Lipsey v. Kalil, et al.

Filing 74

ORDER signed by Magistrate Judge Allison Claire on 3/25/2022 GRANTING defendants' 73 motion to stay and briefing on the motion for summary judgment is STAYED pending approval of the settlement agreement in Coleman v. Newsom, No. 2:90-cv-0 520 KJM DB (E.D. Cal.). In the event the settlement agreement is not approved, within one day of the order disapproving the settlement agreement defendants shall file a notice advising the court that the settlement agreement was not approved. Defendants may file a reply in support of their motion for summary judgment within seven days of that notice. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LIPSEY, JR.,

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No. 2:17-cv-1429 TLN AC P

Plaintiff,

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v.

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M. KALIL, et al.,

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ORDER

Defendants.

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Defendants have filed a motion to stay this case and vacate deadlines in light of the

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settlement of plaintiff’s claims in Coleman v. Newsom, No. 2:90-cv-0520 KJM DB (E.D. Cal.),

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which included a global settlement of all of plaintiff’s active cases. ECF No. 73. Because the

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settlement in Coleman is subject to approval by the district judge, defendants request that this

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action be stayed and all deadlines vacated pending approval of the settlement agreement. Id. at 2.

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The only matters currently pending in this case are defendants’ motion for summary

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judgment and plaintiff’s motion for reconsideration. Defendants’ reply in support of their motion

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for summary judgment is currently due March 30, 2022, ECF No. 72, and a response to plaintiff’s

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motion for reconsideration is required “only as directed by the court,” ECF No. 45 at 6. The court

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will therefore grant the motion and stay briefing on the motion for summary judgment pending

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approval of the settlement agreement.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to stay (ECF No. 73) is GRANTED and briefing on the motion

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for summary judgment is STAYED pending approval of the settlement agreement in Coleman v.

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Newsom, No. 2:90-cv-0520 KJM DB (E.D. Cal.).

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2. In the event the settlement agreement is not approved, within one day of the order

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disapproving the settlement agreement defendants shall file a notice advising the court that the

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settlement agreement was not approved. Defendants may file a reply in support of their motion

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for summary judgment within seven days of that notice.

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DATED: March 25, 2022

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