Hawthorne v. Ayers et al

Filing 104

ORDER VACATING PRETRIAL CONFERENCE AND TRIAL DATES re 103 Notice (Other) filed by S. Robinson, A. Cota, J. Pickett, D. Lee, R. Cruz, T. Holt, R. W. Fox. Signed by Judge Alsup on May 10, 2012. (whalc2, COURT STAFF) (Filed on 5/10/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CARLOS A. HAWTHORNE, II,

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For the Northern District of California

United States District Court

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No. C 08-01473 WHA

Plaintiff,
v.

ORDER VACATING PRETRIAL
CONFERENCE AND TRIAL DATES

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R. AYERS, JR; A. COTA; R.W. FOX; J.
PICKETT; D. LEE; T. HOLT; S.
ROBINSON; R. CRUZ,

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Defendants.
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The Court is in receipt of the signed settlement agreement resolving this action. Pursuant

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to the settlement agreement, defendants will make certain direct and restitution payments to

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plaintiff and on his behalf within 180 days of the signing of the settlement agreement. Plaintiff

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signed the settlement agreement on April 9, 2012, and defendants’ attorney and the acting

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warden at San Quentin State Prison for California Department of Corrections and Rehabilitation

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signed on April 20, 2012. Defendants will file a voluntary dismissal pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(A)(ii) once plaintiff’s attorney provides written confirmation that the

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settlement payments have been received.

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Defendants shall submit a status update by NOON ON NOVEMBER 1, if a notice of

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dismissal has not been filed at that time. The pretrial conference set for May 14, 2012, and the

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trial set for May 21, 2012 are hereby VACATED.

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IT IS SO ORDERED.

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Dated: May 10, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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