Case: Jackson v. Dezember

2:08-cv-01954 | U.S. District Court for the Eastern District of California

Filed Date: July 8, 2008

Closed Date: March 14, 2012

Clearinghouse coding complete

Case Summary

On July 8, 2008, Kevin Jackson, a California inmate suffering from hepatitis C, filed this class action suit in U.S. District Court against the California Department of Corrections and Rehabilitation, under 42 U.S.C. § 1983. Jackson filed in the Central District of California (Docket No. 2:08-cv-04454), but on 8/19/2008, the matter was transferred to the Eastern District of California, and given a new docket number (2:08-cv-01954)/ The class, represented by private counsel, asked the court for…

On July 8, 2008, Kevin Jackson, a California inmate suffering from hepatitis C, filed this class action suit in U.S. District Court against the California Department of Corrections and Rehabilitation, under 42 U.S.C. § 1983. Jackson filed in the Central District of California (Docket No. 2:08-cv-04454), but on 8/19/2008, the matter was transferred to the Eastern District of California, and given a new docket number (2:08-cv-01954)/ The class, represented by private counsel, asked the court for both declaratory and injunctive relief, alleging that the state's deficiencies in treatment constituted cruel and unusual punishment under the Eighth Amendment. The suit charged that the Department of Corrections excluded thousands of inmates from liver biopsies and other treatments, allowing the hepatitis to progress. The plaintiff later amended the complaint, no longer seeking a class action but instead seeking damages for the specific harm done to him.

The CDCR filed a motion to dismiss, alleging that the plaintiff had not sought out the proper remedies before filing the suit, violating the Prison Litigation Reform Act, 42 U.S.C. 1997e. The district court (Judge Morrison England) denied the motion, ruling that it was misplaced (2009 WL 3296677). He held that, even though the plaintiff had not yet exhausted his remedies, the amended complaint properly addressed the issues raised by the defendants.

Over time, it appears that the plaintiff's attorney stopped pursuing this action. On March 12, 2012, Judge England dismissed the claims under Rule 41(b) for failure to prosecute. The court cited failure to comply with an order of the court (to show cause why it should not dismiss for failure to prosecute) as the grounds for dismissal.

Summary Authors

Jonathan Forman (7/17/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4159578/parties/jackson-v-traquina/


Judge(s)

England, Morrison C. Jr. (California)

Attorney for Plaintiff
Attorney for Defendant

Becker, Christopher James (California)

Brown, Edmund G. Jr. (California)

Chaney, David S. (California)

East, Rochelle C. (California)

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Documents in the Clearinghouse

Document

2:08-cv-04454

Docket [PACER]

U.S. District Court for the Central District of California

Nov. 6, 2008

Nov. 6, 2008

Docket

2:08-cv-01954

Docket

Jackson v. Traquina

April 5, 2012

April 5, 2012

Docket
1

2:08-cv-04454

Complaint for Injunctive Relief for Violation of Civil Rights

U.S. District Court for the Central District of California

July 8, 2008

July 8, 2008

Complaint
3

2:08-cv-04454

Order to Show Cause

U.S. District Court for the Central District of California

July 18, 2008

July 18, 2008

Order/Opinion
8

2:08-cv-04454

Order Transferring Action

U.S. District Court for the Central District of California

Aug. 19, 2008

Aug. 19, 2008

Order/Opinion
12

2:08-cv-01954

Defendant's Notice of Motion and Motion that the Court Screen Plaintiff's Complaint Under R 28 U.S.C. § 1915A

Aug. 26, 2008

Aug. 26, 2008

Pleading / Motion / Brief
24

2:08-cv-01954

Defendant Dezember's Response to Order to Show Cause

Sept. 19, 2008

Sept. 19, 2008

Pleading / Motion / Brief
27

2:08-cv-01954

First Amended Complaint for Damages for Cruel and Unusual Punishment Based on Denial of Medical Care in Violation of the Eighth Amendment to the United States Constitution

Jackson v. Traquina

Oct. 10, 2008

Oct. 10, 2008

Complaint
31

2:08-cv-01954

Defendants' Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities

Nov. 20, 2008

Nov. 20, 2008

Pleading / Motion / Brief
35

2:08-cv-01954

Order

Jackson v. Traquina

March 11, 2009

March 11, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4159578/jackson-v-traquina/

Last updated June 1, 2026, 7:40 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants Robin Dezember(Director of Division of Correctional Health Care Services of the California Department of Corrections and Rehabilitation, in his individual), Robin Dezember(Director of Division of Correctional Health Care Services of the California Department of Corrections and Rehabilitation, official capacities), DOES 1−10. (Filing fee $ 350 PAID.), filed by Plaintiff Kevin Jackson. (et) (Additional attachment(s) added on 7/14/2008: # 1 Notice of Assignment) (ds). (Entered: 07/10/2008)

July 8, 2008

July 8, 2008

2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Kevin Jackson. (et) (ds). (Entered: 07/10/2008)

July 8, 2008

July 8, 2008

20 DAY Summons Issued re Complaint − (Discovery) 1 as to Defendants Robin Dezember(Director of Division of Correctional Health Care Services of the California Department of Corrections and Rehabilitation, in his individual), Robin Dezember(Director of Division of Correctional Health Care Services of the California Department of Corrections and Rehabilitation, official capacities), DOES 1−10. (et) (Entered: 07/10/2008)

July 8, 2008

July 8, 2008

20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Robin Dezember(Director of Division of Correctional Health Care Services of the California Department of Corrections and Rehabilitation, in his individual), Robin Dezember(Director of Division of Correctional Health Care Services of the California Department of Corrections and Rehabilitation, official capacities), DOES 1-10. (et) [Transferred from cacd on 8/21/2008.]

July 8, 2008

July 8, 2008

3

ORDER TO SHOW CAUSE (In Chambers) by Judge George H. King; Plaintiff's Response to Order to Show Cause why this matter should not be transferred to the Eastern District of California, Sacramento Division, is due by 7/30/2008.(pp)[Transferred from cacd on 8/21/2008.]

July 18, 2008

July 18, 2008

RECAP
4

NOTICE OF NON−OPPOSITION TO TRANSFER TO THE U.S. DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION, AND NOTICE OF RELATED CASE filed by PLAINTIFF Kevin Jackson. (Kammerling, Rebecca) (Entered: 07/30/2008)

July 30, 2008

July 30, 2008

5

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found: Notice of Related Case shall be filed as a separate document using the proper event. Correct event is: Other Filings: Notices − Related Cases. RE: Notice (Other) 4 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ir) (Entered: 08/05/2008)

Aug. 4, 2008

Aug. 4, 2008

6

NOTICE of Related Case(s) filed by PLAINTIFF Kevin Jackson. Related Case(s): Civ S 90−0520 LKK−JFM (Kammerling, Rebecca) (Entered: 08/05/2008)

Aug. 5, 2008

Aug. 5, 2008

7

NOTICE of Change of Attorney Information for attorney Rebecca Kammerling counsel for Plaintiff Kevin Jackson. Adding REBECCA KAMMERLING as attorney as counsel of record for KEVIN JACKSON for the reason indicated in the G−06 Notice. Filed by PLAINTIFF KEVIN JACKSON (Kammerling, Rebecca) (Entered: 08/05/2008)

Aug. 5, 2008

Aug. 5, 2008

9

RECEIVED Notice of Receipt of Electronic Case Transferred from California Central has been opened in Eastern District of California as case 2:08−cv−01954 filed 08/21/2008. (sm) (Entered: 08/22/2008)

Aug. 21, 2008

Aug. 21, 2008

SERVICE BY MAIL: 10 Civil New Case Documents for MCE served on Karen Travis NCAED (Waggoner, D)

Aug. 21, 2008

Aug. 21, 2008

RE-SERVICE BY MAIL: 10 Civil New Case Documents for MCE served on Shawn Khorrami [Atty not registred]. (Mena-Sanchez, L)

Sept. 2, 2008

Sept. 2, 2008

PARTY UPDATE: defendants Alvaro C. Traquina, Jason A. Rohrer, and Hsieh added; defendants Robin Dezember and J. Clark Kelso terminated. (Marciel, M)

Oct. 10, 2008

Oct. 10, 2008

10

DECLARATION filed by Plaintiff Kevin Jackson. (Kammerling, Rebecca) (Entered: 11/06/2008)

Nov. 6, 2008

Nov. 6, 2008

11

PROOF OF SERVICE Executed Kevin Jackson, upon Robin Dezember(Director of Division of Correctional Health Care Services of the California Department of Corrections and Rehabilitation, in his individual) served on 8/6/2008, answer due 8/26/2008. Original Summons No. (Kammerling, Rebecca) (Entered: 11/06/2008)

Nov. 6, 2008

Nov. 6, 2008

35

ORDER signed by Judge Morrison C. England, Jr on 3/11/09 ORDERING that 31 dfts' motion to dismiss is DENIED, without prejudice to renewing said motion upon an adequate evidentiary record. (Kastilahn, A)

March 12, 2009

March 12, 2009

Clearinghouse
43

ORDER signed by Judge Morrison C. England, Jr on 6/2/09 ORDERING dfts' request for extension of time to file a joint status report is GRANTED; the joint status report is now due 6/11/09. (Carlos, K)

June 2, 2009

June 2, 2009

Clearinghouse
50

ORDER signed by Judge Morrison C. England, Jr on 06/16/09 GRANTING 44 Request For Extension of Time. IT IS ORDERED that the Joint Preliminary Report and Discovery Plan is now due on June 16, 2009. (Streeter, J)

June 17, 2009

June 17, 2009

RECAP
58

MEMORANDUM AND ORDER signed by Judge Morrison C. England, Jr on 10/02/09 ORDERING the Defendants' Motion to Dismiss 39 is DENIED. The parties shall file a Joint Status Report not later than twenty (20) calendar days after this Order is filed electronically. (Becknal, R)

Oct. 5, 2009

Oct. 5, 2009

Clearinghouse
60

PRETRIAL SCHEDULING ORDER, signed by Judge Morrison C. England, Jr., on 11/18/09: Designation of Expert Witnesses DUE by 11/2/2011. Discovery is DUE by 9/2/2011. All dispositive motions shall be heard by 1/2/2012. Final Pretrial Conference is SET for 5/3/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr. Joint final pretrial conf statement DUE by 4/12/2012. Trial briefs DUE by 4/19/2012 by 4:00 p.m. Evidentiary or procedural motions DUE by 4/12/2012, oppositions DUE by 4/19/2012, and any reply DUE by 4/26/2012. Jury Trial is SET for 7/2/2012 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr., and it's estimated to last five days. (Kastilahn, A)

Nov. 19, 2009

Nov. 19, 2009

RECAP
62

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jeffrey Steele for Alvaro C. Traquina, Jason A. Rohrer and Hsieh, attorney Gregory George Gomez and Lisa Anne Tillman terminated. (Steele, Jeffrey) Modified on 12/29/2009 (Engbretson, K.). (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

63

LETTER from Charles Walton (non-party) requesting a copy of the docket. (Matson, R) (Entered: 02/18/2010)

Feb. 16, 2010

Feb. 16, 2010

64

REQUEST for by Mike Bazley for copies of plaintiff's 51 Opposition to 39 Motion to Dismiss. (Marciel, M) (Entered: 10/15/2010)

Oct. 13, 2010

Oct. 13, 2010

65

ORDER by Chief Judge Anthony W. Ishii: Due to the appointment of Judge Kimberly J. Mueller to the position of U.S. District Judge, this action is reassigned from *Judge Morrison C. England Jr.* to Judge Mueller for all further proceedings. (Deutsch, S) (Entered: 01/20/2011)

Jan. 20, 2011

Jan. 20, 2011

66

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller on 3/7/2011 ORDERING that in light of the recent reassignment, the Final Pretrial Conference set for 5/3/2012 and the Jury Trial set for 7/2/2012 before District Judge Morrison C. England Jr. are VACATED and RESET as follows: Final Pretrial Conference SET for 5/9/2012 at 11:00 AM and Jury Trial SET for 7/2/2012 at 9:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. The parties shall file a joint pretrial statement no later than 4/25/2012. (Text Only) (Schultz, C) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

67

STIPULATION and PROPOSED ORDER to continue Discover by Kevin Jackson. (Attachments: # 1 Proposed Order) (Ravis, Mark) Modified on 9/14/2011 (Marciel, M) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

68

ORDER signed by Judge Kimberly J. Mueller on 9/20/2011 GRANTING the stipulation of the parties to extend discovery cut-off for 45 days. Discovery due by 10/14/2011.(Michel, G)

Sept. 21, 2011

Sept. 21, 2011

RECAP
69

DISCLOSURE of EXPERT WITNESS by defendants. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit B) (Steele, Jeffrey) Modified on 11/3/2011 (Marciel, M). (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

70

MOTION for SUMMARY JUDGMENT by Hsieh, Jason A. Rohrer, Alvaro C. Traquina. Motion Hearing set for 1/13/2012 at 10:00 AM in Courtroom 3 before Judge Kimberly J. Mueller. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Statement of Undisputed Facts, # 3 Declaration of McAlpine, # 4 Declaration of Jeffrey Steele, # 5 Declaration of Bick)(Steele, Jeffrey) (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

71

NOTICE OF LODGING DOCUMENT IN PAPER by Hsieh, Jason A. Rohrer, Alvaro C. Traquina: Deposition Transcript of Plaintiff Kevin Jackson. (Steele, Jeffrey) Modified on 12/12/2011. Received and routed to file room on 12/12/11. (Meuleman, A). (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

72

STIPULATION To Modify Scheduling Order by Hsieh, Jason A. Rohrer, Alvaro C. Traquina. (Steele, Jeffrey) (Entered: 12/27/2011)

Dec. 27, 2011

Dec. 27, 2011

73

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 12/28/2011: The parties' stipulation to extend the time for hearing dispositive motions 72 is GRANTED. Defendants' motion for summary judgment 70, currently set for 1/13/2012 is RESET to 2/24/2012 at 10:00 AM; Plaintiff's reply to the motion is due within two weeks of the date of this order, with the reply due a week after opposition is filed. (TEXT ONLY ENTRY)(Schultz, C) (Entered: 12/28/2011)

Dec. 28, 2011

Dec. 28, 2011

74

ORDER signed by Judge Kimberly J. Mueller on 2/21/12, ORDERING that the hearing on the motion for summary judgment, currently set for 2/24/12, is hereby VACATED. Plaintiff is ordered to SHOW CAUSE within 14 days of the date of this order why the case should not be dismissed for his failure to prosecute and to respond to the court's order. (Kastilahn, A) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

RECAP
75

ORDER signed by Judge Kimberly J. Mueller on 3/12/12 ORDERING that this action is dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). CASE CLOSED(Becknal, R)

March 13, 2012

March 13, 2012

RECAP
76

JUDGMENT dated *3/13/12* pursuant to order signed by Judge Kimberly J. Mueller on 3/12/12. (Becknal, R) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

77

NOTICE Bill of Costs by Hsieh, Jason A. Rohrer, Alvaro C. Traquina. (Steele, Jeffrey) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

78

BILL of COSTS TAXED by Hsieh, Jason A. Rohrer, Alvaro C. Traquina. (Meuleman, A) Modified on 4/9/2012 (Meuleman, A). (Entered: 04/09/2012)

April 5, 2012

April 5, 2012

Case Details

State / Territory:

California

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Multi-LexSum (in sample)

Key Dates

Filing Date: July 8, 2008

Closing Date: March 14, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

California prisoner with hepatitis C

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State

California Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Eastern District of California 2:08-cv-01954

Central District of California 2:08-cv-04454

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Medical/Mental Health Care:

Hepatitis

Medical care, general

Recommended Citation