Cruz v. Ahmed

Filing 87

STIPULATION AND ORDER TO EXTEND DEADLINE re 86 . STIPULATION WITH PROPOSED ORDER filed by Zahed Uddin Ahmed, Santiago Cruz. Signed by Magistrate Judge Kandis A. Westmore on 7/27/18. (sisS, COURT STAFF) (Filed on 7/27/2018)

1

4

R. MORGAN GILHULY (SBN 133659; [e-mail])
JULIA R. GRAESER (SBN 294117; [e-mail])
BARG COFFIN LEWIS & TRAPP, LLP
350 California Street, 22nd Floor
San Francisco, California 94104-1435
Telephone: [phone]
Fax: [phone]

5

Attorneys for Plaintiff SANTIAGO CRUZ

2
3

6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

SANTIAGO CRUZ,

12
13
14
15

Case No. 4:15-cv-01855-KAW

Plaintiff,
STIPULATION AND [PROPOSED]
ORDER

v.
ZAHED UDDIN AHMED,
Defendant.

16
17
18
19
20
21
22
23
24
25
26
27

WHEREAS, on April 16, 2018, the parties participated in a settlement conference where
the case settled in principal as to the monetary terms of the settlement.
WHEREAS, on April 24, 2018, this Court issued an order that Plaintiff shall file a
dismissal within 60 days of its order, absent any extension ordered by the Court.
WHEREAS, on June 20, 2018, this Court signed the parties’ Stipulation and Proposed
Order to extend the deadline to file a dismissal for another 30 days.
WHEREAS, the parties’ efforts at finalizing a settlement are being held up by the
potential for outstanding liens against Plaintiff, which are presently unknown and which the
California Department of Corrections and Rehabilitation (“CDCR”) claims it has a legal
obligation to satisfy from the settlement proceeds.
WHEREAS, Plaintiff and his attorneys have no information about the allegedly or

28
STIPULATION AND [PROPOSED] ORDER
U.S.D.C Case No. Civ. 4:15-cv-01855-KAW

3124045.v1

1

potentially outstanding liens against Plaintiff or the source of such liens, and they are unaware of

2

and have not been provided with any statutory authority requiring payment of same from

3

settlement proceeds.

4

WHEREAS, the parties have for the last few weeks been working to resolve this issue.

5

Plaintiff’s attorneys have proposed a modest revision to the settlement agreement to ensure that

6

CDCR will deduct from the settlement only those outstanding liens (if any) that CDCR is

7

required by law to satisfy on Plaintiff’s behalf, and are awaiting a response from CDCR.

8

WHEREAS, the parties have agreed to extend the deadline for Plaintiff to file the

9

dismissal until August 15, 2018 in hopes that the additional time will be sufficient for the parties

10

to agree to the final terms of the settlement documentation and obtain the parties’ signatures, and

11

respectfully request that this Court so order.

12
13

IT IS SO STIPULATED.
Dated: July 20, 2018

14

Respectfully submitted,
R. MORGAN GILHULY
JULIA R. GRAESER
BARG COFFIN LEWIS & TRAPP, LLP

15
16

________________________________
/s/ Julia R. Graeser
Attorneys for Plaintiff Santiago Cruz

17
18
19

Dated: July 20, 2018

Respectfully submitted,
XAVIER BECERRA
Attorney General of California
JEFFREY R. VINCENT
Supervising Deputy Attorney General

20
21
22

________________________________
/s/ Rohit Kodical
Attorneys for Defendant Dr. Ahmed

23
24
25
26

IT IS SO ORDERED.

27
28

7/27/18
Dated: _________

_____________________________
The Honorable Kandis Westmore

2

STIPULATION AND [PROPOSED] ORDER
U.S.D.C Case No. Civ. 4:15-cv-01855-KAW

3124045.v1