Narog v. City of Redwood City et al

Filing 118

ORDER. Signed by Magistrate Judge Donna M. Ryu on 04/07/15. (dmrlc2, COURT STAFF) (Filed on 4/7/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CORY NAROG, Case No. 13-cv-03237-DMR Plaintiff, 8 v. ORDER 9 10 CITY OF REDWOOD CITY, et al., Defendants. United States District Court Northern District of California 11 12 13 The parties have attended three settlement conferences before Judge Beeler. The first 14 settlement conference, held on December 8, 2014, lasted seven hours and thirty minutes. See 15 Docket No. 88. The second settlement conference, held on February 6, 2015, lasted five hours. 16 See Docket No. 98. The parties attended a third settlement conference before Judge Beeler on 17 March 31, 2015, during which the case settled. See Docket No. 115. The settlement conference 18 was attended by all parties and counsel. It lasted five hours. At the conclusion, the parties 19 indicated that they reached a full settlement and submitted a stipulated dismissal with prejudice, 20 which this court signed. Docket Nos. 113, 114. All parties signed the settlement agreement. 21 Plaintiff has now filed an “Opposition,” stating that Plaintiff “disput[es] the settlement 22 conference” because he was “intimidated and coerced into signing a [settlement] against his best 23 interest,” “unable to make any decisions because of the medications and disabilities [he] was 24 enduring at the time,” and “prevented from consulting with another person for advice and . . . 25 denied additional time to review the documents and terms.” Docket No. 116. 26 Prior to the settlement conference, on March 20, 2015, this court conducted an ex parte 27 hearing on a motion by Plaintiff’s counsel to withdraw from this case. Plaintiff and his counsel, 28 but no other parties or counsel, attended the ex parte hearing. Without revealing the contents of 1 tha hearing, ba at ased on repe eated remark by Plaintif this court is convinced that Plaint had full ks ff, tiff 2 con nfidence in his counsel. h 3 Under these circum t mstances, Pla aintiff’s asser rtions that he was pressu ured to sign t the 4 settlement agre eement witho being ab to fully co out ble onsider his o options are u unavailaing. The case 5 has been settled and dismis s d ssed with pre ejudice; a su ubsequent ch hange of min does not a nd alter this 6 out tcome. The case is close ed. 7 8 S RED. IT IS SO ORDER 9 10 United States District Court Northern District of California 11 12 Da ated: April 7, 2015 , ___ __________ ___________ __________ ________ Donna M. Ryu Un nited States M Magistrate J Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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