McRee v. Goldman et al

Filing 152

ORDER by Judge Maria-Elena James denying 149 Motion for further mediation (cdnS, COURT STAFF) (Filed on 5/28/2013) (Additional attachment(s) added on 5/28/2013: # 1 Certificate/Proof of Service) (cdnS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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Northern District of California

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RICHARD MCREE,

No. C 11-991 EDL (MEJ)
Plaintiff,

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v.
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RICHARD N. GOLDMAN ESTATE, et al.,

ORDER DENYING PLAINTIFF’S
NOTICE AND APPEAL TO COURT
FOR FURTHER MEDIATION
(Docket No. 149)

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Defendants.
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For the Northern District of California

UNITED STATES DISTRICT COURT

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Pending before the Court is Plaintiff Richard McRee’s Notice and Appeal to Court for Further

13 Mediation, filed on May 9, 2013. Dkt. No. 149. This matter was settled on October 3, 2012, during a
14 settlement conference presided over by Chief Magistrate Judge Elizabeth Laporte and the
15 undersigned. Dkt. No. 135. Pursuant to Mr. McRee’s request, the settlement was memorialized in a
16 written agreement. This written agreement was first provided to Mr. McRee on December 5, 2012.
17 Mr. McRee objected to certain of its terms and a further settlement conference with the undersigned
18 was held on February 27, 2013. Dkt. No. 147. The written agreement was modified during this
19 further settlement conference to address Mr. McRee’s concerns and Mr. McRee subsequently signed
20 it. Dkt. No. 151, Ex. A.
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Upon review of Plaintiff’s Notice and Defendant City and County of San Francisco’s

22 response, the Court finds that San Francisco has complied with its obligations to Mr. McRee under
23 the settlement. There is no basis to revisit the settlement terms or conduct any further mediation
24 proceedings about these matters. Accordingly, Plaintiff’s request is DENIED.
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IT IS SO ORDERED.

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27 Dated: May 28, 2013
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_______________________________
Maria-Elena James
United States Magistrate Judge