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

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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 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.)), 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On February 28, 2007, in an unpublished order, the district court (Senior District Judge Lawrence K. Karlton) certified a class consisting of juvenile parolees in or under the jurisdiction of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:

attorneys would be appointed for every juvenile parolee charged with a violation of parole within 8 business days
juveniles would receive a preliminary probable cause hearing within 13 business days,
if no probable cause is found, the juvenile would receive a full revocation hearing within 35 calendar days of the parole hold,
juveniles would have the right to present evidence and witnesses at their probable cause and revocation hearings,
clear policies would be developed to spell out which behavior warrants revocation of parole or a return to a DJJ facility,
youth who were not revoked would be promptly released and DJJ would end a policy of temporary detention for youth continued on parole,
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,
accommodations for mental and physical disabilities and for effective communications would be provided, 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
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)

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

People

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

Judge(s)

Attorney for Plaintiff

Bien, Michael W. (California)

Burrell, Susan L. (California)

Attorney for Defendant

Angus, Michelle Leigh (California)

Brown, Edmund G. Jr. (California)

Chaney, David S. (California)

Judge(s)

Drozd, Dale Alan (California)

Hollows, Gregory G. (California)

Karlton, Lawrence K. (California)

Attorney 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)

Attorney 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)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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 2007 WL 662463
117 2:06-cv-02042	[Order]	May 21, 2007	May 21, 2007 Order/Opinion 2007 WL 1501018
119 2:06-cv-02042	[Order]	May 25, 2007	May 25, 2007 Order/Opinion 2007 WL 1531420
153 2:06-cv-02042	[Order]	July 6, 2007	July 6, 2007 Order/Opinion 2007 WL 2009807
201 2:06-cv-02042	Order L.H. v. Schwarzenegger	Sept. 19, 2007	Sept. 19, 2007 Order/Opinion 519 F.Supp.2d 1072
266 2:06-cv-02042	Order L.H. v. Schwarzenegger	Jan. 29, 2008	Jan. 29, 2008 Order/Opinion 2008 WL 268983

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Plata v. Brown and Realignment: Jails, Prisons, Courts, and Politics Margo Schlanger	This Article explores pertinent features of the relevant legal and political ecosystem in which California shrank its prison population. Informed by court documents, state reports and policy papers,…	Winter 2013	Dec. 1, 2013 https://clearinghouse-umich-production.s3.amazonaws.com/...

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Docket

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

Last updated June 1, 2026, 7:08 p.m.

ECF Number	Date	Description	Link
1	Sept. 13, 2006	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)	PACER
2	Sept. 13, 2006	CIVIL COVER SHEET by L.H., A.Z., D.K., and D.R. (Bien, Michael) (Entered: 09/13/2006)	PACER
3	Sept. 13, 2006	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)	PACER
5	Sept. 14, 2006	[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)	PACER
6	Sept. 14, 2006	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)	PACER
	Sept. 14, 2006	RECEIPT number 204 11984 for $350.00 for Civil Filing Fee from Gay Crosthwait Grunfeld. (Caspar, M) (Entered: 09/14/2006)	PACER
	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)	PACER
7	Sept. 15, 2006	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	PACER
8	Sept. 15, 2006	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)	PACER
9	Sept. 15, 2006	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)	PACER
10	Sept. 20, 2006	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)	PACER
12	Sept. 20, 2006	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)	PACER
11	Sept. 21, 2006	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)	PACER
13	Sept. 25, 2006	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)	PACER
14	Sept. 27, 2006	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)	PACER
15	Oct. 3, 2006	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)	PACER
16	Oct. 3, 2006	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)	PACER
17	Oct. 4, 2006	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)	PACER
18	Oct. 4, 2006	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)	PACER
19	Oct. 10, 2006	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)	RECAP
	Oct. 10, 2006	SERVICE BY MAIL: 19 Order served on Carole B Shauffer. (Duong, D) (Entered: 10/10/2006)	PACER
20	Oct. 16, 2006	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)	PACER
21	Oct. 17, 2006	RESERVICE OF DOCUMENTS: re 19 Order addressed to all parties. (Duong, D) (Entered: 10/17/2006)	PACER
22	Oct. 20, 2006	NOTICE of CHANGE of ADDRESS by Michael Bien. (Bien, Michael) (Entered: 10/20/2006)	PACER
23	Nov. 7, 2006	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)	PACER
24	Nov. 8, 2006	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)	PACER
25	Nov. 8, 2006	NOTICE of CHANGE of ADDRESS by Michael Bien. (Bien, Michael) (Entered: 11/08/2006)	PACER
26	Nov. 14, 2006	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)	RECAP
27	Dec. 8, 2006	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)	PACER
28	Dec. 8, 2006	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)	PACER
29	Dec. 8, 2006	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)	PACER
30	Jan. 17, 2007	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)	PACER
31	Jan. 17, 2007	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)	PACER
32	Jan. 22, 2007	REQUEST for an order to schedule a scheduling conference by plts. (rrLang, Meghan) Modified on 1/23/2007 (Duong, D). (Entered: 01/22/2007)	PACER
33	Jan. 23, 2007	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)	PACER
34	Jan. 23, 2007	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)	PACER
35	Jan. 23, 2007	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)	PACER
37	Jan. 23, 2007	CERTIFICATE of SERVICE by plts re 33 MOTION for CLASS CERTIFICATION. (Kennard, Karen) Modified on 1/24/2007 (Duong, D). (Entered: 01/23/2007)	PACER
38	Jan. 25, 2007	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)	RECAP
39	Feb. 6, 2007	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)	PACER
40	Feb. 6, 2007	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)	PACER
41	Feb. 6, 2007	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)	PACER
42	Feb. 6, 2007	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)	PACER
43	Feb. 6, 2007	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)	PACER
44	Feb. 6, 2007	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)	PACER
45	Feb. 6, 2007	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)	PACER
46	Feb. 7, 2007	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)	PACER
47	Feb. 7, 2007	CERTIFICATE of SERVICE by A.Z., D.K., D.R., L.H.. (Grunfeld, Gay) (Entered: 02/07/2007)	PACER
48	Feb. 15, 2007	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)	PACER
50	Feb. 15, 2007	PROPOSED ORDER by A.Z., D.K., D.R., L.H.. (Grunfeld, Gay) (Entered: 02/15/2007)	PACER
51	Feb. 15, 2007	NOTICE by all plaintiffs re 49 . Notice of Inadvertent Filing and Request for Removal of Declaration Inadvertently Filed (Grunfeld, Gay) (Entered: 02/15/2007)	PACER
52	Feb. 15, 2007	PROPOSED ORDER re 49 by A.Z., D.K., D.R., L.H.. (Grunfeld, Gay) (Entered: 02/15/2007)	PACER
53	Feb. 15, 2007	REPLY to RESPONSE to MOTION re 33 MOTION for CLASS CERTIFICATION. (Palumbo, Kristen) (Entered: 02/15/2007)	PACER
	Feb. 15, 2007	DOC #49: STRICKEN PURSUANT TO ORDER DATED 2/22/07. (Entered: 02/15/2007)	PACER
55	Feb. 16, 2007	REPLY to RESPONSE to MOTION. Defendants' Reply to Plaintiffs' Opposition to Motion to Dismiss Motion to Dismiss and Motion to Strike (Sobolewski, James) (Entered: 02/16/2007)	PACER
56	Feb. 20, 2007	REPLY to RESPONSE to MOTION re 31 MOTION to Permit Use of Plaintiffs' Full Names. (Sobolewski, James) (Entered: 02/20/2007)	PACER
57	Feb. 20, 2007	DECLARATION of James M. Sobolewski. in Support of Reply to Plaintiffs' Opposition to Defendants' Motion to Permit Use of Plaintiffs' Full Names (Sobolewski, James) (Entered: 02/20/2007)	PACER
58	Feb. 22, 2007	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)	RECAP
59	Feb. 22, 2007	PROPOSED ORDER Setting Trial and Pre−Trial Dates by A.Z., D.K., D.R., L.H.. (Grunfeld, Gay) (Entered: 02/22/2007)	PACER
60	Feb. 23, 2007	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.)	RECAP
61	Feb. 23, 2007	SEALED EVENT (Engbretson, K.) (Entered: 02/23/2007)	PACER
62	Feb. 23, 2007	MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 2/23/2007 re 31 MOTION to Permit Use of Plaintiffs' Full Names; 33 MOTION for CLASS CERTIFICATION filed by L.H.; 27 MOTION to DISMISS AND MOTION TO STRIKE Allegations. After oral argument, the motion to Permit use of Plaintiff's full name is DENIED. Motion to Dismiss and Motion to Certify are SUBMITTED. Court to issue an order. Plaintiffs Counsel Gay Grosthwait Grunfeld, Briana Lynn Morgan, Michael Bien present. Defendants Counsel James Sobolewski present. Court Reporter: C. Bodene. (Rivas, A) (Entered: 02/23/2007)	PACER
63	Feb. 23, 2007	MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: SCHEDULING CONFERENCE held on 2/23/2007. Final Pretrial Conference set for 6/30/2008 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. 10 day Bench Trial set for 9/30/2008 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Court Order to follow. Plaintiffs Counsel Gay Grosthwait Grunfeld, Briana Lynn Morgan, Michael Bien present. Defendants Counsel James Sobolewski present. (Rivas, A) (Entered: 02/23/2007)	PACER
64	Feb. 28, 2007	SCHEDULING ORDER signed by Judge Lawrence K. Karlton on 02/27/07: Discovery ddl 1/31/2008. Dispositive Hearing Motion ddl 3/30/2008. Final Pretrial Conference set for 6/30/2008 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Bench Trial set for 9/30/2008 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Duong, D) (Entered: 02/28/2007)	PACER
65	Feb. 28, 2007	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)	RECAP
66	March 5, 2007	NOTICE of APPEARANCE by Maria V. Morris on behalf of A.Z., D.K., D.R., L.H.. Attorney Morris, Maria V. added. (Morris, Maria) (Entered: 03/05/2007)	PACER
67	March 5, 2007	NOTICE of APPEARANCE by Sarah Laubach on behalf of A.Z., D.K., D.R., L.H.. Attorney Laubach, Sarah added. (Laubach, Sarah) (Entered: 03/05/2007)	PACER
68	March 14, 2007	MOTION for PROTECTIVE ORDER by A.Z., D.K., D.R., L.H.. Motion Hearing set for 4/5/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Morris, Maria) (Entered: 03/14/2007)	PACER
70	March 22, 2007	[DISREGARD − DOCUMENT NOT SIGNED] Defendants' ANSWER to FIRST AMENDED COMPLAINT by Joe Montes, 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. Attorney Sobolewski, James Michael added.(Sobolewski, James) Modified on 3/23/2007 (Marciel, M). (Entered: 03/22/2007)	PACER
71	March 23, 2007	AMENDED ANSWER to < First Amended Civil Class Action Complaint by dfts . (Sobolewski, James) Modified on 3/23/2007 (Duong, D). (Entered: 03/23/2007)	PACER
72	March 27, 2007	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)	RECAP
73	March 29, 2007	MOTION to COMPEL Inspection by A.Z., D.K., D.R., L.H.. Motion Hearing set for 4/19/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Morgan, Briana) (Entered: 03/29/2007)	PACER
74	March 29, 2007	REQUEST for EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' FIRST SET OF DISCOVERY REQUESTS; DECLARATION OF JAMES M. SOBOLEWSKI by Arnold Schwarzenegger, James E. Tilton, Kingston Bud Prunty, Bernard Warner, John Monday, Susan Melanson, Chuck Supple, CDCR, Division of Juvenile Justice, Board of Parole Hearings. (Attachments: # 1 Exhibit A)(Sobolewski, James) (Entered: 03/29/2007)	PACER
75	March 29, 2007	PROPOSED ORDER Granting Defendants' Request for Extension of Time to Respond to Plaintiffs' First Set of Discovery Requests re 74 Request − ATY, by Joe Montes, Arnold Schwarzenegger, James E. Tilton, Bernard Warner, Susan Melanson, Chuck Supple, CDCR, Division of Juvenile Justice, Board of Parole Hearings. (Sobolewski, James) (Entered: 03/29/2007)	PACER
76	March 29, 2007	MOTION to COMPEL Deposition of John Monday by A.Z., D.K., D.R., L.H.. Motion Hearing set for 4/19/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Grunfeld, Gay) (Entered: 03/29/2007)	PACER
77	March 30, 2007	OPPOSITION to Dfts' 74 REQUEST for an Extension of Time, by A.Z., D.K., D.R., L.H. (Morris, Maria) Modified on 4/2/2007 (Brown, T). (Entered: 03/30/2007)	PACER
78	March 30, 2007	DECLARATION of Gay Crosthwait Grunfeld in OPPOSITION to dfts' 74 Request for an Extension of Time (Attachments: # 1 Exhibit 1−3)(Grunfeld, Gay) Modified on 4/2/2007 (Brown, T). (Entered: 03/30/2007)	PACER
79	March 30, 2007	STIPULATION and PROPOSED ORDER Continuing Hearing on 68 Motion to Compel Entry of a Protective Order by A.Z., D.K., D.R., & L.H. (Morris, Maria) Modified on 4/2/2007 (Brown, T). (Entered: 03/30/2007)	PACER
80	April 2, 2007	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)	RECAP
81	April 2, 2007	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)	RECAP
82	April 10, 2007	DESIGNATION of COUNSEL FOR SERVICE. Added attorney Michelle Leigh Angus for dfts.(Angus, Michelle) Modified on 4/11/2007 (Duong, D). (Entered: 04/10/2007)	PACER
83	April 10, 2007	NOTICE of Addition of Counsel for serivce by dfts. Attorney Nelson, Katherine Kylin added. (Nelson, Katherine) Modified on 4/11/2007 (Duong, D). (Entered: 04/10/2007)	PACER
85	April 12, 2007	STIPULATION and PROPOSED ORDER re Deposition of dft John Monday by plts (Morris, Maria) Modified on 4/13/2007 (Duong, D). (Entered: 04/12/2007)	PACER
86	April 17, 2007	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).	RECAP
87	April 17, 2007	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)	RECAP
88	April 19, 2007	DECLARATION of Michelle L. Angus in Support of Joint Statement of Discovery Disagreement Re: Motion to Compel Production of Documents 69 . (Attachments: # 1 Exhibit A−D# 2 Exhibit E# 3 Exhibit F−G# 4 Declaration of John Monday in Support of Deliberate Process Privilege# 5 Declaration of Bernard Warner in Support of Deliberate Process Privilege)(Sobolewski, James) Modified on 4/20/2007 (Duong, D). (Entered: 04/19/2007)	PACER
89	April 19, 2007	MOTION to COMPEL Compliance with the Court's April 2, 2007 Order 81 by plts. Motion Hearing set for 5/10/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Morris, Maria) Modified on 4/20/2007 (Duong, D). (Entered: 04/19/2007)	PACER
90	April 19, 2007	LETTER to Court requesting for a discovery conference by plts. (Morris, Maria) Modified on 4/20/2007 (Duong, D). (Entered: 04/19/2007)	PACER
91	April 19, 2007	DECLARATION of Maria V. Morris in Support of re 68 MOTION for PROTECTIVE ORDER. (Attachments: # 1 Exhibit A−D# 2 Exhibit E−J)(Morris, Maria) Modified on 4/20/2007 (Duong, D). (Entered: 04/19/2007)	PACER
92	April 19, 2007	JOINT STATEMENT re Discovery Dispute on Motion to compel entry of a Protective Order 68 . (Morris, Maria) Modified on 4/20/2007 (Duong, D). (Entered: 04/19/2007)	PACER
93	April 19, 2007	PROPOSED PROTECTIVE ORDER re Confidentiality of Personal Information and Security Information. (Morris, Maria) Modified on 4/20/2007 (Duong, D). (Entered: 04/19/2007)	PACER
94	April 19, 2007	DECLARATION of Sarah Laubach in Support Of re 69 MOTION to COMPEL Production of Documents . (Attachments: # 1 Exhibit A−I# 2 Exhibit J−P)(Laubach, Sarah) Modified on 4/20/2007 (Duong, D). (Entered: 04/19/2007)	PACER
95	April 19, 2007	PROPOSED ORDER Granting 69 MOTION to COMPEL Production of Documents by plts (Laubach, Sarah) Modified on 4/20/2007 (Duong, D). (Entered: 04/19/2007)	PACER
96	April 19, 2007	JOINT STATEMENT re plts' 69 MOTION to COMPEL Production of Documents. (Laubach, Sarah) Modified on 4/20/2007 (Duong, D). (Entered: 04/19/2007)	PACER
97	April 20, 2007	JOINT STIPULATION and PROPOSED ORDER re Request for Inspection. (Morgan, Briana) Modified on 4/23/2007 (Duong, D). (Entered: 04/20/2007)	PACER
98	April 23, 2007	STIPULATION and ORDER signed by Judge Gregory G. Hollows on 4/23/07 re: Request for Inspection. (Donati, J)	RECAP
99	April 23, 2007	TRANSCRIPT of Oral Argument re Motion to Dismiss and Trike Allegations, Permit use of full names, Certify Class held on 02/23/07 before Judge Lawrence K. Karlton. Court Reporter: C. Bodene. (TEXT ONLY) (Duong, D) (Entered: 04/24/2007)	PACER
100	April 25, 2007	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)	RECAP
101	April 26, 2007	MINUTES (Text Only) for proceedings held before Judge Gregory G. Hollows : MOTION HEARING held on 4/26/2007. Plaintiff's Motion to Compel Production of Documents and Motion for Protective Order are submitted. The court instructs the parties to meet and confer in order to resolve the Motion scheduled on 5/10/2007. If the parties resolve the matter, the motion shall be vacated from calendar. Plaintiffs Counsel Gay C. Grunfeld, Sarah M. Laubach & Maria V. Morris present. Defendants Counsel Michelle l. Angus and Stephen P. Acquisto present. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 04/26/2007)	PACER
102	April 30, 2007	REQUEST for Letter/Request(s) re: 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. Attorney Angus, Michelle Leigh added. (Angus, Michelle) (Entered: 04/30/2007)	PACER

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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