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.)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 JAMES E. HOUPT (State Bar No. 187878) jhoupt@orrick.com RACHEL J. MUOIO (State Bar No. 278371) rmuoio@orrick.com MICHAEL C. WOOD (State Bar No. 292683) mwood@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 Sacramento, CA 95814-4497 Telephone: 916-447-9200 Facsimile: 916-329-4900 STEPHANIE ALBRECHT (State Bar No. 281474) salbrecht@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 777 South Figueroa Street, Suite 3200 Los Angeles, California 90017-5855 Telephone: 213-629-2020 Facsimile: 213-612-2499 JAMES W. WALTER (State Bar No. 173481) James.Walter@doj.ca.gov Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: 916-324-0244 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 12 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 LAMONT CROSSLEY, 17 18 19 Plaintiff, v. ABE NIAZI, et al., 20 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 21 22 23 24 25 26 27 28 OHSUSA:767454069.2 STIPULATION AND [PROPOSED] ORDER 2:12-CV-02180-TLN-CKD 1 Plaintiff Lamont Crossley (“Plaintiff”) and Defendants Abraham Niazi, R.N. and Dr. 2 Richard P. Galloway (“Defendants”) (collectively, the “Parties”) hereby stipulate and respectfully 3 request that the Court extend the deadline for the Parties to file dispositional documents based on 4 the following facts and circumstances: 5 6 7 8 9 10 11 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 12 deadline to file dispositional documents to October 6, 2017, and set an Informal Telephonic 13 Status Conference Re: Settlement for September 28, 2017 (ECF No. 109; see ECF No. 108); 14 15 16 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 17 Conference Re: Settlement Conference, counsel for Plaintiff sent counsel for Defendants a 18 revised proposed written settlement agreement; 19 WHEREAS, on September 28, 2017, following the Informal Telephonic Status 20 Conference Re: Settlement Conference, counsel for Defendants sent counsel for Plaintiff a draft 21 joint stipulation of substitution to add the California Department of Corrections and 22 Rehabilitation (“CDCR”) as a defendant in place of Defendants; 23 WHEREAS, on October 2, 2017, counsel for Plaintiff sent counsel for Defendants a 24 revised draft joint stipulation of substitution to add the CDCR as a defendant in place of 25 Defendants; 26 WHEREAS, counsel for Defendants is waiting for client approval with respect to the 27 September 28, 2017 revised proposed written settlement agreement and the October 2, 2017 28 revised draft joint stipulation of substitution; OHSUSA:767454069.2 STIPULATION AND [PROPOSED] ORDER 2:12-CV-02180-TLN-CKD 1 WHEREAS, counsel for Plaintiff must have adequate time to correspond with Plaintiff 2 regarding settlement and disposition of this matter following the September 28, 2017 Informal 3 Telephonic Status Conference Re: Settlement Conference and subsequent exchanges of 4 documents with counsel for Defendants, and Plaintiff must have an opportunity to review and 5 execute the final, agreed upon settlement agreement; 6 7 8 9 10 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; 11 WHEREAS, the Parties believe that an extension of fourteen (14) days to Friday, 12 October 20, 2017, to file dispositional documents is reasonable in light of the Parties’ exchanges 13 of documents following the September 28, 2017 Informal Telephonic Status Conference Re: 14 Settlement Conference. 15 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendants, 16 by and through their respective undersigned counsel, that the deadline for filing of dispositional 17 documents shall be extended fourteen (14) days to Friday, October 20, 2017. 18 19 20 21 22 23 24 25 26 27 28 OHSUSA:767454069.2 -2- STIPULATION AND [PROPOSED] ORDER 2:12-CV-02180-TLN-CKD 1 Dated: October 5, 2017 2 3 JAMES E. HOUPT STEPHANIE ALBRECHT RACHEL J. MUOIO MICHAEL C. WOOD Orrick, Herrington & Sutcliffe LLP 4 5 By: 6 7 8 Dated: October 5, 2017 /s/ Michael C. Wood MICHAEL C. WOOD Attorneys for Plaintiff Lamont Crossley JAMES W. WALTER Office of the Attorney General 9 10 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OHSUSA:767454069.2 -3- STIPULATION AND [PROPOSED] ORDER 2:12-CV-02180-TLN-CKD 1 IT IS SO ORDERED. Good cause appearing, and pursuant to the joint stipulation of the 2 Parties, the deadline to file dispositional documents is extended fourteen days to Friday, October 3 20, 2017. 4 5 Dated: October 5, 2017 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OHSUSA:767454069.2 -4- STIPULATION AND [PROPOSED] ORDER 2:12-CV-02180-TLN-CKD

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?