Cruz v. Ahmed

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

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.

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1 R. MORGAN GILHULY (SBN 133659; mgilhuly@bargcoffin.com) JULIA R. GRAESER (SBN 294117; jgraeser@bargcoffin.com) 2 BARG COFFIN LEWIS & TRAPP, LLP 350 California Street, 22nd Floor 3 San Francisco, California 94104-1435 Telephone: (415) 228-5400 4 Fax: (415) 228-5450 5 Attorneys for Plaintiff SANTIAGO CRUZ 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 SANTIAGO CRUZ, Case No. 4:15-cv-01855-KAW 12 Plaintiff, STIPULATION AND [PROPOSED] 13 v. ORDER 14 ZAHED UDDIN AHMED, 15 Defendant. 16 17 WHEREAS, on April 16, 2018, the parties participated in a settlement conference where 18 the case settled in principal as to the monetary terms of the settlement. 19 WHEREAS, on April 24, 2018, this Court issued an order that Plaintiff shall file a 20 dismissal within 60 days of its order, absent any extension ordered by the Court. 21 WHEREAS, on June 20, 2018, this Court signed the parties' Stipulation and Proposed 22 Order to extend the deadline to file a dismissal for another 30 days. 23 WHEREAS, the parties' efforts at finalizing a settlement are being held up by the 24 potential for outstanding liens against Plaintiff, which are presently unknown and which the 25 California Department of Corrections and Rehabilitation ("CDCR") claims it has a legal 26 obligation to satisfy from the settlement proceeds. 27 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 IT IS SO STIPULATED. 13 Dated: July 20, 2018 Respectfully submitted, 14 R. MORGAN GILHULY JULIA R. GRAESER 15 BARG COFFIN LEWIS & TRAPP, LLP 16 ________________________________ 17 /s/ Julia R. Graeser Attorneys for Plaintiff Santiago Cruz 18 Dated: July 20, 2018 Respectfully submitted, 19 XAVIER BECERRA 20 Attorney General of California JEFFREY R. VINCENT 21 Supervising Deputy Attorney General 22 23 ________________________________ /s/ Rohit Kodical 24 Attorneys for Defendant Dr. Ahmed 25 26 IT IS SO ORDERED. 27 Dated: _________ 7/27/18 _____________________________ 28 The Honorable Kandis Westmore 2 STIPULATION AND [PROPOSED] ORDER U.S.D.C Case No. Civ. 4:15-cv-01855-KAW 3124045.v1