Crossley v. Niazi et al

Filing 113

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/05/17 ORDERING that the deadline to file dispositional documents is EXTENDED to 10/20/17. (Benson, A.)

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JAMES E. HOUPT (State Bar No. 187878)
[e-mail]
RACHEL J. MUOIO (State Bar No. 278371)
[e-mail]
MICHAEL C. WOOD (State Bar No. 292683)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814-4497
Telephone: [phone]
Facsimile:
916-329-4900
STEPHANIE ALBRECHT (State Bar No. 281474)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
777 South Figueroa Street, Suite 3200
Los Angeles, California 90017-5855
Telephone: [phone]
Facsimile:
213-612-2499

JAMES W. WALTER (State Bar No. 173481)
[e-mail]
Deputy Attorney General
OFFICE OF THE ATTORNEY GENERAL
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile:
916-322-8288
Attorneys for Defendants Abraham Niazi,
R.N.; Dr. Richard Parnell Galloway; California
Department of Corrections and Rehabilitation –
General

Attorneys for Plaintiff
Lamont Crossley

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMONT CROSSLEY,

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Plaintiff,
v.
ABE NIAZI, et al.,

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Defendants.

Case No. 2:12-cv-02180-TLN-CKD
SECOND STIPULATION AND ORDER
TO EXTEND DEADLINE TO FILE
DISPOSITIONAL DOCUMENTS
Settlement Conference: August 8, 2017
Status Conference: September 28, 2017
Dispositional Deadline: October 6, 2017

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OHSUSA:767454069.2

STIPULATION AND [PROPOSED] ORDER
2:12-CV-02180-TLN-CKD

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Plaintiff Lamont Crossley (“Plaintiff”) and Defendants Abraham Niazi, R.N. and Dr.

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Richard P. Galloway (“Defendants”) (collectively, the “Parties”) hereby stipulate and respectfully

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request that the Court extend the deadline for the Parties to file dispositional documents based on

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the following facts and circumstances:

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WHEREAS, on April 10, 2017, the Court issued an order setting a settlement conference
before Judge Newman on August 8, 2017 (ECF No. 100);
WHEREAS, on August 8, 2017, the Parties reached a settlement, the terms and conditions
of which were stated on the record by the Court (see ECF Nos. 106, 110);
WHEREAS, on August 8, 2017, the Court ordered that dispositional documents be filed
within 30 days (ECF No. 106);
WHEREAS, on September 8, 2017, at the Parties’ request, the Court extended the

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deadline to file dispositional documents to October 6, 2017, and set an Informal Telephonic

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Status Conference Re: Settlement for September 28, 2017 (ECF No. 109; see ECF No. 108);

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WHEREAS, on September 28, 2017, the Parties participated in an Informal Telephonic
Status Conference Re: Settlement Conference (see ECF No. 111);
WHEREAS, on September 28, 2017, following the Informal Telephonic Status

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Conference Re: Settlement Conference, counsel for Plaintiff sent counsel for Defendants a

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revised proposed written settlement agreement;

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WHEREAS, on September 28, 2017, following the Informal Telephonic Status

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Conference Re: Settlement Conference, counsel for Defendants sent counsel for Plaintiff a draft

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joint stipulation of substitution to add the California Department of Corrections and

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Rehabilitation (“CDCR”) as a defendant in place of Defendants;

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WHEREAS, on October 2, 2017, counsel for Plaintiff sent counsel for Defendants a

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revised draft joint stipulation of substitution to add the CDCR as a defendant in place of

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Defendants;

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WHEREAS, counsel for Defendants is waiting for client approval with respect to the

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September 28, 2017 revised proposed written settlement agreement and the October 2, 2017

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revised draft joint stipulation of substitution;
OHSUSA:767454069.2

STIPULATION AND [PROPOSED] ORDER
2:12-CV-02180-TLN-CKD

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WHEREAS, counsel for Plaintiff must have adequate time to correspond with Plaintiff

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regarding settlement and disposition of this matter following the September 28, 2017 Informal

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Telephonic Status Conference Re: Settlement Conference and subsequent exchanges of

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documents with counsel for Defendants, and Plaintiff must have an opportunity to review and

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execute the final, agreed upon settlement agreement;

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WHEREAS, the Parties and CDCR intend to remain bound by the agreement reached on
August 8, 2017 and desire to memorialize that agreement in writing as soon as possible;
WHEREAS, the Parties and CDCR intend to file the joint stipulation of substitution
adding CDCR as a party in place of Defendants prior to executing the written settlement
agreement between Plaintiff and CDCR and filing a joint stipulation of dismissal;

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WHEREAS, the Parties believe that an extension of fourteen (14) days to Friday,

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October 20, 2017, to file dispositional documents is reasonable in light of the Parties’ exchanges

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of documents following the September 28, 2017 Informal Telephonic Status Conference Re:

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Settlement Conference.

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendants,

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by and through their respective undersigned counsel, that the deadline for filing of dispositional

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documents shall be extended fourteen (14) days to Friday, October 20, 2017.

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OHSUSA:767454069.2

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STIPULATION AND [PROPOSED] ORDER
2:12-CV-02180-TLN-CKD

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Dated: October 5, 2017

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JAMES E. HOUPT
STEPHANIE ALBRECHT
RACHEL J. MUOIO
MICHAEL C. WOOD
Orrick, Herrington & Sutcliffe LLP

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By:

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Dated: October 5, 2017

/s/ Michael C. Wood
MICHAEL C. WOOD
Attorneys for Plaintiff
Lamont Crossley

JAMES W. WALTER
Office of the Attorney General

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By: /s/ James W. Walter (authorized 10-5-17)
JAMES W. WALTER
Attorneys for Defendants
Abraham Niazi, R.N.;
Dr. Richard Parnell Galloway; California
Department of Corrections and
Rehabilitation – General

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OHSUSA:767454069.2

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STIPULATION AND [PROPOSED] ORDER
2:12-CV-02180-TLN-CKD

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IT IS SO ORDERED. Good cause appearing, and pursuant to the joint stipulation of the

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Parties, the deadline to file dispositional documents is extended fourteen days to Friday, October

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20, 2017.

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Dated: October 5, 2017

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OHSUSA:767454069.2

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STIPULATION AND [PROPOSED] ORDER
2:12-CV-02180-TLN-CKD