Quine v. Brown et al

Filing 70

ORDER RE: ENFORCEMENT OF SETTLEMENT AGREEMENT re 68 Letter filed by Rodney James Quine. Signed by Judge Jon S. Tigar on May 24, 2016. (wsn, COURT STAFF) (Filed on 5/24/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RODNEY JAMES QUINE, Case No. 14-cv-02726-JST Plaintiff, 8 v. ORDER RE: ENFORCEMENT OF SETTLEMENT AGREEMENT 9 10 JEFFREY BEARD, et al., Re: ECF No. 68 Defendants. United States District Court Northern District of California 11 As ordered, the parties have filed a joint letter brief setting forth their dispute regarding 12 13 enforcement of their settlement agreement, which was raised before Magistrate Judge Nandor J. 14 Vadas on May 17, 2016. ECF No. 68. The letter brief identifies two issues: (1) whether the 15 parties’ dispute is properly raised before Magistrate Judge Nandor Vadas, and (2) whether 16 CDCR’s proposed changes to their inmate property policies comply with the terms of the 17 settlement agreement. With respect to the first issue, CDCR’s position ‒ that the Court generally, and Judge 18 19 Vadas specifically, do not have the authority to resolve the parties’ dispute ‒ is without foundation 20 in the record. As stated clearly in the parties’ settlement agreement, “[a]ny disputes between the 21 parties concerning this Agreement shall first be presented to Magistrate Judge Nandor J. Vadas for 22 informal dispute resolution without prejudice to a party’s right to seek formal relief from the 23 Court.” ECF No. 68 at 4. Accordingly, the answer to the parties’ first question is “yes.” It is not necessary for the Court to reach the second issue. That issue is not, or at least not 24 25 yet, before the undersigned. The parties’ settlement agreement requires them first to raise that 26 /// 27 /// 28 /// 1 2 3 4 5 issue with Judge Vadas, which they are directed to do forthwith. IT IS SO ORDERED. Dated: May 24, 2016 ______________________________________ JON S. TIGAR United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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