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CROSSLEY v. NIAZI, 2:12-cv-02180-TLN-CKD. (2017)

Court: District Court, E.D. California Number: infdco20171010a22 Visitors: 15
Filed: Oct. 05, 2017
Latest Update: Oct. 05, 2017
Summary: SECOND STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE DISPOSITIONAL DOCUMENTS KENDALL J. NEWMAN , Magistrate Judge . Plaintiff Lamont Crossley ("Plaintiff") and Defendants Abraham Niazi, R.N. and Dr. Richard P. Galloway ("Defendants") (collectively, the "Parties") hereby stipulate and respectfully request that the Court extend the deadline for the Parties to file dispositional documents based on the following facts and circumstances: WHEREAS, on April 10, 2017, the Court issued an order
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SECOND STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE DISPOSITIONAL DOCUMENTS

Plaintiff Lamont Crossley ("Plaintiff") and Defendants Abraham Niazi, R.N. and Dr. Richard P. Galloway ("Defendants") (collectively, the "Parties") hereby stipulate and respectfully request that the Court extend the deadline for the Parties to file dispositional documents based on the following facts and circumstances:

WHEREAS, on April 10, 2017, the Court issued an order setting a settlement conference before Judge Newman on August 8, 2017 (ECF No. 100);

WHEREAS, on August 8, 2017, the Parties reached a settlement, the terms and conditions of which were stated on the record by the Court (see ECF Nos. 106, 110);

WHEREAS, on August 8, 2017, the Court ordered that dispositional documents be filed within 30 days (ECF No. 106);

WHEREAS, on September 8, 2017, at the Parties' request, the Court extended the deadline to file dispositional documents to October 6, 2017, and set an Informal Telephonic Status Conference Re: Settlement for September 28, 2017 (ECF No. 109; see ECF No. 108);

WHEREAS, on September 28, 2017, the Parties participated in an Informal Telephonic Status Conference Re: Settlement Conference (see ECF No. 111);

WHEREAS, on September 28, 2017, following the Informal Telephonic Status Conference Re: Settlement Conference, counsel for Plaintiff sent counsel for Defendants a revised proposed written settlement agreement;

WHEREAS, on September 28, 2017, following the Informal Telephonic Status Conference Re: Settlement Conference, counsel for Defendants sent counsel for Plaintiff a draft joint stipulation of substitution to add the California Department of Corrections and Rehabilitation ("CDCR") as a defendant in place of Defendants;

WHEREAS, on October 2, 2017, counsel for Plaintiff sent counsel for Defendants a revised draft joint stipulation of substitution to add the CDCR as a defendant in place of Defendants;

WHEREAS, counsel for Defendants is waiting for client approval with respect to the September 28, 2017 revised proposed written settlement agreement and the October 2, 2017 revised draft joint stipulation of substitution;

WHEREAS, counsel for Plaintiff must have adequate time to correspond with Plaintiff regarding settlement and disposition of this matter following the September 28, 2017 Informal Telephonic Status Conference Re: Settlement Conference and subsequent exchanges of documents with counsel for Defendants, and Plaintiff must have an opportunity to review and execute the final, agreed upon settlement agreement;

WHEREAS, the Parties and CDCR intend to remain bound by the agreement reached on August 8, 2017 and desire to memorialize that agreement in writing as soon as possible;

WHEREAS, the Parties and CDCR intend to file the joint stipulation of substitution adding CDCR as a party in place of Defendants prior to executing the written settlement agreement between Plaintiff and CDCR and filing a joint stipulation of dismissal;

WHEREAS, the Parties believe that an extension of fourteen (14) days to Friday, October 20, 2017, to file dispositional documents is reasonable in light of the Parties' exchanges of documents following the September 28, 2017 Informal Telephonic Status Conference Re: Settlement Conference.

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendants, by and through their respective undersigned counsel, that the deadline for filing of dispositional documents shall be extended fourteen (14) days to Friday, October 20, 2017.

IT IS SO ORDERED. Good cause appearing, and pursuant to the joint stipulation of the Parties, the deadline to file dispositional documents is extended fourteen days to Friday, October 20, 2017.

Source:  Leagle

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