Cruz v. Ahmed

Northern District of California, cand-4:2015-cv-01855

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

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SANTIAGO CRUZ, Case No. 4:15-cv-01855-KAW 8 Plaintiff, ORDER REGARDING PLAINTIFF'S 2/3/19 LETTER 9 v. Re: Dkt. No. 91 10 ZAHED UDDIN AHMED, 11 Defendant. 12 Northern District of California United States District Court 13 On February 3, 2017, Morgan Gilhuly and Julia Graeser of Barg Coffin Lewis & Trapp, 14 LLP were appointed as pro bono counsel for Plaintiff Santiago Cruz for the duration of his case. 15 (Dkt. No. 52.) 16 On January 3, 2019, Ms. Graeser sent Plaintiff a letter regarding the settlement, which 17 included the settlement check, and stated that the amount reflected the deduction of $1,050 for 18 unpaid restitution as required by state law. (Dkt. No. 91-2 at 1.) The letter also reflected that this 19 correspondence concluded counsel's representation. Id. 20 On February 6, 2019, the Court received correspondence from Mr. Cruz. (Letter, Dkt. No. 21 91.) Therein, Mr. Cruz attached the January 3 letter from counsel and the CDCR Inmate State 22 Report, dated January 14, 2019, which showed that he still had an unpaid restitution balance of 23 1,060.71. (Letter at 1; Inmate Statement, Ex. B, Dkt. No. 91-2 at 3.) Mr. Cruz requested that the 24 Court send a "summary of the judgment" or other information to prevent the state from deducting 25 the restitution a second time. (Letter at 1.) Since this case was settled, however, the Court does not 26 have a judgment to provide to Mr. Cruz. 27 Accordingly, Plaintiff's counsel shall meet and confer with Defendant to address this 28 apparent mistake to ensure that Mr. Cruz will not pay restitution twice. If the debit has already 1 occurred, the Court is confident that defense counsel can reverse the charge and make Mr. Cruz 2 whole. 3 IT IS SO ORDERED. 4 Dated: February 28, 2019 __________________________________ 5 KANDIS A. WESTMORE 6 United States Magistrate Judge 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2