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.)
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?