ROBERTS v. McDONALD, 2:11-cv-00474-MCE-DAD P. (2015)
Court: District Court, E.D. California
Number: infdco20150518672
Visitors: 12
Filed: May 13, 2015
Latest Update: May 13, 2015
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . This is a prisoner civil rights action that Plaintiff and Defendants voluntarily dismissed pursuant to a settlement agreement in September 2014. Plaintiff has since filed two motions seeking enforcement of the settlement agreement. ECF Nos. 97, 99. 1 Plaintiff claims that he settled this case for $4,150.00 and another case ( Roberts v. CDCR, 2:12-cv-0247-KJM-AC (PC)) for $1,000.00. Plaintiff states in his motions that he has thus fa
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . This is a prisoner civil rights action that Plaintiff and Defendants voluntarily dismissed pursuant to a settlement agreement in September 2014. Plaintiff has since filed two motions seeking enforcement of the settlement agreement. ECF Nos. 97, 99. 1 Plaintiff claims that he settled this case for $4,150.00 and another case ( Roberts v. CDCR, 2:12-cv-0247-KJM-AC (PC)) for $1,000.00. Plaintiff states in his motions that he has thus far..
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ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
This is a prisoner civil rights action that Plaintiff and Defendants voluntarily dismissed pursuant to a settlement agreement in September 2014. Plaintiff has since filed two motions seeking enforcement of the settlement agreement. ECF Nos. 97, 99.1
Plaintiff claims that he settled this case for $4,150.00 and another case (Roberts v. CDCR, 2:12-cv-0247-KJM-AC (PC)) for $1,000.00. Plaintiff states in his motions that he has thus far received only $257.50 (and $150 of that amount went towards payment of his only restitution fine). Plaintiff seeks payment of the remaining $4,892.50 owed to him under the settlement agreement. Defendants have not responded to Plaintiff's allegations.
Defendants are hereby ORDERED to file a response to Plaintiff's allegation that they have not paid the remaining $4,892.50 owed to Plaintiff under the settlement agreement. Defendants' response is due ten (10) days from the date this order is electronically filed.
IT IS SO ORDERED.
FootNotes
1. Although Plaintiff labels his filings as motions to re-open this case, the substance of the motions indicates that he actually seeks enforcement of his settlement agreement. See, e.g., Pl.'s Mot. at 2 ("plaintiff seeks to re-open this case to [e]nforce payment of the settlement agreements"). Cf. Fed. Rules Civ. P. 59 and 60.
Source: Leagle
