Filed: Sep. 08, 2017
Latest Update: Sep. 08, 2017
Summary: STIPULATION TO SUBSTITUTE GEOFFREY RICHARDS, AS TRUSTEE OF THE BANKRUPTCY ESTATE OF ELSIDDIG ELHINDI, AS PLAINTIFF IN PLACE OF ELSIDDIG ELHINDI AND TO REVISE CAPTION;[ PROPOSED[ ORDER [No hearing required] ALLISON CLAIRE , Magistrate Judge . This stipulation is entered into and among: Geoffrey Richards, Chapter 7 Bankruptcy Trustee, In re: Elsiddig Elhindi and Robin Jones, United States Bankruptcy Court, Eastern District of California, Case No. 11-31916 (the "Bankruptcy Case"); Els
Summary: STIPULATION TO SUBSTITUTE GEOFFREY RICHARDS, AS TRUSTEE OF THE BANKRUPTCY ESTATE OF ELSIDDIG ELHINDI, AS PLAINTIFF IN PLACE OF ELSIDDIG ELHINDI AND TO REVISE CAPTION;[ PROPOSED[ ORDER [No hearing required] ALLISON CLAIRE , Magistrate Judge . This stipulation is entered into and among: Geoffrey Richards, Chapter 7 Bankruptcy Trustee, In re: Elsiddig Elhindi and Robin Jones, United States Bankruptcy Court, Eastern District of California, Case No. 11-31916 (the "Bankruptcy Case"); Elsi..
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STIPULATION TO SUBSTITUTE GEOFFREY RICHARDS, AS TRUSTEE OF THE BANKRUPTCY ESTATE OF ELSIDDIG ELHINDI, AS PLAINTIFF IN PLACE OF ELSIDDIG ELHINDI AND TO REVISE CAPTION;[ PROPOSED[ ORDER
[No hearing required]
ALLISON CLAIRE, Magistrate Judge.
This stipulation is entered into and among: Geoffrey Richards, Chapter 7 Bankruptcy Trustee, In re: Elsiddig Elhindi and Robin Jones, United States Bankruptcy Court, Eastern District of California, Case No. 11-31916 (the "Bankruptcy Case"); Elsiddig Elhindi; and Defendants State of California and California Department of Corrections and Rehabilitation ("CDCR") (collectively, the "Parties"), through their counsel of record.
RECITALS
A. On May 12, 2011, Mr. Elhindi filed the Bankruptcy Case and Mr. Richards was duly appointed as Chapter 7 Trustee.
B. On September 9, 2011, the Bankruptcy Case closed.
C. On December 31, 2014, Mr. Elhindi, through his counsel, Council on Islamic-American Relations ("CAIR"), filed the instant lawsuit.
D. On June 29, 2016, Alan J. Reinach, of Church State Council, filed a notice of appearance (Doc. No. 23) stating that Church State Council would be representing Mr. Elhindi as co-counsel with CAIR and that all future notices, communications, and/or pleadings should be directed to Church State Council.
E. On May 30, 2017, the Bankruptcy Case was reopened; Mr. Richards was reappointed Chapter 7 Trustee.
F. This lawsuit alleges claims that are property of the bankruptcy estate. Therefore, Mr. Richards has the sole authority to prosecute this lawsuit and is the real party in interest.
STIPULATION
THEREFORE, IT IS STIPULATED AND AGREED, by the parties, through their counsel of record, that:
1. Geoffrey Richards, in his capacity as the Chapter 7 Bankruptcy Trustee in In re: Elsiddig Elhindi and Robin Jones, United States Bankruptcy Court, Eastern District of California, Case No. 11-31916, be substituted into this lawsuit as plaintiff in place of Elsiddig Elhindi.
2. The caption be changed to read: Geoffrey Richards, Chapter 7 Bankruptcy Trustee, In re: Elsiddig Elhindi and Robin Jones, Plaintiff vs. State of California, and California Department of Corrections and Rehabilitation, Defendants.
3. Subject to bankruptcy court approval, Alan J. Reinach of Church State Council and Saad Sweilem of Council on American-Islamic Relations, California, are counsel in the instant case only for Mr. Richards (in his capacity as Chapter 7 Bankruptcy Trustee), and no longer counsel for Mr. Elhindi, and shall identify themselves as such.1
ORDER
Having read and considered the foregoing stipulation for order to substitute Geoffrey Richards, Chapter 7 Bankruptcy Trustee, In re: Elsiddig Elhindi and Robin Jones, United States Bankruptcy Court, Eastern District of California, Case No. 11-31916, as plaintiff in place of Elsiddig Elhindi, and to revise the caption, and good cause appearing:
IT IS SO ORDERED.
