Golden v. California Emergency Physicians Medical Group et al

Filing 47

ORDER. Signed by Magistrate Judge Donna M. Ryu on 6/6/2011. (dmrlc2, COURT STAFF) (Filed on 6/6/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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DONALD GOLDEN, M.D.,

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Plaintiff(s),

No. C-10-00437 JSW (DMR)
ORDER

v.
CALIFORNIA EMERGENCY PHYSICIANS
MEDICAL GROUP,

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Defendant(s).
___________________________________/

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Currently pending before this Court is the question of the enforceability of a settlement
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agreement, the terms of which were set forth in open court on March 22, 2011. [Docket No. 33].
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Defendants seek an order compelling Plaintiff to sign a written settlement agreement that
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Defendants contend is consistent with the oral agreement announced in open court. [Docket No.
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38]. The Court now orders Defendants to file the proposed written settlement agreement with the
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Court no later than June 8, 2011. Since the terms of the settlement are confidential, Defendants
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shall file the agreement under seal. Defendants are also ordered to serve the agreement directly on
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Plaintiff Donald Golden, as well as plaintiff's counsel, Mitchell Green.
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On May 16, 2011, this Court ordered that Plaintiff serve a complete set of his papers arguing
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against enforcement of the settlement that Plaintiff had hand-delivered to the Court on May 13,
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2011. [Docket No. 40]. The Court is now in receipt of a June 1, 2011 letter from defense counsel
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Mark Delgado stating that, despite the May 16, 2011 Order, Plaintiff has yet to serve his materials

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on Defendants. Plaintiff Golden is hereby ordered to serve the materials on Defendants

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immediately. The materials shall be served by mail on Mark Delgado, Esq., Fitzgerald Abbott

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& Beardsley, LLP, 1221 Broadway, 21st Floor, Oakland, CA 94612, and shall be postmarked

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no later than June 10, 2011. Plaintiff must file a proof of service with the court. Failure to

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comply with this Order may result in sanctions.

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RN

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For the Northern District of California

. Ryu

onna M
Judge D

DONNA M. RYU
United States Magistrate Judge
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United States District Court

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Dated: June 6, 2011

NO

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DERED

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IT IS S

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IT IS SO ORDERED.

UNIT
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