Jones v. Darden

Filing 53

ORDER by Magistrate Judge Jacqueline Scott Corley denying 51 Motion for Settlement. (ahm, COURT STAFF) (Filed on 8/2/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY REED JONES,
Plaintiff,

United States District Court
Northern District of California

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ORDER DENYING MOTION TO
SET NEW SETTLEMENT
CONFERENCE

Defendant.

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Case No.15-cv-02022-JSC

Re: Dkt. No. 51

v.
M. DARDEN,

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Plaintiff is a California prisoner proceeding pro se. After Defendant’s motion for summary

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judgment was denied, the Court referred the case to Magistrate Judge Nandor Vadas for settlement

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proceedings. (ECF Nos. 34, 43.) Judge Vadas set a video settlement conference for June 21,

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2017. (ECF No. 47.) Before the conference, Defendant notified the Court that the parties reached

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a settlement agreement on their own. (ECF No. 48.) The conference was vacated and the

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undersigned issued a conditional order of dismissal on June 13, 2017, providing that if any party

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certifies to the Court within sixty days that the agreed upon consideration for the settlement has

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not been delivered over, the dismissal order would be vacated. (ECF No. 50.)

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On June 21, 2017, Plaintiff’s motion for a new settlement conference was filed, stating that

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he regretted agreeing to the settlement amount of $25,000 and wanted more money. (ECF No.

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51.) That motion was signed by Plaintiff on June 5, 2017. (Id.) Defendant has indicated that she

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has since received --- on June 16, 2017 --- the executed the settlement agreement and release of

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liability from Plaintiff. (ECF No. 52.) Plaintiff does not contradict this statement. As it appears

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that Plaintiff executed the settlement agreement after writing his motion, it would also appear that

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Plaintiff has changed his mind again and is satisfied with the settlement agreement. Absent an

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indication to the contrary, it appears that this matter is settled, and there is no need for a new

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settlement conference or alteration of the conditional dismissal order.

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IT IS SO ORDERED.
Dated: August 2, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY REED JONES,

Case No. 15-cv-02022-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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M. DARDEN,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on August 2, 2017, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Anthony Reed Jones ID: D56853
Caifornia State Prison
P.O. Box 689
Soledad, CA 93960-0683

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Dated: August 2, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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