Jones v. Darden

Filing 56

ORDER by Magistrate Judge Jacqueline Scott Corley denying 54 Motion Re: Settlement. (ahm, COURT STAFF) (Filed on 11/6/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY REED JONES,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No.15-cv-02022-JSC

ORDER DENYING MOTION RE:
SETTLEMENT

M. DARDEN,
Defendant.

Re: Dkt. No. 54

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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 May 2, 2018, Plaintiff filed a motion complaining that he had not received the $25,000

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in settlement funds within 180 days as stipulated in the settlement agreement. (Dkt. No. 54.)

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Defendant has filed a declaration stating that the delay was caused by Plaintiff’s failure to

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complete a form required by the California Department of Corrections and Rehabilitation

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(“CDCR”) until February 2018. (Dkt. No. 55.) Defendant has also indicated that the State

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Controller’s Office issued payment on April 26, 2018, and that it can take a “few weeks” for the

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funds to appear in a prisoner’s trust account. (Id.) Plaintiff does not contradict this statement,

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which explains why Plaintiff had not received the funds when he wrote his motion (on or before

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April 30, 2018, the date of his proof of service). As it appears that Plaintiff has been paid the

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settlement funds, and absent an indication to the contrary, there is no need to reopen this case or to

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alter the conditional dismissal order.

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IT IS SO ORDERED.
Dated: November 6, 2018

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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 November 6, 2018, 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: November 6, 2018

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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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