Case: Moyle v. Contra Costa County

3:05-cv-02324 | U.S. District Court for the Northern District of California

Filed Date: June 8, 2005

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On June 8, 2005, juveniles at Contra Costa County's Juvenile Hall filed this class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of California. The plaintiffs challenged the Contra Costa County and Contra Costa County Probation Department policy of subjecting juveniles to multiple strip and/or visual body cavity searches. Represented by private attorneys, the plaintiffs alleged that pursuant to the defendants' policies, juvenile …

On June 8, 2005, juveniles at Contra Costa County's Juvenile Hall filed this class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of California. The plaintiffs challenged the Contra Costa County and Contra Costa County Probation Department policy of subjecting juveniles to multiple strip and/or visual body cavity searches. Represented by private attorneys, the plaintiffs alleged that pursuant to the defendants' policies, juvenile detainees in their custody were subjected to strip and visual body cavity searches before they appeared at a detention hearing and without having any reasonable suspicion that the searches would be productive of contraband or weapons. The plaintiffs sought monetary damages, declaratory and injunctive relief, as well as class certification.

The complaint was amended on September 16, 2005 and alleged claims for: 1) violation of Fourth and Fourteenth Amendments and 42 U.S.C. § 1983; 2) violation of California's Bane Act, California Civil Code section 52.1(a) and Unruh Civil Rights Act, California Civil Code section 52.1(b), based on alleged use of coercion to deprive Plaintiffs of their rights under article I, section 1, of the California Constitution and California Penal Code section 4030; 3) violation of California Penal Code section 4030.

The plaintiffs subsequently moved for class certification. The defendants opposed certification and moved for summary judgment.

On December 5, 2007, the District Court (Magistrate Judge Joseph C. Spero) denied defendants' motion for summary judgment as to the plaintiffs' federal claims, but dismissed the state law claims. Judge Spero certified the case as a class action, defining the class as:

Class One: All juveniles admitted and housed at Contra Costa County Juvenile Hall during the class period who were strip-searched at intake pursuant to defendants' blanket policy and practice of strip-searching all such juveniles prior to their detention hearings, except for: 1) those who were strip-searched at intake after being admitted for an alleged violation (felony or misdemeanor) involving violence, drugs, or weapons; 2) those who were strip-searched at intake because of a reasonable suspicion that such strip search would be productive of contraband; 3) those who had a prior history of being booked on offenses involving drugs, weapons, or violence; 4) those who were subject to parole or probationary search conditions at the time of the strip search; and 5) those who were transferred from another detention facility and thus were not under the constant supervision of a Contra Costa County employee.

Class Two: All juvenile arrestees in Class One who were strip-searched after visits or court appearances, prior to the detention hearing, during the class period.

The class period for both classes was defined as "all persons who are currently juveniles or who reached the age of majority within two years of filing this action and who were subjected to a strip search at Contra Costa County Juvenile Hall before September 15, 2005." Moyle v. County of Contra Costa, 2007 WL 4287315 (N.D.Cal. Dec 05, 2007).

In September 2009, the parties reached a settlement agreement, and on September 8, 2009, the court granted preliminary approval of the settlement. The defendants agreed to implement a revised search policy. The defendants agreed to pay $100,000 to the class representative and $800,000 in attorney's fees and costs. The defendants also agreed to pay a total of $700,000 for the claims of the class members in accordance with the claims processing procedure established in the settlement. The court retained jurisdiction to enforce the settlement.

In 2014, the parties negotiated and filed a motion to modify the order and judgment of dismissal regarding administration of the remaining funds for payments to class members. On April 29, 2014, the court granted in part and denied in part the motion. The court ordered the plaintiffs to file a status report in two years regarding their progress toward locating the remaining class members who had yet to be paid. The plaintiffs spent those two years searching for additional class members to be paid.

On April 4, 2016, the plaintiffs filed the requested status report. The plaintiffs had been able to locate and make payments to five additional class members, but roughly $13,000 remained in the fund. On April 18, Judge Spero ordered the remaining funds be distributed to Loaves and Fishes, an organization that provided community based food

programs and partner services. The case is now closed.

Summary Authors

Dan Dalton (3/10/2008)

Jessica Kincaid (4/9/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4183064/parties/moyle-v-contra-costa-county/


Judge(s)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Merin, Mark E. (California)

Schwartz, Andrew Charles (California)

Schwarzschild, Jeffrey I. (California)

Seaton, Thomas Andrew (California)

Attorneys(s) for Defendant

Belaga, Debra S. (California)

Cooper, Monika L (California)

Fitzgerald, James V. III. (California)

Obstler, Peter (California)

You, Jee Young (California)

Judge(s)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Merin, Mark E. (California)

Schwartz, Andrew Charles (California)

Schwarzschild, Jeffrey I. (California)

Seaton, Thomas Andrew (California)

Attorneys(s) for Defendant

Belaga, Debra S. (California)

Cooper, Monika L (California)

Fitzgerald, James V. III. (California)

Obstler, Peter (California)

You, Jee Young (California)

Yow, John Thomas (California)

Documents in the Clearinghouse

Document

Docket (PACER)

April 18, 2016 Docket
1

Class Action Complaint

June 8, 2005 Complaint
8

First Amended Class Action Complaint

Sept. 16, 2005 Complaint
87

Order Granting Plaintiffs' Motion for Class Certification and Granting in Part and Denying in Part Defendants' Motion for Summary Judgment

2007 WL 4287315

Dec. 5, 2007 Order/Opinion
125-5

Order for Preliminary Approval of Settlement of Class Action

Sept. 8, 2009 Order/Opinion
123

Stipulation of Settlement

Sept. 9, 2009 Settlement Agreement
145

Order and Judgment of Dismissal

March 19, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4183064/moyle-v-contra-costa-county/

Last updated May 13, 2022

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT; Demand for Jury Trial against Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron (Filing fee $ 250.00, receipt number 3373075.). Filed byRussell Moyle, Rhonda Bowers. (gba, COURT STAFF) (Filed on 6/8/2005) Additional attachment(s) added on 6/10/2005 (gba, COURT STAFF). (Entered: 06/09/2005)

June 8, 2005 PACER
2

ADR SCHEDULING ORDER: Case Management Statement due by 9/30/2005. Case Management Conference set for 10/7/2005 01:30 PM. (Attachments: # 1 Standing Order CMC# 2 Standing Order #2)(gba, COURT STAFF) (Filed on 6/8/2005) (Entered: 06/09/2005)

1 Standing Order CMC

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2 Standing Order #2

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June 8, 2005 PACER
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CLERK'S NOTICE TO PLAINTIFFS RE: Consent to Proceed before a U.S. Magistrate Judge. Form due by JUNE 28, 2005. (klh, COURT STAFF) (Filed on 6/14/2005) (Entered: 06/14/2005)

June 14, 2005 PACER
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CONSENT to Proceed Before a US Magistrate Judge by Russell Moyle.. (Schwartz, Andrew) (Filed on 6/16/2005) (Entered: 06/16/2005)

June 16, 2005 PACER
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SUMMONS Returned Executed by Russell Moyle. Contra Costa County served on 7/11/2005, answer due 8/1/2005; Contra Costa County Probation Department served on 7/11/2005, answer due 8/1/2005; Lionel Chatman served on 7/11/2005, answer due 8/1/2005; Jim Matheron served on 7/15/2005, answer due 8/4/2005. (Schwartz, Andrew) (Filed on 7/25/2005) (Entered: 07/25/2005)

July 25, 2005 PACER
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CONSENT to Proceed Before a US Magistrate Judge by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron.. (Fitzgerald, James) (Filed on 8/12/2005) (Entered: 08/12/2005)

Aug. 12, 2005 PACER
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ORDER GRANTIING PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM. Signed by Judge Joseph C. Spero on 8/15/5. (klh, COURT STAFF) (Filed on 8/16/2005) (Entered: 08/16/2005)

Aug. 16, 2005 RECAP
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AMENDED COMPLAINT Class Action against all defendants. Filed byRussell Moyle. (Schwartz, Andrew) (Filed on 9/16/2005) (Entered: 09/16/2005)

Sept. 16, 2005 RECAP
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STIPULATION Request to Reset Case Management Conference; Proposed Order by Russell Moyle. (Schwartz, Andrew) (Filed on 9/23/2005) (Entered: 09/23/2005)

Sept. 23, 2005 PACER
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STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference continued to 12/9/2005 at 1:30 PM. Joint case management conference statement due by 12/2/5. Signed by Judge Joseph C. Spero on 9/26/2005. (klh, COURT STAFF) (Filed on 9/26/2005) (Entered: 09/26/2005)

Sept. 26, 2005 RECAP
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ANSWER to Amended Complaint byContra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron. (Fitzgerald, James) (Filed on 11/29/2005) (Entered: 11/29/2005)

Nov. 29, 2005 PACER
12

JOINT CASE MANAGEMENT STATEMENT ; [Proposed] Order filed by Russell Moyle, Rhonda Bowers. (Merin, Mark) (Filed on 12/1/2005) (Entered: 12/01/2005)

Dec. 1, 2005 PACER
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Minute Entry: Initial Case Management Conference held on 12/9/2005 before Joseph C. Spero. Initial disclosures shall be due by 12/16/5. Phase 1 discovery shall occur wihtin 150 days. A further case management conference is set for 3/10/6 at 1:30 p.m. Court to prepare Order. (Tape #Not Recorded.) (klh, COURT STAFF) (Date Filed: 12/12/2005) (Entered: 12/12/2005)

Dec. 12, 2005 PACER
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CASE MANAGEMENT AND PRETRIAL ORDER: Initial disclosures shall be due by 12/16/05.Updated Joint Case Management Statement due by 3/3/2006. Further Case Management Conference set for 3/10/2006 at 1:30 PM. Phase I Discovery to be completed by 5/12/2006. Signed by Judge Joseph C. Spero on 12/13/2005. (klh, COURT STAFF) (Filed on 12/13/2005) (Entered: 12/13/2005)

Dec. 13, 2005 PACER
15

JOINT CASE MANAGEMENT STATEMENT (Updated) filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron, Russell Moyle, Rhonda Bowers. (Merin, Mark) (Filed on 3/3/2006) (Entered: 03/03/2006)

March 3, 2006 PACER
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Minute Entry: Further Case Management Conference held on 3/10/2006 before Joseph C. Spero. Court to prepare Order. (Tape #Not Recorded.) (klh, COURT STAFF) (Date Filed: 3/10/2006) (Entered: 03/10/2006)

March 10, 2006 PACER
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FURTHER CASE MANAGEMENT AND PRETRIAL ORDER: Updated Joint Case Management Statement due by 7/28/2006. Further Case Management Conference set for 8/4/2006 at 1:30 PM. Signed by Judge Joseph C. Spero on 03/15/06. (klh, COURT STAFF) (Filed on 3/15/2006) (Entered: 03/15/2006)

March 15, 2006 PACER
18

JOINT CASE MANAGEMENT STATEMENT [Updated] filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron, Russell Moyle, Rhonda Bowers. (Merin, Mark) (Filed on 7/26/2006) (Entered: 07/26/2006)

July 26, 2006 PACER
19

Minute Entry: Further Case Management Conference held on 8/4/2006 before Joseph C. Spero. Parties shall submit a joint letter to the Court with the name of the mediator and mediation date by 8/11/6. An updated joint case management conference statement shall be due by 11/9/6. A further case management conference is set for 11/17/6 at 1:30 PM. Court to prepare Order. (Tape #Not Recorded.) (klh, COURT STAFF) (Date Filed: 8/4/2006) (Entered: 08/04/2006)

Aug. 4, 2006 PACER
20

FURTHER CASE MANAGEMENT AND PRETRIAL ORDER: Private Mediation shall occur no later than 11/1/6. Parties shall submit a joint letter to the Court with the name of the mediator, and mediation date by 8/11/6. Updated Joint Case Management Statement due by 11/9/2006. Further Case Management Conference set for 11/17/2006 at 1:30 PM. Plaintiff shall file their Motion for Class Certification by 12/15/2006. Signed by Judge Joseph C. Spero on 8/8/6. (klh, COURT STAFF) (Filed on 8/8/2006) (Entered: 08/08/2006)

Aug. 8, 2006 PACER
21

Letter from Andrew Schwartz. (Schwartz, Andrew) (Filed on 8/10/2006) (Entered: 08/10/2006)

Aug. 10, 2006 PACER
22

Letter from James V. Fitzgerald, III. (Fitzgerald, James) (Filed on 10/31/2006) (Entered: 10/31/2006)

Oct. 31, 2006 PACER
23

JOINT CASE MANAGEMENT STATEMENT filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman. (Fitzgerald, James) (Filed on 11/13/2006) (Entered: 11/13/2006)

Nov. 13, 2006 PACER
24

ORDER GRANTING 23 Updated Joint Case Management Statement filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman. The further case management conference, set for 11/17/6 at 1:30 PM, has been continued to 3/2/7 at 1:30 PM. Signed by Judge Joseph C. Spero on 11/14/06. (klh, COURT STAFF) (Filed on 11/14/2006) (Entered: 11/14/2006)

Nov. 14, 2006 RECAP
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NOTICE of Change In Counsel by Mark E. Merin, Esq (Merin, Mark) (Filed on 11/15/2006) (Entered: 11/15/2006)

Nov. 15, 2006 PACER
26

Letter from James V. Fitzgerald, III. (Fitzgerald, James) (Filed on 1/11/2007) (Entered: 01/11/2007)

Jan. 11, 2007 PACER
27

CLERK'S NOTICE that the Further Case Management Conference previously noticed for 3/2/7 at 1:30 PM has been continued to 3/9/2007 at 1:30 PM. The Joint Updated Case Management Statement shall be due by 3/2/2007. (klh, COURT STAFF) (Filed on 1/30/2007) (Entered: 01/30/2007)

Jan. 30, 2007 PACER
28

STIPULATION TO CONTINUE DATE OF FURTHER CASE MANAGEMENT CONFERENCE by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron. (Fitzgerald, James) (Filed on 2/20/2007) (Entered: 02/20/2007)

Feb. 20, 2007 PACER
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STIPULATION AND ORDER TO CONTINUE DATE OF FURTHER CASE MANAGEMENT CONFERENCE from March 9, 2007 at 1:30 PM to March 23, 2007 at 1:30 PM. Joint updated statement due by 3/16/7. Signed by Judge Joseph C. Spero on 2/26/7. (klh, COURT STAFF) (Filed on 2/26/2007) (Entered: 02/26/2007)

Feb. 26, 2007 RECAP
30

JOINT CASE MANAGEMENT STATEMENT filed by Russell Moyle. (Schwartz, Andrew) (Filed on 3/16/2007) (Entered: 03/16/2007)

March 16, 2007 PACER
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STIPULATION and Order Re: Extension of Time to File Motion for Class Certification by Russell Moyle. (Schwartz, Andrew) (Filed on 3/16/2007) (Entered: 03/16/2007)

March 16, 2007 PACER
32

STIPULATION AND ORDER RE: EXTENSION OF TIME TO FILE MOTION FOR CLASS CERTIFICATION - 60 days from 3/19/07. Signed by Judge Joseph C. Spero on 03/19/07. (klh, COURT STAFF) (Filed on 3/19/2007) (Entered: 03/19/2007)

March 19, 2007 RECAP
33

Minute Entry: Further Case Management Conference held on 3/23/2007 before Joseph C. Spero. A further case management conference will be set at the Motion for Class Certification hearing. (Tape #Not Recorded.) (klh, COURT STAFF) (Date Filed: 3/23/2007) (Entered: 03/23/2007)

March 23, 2007 PACER
34

ASSOCIATION of Counsel by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron. (Fitzgerald, James) (Filed on 5/17/2007) (Entered: 05/17/2007)

May 17, 2007 PACER
35

MOTION to Certify Class Notice filed by Katherine Ermitano, Russell Moyle. Motion Hearing set for 6/22/2007 01:30 PM in Courtroom A, 15th Floor, San Francisco. (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

May 18, 2007 PACER
36

Brief re 35 MOTION to Certify Class Notice filed byKatherine Ermitano, Russell Moyle. (Related document(s) 35 ) (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

May 18, 2007 PACER
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Declaration in Support of 35 MOTION to Certify Class Notice, 36 Brief filed byKatherine Ermitano, Russell Moyle. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q)(Related document(s) 35, 36 ) (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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May 18, 2007 PACER
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Declaration in Support of 36 Brief, 37 Declaration in Support,, 35 MOTION to Certify Class Notice Re: Briefing Schedule filed byKatherine Ermitano, Russell Moyle. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Related document(s) 36, 37, 35 ) (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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May 18, 2007 PACER
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Declaration of Katherine Ermitano in Support of 36 Brief, 38 Declaration in Support,, 37 Declaration in Support,, 35 MOTION to Certify Class Notice filed byKatherine Ermitano, Russell Moyle. (Related document(s) 36, 38, 37, 35 ) (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

May 18, 2007 PACER
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Proposed Order re 35 MOTION to Certify Class Notice by Katherine Ermitano, Russell Moyle. (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

May 18, 2007 PACER
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NOTICE by Katherine Ermitano, Russell Moyle re 35 MOTION to Certify Class Notice Proposed (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

May 18, 2007 PACER
42

STIPULATION AND PROPOSED ORDER SETTING BRIEFING SCHEDULE FOR CLASS CERTIFICATION MOTION by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron. (Fitzgerald, James) (Filed on 5/29/2007) (Entered: 05/29/2007)

May 29, 2007 PACER
43

STIPULATION AND ORDER SETTING BRIEFING SCHEDULE FOR CLASS CERTIFICATION MOTION. Pla's Motion for Class Certification is now set for 8/17/7 at 1:30 PM. A further case management conference is also set for 8/17/7 at 1:30 PM. A joint updated case management conference statement shall be due by 8/10/7. Signed by Judge Joseph C. Spero on 5/29/7. (klh, COURT STAFF) (Filed on 5/30/2007) (Entered: 05/30/2007)

May 30, 2007 RECAP
44

MOTION for Summary Judgmeng; Memorandum of Points and Authorities in Support Thereof filed by Nancy Miller, Contra Costa County, Contra Costa County Probation Department, Lionel Chatman. Motion Hearing set for 8/17/2007 09:00 AM in Courtroom A, 15th Floor, San Francisco. (Obstler, Peter) (Filed on 6/22/2007) Modified on 6/26/2007 (gba, COURT STAFF). (Entered: 06/22/2007)

June 22, 2007 PACER
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Appendix of Unpublished Authorities in support of 44 MOTION for Summary Judgment; Memorandum of Points and Authorities in Support Thereof filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Attachments: # 1 Exhibit TAB 1# 2 Exhibit TAB 2)(Related document(s) 44 ) (Obstler, Peter) (Filed on 6/22/2007) Modified on 6/26/2007 (gba, COURT STAFF). (Entered: 06/22/2007)

1 Exhibit TAB 1

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2 Exhibit TAB 2

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June 22, 2007 PACER
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Declaration of Marlon Washington in Support of 44 MOTION for Summary Judgment; Memorandum of Points and Authorities in Support Thereof filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Related document(s) 44 ) (Obstler, Peter) (Filed on 6/22/2007) Modified on 6/26/2007 (gba, COURT STAFF). (Entered: 06/22/2007)

June 22, 2007 PACER
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Declaration of James V. Fitzgerald, III in Support of 44 MOTION for Summary Judgment; Memorandum of Points and Authorities in Support Thereof filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J_1# 11 Exhibit J_2# 12 Exhibit K_1# 13 Exhibit K_2# 14 Exhibit L# 15 Exhibit M)(Related document(s) 44 ) (Obstler, Peter) (Filed on 6/22/2007) Modified on 6/26/2007 (gba, COURT STAFF). (Entered: 06/22/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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9 Exhibit I

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10 Exhibit J_1

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11 Exhibit J_2

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12 Exhibit K_1

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13 Exhibit K_2

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14 Exhibit L

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15 Exhibit M

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June 22, 2007 PACER
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NOTICE of Statement of Undisputed Facts and Defendants' Seperate Statement of Proposed Undisputed Facts that Plaintiffs Continue to Dispute in support of by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller 44 MOTION for Summary Judgment; Memorandum of Points and Authorities in Support Thereof (Obstler, Peter) (Filed on 6/23/2007) Modified on 6/26/2007 (gba, COURT STAFF). (Entered: 06/23/2007)

June 23, 2007 PACER
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Memorandum in Opposition re 35 MOTION to Certify Class Notice filed byContra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Obstler, Peter) (Filed on 6/23/2007) (Entered: 06/23/2007)

June 23, 2007 PACER
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Appendix of Unpublished Authorities in support of 49 Memorandum in Opposition filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Attachments: # 1 Exhibit TAB 1)(Related document(s) 49 ) (Obstler, Peter) (Filed on 6/23/2007) Modified on 6/26/2007 (gba, COURT STAFF). (Entered: 06/23/2007)

1 Exhibit TAB 1

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June 23, 2007 PACER
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ORDER Motion Hearing set for 10/12/2007 09:30 AM.. Signed by Judge JOSEPH C. SPERO on 6/27/07. (bjt, COURT STAFF) (Filed on 6/27/2007) (Entered: 06/27/2007)

June 27, 2007 RECAP
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STIPULATION and [Proposed] Order to Amend Briefing Schedule and Dismiss Plaintiff Russell Moyle by Contra Costa County. (Obstler, Peter) (Filed on 6/28/2007) (Entered: 06/28/2007)

June 28, 2007 PACER
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STIPULATION AND ORDER re 35 MOTION to Certify Class Notice filed by Katherine Ermitano, Russell Moyle, 44 MOTION for Summary Judgment; Memorandum of Points and Authorities in Support Thereof filed by Nancy Miller, Contra Costa County Probation Department, Contra Costa County, Lionel Chatman, 52 Stipulation filed by Contra Costa County, Russell Moyle terminated. Motion Hearing on Plaintiffs' Motion to Cerfify Class and Defendants' Motin for Summary Judgment set for 10/12/2007 09:30 AM in Courtroom A, 15th Floor, San Francisco. Briefing schedule modified as follows: Plaintiffs' reply to defendants' opposition to plaintiffs' motion for class certification due by July 20, 2007; Plaintiff's response to defendants' motion for summary judgment due by August 14, 2007; Defendants' reply to plaintiffs' response to defendants' motion for summary judgment is due by September 7, 2007. Signed by Judge Joseph C. Spero on 6/29/2007. (tl, COURT STAFF) (Filed on 6/29/2007) (Entered: 06/29/2007)

June 29, 2007 RECAP
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MOTION for Leave to File Excess Pages - Plaintiff's Miscellaneous Administrative Request for Leave to File Up to a 35 Page Brief in Reply to Defendants' Opposition to Plaintiffs' Motion for Class Certification; Declaration of Mark E. Merin; [Proposed] Order [Local Rule 7-11] filed by Katherine Ermitano. Motion Hearing set for 10/12/2007 09:30 AM in Courtroom 15, 18th Floor, San Francisco. (Merin, Mark) (Filed on 7/13/2007) (Entered: 07/13/2007)

July 13, 2007 PACER
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Reply Memorandum to Plaintiffs' Miscellaneous Administrative Request for Leave to File up to a 35 Page Brief in Reply to Defendants' Opposition to Plaintiffs' Motion for Class Certification filed byContra Costa County. (Obstler, Peter) (Filed on 7/16/2007) (Entered: 07/16/2007)

July 16, 2007 PACER
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Letter from Jee Young You to Magistrate Judge Joseph C. Spero regarding Corrected Response to Plaintiffs' Miscellaneous Administrative Request for Leave to File up to a 35 Page Brief. (Obstler, Peter) (Filed on 7/17/2007) (Entered: 07/17/2007)

July 17, 2007 PACER
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Reply Memorandum Defendants' CORRECTED Response to Plaintiffs' Miscellaneous Administrative Request for Leave to File up to a 35 Page Brief 54 filed by Contra Costa County. (Obstler, Peter) (Filed on 7/17/2007) Modified on 7/18/2007 (sv, COURT STAFF). (Entered: 07/17/2007)

July 17, 2007 PACER
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Reply to Opposition re 54 MOTION for Leave to File Excess Pages - Plaintiff's Miscellaneous Administrative Request for Leave to File Up to a 35 Page Brief in Reply to Defendants' Opposition to Plaintiffs' Motion for Class Certification; Declaration of Mark E. [Proposed] Order filed byKatherine Ermitano. (Merin, Mark) (Filed on 7/18/2007) (Entered: 07/18/2007)

July 18, 2007 PACER
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Reply to Opposition to Plaintiffs' Motion for Class Certification filed byKatherine Ermitano. (Merin, Mark) (Filed on 7/20/2007) (Entered: 07/20/2007)

July 20, 2007 PACER
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Declaration of Mark E. Merin in Support of 59 Reply to Opposition to Plaintiff's Motion for Class Certification filed byKatherine Ermitano. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Related document(s) 59 ) (Merin, Mark) (Filed on 7/20/2007) (Entered: 07/20/2007)

1 Exhibit A

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July 20, 2007 PACER
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ORDER GRANTING LEAVE TO FILE UP TO A 22-PAGE REPLY BRIEF in support of their Motion for Class Certification. Pla may file a brief not to exceed 21 pages. Signed by Judge Joseph C. Spero on 723/7. (klh, COURT STAFF) (Filed on 7/23/2007) (Entered: 07/23/2007)

July 23, 2007 RECAP
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JOINT CASE MANAGEMENT STATEMENT - JOINT UPDATED CASE MANAGEMENT STATEMENT; DEFENDANTS' UNOPPOSED REQUEST FOR LEAVE TO FILE A REPLY BRIEF UP TO 21 PAGES; [PROPOSED] ORDER filed by Contra Costa County. (Obstler, Peter) (Filed on 8/10/2007) (Entered: 08/10/2007)

Aug. 10, 2007 PACER
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ORDER GRANTING UNOPPOSED REQUEST FOR LEAVE TO FILE A REPLY BRIEF UP TO 21 PAGES. [Grants Docket No. 62]. Signed by Judge Joseph C. Spero on 8/13/7. (klh, COURT STAFF) (Filed on 8/13/2007) Modified on 8/14/2007 (gba, COURT STAFF). (Entered: 08/13/2007)

Aug. 13, 2007 RECAP
64

Memorandum in Opposition to 44 Defendants' Motion for Summary Judgment filed by Katherine Ermitano. (Merin, Mark) (Filed on 8/14/2007) Modified on 8/31/2007 (gba, COURT STAFF). (Entered: 08/14/2007)

Aug. 14, 2007 PACER
65

RESPONSE to Defendants' Statement of Disputed and Undisputed Facts in Opposition to Defendants' Motion for Summary Judgment filed by Katherine Ermitano. (Merin, Mark) (Filed on 8/14/2007) Modified on 8/31/2007 (gba, COURT STAFF). (Entered: 08/14/2007)

Aug. 14, 2007 PACER
66

Notice of Separate Statement of Undisputed Facts in support of 64 Opposition to Defendants' Motion for Summary Judgment filed by Katherine Ermitano. (Merin, Mark) (Filed on 8/14/2007) Modified on 8/31/2007 (gba, COURT STAFF). (Entered: 08/14/2007)

Aug. 14, 2007 PACER
67

Declaration of Mark E. Merin in Support of 64 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment filed by Katherine Ermitano. (Attachments: # 1 Exhibit A-C# 2 Exhibit D# 3 Exhibit E-I)(Merin, Mark) (Filed on 8/14/2007) Modified on 8/31/2007 (gba, COURT STAFF). (Entered: 08/14/2007)

1 Exhibit A-C

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2 Exhibit D

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3 Exhibit E-I

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Aug. 14, 2007 PACER
68

Declaration of John P. Rhoads in Support of 64 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment filed by Katherine Ermitano. (Merin, Mark) (Filed on 8/14/2007) Modified on 8/31/2007 (gba, COURT STAFF). (Entered: 08/14/2007)

Aug. 14, 2007 PACER
69

Declaration of Russell Davis in Support of 64 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment filed by Katherine Ermitano. (Merin, Mark) (Filed on 8/14/2007) Modified on 8/31/2007 (gba, COURT STAFF). (Entered: 08/14/2007)

Aug. 14, 2007 PACER
70

Declaration of Lynn E. Ponton, M.D. in Support of 64 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment filed by Katherine Ermitano. (Merin, Mark) (Filed on 8/14/2007) Modified on 8/31/2007 (gba, COURT STAFF). (Entered: 08/14/2007)

Aug. 14, 2007 PACER
71

Minute Entry: Further Case Management Conference held on 8/17/2007 before Joseph C. Spero. (Tape #Not Recorded.) (klh, COURT STAFF) (Date Filed: 8/17/2007) (Entered: 08/17/2007)

Aug. 17, 2007 PACER
72

FURTHER CASE MANAGEMENT AND PRETRIAL ORDER: Further Case Management Conference set for 10/12/2007 at 09:30 AM. Signed by Judge Joseph C. Spero on 8/20/07. (klh, COURT STAFF) (Filed on 8/20/2007) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
73

RESPONSE to Plaintiffs' Statement of Undisputed Facts in Opposition to Defendants' Motion for Summary Judgment by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Obstler, Peter) (Filed on 9/7/2007) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
74

REPLY to 44 Motion for Summary Judgment filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Obstler, Peter) (Filed on 9/7/2007) Modified on 9/18/2007 (gba, COURT STAFF). (Entered: 09/07/2007)

Sept. 7, 2007 PACER
75

Appendix re 74 Reply to Response to Motion for Summary Judgment filed byContra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Attachments: # 1 Exhibit 1)(Related document(s) 74 ) (Obstler, Peter) (Filed on 9/7/2007) (Entered: 09/07/2007)

1 Exhibit 1

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Sept. 7, 2007 PACER
76

Declaration of Carla Meninsky in Support of 74 Reply to Motion for Summary Judgment filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Related document(s) 74 ) (Obstler, Peter) (Filed on 9/7/2007) Modified on 9/18/2007 (gba, COURT STAFF). (Entered: 09/07/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Sept. 7, 2007 PACER
77

CORRECTED REPLY to 44 Motion for Summary Judgment (with Signature) filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Obstler, Peter) (Filed on 9/7/2007) Modified on 9/18/2007 (gba, COURT STAFF). (Entered: 09/07/2007)

Sept. 7, 2007 PACER
78

AMENDED REPLY to 77 Reply to Motion for Summary Judgment by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Obstler, Peter) (Filed on 9/8/2007) Modified on 9/18/2007 (gba, COURT STAFF). (Entered: 09/08/2007)

Sept. 8, 2007 PACER
79

Letter from Carla Meninsky Regarding Reply Filed on 9/7/07. (Obstler, Peter) (Filed on 9/10/2007) (Entered: 09/10/2007)

Sept. 10, 2007 PACER
80

ERRATA re 78 Amended Reply by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Obstler, Peter) (Filed on 9/10/2007) Modified on 9/19/2007 (gba, COURT STAFF). (Entered: 09/10/2007)

Sept. 10, 2007 PACER
81

CLERK'S NOTICE that the hearing on Plas' Motion for Class Cert., Dfts' Motion for Summary Judgment and Further Case Management Conference prev. set for 10/12/7, has been reset for 10/26/2007 at 09:30 AM. Updated Joint Case Management Statement due by 10/19/2007. (klh, COURT STAFF) (Filed on 10/9/2007) (Entered: 10/09/2007)

Oct. 9, 2007 PACER
82

JOINT CASE MANAGEMENT STATEMENT filed by Katherine Ermitano. (Merin, Mark) (Filed on 10/22/2007) (Entered: 10/22/2007)

Oct. 22, 2007 PACER
83

Minute Entry: Further Case Management Conference held on 10/26/2007 before Joseph C. Spero. Motion Hearing held on 10/26/2007 before Joseph C. Spero re 35 MOTION to Certify Class Notice filed by Katherine Ermitano, Russell Moyle, 44 MOTION for Summary Judgment; Memorandum of Points and Authorities in Support Thereof filed by Nancy Miller, Contra Costa County Probation Department, Contra Costa County, Lionel Chatman. Moions Submitted. (Court Reporter Starr Wilson.) (klh, COURT STAFF) (Date Filed: 10/26/2007) (Entered: 10/26/2007)

Oct. 26, 2007 PACER
84

Letter from James V. Fitzgerald, III. (Fitzgerald, James) (Filed on 11/9/2007) (Entered: 11/09/2007)

Nov. 9, 2007 PACER
85

NOTICE of Voluntary Dismissal by Stipulation of Defendants Contra Costa County Chief Probation Officer Lionel Chatman and Contra Costa County Chief Deputy Probation Officer for Juvenile Hall Nancy Miller, in their INDIVIDUAL capacities ONLY [FRCP Rule 41(a)]; [Proposed] Order by Katherine Ermitano, Russell Moyle (Merin, Mark) (Filed on 11/19/2007) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
86

STIPULATION AND ORDER RE: VOLUNTARY DISMISSAL OF DEFENDANTS CONTRA COSTA COUNTY CHIEF PROBATION OFFICER LIONEL CHATMAN AND CONTRA COSTA COUNTY CHIEF DEPUTY PROBATION OFFICER FOR JUVENILE HALL NANCY MILLER, IN THEIR INDIVIDUAL CAPACITIES, ONLY. Signed by Judge Joseph C. Spero on 11/20/07. (klh, COURT STAFF) (Filed on 11/21/2007) (Entered: 11/21/2007)

Nov. 21, 2007 RECAP
87

ORDER re 35 MOTION to Certify Class and 44 MOTION for Summary Judgment. Signed by Judge Joseph C. Spero on December 5, 2007. (jcslc1, COURT STAFF) (Filed on 12/5/2007) (Entered: 12/05/2007)

Dec. 5, 2007 RECAP
88

NOTICE by Katherine Ermitano, Russell Moyle Agreed Notice of Pendency of Class Action (Attachments: # 1 Notice of Pendency of Class Action)(Merin, Mark) (Filed on 1/4/2008) (Entered: 01/04/2008)

1 Notice of Pendency of Class Action

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Jan. 4, 2008 PACER
89

TRANSCRIPT of Proceedings held on 10/26/07 before Judge Joseph C. Spero. Court Reporter: Starr A. Wilson. (sv, COURT STAFF) (Filed on 1/9/2008) (Entered: 01/16/2008)

Jan. 9, 2008 PACER
90

JOINT CASE MANAGEMENT STATEMENT filed by Russell Moyle. (Schwartz, Andrew) (Filed on 4/21/2008) (Entered: 04/21/2008)

April 21, 2008 PACER
91

CLERK'S NOTICE Setting A Discovery Conference for 5/5/8 at 11:00 AM before Judge Joseph C. Spero, Courtroom A, 15th Floor, San Francisco, CA (klh, COURT STAFF) (Filed on 4/28/2008) (Entered: 04/28/2008)

April 28, 2008 PACER
92

Minute Entry: Discovery Hearing held on 5/5/2008 before Joseph C. Spero. Further case management conference set for 7/18/8 at 9:30 AM. Joint updated case management conference statement due by 7/14/8. (Tape #FTR 11:13-11:36.) (klh, COURT STAFF) (Date Filed: 5/5/2008) (Entered: 05/05/2008)

May 5, 2008 PACER
93

FURTHER CASE MANAGEMENT AND PRETRIAL ORDER: Joint Updated Case Management Statement due by 7/14/2008. Further Case Management Conference set for 7/18/2008 at 09:30 AM. Signed by Judge Joseph C. Spero on 5/7/8. (klh, COURT STAFF) (Filed on 5/7/2008) (Entered: 05/07/2008)

May 7, 2008 PACER
94

CASE MANAGEMENT STATEMENT filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Fitzgerald, James) (Filed on 7/11/2008) (Entered: 07/11/2008)

July 11, 2008 PACER
95

CLERK'S NOTICE continuing the Further Case Management Conference to 8/22/2008 at 01:30 PM. Joint Updated Case Management Statement due by 8/22/2008. (klh, COURT STAFF) (Filed on 7/16/2008) (Entered: 07/16/2008)

July 16, 2008 PACER
96

CASE MANAGEMENT STATEMENT filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Obstler, Peter) (Filed on 8/15/2008) (Entered: 08/15/2008)

Aug. 15, 2008 PACER
97

CASE MANAGEMENT STATEMENT of Plaintiffs filed by Katherine Ermitano, Russell Moyle. (Schwartz, Andrew) (Filed on 8/18/2008) (Entered: 08/18/2008)

Aug. 18, 2008 PACER
98

STIPULATION and [Proposed] Order re: Case Management Conference Continuance Until January 2009 by Katherine Ermitano, Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller, Russell Moyle, Rhonda Bowers. (Obstler, Peter) (Filed on 8/18/2008) (Entered: 08/18/2008)

Aug. 18, 2008 PACER
99

STIPULATION AND ORDER RE: CASE MANAGEMENT CONFERENCE CONTINUANC UNTIL JAN. 2009. Further Case Management Conference currently set for 8/22/8 at 1:30 PM has been re-set for 1/16/2009 at 01:30 PM. Signed, as modified, by Judge Joseph C. Spero on 8/19/08. (klh, COURT STAFF) (Filed on 8/19/2008) (Entered: 08/19/2008)

Aug. 19, 2008 RECAP
100

NOTICE of Change of Address by Peter Obstler for O'Melveny & Myers LLP (Obstler, Peter) (Filed on 8/28/2008) (Entered: 08/28/2008)

Aug. 28, 2008 PACER

State / Territory: California

Case Type(s):

Juvenile Institution

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: June 8, 2005

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are currently juveniles or who reached the age of majority within two years of filing this action and who were subjected to a strip search at Contra Costa County Juvenile Hall before September 15, 2005.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Contra Costa County (Contra Costa), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,600,000

Order Duration: 2010 - None

Content of Injunction:

Monitoring

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run