Cruz v. Ahmed

Filing 90

STIPULATION AND ORDER re 89 . STIPULATION WITH PROPOSED ORDER FOR DISMISSAL filed by Zahed Uddin Ahmed, Santiago Cruz. ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 8/22/18. (sisS, COURT STAFF) (Filed on 8/22/2018)

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R. MORGAN GILHULY (SBN 133659; [e-mail])
JULIA R. GRAESER (SBN 294117; [e-mail])
BARG COFFIN LEWIS & TRAPP, LLP
600 Montgomery Street, Suite 525
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]

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Attorneys for Plaintiff SANTIAGO CRUZ

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SANTIAGO CRUZ,

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

Plaintiff,
STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL

v.
ZAHED UDDIN AHMED,
Defendant.

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STIPULATION
WHEREAS, on April 16, 2018, Plaintiff Santiago Cruz (“Plaintiff”) and Defendant Dr.

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Zahed Uddin Ahmed ("Defendant”) (collectively “Settling Parties”) through their respective

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counsel participated in a settlement conference where the case settled in principal as to the

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monetary terms of the settlement.

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WHEREAS the Settling Parties finalized a written settlement agreement in late July 2018
and have been in the process of obtaining signatures.
WHEREAS Plaintiff Cruz signed the final settlement agreement on August 2, 2018, and

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Dennis M. Beaty signed the settlement agreement on behalf of California Department of

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Corrections and Rehabilitation on August 21, 2018.

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WHEREAS attached hereto as Exhibit A is a true and correct, fully executed copy of the
settlement agreement;
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL
U.S.D.C Case No. Civ. 4:15-cv-01855-KAW

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WHEREAS the Settling Parties agree and request that this Court retain jurisdiction until
settlement proceeds are paid pursuant to Paragraph 4 of the Agreement.
IT IS HEREBY STIPULATED AND AGREED by and between Settling Parties that the

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complaint and all causes of action against Defendant in the above-captioned action be and hereby

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are DISMISSED WITH PREJUDICE pursuant to Federal Rules of Civil Procedure Rule

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41(a)(1)(A)(ii).

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IT IS FURTHER STIPULATED that Settling Parties shall bear their own costs, and no

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Settling Party will seek to recover its attorney’s fees and costs incurred in this action from any

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other Settling Party.

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IT IS FURTHER STIPULATED that, pursuant to the Settling Parties’ agreement, this

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Court shall retain jurisdiction with respect to disputes arising under the Agreement, namely the

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timely payment of settlement moneys.

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IT IS FURTHER STIPULATED THAT, Defendant will notify this Court when payment

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has been made, and if notification of payment has not been made by August 21, 2019, that this

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Court shall set a Settlement Status Conference soon thereafter wherein Defendant must provide

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to the Court the status of payment and reason for delay.

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IT IS SO STIPULATED.

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Dated: August 21, 2018

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

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/s/ Julia R. Graeser
JULIA R. GRAESER
Attorneys for Plaintiff Santiago Cruz

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

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Dated: August 21, 2018

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

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/s/ Rohit Kodical
ROHIT KODICAL
Attorneys for Defendant Dr. Ahmed

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IT IS SO ORDERED.

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Dated: _________
8/22/18

_____________________________
The Honorable Kandis Westmore

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

3127189.v1