Ndulue

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 CHUKWUEMEKA NDULUE, Case No. 2:14-cv-00735-KJM-EFB Plaintiff, v. ORDER FREMONT-RIDEOUT HEALTH

GROUP,

14 Defendant. 15 After the court granted defendant’s motion for summary judgment in full and entered judgment in its favor, plaintiff appealed. ECF Nos. 69−70 (summary judgment order & judgment), 72 (notice of appeal). The Ninth Circuit affirmed this court’s order as to all claims except the breach of contract claim, for which it held: Ndulue’s evidence creates a genuine issue of material fact whether Rideout failed to make reasonable efforts to comply with the settlement agreement, and questions of reasonableness are best left to a jury. Here, the evidence was not so one-sided as to compel a finding that as a matter of law, Rideout had complied with the settlement agreement. 23 ECF No. 79 at 6. Accordingly, as to plaintiff’s claim of breach of the settlement contract, the panel reversed and…