Crayton v. Hedgpeth et al

Filing 281

STIPULATION and ORDER signed by District Judge William Haskell Alsup on 1/14/2014. (Filing Deadline set for 1/27/2014 to file final settlement papers with the Court).(Lundstrom, T)

Case 1:08-cv-00621-WHA Document 280 Filed 01/13/14 Page 1 of 3
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Jeffrey L. Bornstein – 99358
[e-mail]
Claudia A. Quiroz – 254419
[e-mail]
K&L GATES LLP
4 Embarcadero Center, Suite 1200
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
TIMOTHY CRAYTON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
TIMOTHY CRAYTON

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Mr. Crayton,

Case No.

C 08-00621 WHA (NJV) (PR)

STIPULATION AND [PROPOSED]
ORDER MODIFYING UPCOMING DATES

vs.
A. HEDGPETH; K. HARRINGTON; and L.
WOOD

Judge:
Hon. William H. Alsup
Courtroom: 8

Defendants.

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STIPULATION AND [PROPOSED] ORDER MODIFYING UPCOMING DATES; C 08-00621
WHA (NJV)
SF-299374 v1

Case 1:08-cv-00621-WHA Document 280 Filed 01/13/14 Page 2 of 3
On December 27, 2013, the parties attended a settlement conference before Magistrate Judge

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Vadas and agreed to a settlement of this case. At that time, Plaintiff Timothy Crayton (“Mr.

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Crayton”) was informed that CDCR normally takes approximately 180 days from the time final

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settlement papers are signed before settlement funds are dispersed. For this reason, the parties asked

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this Court to vacate all hearing dates and to hold the case in abeyance until the settlement funds were

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paid.
Defendants prepared Settlement and Release papers that were received and approved by Mr.

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Crayton’s counsel and sent to Mr. Crayton. Mr. Crayton has advised that he is concerned that the

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Release papers could be interpreted to cover additional actions other than those in his First Amended

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Complaint. He asked that we clarify the settlement papers to make it clear that he is dismissing with

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prejudice his First Amended Complaint, including the RICO Counts, but that his release does not

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cover or extend to other pending (and contemplated litigation) to include efforts he is making to

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overturn his underlying conviction through a Habeas Petition or to enforce other judgments he has

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obtained from other courts. He also continues to seek access to an ADA typewriter for his legal

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efforts.

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The parties have amended the “Recitals” paragraph to make it clear that the release in this

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case that “. . . This Agreement covers all of the claims and allegations in the Complaint against

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Defendants and any past or current employees of CDCR based on the allegations in the Complaint. It

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does not cover other pending litigation, including but not limited to, Plaintiff’s Habeas Petition.”

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Therefore, for good cause shown, the parties request that the Court give us until January 27,
2014 to file final settlement papers with the Court.
IT IS SO STIPULATED.

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Respectfully submitted,

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K&L GATES LLP

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Dated: January 13, 2013

By:

/s/ Jeffrey L. Bornstein
Jeffrey L. Bornstein
Claudia A. Quiroz
Attorneys for Plaintiff
TIMOTHY CRAYTON

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STIPULATION AND [PROPOSED] ORDER MODIFYING UPCOMING DATES; C 08-00621
WHA (NJV)

Case 1:08-cv-00621-WHA Document 280 Filed 01/13/14 Page 3 of 3
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ATTORNEY GENERAL OF CALIFORNIA
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Dated: January 13, 2013

By:

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/s/ Elliott T. Seals
Elliott T. Seals
Deputy Attorney General
Attorneys for Defendants
A. HEDGPETH, K. HARRINGTON, and
L. WOOD

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ECF ATTESTATION

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I, Jeffrey L. Bornstein, attest that concurrence in e-filing this STIPULATION AND
[PROPOSED] ORDER MODIFYING UPCOMING DATES has been obtained from signatory Elliott
T. Seals, in compliance with General Order 45, X.B.

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Dated: January 13, 2010

By:

/s/ Jeffrey L. Bornstein
Jeffrey L. Bornstein

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IT IS SO ORDERED.

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am Alsu

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Judge W

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D

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A William H. Alsup
HonorableP
United States District Court Judge

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By:

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Dated: January ___, 2014

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that the parties shall have until January 27, 2014 to file final settlement papers with the Court.

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Based on the stipulation of the parties and for good cause shown, IT IS HEREBY ORDERED

UNIT
ED

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[PROPOSED] ORDER

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F
D IS T IC T O
R

C

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STIPULATION AND [PROPOSED] ORDER MODIFYING UPCOMING DATES; C 08-00621
WHA (NJV)