Opinion
CASE NO. 2:10-cv-01455 MCE-EFB
09-28-2011
DERRICK SAENZ-PAYNE, Plaintiff, v. STATE OF CALIFORNIA; CALIFORNIA DEPARTMENT OF CORRECTIONS; CALIFORNIA CORRECTIONS CENTER; HIGH DESERT STATE PRISON; and DOES 1-10, Inclusive, Defendants.
PAUL L. REIN, Esq. (SBN 43053) CELIA McGUINNESS, Esq. (SBN 159420) CATHERINE M. CABALO, Esq. (SBN 248198) LAW OFFICES OF PAUL L. REIN Attorneys for Plaintiff DERRICK SAENZ-PAYNE KAMALA D. HARRIS, Esq. (SBN 146672) Attorney General of California DAVID A. CARRASCO, Esq. (SBN 160460) Supervising Deputy Attorney General Attorneys for Defendants: High Desert State Prison, Department of Corrections and Rehabilitation, State of California, and California Correctional Center
PAUL L. REIN, Esq. (SBN 43053)
CELIA McGUINNESS, Esq. (SBN 159420)
CATHERINE M. CABALO, Esq. (SBN 248198)
LAW OFFICES OF PAUL L. REIN
Attorneys for Plaintiff
DERRICK SAENZ-PAYNE
KAMALA D. HARRIS, Esq. (SBN 146672)
Attorney General of California
DAVID A. CARRASCO, Esq. (SBN 160460)
Supervising Deputy Attorney General
Attorneys for Defendants: High Desert State Prison,
Department of Corrections and Rehabilitation, State
of California, and California Correctional Center
Civil Rights
STIPULATION TO DISMISS
WITH PREJUDICE BUT TO
RETAIN JURISDICTION OVER
DISPUTES; ORDER
IT IS HEREBY STIPULATED by and between Plaintiff Derrick Saenz-Payne and Defendants High Desert State Prison, Department of Corrections and Rehabilitation, State of California, and California Correctional Center, through their designated counsel, that
(1) After the Court, Magistrate Judge Dale A. Drozd, signs the Settlement Agreement and [Proposed] Order in this case (Docket No. 37), this action be dismissed with prejudice pursuant to FRCP 41(a)(1)(A)(ii); but thatRespectfully submitted,
(2) The Court retains jurisdiction to enforce the terms of the Settlement Agreement and Order, which is incorporated herein by reference.
(3) Any and all disputes over enforcement of the Settlement Agreement and Order shall be heard and resolved by Magistrate Judge Drozd.
LAW OFFICES OF PAUL L. REIN
By CELIA McGUINNESS
Attorneys for Plaintiff
DERRICK SAENZ-PAYNE
KAMALA D. HARRIS
Attorney General of California
By DAVID A. CARRASCO
Supervising Deputy Attorney General
Attorneys for Defendants
High Desert State Prison, Department of
Corrections and Rehabilitation, State of
California, and California Correctional Center
ORDER
Good cause having been shown, and the Court having signed the Settlement Agreement and Order in this matter, the case is hereby dismissed with prejudice, except (1) the Court retains jurisdiction to enforce the terms of the Settlement Agreement and Order, incorporated herein by reference, and (2) any and all disputes over enforcement of the Settlement Agreement and Order shall be heard and resolved by Magistrate Judge Drozd as agreed by the parties.
The Clerk of Court is directed to close the file at this time.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE