Case: Schilling v. TransCor America LLC

3:08-cv-00941 | U.S. District Court for the Northern District of California

Filed Date: Feb. 14, 2008

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On February 14, 2008, a pretrial detainee filed this class action lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued TransCor America, LLC and two of its employee officers under 42 U.S.C. § 1983 and 1988. TransCor is a company that transports pretrial detainees and prisoners throughout the United States for federal, state, and local governments. The plaintiff, represented by private counsel, initiated this action on behalf of himself and all persons similarly situated. He requested declaratory and injunctive relief as well as compensatory and punitive damages. The complaint included two claims for relief for: (1) violations of the Fourth, Eighth, and Fourteenth Amendments, and (2) violation of civil rights under California Civil Code § 52.1. The plaintiff claimed that the defendant's policy, practice, or custom of transporting pretrial detainees and prisoners in poor conditions amounted to violations of the Eighth Amendment's prohibition of cruel and unusual punishment. He also claimed that these practices violated his Fourth and Fourteenth Amendment rights to be free from the use to excessive force.

The plaintiff alleged that TransCor transported pretrial detainees and prisoners in small metal cages in which they could neither stand up nor lie down for more than 24 hours at a time, handcuffed, chained, and in shackles. He also claimed that TransCor failed to provide its detainees with adequate foods, fluids, exercise, hygiene, and medical care. Plaintiff also claimed that after four days of traveling, the two individual defendant employees of TransCor sprayed his face with pepper spray, walked him into poles, and punched him. Plaintiff was not allowed to shower or change clothes or see a nurse or a doctor until approximately two days later.

On May 8, 2008, the case was assigned to Judge Susan Illston who remained the district court judge for the life of the case. On August 11, 2008, she denied the defendant's motion to dismiss the complaint but granted its motion for a more definite statement on the plaintiff's claims under California law. In response to that order, on August 21, 2008, the plaintiffs filed their first amended complaint adding two additional named plaintiffs and specifying its claimed civil rights violations under California law.

Discovery began in early 2009. Judge Illston issued a protective order to maintain business confidentiality for TransCor.

On October 14, 2009, Judge Illston denied the defendants' motion to transfer venue and granted the plaintiffs' motion to file a second amended complaint. 2009 WL 3334889. On October 19, 2009, the plaintiffs filed their second amended complaint. It widened the definition of the class to include pretrial detainees and prisoners whose claims were timely as of February 14, 2006, two years before the original complaint was filed. The plaintiffs indicated that they had unintentionally excluded class members, including juveniles and state hospital inmates, who they learned more about during pre-class certification discovery.

On February 16, 2010, Judge Illston granted part of the plaintiffs' motion for class certification by granting certification to a class more narrow than sought by the plaintiffs. 2010 WL 583972. Specifically, it defined the class as pretrial detainees and prisoners transported by TransCor on behalf of a state agency between February 14, 2006 and February 16, 2010 who were forced to remain in restraints in the transport vehicle for more than 24 hours without being allowed to sleep overnight in a bed. It excluded anyone transported by TransCor on behalf of a federal agency. She also established a subclass to include people transported for more than 24 hours without being allowed to sleep in a bed. On March 16, 2010, Judge Illston approved the plaintiffs' motion to post a notice of pendency of this class action in Prison Legal News for three successive months.

The defendants subsequently sought to appeal that order. On April 21, 2011, Judges Raymond Fisher and Milan Smith Jr. of the United States Court of Appeals for the Ninth Circuit, denied defendants' petition to appeal the District Court's class action certification. On January 24, 2011, the United States Supreme Court denied defendants' petition for writ of certiorari.

Once back before the District Court, the parties each moved for summary judgment. On August 8, 2012, Judge Illston granted the defendants’ motion for summary judgment, finding that on a class-wide basis, the fact that class members were transported, restrained, and denied overnight sleep in a bed for 24 hours did not amount to a constitutional violation. 2012 WL 3257659. She noted that this did not preclude finding a constitutional violation for individual prisoners who were detained for longer periods or in different conditions with specific injuries.

On October 11, 2012, Judge Illston denied plaintiffs’ motion to amend the class certification order to establish classes of persons transported for two, three, four or more days. The effect of these orders was to restart the clock on the statute of limitations applicable to claims of persons who had been in the originally certified class. On December 12, 2012, the court granted the plaintiffs' request to prominently publish information about the litigation in Prison Legal News, explaining that the claims of other prisoners would be barred if they did not move to file their own actions in court.

On January 31, 2013, Judge Illston ordered the case dismissed with prejudice after the parties advised her that they agreed to a private settlement, though she noted that they could file something with the court within the next 90 days to get it back on the calendar if settlement had not yet occurred. On April 3, 2013, Judge Illston granted the parties' request to amend the order to stipulate that while the claims for the three named plaintiffs were dismissed with prejudice, the claims of the other class members were dismissed without prejudice. It also stated that the settlement did not include any side paying the others' attorney fees.

On April 8, 2013, members of the original class who did not settle filed another class action complaint in the Northern District of California, which is also in this Clearinghouse. On May 24, 2013, Judge Illston issued a notice that this second suit against Transcor America was related to the first and would be reassigned to her. Transcor moved for a venue transfer to the Middle District of Tennessee, which Judge Illston granted finding that while either venue was generally proper, Tennessee was more convenient as the location of TransCor's headquarters, non-party witnesses, and relevant documents. That case was transferred on August 29, 2013.

This case, however, is now closed.

Summary Authors

Denise Heberle (8/3/2012)

Veronica Portillo Heap (10/6/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4171920/parties/schilling-v-transcor-america-llc/

Judge(s)

Fisher, Raymond C. (California)

Illston, Susan Yvonne (California)

Attorney for Plaintiff

Kaizuka, Joshua (California)

Attorney for Defendant

Fletcher, Ashlee B (Arizona)

Lewis, David C. (Arizona)

Judge(s)

Fisher, Raymond C. (California)

Illston, Susan Yvonne (California)

Roberts, John Glover Jr. (District of Columbia)

Smith, Milan Dale Jr. (California)

Attorney for Plaintiff

Kaizuka, Joshua (California)

Merin, Mark E. (California)

Schwartz, Andrew Charles (California)

Snell, Karen L. (California)

Attorney for Defendant

Fletcher, Ashlee B (Arizona)

Lewis, David C. (Arizona)

Love, Rachel (Arizona)

Spillner, Justus C. (California)

Struck, Daniel Patrick (Arizona)

Wahlin, Lisa S. (Arizona)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:08-cv-00941	Docket Schilling v. Transcor America	Dec. 16, 2014	Dec. 16, 2014 Docket
1 3:08-cv-00941	Schilling v. Transcor America (Complaint) Schilling v. Transcor America	Feb. 14, 2008	Feb. 14, 2008 Complaint
4 3:08-cv-00941	Schilling v. Transcor America (Motion to Dismiss Class Action Complaint & For a More Definite Statement) Schilling v. Transcor America	March 10, 2008	March 10, 2008 Pleading / Motion / Brief
25 3:08-cv-00941	Schilling v. Transcor America (Partial Grant and Denial of Motion to Dismiss the Complaint) Schilling v. Transcor America	Aug. 11, 2008	Aug. 11, 2008 Order/Opinion 2008 U.S.Dist.LEXIS 64016
26 3:08-cv-00941	Schilling v. Transcor America (Amended Complaint) Schilling v. Transcor America	Aug. 21, 2008	Aug. 21, 2008 Complaint
81 3:08-cv-00941	Schilling v. Trancor America (Motion to Transfer Venue Denied & Motion to File Second Amended Complaint Granted) Schilling v. Transcor America	Oct. 14, 2009	Oct. 14, 2009 Order/Opinion 2009 U.S.Dist.LEXIS 100447
83 3:08-cv-00941	Second Amended Complaint Schilling v. Transcor America LLC	Oct. 19, 2009	Oct. 19, 2009 Complaint
110 3:08-cv-00941	Schilling v. Transcor America (Class Certification Granted) Schilling v. Transcor America	Feb. 16, 2010	Feb. 16, 2010 Order/Opinion 2010 U.S.Dist.LEXIS 20786
118 3:08-cv-00941	Schilling v. Transcor (Notice of Pendency of Class Action) Schilling v. Transcor	March 16, 2010	March 16, 2010 Order/Opinion
10-00468	Schilling v. Transcor America (Denial of Writ of Certiorari to Supreme Court) Schilling v. Transcor America Supreme Court of the United States	Jan. 24, 2011	Jan. 24, 2011 Order/Opinion 131 S.Ct. 1044

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4171920/schilling-v-transcor-america-llc/

Last updated July 29, 2026, 1:25 a.m.

Docket for: Schilling v. Transcor America LLC

ECF Number	Date	Description	Link
1	Feb. 14, 2008	COMPLAINT /issued summons against Transcor America LLC, John Smith, Blanden ( Filing fee $ 350, receipt number 34611015836.). Filed byKevin M. Schilling. (ga, COURT STAFF) (Filed on 2/14/2008) (ga, COURT STAFF).	RECAP
2	Feb. 14, 2008	ADR SCHEDULING ORDER: Case Management Statement due by 5/14/2008. Case Management Conference set for 5/21/2008 10:30 AM.. Signed by Judge James Larson on 2/14/08. (Attachments: # (1) Judge Standing Order, # (2) Court Standing Order, # (3) Consent/Decline Form)(ga, COURT STAFF) (Filed on 2/14/2008) 1 Judge Standing Order View on PACER 2 Court Standing Order View on PACER 3 Consent/Decline Form View on PACER	RECAP
	Feb. 14, 2008	CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 2/14/2008)
3	March 5, 2008	SUMMONS Returned Executed by Kevin M. Schilling. Transcor America LLC served on 2/19/2008, answer due 3/10/2008. (Schwartz, Andrew) (Filed on 3/5/2008)	RECAP
4	March 10, 2008	MOTION to Dismiss Plaintiff's Class Action Complaint and for a More Definite Statement filed by Transcor America LLC. Motion Hearing set for 4/16/2008 09:30 AM in Courtroom F, 15th Floor, San Francisco. (Spillner, Justus) (Filed on 3/10/2008)	RECAP
5	March 10, 2008	Brief re [4] MOTION to Dismiss Plaintiff's Class Action Complaint and for a More Definite Statement Memorandum of Points and Authorities in Support Thereof filed byTranscor America LLC. (Related document(s)[4]) (Spillner, Justus) (Filed on 3/10/2008)	RECAP
6	March 10, 2008	Request for Judicial Notice re [4] MOTION to Dismiss Plaintiff's Class Action Complaint and for a More Definite Statement filed byTranscor America LLC. (Related document(s)[4]) (Spillner, Justus) (Filed on 3/10/2008)	RECAP
7	March 11, 2008	CLERK'S NOTICE Continuing Motion Hearing Motion Hearing set for 5/14/2008 09:30 AM in Courtroom F, 15th Floor, San Francisco. (wh, COURT STAFF) (Filed on 3/11/2008)	RECAP
8	April 23, 2008	Memorandum in Opposition re [4] MOTION to Dismiss Plaintiff's Class Action Complaint and for a More Definite Statement filed byKevin M. Schilling. (Schwartz, Andrew) (Filed on 4/23/2008)	RECAP
9	April 30, 2008	REPLY to Response to Motion re [4] MOTION to Dismiss Plaintiff's Class Action Complaint and for a More Definite Statement Defendant Transcor America, LLC's Reply Brief in Support of Motion to Dismiss Plaintiff's Class Action Complaint and Motion for More Definite Statement filed byTranscor America LLC. (Fletcher, Matthew) (Filed on 4/30/2008)	RECAP
10	April 30, 2008	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options ADR Certification by Parties and Counsel (Fletcher, Matthew) (Filed on 4/30/2008)	RECAP
11	May 1, 2008	STIPULATION and Proposed Order selecting Mediation by Transcor America LLC re document [10]) (Fletcher, Matthew) (Filed on 5/1/2008)	RECAP
12	May 1, 2008	STIPULATION and Proposed Order selecting Mediation by Transcor America LLC re document [11]) (Fletcher, Matthew) (Filed on 5/1/2008)	RECAP
13	May 2, 2008	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Schwartz, Andrew) (Filed on 5/2/2008)	RECAP
14	May 5, 2008	CONSENT to Proceed Before a US Magistrate Judge by Kevin M. Schilling.. (Schwartz, Andrew) (Filed on 5/5/2008)	RECAP
15	May 6, 2008	First Declination to Proceed Before a U.S. Magistrate Judge by Transcor America LLC and Request for Reassignment to a United States District Judge. (Fletcher, Matthew) (Filed on 5/6/2008)	RECAP
16	May 7, 2008	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wh, COURT STAFF) (Filed on 5/7/2008)	RECAP
17	May 8, 2008	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Susan Illston for all further proceedings. Judge Magistrate Judge James Larson no longer assigned to the case. Signed by Executive Committee on 5/8/08. (mab, COURT STAFF) (Filed on 5/8/2008)	RECAP
18	June 3, 2008	CLERK'S NOTICE Continuing Motion Hearing Motion Hearing set for 8/15/2008 09:00 AM. Initial case management set on 9/26/08 (ts, COURT STAFF) (Filed on 6/3/2008)	RECAP
19	June 3, 2008	Judge Illston's Standing Orders and Case Management Conference Order to CLERK'S NOTICE.(ts, COURT STAFF) (Filed on 6/3/2008)	RECAP
	June 3, 2008	Set Deadlines/Hearings: Case Management Conference set for 9/26/2008 02:00 PM. (ys, COURT STAFF) (Filed on 6/3/2008)
	June 3, 2008	Set/Reset Deadlines as to 4 MOTION to Dismiss Plaintiff's Class Action Complaint and for a More Definite Statement. Motion Hearing set for 8/15/2008 09:00 AM. (ys, COURT STAFF) (Filed on 6/3/2008)
20	June 4, 2008	ORDER REFERRING CASE to Mediation.. Signed by Judge Illston on 6/3/08. (ts, COURT STAFF) (Filed on 6/4/2008)	RECAP
21	June 6, 2008	ADR Clerk's Notice Setting ADR Phone Conference on 6/19/2008 at 10:00 a.m. (cmf, COURT STAFF) (Filed on 6/6/2008)	RECAP
	June 18, 2008	ADR Remark: ADR Phone Conference scheduled for 6/19/2008 at 10:00 AM is off calendar and will be rescheduled. Counsel should meet and confer then provide ADR Case Administrator with three (3) alternative dates/times. (cmf, COURT STAFF) (Filed on 6/18/2008)
	June 18, 2008	ADR Remark: ADR Phone Conference is rescheduled to 7/3/2008 at 10:00 a.m. (cmf, COURT STAFF) (Filed on 6/18/2008)
	July 3, 2008	ADR Remark: ADR Phone Conference held on 7/3/2008 with Daniel Bowling, ADR Program Staff Attorney. Parties will request removal from the Court's ADR Program and request referral to private mediation. (cmf, COURT STAFF) (Filed on 7/3/2008)
22	July 24, 2008	ADR Request to be excused from attending Mediation session in person (ADR L.R.6-9 d) Stipulation to Opt Out of the Northern District Court's ADR Program (Fletcher, Matthew) (Filed on 7/24/2008)	RECAP
23	July 31, 2008	NOTICE of Change In Counsel by Justus C. Spillner, III (Spillner, Justus) (Filed on 7/31/2008)	RECAP
24	Aug. 5, 2008	ORDER removing case from ADR program. Signed by Judge Illston' on 8/1/08. (ts, COURT STAFF) (Filed on 8/5/2008)	RECAP
25	Aug. 11, 2008	ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND re [4]. An Amended Complaint is due 8/22/08. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 8/11/2008)	RECAP
26	Aug. 21, 2008	AMENDED COMPLAINT First Amended Class Action Complaint; Demand for Jury Trial against all defendants. Filed byJohn Pinedo, William Tellez, Kevin M. Schilling. (Merin, Mark) (Filed on 8/21/2008)	RECAP
27	Sept. 5, 2008	CLERK'S NOTICE Case Management Conference set for 11/14/2008 02:00 PM. (ts, COURT STAFF) (Filed on 9/5/2008)	RECAP
28	Sept. 5, 2008	CORRECT CLERK'S NOTICE Case Management Conference set for 11/14/2008 02:00 PM. (ts, COURT STAFF) (Filed on 9/5/2008)	RECAP
29	Sept. 8, 2008	Answer to First Amended Class Action Complaint ANSWER to Amended Complaint byTranscor America LLC. (Fletcher, Matthew) (Filed on 9/8/2008)	RECAP
	Nov. 18, 2008	Set Deadlines/Hearings: Case Management Conference set for 3/27/2009 02:30 PM. (ys, COURT STAFF) (Filed on 11/18/2008)
40	Feb. 11, 2009	protective order. Signed by Judge Illston on 2/10/09. (ts, COURT STAFF) (Filed on 2/11/2009)	RECAP
	March 31, 2009	Set Deadlines/Hearings: Motions due by 12/1/2009. Case Management Conference set for 7/10/2009 03:00 PM. Motion Hearing set for 2/12/2010 09:00 AM. (ys, COURT STAFF) (Filed on 3/31/2009)
52	July 6, 2009	ORDER continuing cmc to 8/21/09 @ 3 p.m.. Signed by Judge Illston on 7/2/09. (ts, COURT STAFF) (Filed on 7/6/2009)	RECAP
	July 6, 2009	Set Deadlines/Hearings: Case Management Conference set for 8/21/2009 03:00 PM. (ys, COURT STAFF) (Filed on 7/6/2009)
55	July 10, 2009	ORDER Re: deposition of Pinedo (ts, COURT STAFF) (Filed on 7/10/2009)	RECAP
56	July 10, 2009	ORDER Re: deposition of Tellez (ts, COURT STAFF) (Filed on 7/10/2009)	RECAP
62	Aug. 19, 2009	ORDER granting extension to serve Smith and Brummett re 59 . (ts, COURT STAFF) (Filed on 8/19/2009)	RECAP
81	Oct. 14, 2009	ORDER DENYING DEFENDANTS' MOTION TO TRANSFER VENUE; GRANTING PLAINTIFFS LEAVE TO FILE SECOND AMENDED COMPLAINT re 69, 70 . Amended Complaint is due 10/19/09. (SI, COURT STAFF) (Filed on 10/14/2009)	RECAP
85	Nov. 3, 2009	ORDER re discovery cutoff re 84 (tf, COURT STAFF) (Filed on 11/3/2009)	RECAP
110	Feb. 16, 2010	ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (SI, COURT STAFF) (Filed on 2/16/2010)	RECAP
113	Feb. 19, 2010	ORDER denying 111 Ex Parte Application (tf, COURT STAFF) (Filed on 2/19/2010)	RECAP
114	Feb. 19, 2010	ORDER denying ex parte as "untimely" (tf, COURT STAFF) (Filed on 2/19/2010)	RECAP
118	March 16, 2010	ORDER approving class notice (tf, COURT STAFF) (Filed on 3/16/2010)	RECAP
120	April 21, 2010	USCA (10-80055) ORDER : Denying the petition for permission to appeal the district court's 2/16/10 order granting class action certification. (ys, COURT STAFF) (Filed on 4/21/2010)	RECAP
121	July 20, 2010	USCA ORDER: No further filings shall be accepted in this closed case. (ys, COURT STAFF) (Filed on 7/20/2010)	RECAP
123	Oct. 8, 2010	Notice from US Supreme Court to the USCA for the 9th Circuit re filing of the petition for a writ of certiorari. (ys, COURT STAFF) (Filed on 10/8/2010)	RECAP
127	March 10, 2011	CLERKS NOTICE Further Case Management Conference set for 4/8/2011 3:00 PM. (tfS, COURT STAFF) (Filed on 3/10/2011) Modified on 3/10/2011 (tfS, COURT STAFF). (Entered: 03/10/2011)	RECAP
128	March 18, 2011	NOTICE of Change In Counsel by Mark E. Merin, Esq (Merin, Mark) (Filed on 3/18/2011) (Entered: 03/18/2011)	RECAP
129	April 1, 2011	CASE MANAGEMENT STATEMENT filed by Kevin M. Schilling. (Schwartz, Andrew) (Filed on 4/1/2011) (Entered: 04/01/2011)	RECAP
130	April 12, 2011	Minute Entry: Further Case Management Conference held on 4/8/11 (Date Filed: 4/12/2011). () (tf, COURT STAFF) (Date Filed: 4/12/2011) (Entered: 04/12/2011)	RECAP
131	June 7, 2011	Proposed Order PROPOSED JOINT SCHEDULING ORDER by Kevin M. Schilling. (Schwartz, Andrew) (Filed on 6/7/2011) (Entered: 06/07/2011)	RECAP
132	June 16, 2011	NOTICE of Change of Address by Daniel P. Struck (Struck, Daniel) (Filed on 6/16/2011) (Entered: 06/16/2011)	RECAP
133	June 20, 2011	*SEE ORDER #135*scheduling ORDER (tf, COURT STAFF) (Filed on 6/20/2011) (Additional attachment(s) added on 6/20/2011: # 1 Standing Order) (tf, COURT STAFF). Modified on 6/21/2011 (ys, COURT STAFF). 1 Standing Order View on PACER	RECAP
134	June 20, 2011	filed in error	RECAP
135	June 21, 2011	SCHEDULING ORDER(DATES AMENDED) (tf, COURT STAFF) (Filed on 6/21/2011)	RECAP
136	Aug. 25, 2011	NOTICE of Change of Address by Mark E. Merin, Esq (Merin, Mark) (Filed on 8/25/2011) (Entered: 08/25/2011)	RECAP
137	Sept. 6, 2011	*Letter dated 8/31/11 from Non-party plaintiff Ricky Pendleton to the Court re status of the motion for summary judgment. (ysS, COURT STAFF) (Filed on 9/6/2011) (Entered: 09/08/2011)	RECAP
138	Dec. 15, 2011	NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Continued Videotaped Deposition of Plaintiff, Kevin M. Schilling (Struck, Daniel) (Filed on 12/15/2011) (Entered: 12/15/2011)	RECAP
139	Dec. 16, 2011	MOTION for leave to appear in Pro Hac Vice of David C. Lewis (Filing fee $ 305, receipt #34611068349.) filed by Jeff Brummett, John Smith, Transcor America LLC. (Struck, Daniel) (Filed on 12/16/2011) Modified on 12/20/2011 (ysS, COURT STAFF). (Entered: 12/16/2011)	RECAP
140	Dec. 16, 2011	NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Service of Defendant, TransCor America, LLC's Seventh Supplemental Responses to Plaintiffs' Request for Production of Documents - Set One (Struck, Daniel) (Filed on 12/16/2011) (Entered: 12/16/2011)	RECAP
141	Dec. 16, 2011	NOTICE by John Pinedo, Kevin M. Schilling, William Tellez of Service of Plaintiffs' Supplemental Disclosures (Merin, Mark) (Filed on 12/16/2011) (Entered: 12/16/2011)	RECAP
142	Dec. 19, 2011	MOTION for Partial Summary Judgment filed by Kevin M. Schilling. Motion Hearing set for 1/27/2012 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 1/3/2012. Replies due by 1/10/2012. (Schwartz, Andrew) (Filed on 12/19/2011) (Entered: 12/19/2011)	RECAP
143	Dec. 19, 2011	Declaration of Gordon Brooks in Support of 142 MOTION for Partial Summary Judgment filed byKevin M. Schilling. (Related document(s) 142 ) (Schwartz, Andrew) (Filed on 12/19/2011) (Entered: 12/19/2011)	RECAP
144	Dec. 19, 2011	Declaration of Jack Atherton in Support of 143 Declaration in Support, 142 MOTION for Partial Summary Judgment filed byKevin M. Schilling. (Attachments: # 1 Exhibit 1 and 2, # 2 Exhibit 3, Part 1, # 3 Exhibit 3, Part 2, # 4 Exhibit 3, Part 3, # 5 Exhibit 3, Part 4, # 6 Exhibit 3, Part 5, # 7 Exhibit 4 and 5)(Related document(s) 143, 142 ) (Schwartz, Andrew) (Filed on 12/19/2011) (Entered: 12/19/2011)	RECAP
145	Dec. 19, 2011	Declaration of Ken Katsaris in Support of 143 Declaration in Support, 142 MOTION for Partial Summary Judgment, 144 Declaration in Support, filed byKevin M. Schilling. (Related document(s) 143, 142, 144 ) (Schwartz, Andrew) (Filed on 12/19/2011) (Entered: 12/19/2011)	RECAP
146	Dec. 19, 2011	Declaration of Karen Snell in Support of 142 MOTION for Partial Summary Judgment with Exhibits A - F filed byKevin M. Schilling. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, Pt 1, # 5 Exhibit D, Pt 2, # 6 Exhibit D, Pt 3, # 7 Exhibit D, Pt 4, # 8 Exhibit D, Pt 5, # 9 Exhibit E, Pt 1, # 10 Exhibit E, Pt 2, # 11 Exhibit F)(Related document(s) 142 ) (Schwartz, Andrew) (Filed on 12/19/2011) (Entered: 12/19/2011)	RECAP
147	Dec. 19, 2011	EXHIBITS re 146 Declaration in Support, Exhibit G (Parts 1-15) filed byKevin M. Schilling. (Attachments: # 1 Exhibit G, Pt 2, # 2 Exhibit G, Pt 3, # 3 Exhibit G, Pt 4, # 4 Exhibit G, Pt 5, # 5 Exhibit G, Pt 6, # 6 Exhibit G, Pt 7, # 7 Exhibit G, Pt 8, # 8 Exhibit G, Pt 9, # 9 Exhibit G, Pt 10, # 10 Exhibit G, Pt 11, # 11 Exhibit G, Pt 12, # 12 Exhibit G, Pt 13, # 13 Exhibit G, Pt 14, # 14 Exhibit G, Pt 15)(Related document(s) 146 ) (Schwartz, Andrew) (Filed on 12/19/2011) (Entered: 12/19/2011)	RECAP
148	Dec. 20, 2011	EXHIBITS re 146 Declaration in Support, Exhibit H (Parts 1-16) filed byKevin M. Schilling. (Attachments: # 1 Exhibit Ex H Pt 2, # 2 Exhibit Ex H Pt 3, # 3 Exhibit Ex H Pt 4, # 4 Exhibit Ex H Pt 5, # 5 Exhibit Ex H Pt 6, # 6 Exhibit Ex H Pt 7, # 7 Exhibit Ex H Pt 8, # 8 Exhibit Ex H Pt 9, # 9 Exhibit Ex H Pt 10, # 10 Exhibit Ex H Pt 11, # 11 Exhibit Ex H Pt 12, # 12 Exhibit Ex H Pt 13, # 13 Exhibit Ex H Pt 14, # 14 Exhibit Ex H Pt 15, # 15 Exhibit Ex H Pt 16)(Related document(s) 146 ) (Schwartz, Andrew) (Filed on 12/20/2011) (Entered: 12/20/2011)	RECAP
149	Dec. 20, 2011	EXHIBITS re 146 Declaration in Support, (Exhibits I-Z) filed byKevin M. Schilling. (Attachments: # 1 Exhibit Ex I Pt 2, # 2 Exhibit Ex I Pt 3, # 3 Exhibit Ex J Pt 1, # 4 Exhibit Ex J Pt 2, # 5 Exhibit Ex J Pt 3, # 6 Exhibit Ex K, # 7 Exhibit Ex L, # 8 Exhibit Ex M, # 9 Exhibit Ex N, # 10 Exhibit Ex O, # 11 Exhibit Ex P, # 12 Exhibit Ex Q, # 13 Exhibit Ex R, # 14 Exhibit Ex S, # 15 Exhibit Ex T, # 16 Exhibit Ex U, # 17 Exhibit Ex V, # 18 Exhibit Ex W, # 19 Exhibit Ex X, # 20 Exhibit Ex Y, # 21 Exhibit Ex Z)(Related document(s) 146 ) (Schwartz, Andrew) (Filed on 12/20/2011) (Entered: 12/20/2011)	RECAP
150	Dec. 20, 2011	EXHIBITS re 146 Declaration in Support, (Exhibits AA - OO) filed byKevin M. Schilling. (Attachments: # 1 Exhibit BB, # 2 Exhibit CC, # 3 Exhibit DD, # 4 Exhibit EE, # 5 Exhibit FF, # 6 Exhibit GG, # 7 Errata HH, # 8 Exhibit II, # 9 Exhibit JJ, # 10 Exhibit KK, # 11 Exhibit LL, # 12 Exhibit MM, # 13 Exhibit NN, # 14 Exhibit OO)(Related document(s) 146 ) (Schwartz, Andrew) (Filed on 12/20/2011) (Entered: 12/20/2011)	RECAP
151	Dec. 20, 2011	EXHIBITS re 146 Declaration in Support, (Exhibits PP - RR) filed byKevin M. Schilling. (Attachments: # 1 Exhibit PP Pt 2, # 2 Exhibit QQ Pt 1, # 3 Exhibit QQ Pt 2, # 4 Exhibit RR)(Related document(s) 146 ) (Schwartz, Andrew) (Filed on 12/20/2011) (Entered: 12/20/2011)	RECAP
152	Dec. 20, 2011	ORDER granting 139 Motion for Pro Hac Vice (tfS, COURT STAFF) (Filed on 12/20/2011) (Entered: 12/20/2011)	RECAP
153	Dec. 30, 2011	STIPULATION re 142 MOTION for Partial Summary Judgment to Extend Briefing Schedule by Jeff Brummett, John Smith, Transcor America LLC. (Struck, Daniel) (Filed on 12/30/2011) (Entered: 12/30/2011)	RECAP
154	Jan. 5, 2012	ORDER CONTINUING MOTION HEARING (tf, COURT STAFF) (Filed on 1/5/2012)	RECAP
	Jan. 5, 2012	Set/Reset Deadlines as to 142 MOTION for Partial Summary Judgment. Motion Hearing set for 5/18/2012 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 1/5/2012)
	Jan. 5, 2012	Set/Reset Deadlines as to 142 MOTION for Partial Summary Judgment. Responses due by 3/20/2012. Replies due by 4/20/2012. (ysS, COURT STAFF) (Filed on 1/5/2012)
155	Jan. 18, 2012	NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Service of Defendant TransCor America's Interrogatories to Other Class Plaintiffs (Struck, Daniel) (Filed on 1/18/2012) (Entered: 01/18/2012)	RECAP
156	Jan. 19, 2012	MOTION Class Clarification and Decertification re 110 Order on Motion to Certify Class filed by Jeff Brummett, John Smith, Transcor America LLC. Motion Hearing set for 2/24/2012 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 2/2/2012. Replies due by 2/9/2012. (Attachments: # 1 Proposed Order)(Struck, Daniel) (Filed on 1/19/2012) (Entered: 01/19/2012)	RECAP
157	Jan. 31, 2012	STIPULATION WITH PROPOSED ORDER re 156 MOTION Class Clarification and Decertification re 110 Order on Motion to Certify Class STIPULATION & ORDER EXTENDING BRIEFING SCHEDULE AND HEARING DATE filed by Kevin M. Schilling. (Schwartz, Andrew) (Filed on 1/31/2012) (Entered: 01/31/2012)	RECAP
158	Feb. 2, 2012	ORDER granting 157 Stipulation (Order Signed by Judge Illston on 2/1/12, this is a text docket entry only, there is no document associated with this order.) (tf, COURT STAFF) (Filed on 2/2/2012) (Entered: 02/02/2012)	RECAP
	Feb. 2, 2012	Set/Reset Deadlines as to 156 MOTION Class Clarification and Decertification re 110 Order on Motion to Certify Class . Motion Hearing set for 4/6/2012 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 2/2/2012)
159	Feb. 7, 2012	STIPULATION WITH PROPOSED ORDER (Joint) filed by Transcor America LLC. (Attachments: # 1 Proposed Order)(Lewis, David) (Filed on 2/7/2012) (Entered: 02/07/2012)	RECAP
160	Feb. 7, 2012	ORDER by Judge Illston granting 159 Stipulation signed by SI on 2/7/12 (tfS, COURT STAFF) (Filed on 2/7/2012) (Entered: 02/07/2012)	RECAP
161	Feb. 13, 2012	NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Videotaped Deposition of Craig Arno (00268336C) with Proof of Service (Lewis, David) (Filed on 2/13/2012) (Entered: 02/13/2012)	RECAP
162	Feb. 13, 2012	NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Videotaped Deposition of Douglas Earl Black (W33659) with Proof of Service (Lewis, David) (Filed on 2/13/2012) (Entered: 02/13/2012)	RECAP
163	Feb. 13, 2012	NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Videotaped Deposition of Troy Kincheloe (124856) with Proof of Service (Lewis, David) (Filed on 2/13/2012) (Entered: 02/13/2012)	RECAP
164	Feb. 13, 2012	NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Videotaped Deposition of Justin Wright with Proof of Service (Lewis, David) (Filed on 2/13/2012) (Entered: 02/13/2012)	RECAP
165	Feb. 16, 2012	NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Service (Struck, Daniel) (Filed on 2/16/2012) (Entered: 02/16/2012)	RECAP
166	Feb. 22, 2012	NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Service of Discovery Requests (Struck, Daniel) (Filed on 2/22/2012) (Entered: 02/22/2012)	RECAP
167	March 2, 2012	RESPONSE (re 156 MOTION Class Clarification and Decertification re 110 Order on Motion to Certify Class ) filed byJohn Pinedo, Kevin M. Schilling, William Tellez. (Merin, Mark) (Filed on 3/2/2012) (Entered: 03/02/2012)	RECAP
168	March 5, 2012	MOTION for Extension of Time to Complete Discovery and Continue Trial filed by Jeff Brummett, John Smith, Transcor America LLC. (Attachments: # 1 Declaration Daniel P. Struck, # 2 Exhibit October 11, 2011 Letter, # 3 Exhibit December 8, 2011 Letter, # 4 Exhibit February 9, 2012 Letter, # 5 Exhibit Member Class Survey/Questionnaire, # 6 Proposed Order Amended Scheduling Order)(Struck, Daniel) (Filed on 3/5/2012) (Entered: 03/05/2012)	RECAP
169	March 8, 2012	RESPONSE (re 168 MOTION for Extension of Time to Complete Discovery and Continue Trial ) Plaintiffs' Opposition filed byJohn Pinedo, Kevin M. Schilling, William Tellez. (Attachments: # 1 Exhibit Hon. Susan Illston's Standing Orders: Pretrial Instructions, # 2 Proposed Order)(Merin, Mark) (Filed on 3/8/2012) (Entered: 03/08/2012)	RECAP
170	March 12, 2012	ORDER CONTINUING CERTAIN DATES 168 (Illston, Susan) (Filed on 3/12/2012)	RECAP
	March 12, 2012	Set/Reset Deadlines as to 142 MOTION for Partial Summary Judgment. Responses due by 5/25/2012. Motion Hearing set for 6/15/2012 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (tfS, COURT STAFF) (Filed on 3/12/2012) Modified on 3/14/2012 (tfS, COURT STAFF).

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Case Details

State / Territory:

California

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 14, 2008

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pre-trial detainees and prisoners transported by defendant, Transcor America for periods over 24 hours, in shackles and unable to stand up or sit down.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Transcor America LLC

Defendant Type(s):

Corrections

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Unreasonable search and seizure

Other Dockets:

Northern District of California 3:08-cv-00941

Supreme Court of the United States 10-468

U.S. Court of Appeals for the Ninth Circuit 10-80055

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Assault/abuse by staff

Conditions of confinement

Transportation

Jails, Prisons, Detention Centers, and Other Institutions:

Pepper/OC spray

Restraints (physical)

Policing:

Excessive force

Recommended Citation

Case Summary of Schilling v. TransCor America LLC, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/11839/ (last updated 10/6/2018).

Case: Schilling v. TransCor America LLC

3:08-cv-00941 | U.S. District Court for the Northern District of California

Case Summary

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People

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Docket

Docket for: Schilling v. Transcor America LLC

Case Details