Case: L.H. v. Schwarzennegger

2:06-cv-02042 | U.S. District Court for the Eastern District of California

Filed Date: Sept. 13, 2006

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On September 13, 2006, several Department of Juvenile Justice parolees filed this lawsuit in the U.S. District Court for the Eastern District of California. (They amended the complaint a week later.) The plaintiffs sued California and the persons and entities administering California's juvenile parole system under 42 U.S.C. § 1983. In their complaint, they claimed that California's policies and practices regarding the revocation of juvenile parole violated the their constitutional rights to du…

On September 13, 2006, several Department of Juvenile Justice parolees filed this lawsuit in the U.S. District Court for the Eastern District of California. (They amended the complaint a week later.) The plaintiffs sued California and the persons and entities administering California's juvenile parole system under 42 U.S.C. § 1983. In their complaint, they claimed that California's policies and practices regarding the revocation of juvenile parole violated the their constitutional rights to due process, equal protection, and assistance of counsel. They also alleged violation of statutory rights under the Americans with Disabilities Act and section 504 of the Rehabilitation Act because California failed to provide training and accommodations to permit juveniles with physical and mental disabilities to participate effectively in the revocation proceedings against them. The plaintiffs were represented by private counsel, as well as attorneys from the Prison Law Office and the Youth Law Center. They sought declaratory and injunctive relief, attorney's fees and costs, and that the court retain jurisdiction until fully assured of compliance with remedial orders.

For their constitutional claims, the plaintiffs alleged that, in contrast to the process provided for adult parole violators (pursuant to a 2004 stipulated order in Valdivia v. Schwarzennegger, No. S-94-0671 (E.D. Cal.), PC-CA-0052 in this Clearinghouse), California failed to provide preliminary hearings for juveniles accused of parole violations, and that prompt hearings, even if a single revocation hearing process was constitutional, did not occur, in any event. The complaint listed numerous deficiencies in the juvenile revocation limited hearing process then available (e.g., unfairly burdensome continuances, vague standards, use of unreliable evidence, lack of translation of documents or advice of procedures/rights, insufficient accommodation of disabilities, insufficient availability of counsel).

On February 28, 2007, in an unpublished order, the district court (Senior District Judge Lawrence K. Karlton) certified a class consisting of juvenile parolees in or under the jurisdiction of California, including all juvenile parolees with disabilities, as defined under federal law, who are: (i) in the community under parole supervision or who are at large; (ii) in custody in California as alleged parole violators, and who are awaiting revocation of their parole; or (iii) in custody, having been found in violation of parole and returned to custody. In the same order, the court denied several defense motions, including motions that the plaintiffs disclose their full names (instead of using their initials in their pleadings) and that certain allegations be stricken.

As the case proceeded, discovery disputes came at times to the court's attention. In a May 25, 2007, unpublished ruling, Magistrate Judge Gregory G. Hollows allowed California to withhold certain budget documents from discovery under the deliberative process privilege. On reconsideration, however, Judge Karlton held on July 6, 2007, in an unpublished ruling, that since the deliberative process privilege was qualified (rather than absolute), the budget documents should be produced to the plaintiffs in light of their need for the materials and the need for accurate fact-finding, given the documents' relevance in depicting the administrative burden associated with providing increased procedural protections to the class.

On September 18, 2007, the district court issued an unpublished order granting the plaintiffs' motion for partial summary judgment as to their due process claim, but denying that portion of the motion seeking, without trial, injunctive relief. The court ruled that California's system of juvenile parole revocation failed to afford due process because the state failed to afford a sufficiently prompt hearing to those juveniles facing parole revocation. Judge Karlton did not determine whether the state needed to afford both a preliminary hearing and a final revocation hearing in every circumstance (i.e., both for alleged technical violators and for alleged law violators) but ruled that, since in neither circumstance was the hearing promptly provided, the state parole revocation process for juvenile offenders violated the juveniles' due process rights.

Three days later, Magistrate Judge Hollows granted a motion to impose sanctions on defendants for failing to produce discoverable files and to adequately provide answers to interrogatories. On April 21, 2008, Judge Karlton appointed Chase Riveland to be the Special Master in the case. The plaintiffs followed that appointment with a series of motions for summary judgment, which Judge Karlton referred to the Special Master on June 3, 2008.

On June 4, 2008, the parties reached a settlement in the case. Under the terms of the settlement:

  1. attorneys would be appointed for every juvenile parolee charged with a violation of parole within 8 business days
  2. juveniles would receive a preliminary probable cause hearing within 13 business days,
  3. if no probable cause is found, the juvenile would receive a full revocation hearing within 35 calendar days of the parole hold,
  4. juveniles would have the right to present evidence and witnesses at their probable cause and revocation hearings,
  5. clear policies would be developed to spell out which behavior warrants revocation of parole or a return to a DJJ facility,
  6. youth who were not revoked would be promptly released and DJJ would end a policy of temporary detention for youth continued on parole,
  7. juveniles could not be returned to the DJJ for more than a year, and a revocation cannot be extended beyond a year, except for cases of serious in-custody misconduct,
  8. accommodations for mental and physical disabilities and for effective communications would be provided, 9)
  9. would no longer be automatically shackled during revocation proceedings and policies would be developed to determine when and how a youth could be restrained, and
  10. a prompt administrative appeal system that includes the appointment of attorneys would be put into practice.

On October 7, 2008, the district court (Judge Karlton) approved the class action settlement. On January 5, 2009, special master Chase Riveland filed his first status report, in which he reported that the defendants "have made important progress and are laying a solid foundation for the needed changes."

On May 28, 2009 the special master filed his second status report, which determined that a "great majority of the remedy's features are now in place, although the execution of some components remains challenging." The report found that a number of rights were being better protected; however, there continued to be incomplete or inconsistent practices. Specifically, the special master found that the issues needing the most attention included the "practices identifying and accommodating disabilities and effective communication needs... and the more nuanced aspects of substantive due process in revocation hearings." The special master made no recommendations in this report.

On November 30, 2009 the special master filed his third status report, which found that "defendants continue to make good progress in building a solid revocation system." The special master noted that the state's budget crisis could have an impact on the state's ability to continue making progress towards compliance with the remedy. In terms of issues that were identified, the special master noted that "to better preserve due process, all concerned need a greater understanding of the elements of violations." Nevertheless, the report made clear that "systems are beginning to function more consistently, there is sustained effort to examine and address deficient practices, and the parties are reaching more agreements on policy." The special master made no recommendations in this report.

On July 23, 2010 the special master filed his fourth status report. The special master reported that he had found substantial compliance in several requirements for attorney representation. For that reason, the special master recommended that the court order that the stipulated settlement's requirements dealing with the appointment of an attorney no longer be the primary focus of the special master. Again, the special master highlighted the defendants' continued difficulties to ensure the accommodation of the most severely disabled parolees. Moreover, the special master noted that the defendants' reporting system presented one of the largest obstacles to compliance with agreement. Specifically, the system "was not designed for all of the necessary compliance reporting -- which is sometimes in tension with management reporting needs - and the outdated technology renders changes unreasonably difficult."

In May 2010, Chase Riveland ended his assignment as Special Master, and was apparently replaced first by Patricia A. Gray and then by Virginia Morrison.

On January 4, 2011 special master Virginia Morrison filed a fifth status report. She recommended that the defendants had reached substantial compliance with an additional seven requirements of the settlement. Two areas where further work is required was identified in this report. Specifically the special master wrote that the parties need to work on "building up the revocation documents and hearing practice, so that what is delivered accomplishes effective communication and satisfies due process standards, and establishing the policies, procedures, regulations, and internal systems needed to deeply root due process protections for juveniles in the state's system."

On June 21, 2011, the special master issued a sixth status report. She recommended to the court that the defendants had achieved substantial compliance with an additional 4 requirements of the settlement. The report noted that should the court accept the special master's findings, the defendants will have achieved substantial compliance on 17 of the settlement's requirements. However, the report noted that "significant challenges require attention in order to satisfy due process and this Court's orders." Specifically, the report made clear that the defendants still faced challenges regarding the provision of accommodations to those parolees with special needs.

On December 12, 2011, the special master issued a seventh status report. The special master recommended to the court that the defendants had achieved substantial compliance with an additional nine requirements of the settlement. The report noted that should the court accept the special master's findings, the defendants will have achieved substantial compliance on 26 of the settlement's requirements.

On June 27, 2012, Senate Bill 1021 was approved by the Governor and resulted in the termination of most juvenile parole operations as of January 1, 2013. However, juvenile parolees who were detained on a parole hold prior to January 1, 2013, would have their revocation proceedings conducted in early 2013.

On June 21, 2012 the special master issued her eighth status report. The report noted that should the court accept the special master's findings, the defendants will have achieved substantial compliance on 30 of the settlement's requirements. The master noted that it was the most rapid implementation of a settlement that she had seen in her 21 years of experience.

On September 10, 2012, the court adopted the special master's eighth report in full. The defendants eliminated coercive procedures and actions, such as committing juveniles to time in prison without the advice of counsel. They abolished practices that could keep revoked parolees incarcerated indefinitely. They systematized decision-making so that the steps are predictable, proceedings are based on evidence, and staff work to inform and involve the juveniles. All proceedings were provided with exceptional timeliness, and a substantial proportion of juveniles are diverted from revocation into alternatives to incarceration. Overall, the defendants had demonstrated compliance with virtually all of the injunctions' requirements.

On January 18, 2013, the court agreed to the parties' stipulated process for conclusion of the case. The parties would notify the class members and then move to terminate the injunction. Then, the special master would recommend whether the injunction should be terminated and the court would rule on the motion.

The following month, the plaintiffs filed a motion to terminate the injunction and the special master also recommended that the case be terminated. On April 1, 2013, the court granted the motion to terminate the injunction. Once the final class member had been released, the parties and the special master filed their motions regarding remaining attorneys' fees and monitoring fees. The defendants agreed to pay the fees and costs.

Once the final fee issues were resolved, the court terminated the case on July 10, 2013. Subsequently, on additional motion for undisputed fees and costs was granted. Then, on January 16, 2014, Judge Karlton expressly terminated the position of the special master, as well.

Summary Authors

Justin Benson (2/13/2012)

Jessica Kincaid (3/18/2016)

Related Cases

Valdivia v. Davis, Eastern District of California (1994)

Valdivia v. Schwarzenegger, Eastern District of California (1994)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5735202/parties/lh-v-schwarzenegger/


Judge(s)

Drozd, Dale Alan (California)

Hollows, Gregory G. (California)

Karlton, Lawrence K. (California)

Attorneys(s) for Plaintiff

Bien, Michael W. (California)

Burrell, Susan L. (California)

Cooppan, Sumana (California)

Eng, Elizabeth Hope (California)

Grunfeld, Gay Crosthwait (California)

Holtz, Geoffrey Thomas (California)

Huey, Shirley (California)

Judge(s)

Drozd, Dale Alan (California)

Hollows, Gregory G. (California)

Karlton, Lawrence K. (California)

Attorneys(s) for Plaintiff

Bien, Michael W. (California)

Burrell, Susan L. (California)

Cooppan, Sumana (California)

Eng, Elizabeth Hope (California)

Grunfeld, Gay Crosthwait (California)

Holtz, Geoffrey Thomas (California)

Huey, Shirley (California)

Kendrick, Corene Thaedra (California)

Kennard, Karen (California)

Lang, Megan Regina (California)

Laubach, Sarah (California)

Maznavi, Nura (California)

Morgan, Briana Lynn (California)

Morris, Maria V (California)

Norman, Sara Linda (California)

Palumbo, Kristen A. (California)

Rosen, Sanford Jay (California)

Rosenbaum, Briana Lynn (California)

Shauffer, Carole B. (California)

Specter, Donald H. (California)

Stewart, Loren Grey (California)

Attorneys(s) for Defendant

Angus, Michelle Leigh (California)

Brown, Edmund G. Jr. (California)

Chaney, David S. (California)

East, Rochelle C. (California)

Fritz, Cynthia Clarke (California)

Grunder, Frances T. (California)

Jacob, Renju Palanilkumuryil (California)

Johnson, S. Anne (California)

Kwong, William C (California)

McDonough, Timothy John (California)

Mello, Paul Brian (California)

Nelson, Katherine Kylin (California)

Rice, Benjamin Terrence (California)

Roldan, Alberto S. (California)

Schneider, Walter R. (California)

Sobolewski, James Michael (California)

Tebrock, Katherine (California)

Wolff, Samantha D. (California)

Expert/Monitor/Master

Morrison, Virginia (California)

Riveland, Chase (Washington)

Documents in the Clearinghouse

Document

2:06-cv-02042

Docket [PACER]

Jan. 16, 2014

Jan. 16, 2014

Docket
10

2:06-cv-02042

First Amended Civil Class Action Complaint for Declaratory and Injunctive Relief

L.H. v. Schwarzenegger

Sept. 20, 2006

Sept. 20, 2006

Complaint
34

2:06-cv-02042

Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Class Certification

L.H. v. Schwarzenegger

Jan. 23, 2007

Jan. 23, 2007

Pleading / Motion / Brief
45-1

2:06-cv-02042

Defendants' Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Class Certification

L.H. v. Schwarzenegger

Feb. 6, 2007

Feb. 6, 2007

Pleading / Motion / Brief
65

2:06-cv-02042

[Order]

Feb. 28, 2007

Feb. 28, 2007

Order/Opinion
117

2:06-cv-02042

[Order]

May 21, 2007

May 21, 2007

Order/Opinion
119

2:06-cv-02042

[Order]

May 25, 2007

May 25, 2007

Order/Opinion
153

2:06-cv-02042

[Order]

July 6, 2007

July 6, 2007

Order/Opinion
201

2:06-cv-02042

Order

L.H. v. Schwarzenegger

Sept. 19, 2007

Sept. 19, 2007

Order/Opinion
266

2:06-cv-02042

Order

L.H. v. Schwarzenegger

Jan. 29, 2008

Jan. 29, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5735202/lh-v-schwarzenegger/

Last updated Aug. 24, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Schwarzenegger et al by L.H. et al. Attorney Bien, Michael added.(Bien, Michael) Modified on 9/14/2006 (Caspar, M). (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

19

ORDER signed by Judge Lawrence K. Karlton on 10/06/06 re 18 ORDERING that dfts' request for an extension of time of 60 days, to and including 12/8/06 17 is GRANTED . (Duong, D)

Oct. 10, 2006

Oct. 10, 2006

RECAP
26

STIPULATION and PROTECTIVE ORDER signed by Judge Lawrence K. Karlton on 11/13/06 re 23 ORDERING that plts' and class members' true names and/or Youth Authority numbers will be disclosed only to the listed persons in paragraph 2. Any documents containing plts' or class-memebers' true names and/or Youth Authority numbers filed with the court shall be filed under seal. (See Order for details). (Duong, D)

Nov. 14, 2006

Nov. 14, 2006

RECAP
2

CIVIL COVER SHEET by L.H., A.Z., D.K., and D.R. (Bien, Michael) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

38

ORDER signed by Judge Lawrence K. Karlton on 01/24/07 re 32 ORDERING that accordingly, a Scheduling Conference is SET for 2/23/2007 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Duong, D)

Jan. 25, 2007

Jan. 25, 2007

RECAP
3

NOTICE of RELATED CASE 94−0671 by L.H., A.Z., D.K., and D.R.. (Attachments: # 1 Exhibit A−B)(Bien, Michael) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

58

ORDER signed by Judge Lawrence K. Karlton on 2/21/07: Declaration inadvertently filed in connection with Plaintiffs' Motion for Class Certification, document # 49 in the docket of the above-captioned case, shall be stricken from the docket. (Kaminski, H)

Feb. 22, 2007

Feb. 22, 2007

RECAP

RECEIPT number 204 11984 for $350.00 for Civil Filing Fee from Gay Crosthwait Grunfeld. (Caspar, M) (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

60

ORDER signed by Judge Lawrence K. Karlton on 2/23/07 ORDERING that the Declaration of Gay Crosthwait Grunfeld In Support of Motion for Class Certification and Motion to Seal, shall be filed under seal by the Clerk of the Court and made available only to the Court or counsel. (Engbretson, K.)

Feb. 23, 2007

Feb. 23, 2007

RECAP
5

[DISREGARD] SUMMONS ISSUED as to *Arnold Schwarzenegger, James E Tilton, Kingston Bud Prunty, Bernard Warner, Dennis Dulay, John Monday, James Davis, Joyce Arredondo, Paul Chabot, Joseph Compton, Susan Melanson, Chuck Supple, CDCR, Division of Juvenile Justice, Board of Parole Hearings* with answer to complaint due within *20* days. Attorney *Michael W. Bien* *155 Montgomery Street* *Eighth Floor* *San Francisco, CA 94104*. (Caspar, M) Modified on 9/15/2006 (Caspar, M). (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

65

ORDER signed by Judge Lawrence K. Karlton on 02/28/07 ORDERING that Defendants' Motion to Dismiss and or Strike 27 is DENIED. Defendants' Motion to use Plaintiffs' Full Names 31 is DENIED. Plaintiffs' Motion for Class Certification 33 is GRANTED. (Duong, D)

Feb. 28, 2007

Feb. 28, 2007

RECAP
6

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/20/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Caspar, M) (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

SERVICE BY MAIL: 6 Civil New Case Documents for GEB served on Carole B Shauffer and Donald Spector (Caspar, M) (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

72

ORDER signed by Judge Gregory G. Hollows on 3/27/07 ORDERING that the deadline for filing the joint scheduling statement is 4/12/07. (Donati, J)

March 27, 2007

March 27, 2007

RECAP
80

STIPULATION and ORDER signed by Judge Gregory G. Hollows on 4/2/07 AGREEING to the stipulation between the parties to continue the hearing on 68 Motion to Compel Entry of a Protective Order: Motion Hearing RESET for 4/19/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Yin, K)

April 2, 2007

April 2, 2007

RECAP
7

RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 09/14/06 ORDERING that case 06cv2042 GEB DAD is related with member of case 94cv671 LKK GGH. Case 06cv2042 reassigned to Judge Lawrence K. Karlton and Gregory G. Hollows for all further proceedings. Judge Garland E. Burrell, Jr, Dale A. Drozd no longer assigned to case. Clerk to make appropriate adjustment in the assignment of

Sept. 15, 2006

Sept. 15, 2006

8

CLERK'S NOTICE of DOCKET CORRECTION: Please disregard 5 Summons as an error was made while docketing and the document was not attached. A new summons will be issued. (Caspar, M) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

81

ORDER signed by Judge Gregory G. Hollows on 4/2/07 DENYING 74 Request for Extension of Time. Defendants shall produce the responses as ordered herein.(Donati, J)

April 2, 2007

April 2, 2007

RECAP
86

STIPULATION and ORDER signed by Judge Gregory G. Hollows on 4/17/07 ORDERING the MOTION HEARINGS as to 73 Motion to Compel, 69 Motion to Compel and 68 Motion for Protective Order are RESET for 4/26/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. All joint status conference statements are due by 4/19/07. (Donati, J) Modified on 4/17/2007 (Donati, J).

April 17, 2007

April 17, 2007

RECAP
9

SUMMONS ISSUED as to *Arnold Schwarzenegger, James E Tilton, Kingston Bud Prunty, Bernard Warner, Dennis Dulay, John Monday, James Davis, Joyce Arredondo, Paul Chabot, Joseph Compton, Susan Melanson, Chuck Supple, CDCR, Division of Juvenile Justice, Board of Parole Hearings* with answer to complaint due within *20* days. Attorney *Michael W. Bien* *155 Montgomery Street* *Eighth Floor* *San Francisco, CA 94104*. (Caspar, M) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

10

FIRST AMENDED COMPLAINT Declaratory and Injunctive Relief against all defendants by A.Z. (Bien, Michael) Modified on 9/21/2006 (Duong, D). (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

87

STIPULATION and ORDER signed by Judge Gregory G. Hollows on 4/17/07 ORDERING the deposition of John Monday. Plaintiffs 76 Motion to Compel Deposition of John Monday is WITHDRAWN. (Donati, J)

April 17, 2007

April 17, 2007

RECAP
12

MAIL RETURNED as RTS− Forwarding Order Expired as to 6 Civil New Case Documents for GEB. Mail sent to Carole B. Shauffer. (TEXT ONLY ENTRY) (Kirkpatrick, S) (Entered: 09/21/2006)

Sept. 20, 2006

Sept. 20, 2006

98

STIPULATION and ORDER signed by Judge Gregory G. Hollows on 4/23/07 re: Request for Inspection. (Donati, J)

April 23, 2007

April 23, 2007

RECAP
11

CERTIFICATE of SERVICE by A.Z., D.K., D.R., L.H. re 10 First Amended Complaint. (Bien, Michael) Modified on 9/21/2006 (Duong, D). (Entered: 09/21/2006)

Sept. 21, 2006

Sept. 21, 2006

100

ORDER signed by Judge Gregory G. Hollows on 4/25/07 ORDERING that the filing deadline for the joint statement is 5/3/07.(Donati, J)

April 25, 2007

April 25, 2007

RECAP
108

STIPULATION and ORDER signed by Judge Gregory G. Hollows on 5/7/07 ORDERING the 89 Motion to Compel Hearing is RESET for 5/17/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Donati, J)

May 7, 2007

May 7, 2007

RECAP
13

MAIL RETURNED as "Not deliverable as addressed, unable to forward RTS" 7 Order Reassigning Case,. Mail sent to Carole B. Shauffer. (Mena−Sanchez, L) (Entered: 09/26/2006)

Sept. 25, 2006

Sept. 25, 2006

14

SUMMONS ISSUED as to *Joe Montes* with answer to complaint due within *20* days. Attorney *Michael Bien* *155 Montgomery* *8th Floor* *San Francisco, CA 94104*. (Caspar, M) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

114

PROTECTIVE ORDER re 68 Motion for Protective Order signed by Judge Gregory G. Hollows on 05/14/2007. This Protective order shall be binding on the parties as of the date it is entered by the Court and supersedes the minute order filed on May 3, 2007 105 . The provisions of this Order shall remain in full force and effect until further order of this Court. (Duong, D) Modified on 5/17/2007 (Donati, J).

May 14, 2007

May 14, 2007

RECAP
116

ORDER signed by Judge Gregory G. Hollows on 5/21/07 ORDERING that Pltfs' 89 Motion to Compel Compliance with this court's 4/2/07 Order is GRANTED IN PART and DENIED IN PART. Dfts shall file a schedule for production of outstanding discovery within two days of the 5/17/07 hearing. Dfts shall produce all outstanding discovery within 30 days of the 5/17/07 hearing. (Engbretson, K.)

May 21, 2007

May 21, 2007

RECAP
15

RETURN SERVICE EXECUTED as to dft CA Dept of Corrections and Rehabilitation on 9/19/06 by plts re 10 Amended Complaint , Summons and Complaint. (Bien, Michael) Modified on 10/5/2006 (Duong, D). (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

117

ORDER signed by Judge Gregory G. Hollows on 5/21/2007 ORDERING Pltf's Motion to compel compliance with this court's 4/2/07 order, filed 4/19/07 95 is GRANTED in PART AND DENIED in PART 69 , 73 . Dfts shall file a schedule for production of outstanding discovery within 2 days of the 5/17/07 hearing. Dfts shall produce all outstanding discovery, including electronic discovery, within 30 days of the 5/17/07 hearing. (Reader, L)

May 21, 2007

May 21, 2007

RECAP
16

RETURN SERVICE EXECUTED as to Board Parole Hearings on 9/28/06 by plts re 10 Amended Complaint,Summons and Complaint. (Bien, Michael) Modified on 10/5/2006 (Duong, D). (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

17

REQUEST for Extension of Time of 60 days, to and including 12/9/06, to File a Responsive Pleading; Declaration of Benjamin T. Rice by dfts Arnold Schwarzenegger, James E Tilton, Kingston Bud Prunty, Bernard Warner, CDCR. Attorney Rice, Benjamin Terrence added. (Attachments: # 1 Exhibit A# 2 Declaration of service by mail)(Rice, Benjamin) Modified on 10/5/2006 (Duong, D). (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

119

ORDER signed by Judge Gregory G. Hollows on 5/25/07: Plaintiffs' motion to compel production of documents, filed March 22, 2007, is denied 69 .(Kaminski, H)

May 25, 2007

May 25, 2007

RECAP
122

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 6/4/07 re: Providing Notice of Class Certification. (Donati, J)

June 4, 2007

June 4, 2007

RECAP
18

PROPOSED ORDER re 17 Request for extension of time by Arnold Schwarzenegger, James E Tilton, Kingston Bud Prunty, Bernard Warner, CDCR. (Attachments: # 1 Declaration of service by mail)(Rice, Benjamin) Modified on 10/5/2006 (Duong, D). (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

127

STIPULATION and ORDER regarding the treatment of confidential documents signed by Judge Gregory G. Hollows on 06/12/07. (Manzer, C)

June 12, 2007

June 12, 2007

RECAP
134

ORDER signed by Judge Gregory G. Hollows on 06/19/07 re 128 ORDERING that Defendants shall have until June 25, 2007 to comply with this court's May 21, order 117 , and produce all outstanding discovery. Defendants' schedule for production of outstanding, filed May 21, 2007, is approved only insofar as it complies with the May 21, 2007 order. Defendants' request for a discovery conference regarding electronic discovery is granted as set forth above. (Duong, D)

June 19, 2007

June 19, 2007

RECAP
20

MAIL RETURNED as Undeliverable 19 Order. Mail sent to Carole B. Shauffer, 114 Sansome Street, Suite 900, San Francisco, CA 94104−3820. (Duong, D) (Entered: 10/17/2006)

Oct. 16, 2006

Oct. 16, 2006

137

STIPULATION and ORDER re Scheduling Meet and Confer over Observation and Videotaping of Proceedings signed by Judge Gregory G. Hollows on 07/02/07 re 136 ORDERING that the requirements of Paragraph 5 of the April 23, 2007 Stipulation and Order 98 to meet and confer and agree upon a number or percentage of parole proceedings shall be completed by July 10, 2007. (Duong, D)

July 2, 2007

July 2, 2007

RECAP
148

ORDER signed by Judge Lawrence K. Karlton on 7/3/07 ALLOWING declaration of Gay Crosthwait Grunfeld in support of ptfs' motion for partial summary judgment to be filed under seal. (Carlos, K)

July 3, 2007

July 3, 2007

RECAP
21

RESERVICE OF DOCUMENTS: re 19 Order addressed to all parties. (Duong, D) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

152

ORDER signed by Judge Lawrence K. Karlton on 07/03/07 ORDERING that the hearing set for 07/30/07 is hereby CONTINUED to 8/3/2007 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Manzer, C)

July 5, 2007

July 5, 2007

RECAP
22

NOTICE of CHANGE of ADDRESS by Michael Bien. (Bien, Michael) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

23

STIPULATION and PROPOSED Protective Order Protecting Confidentiality and Prohibiting Retaliation [Local Rule 39−140] by dfts. Attorney Rice, Benjamin Terrence added. (Rice, Benjamin) Modified on 11/8/2006 (Matson, R). Modified on 11/14/2006 (Duong, D). (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

153

ORDER signed by Judge Lawrence K. Karlton on 7/6/07 GRANTING 124 Request for Reconsideration. The defendants shall produce documents outlined in the order under seal to plaintiffs no later than close of business on 7/13/07.(Donati, J)

July 6, 2007

July 6, 2007

RECAP
158

SUMMARY ORDER signed by Judge Gregory G. Hollows on 07/13/07 ORDERING that with respect to all electronic discovery concerning requests for production,including privilege logs, except for "office tech" computer searches, the deadline for pr oduction is August 11, 2007. Within ten days of August 11, 2007, plaintiffs' counsel shall conduct a cursory review of produced electronic discovery, and either agree with defendants' counsel that a search for "office tech" disco very is not necessary, or make an emergency request which will be placed on the court's next law and motion calendar. The court takes under submission the appropriate remedies for the belated commencement of electronic discovery searches by defe ndants. Defendants represented in court that previously propounded interrogatories and requests for production have been finally answered/responded to. Should plaintiffs have a motion to make regarding completed discovery, they may file it forthwith. (Duong, D)

July 13, 2007

July 13, 2007

RECAP
24

AMENDED DOCUMENT re 23 Stipulation and Proposed Order by Joe Montes, A.Z., D.K., D.R., Schwarzenegger, Tilton, Prunty, Bernard Warner, Dulay, Monday, Davis, Arredondo, Chabot, Compton, Melanson, Supple, CDCR, Division of Juvenile Justice, Board of Parole Hearings, & L.H. (Rice, Benjamin) Modified on 11/9/2006 (Brown, T). (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

159

PROTECTIVE ORDER re 157 re Confidentiality of Document Ordered Produced by Order dated 7/6/07 153 signed by Judge Gregory G. Hollows on 07/13/07. (Duong, D)

July 13, 2007

July 13, 2007

RECAP
25

NOTICE of CHANGE of ADDRESS by Michael Bien. (Bien, Michael) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

168

ORDER signed by Judge Gregory G. Hollows on 8/8/07 ORDERING that defendant may have until 8/17/07, to serve their privilege log. (Anderson, J)

Aug. 9, 2007

Aug. 9, 2007

RECAP
27

NOTICE of Motion and MOTION to DISMISS AND MOTION TO STRIKE allegations by dfts. Memorandum of Points and Authorities in support . Attorney Sobolewski, James Michael added. Motion Hearing set for 2/20/2007 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Sobolewski, James) Modified on 12/11/2006 (Duong, D). (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

170

SECOND JOINT STIPULATION and ORDER re Request for Inspection signed by Judge Gregory G. Hollows on 08/16/07 re 169 ORDERING that the court GRANTING the parties' Second Joint Stipulation. This Second Inspection Order is intended to supplement the parties prior agreements, as reflected in the First Inspection Order. In the event that the First and Second Inspection Orders conflict, this Second Inspection Order controls. (Duong, D)

Aug. 16, 2007

Aug. 16, 2007

RECAP
28

DECLARATION of Danni Lam in SUPPORT OF re 27 MOTION to DISMISS AND MOTION TO STRIKE Allegations.(Sobolewski, James) Modified on 12/11/2006 (Duong, D). (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

190

STIPULATION and ORDER 188 for continuance signed by Magistrate Judge Gregory G. Hollows on 8/29/07. Plaintiffs' 175 MOTION for Sanctions for defendants' inadequate and improper Interrogatory Responses Hearing RE-SET for 9/13/2007 at 10:00 AM in Courtroom 24 (GGH). Opposition to Motion due 9/6/07 and Reply in support of Motion due on 9/10/07. (Marciel, M)

Aug. 29, 2007

Aug. 29, 2007

RECAP
191

ORDER signed by Judge Lawrence K. Karlton on 8/28/07 GRANTING plaintiffs' 178 MOTION to Seal. The Grunfeld Reply Declaration and Exhibits thereto, the Kendrick Reply Declaration, and plaintiffs' Reply shall be filed under seal by Clerk of Court and made available only to Court or counsel. (Marciel, M)

Aug. 29, 2007

Aug. 29, 2007

RECAP
29

REQUEST for JUDICIAL NOTICE by dfts (Attachments: # 1 Exhibit A# 2 Exhibit B Part 1 of 2# 3 Exhibit B Part 2 of 2# 4 Exhibit C Part 1 of 2# 5 Exhibit C Part 2 of 2# 6 Exhibit D# 7 Exhibit E)(Sobolewski, James) Modified on 12/11/2006 (Duong, D). (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

201

ORDER signed by Judge Lawrence K. Karlton on 9/18/07 GRANTING 138 Motion for partial Summary Judgment but DENYING the issue of injunctive relief. (Anderson, J)

Sept. 19, 2007

Sept. 19, 2007

RECAP
30

Joint Proposed Discovery Plan Pursuant to FRCP 26(f) by Plaintiffs A.Z., D.K., D.R., L.H.. (Lang, Meghan) Modified on 1/18/2007 (Brown, T). (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

202

ORDER signed by Judge Gregory G. Hollows on 9/21/07 DENYING 172 Motion to Seal and GRANTING 175 Motion for Sanctions. Defendants shall produce the files outlined in this order within 15 calendar days of this order. Defendants shall respond in ful l to the interrogatories outlined above regarding policy, within 15 calendar days of this order. Plaintiffs are permitted to depose knowledgeable persons during October, 2007, on two weeks notice. Fees and costs shall be awarded. Plaintiffs shall submit declarations in support of their claimed fees and costs within 15 days of this order. (Donati, J)

Sept. 21, 2007

Sept. 21, 2007

RECAP
31

MOTION to Permit Use of Plaintiffs' Full Names re 26 Protective Order, by Arnold Schwarzenegger, James E. Tilton, Kingston Bud Prunty, Bernard Warner, Dennis Dulay, John Monday, James Davis, Joyce Arredondo, Paul Chabot, Joseph Compton, Susan Melanson, Chuck Supple, CDCR, Division of Juvenile Justice, & Board of Parole Hearings. Motion Hearing set for 2/20/2007 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Exhibit A to B)(Sobolewski, James) Modified on 1/18/2007 (Brown, T). (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

32

REQUEST for an order to schedule a scheduling conference by plts. (rrLang, Meghan) Modified on 1/23/2007 (Duong, D). (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

208

ORDER signed by Judge Lawrence K. Karlton on 10/23/2007 ORDERING The court is in receipt of the defendant's proposed remedial plan, filed with the court on October 18, 2007. The plaintiff is ordered to file a response, if any, no later than fifteen days after the date of this order. 207 (Reader, L)

Oct. 24, 2007

Oct. 24, 2007

RECAP
33

MOTION for CLASS CERTIFICATION by plts. Motion Hearing set for 2/20/2007 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kennard, Karen) Modified on 1/24/2007 (Duong, D). (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

210

ORDER signed by Judge Lawrence K. Karlton on 10/26/07 ORDERING thatDesignation of Expert Witnesses due by 2/12/2008; Discovery due by 4/30/2008; Final Pretrial Conference set for 9/29/2008 at 09:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; Jury Trial set for 1/6/2009 at 09:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The parties represent that the trial will take approximately 8 days. (Anderson, J)

Oct. 29, 2007

Oct. 29, 2007

RECAP
234

ORDER signed by Judge Lawrence K. Karlton on 11/28/07 ORDERING that the parties shall meet and confer for the purpose of developing an adequate remedial plan that all parties find satisfactory within 60 days. (Manzer, C)

Nov. 28, 2007

Nov. 28, 2007

RECAP
34

MEMORANDUM of Points and Authorities in support of plts' Motion for CLASS CERTIFICATION 36 . (Kennard, Karen) Modified on 1/24/2007 (Duong, D). (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

35

DECLARATION of Karen Kennard in SUPPORT OF re 33 Motion for CLASS CERTIFICATION. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Kennard, Karen) Modified on 1/24/2007 (Duong, D). (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

266

ORDER signed by Senior Judge Lawrence K. Karlton on 1/29/08 ORDERING that Plaintiffs' 229 motion to amend the first amended complaint is DENIED except to add plaintiffs M.N. and R.C. as named plaintiffs and the Juvenile Parole Board, Askia Abd ulmajeed, and Tomas Martinez as defendants. Plaintiffs' 216 motion to enter a remedial order is DENIED. Plaintiffs' 220 motion for preliminary injunction isGRANTED IN PART. The dfts are ordered as follows: Commencing on or before Febr uary 15, 2008, Defendants shall appoint counsel to represent each and every Juvenile Parolee in Parole Revocation Proceedings. Counsel shall be appointed and provided with all necessary files at a time sufficiently in advance of the Probable Cause He aring to allow adequate and competent preparation. Counsel shall not be denied reasonable access to all of their clients' files. Counsel shall be provided reasonable access to their clients in areas or spaces that provide for confidential commu nications. No Juvenile Parolee shall be precluded from obtaining counsel of his or her own choosing at his or her own cost, including his or her public defender or other appointed counsel, retained counsel, or pro bono counsel. Defendants shall submi t the draft Policies and Procedures, as described in 3(f), supra, to the Court no later than March 15, 2008. Chase Riveland is appointed to serve as settlement referee in the case. In accordance with the parties representations, Mr. Riveland's fee will be paid by the parties, with the plaintiffs and defendants each bearing half of the cost. (Duong, D)

Jan. 29, 2008

Jan. 29, 2008

RECAP
37

CERTIFICATE of SERVICE by plts re 33 MOTION for CLASS CERTIFICATION. (Kennard, Karen) Modified on 1/24/2007 (Duong, D). (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

275

ORDER signed by Magistrate Judge Gregory G. Hollows on 2/15/2008 ORDERING Joint Statement Filing due by 2/28/2008 re 274 MOTION to COMPEL filed by D.R., D.K., R.C., M.N., A.Z., L.H. (Reader, L)

Feb. 15, 2008

Feb. 15, 2008

RECAP
291

ORDER signed by Magistrate Judge Gregory G. Hollows on 3/20/08. Plaintiff's 267 Motion to Compel production of documents is GRANTED in part and DENIED in part in accordance with terms of this Order. Plaintiff's 273 Motion to Compel compliance with Third Requst for inspection is DENIED in part and GRANTED in part with respect to text outlined in Order. (Marciel, M)

March 20, 2008

March 20, 2008

RECAP
292

STANDING 251 STIPULATED ORDER signed by Magistrate Judge Gregory G. Hollows on 3/20/08. (Marciel, M)

March 20, 2008

March 20, 2008

RECAP
39

MEMORANDUM/RESPONSE in OPPOSITION to 31 Motion to Permit Use of Plaintiffs' Full Names. (Grunfeld, Gay) Modified on 2/7/2007 (Engbretson, K.). (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

309

STANDING 251 STIPULATED ORDER signed by Judge Gregory G. Hollows on 3/31/08. (Dillon, M)

March 31, 2008

March 31, 2008

RECAP
40

DECLARATION of Gay Crosthwait Grunfeld in OPPOSITION TO 31 Motion to Permit Use of Plaintiffs' Full Names. (Attachments: # 1 Exhibits A−F) (Grunfeld, Gay) Modified on 2/7/2007 (Engbretson, K.). (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

41

DECLARATION of Sara Norman in OPPOSITION TO 31 Motion to Permit Use of Plaintiffs' Full Names. (Attachments: # 1 Exhibits A−B) (Grunfeld, Gay) Modified on 2/7/2007 (Engbretson, K.). (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

310

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 4/1/08 ORDERING that Motion Hearing for 290 Motion to Compel is continued to 4/10/2008 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.(Dillon, M)

April 1, 2008

April 1, 2008

RECAP
311

ORDER signed by Magistrate Judge Gregory G. Hollows on 3/31/08 ORDERING that dfts have to and including 4/3/08, within which to comply with this Court's discovery order dated 3/20/08. (Kastilahn, A)

April 1, 2008

April 1, 2008

RECAP
42

DECLARATION of D.K. in OPPOSITION TO 31 Motion to Permit Use of Plaintiffs' Full Names. (Grunfeld, Gay) Modified on 2/7/2007 (Engbretson, K.). (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

43

RESPONSE in OPPOSITION to 27 Motion to Dismiss and Motion to Strike Allegations. Attorney Morgan, Briana Lynn added. (Attachments: # 1 Exhibit 1)(Morgan, Briana) Modified on 2/7/2007 (Engbretson, K.). (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

320

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/8/08 ORDERING that the 312 Stipulation filed 4/4/08 cannot be signed.(Duong, D)

April 8, 2008

April 8, 2008

RECAP
325

AMENDED STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 4/10/08 and agreed between the parties EXTENDING the time for the Joint Statement re the Motion to Compel to 4/17/08; and the Motion to Compel Hearing set for 4/24/2008 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.(Yin, K)

April 10, 2008

April 10, 2008

RECAP
44

CERTIFICATE of SERVICE (Service Via Hand Delivery) re 43 Response in Opposition to Motion by Plaintiffs. (Morgan, Briana) Modified on 2/7/2007 (Engbretson, K.). (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

355

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/25/08. ORDERING that By April 30, 2008, dfts shall produce all documents listed on their privilege log, objections for which were deliberative process, official information, and/or privacy, to the extent that these claims of privilege were the sole basis for documents being listed on the privilege log. All documents which have not heretofore been produced in their native format or other reasonably usable form, shall be produced in one of t hose formats by April 30, 2008. Defendants are directed to apply the definition of reasonably usable form as explained in the Advisory Committee Notes to Rule 34, subdivision (b).2 Any documents not yet produced in response to plaintiffs third request for production of documents shall be produced by April 30, 2008. Defendants shall produce a final omnibus privilege log by April 30, 2008; documents which have been produced shall not be listed on this log.(Mena-Sanchez, L)

April 25, 2008

April 25, 2008

RECAP
45

MEMORANDUM/RESPONSE in OPPOSITION to 33 Motion for Class Certification. (Attachments: # 1 Declaration of James Sobolewski # 2 Declaration of Hunter # 3 Exhibits A−C to Sobolewski Declaration)(Sobolewski, James) Modified on 2/7/2007 (Engbretson, K.). Modified on 2/14/2007 (Brown, T). (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

358

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/1/08: Plaintiffs' October 5, 2007 request for fees and costs is granted in part in the amount of $58,227.15 205 . Defendants shall pay plaintiffs this amount within 45 days of this order. (Kaminski, H)

May 2, 2008

May 2, 2008

RECAP
46

MINUTE ORDER re 31 Motion to Permit Use of Plaintiffs' Full Names, 33 Motion to Certify Class, and 27 Motion to Dismiss and Motion to Strike Allegations. The parties are hereby notified that the hearing on the Motions, currently scheduled for 02/20/2007, is CONTINUED TO 2/23/2007 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Text Only)(Rivas, A) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

362

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/14/08 ORDERING that plaintiffs' 322 motion for sanctions, filed April 10, 2008, is GRANTED. Plaintiffs' 290 313 motion to compel production of documents and compliance with the September 21, 2007 sanctions order, filed April 3, 2008, is GRANTED IN PART and DENIED IN PART. (Duong, D)

May 14, 2008

May 14, 2008

RECAP
47

CERTIFICATE of SERVICE by A.Z., D.K., D.R., L.H.. (Grunfeld, Gay) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

394

ORDER signed by Senior Judge Lawrence K. Karlton on 5/21/2008 ORDERING 351 that the Special Master shall be Chase Riveland with Virginia Morrison to serve as Deputy Special Master. The Special Master shall have duties listed in this order.(Reader, L)

May 22, 2008

May 22, 2008

RECAP
48

MOTION to SEAL the Reply Declaration of Gay Crosthwait Grunfeld by A.Z., D.K., D.R., L.H.. Motion Hearing set for 2/23/2007 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Grunfeld, Gay) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

DOC #49: STRICKEN PURSUANT TO ORDER DATED 2/22/07. (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

395

ORDER signed by Senior Judge Lawrence K. Karlton on 05/23/08 ORDERING the plfs to inform the court w/i 5 days whether they intend to withdraw any or allof their pending motions and seek their resolution by the Special Master, or whether the motions are of a nature that requires resolution by the court. (Benson, A)

May 27, 2008

May 27, 2008

RECAP
402

ORDER signed by Senior Judge Lawrence K. Karlton on 6/2/2008 ORDERING that 387 Motion for Summary Judgment and 367 Motion for Summary Judgment shall be referred to Special Master Riveland for informal meet and confer dispute resolution to be completed no later than 6/30/2008. The motions shall be taken off of the Court's 6/16/2008 calendar and continued to 7/25/2008 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Matson, R) Modified on 6/4/2008 (Matson, R).

June 3, 2008

June 3, 2008

RECAP
50

PROPOSED ORDER by A.Z., D.K., D.R., L.H.. (Grunfeld, Gay) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

51

NOTICE by all plaintiffs re 49 . Notice of Inadvertent Filing and Request for Removal of Declaration Inadvertently Filed (Grunfeld, Gay) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

407

ORDER signed by Senior Judge Lawrence K. Karlton on 6/3/08. 378 Motion for Remedial Order and 374 384 Motions for Summary Judgment Hearing RE-SET for 6/30/2008 at 10:00 AM in Courtroom 4 (LKK). The Briefing Schedule remains in accordance with Local Rule 78-230. (Marciel, M) Modified on 6/4/2008 (Marciel, M).

June 4, 2008

June 4, 2008

RECAP

Case Details

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

California's Prisoners' Rights Bar article

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 13, 2006

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Over 4,000 juveniles who have been or are at imminent risk of being wrongfully and unconstitutionally deprived of their liberty in connection with the granting, extending and/or revoking of their Division of Juvenile Justice parole in California.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Prison Law Office

Rosen, Bien, Galvan & Grunfeld

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Board of Parole Hearings, State

California Department of Corrections and Rehabilitation, State

Secretary of the Division of Juvenile Justice, State

Division of Juvenile Parole, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 4816921

Order Duration: 2008 - 2013

Content of Injunction:

Monitor/Master

Recordkeeping

Reporting

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Parole grant/revocation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental impairment