement agreement, he first claims that he has not and will not comply with

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the condition that he sign and file notices of voluntary dismissal in Hardin v. Pfeiffer and Hardin

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v. Rodriguez. However, the record in this case shows that plaintiff submitted his signed notices at

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the settlement conference, ECF No. 30, and the dockets in Hardin v. Pfeiffer and Hardin v.

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Rodriguez show that they were filed the same day.

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Plaintiff next makes allegations regarding the manner in which the settlement conference

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was conducted. He claims that he spoke with the settlement judge only, was not allowed to

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negotiate directly with defendants, and was kept “separated and isolated in another room.” ECF

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No. 34 at 1-2. He also makes a conclusory allegation that the settlement judge was “working for

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the Defendant and against the Plaintiff.” Id. at 2. Plaintiff’s allegations regarding how the

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settlement conference was conducted appear to describe a typical settlement conference. The

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parties in a settlement conference routinely meet separately with the settlement judge, who acts as

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an intermediary and moves between the rooms to present offers made by the parties. Settlement

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conference judges also typically discuss with the parties the weaknesses of their case and

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obstacles they may face if they do not settle the case.

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Plaintiff also argues that he “should have had a[n] Assistant General Counsel by CDCR”

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and that he required appointment of a guardian ad litem under Federal Rule of Civil Procedure

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17(c). Id. at 1-2. It appears that plaintiff is under the mistaken belief that the Assistant General

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Counsel for the CDCR who signed the settlement agreement was meant to represent him, and he

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was therefore deprived of such representation because counsel did not appear to advise plaintiff
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and did not sign the agreement until seven days after all the other signatories. Id. The settlement

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agreement clearly states that the CDCR was entering into the settlement agreement on behalf of

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the individual defendants, id. at 3, making it equally clear that the Assistant General Counsel for

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the CDCR was signing the agreement on behalf of the defendants and was not representing

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plaintiff. Furthermore, the brief delay in signing does not invalidate the settlement agreement.

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With respect to the claim that plaintiff required a guardian ad litem, the general claim that

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plaintiff was receiving mental health treatment is insufficient to establish that he required the

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appointment of a guardian ad litem, or was otherwise unable to represent his own interests, at the

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time he participated in the settlement conference. See Allen v. Calderon, 408 F.3d 1150, 1153

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(9th Cir. 2005) (a pro se party “is entitled to a competency determination when substantial

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evidence of incompetence is presented” (emphasis added)).

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Finally, plaintiff claims that the payee data record does not have his social security

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number, but there is no allegation that he failed to receive the payment agreed to in the settlement

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agreement. ECF No. 34 at 2.

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None of the reasons that plaintiff has given for wanting to withdraw from the settlement

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conference are grounds for rescission under California law. See Cal. Civil Code § 1686 (setting

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forth grounds for rescission). Plaintiff has therefore failed to set forth any legal basis for

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withdrawal from the settlement agreement.

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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s request to withdraw from
the settlement agreement and re-open the case, ECF No. 34, be DENIED.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: May 27, 2021

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