Elhindi v. State of California et al

Filing 52

ORDER signed by Magistrate Judge Allison Claire on 9/8/2017 ORDERING the foregoing stipulation for order to substitute Geoffrey Richards, Chapter 7 Bankruptcy Trustee, In re: Elsiddig Elhindi and Robin Jones, U.S. Bankruptcy Court, EDCA, Case No. 11-31916, as plaintiff in place of Elsiddig Elhindi, and to revise the caption, and good cause appearing. (Reader, L)

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DANA A. SUNTAG (California State Bar No. 125127)
BENJAMIN J. CODOG (California State Bar No. 307034)
HERUM\CRABTREE\SUNTAG
A California Professional Corporation
5757 Pacific Avenue, Suite 222
Stockton, California 95207
Telephone: [phone]
Facsimile: [phone]

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Attorneys for GEOFFREY RICHARDS,
Chapter 7 Trustee, In re: Elsiddig Elhindi and Robin Jones,
United States Bankruptcy Court,
Eastern District of California, Case No. 11-31916

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELSIDDIG ELHINDI,
Plaintiff,

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v.
STATE OF CALIFORNIA;
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION,
Defendants.

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Case No. 2:15-cv-00009-AC
STIPULATION TO SUBSTITUTE GEOFFREY
RICHARDS, AS TRUSTEE OF THE
BANKRUPTCY ESTATE OF ELSIDDIG
ELHINDI, AS PLAINTIFF IN PLACE OF
ELSIDDIG ELHINDI AND TO REVISE
CAPTION; [PROPOSED] ORDER
[No hearing required]

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STIPULATION TO SUBSTITUTE TRUSTEE AS PLAINTIFF,
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AND REVISE CAPTION; [PROPOSED] ORDER

This stipulation is entered into and among: Geoffrey Richards, Chapter 7

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Bankruptcy Trustee, In re: Elsiddig Elhindi and Robin Jones, United States Bankruptcy Court,

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Eastern District of California, Case No. 11-31916 (the “Bankruptcy Case”); Elsiddig Elhindi;

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and Defendants State of California and California Department of Corrections and Rehabilitation

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(“CDCR”) (collectively, the “Parties”), through their counsel of record.
RECITALS

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A.

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On May 12, 2011, Mr. Elhindi filed the Bankruptcy Case and Mr. Richards

was duly appointed as Chapter 7 Trustee.

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B.

On September 9, 2011, the Bankruptcy Case closed.

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C.

On December 31, 2014, Mr. Elhindi, through his counsel, Council on

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Islamic-American Relations (“CAIR”), filed the instant lawsuit.
D.

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of appearance (Doc. No. 23) stating that Church State Council would be representing
Mr. Elhindi as co-counsel with CAIR and that all future notices, communications, and/or
pleadings should be directed to Church State Council.
E.

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On May 30, 2017, the Bankruptcy Case was reopened; Mr. Richards was

reappointed Chapter 7 Trustee.
F.

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On June 29, 2016, Alan J. Reinach, of Church State Council, filed a notice

This lawsuit alleges claims that are property of the bankruptcy estate.

Therefore, Mr. Richards has the sole authority to prosecute this lawsuit and is the real party in
interest.

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STIPULATION TO SUBSTITUTE TRUSTEE AS PLAINTIFF,
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AND REVISE CAPTION; [PROPOSED] ORDER

STIPULATION

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THEREFORE, IT IS STIPULATED AND AGREED, by the parties, through their

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counsel of record, that:
1.

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Geoffrey Richards, in his capacity as the Chapter 7 Bankruptcy Trustee in

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In re: Elsiddig Elhindi and Robin Jones, United States Bankruptcy Court, Eastern District of

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California, Case No. 11-31916, be substituted into this lawsuit as plaintiff in place of

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Elsiddig Elhindi.

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2.

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Trustee, In re: Elsiddig Elhindi and Robin Jones, Plaintiff vs. State of California, and California
Department of Corrections and Rehabilitation, Defendants.
3.

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The caption be changed to read: Geoffrey Richards, Chapter 7 Bankruptcy

Subject to bankruptcy court approval, Alan J. Reinach of Church State

Council and Saad Sweilem of Council on American-Islamic Relations, California, are counsel in
the instant case only for Mr. Richards (in his capacity as Chapter 7 Bankruptcy Trustee), and
no longer counsel for Mr. Elhindi, and shall identify themselves as such.1
Dated: September 5, 2017

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HERUM\CRABTREE\SUNTAG
A California Professional Corporation
By: /s/ Dana A. Suntag
DANA A. SUNTAG
Attorneys for Chapter 7 Trustee
Geoffrey Richards

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Dated: August __, 2017

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COUNCIL ON
AMERICAN-ISLAMIC RELATIONS
By: ________________
SAAD SWEILEM
Attorneys for Plaintiff
Elsiddig Elhindi

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On July 24, 2017, the Trustee filed in the Bankruptcy Case an application to
employ Messrs. Reinach and Sweilem as his special counsel to prosecute this
lawsuit. By order issued on August 3, 2017, that application was granted.

STIPULATION TO SUBSTITUTE TRUSTEE AS PLAINTIFF,
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AND REVISE CAPTION; [PROPOSED] ORDER

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Dated: September 1, 2017

CHURCH STATE COUNCIL
By: /s/ Alan J. Reinach
ALAN J. REINACH
Attorneys for Plaintiff
Elsiddig Elhindi

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Dated: August 29, 2017

XAVIER BECERRA
Attorney General of California
JUDITH A. RECCHIO
Supervising Deputy Attorney General

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By: /s/ Shanna McDaniel
SHANNA McDANIEL
Attorneys for Defendants

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State of California, and
California Department of
Corrections and Rehabilitation

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ORDER

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Having read and considered the foregoing stipulation for order to substitute
Geoffrey Richards, Chapter 7 Bankruptcy Trustee, In re: Elsiddig Elhindi and Robin Jones,
United States Bankruptcy Court, Eastern District of California, Case No. 11-31916, as plaintiff in
place of Elsiddig Elhindi, and to revise the caption, and good cause appearing:
IT IS SO ORDERED.

Dated: September 8, 2017

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STIPULATION TO SUBSTITUTE TRUSTEE AS PLAINTIFF,
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AND REVISE CAPTION; [PROPOSED] ORDER

______________________________
ALLISON CLAIRE
United States Magistrate Judge