Crossley v. Niazi et al

Filing 118

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/19/2017 DISMISSING this action in its entirety with prejudice pursuant to the Parties settlement agreement and Rule 41(a), with the Plaintiff and CDCR each to bear their own attorneys fees and costs. The Court RETAINS jurisdiction over Plaintiff and CDCR and subject matter hereof for purposes of implementing, interpreting, or enforcing the terms of the settlement between Plaintiff and CDCR. CASE CLOSED. (Hunt, G)

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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,

Case No. 2:12-cv-02180-TLN-CKD
JOINT STIPULATION AND ORDER
OF DISMISSAL WITH PREJUDICE

v.
ABE NIAZI, et al.,
Defendant.

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STIPULATION AND
ORDER OF DISMISSAL
2:12-CV-02180-TLN-CKD

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Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff Lamont Crossley (“Plaintiff”)
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and the California Department of Corrections and Rehabilitation (“CDCR”) (collectively, the
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“Parties”), hereby stipulate as follows:
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1. On August 21, 2012, Plaintiff initiated this action against Defendants Abraham Niazi,
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R.N. and Dr. Richard P. Galloway (“Defendants”) seeking relief under 42 U.S.C. Section 1983
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and related state law claims for personal physical injuries to Plaintiff’s right hand and events
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related to complications from a surgery on this hand;
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2. On August 8, 2017, Plaintiff, Defendants, and CDCR participated in a settlement
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conference before the Honorable Kendall J. Newman and reached a final and binding agreement
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to settle their dispute (“August 8, 2017 Settlement Agreement”) (see ECF Nos. 106, 110);
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3. On October 6, 2017, Plaintiff, Defendants, and CDCR stipulated to the substitution of
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CDCR for Defendants in this matter (see ECF No. 114);
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4. On October 10, 2017, pursuant to the Joint Stipulation of Plaintiff, Defendants, and
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CDCR, Defendants Niazi and Galloway were dismissed with prejudice and CDCR was
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substituted in as the defendant in this action (see ECF Nos. 114, 115);
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5. Plaintiff and CDCR have memorialized the August 8, 2017 Settlement Agreement in a
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written executed settlement agreement which is hereby incorporated in full;
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6. Pursuant to the terms of the settlement agreement, Plaintiff and CDCR desire that this
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case be dismissed with prejudice; and
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7. Pursuant to the terms of the settlement agreement, Plaintiff and CDCR further desire to
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submit to the jurisdiction of the Court for purposes of implementing, interpreting or enforcing the
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terms of the settlement between Plaintiff and CDCR.
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STIPULATION AND
ORDER OF DISMISSAL
2:12-CV-02180-TLN-CKD

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NOW THEREFORE, Plaintiff and CDCR hereby stipulate and request, through their

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counsel of record and with the Court’s approval, that this action be dismissed in its entirety with

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prejudice pursuant to the settlement agreement, with the Plaintiff and CDCR each to bear their

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own attorneys’ fees and costs. Plaintiff and CDCR further stipulate and request that the Court

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retain jurisdiction over Plaintiff and CDCR and subject matter hereof for purposes of

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implementing, interpreting, or enforcing the terms of the settlement between Plaintiff and CDCR.

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IT IS SO STIPULATED.

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Dated: October 19, 2017

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 19, 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:

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/s/ James W. Walter
(as authorized on October 19, 2017)
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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STIPULATION AND
ORDER OF DISMISSAL
2:12-CV-02180-TLN-CKD

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ORDER
Pursuant to the Parties’ joint stipulation and good cause appearing, this action is

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DISMISSED in its entirety with prejudice pursuant to the Parties’ settlement agreement and Rule

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41(a), with the Plaintiff and CDCR each to bear their own attorneys’ fees and costs. The Court

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RETAINS jurisdiction over Plaintiff and CDCR and subject matter hereof for purposes of

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implementing, interpreting, or enforcing the terms of the settlement between Plaintiff and CDCR.

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IT IS SO ORDERED.

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Dated: October 19, 2017
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Troy L. Nunley
United States District Judge

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STIPULATION AND
ORDER OF DISMISSAL
2:12-CV-02180-TLN-CKD