Cruz v. Ahmed

Filing 92

ORDER re 91 2/3/19 Letter filed by Santiago Cruz. Signed by Judge Kandis A. Westmore on 2/28/2019. (kawlc1, COURT STAFF) (Filed on 2/28/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SANTIAGO CRUZ,
Plaintiff,

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v.

ORDER REGARDING PLAINTIFF'S
2/3/19 LETTER
Re: Dkt. No. 91

ZAHED UDDIN AHMED,
Defendant.

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United States District Court
Northern District of California

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

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On February 3, 2017, Morgan Gilhuly and Julia Graeser of Barg Coffin Lewis & Trapp,

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LLP were appointed as pro bono counsel for Plaintiff Santiago Cruz for the duration of his case.

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(Dkt. No. 52.)

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On January 3, 2019, Ms. Graeser sent Plaintiff a letter regarding the settlement, which

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included the settlement check, and stated that the amount reflected the deduction of $1,050 for

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unpaid restitution as required by state law. (Dkt. No. 91-2 at 1.) The letter also reflected that this

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correspondence concluded counsel’s representation. Id.

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On February 6, 2019, the Court received correspondence from Mr. Cruz. (Letter, Dkt. No.

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91.) Therein, Mr. Cruz attached the January 3 letter from counsel and the CDCR Inmate State

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Report, dated January 14, 2019, which showed that he still had an unpaid restitution balance of

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1,060.71. (Letter at 1; Inmate Statement, Ex. B, Dkt. No. 91-2 at 3.) Mr. Cruz requested that the

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Court send a “summary of the judgment” or other information to prevent the state from deducting

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the restitution a second time. (Letter at 1.) Since this case was settled, however, the Court does not

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have a judgment to provide to Mr. Cruz.

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Accordingly, Plaintiff’s counsel shall meet and confer with Defendant to address this
apparent mistake to ensure that Mr. Cruz will not pay restitution twice. If the debit has already

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occurred, the Court is confident that defense counsel can reverse the charge and make Mr. Cruz

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whole.

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IT IS SO ORDERED.
Dated: February 28, 2019
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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