Larson v. Cate et al

Filing 62

ORDER LIFTING STAY; DIRECTING DEFENDANTS TO RESPOND. Signed by Judge Lucy H. Koh on 8/11/14. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 8/12/2014)

1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
11

RICHARD TERRY LARSON,

12

Plaintiff,
v.

13
14
15

M. CREAMER-TODD, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

No. C 12-3773 LHK (PR)
ORDER LIFTING STAY;
DIRECTING DEFENDANTS TO
RESPOND

16
17

Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42

18

U.S.C. § 1983 alleging that prison officials at Central Training Facility in Soledad retaliated

19

against him, in violation of the First Amendment. Defendants filed a motion for summary

20

judgment. On February 25, 2014, the court denied defendants’ motion for summary judgment

21

and referred this matter to Magistrate Judge Vadas for settlement proceedings. On July 14,

22

2014, Judge Vadas issued a minute order indicating that a settlement conference was held, and

23

the matter had been settled in full. (Docket No. 60.) As the settlement proceedings are over, the

24

court hereby LIFTS the stay and RE-OPENS this case.

25

On July 30, 2014, plaintiff filed a motion to vacate the settlement and stipulation for

26

dismissal agreement. In the motion, plaintiff alleges that, due to his pro se status and naivete,

27

plaintiff was coerced into signing the settlement documents. Defendants are directed to respond

28

to plaintiff’s motion within twenty-eight days of the filing date of this order. Plaintiff shall file a
Order Lifting Stay; Directing Defendants to Respond
P:\PRO-SE\LHK\CR.12\Larson773mtnvacatesett.wpd

1

reply within fourteen days thereafter.

2

IT IS SO ORDERED.

3
4

8/11/14
DATED: _________________
LUCY H. KOH
United States District Judge

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order Lifting Stay; Directing Defendants to Respond
P:\PRO-SE\LHK\CR.12\Larson773mtnvacatesett.wpd

2