Cruz v. Ahmed

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

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.

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1 R. MORGAN GILHULY (SBN 133659; JULIA R. GRAESER (SBN 294117; 2 BARG COFFIN LEWIS & TRAPP, LLP 600 Montgomery Street, Suite 525 3 San Francisco, CA 94111 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 FOR DISMISSAL 14 ZAHED UDDIN AHMED, 15 Defendant. 16 17 STIPULATION 18 WHEREAS, on April 16, 2018, Plaintiff Santiago Cruz ("Plaintiff") and Defendant Dr. 19 Zahed Uddin Ahmed ("Defendant") (collectively "Settling Parties") through their respective 20 counsel participated in a settlement conference where the case settled in principal as to the 21 monetary terms of the settlement. 22 WHEREAS the Settling Parties finalized a written settlement agreement in late July 2018 23 and have been in the process of obtaining signatures. 24 WHEREAS Plaintiff Cruz signed the final settlement agreement on August 2, 2018, and 25 Dennis M. Beaty signed the settlement agreement on behalf of California Department of 26 Corrections and Rehabilitation on August 21, 2018. 27 WHEREAS attached hereto as Exhibit A is a true and correct, fully executed copy of the 28 settlement agreement; STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL U.S.D.C Case No. Civ. 4:15-cv-01855-KAW 3127189.v1 1 WHEREAS the Settling Parties agree and request that this Court retain jurisdiction until 2 settlement proceeds are paid pursuant to Paragraph 4 of the Agreement. 3 IT IS HEREBY STIPULATED AND AGREED by and between Settling Parties that the 4 complaint and all causes of action against Defendant in the above-captioned action be and hereby 5 are DISMISSED WITH PREJUDICE pursuant to Federal Rules of Civil Procedure Rule 6 41(a)(1)(A)(ii). 7 IT IS FURTHER STIPULATED that Settling Parties shall bear their own costs, and no 8 Settling Party will seek to recover its attorney's fees and costs incurred in this action from any 9 other Settling Party. 10 IT IS FURTHER STIPULATED that, pursuant to the Settling Parties' agreement, this 11 Court shall retain jurisdiction with respect to disputes arising under the Agreement, namely the 12 timely payment of settlement moneys. 13 IT IS FURTHER STIPULATED THAT, Defendant will notify this Court when payment 14 has been made, and if notification of payment has not been made by August 21, 2019, that this 15 Court shall set a Settlement Status Conference soon thereafter wherein Defendant must provide 16 to the Court the status of payment and reason for delay. 17 IT IS SO STIPULATED. 18 19 Dated: August 21, 2018 Respectfully submitted, 20 R. MORGAN GILHULY JULIA R. GRAESER 21 BARG COFFIN LEWIS & TRAPP, LLP 22 /s/ Julia R. Graeser 23 JULIA R. GRAESER Attorneys for Plaintiff Santiago Cruz 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL U.S.D.C Case No. Civ. 4:15-cv-01855-KAW 3127189.v1 1 Dated: August 21, 2018 Respectfully submitted, 2 XAVIER BECERRA Attorney General of California 3 JEFFREY R. VINCENT Supervising Deputy Attorney General 4 5 /s/ Rohit Kodical 6 ROHIT KODICAL Attorneys for Defendant Dr. Ahmed 7 8 9 IT IS SO ORDERED. 10 11 Dated: _________ 8/22/18 _____________________________ The Honorable Kandis Westmore 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL U.S.D.C Case No. Civ. 4:15-cv-01855-KAW 3127189.v1