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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 ANTHONY REED JONES, Plaintiff, United States District Court Northern District of California 12 13 ORDER DENYING MOTION TO SET NEW SETTLEMENT CONFERENCE Defendant. 10 11 Case No.15-cv-02022-JSC Re: Dkt. No. 51 v. M. DARDEN, 14 Plaintiff is a California prisoner proceeding pro se. After Defendant’s motion for summary 15 judgment was denied, the Court referred the case to Magistrate Judge Nandor Vadas for settlement 16 proceedings. (ECF Nos. 34, 43.) Judge Vadas set a video settlement conference for June 21, 17 2017. (ECF No. 47.) Before the conference, Defendant notified the Court that the parties reached 18 a settlement agreement on their own. (ECF No. 48.) The conference was vacated and the 19 undersigned issued a conditional order of dismissal on June 13, 2017, providing that if any party 20 certifies to the Court within sixty days that the agreed upon consideration for the settlement has 21 not been delivered over, the dismissal order would be vacated. (ECF No. 50.) 22 On June 21, 2017, Plaintiff’s motion for a new settlement conference was filed, stating that 23 he regretted agreeing to the settlement amount of $25,000 and wanted more money. (ECF No. 24 51.) That motion was signed by Plaintiff on June 5, 2017. (Id.) Defendant has indicated that she 25 has since received --- on June 16, 2017 --- the executed the settlement agreement and release of 26 liability from Plaintiff. (ECF No. 52.) Plaintiff does not contradict this statement. As it appears 27 that Plaintiff executed the settlement agreement after writing his motion, it would also appear that 28 Plaintiff has changed his mind again and is satisfied with the settlement agreement. Absent an 1 indication to the contrary, it appears that this matter is settled, and there is no need for a new 2 settlement conference or alteration of the conditional dismissal order. 3 4 IT IS SO ORDERED. Dated: August 2, 2017 5 6 JACQUELINE SCOTT CORLEY United States Magistrate Judge 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 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANTHONY REED JONES, Case No. 15-cv-02022-JSC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 M. DARDEN, Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 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. 18 19 20 Anthony Reed Jones ID: D56853 Caifornia State Prison P.O. Box 689 Soledad, CA 93960-0683 21 22 23 Dated: August 2, 2017 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Ada Means, Deputy Clerk to the Honorable JACQUELINE SCOTT CORLEY 3

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