Turner v. Tierney

Filing 89

ORDER DENYING MOTION TO MODIFY SETTLEMENT AGREEMENT AND MOTION TO VACATE JANUARY 3, 2014 ORDER The motions are denied as untimely. Signed by Judge Maxine M. Chesney on November 17, 2014. (mmclc2, COURT STAFF) (Filed on 11/17/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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STEPHEN B. TURNER,
Plaintiff,

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No. C 12-6231 MMC
ORDER DENYING MOTION TO MODIFY
SETTLEMENT AGREEMENT AND
MOTION TO VACATE JANUARY 3, 2014
ORDER

v.
DUSTIN TIERNEY,
Defendant.
/

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Before the Court are two motions, “Motion to Modify Settlement Agreement” and
“Request to Vacate the January 3, 2014 Order of Dismissal as Settlement Has Not
Executed,” both filed October 20, 2014, by plaintiff Stephen B. Turner. Defendant Dustin
Tierney has filed opposition, to which plaintiff has replied. Having read and considered the
papers filed in support of and in opposition to the motions, the Court finds the matters
appropriate for decision on the parties’ respective written submissions, VACATES the
hearing scheduled for December 5, 2014, and rules as follows.
By order filed January 3, 2014, in light of the parties’ having reached a settlement
and having placed said settlement on the record, the Court dismissed plaintiff’s claims
without prejudice and further provided therein that such dismissal would be vacated and the
action restored to the calendar should any party, within 180 days, certify that the
consideration for the settlement had not been delivered. The above-referenced motions

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were filed more than nine months after the Court entered its order of dismissal.

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Accordingly, the motions are hereby DENIED as untimely.

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IT IS SO ORDERED.

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Dated: November 17, 2014
MAXINE M. CHESNEY
United States District Judge

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