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Lipsey v. Davey, 1:17-cv-01706-DAD-SAB (PC). (2020)

Court: District Court, E.D. California Number: infdco20200320631 Visitors: 10
Filed: Mar. 19, 2020
Latest Update: Mar. 19, 2020
Summary: ORDER REQUIRING DEFENDANT RANDOLPH TO RESPOND TO PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT (ECF No. 56) BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff Christopher Lipsey, Jr. ("Plaintiff") is a state prisoner who proceeded pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. On July 12, 2019, a settlement conference was held before the undersigned. The terms and conditions of the settlement agreement were placed on the record and the Cou
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ORDER REQUIRING DEFENDANT RANDOLPH TO RESPOND TO PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT

(ECF No. 56)

Plaintiff Christopher Lipsey, Jr. ("Plaintiff") is a state prisoner who proceeded pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

On July 12, 2019, a settlement conference was held before the undersigned. The terms and conditions of the settlement agreement were placed on the record and the Court retained jurisdiction to enforce the settlement. (ECF No. 49.)

On July 24, 2019, the parties filed a stipulation to dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), (ECF No. 51), and the action was terminated by operation of law, (ECF No. 52).

Currently before the Court is Plaintiff's "Motion for Civil or Economic Penalties/Fines for Breach of Contract/Settlement or Equitable Relief," filed March 18, 2020. (ECF No. 56.) In his motion, Plaintiff states that as of March 9, 2020, he has not received payment pursuant to the settlement agreement, and therefore seeks an order for Defendant to pay Plaintiff the agreed upon amount, as well as additional relief such as default judgment and/or additional monetary sanctions. (Id.) The Court construes Plaintiff's motion as a motion to enforce the settlement agreement.

The Court finds it appropriate to obtain a response from Defendant Randolph regarding the motion. Accordingly, Defendant Randolph shall file a response to Plaintiff's motion, (ECF No. 56), within twenty-one (21) days from the date of this order. Plaintiff's reply, if any, is due within seven (7) days from the date of service of Defendant Randolph's response.

IT IS SO ORDERED.

Source:  Leagle

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