Filed: Oct. 10, 2017
Latest Update: Oct. 10, 2017
Summary: JOINT STIPULATION AND ORDER OF SUBSTITUTION KENDALL J. NEWMAN , Magistrate Judge . Plaintiff Lamont Crossley ("Plaintiff"), Defendants Abraham Niazi, R.N. and Dr. Richard P. Galloway ("Defendants"), and the California Department of Corrections and Rehabilitation ("CDCR"), hereby stipulate as follows: 1. On August 21, 2012, Plaintiff initiated this action against Defendants seeking relief under 42 U.S.C. Section 1983 and related state law claims for personal physical injuries to Plaintiff's
Summary: JOINT STIPULATION AND ORDER OF SUBSTITUTION KENDALL J. NEWMAN , Magistrate Judge . Plaintiff Lamont Crossley ("Plaintiff"), Defendants Abraham Niazi, R.N. and Dr. Richard P. Galloway ("Defendants"), and the California Department of Corrections and Rehabilitation ("CDCR"), hereby stipulate as follows: 1. On August 21, 2012, Plaintiff initiated this action against Defendants seeking relief under 42 U.S.C. Section 1983 and related state law claims for personal physical injuries to Plaintiff's ..
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JOINT STIPULATION AND ORDER OF SUBSTITUTION
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff Lamont Crossley ("Plaintiff"), Defendants Abraham Niazi, R.N. and Dr. Richard P. Galloway ("Defendants"), and the California Department of Corrections and Rehabilitation ("CDCR"), hereby stipulate as follows:
1. On August 21, 2012, Plaintiff initiated this action against Defendants seeking relief under 42 U.S.C. Section 1983 and related state law claims for personal physical injuries to Plaintiff's right hand and events related to complications from a surgery on this hand;
2. On August 8, 2017, Plaintiff, Defendants, and CDCR participated in a settlement conference before the Honorable Kendall J. Newman and reached a final and binding agreement to settle their dispute ("August 8, 2017 Settlement Agreement");
3. Plaintiff, Defendants, and CDCR desire to submit to the jurisdiction of the Court for purposes of implementing, interpreting, or enforcing the terms of the August 8, 2017 settlement agreement.
4. Defendants Niazi and Galloway shall be dismissed with prejudice from this action if, and only if, CDCR is substituted in as a defendant in this action.
5. CDCR agrees to be and shall be substituted in as a defendant in this action. CDCR further agrees that it is bound to the August 8, 2017 Settlement Agreement reached before the Honorable Kendall J. Newman.
6. Defendants Niazi and Galloway will not seek costs of suit or attorneys' fees upon entry of an appropriate pleading dismissing them from this lawsuit.
7. Defendants Niazi and Galloway further shall not bring any action in any forum against Plaintiff Lamont Crossley, his heirs or assigns, for any claim they may have arising from any incident related to United States District Court Case No. 2:12-cv-2180-LKK-CKD P, entitled Lamont Crossley v. Abe (Abraham) Niazi R.N. et.al., filed in the Eastern District of California.
8. Plaintiff shall not seek costs of suit or attorneys' fees against defendants Niazi and Galloway.
9. CDCR does not and shall not object to being substituted in as defendant for the duration of litigation in this matter or file any legal memoranda challenging jurisdiction, statute of limitations, or other legal theory.
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.
