Rushdan v. Hamkar et al

Filing 114

ORDER signed by Chief Judge Morrison C. England, Jr. on 2/22/2016 ORDERING that the Secretary of CDCR, Scott Kernan, is ADDED to this lawsuit as a Defendant. Defendants Ali, Hamkar, and Nangalama are DISMISSED with prejudice. (Zignago, K.)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
CHRISTOPHER J. BECKER, State Bar No. 230529
Supervising Deputy Attorney General
DIANA ESQUIVEL, State Bar No. 202954
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsilime: [phone]
E-mail: [e-mail]
Attorneys for Defendants Ali, Hamkar, and
Nangalama

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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ROBERT STANLEY WOODS aka
SALADIN RUSHDAN ,

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v.
HAMKAR, et al. ,

No. 2:12-cv-00562 MCE-CKD P

STIPULATION FOR VOLUNTARY
Plaintiff, DISMISSAL WITH PREJUDICE OF
DEFENDANTS ALI, HAMKAR AND
NANGALAMA, AND
STIPULATION TO REINSTATE OR
ADD CDCR SECRETARY SCOTT
KERNAN AS A DEFENDANT, AND
Defendants. ORDER

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Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Robert Woods (aka Saladin

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Rushdan) and Defendants Ali, Hamkar, and Nangalama, by and through their counsel of record,

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stipulate to the voluntary dismissal with prejudice of Ali, Hamkar, and Nangalama from this case.

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Under Federal Rule of Civil Procedure 15(a)(2) and 25(d), the parties stipulate to the

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reinstatement or addition of Scott Kernan, Secretary for the California Department of Corrections

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and Rehabilitation (CDCR), as a Defendant. Plaintiff originally sued the “Director” of CDCR in

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his official capacity for purposes of injunctive relief. (See ECF No. 1.) In the first amended

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complaint, Plaintiff specifically named then-Secretary Jeffrey Beard. (ECF No. 65.) Beard was
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Stipulation for Voluntary Dismissal of Defendants and Stipulation to Reinstate CDCR Secretary as a Defendant and
Order (2:12-cv-00562 MCE-CKD)

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sued in his official capacity. (Id.) On September 28, 2015, the Court dismissed all Defendants

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except Ali, Hamkar, and Nangalama. (ECF No. 105.)

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The parties have reached a conditional settlement in this case which calls for the dismissal

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of Ali, Hamkar, and Nangalama before the settlement can be finalized. The parties agree to

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reinstate or add CDCR’s Secretary to effect the settlement. However, Beard retired in December

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2015. The current Secretary is Kernan. Under Rule 25(d), Kernan automatically substitutes as a

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party. Good cause therefore exists to grant this stipulated request.

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Dated: February 19, 2016

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General

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/s/ Diana Esquivel

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DIANA ESQUIVEL
Deputy Attorney General
Attorneys for Defendants

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Dated: February 19, 2016

LAW OFFICES OF DOUGLAS THORN

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/s/ Douglas Thorn

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DOUGLAS THORN
Attorneys for Plaintiff

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ORDER
Based on the parties’ stipulated request, and good cause appearing, the Secretary of CDCR,

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Scott Kernan, is added to this lawsuit as a Defendant. Defendants Ali, Hamkar, and Nangalama

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are dismissed with prejudice from this lawsuit.

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IT IS SO ORDERED.
Dated: February 22, 2016

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Stipulation for Voluntary Dismissal of Defendants and Stipulation to Reinstate CDCR Secretary as a Defendant and
Order (2:12-cv-00562 MCE-CKD)