Case: Stewart v. Gates

2:75-cv-03075 | U.S. District Court for the Central District of California

Filed Date: Sept. 11, 1975

Closed Date: Feb. 10, 2014

Clearinghouse coding complete

Case Summary

In 1975, pretrial detainees in the Orange County Jail filed a lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Central District of California, challenging the conditions of confinement at the Orange County Jail. Attorneys with the ACLU Foundation of Southern California represented Plaintiffs.In 1978, the District Court (Judge William P. Gray) found unconstitutional conditions of confinement at the jail and issued injunctive relief ordering reforms be implemented…

In 1975, pretrial detainees in the Orange County Jail filed a lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Central District of California, challenging the conditions of confinement at the Orange County Jail. Attorneys with the ACLU Foundation of Southern California represented Plaintiffs.

In 1978, the District Court (Judge William P. Gray) found unconstitutional conditions of confinement at the jail and issued injunctive relief ordering reforms be implemented in a number of areas. including: telephone access, visitation, law library access, mail, religious exercise, administrative segregation, meals, and sleeping accommodations. Stewart v. Gates, 450 F. Supp. 583 (C.D. Cal. 1978), remanded by Stewart v. Gates, 618 F.2d 117 (9th Cir. 1980). Judge Gray awarded attorney fees to Plaintiffs' counsel, but the Ninth Circuit Court of Appeals reversed and remanded the case for recalculation of fees. Stewart v. Gates, 987 F.2d 1450 (9th Cir. 1993) (Circuit Judge Robert R. Beezer).

At some point during the 1980s, a population cap and other remedial orders were added. Other than the issue of fees, we have little information on case activity from 1980 to 2003, when memoranda were filed by the Court's ombudsman and Plaintiffs alleging violations of the Court's orders.

On March 11, 2004, the District Court (Judge Gary L. Taylor) consolidated the case with Pierce v. County of Orange, No. 8:01-cv-00981 [JC-CA-0046]. On April 27, 2005, relying upon the 1996 Prison Litigation Reform Act and case law emphasizing prison administrators discretion, Judge Taylor vacated the previously entered remedial orders and dismissed the case.

Plaintiffs appealed, and on March 23, 2008, the U.S. Court of Appeals for the Ninth Circuit (Judge Betty B. Fletcher) partially reversed the district court's decision, ruling that the district court could not terminate its previous orders securing minimal access to religious services and exercise. The Court of Appeals also ruled that the County was in violation of the ADA because of disparate programs and services that were offered to disabled versus non-disabled inmates. The case was remanded for further fact-finding on the state of physical barriers to adequate access to bathrooms, showers, exercise areas, dayrooms, dining rooms, cells and all other areas to which disabled persons should have access, and to order remedial remedies as required.

On January 7, 2011, after a six-day bench trial, the Court (Judge Audrey B. Collins) confirmed the ADA sub-class as pretrial detainees with either a "mobility" or "dexterity" impairment, and made detailed findings of fact as to the conditions in the various facilities. After the parties offered proposed plans and comments, the Court entered judgment for the plaintiffs on June 28, 2011, accepting the defendant's final proposed plan for addressing the physical barriers identified in the factual findings and ensuring that disabled detainees were provided with equal access to programs, services, and activities as discussed therein.

Over the next year, the parties fought over attorneys' fees and issues regarding the Orange County Jail's compliance with the judgment. On February 10, 2014, Judge Collins terminated the ongoing order and injunctive relief, having found that the injunction was no longer necessary because the three areas in which plaintiffs sought to extend the injunction did not present current or ongoing violations and thus continued monitoring was no longer necessary.

Summary Authors

Timothy Shoffner (7/6/2012)

Related Cases

Pierce v. Orange County, Central District of California (2001)

Benson v. County of Orange, Central District of California (1990)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5804247/parties/jerry-e-stewart-v-brad-gates/


Judge(s)

Beezer, Robert R. (Washington)

Collins, Audrey B. (California)

Fletcher, Betty Binns (Washington)

Goldman, Marc L (California)

Gray, William Percival (California)

Kleinfeld, Andrew Jay (Alaska)

Kozinski, Alex (California)

Taylor, Gary L. (California)

Attorneys(s) for Plaintiff

Baltodano, Hernaldo J. (California)

Herman, Richard P. (California)

Judge(s)

Beezer, Robert R. (Washington)

Collins, Audrey B. (California)

Fletcher, Betty Binns (Washington)

Goldman, Marc L (California)

Gray, William Percival (California)

Kleinfeld, Andrew Jay (Alaska)

Kozinski, Alex (California)

Taylor, Gary L. (California)

Attorneys(s) for Plaintiff

Baltodano, Hernaldo J. (California)

Herman, Richard P. (California)

Jakes, Jill (California)

Keeny, Christy Virginia (California)

Litt, Barrett S. (California)

Miller, Bryan Barnet (California)

Okrand, Fred (California)

Smerling, Terry (California)

Stormer, Dan Lewis (California)

Teukolsky, Lauren K. (California)

Attorneys(s) for Defendant

Beach, Paul B (California)

Choi, Jin S (California)

Golden, Jack W. (California)

Harrell, S. Frank (California)

Kuyper, Adrian (California)

Lawrence, David D. (California)

Phillips, Wendy J. (California)

Roberts, Jason S. (California)

Sprenger, Christina M. (California)

Szu, Raymond (California)

Turner, James L. (California)

Wahlstedt , Arthur C. (California)

Weiss, Stefen H. (California)

Documents in the Clearinghouse

Document

2:75-cv-03075

Docket (PACER)

Feb. 10, 2014

Feb. 10, 2014

Docket

2:75-cv-03075

Memorandum of Decision

May 3, 1978

May 3, 1978

Order/Opinion

90-56080

[Ninth Circuit] Opinion [Reversing and Remanding the District Court's Award of Attorneys' Fees]

U. S. Court of Appeals for the Ninth Circuit

March 12, 1993

March 12, 1993

Order/Opinion
20

2:75-cv-03075

Order Vacating Earlier Orders and Dismissing Case

April 27, 2005

April 27, 2005

Order/Opinion

2:75-cv-03075

8:01-cv-00981

05-55845

05-55829

Amended [Ninth Circuit] Opinion [Affirming the Termination of All but Two of the Extant Orders]

Pierce v. County of Orange

U. S. Court of Appeals for the Ninth Circuit

May 15, 2008

May 15, 2008

Order/Opinion
63

2:75-cv-03075

Order [Regarding] Preliminary Trial Issues

Pierce v. County of Orange

May 7, 2010

May 7, 2010

Order/Opinion
67

2:75-cv-03075

Findings of Fact and Conclusions of Law [Ordering the County to Remedy ADA Violations]

Pierce v. County of Orange

Jan. 7, 2011

Jan. 7, 2011

Order/Opinion
75

2:75-cv-03075

Order on Defendant's Amended Final Plan Submitted Pursuant to the Court's June 27, 2011 Order

Pierce v. County of Orange

June 28, 2011

June 28, 2011

Order/Opinion
82

2:75-cv-03075

8:01-cv-00981

Order Re Amendments to Clarify Language in the Court's June 28, 2011 Final Order on Defendant's Proposed Plan

Pierce v. Orange County, Stewart v. Gates

July 30, 2012

July 30, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5804247/jerry-e-stewart-v-brad-gates/

Last updated Aug. 24, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
67

FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge Audrey B. Collins. (ir)

Jan. 7, 2011

Jan. 7, 2011

RECAP

MINUTES; Ex parte communication from party representative. The Court has received the attached ex parte letter from a representative of the Orange County Sheriffs Department. The attachments to the letter are not attached to this minute order. Although undoubtedly intended to be helpful, this sort of communication must come through counsel with proper notice to opposing parties. The Court orders all counsel to instruct their clients on the rules for dealing with their cases and ensure that the clients observe those rules. before Judge Gary L. Taylor : Court Reporter: n/a. (jag, ) (Entered: 02/23/2004)

April 25, 2003

April 25, 2003

Ombudsmans memorandum to the Court; Beatings and the Hunger Strike of July 2003. (jag, ) (Entered: 02/23/2004)

July 31, 2003

July 31, 2003

MEMORANDUM regarding Violation of Court Order filed by plaintiffs (jag, ) (Entered: 02/23/2004)

Sept. 26, 2003

Sept. 26, 2003

MEMORANDUM to the Court filed by plaintiffs (jag, ) (Entered: 02/23/2004)

Oct. 1, 2003

Oct. 1, 2003

PRIOR TO 3/11/04 THIS CASE HAD NO CONTROL NUMBERS.(lm ) (Entered: 03/12/2004)

March 11, 2004

March 11, 2004

1

SCHEDULING ORDER, AND ORDER FOR CONSOLIDATION AND REVIEW by Judge Gary L. Taylor. Discovery cutoff 8/5/04; Pretrial conference 11/5/04 at 1:30 p.m. Trial month December 2004 (exact date to be assigned at pretrial conference). On the court's own motion, the court orders that Stewart v. Gates, CV 75−3075, is consolidated with Pierce v. County of Orange, SACV 01−981 GLT(MLGx), for purposes of the December 2004 trial hearing. The court waives normal discovery time limits to permit the parties to agree to any acceleration of discovery that might be appropriate.(twdb, ) (Entered: 03/12/2004)

March 11, 2004

March 11, 2004

2

MINUTES In Chambers ; preparation Status Conferences. By order of 3/11/04 the court sets December 2004 trial on remaining Pierce issues and simultaneous hearing to review existing Stewart orders, preceded by August and September 2004 briefing on designated topics. In order to prepare for the briefing and hearing on the matters, the court sets two additional conferences: On 3/29/04 at 11:00 a.m. the court will conduct a status conference to discuss, and answer any questions about, the scope of the December trial hearing and the briefing to precede it. On 7/26/04, at 11:00 a.m. the court will conduct a status conference with counsel to discuss counsels' preparation for the briefing to be filed shortly thereafter: before Judge Gary L. Taylor : Court Reporter: not present. (twdb, ) (Entered: 03/18/2004)

March 17, 2004

March 17, 2004

3

MINUTES In Chambers; Status Conference. Cause called for hearing. Court and counsel discuss the status of this case and the future briefing. The court sets this matter for trial. Trial set for 11/30/2004 09:00 AM before Honorable Gary L. Taylor. Court Reporter: Deborah Parker. (twdb, ) (Entered: 03/30/2004)

March 29, 2004

March 29, 2004

4

MINUTES In Chambers; Pending over−all review of Stewart Orders. Confirming the clarification stated at the 3/29/04, status conference: the December 2004 hearing will include an over−all review of all existing Stewart orders, rather than simply those Stewart orders that may apply to the Pierce case; before Judge Gary L. Taylor : Court Reporter: none present. (twdb, ) (Entered: 04/05/2004)

April 2, 2004

April 2, 2004

5

MINUTES In Chambers. Status conference. Cause is called for hearing with counsel present. Court and counsel discuss the status of this case and the briefing schedule before Judge Gary L. Taylor :Court Reporter: Deborah Parker. (twdb, ) (Entered: 07/27/2004)

July 26, 2004

July 26, 2004

7

MINUTES OF Final Pretrial Conference held before Judge Gary L. Taylor :, motions in limine to be filed by 11/12/04, oppositions by 11/19/04. Witness statements, amended witness and exhibit lists by 11/23/04, closing arguments by briefingCourt Reporter: D Parker. (dmjr, ) (Entered: 11/09/2004)

Nov. 3, 2004

Nov. 3, 2004

8

MINUTES OF Pretrial Conference held before Judge Gary L. Taylor : The Court allocates 6 days for the trial, with the time divided equally. All motions in limine shall be filed and personally served, faxed, or emailed by the close of business on or before 11/12/04. All oppositions shall be filed and personally served, faxed or emailed by the close of business on or before 11/19/04, whereupon the motions stand submitted. All witness statements (subject to cross−exmaination at time of trial), the trial brief, amended witness and exhibits lists shall be filed with the Court and personally served, faxed or emailed by the close of business on or before 11/23/04. Court Reporter: D Parker. (dmjr, ) (Entered: 12/06/2004)

Nov. 3, 2004

Nov. 3, 2004

Judge Gary L. Taylor added. Judge Consuelo B. Marshall no longer assigned to case. (dmjr, ) (Entered: 11/09/2004)

Nov. 9, 2004

Nov. 9, 2004

13

MINUTES Ruling on Motions in Limine, IN CHAMBERS ORDER by Judge Gary L. Taylor : Court Reporter: not present. (twdb, ) (Entered: 12/14/2004)

Nov. 22, 2004

Nov. 22, 2004

9

MINUTES Court Trial (1st day )held before Judge Gary L. Taylor : Opening statements made by each side. Witnesses called, sworn and testified. Exhibits identified. Exhibits admitted. Motion of plaintiff to strike defendants trial brief is ORDERED DENIED. Plaintiffs' due process objection (filed 11/24/04) to allotted time for trial is DENIED. The court orders subpoenaed witnesses Pierpont, Palacios, Carisma and Lee be placed on call to counsel for the defendants and are ordered to return upon notice from counsel. Case continued for further jury deliberations Bench Trial set for 12/1/2004 09:00 AM before Honorable Gary L. Taylor.Court Reporter: Deborah Parker. (twdb, ) (Entered: 12/08/2004)

Nov. 30, 2004

Nov. 30, 2004

10

MINUTES Court Trial (2nd day )held before Judge Gary L. Taylor : Witnesses called, sworn and testified. Exhibits identified. Exhibits admitted. Case continued for further trial. Bench Trial set for 12/2/2004 09:00 AM before Honorable Gary L. Taylor.Court Reporter: Deborah Parker. (twdb, ) (Entered: 12/08/2004)

Dec. 1, 2004

Dec. 1, 2004

11

MINUTES Court Trial (3rd day )held before Judge Gary L. Taylor : Witnesses called, sworn and testified. Exhibits identified. Exhibits admitted. Case continued for further trial. Bench Trial set for 12/3/2004 08:00 AM before Honorable Gary L. Taylor.Court Reporter: Deborah Parker. (twdb, ) (Entered: 12/08/2004)

Dec. 2, 2004

Dec. 2, 2004

12

MINUTES Court Trial (4th day )held before Judge Gary L. Taylor : Witnesses called, sworn and testified. Exhibits identified. Exhibits admitted. Plaintiffs rest subject to court considering excerpts of deposition testimony. Defendant reserves right to make a motion upon the court's consideration of the excerpts of testimony. Case continued for further trial. Bench Trial set for 12/7/2004 09:00 AM before Honorable Gary L. Taylor.Court Reporter: Deborah Parker. (twdb, ) (Entered: 12/08/2004)

Dec. 3, 2004

Dec. 3, 2004

18

MINUTES Court Trial (5th day )held before Judge Gary L. Taylor : Witnesses called, sworn and testified. Exhibits identified. Exhibits admitted. Motion of defendant for judgment as matter of law is DENIED. Case continued to 12/8/04 at 9:00 a.m. for further trial.Court Reporter: Deborah Parker/John Turman. (twdb, ) (Entered: 12/16/2004)

Dec. 7, 2004

Dec. 7, 2004

19

MINUTES Court Trial (6th day )held before Judge Gary L. Taylor : Witnesses called, sworn and testified. Exhibits identified. Exhibits admitted. Defendant rests. By stipulation of the parties, the closing arguments shall be by briefs. Plaintiffs' brief shall be filed and personally served, faxed or emailed on opposing counsel on or before 12/17/04. Defendant's brief shall be filed and personally served, faxed or emailed on opposing counsel on or before 1/7/05. Plaintiffs' closing brief shall be filed and personally served, faxed or emailed on opposing counsel on or before 1/18/05 whereupon the matter stands submitted. Submitted.Court Reporter: Deborah Parker. (twdb, ) (Entered: 12/16/2004)

Dec. 8, 2004

Dec. 8, 2004

16

TRANSCRIPT filed for proceedings held on 11/1/04. Court Reporter: Deborah Parker. (ghap, ) (Entered: 12/15/2004)

Dec. 10, 2004

Dec. 10, 2004

17

TRANSCRIPT filed for proceedings held on 7/26/04. Court Reporter: Deborah Parker. (ghap, ) (Entered: 12/15/2004)

Dec. 10, 2004

Dec. 10, 2004

14

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 12/8/04 Court Reporter: Katherine Stride. (ghap, ) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

20

ORDER VACATING EARLIER ORDERS AND DISMISSING CASE by Judge Gary L. Taylor: The Stewart orders are VACATED. This case is DISMISSED. (see document for further details)(mu, ) (Entered: 04/27/2005)

April 27, 2005

April 27, 2005

21

LIST OF EXHIBITS AND WITNESSES at trial. (ca, ) (Entered: 04/29/2005)

April 27, 2005

April 27, 2005

22

RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies) Except the following exhibits: (none listed). (mu, ) (Entered: 05/11/2005)

May 10, 2005

May 10, 2005

23

NOTICE OF APPEAL to 9th CCA filed by plaintiffs Jerry E Stewart, Fred Pierce, Timothy Lee Conn, Fermin Valenzuela, Laurie D. Ellerston. Appeal of Order 20 Filed On: 4/27/05; Entered On: 4/27/05; Filing fee $255, Paid receipt number 9527. cc: Barrett S. Litt; Virginia Keeny; Richard P. Herman; Franscell, Strickland, Robert and Lawrence, Glendale, California; Franscell, Strickland, Robert and Lawrence, Orange, California; Steven Miller. (ghap, ) (mkr). (Entered: 05/31/2005)

May 26, 2005

May 26, 2005

24

REPRESENTATION STATEMENT re Appeal to Circuit Court, 23 . (ghap, ) (mkr). (Entered: 05/31/2005)

May 26, 2005

May 26, 2005

Civil Appeals Docketing Statement received from plaintiffs Jerry E Stewart, Fred Pierce, Timothy Lee Conn, Fermin Valenzuela, Laurie D. Ellerston forwarded to 9th CCA. RE: Appeal to Circuit Court, 23 . (ghap, ) (Entered: 05/31/2005)

May 26, 2005

May 26, 2005

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, 23 . (ghap, ) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

25

TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 11/30/04, 12/01/04, 12/02/04 (afternoon only), 12/03/04, 12/07/04, 12/08/04 (morning only), 11/03/04, 11/01/04, 3/5/05, 7/30/04, 11/01/01, 12/02/04, CR: D. Parker; Court Reporter: 12/08/04, CR: K. Stride ; 12/07/04k, CR: J. Turman; Court of Appeals Case Number: 05−55845; Re: Appeal to Circuit Court, 23 , Transcript 16 (fvap, ) (Entered: 06/22/2005)

June 21, 2005

June 21, 2005

26

NOTIFICATION by Circuit Court of Appellate Docket Number 05−55845, 9th CCA regarding Appeal to Circuit Court, 23 filed by Jerry E Stewart,. (nm, ) (Entered: 06/27/2005)

June 27, 2005

June 27, 2005

27

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 3/29/04, 11/30/04, 12/1/04, 12/2/04, 12/3/04, 12/7/04, 12/8/04 regarding Transcript 589 , Transcript 590 , Transcript 591 , Transcript 592 , Transcript 586 , Transcript 587 , Transcript 588 . Court Reporter: Deborah D Parker. (mu, ) (SACV 01−981 GLT) (fvap (fvap, ) (Entered: 08/02/2005)

July 21, 2005

July 21, 2005

28

ORDER from 9th CCA filed as to Appeal to Circuit Court 23 filed by Jerry E Stewart, CCA # 05−55845. Order received in this district on 11/16/2005. The appellees motion for an extension of time in which to file the answering briefs is granted. The answering briefs are due 2/13/2006. The optional reply briefs are due 14 days after service of the latter−served answering brief. (jp, ) (Entered: 11/18/2005)

Nov. 14, 2005

Nov. 14, 2005

29

MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 23 , CCA # 05−55845. The Judgment is Affirmed in part, Reversed in part, Remanded. Mandate received in this district on 5/23/08. (car) (Entered: 06/02/2008)

May 23, 2008

May 23, 2008

30

NOTICE OF REASSIGNMENT OF CASE upon Receipt of Mandate filed. This case having been returned on a mandate from the 9th CCA, Affirned in part, reversed in part and remanded the decision of Judge Gary L. Taylor and requiring judicial action, this case has been reassigned to Judge Audrey B. Collins for all further proceedings. Case number will now read CV 75−3075 ABC. (rn) (Entered: 11/20/2008)

Nov. 20, 2008

Nov. 20, 2008

31

MINUTES: (IN CHAMBERS) Following reversal and remand by the Ninth Circuit Court of Appeals, this action has been reassigned to the calendar of The Honorable Audrey B. Collins, U.S. District Judge. This Court hereby schedules aStatus Conference on Monday, January 5, 2009, at 10:00AM. Counsel shall submit a joint status report to the Court no later than December 29, 2008 by Judge Audrey B. Collins (Case reopened. MD JS−5.) (ir) (Entered: 12/04/2008)

Dec. 3, 2008

Dec. 3, 2008

32

STIPULATION AND ORDER by Judge Audrey B. Collins: the Status Conference is continued to January 22,2009 03:00 AM before Judge Audrey B. Collins. The status report shall be filed on week prior to that date. IT IS SO ORDERED. (da) (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

33

Amended ORDER by Judge Audrey B. Collins: the Status Conference is continued to Thursday, January 22,2009 03:00 PM before Judge Audrey B. Collins. The joint status report shall be filed one week prior to that date. IT IS SO ORDERED. (da) (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

34

MINUTES of Status Conference held before Judge Audrey B. Collins: The Court ORDERS the stay lifted. Counsel shall submit a stipulation of proposed motion cut−off, Pre Trial Conference and Trial dates, by January 30, 2009. Counsel shall contact the Clerk to Magistrate Judge Goldman to schedule a mediation conference. Counsel shall inform the Court on the outcome of mediation, as to claims, as well as to attorney fees, if successfully mediated. Counsel shall submit briefs regarding the number of disabled inmates deposed and county personnel deposed. The brief shall indicate how many testified at trial or by deposition, subject to HIPPA provision. The briefs shall be limited to 10 pages, due no later than February 5, 2009. The reply is limited to 5 pages, due no later than February 12, 2009. The Court approves designation of experts and inspection of all facilities, and programs within the Orange County Sheriff's jurisdiction. Counsel is directed to contact the Clerk of Court regarding the Application to tax costs. Court Reporter: Katherine Stride. (mg) (Entered: 01/28/2009)

Jan. 22, 2009

Jan. 22, 2009

35

MINUTES (IN CHAMBERS) by Judge Audrey B. Collins: Pursuant to the stipulation of the parties, the following dates are set: Jury Trial set for 9/8/2009 at 08:30 AM before Judge Audrey B. Collins. Final Pretrial Conference set for 8/24/2009 at 10:00 AM. Law and Motion Cut−off 6/8/2009. Discovery cut−off 6/4/2009. Expert Designation Rebuttal and Reports 6/15/09. (mg) (Entered: 02/04/2009)

Feb. 3, 2009

Feb. 3, 2009

36

NOTICE of Change of Attorney Information for attorney Wendy J Phillips counsel for Defendant Brad Gates. Changing wendy.phillips@coco.ocgov.com to 714−834−2359. Adding Wendy Phillips as attorney as counsel of record for Brad Gates for the reason indicated in the G−06 Notice. Filed by defendant Brad Gates (Phillips, Wendy) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

37

NOTICE of Association of Counsel Filed by Defendant Brad Gates (Phillips, Wendy) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

38

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: account information was not updated RE: Notice of Change of Attorney Information (G−06) 36 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

39

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: account information has not been updated re David Lawrence and Jin Choi RE: Notice of Association of Counsel 37 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

40

NOTICE of Change of Attorney Information for attorney Jack W Golden counsel for Defendant Brad Gates. Adding Wendy J. Phillips as attorney as counsel of record for Brad Gates for the reason indicated in the G−06 Notice.Steven C. Miller is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G−06 Notice. Filed by Defendant Brad Gates (Golden, Jack) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

41

MINUTES OF IN CHAMBERS ORDER MODIFYING CASE SCHEDULE held before Judge Audrey B. Collins: The parties stipulated to modify the discovery cut−off dates in this matter. Accordingly, pursuant to the parties' stipulation, the Court MODIFIES the discovery deadlines as follows: Discovery Cut−off July 10, 2009; Initial Expert Disclosures July 10, 2009; Rebuttal Expert Disclosures July 24, 2009; Expert Discovery Completion August 14, 2009. The parties did not stipulate or propose new dates for filing dispositive motions, currently set for June 8, 2009, the pre−trial conference, currently set for August 24, 2009, or trial, currently set for September 8, 2009. Accordingly, the Court MODIFIES those dates as follows: Law & Motion Filing Cut−off August 31, 2009; Pre−trial Conference November 16, 2009 at 10:00 a.m.; Trial December 1, 2009 at 8:30 a.m. In the future, the parties should modify all affected dates when submitting stipulations and proposed orders. (bm) (Entered: 05/18/2009)

May 18, 2009

May 18, 2009

42

MINUTES OF IN CHAMBERS ORDER Re: Plaintiffs' Motion for Attorneys' Fees held before Judge Audrey B. Collins: The hearing in this matter is presently scheduled for Monday, September 14, 2009. Due to court congestion, the Court hereby CONTINUES the hearing to Monday, November 9, 2009, at 10:00 a.m. (bm) (Entered: 09/10/2009)

Sept. 8, 2009

Sept. 8, 2009

43

MINUTES: Motion for Attorney's Fees; STatus Conference (In Chambers); Pending before the Court is Plaintiffs motion for attorneys fees and costs, set for hearing on November 9, 2009 at 10:00 a.m. The Court finds the matter appropriate for resolution without oral argument and VACATES the November 9, 2009 hearing date on the motion. Fed. R. Civ. P. 78; Local Rule 7−15.The pretrial conference in this matter is currently set for Monday, November 16, 2009 and the trial is set for December 1, 2009. The Court is unavailable for trial commencing on December 1, 2009. Therefore, the parties are ORDERED to appear before the Court on November 9, 2009 at 10:00 a.m. for a status conference to discuss proposed new pretrial and trial dates in early 2010.Finally, the Court notes that, on October 9, 2009, it ordered Plaintiffs to file a declaration by October 19, 2009 indicating whether the Ninth Circuit Commissioner had made any recommendation on Plaintiffs claims for attorneys fees on appeal. (Docket No. 674.) Plaintiffs filed nothing in response to the Courts order. Plaintiffs should be prepared to explain why they failed to comply with the Courts order and to update the Court on the status of its fee award with the Ninth Circuit Commissioner IT IS SO ORDERED by Judge Audrey B. Collins. (ir) (Entered: 11/05/2009)

Nov. 5, 2009

Nov. 5, 2009

44

MINUTES: STATUS CONFERENCE; Case called. Counsel make their appearance. Plaintiffs counsel updates the Court regarding settling principal damages. The Court and counsel confer. The Court ORDERS the Pretrial Conference set January 25, 2010 at 10:00 a.m. The Court Trial estimate is 3−4 days. The Court Trial is set starting February 9, 2010 at 9:00 a.m. to February 10, 2010 and continuing to February 16, 2010 to February 17, 2010. If the court is not available on the above dates for trial, backup dates are starting March 23, 2010, March 24, 2010 and continuing to March 30, 2010 and March 31, 2010.The Court will wait for the full amount to address plaintiffs motion for attorney fees and costs previously taken under submission November 6, 2009IT IS SO ORDERED by Judge Audrey B. Collins Judge Audrey B. Collins.Court Reporter: Sandra Becerra. (ir) (Entered: 11/12/2009)

Nov. 9, 2009

Nov. 9, 2009

45

MINUTES: FINAL PRE TRIAL CONFERENCE; PLAINTIFFS MOTION IN LIMINE TOEXCLUDE AND/OR LIMIT TRIAL TESTIMONY OF DEFENSE EXPERT MICHAEL GIBBENS [E−FILED 11/2/09−DOC #677]; Matter called. Counsel are present. Defendants counsel represents to the Court that the opposition to the motion in limine listed above will be e−filed within the trial brief. Court informs counsel of all papers received with respect to the Court trial. Court and counsel confer regarding hours deemed for Court trial. Courts amends pretrial conference order with respect to length of trial in open Court. Each side will have 11hours for opening, direct, cross−examination, and closing. Court and counsel confer regarding direct evidence by deposition to be presented at trial. Court signs pretrial conference order in open Court. Court and counsel confer regarding Court trial dates. The Court having heard from counsel, hereby dismisses the back up trial dates of March 30, 2010 and March 31, 2010. Counsel for plaintiffs and defendants are hereby ORDERED to appear on February 9, 2010 at 8:45 a.m., for Court trial, this date will take precedence over all other dates set. IT IS SO ORDERED by Judge Audrey B. Collins.Court Reporter: Katherine Stride. (ir) (Entered: 02/01/2010)

Jan. 25, 2010

Jan. 25, 2010

46

PRETRIAL CONFERENCE ORDER approved by Judge Audrey B. Collins (ir) Modified on 2/1/2010 (ir). (Entered: 02/01/2010)

Jan. 25, 2010

Jan. 25, 2010

47

MINUTES OF IN CHAMBERS ORDER re Bench Trial held before Judge Audrey B. Collins: This matter is set for a bench trial scheduled to commence on February 9, 2010 at 8:45 a.m. At the final pre−trial conference held on January 25, 2010, the Court allowed each side 11 hours for opening, direct, cross−examination, and closing. The Court and counsel tentatively discussed the possibility that direct testimony of experts and other witnesses could be presented by way of expert reports and deposition transcripts, and cross−examination and redirect testimony would be presented live. However, the Court has reviewed the pre−trial filings from the parties and believes that live direct testimony will be helpful to resolution of this matter. Thus, the Court will give each side up to two additional hours beyond the 11 hours already given to present the direct testimony of expert and other witnesses. The previously set additional trial dates of March 23 and March 24, 2010 remain effective, since presentation of evidence may go beyond the four dates of February 9, 10, 16, and 17, 2010 already set by the Court. (bm) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

48

MINUTES OF COURT TRIAL (1st Day) held before Judge Audrey B. Collins. Opening statements made. Witneses called, sworn and testified. Exhibits identified and admitted. Bench Trial continued to 2/10/2010 at 8:45 AM. Other: Doc #677, In Limine Motion, by plaintiff to exclude defense expert Michael Gibbons is DENIED and to limit trialtestimony of defense expert Michael Gibbens is GRANTED. Court Reporters: Katherine Stride − AM/Lisa Gonzalez − PM. (bm) (Entered: 02/12/2010)

Feb. 9, 2010

Feb. 9, 2010

49

MINUTES OF Court Trial (2nd day) held before Judge Audrey B. Collins: Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Bench Trial continued to 2/16/2010 at 8:45 AM. Court Reporters: Katherine Stride − AM/Lisa Gonzalez − PM. (bm) (Entered: 02/12/2010)

Feb. 10, 2010

Feb. 10, 2010

50

MINUTES OF Court Trial (3rd day)held before Judge Audrey B. Collins: Witnesses called, sworn and testified. Exhibits identified and admitted. Bench Trial continued to 2/17/2010 at 8:45 AM. Court Reporters: Katherine Stride − AM/Lisa Gonzalez − PM. (bm) (Entered: 02/18/2010)

Feb. 16, 2010

Feb. 16, 2010

51

MINUTES: 4th Day Court Trial; Held and continued; Witnesses called, sworn and testified. Exhibits identified. Case continued to Tuesday, 3/23/2010 08:45 AM for further trial/further jury deliberations by Judge Audrey B. Collins.Court Reporter: Katherine Stride. (ir) (Entered: 02/22/2010)

Feb. 17, 2010

Feb. 17, 2010

52

MINUTES OF Court Trial (5th day )held before Judge Audrey B. Collins: Witnesses called, sworn and testified. Exhibits identified and admitted. Bench Trial continued to 3/24/2010 at 9:00 AM. Court Reporters: Katherine Stride − AM, Lisa Gonzalez − PM. (bm) (Entered: 03/25/2010)

March 23, 2010

March 23, 2010

53

MINUTES OF Court Trial (6th Day) held and completed before Judge Audrey B. Collins: Witnesses called, sworn and testified. Exhibits identifed and admitted. Plaintiff(s) rest. Defendant(s) rest. Filed Witness & Exhibit Lists. Case submitted. Briefs to be filed by April 15, 2010; Responsive briefs to opposing counsel briefs due April 22, 2010. Other: The Court addresses its tentative minute order issued to counsel this morning. Court Reporter: Lisa Gonzalez − AM. (bm) (Entered: 03/25/2010)

March 24, 2010

March 24, 2010

54

LIST OF EXHIBITS AND WITNESSES at trial. (bm) (Entered: 03/25/2010)

March 24, 2010

March 24, 2010

55

AMENDED JOINT Exhibit List filed by plaintiffs and defendants Robert W Battin, William Brown, Ralph B Clark, Ralph A Diedrich, Brad Gates, Thomas F Riley, Lawrence J Schmit, Richard Eugene Smith, Jerry E Stewart, William Wallace, Kenneth Wilson, Susan Young. (bm) (Entered: 03/25/2010)

March 24, 2010

March 24, 2010

56

Plaintiff's Witness List filed by plaintiff William Brown, Richard Eugene Smith, Jerry E Stewart, Kenneth Wilson, Susan Young. (bm) (Entered: 03/25/2010)

March 24, 2010

March 24, 2010

57

Defendant's Witness List filed by defendant Robert W Battin, Ralph B Clark, Ralph A Diedrich, Brad Gates, Thomas F Riley, Lawrence J Schmit, William Wallace. (bm) (Entered: 03/25/2010)

March 24, 2010

March 24, 2010

59

MINUTES OF IN CHAMBERS ORDER re: Briefing Following Bench Trial held before Judge Audrey B. Collins: During the course of the bench trial in this matter, the parties have raised several issues that the Court and the parties have agreed would be best resolved with the aid of written briefs filed by the parties prior to the parties' filing of proposed findings of fact and conclusions of law. Those issues are: (1) the scope of the issues remanded by the Ninth Circuit Court of Appeals; (2) what accessibility guidelines apply to the Orange County jail facilities; (3) whether the Pretrial Conference Order includes Plaintiffs' claim of lack of notice and grievance procedure under the ADA; and (4) whether certain expert testimony must be stricken from the record. (see document for further details) The parties agreed to the Court's proposed briefing schedule that the parties would file simultaneous opening briefs addressing these issues no later than Thursday, April 15, 2010 and file simultaneous responding briefs no later than Thursday, April 22, 2010. The Court declines to set oral argument at this time, see Fed. R. Civ. P. 78; Local Rule 7−15, but it may do so. Any argument on these issues would be in addition to closing arguments. Once these matters are resolved, the Court will consult with the parties on the proposed schedule moving forward with proposed findings of fact and conclusions of law and closing arguments. (bm) (Entered: 03/25/2010)

March 24, 2010

March 24, 2010

60

NOTICE of Change of Attorney Information for attorney Hernaldo Jose Baltodano counsel for Plaintiffs Richard Eugene Smith, Jerry E Stewart, Kenneth Wilson, Susan Young.Hernaldo Jose Baltodano is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G−06 Notice. Filed by Attorney Hernaldo Jose Baltodano (Baltodano, Hernaldo) (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

61

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 23 filed by Jerry E Stewart, CCA # 05−55845. Order received in this district on 5/4/10. The appellate Commissioner's report and recommendation is adopted in full. Accordingly, attorneys' fees of $143,472.60 are awarded in favor of Fred Pierce, Timothy Lee Conn, Fermin Valenzuela, and Laurie D. Ellerston and against the County of Orange, Michael S. Carona, and the other appellees (cbr) (Entered: 05/04/2010)

May 4, 2010

May 4, 2010

63

ORDER RE: PRELIMINARY TRIAL ISSUES by Judge Audrey B. Collins. (bm) (Entered: 05/10/2010)

May 7, 2010

May 7, 2010

62

MINUTES OF IN CHAMBERS ORDER re: Reopening Trial and Post−Trial Proceedings held before Judge Audrey B. Collins: On March 24, 2010, the Court ordered the parties to brief several issues following the bench trial in this case, which the Court has resolved in a concurrently issued Order. Pursuant to that Order, the Court will reopen trial proceedings to give each side one (1) hour to present evidence on the issue of whether Plaintiffs "were denied adequate notice of their rights under the ADA and an appropriate grievance procedure, as required by the regulations." Pierce v. County of Orange, 526 F.3d 1190, 1223 (9th Cir. 2008) (citing 28 C.F.R. §§ 35.106, 35.107). After receiving input from the parties, the Court will also set a schedule for the parties to give closing arguments and to file their proposed findings of fact and conclusions of law. The Court will holding closing arguments first. Plaintiffs will be given ninety minutes to present their closing arguments, and the County will be given ninety minutes to respond with its closing arguments. The parties are ORDERED to meet and confer and lodge a proposed order no later than Monday, May 17, 2010, proposing the following dates1: (1) the date on which each side will present an additional one (1) hour of evidence on the notice and grievance issue; (2) the date of closing arguments; and (3) the schedule for submitting proposed findings of fact and conclusions of law after closing arguments. In setting the briefing schedule after closing arguments, the parties should allow themselves at least three weeks between each brief. Plaintiffs will then be given twenty minutes for rebuttal. The parties will then submit their findings offact and conclusions of law. Because Plaintiffs bear the ultimate burden of proof, Plaintiffs will submit their findings and conclusions first, and the County may file its own findings and conclusions in response. Plaintiffs may then have an opportunity to file a reply. The parties are ORDERED to meet and confer and lodge a proposed order no later than Monday, May 17, 2010, proposing the following dates: (1) the date on which each side will present an additional one (1) hour of evidence on the notice and grievance issue; (2) the date of closing arguments; and (3) the schedule for submitting proposed findings of fact and conclusions of law after closing arguments. In setting the briefing schedule after closing arguments, the parties should allow themselves at least three weeks between each brief. In setting dates for proceedings to be held in Court, the parties should be aware that, because of duties as Chief Judge, the Court is unavailable on May 19 through May 26, June 11, July 7 through July 9, August 16 through August 20, and August 27 through September 6, 2010. (bm) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

65

MINUTES OF Court Trial (7th (Post) day )held before Judge Audrey B. Collins: Witnesses called, sworn and testified. Exhibits identified and admitted. Filed Witness & Exhibit Lists. Bench Trial continued to 6/23/2010 at 8:45 AM. Other: Post Court trial held re: further evidence with respect to plaintiffs' denial of adequate notice of rights under ADA and appropriate grievance procedure; case continued for further closing arguments to June 23, 2010 at 8:45 a.m. Court Reporter: Katherine Stride. (bm) (Entered: 09/22/2010)

June 10, 2010

June 10, 2010

66

MINUTES OF Court Trial (8th Day Post) held and completed before Judge Audrey B. Collins: Other: Post Court trial closing arguments held; Counsel reminded that the plaintiffs proposed findings of fact & conclusion of law due July 15, 2010; defendants' due August 5, 2010; plaintiffs' rebuttal or reply brief due August 26, 2010. Court Reporter: Katherine Stride. (bm) (Entered: 09/22/2010)

June 23, 2010

June 23, 2010

64

MINUTE ORDER IN CHAMBERS STRIKING Defendant's Objections to Plaintiff's Proposed Findings of Fact (Docket No. 745) by Judge Audrey B. Collins: On August 24, 2010, Defendants County of Orange, et al. (the "County"), filed a document entitled "Defendant's Objections to Plaintiff's Proposed Findings of Fact." (Docket No. 745.) The filing of this document violates the post−trial briefing schedule set by the Court, which allowed the County until August 5, 2010 to file its proposed findings of fact and conclusions of law. Moreover, the County offers no explanation why it waited nearly six weeks after Plaintiffs filed their proposed findings of fact on July 15, 2010 to file purported objections to them. The document is STRICKEN and the Court has not considered the matters stated therein. (bm) (Entered: 08/25/2010)

Aug. 25, 2010

Aug. 25, 2010

68

MINUTE ORDER IN CHAMBERS re ORDER Granting Leave for Defendant to File Reply Brief and Continuing Hearing and Status Conference by Judge Audrey B. Collins: The Court has reviewed both Defendant County of Orange's (the "County's") Proposed Plan in response to the Court's Findings of Fact and Conclusions of Law (Docket No. 753) and Plaintiffs Fred Pierce, et al.'s Reply (Docket No. 754). The Court believes that a response from the County to Plaintiffs' Reply would be helpful and GRANTS the County LEAVE to file a responsive brief no later than Monday, April 11, 2011. The Court CONTINUES the hearing and status conference in this matter to Monday, April 25, 2011 at 10:00 a.m. The parties are strongly encouraged to meet and confer to discuss the issues raised by Plaintiff's reply brief and resolve as much as possible before the County files its response. (bm) (Entered: 03/15/2011)

March 15, 2011

March 15, 2011

69

ORDER FOR A BRIEF EXTENSION TO RESPOND To Plaintiffs' Objections To The Proposed ADA Plan by Judge Audrey B. Collins: Pursuant to the agreement of the parties, Defendant's Ex Parte Application, and good cause appearing therefor, IT IS HEREBY ORDERED as follows: 1. Defendant is granted through and including April 25, 2011 to submit its responsive briefing. 2. The hearing currently scheduled for April 25, 2011, is continued to May 23, 2011, at 10:00 a.m., in Courtroom 680, of the United States District Court, located at 255 East Temple Street, Los Angeles, CA 90012. (bm) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

70

ORDER FOR 1. AN EXTENSION OF THE PAGE LIMIT FOR DEFENDANTS BRIEFING, AND 2. A FOUR−DAY EXTENSION TO RESPOND TO PLAINTIFFS' OBJECTIONS TO THE PROPOSED ADA PLAN by Judge Audrey B. Collins:IT IS HEREBY ORDERED as follows: 1. An extension of the standard page limit to 45 pages to submit the County's revised proposed ADA Plan as well as its direct responses to each of Plaintiffs' objections to the prior proposed ADA Plan. 2. Defendant is granted through and including May 2, 2011 to submit its responsive briefing. granting 760 Ex Parte Application in SA CV 01−981 ABC. (lw) (Entered: 04/22/2011)

April 20, 2011

April 20, 2011

71

MINUTE ORDER IN CHAMBERS by Judge Audrey B. Collins:A hearing is set for Monday, May 23, 2011 at 10:00 a.m. for the parties to discuss the outstanding objections to the Countys Amended Plan, filed on May 2, 2011. (Docket No. 762.) The Court has prepared a tentative Order addressing the issues outlined in the Countys Compendium of Plaintiffs Objections (Docket No. 763), which the Court will send to the parties via email concurrently with this Minute Order. The parties are ORDERED to review the Courts tentative Order and bring copies of it, the Countys Amended Plan, and the Compendium of Plaintiffs Objections to the hearing. The parties should also be prepared to discuss the Countys proposal to appoint Stephen Connolly as monitor and any alternate proposal from Plaintiffs, including the identity of any alternate monitorproposed by Plaintiffs. IT IS SO ORDERED (ab) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

72

MINUTES OF Status Conference held Re: Outstanding Objections To The Amended Plan before Judge Audrey B. Collins: Court inquires with counsel as to tentative given prior to Court appearance via− email. Court and counsel confer regarding tentative with respect to certain rulings on objections. The Court having heard from counsel, allows counsel for defendant to file supplemental material as to ruling on numbers 27 and 41 of the Courts tentative due by no later than June 6, 2011. Plaintiff may e−file response no later than June 10, 2011. Court and counsel discuss appointment of monitor. The Court declines appointment of Stephen J. Connolly and Heidi Olguin. Counsel ORDERED to meet and confer to exchange names as to appointment of a monitor by June 2, 2011, and submit name to the Court by June 6, 2011. Court and counsel discuss judgment of final plan. Counsel for defendant ORDERED to submit final plan and judgment by no later than June 23, 2011. Court and counsel discuss verbiage to be used in judgment. Plaintiff will have until June 28, 2011 to submit any objections to the plan and final judgment. The Court will sign judgment thereafter if, no objections have been submitted. Court Reporter: Katherine Stride. (lw) (Entered: 05/24/2011)

May 23, 2011

May 23, 2011

73

RULINGS ON FINAL OBJECTIONS TO AMENDED PLAN (Docket No. 763) by Judge Audrey B. Collins: The County is ORDERED to submit a final plan and judgment consistent with the Court's rulings herein no later than June 23, 2011. Plaintiffs may respond to the proposed plan no later than June 28, 2011, although the Court encourages Plaintiffs to respond earlier to ensure the Court can enter final judgment by June 28, 2011. (see document for further details) (bm) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

74

MINUTE ORDER IN CHAMBERS RE Final Proposed Plan and Final Judgment by Judge Audrey B. Collins: The County is ORDERED to lodge the Proposed Final Plan consistent with the Order by 12 p.m. (noon) on Tuesday, June 28, 2011. (see document for further details) (bm) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

75

ORDER ON DEFENDANT'S AMENDED FINAL Plan Submitted Pursuant To The Court's June 27, 2011 Order by Judge Audrey B. Collins. (bm) (Entered: 06/28/2011)

June 28, 2011

June 28, 2011

77

MINUTE ORDER IN CHAMBERS RE Letter from Pretrial Detainee by Judge Audrey B. Collins: On August 1, 2011, the Court received a letter from John Whitaker, a pretrial detainee in the Orange County jail system and a class member in this case. Under Local Rule 83−2.11, "[a]ttorneys or parties to any action or proceeding shall refrain from writing letters to the judge...All matters shall be called to a judge's attention by appropriate application or motion filed in compliance with the[] Local Rules." This letter does not comply with the Local Rules, so the Court REJECTS it for filing. Nevertheless, the Court has read the letter and informs Mr. Whitaker that he should contact the attorneys representing the class members in this case to address the

Aug. 2, 2011

Aug. 2, 2011

79

MINUTE ORDER IN CHAMBERS re Motions for Attorney's Fees and Costs by Judge Audrey B. Collins: Pending before the Court are two motions for attorney's fees filed by Plaintiff Fred Pierce, et al.: the first filed on July 31, 2009 and supplemented on August 12, 2011 (which the Court deferred until trial on the remaining claims) (Docket Nos. 665, 793); and the second filed on August 12, 2011 (Docket No. 792). Also pending is Plaintiffs' request to tax costs, referred to the Court for resolution of the prevailing party issue. (Docket Nos. 783, 798.) These matters are now fully briefed and the Court finds them appropriate for resolution without oral argument. Fed. R. Civ. P. 78; Local Rule 7−15. Therefore, the Court VACATES the October 17, 2011 hearing date and takes these matters UNDER SUBMISSION. (bm) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

80

MINUTE ORDER IN CHAMBERS re Status Conference by Judge Audrey B. Collins: The Court has received the Monitor's second quarterly report, dated January 2012, and ORDERS the parties to appear for a status conference on Monday, February 13, 2012 at 3:00 p.m. to discuss several issues raised in the report regarding Defendant County of Orange, et al.'s (the "County's") compliance with the Court's Order on Defendant's Amended Final Plan. (Docket No. 779.) The Court commends the County on the substantial progress made on required physical modifications during the first six months following the Court's Order, but the County has not complied with several significant parts of the Court's Order, including the housing of class members and the implementing of required programmatic changes. The Court is particularly concerned with the following information from the Monitor's report: (see document for further details). (bm) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

81

MINUTES OF Status Conference held before Judge Audrey B. Collins: Case called. Counsel makes appearances. Court discuss papers received. Court inquires of status of case. Court and counsel discuss certain issues raised in Courts order with respect to defendants' amended final plan. The Court having heard from counsel, acknowledges that a meet and confer will take place after the Court hearing to try and resolve matters. Counsel to e−file notice to the Court as to the outcome of the meet and confer.Court Reporter: Katherine Stride. (lw) (Entered: 02/21/2012)

Feb. 13, 2012

Feb. 13, 2012

82

ORDER RE AMENDMENTS TO CLARIFY LANGUAGE IN THE COURTS JUNE 28, 2011 FINAL ORDER ON DEFENDANTS PROPOSED PLAN: The Court's Final Order of June 28, 2011, is amended as follows: At page 7, line 17, the phrase ", if their classification status meets that of inmates housed in the Barracks and their medical conditions permit," is added between the phrases "Module and" and "in the Inmate Programs Building (IPB)"; Numbered paragraph 13 on page 8 is stricken by Judge Audrey B. Collins. (ir) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

83

MINUTES: ORDER Correcting Clerical Error in Order re Plaintiffs Motions forAttorneys Fees and Costs (In Chambers): The Court clarifies its Order (Docket No. 818) by deleting the above−quoted language and replacing it with the following: Plaintiffs' pending application to Tax Costs, filed on July 12, 2011,which was referred to this Court, shall be sent back to the Court Clerk with instructions to tax costs in favor of Plaintiffs. Once the taxable costs are determined, the Clerk shall award Plaintiffs 85% of the taxable costs incurred pre−appeal (prior to May 15, 2008), plus the full amount of taxable costs incurred after May 15, 2008 IT IS SO ORDEREDby Judge Audrey B. Collins. (ir) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

84

NOTICE of Change of Attorney Information for attorney Dan Stormer counsel for Plaintiffs William Brown, Richard Eugene Smith, Jerry E Stewart, Kenneth Wilson, Susan Young.Virginia Keeny is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G−06 Notice. Filed by Plaintiff Jerry E. Stewart, et al. (Stormer, Dan) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

85

NOTICE of Change of Attorney Information for attorney Dan Stormer counsel for Plaintiffs William Brown, Richard Eugene Smith, Jerry E Stewart, Kenneth Wilson, Susan Young. Changing firm name to Hadsell Stormer Richardson & Renick LLP.

July 31, 2012

July 31, 2012

87

MINUTES: August 2012 Monitor's Report (In Chambers): The Court has received the Monitors fourth quarterly report, dated August 2012. The Court commends the parties on the significant progress in the physical modifications required by the Court's Order in this case. There has been less progress on the Countys compliance with the procedural and programmatic aspects of the Court's Order. The Court appreciates the County's attempts at compliance when the Monitor has identified issues, but the Court also shares the Monitor's concerns that it has been one year since the Court's Order was issued and the Monitor continues to find key areas of noncompliance. One area of particular concern is outdoor recreation: the Monitor found that, at Module O of Theo Lacy, outdoor recreation in the enclosed recreation area was offered before 6:00 a.m. 49% ofthe time, and it was always declined. (Monitor Report 15, 17.) Even if this does not technically run afoul of the terms of the Courts Order, it certainly undermines the Court's intent to ensure class members can reasonably take advantage of outdoor recreation. The Court will not issue any further orders at this time, but it strongly encourages the County to take a more proactive approach to complying with the procedural and programmatic portions of Court'sOrder as it has done with physical modifications. That includes ensuring that outdoor recreation is offered at times with at least a reasonable probability of class members taking advantage of it. Offerings before 6:00 a.m. do not fall into that category IT IS SO ORDERED by Judge Audrey B. Collins. (ir) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

88

ORDER RE EX PARTE APPLICATION FOR CONTINUANCE OF HEARING DATE AND BRIEF EXTENSION OF THE BRIEFING SCHEDULE by Judge Audrey B. Collins. IT IS HEREBY ORDERED: The briefing schedule for Defendant's Motion to Terminate the Injunction is modified as follows: Motion filing deadline: August 12, 2013. Opposition filing deadline: August 26, 2013. Reply filing deadline: September 2, 2013. Hearing date: September 23, 2013 at 10:00 a.m. (bp) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

90

SEALED DOCUMENT− DEFENDANT'S APPLICATION Pursuant to Local Rule 79−5 for Leave to File Under Seal the Declaration of Dr. Chiang in Support of Defendant's Motion to Terminate Injunctive Relief. (mat) (Entered: 08/20/2013)

Aug. 14, 2013

Aug. 14, 2013

91

SEALED DOCUMENT− ORDER for Leave to File Under Seal. (mat) (Entered: 08/20/2013)

Aug. 14, 2013

Aug. 14, 2013

92

SEALED DOCUMENT− DECLARATION of Doctor C. Hsien Chang in Support of Defendant's Motion to Terminate Injunctive Relief Under the Prison Litigation Reform ACT [18 U S C 3626(b) and FRCP 60(b)(5) (mat) (Entered: 08/20/2013)

Aug. 14, 2013

Aug. 14, 2013

89

NOTICE OF REASSIGNMENT OF CASE filed. Pursuant to Notice of Reassignment of Case in SACV 01−00981 ABC(AJWx). Case transferred to Magistrate Judge Andrew J. Wistrich for any discovery matters that may be referred by the District Judge. Case number will now read CV 75−03075 ABC(AJWx). (rn) (Entered: 08/20/2013)

Aug. 20, 2013

Aug. 20, 2013

93

MINUTE ORDER IN CHAMBERS ORDER DENYING Defendant's Ex Parte Application for Protective Order by Judge Audrey B. Collins:(Please see Document for details) (bp) (Entered: 08/21/2013)

Aug. 20, 2013

Aug. 20, 2013

94

MINUTE ORDER IN CHAMBERS Re: Briefing Schedule on Motions to Terminate/Extend Injunctive Relief by Judge Audrey B. Collins: As such, the Court GRANTS the parties' request to move forward with briefing and hearing on the pending Motions to Terminate/Extend Injunctive Relief (Docket Nos. 831, 839) and SETS the following deadlines: November 27, 2013: Defendant shall disclose to Plaintiffs and the Monitor the relevant medical records relied upon by Dr. Chiang in his analysis of the eight inmates discussed in Dr. Chiang's Declaration submitted in support of Defendant's Motion to Terminate Injunctive Relief; December 16, 2013: Plaintiffs shall file their Opposition to Defendant's Motion to Terminate Injunctive Relief; December 16, 2013: Defendant shall file its Response to Plaintiffs' Supplemental Brief in Support of Plaintiffs' Motion to Extend Injunctive Relief for an Additional Two Years; January 13, 2014: Plaintiffs shall file their Reply Brief in Support of Plaintiffs' Motion to Extend Injunctive Relief for an Additional Two Years; January 13, 2014: Defendant shall file its Reply Brief in Support of Defendant's Motion to Terminate Injunctive Relief; January 31, 2014 at 10:00 a.m.: Hearing on the Motions to Terminate/Extend Injunctive Relief. The Court ORDERS Keith Rohman, the court appointed Monitor, to attend the hearing on January 31, 2014 to address any issues raised by the parties or the Court. See Docket No. 831 at 2, n. 1 (Monitor "is available to appear for the hearing on this Motion if the Court is inclined to request [his] attendance"). To the extent practicable, the Court will issue a Minute Order with questions for the Monitor in advance of the hearing. (bm) (Entered: 12/04/2013)

Dec. 4, 2013

Dec. 4, 2013

95

MINUTE ORDER IN CHAMBERS Re: Monitor's Ninth Quarterly Report by Judge Audrey B. Collins: Although the Court is well aware that the Monitor's Ninth Quarterly Report falls outside of the eight reports anticipated by the injunction, the Court will consider the Report in ruling on the pending motions. The Report is the Monitor's most recent evaluation of compliance with the injunction, he has already expended time in preparing it, and Defendant admits it does not raise any new substantive issues that would affect the determination of the pending motions. The Monitor shall not issue any further reports. (see document for further details) (bm) (Entered: 01/03/2014)

Jan. 2, 2014

Jan. 2, 2014

96

ORDER TO CONTINUE THE HEARING ON THE PARTIES CROSS−MOTIONS TO TERMINATE/EXTEND INJUNCTIVE RELIEF by Judge Audrey B. Collins: The Court having read and reviewed the Parties' Joint Stipulation to continue the hearing on the cross−motions to terminate/extend injunctive relief and GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED THAT: The hearing on the parties' pending Motions to Terminate/Extend Injunctive Relief shall be continued from January 31, 2014, to February 10, 2014, at 10:00 a.m. (bm) (Entered: 01/03/2014)

Jan. 2, 2014

Jan. 2, 2014

97

MINUTE ORDER IN CHAMBERS Re: Defendant's Request to Cross−Examine Keith Rohman and Christina Dalton by Judge Audrey B. Collins: The Court has reviewed Defendant's Request to Cross−Examine Keith Rohman and Christina Dalton Pursuant to Local Rules 7−6 and 7−8, filed on January 27, 2014. (Docket No. 885.) The Court has also received a letter from Keith Rohman, the Monitor, dated January 29, 2014. Having reviewed the parties' submissions, the Court does not find cross−examination of the Monitor or Ms. Dalton is necessary at the hearing. Therefore, the request is DENIED. The Court also notes that it previously indicated it may issue a Minute Order with questions for the Monitor. (Docket No. 859.) At this time, the Court does not anticipate it will have questions for the Monitor in advance of the hearing. (bm) (Entered: 02/03/2014)

Jan. 31, 2014

Jan. 31, 2014

98

MINUTES OF MOTION FOR ORDER EXTENDING INJUNCTIVE RELIEF FOR AN ADDITIONAL TWO YEARS [DOCUMENT 831]; MOTION FOR RELIEF FROM INJUNCTION UNDER PRISON LITIGATION REFORM ACT 18 USC [DOCUMENT 839] Hearing held before Judge Audrey B. Collins: Matter called. Counsel makes appearances. Tentative given to counsel. Court and counsel confer regarding tentative. Oral arguments made by counsel. Court having heard from counsel, will maintain tentative. The Court signs tentative order in open Court, which reflects the ruling of the above motions. Court Reporter: Katherine Stride. (bm) (Entered: 02/12/2014)

Feb. 10, 2014

Feb. 10, 2014

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California Jail Population Caps

Key Dates

Filing Date: Sept. 11, 1975

Closing Date: Feb. 10, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners of the Orange County Central Jail challenging policies and practices of administrators of jail.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Hadsell, Stormer & Renick

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Board of Supervisors of the County of Orange (Orange), County

Orange County Sheriff's Department (Orange), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Cruel and Unusual Punishment

Free Exercise Clause

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1978 - 2014

Issues

General:

Administrative segregation

Law library access

Mail

Phone

Recreation / Exercise

Religious programs / policies

Search policies

Visiting

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Affected Gender:

Female

Male

Type of Facility:

Government-run