(PC) Williams v. Spearman et al

Filing 52

ORDER signed by Magistrate Judge Kendall J. Newman on 7/19/2021 DISMISSING this action with prejudice and ORDERING Plaintiff to pay sanctions of $1000.00 payable to the Clerk of Court of the Eastern District of California within 14 days of the date of this order. CASE CLOSED. (Henshaw, R)

Case 2:19-cv-00486-MCE-DB Document 52 Filed 07/19/21 Page 1 of 3
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GENTRY WILLIAMS,

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No. 2: 19-cv-0486 MCE DB P

Plaintiff,

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v.

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ORDER

J. FANNON,

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Defendant.

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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. For the reasons stated herein, this action is dismissed with prejudice.
On May 25, 2021, the undersigned conducted a settlement conference in this action. This

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action settled. Pursuant to the terms of the settlement, defendant agreed to pay plaintiff $2500

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and the parties agreed to dismiss this action with prejudice. 1
At the settlement conference, the undersigned instructed plaintiff to prepare and send

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defendant a notice of voluntary dismissal with prejudice of this action. Upon receipt of the notice

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of dismissal, the undersigned directed defendant to sign and file the notice of dismissal within

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thirty days of May 25, 2021.

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At the settlement conference, the parties agreed that the transcript from the settlement
conference would be the formal settlement agreement. (See ECF No. 47 (transcript from
settlement conference).)
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Case 2:19-cv-00486-MCE-DB Document 52 Filed 07/19/21 Page 2 of 3
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Following the settlement conference, defendant provided the court with proof of payment
of the settlement money.

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Plaintiff did not comply with the order to send defendant the notice of dismissal. Instead,

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plaintiff filed a document titled “Private Settlement Agreement and Release of All Claims on

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Defendant J. Fannon.” (ECF No. 49.) This document is not a notice of voluntary dismissal with

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prejudice. This document also misrepresents the terms of the settlement and does not contain

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defendant Fannon’s signature.

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On June 25, 2021, the undersigned ordered plaintiff to mail defendant Fannon a signed

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notice of voluntary dismissal with prejudice within fourteen days of the order. (ECF No. 50.)

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The undersigned ordered defendant to sign and file this notice within thirty days of the order.

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(Id.) If defendant Fannon did not receive the notice from plaintiff within fourteen days, the

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undersigned directed defendant Fannon to notify the court. (Id.) In the June 25, 2021 order, the

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undersigned cautioned plaintiff that failure to comply with the order may result in the imposition

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of monetary sanctions. (Id.)

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On July 14, 2021, defendant Fannon filed a notice stating that he did not receive a notice

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of voluntary dismissal from plaintiff within fourteen days of the June 25, 2021 order. (ECF No.

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51.)
Accordingly, for the reasons stated on the record at the May 25, 2021 settlement

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conference, this action is dismissed with prejudice. (See ECF No. 47.) In addition, within

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fourteen days of the date of this order, plaintiff shall pay sanctions of $1000.00 for his failure to

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comply with the June 25, 2021 order directing him to send defendant Fannon a notice of

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voluntary dismissal with prejudice. See Local Rule 110 (“Failure of counsel or a party to comply

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with …any order of the Court may be grounds for the imposition by the Court of any and all

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sanctions … within the inherent power of the Court.”)

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Case 2:19-cv-00486-MCE-DB Document 52 Filed 07/19/21 Page 3 of 3
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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2. Within fourteen days of the date of this order, plaintiff shall pay sanctions of $1000.00

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This action is dismissed with prejudice;

payable to the Clerk of Court of the Eastern District of California.
Dated: July 19, 2021

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Will486.fin

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