(PC)Israel v. Gibbs et al

Filing 42

ORDER signed by Magistrate Judge Dennis M. Cota on 5/9/2024 GRANTING plaintiff's 35 motion to enforce the settlement agreement in this case. Defense counsel shall provide plaintiff a supplemental list, as described herein, on or before 5/20/2024. Dispositional documents shall be filed with the Court on or before 6/10/2024. The Court continues to retain jurisdiction to enforce the settlement agreement reached on 2/6/2024. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AKIVA AVIKAIDA ISRAEL,

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Plaintiff,

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v.

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K. GIBBS, et al.,

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No. 2:21-CV-2129-KJM-AC-P

ORDER

Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. The matter was referred to the undersigned for a settlement conference, which

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was held on February 6, 2024, at which time the case settled subject to various agreed terms.

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Pending before the Court is Plaintiff’s motion to enforce a settlement agreement. See ECF No.

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35. Defendants have filed a response. See ECF No. 36. The matter was set for a hearing before

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the undersigned via Zoom on May 3, 2024. Mohammad Iranmanesh, Esq. appeared for

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Defendants. Plaintiff pro se did not appear due to technical difficulties.

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The Court finds that Plaintiff’s motion is well-taken. The parties agreed at the

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original settlement conference that defense counsel would, as a material term of the settlement

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agreement, provide Plaintiff with a list containing contact information (i.e., first initial, last name,

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phone number, and mailing address) for various prison officials. A review of the list provided to

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Plaintiff, which defense counsel has attached to its response to Plaintiff’s pending motion, does
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not appear to be complete and, as such, does not satisfy the agreement of the parties reached at

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the settlement conference and placed on the record on February 6, 2024. Defendants shall

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supplement the list previously provided to Plaintiff by identifying the contact information

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specified above for the warden, deputy warden, chief of mental health, and other personnel at

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Mule Creek State Prison. This supplemental list shall be provided to Plaintiff on or before May

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20, 2024.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

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No. 35, is GRANTED.

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2.

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Defense counsel shall provide Plaintiff a supplemental list, as described

more fully above, on or before May 20, 2024.

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Plaintiff’s motion to enforce the settlement agreement in this case, ECF

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Dispositional documents shall be filed with the Court on or before June 10,

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The Court continues to retain jurisdiction to enforce the settlement

2024.

agreement reached on February 6, 2024.

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Dated: May 9, 2024

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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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