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MANRIQUEZ v. HUTCHINS, 1:09-cv-0456 BAM P. (2014)

Court: District Court, E.D. California Number: infdco20140911720 Visitors: 22
Filed: Sep. 10, 2014
Latest Update: Sep. 10, 2014
Summary: ORDER KENDALL J. NEWMAN, Magistrate Judge. Plaintiff is a state prisoner proceeding without counsel. On July 24, 2014, the parties were directed to file status reports concerning completion of the settlement herein. On August 22, 2014, defendants filed a status report, and on August 28, 2014, filed an amended status report. On September 5, 2014, plaintiff filed objections to defendants' status report. Plaintiff's objections are well taken. This case settled on March 31, 2014. The delay in res
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ORDER

KENDALL J. NEWMAN, Magistrate Judge.

Plaintiff is a state prisoner proceeding without counsel. On July 24, 2014, the parties were directed to file status reports concerning completion of the settlement herein. On August 22, 2014, defendants filed a status report, and on August 28, 2014, filed an amended status report. On September 5, 2014, plaintiff filed objections to defendants' status report.

Plaintiff's objections are well taken. This case settled on March 31, 2014. The delay in resolving settlement of this case is unusual, and defendants' recent status report claims that the settlement package "will now be sent from CDCR" and "once the settlement package leaves CDCR's hands," but fails to provide a date certain by which the package was sent. (ECF No. 370 at 1.) If the package has not yet been sent, counsel should consider hand delivery.

That said, as counsel notes, once the settlement package leaves the CDCR, the CDCR does not control the progression of the review process which leaves to the issuance of the settlement check.

However, due to the delay herein, counsel for defendants is ordered to take whatever steps possible to ensure prompt resolution and payment of the settlement herein. Counsel shall file, within thirty days, a status report setting forth what steps were taken to expedite resolution of this settlement. No response by plaintiff is required. While the court will not direct that plaintiff be paid the settlement proceeds on or before October 1, 2014, the court does not anticipate that it will take another five months to resolve this matter, and expects that defense counsel will monitor and encourage the prompt processing and payment of the settlement proceeds from this point forward.

Accordingly, IT IS HEREBY ORDERED that within thirty days from the date of this order, defendants shall file a status report as set forth above.

Source:  Leagle

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