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Delaney v. Tilton

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


March 13, 2010

ISHMAEL DELANEY PLAINTIFF,
v.
JAMES E. TILTON, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS; JAMES A. YATES, WARDEN, PLEASANT VALLEY STATE PRISON; ANGEL RAMIREZ, JR., AN INDIVIDUAL AND DOES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Sandra M. Snyder

STIPULATED SETTLEMENT AND ORDER

Date Action Filed: August 21, 2007

STIPULATION

WHEREAS, on October 8, 2009, in open court, defendant Angel Ramirez Jr. (RAMIREZ) and Plaintiff Ishmael Delaney (DELANEY) (hereinafter, the PARTIES) agreed that DELANEY would dismiss this case against RAMIREZ in exchange for a $5000 payment on or before November 8, 2009; and a $250 per month garnishment of RAMIREZ's retirement pay for a period 6 of 120 months; and

WHEREAS, California Government Code section 21255 prohibits garnishments of the type to which the parties agreed; and

WHEREAS, the PARTIES wish to stipulate to an alternate arrangement by which RAMIREZ can make $250 per month payments to DELANEY for a period of 120 months;

NOW THEREFORE, the PARTIES stipulate and agree that:

1. The $5000 payment due from RAMIREZ to DELANEY on or before November 8, 2009, has been fully satisfied.

2. RAMIREZ, or his estate, or successor in interest, will pay DELANEY $250 per 15 month on or before the 7th of each month for a period of 120 months beginning in January of 2010.

This payment will be made by electronic transfer directly into an account as designated by Plaintiff's counsel.

3. DELANEY will dismiss this case with prejudice against RAMIREZ in exchange for the above.

4. Should DELANEY need to return to court to enforce the terms of this settlement, RAMIREZ understands that he, or his estate or his successor in interest, will be responsible for paying all court costs as well as any attorneys' fees incurred by DELANEY. RAMIREZ further understands that failure to make payments completely and on time could result in a contempt citation.

ORDER

IT IS SO ORDERED.

Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

20100313

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