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 …

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)

Related Cases

Cedillo v. Transcor America LLC, Middle District of Tennessee (2013)

People

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


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

Docket

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

Last updated Oct. 21, 2026, 12:12 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). (Entered: 02/20/2008)

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) (Entered: 02/20/2008)

1 Judge Standing Order

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2 Court Standing Order

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3 Consent/Decline Form

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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) (Entered: 03/05/2008)

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) (Entered: 03/10/2008)

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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) (Entered: 03/10/2008)

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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) (Entered: 03/10/2008)

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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) (Entered: 03/11/2008)

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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) (Entered: 04/23/2008)

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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) (Entered: 04/30/2008)

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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) (Entered: 04/30/2008)

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11 May 1, 2008

STIPULATION and Proposed Order selecting Mediation by Transcor America LLC re document 10 ) (Fletcher, Matthew) (Filed on 5/1/2008) (Entered: 05/01/2008)

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12 May 1, 2008

STIPULATION and Proposed Order selecting Mediation by Transcor America LLC re document 11 ) (Fletcher, Matthew) (Filed on 5/1/2008) (Entered: 05/01/2008)

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13 May 2, 2008

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Schwartz, Andrew) (Filed on 5/2/2008) (Entered: 05/02/2008)

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14 May 5, 2008

CONSENT to Proceed Before a US Magistrate Judge by Kevin M. Schilling.. (Schwartz, Andrew) (Filed on 5/5/2008) (Entered: 05/05/2008)

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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) (Entered: 05/06/2008)

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16 May 7, 2008

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wh, COURT STAFF) (Filed on 5/7/2008) (Entered: 05/07/2008)

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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) (Entered: 05/08/2008)

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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) (Entered: 06/03/2008)

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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) (Entered: 06/03/2008)

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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) (Entered: 06/04/2008)

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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) (Entered: 06/06/2008)

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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) (Entered: 07/24/2008)

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23 July 31, 2008

NOTICE of Change In Counsel by Justus C. Spillner, III (Spillner, Justus) (Filed on 7/31/2008) (Entered: 07/31/2008)

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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) (Entered: 08/05/2008)

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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) (Entered: 08/11/2008)

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) (Entered: 08/21/2008)

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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) (Entered: 09/05/2008)

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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) (Entered: 09/05/2008)

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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) (Entered: 09/08/2008)

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30 Nov. 4, 2008

Certificate of Interested Entities by Kevin M. Schilling, John Pinedo, William Tellez (Schwartz, Andrew) (Filed on 11/4/2008) (Entered: 11/04/2008)

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31 Nov. 7, 2008

JOINT CASE MANAGEMENT STATEMENT filed by Kevin M. Schilling, John Pinedo, William Tellez. (Schwartz, Andrew) (Filed on 11/7/2008) (Entered: 11/07/2008)

RECAP
32 Nov. 18, 2008

Minute Entry: Initial Case Management Conference held on 11/14/2008 before Illston (Date Filed: 11/18/2008). case continued to 3/27/09 () (ts, COURT STAFF) (Date Filed: 11/18/2008) (Entered: 11/18/2008)

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)

33 Feb. 5, 2009

MOTION for leave to appear in Pro Hac Vice of Daniel P. Struck ( Filing fee $ 210, receipt number 34611028554.) filed by Transcor America LLC. (Attachments: # 1 receipt, # 2 proposed order)(ys, COURT STAFF) (Filed on 2/5/2009) (Entered: 02/06/2009)

1 receipt

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2 proposed order

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RECAP
34 Feb. 5, 2009

MOTION for leave to appear in Pro Hac Vice of Rachel Love ( Filing fee $ 210, receipt number 34611028556.) filed by Transcor America LLC. (Attachments: # 1 receipt, # 2 proposed order)(ys, COURT STAFF) (Filed on 2/5/2009) (Entered: 02/06/2009)

1 receipt

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2 proposed order

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35 Feb. 9, 2009

ORDER by Judge Illston granting 34 Motion for Pro Hac Vice (ts, COURT STAFF) (Filed on 2/9/2009) (Entered: 02/09/2009)

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36 Feb. 9, 2009

ORDER by Judge Illston granting 33 Motion for Pro Hac Vice (ts, COURT STAFF) (Filed on 2/9/2009) (Entered: 02/09/2009)

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37 Feb. 10, 2009

STIPULATION AND PROPOSED STIPULATED PROTECTIVE ORDER TO MAINTAIN CONFIDENTIALITY OF ALL BUSINESS RECORDS PRODUCED BY DEFENDANT TRANSCOR AMERICA LLC by Transcor America LLC, John Smith. (Spillner, Justus) (Filed on 2/10/2009) (Entered: 02/10/2009)

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38 Feb. 10, 2009

NOTICE of Appearance by Daniel P. Struck for TransCor America, LLC (Struck, Daniel) (Filed on 2/10/2009) (Entered: 02/10/2009)

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39 Feb. 10, 2009

NOTICE of Appearance by Rachel Love (Love, Rachel) (Filed on 2/10/2009) (Entered: 02/10/2009)

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40 Feb. 11, 2009

protective order. Signed by Judge Illston on 2/10/09. (ts, COURT STAFF) (Filed on 2/11/2009) (Entered: 02/11/2009)

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41 Feb. 24, 2009

NOTICE by Transcor America LLC of Service of Defendants' First Set of Interrrogatories to Plaintiffs (Love, Rachel) (Filed on 2/24/2009) (Entered: 02/24/2009)

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42 Feb. 24, 2009

NOTICE by Transcor America LLC of Service of Second Supplemental Responses to Plaintiff's Request for Production of Documents, Set One (Love, Rachel) (Filed on 2/24/2009) (Entered: 02/24/2009)

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43 March 10, 2009

NOTICE by Transcor America LLC of Service of Responses to Plaintiff's Request for Production of Documents, Set Two (Love, Rachel) (Filed on 3/10/2009) (Entered: 03/10/2009)

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44 March 20, 2009

JOINT CASE MANAGEMENT STATEMENT filed by Kevin M. Schilling. (Schwartz, Andrew) (Filed on 3/20/2009) (Entered: 03/20/2009)

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45 March 26, 2009

CLERKS NOTICE Case Management Conference set for 3/27/2009 02:30 PM. (ts, COURT STAFF) (Filed on 3/26/2009) (Entered: 03/26/2009)

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46 March 31, 2009

Minute Entry: Initial Case Management Conference held on 3/27/2009 before Illston (() Case continued to 7/10/09 @ 3:00 p.m.. for Further Case Management Conference(joint statement due one week prior)Case continued to 2/12/10 @ 9:00 a.m. for Motion to Certify Class(Motion due 12/1/10, Opposition 1/15/10 Reply 1/29/10)ORDERED AFTER HEARING: Plaintiff informed the Court that all parties shall be served prior to their trip to Oklahoma City.Plaintiff shall file an application to extend the service deadline.Counsel was advised that discovery limited to the certification motion may be appropriate.(ts, COURT STAFF) (Date Filed: 3/31/2009) (Entered: 03/31/2009)

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47 March 31, 2009

CORRECTED Minute Entry: Case continued to 7/10/09 @ 3:00 p.m.. for Further Case Management Conference(joint statement due one week prior)Case continued to 2/12/10 @ 9:00 a.m. for Motion to Certify Class(Motion due 12/1/09, Opposition 1/15/10 Reply 1/29/10)ORDERED AFTER HEARING: Plaintiff informed the Court that all parties shall be served prior to their trip to Oklahoma City.Plaintiff shall file an application to extend the service deadline.Counsel was advised that discovery limited to the certification motion may be appropriate.(Date Filed: 3/31/2009). () (ts, COURT STAFF) (Date Filed: 3/31/2009) (Entered: 03/31/2009)

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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)

48 June 29, 2009

MOTION to Continue /Extend Deadline for Service on Defendants Smith and Brummett filed by Kevin M. Schilling. (Attachments: # 1 Affidavit Declaration of Karen Snell in Support of Motion to Extend Deadline for Service of Defendants Smith & Brummett, # 2 Proposed Order Proposed Order Extending Deadline for Service)(Schwartz, Andrew) (Filed on 6/29/2009) (Entered: 06/29/2009)

1 Affidavit Declaration of Karen Snell in Support of Motion to Extend Deadline for

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2 Proposed Order Proposed Order Extending Deadline for Service

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49 July 1, 2009

ORDER granting 48 Motion to Continue (ts, COURT STAFF) (Filed on 7/1/2009) (Entered: 07/01/2009)

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50 July 2, 2009

Letter from Andrew C. Schwartz. (Schwartz, Andrew) (Filed on 7/2/2009) (Entered: 07/02/2009)

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51 July 2, 2009

NOTICE by Transcor America LLC of Videotape Deposition of Plaintiff, Kevin M. Schilling (Struck, Daniel) (Filed on 7/2/2009) (Entered: 07/02/2009)

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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) (Entered: 07/06/2009)

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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)

53 July 8, 2009

STIPULATION Joint to Depose Incarcerated Plaintiff, John Pinedo by John Pinedo, Kevin M. Schilling, William Tellez, Transcor America LLC. (Struck, Daniel) (Filed on 7/8/2009) (Entered: 07/08/2009)

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54 July 8, 2009

STIPULATION Joint to Depose Incarcerated Plaintiff, William Tellez by John Pinedo, Kevin M. Schilling, William Tellez, Transcor America LLC. (Struck, Daniel) (Filed on 7/8/2009) (Entered: 07/08/2009)

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55 July 10, 2009

ORDER Re: deposition of Pinedo (ts, COURT STAFF) (Filed on 7/10/2009) (Entered: 07/10/2009)

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56 July 10, 2009

ORDER Re: deposition of Tellez (ts, COURT STAFF) (Filed on 7/10/2009) (Entered: 07/10/2009)

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57 July 31, 2009

NOTICE by Transcor America LLC of Deposition of Plaintiff, William Tellez (Struck, Daniel) (Filed on 7/31/2009) (Entered: 07/31/2009)

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58 Aug. 14, 2009

JOINT CASE MANAGEMENT STATEMENT filed by Kevin M. Schilling. (Schwartz, Andrew) (Filed on 8/14/2009) (Entered: 08/14/2009)

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59 Aug. 14, 2009

STIPULATION and Proposed Order Extending Deadline For Service on Defendants Smith and Brummett by Kevin M. Schilling. (Schwartz, Andrew) (Filed on 8/14/2009) (Entered: 08/14/2009)

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60 Aug. 17, 2009

SUMMONS Returned Executed by Kevin M. Schilling. Blanden served on 8/4/2009, answer due 8/24/2009. AS TO DEFENDANT JEFF BRUMMETT (Schwartz, Andrew) (Filed on 8/17/2009) (Entered: 08/17/2009)

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61 Aug. 17, 2009

SUMMONS Returned Executed by John Smith. John Smith served on 8/4/2009, answer due 8/24/2009. (Schwartz, Andrew) (Filed on 8/17/2009) (Entered: 08/17/2009)

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62 Aug. 19, 2009

ORDER granting extension to serve Smith and Brummett re 59 . (ts, COURT STAFF) (Filed on 8/19/2009) (Entered: 08/19/2009)

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63 Aug. 28, 2009

NOTICE by Transcor America LLC OF DEPOSITION OF KEVIN SCHILLING (AMENDED) (Struck, Daniel) (Filed on 8/28/2009) (Entered: 08/28/2009)

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64 Aug. 31, 2009

Minute Entry: Further Case Management Conference held on 8/21/2009 before Illston (Date Filed: 8/31/2009). Case continued to 10/16/09 @ 9:00 a.m. for Motion to Change Venue, Amend Complaint(Motion due 9/11/09, Opposition 9/25/09 Reply 10/2/09)ORDERED AFTER HEARING: The first round of discovery is extended to 10/31/09. () (tf, COURT STAFF) (Date Filed: 8/31/2009) (Entered: 08/31/2009)

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65 Sept. 1, 2009

NOTICE by Transcor America LLC (SECOND AMENDED) NOTICE OF VIDEOTAPED DEPOSITION OF PLAINTIFF, KEVIN SCHILLING (Struck, Daniel) (Filed on 9/1/2009) (Entered: 09/01/2009)

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66 Sept. 9, 2009

ANSWER to 26 First Amended Complaint byJohn Smith, Jeff Brummett. (Struck, Daniel) (Filed on 9/9/2009) Modified on 9/10/2009 (ys, COURT STAFF). (Entered: 09/09/2009)

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67 Sept. 9, 2009

DEMAND for Trial by Jury by Jeff Brummett, John Smith, Transcor America LLC. (Struck, Daniel) (Filed on 9/9/2009) (Entered: 09/09/2009)

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68 Sept. 10, 2009

NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Service of Defendants' Second Supplemental Disclosure Statement (Struck, Daniel) (Filed on 9/10/2009) (Entered: 09/10/2009)

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69 Sept. 11, 2009

MOTION for Leave to File Second Amended Complaint and Memorandum of Points and Authorities in Support Thereof filed by Kevin M. Schilling. Motion Hearing set for 10/16/2009 10:00 AM. (Attachments: # 1 Exhibit Second Amended Complaint)(Schwartz, Andrew) (Filed on 9/11/2009) (Entered: 09/11/2009)

1 Exhibit Second Amended Complaint

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70 Sept. 11, 2009

MOTION to Change Venue (Transfer) filed by Jeff Brummett, John Smith, Transcor America LLC. Motion Hearing set for 10/16/2009 09:00 AM. (Attachments: # 1 Affidavit Sondra Pedigo, # 2 Attachments A-C to Pedigo Affidavit, # 3 Attachments D-E to Pedigo Affidavit, # 4 Attachments F-I to Pedigo Affidavit, # 5 Attachments J-K to Pedigo Affidavit, # 6 Attachment L to Pedigo Affidavit, # 7 Attachments M-P to Pedigo Affidavit, # 8 Attachments Q-T to Pedigo Affidavit, # 9 Affidavit Declaration of Jeff Brummett, # 10 Affidavit John Smith, # 11 Exhibit Pedigo Deposition, # 12 Exhibit Lohberger Deposition, # 13 Exhibit Sweet Deposition, # 14 Exhibit Westbrook Deposition, # 15 Exhibit Crouch Deposition, # 16 Exhibit Smith Deposition, # 17 Errata Brummett Deposition, # 18 Exhibit Scott Deposition, # 19 Exhibit Wisdom Deposition, # 20 Exhibit Bradley Deposition, # 21 Affidavit Struck Declaration, # 22 Proposed Order)(Struck, Daniel) (Filed on 9/11/2009) (Entered: 09/11/2009)

1 Affidavit Sondra Pedigo

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2 Attachments A-C to Pedigo Affidavit

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3 Attachments D-E to Pedigo Affidavit

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4 Attachments F-I to Pedigo Affidavit

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5 Attachments J-K to Pedigo Affidavit

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6 Attachment L to Pedigo Affidavit

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7 Attachments M-P to Pedigo Affidavit

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8 Attachments Q-T to Pedigo Affidavit

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9 Affidavit Declaration of Jeff Brummett

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10 Affidavit John Smith

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11 Exhibit Pedigo Deposition

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12 Exhibit Lohberger Deposition

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13 Exhibit Sweet Deposition

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14 Exhibit Westbrook Deposition

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15 Exhibit Crouch Deposition

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16 Exhibit Smith Deposition

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17 Errata Brummett Deposition

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18 Exhibit Scott Deposition

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19 Exhibit Wisdom Deposition

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20 Exhibit Bradley Deposition

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21 Affidavit Struck Declaration

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22 Proposed Order

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71 Sept. 16, 2009

NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Service of Defendants' Request for Production of Documents and Things to Plaintiffs - Set One (Struck, Daniel) (Filed on 9/16/2009) (Entered: 09/16/2009)

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72 Sept. 17, 2009

MOTION for leave to appear in Pro Hac Vice of Lisa S. Wahlin ( Filing fee $ 210, receipt number 34611036745.) filed by Transcor America LLC. (Attachments: # 1 receipt, # 2 proposed order)(ys, COURT STAFF) (Filed on 9/17/2009) (Entered: 09/17/2009)

1 receipt

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2 proposed order

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73 Sept. 22, 2009

ORDER granting 72 Motion for Pro Hac Vice (tf, COURT STAFF) (Filed on 9/22/2009) (Entered: 09/22/2009)

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74 Sept. 25, 2009

Memorandum in Opposition re 70 MOTION to Change Venue (Transfer) MOTION to Change Venue (Transfer) MOTION to Change Venue (Transfer) MOTION to Change Venue (Transfer) MOTION to Change Venue (Transfer) filed byKevin M. Schilling. (Schwartz, Andrew) (Filed on 9/25/2009) (Entered: 09/25/2009)

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75 Sept. 25, 2009

Declaration of Karen Snell in Support of 74 Plaintiff's Opposition To Defendants' Motion to Transfer Venue of Karen Snell filed byKevin M. Schilling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Schwartz, Andrew) (Filed on 9/25/2009) Modified on 9/28/2009 (ys, COURT STAFF). (Entered: 09/25/2009)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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76 Sept. 25, 2009

Memorandum in Opposition re 69 MOTION for Leave to File Second Amended Complaint and Memorandum of Points and Authorities in Support Thereof filed byJeff Brummett, John Smith, Transcor America LLC. (Attachments: # 1 Exhibit 1-4, # 2 Exhibit 5-13, # 3 Exhibit 14-18, # 4 Proposed Order)(Struck, Daniel) (Filed on 9/25/2009) (Entered: 09/25/2009)

1 Exhibit 1-4

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2 Exhibit 5-13

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3 Exhibit 14-18

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4 Proposed Order

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77 Sept. 29, 2009

NOTICE by Transcor America LLC of Service of Objection to Plaintiffs' Deposition Notice with Production of Documents; Response to Plaintiffs' Inspection Demand - Set One; Response to Plaintiffs' Interrogatories - Set Four and Response to Plaintiffs' Request for Production of Documents - Set Four (Struck, Daniel) (Filed on 9/29/2009) (Entered: 09/29/2009)

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78 Oct. 2, 2009

Reply Memorandum in Support of 69 Motion for Leave to File Second Amended Complaint filed byKevin M. Schilling. (Schwartz, Andrew) (Filed on 10/2/2009) Modified on 10/5/2009 (ys, COURT STAFF). (Entered: 10/02/2009)

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79 Oct. 2, 2009

Declaration of Karen L. Snell in Support of Reply Brief in Support of 69 Motion for Leave to File Second Amended Complaint filed byKevin M. Schilling. (Attachments: # 1 Exhibit A- Part I, # 2 Exhibit A-Part II, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Schwartz, Andrew) (Filed on 10/2/2009) Modified on 10/5/2009 (ys, COURT STAFF). (Entered: 10/02/2009)

1 Exhibit A- Part I

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2 Exhibit A-Part II

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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80 Oct. 2, 2009

REPLY in support re 70 MOTION to Change Venue (Transfer) MOTION to Change Venue (Transfer) MOTION to Change Venue (Transfer) MOTION to Change Venue (Transfer) MOTION to Change Venue (Transfer) filed byJeff Brummett, John Smith, Transcor America LLC. (Attachments: # 1 Exhibit 1 through 4)(Struck, Daniel) (Filed on 10/2/2009) Modified on 10/5/2009 (ys, COURT STAFF). (Entered: 10/02/2009)

1 Exhibit 1 through 4

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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) (Entered: 10/14/2009)

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82 Oct. 19, 2009

NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Videotaped Deposition of Plaintiff, John Pinedo (Struck, Daniel) (Filed on 10/19/2009) (Entered: 10/19/2009)

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83 Oct. 19, 2009

AMENDED COMPLAINT Second Amended Class Action Complaint; Demand for Jury Trial against Jeff Brummett, John Smith, Transcor America LLC. Filed byKevin M. Schilling, William Tellez, John Pinedo. (Merin, Mark) (Filed on 10/19/2009) (Entered: 10/19/2009)

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84 Oct. 29, 2009

STIPULATION, Declaration and Proposed Order Extending The Pre-Certification Discovery Cut-Off by Kevin M. Schilling. (Schwartz, Andrew) (Filed on 10/29/2009) (Entered: 10/29/2009)

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85 Nov. 3, 2009

ORDER re discovery cutoff re 84 (tf, COURT STAFF) (Filed on 11/3/2009) (Entered: 11/03/2009)

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86 Nov. 10, 2009

NOTICE by Transcor America LLC of Service of Defendant Transcor Americas Objection To Plaintiffs Amended Deposition Notice With Production Of Documents; And Response To Plaintiffs Amended Inspection Demand, Set One (Struck, Daniel) (Filed on 11/10/2009) (Entered: 11/10/2009)

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87 Nov. 20, 2009

NOTICE by Jeff Brummett, John Smith, Transcor America LLC of Continued Videotaped Deposition of Plaintiff, John Pinedo (Struck, Daniel) (Filed on 11/20/2009) (Entered: 11/20/2009)

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88 Nov. 23, 2009

NOTICE by Jeff Brummett, John Smith, Transcor America LLC of service of Discovery Responses (Struck, Daniel) (Filed on 11/23/2009) (Entered: 11/23/2009)

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89 Dec. 1, 2009

NOTICE of Change In Counsel by Mark E. Merin, Esq (Merin, Mark) (Filed on 12/1/2009) (Entered: 12/01/2009)

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90 Dec. 1, 2009

MOTION to Certify Class and Appointment of Class Counsel filed by John Pinedo, Kevin M. Schilling, William Tellez. Motion Hearing set for 2/12/2010 09:00 AM. (Schwartz, Andrew) (Filed on 12/1/2009) Modified on 12/2/2009 (ys, COURT STAFF). (Entered: 12/01/2009)

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91 Dec. 1, 2009

Declaration of Karen Snell in Support of 90 MOTION to Certify Class filed byJohn Pinedo, Kevin M. Schilling, William Tellez. (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) 90 ) (Schwartz, Andrew) (Filed on 12/1/2009) (Entered: 12/01/2009)

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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RECAP

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