Crossley v. Niazi et al
Plaintiff: Lamont Crossley
Defendant: Abe Niazi, Galloway, Todd and L. Heffner
Case Number: 2:2012cv02180
Filed: August 21, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Carolyn K. Delaney
Presiding Judge: Lawrence K. Karlton
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 20, 2017 Opinion or Order Filing 118 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/19/2017 DISMISSING this action in its entirety with prejudice pursuant to the Parties settlement agreement and Rule 41(a), with the Plaintiff and CDCR each to bear their own attorneys fees and costs. The Court RETAINS jurisdiction over Plaintiff and CDCR and subject matter hereof for purposes of implementing, interpreting, or enforcing the terms of the settlement between Plaintiff and CDCR. CASE CLOSED. (Hunt, G)
October 11, 2017 Opinion or Order Filing 116 ORDER TO FACILITATE TELEPHONE CALL signed by Magistrate Judge Carolyn K. Delaney on 10/11/2017 ORDERING the Warden, Litigation Coordinator and other correctional staff as needed at CSP-Corcoran shall facilitate a confidential telephone call between inmate Lamont Crossley and appointed counsel in accordance with this order. The Clerk shall serve this order by fax and email on the Warden and Litigation Coordinator at CSP-Corcoran. (Order served via fax on Warden and Lit Co.)(Yin, K)
October 10, 2017 Opinion or Order Filing 115 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/10/2017 and agreed between the parties to the substitution of CDCR in place of defendants. Defendants Niazi and Galloway are DISMISSED with prejudice. CDCR further agrees t hat it is bound to the 8/8/2017 Settlement Agreement reached before the Honorable Kendall J. Newman. Defendants Niazi and Galloway will not seek costs of suit or attorneys' fees. Defendants Niazi and Galloway further shall not bring any action i n any forum against plaintiff Lamont Crossley, his heirs or assigns, for any claim they may have arising from any incident related to this action. Plaintiff shall not seek costs of suit or attorneys' fees against defendants Niazi and Galloway.(Yin, K)
October 6, 2017 Opinion or Order Filing 113 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/05/17 ORDERING that the deadline to file dispositional documents is EXTENDED to 10/20/17. (Benson, A.)
June 15, 2017 Opinion or Order Filing 104 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 06/15/17 ORDERING the Custodian to produce Lamont Crossley by videoconference on 08/08/17 at 9:00 a.m. in courtroom 25 before Magistrate Kendall J. Newman. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian. (cc: I.T. Dept, Sacramento and KJN). ( 3 certified copies of writ sent to the Warden, CSP Corcoran) (Plummer, M) Modified on 6/15/2017 (Plummer, M).
May 30, 2017 Opinion or Order Filing 103 ORDER TO FACILITATE TELEPHONE CALL signed by Magistrate Judge Carolyn K. Delaney on 5/30/2017 ORDERING the Warden, Litigation Coordinator, and other correctional staff as needed at California State Prison, Corcoran shall facilitate a confidential te lephone call between Lamont Crossley and appointed counsel in accordance with this order. The Clerk shall serve this order on the Warden and Litigation Coordinator. (Order served by mail on COR Warden and by fax/email on the COR Litigation Coordinator)(Yin, K) Modified on 5/30/2017 (Yin, K).
April 20, 2017 Opinion or Order Filing 102 STIPULATION and ORDER TO EXTEND EXPERT WITNESS DISCLOSURE DEADLINE signed by Magistrate Judge Carolyn K. Delaney on 4/19/17 ORDERING that the Expert Witness Disclosure deadline of 7/18/17 shall be EXTENDED to 9/15/2017.(Mena-Sanchez, L)
April 11, 2017 Opinion or Order Filing 100 ORDER SETTING SETTLEMENT CONFERENCE signed by Magistrate Judge Carolyn K. Delaney on 4/10/2017. This case is set for a settlement conference on 8/8/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The parties shall exchange non-confidential settlement statements 7 days prior to the settlement conference. (cc: KJN, ADR)(Yin, K)
September 7, 2016 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/07/16 ordering the Warden, Litigation Coordinator, and other correctional staff as needed at SVSP shall facilitate a confidential telephone call between Lamont Crossley and appointed counsel. The confidential telephone call shall be placed on Tuesday, September 20, 2016, to begin at 10:00 a.m. and shall continue, without interruption for a maximum of 90 minutes or until completed whichever is earlier. Correctional staff shall initiate the phone call by calling Mr. Wood and Ms. Albrecht at 916-329-7906. The clerk of the court is ordered to serve this order by facsimile at 831-678-5544 and email on the Warden and Litigation Coordinator at SVSP. (Copy of this order served by fax at 831-678-5544 and via email to the Warden and Litigation Coordinator at Salinas Valley State Prison)(Plummer, M)
August 12, 2016 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/11/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Stephanie Albrecht is GRANTED. (Crouch, J)
June 14, 2016 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/14/16 ORDERING that 85 Motion to modify the scheduling order is GRANTED as set forth; The current scheduling order (ECF No. 61 ) is VACATED and discovery is reopened for a period of 90 days from the date this order is electronically docketed. During this period, plaintiff may conduct further discovery in this matter, limited to: a. Depositions of parties and non-parties; b. Service of subpoenas on non-parties; Service of up to 25 additional interrogatories on defendants Niazi and Galloway; d. Service of requests for admission on defendants Niazi and Galloway as to the genuineness of any described documents (FRCP 36(a)(1) (B)); and e. Service of up to 25 additional requests for admissions on defendants Niazi and Galloway as to facts, the application of law to fact, or opinions about either (FRCP 36(a)(1)(A)).(Dillon, M)
May 16, 2016 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/16/2016 GRANTING plaintiff's 87 application. The Court's 2/25/2016 order, setting plaintiff and defendants' pretrial statement deadlines is VACATED. The Court will reset the parties' pretrial statement deadlines upon ruling on plaintiff's pending motion 85 . (Yin, K)
February 25, 2016 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/25/16 ordering plaintiff shall file a pretrial statement pursuant to local rule 281 no later than 5/27/16. In his pretrial statement, plaintiff shall inform the court whether he wishes to consent to magistrate judge jurisdiction; and defendants shall file a pretrial statement no later than 6/10/16. (Plummer, M)
December 29, 2015 Opinion or Order Filing 79 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/29/15 ordering James E. Houpt, Elizabeth Morgan, Stephanie Albrecht and Rachel J. Muoio of Orrick, Harrington and Sutcliffe, LLP are appointed as counsel in the above entitled matter. They h ave prepared and sent an engagement letter regarding the provision of services and their appointment of counsel shall be contingent on plaintiff executing the engagement letter and returning it to appointed counsel. Appointed counsel shall file a no tice with the court upon plaintiff's satisfactory execution and return of the engagement letter to them. The clerk of the court is directed to serve a copy of this letter to James E. Houpt, Elizabeth Morgan, Stephanie Albrecht and Rachel J. Muoio, Orrick, Harrington and Sutcliffe LLP, 400 Capitol Mall Suite 3000, Sacramento, CA 95814. (Plummer, M)
December 16, 2015 Opinion or Order Filing 78 ORDER TO FACILITATE TELEPHONE CALL signed by Magistrate Judge Carolyn K. Delaney on 12/16/2015. The Warden, Litigation Coordinator, and other correctional staff as needed at KVSP, shall faciliate a confidential telephone call between Lamont Crossley and attorney James Houpt. The confidential telephone call shall be placed on 12/18/2015 to begin at 2:00 p.m. and shall continue without interruption, for a maximum of 120 minutes or until completed, whichever is earlier. The Clerk shall serve this order by fax and email on the Warden and Litigation Coordinator at KVSP. (SEE ORDER FOR DETAILS) (Yin, K)
December 15, 2015 Opinion or Order Filing 77 NOTICE of this court's expedited trial setting procedures upon consent of all parties signed by Magistrate Judge Carolyn K. Delaney on 12/15/2015. (Yin, K)
December 1, 2014 Opinion or Order Filing 66 ORDER signed by District Judge Troy L. Nunley on 11/25/2014 GRANTING 65 Motion for Reconsideration. This matter is REFERRED to the Eastern District of California ADR and Pro Bono Program for counsel to be appointed. (cc: ADR) (Zignago, K.)
November 6, 2014 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/6/2014 DENYING plaintiff's 63 motion for the appointment of counsel. (Yin, K)
October 29, 2014 Opinion or Order Filing 61 FURTHER SCHEDULING ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/29/2014 ORDERING that Discovery is closed; Law and Motion is closed; plaintiff's pretrial statement and any motions necessary to obtain trial witnesses due on or before 1/9/2015, defendants' pretrial statements due on or before 1/23/2015. (Yin, K)
October 10, 2014 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/10/2014 ORDERING the parties to submit, within 15 days, confidential settlement statements as set forth in this order; and the Clerk shall send a copy of this order to ADR Division. (cc: ADR)(Yin, K)
October 1, 2014 Opinion or Order Filing 59 ORDER adopting in part 56 FINDINGS AND RECOMMENDATIONS, signed by District Judge Troy L. Nunley on 10/1/14. Defendants' 43 motion for summary judgment is denied as to Plaintiff's claims against Defendants Niazi and Galloway and granted in all other respects. This matter is referred back to the magistrate judge for further pretrial proceedings. (Kastilahn, A)
July 11, 2014 Opinion or Order Filing 56 ORDER and AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 07/11/14 vacating 53 FINDINGS AND RECOMMENDATIONS. Also, RECOMMENDING that defendants' motion for summary judgment 43 be granted. Motion 43 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
May 21, 2014 Opinion or Order Filing 53 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/21/14 recommending that defendants' motion for summary judgment 43 be granted. F&R referred to Judge Lawrence K. Karlton. Objections to F&R due within fourteen days. (Kaminski, H)
November 5, 2013 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/5/13 ORDERING that plaintiffs motion for the provisions of FRCP 15(c) 38 is granted; and Plaintiffs motion to compel 40 is denied as moot. (Dillon, M)
August 23, 2013 Opinion or Order Filing 37 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/23/2013 DENYING plaintiff's 32 motion for a bench trial, as premature; DENYING plaintiff's 33 motion to amend the complaint ; and DENYING plaintiff's 34 motion to appoint counsel, without prejudice. (Yin, K)
October 17, 2012 Opinion or Order Filing 11 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Carolyn K. Delaney on 10/17/12 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Lamont Crossley to the clerk until the balance of  6;350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders ). (Dillon, M)
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Plaintiff: Lamont Crossley
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Defendant: Abe Niazi
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Defendant: Galloway
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Defendant: Todd
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Defendant: L. Heffner
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