Case: Valdivia v. Davis

Valdivia v. Schwarzenegger

Cervantes v. California

Cervantes v. California

Valdivia v. Wilson

Valdivia v. Schwarzenegger

Margo Schlanger

ORDER by Honorable Lawrence K. Karlton ORDERING motion for partial summary judgment by plaintiffs [606-1] GRANTED, (cc: all counsel) (ndd)

LETTER to court from Gerald Haskin is in favor of the settlement (ndd) (Entered: 02/13/2004)

LETTER to court from Donald R Miller requesting the governor's address and a parolee handbook (ndd) (Entered: 03/09/2004)

MINUTES of Final Approval and Fairness Hearing before Honorable Lawrence K. Karlton: no objectors present in court; court finds settlement fair and appropriate; settlement is approved [819-1]; GRANTED further status conference SET for 10:00 5/24/04 C/R C Bodene (ndd) (Entered: 03/09/2004)

[TERMINATED - see 1863 Order] STIPULATED ORDER for Permanent Injunctive Relief by Honorable Lawrence K. Karlton ORDERED that the court finds that this is not a "civil case with respect to prison conditions," as those terms are defined and applied in the Prison Litigation Reform Act (PLRA), and that therefore this order is not governed by the PLRA; dfts, their agents, employees and successors in office are ordered to comply with all the terms stated in this order (see order for details) (cc: all counsel) (ndd) Modified on 11/21/2013 (Michel, G). (Entered: 03/09/2004)

Motion to intervene by Lorenzo Arteaga (ndd) (Entered: 03/11/2004)

LETTER to court from Juan Franco Jr seeking help from the court to reduce his sentence (ndd) (Entered: 03/11/2004)

MOTION to reset motion to intervene and motion for production of unconstitutionally and falsely imprisoned material witness by Lorenzo Arteaga (ndd) (Entered: 03/12/2004)

LETTER to court from Brent D Vaughn Alves Sr suggestions re the revoketion process (ljr) (Entered: 03/15/2004)

LETTER to court from several parolees regarding settlement proposal (mdk) (Entered: 03/16/2004)

LETTER to court from inmate Armando Rodriguez regarding case (mdk) (Entered: 03/16/2004)

LETTER to court from inmate Tracy Walker regarding case (mdk) (Entered: 03/16/2004)

LETTER to court from inmate Bill Stokes regarding case (nac) (Entered: 03/17/2004)

ORDER by Honorable Lawrence K Karlton: Notice entitled "Motion to Intervene" [1035-1] DENIED; any future filings by Mr Arteaga shall be placed in file and DISREGARDED; Clerk directed to serve copy of this Order on Lorenzo Arteaga (E-66703) (cc: all counsel) (mm1) (Entered: 03/17/2004)

STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERING the stipulated order for permanent injunctive relief GRANTED; By 05/24/04 the parties are ordered to lodge with the court a proposed form of final notice to pltfs Class which shall also resolve the two issues remaining for resolution; The status conference set for 05/03/04 VACATED (cc: all counsel) (nac) (Entered: 03/17/2004)

LETTER to court from counsel for plaintiff regarding Proposed Order Granting Final Approval of Stipulated Order for Permanent Injunctive Relief [0-0] (ndd) (Entered: 03/25/2004)

LODGED [proposed] order granting final approval of stipulated order for permanent injunctive relief (mdk)

LODGED Document: Propoed Order Granting Final Approval lodged on 3/18/04 (NOT TO BE SIGNED PER JUDGE) (ndd)

LODGED Stipulation and Proposed Order regarding Motion for reasonable attorneys' fees an expenses by defendants (ndd)

LETTER to court from Charlie Zawtow requesting a transcript of the hearing and asking how revocation hearing is going to change (ndd) (Entered: 03/23/2004)

ORDER from 9th Circuit appeal [798-1] DISMISSED (ndd) (Entered: 03/23/2004)

NOTICE of Redesignation of counsel for service by defendants (ndd) (Entered: 03/23/2004)

STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERED that the 4/2/04 date for a motion for reasonable attorneys' fees and expenses and the subsequent dates for response, reply and the 6/7/04 hearing are VACATED; in addition, the time for submitting a bill of costs is suspended as to taxable costs incurred by plts' counsel, to allow costs to be sought concurrently with attorneys' fees and expenses; status conference re attorneys' fees and expenses is SET for 10:00 6/7/04 with a joint status conference statement due on 5/28/04 (cc: all counsel) (ndd) (Entered: 03/24/2004)

NOTICE regarding copy of Complaint from case CIV.S-04-0277 GEB GGH P (ordered to be filed in this case by GGH) (mm1) (Entered: 03/25/2004)

LETTER to court from Craig Ogans re his false charges (ndd) (Entered: 03/29/2004)

LETTER to court from inmate Lorenzo Arteaga entitled "petition for rehearing of order and motion for new trial" (mdk) (Entered: 03/29/2004)

LETTER to court from Tonia Kennard re her medical problem (ndd) (Entered: 03/31/2004)

LETTER to court from inmate Allen Hope regarding this case (nac) (Entered: 04/05/2004)

LETTER to court from inmate Kenneth Dawson regarding the settlement (nac) (Entered: 04/06/2004)

LETTER to court from inmate Leonardo Muro Cervantes regarding the settlement (nac) (Entered: 04/08/2004)

LODGED Proposed Protective Order re plaintiffs' lead counsel's time records (ndd)

PROTECTIVE ORDER Re Plts' Lead Counsel's Time Records by Honorable Lawrence K. Karlton ORDERED that Time runs, summaries and all information contained therein (the "Fee/Costs Information:) shall, as to dfts, be regarded as confidential and subject to this protective order; plts' lead counsel may designate any Fee/Cost Information which is filed with the court for filing under seal; dfts, their counsel and their outside experts or consultants, shall not reveal this fee/Cost Information in any manner to any person other than those listed in paragraph 2 (See order for details) (cc: all counsel) (ndd) (Entered: 04/13/2004)

LETTER to court from Robert Biggs requesting information re the new revocation hearing law, half time laws and laws to come in the month of June (ndd) (Entered: 04/23/2004)

LETTER to court from Solin P League requesting help from the court to protect him from being harmed by parole officers (ndd) (Entered: 04/26/2004)

LETTER to court from inmate Robert Ross regarding case (mdk) (Entered: 05/03/2004)

LETTER to court from Raile Tilley informed the court that there is a discrepancy concerning the time to bring a parolee to the BPT Board and the actual time happened to him, 100 days (ndd) (Entered: 05/10/2004)

LETTER to court from Harry Stephen requesting for more information re the case and the date of settlement (ndd) (Entered: 05/13/2004)

LODGED stipulation and proposed order regarding motion for reasonable attorneys' fees and expenses by dfts (nac)

LODGED stipulation and proposed order regarding current lead counsels' motion for reasonable attorneys' fees and expenses (mdk)

LODGED Stipulation and Order re Final Notice to plt class by plaintiffs (ndd)

STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERING status conference currently set for 6/7/04 regarding attorney's fees VACATED ; the motion for pltfs' attorney's fees and expenses shall be briefed and argued according to the following schedule: motion due by 7/12/04, dfts' opposition due by 8/2/04, pltfs' reply due by 8/16/04, and hearing shall be on 8/23/04 (cc: all counsel) (mdk) (Entered: 05/25/2004)

STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERED that the 5/24/04 status conference is VACATED ; the notices to plt Class attached hereto as Exh A and B shall be published in the manner described in this stipulation and dfts shall file and serve an affidavit affirming that they published the Notice as required in this order by no later than 6/24/04 (cc: all counsel) (ndd) (Entered: 05/26/2004)

LETTER to court from Richard A Mongeon apprised the court that BOP disregarding any and all agreements in this case (ndd) (Entered: 05/28/2004)

LETTER to court from Donald Hooker requesting info on this case (hk) (Entered: 06/01/2004)

STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERING status conference RESET from 6/1/04 to 1:30 9/13/04 regarding attorneys' fees and expenses, with a joint status conference statement due on 9/3/04 (cc: all counsel) (mdk) (Entered: 06/01/2004)

LETTER to court from prisoner Glen Helen asking for information be sent to him regarding case (mdk) (Entered: 06/03/2004)

LETTER to court from Hortenda Hernandez requesting information to the case (ndd) (Entered: 06/07/2004)

LETTER to court from G Powell requesting information re the case, Constitution and Bill of Rights (ndd) (Entered: 06/07/2004)

LETTER to court from Richard A Mongeon requesting a copy of the settlement of this case (ndd) (Entered: 06/15/2004)

LETTER to court from Jorge E Mendoza Escutio requesting help to appeal his case (ndd) (Entered: 06/21/2004)

LETTER to court from William Rocha re his situation and requesting help (ndd) (Entered: 06/21/2004)

REQUEST by inmate Richard Mongeon for stipulated order for permanent injunctive relief to enforce case (mdk) (Entered: 06/25/2004)

LETTER to court from counsel for plaintiffs requesting a hearing on shortened time be scheduled on 6/28/04 1:30pm regarding Stipulated Order for Permanent Injunctive [1034-1]; letter from plts' counsel to dfts' counsel attached (ndd) (Entered: 06/25/2004)

LETTER to court from M Valdez requesting information re this case (ndd) (Entered: 06/28/2004)

LODGED Amendment to Stipulation and Proposed Order re Final Notice to plt class (ndd)

MINUTES of Implementation of Remedial Plan before Honorable Lawrence K. Karlton: Court is in receipt of letters re Implentation of remedial plan; parties have reached an impasse re implementation; court addresses both sides; dfts requested a 45 day extension of the 7/1/04 deadline parties stipulated to; plt opposes request; Cynthia Curry (senior staff counsel for Dept of General Services) takes the stand to address the court; Terry Farmer (Chief counsel for Board of Prison Terms) addresses the court, Mich Brady (Project Manager for Youth and Adult Correctional Agency) addresses the court; Glenn Fait (Associate Dean - Special counsel for McGeorge School of Law) addresses the court; dfts propose a meet and confer with opposing counsel and a further status in a week; court grants the request; Further Status conference SET for 1:30 7/7/04 C/R C Bodene (ndd) (Entered: 06/29/2004)

TRANSCRIPT of 6/28/04 hearing on Implementation to remedial plan by C/R C Bodene (ndd) (Entered: 06/30/2004)

AMENDMENT STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERED that the parties have agreed to amend the 5/26/04 stipulation and Order re Final Notice to plt class [1064-2] in the following respects: the Notice shall be completely disseminated to the Class no later than 45 days after dfts receive all Notice materials for reproduction; for members of the class who are California parolees in custody as alleged parole violators, the distribution of the short written Notice stated in paragraph 3(2)(3) and (d) of the 5/26 Stipulation and Order shall be done during a 30-day period only (Notice Period); no later than 30 days after the end of the Notice Period, dfts must file and serve on plts' counsel an affidavit affirming that they have published the Notice as required by the 5/26 Stipulation and Order and this Amendment to the Stipulation and Order (cc: all counsel) (ndd) (Entered: 06/30/2004)

LETTER to court from Paul Pacheco that he's been in prison for 65 days and he has not been to parole screening (ndd) (Entered: 06/30/2004)

NOTICE OF MOTION AND MOTION on shortened time for order finding dfts in violation of permanent injunction by plaintiffs ; motion TO BE HEARD by Honorable Lawrence K. Karlton ; Motion Hearing Set For 7/7/04 1:30pm (ndd) (Entered: 07/02/2004)

DECLARATION of Michael W Bien in support of plts' Motion on shortened time for order finding dfts in violation of permanent injunction [1081-1] (ndd) (Entered: 07/02/2004)

POLICIES AND PROCEDURES by dfts (bd) (Entered: 07/02/2004)

ADDENDUM TO POLICIES AND PROCEDURES by dfts [1083-1] (bd) (Entered: 07/02/2004)

LETTER to court from inmate Grace Peterson thanking the court for the information provided regarding this case (nac) (Entered: 07/06/2004)

LODGED stipulation and [proposed] order for periodic collection of attorneys' fees and costs (mdk)

STIPULATION AND ORDER by Honorable Lawrence K. Karlton: MOTION HEARING DATE of 7/7/04 VACATED WITHOUT PREJUDICE to pltfs' renoticing, re motion on shortened time for order finding dfts in violation of permanent injunction by pltfs [1081-1], scheduling conference VACATED (cc: all counsel) (mdk) (Entered: 07/07/2004)

LETTER to court from counsel Michael Bien regarding stipulation and request that the hearing set for 7/7/04 be taken off calendar [1086-2] (mdk) (Entered: 07/08/2004)

STIPULATION AND ORDER by Honorable Lawrence K. Karlton GRANTING periodic collection of attorneys' fees and costs (See Order for Details) (cc: all counsel) (mdk) (Entered: 07/08/2004)

LETTER to court from inmate William Rocha regarding his concerns (mdk) (Entered: 07/09/2004)

ORDER signed by Judge Lawrence K. Karlton on 5/3/05: The court to continue plts' motion for civil contempt 1176 to 5/12/05 9:30am in Courtroom No. 4. The court hereby grants the dfts' 1196 Ex Parte Application for Order to Shorten Time on their motion to appoint a special master. A hearing on dft's motion is now set for 5/23/2005 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Plts are directed to FILE an opposition or statement of non-opposition not later than 5/12/05. The dfts may FILE a reply brief not later 5/13/05. (See Order for details) (Duong, D)

ORDER signed by Judge John F. Moulds on 5/27/05: This Court has read the proposed stipulated order filed 5/24/05 1215 and finds that it properly sets forth the agreements reached in the Settlement conference. It is hereby RECOMMENDED that the proposed stipulated order be approved and ordered by the District Court. (Sherman, T) (Modified by M. Krueger on 5/31/05)

STIPULATION and ORDER re Policies and Procedures for Designating information as confidential in parole revocation proceedings signed by Judge Lawrence K. Karlton on 6/1/05. (Duong, D)

ORDER signed by Judge Lawrence K. Karlton on 6/8/05 ORDERING MOTION for Order Regarding Violation of Permanent Injunction, and for Order to Show Cause Re Contempt 1176 GRANTED in part, and DENIED in part as follows: The dfts are in violation of the Permanent Injunction Order by virture of the elimination of the remedial sanctions of Electronic Monitoring and SATCUs; 2) The removal of the CCRCs is not in violation of the Permanent Injunction Order; and 3) Dfts will not be held in contempt. (Krueger, M)

STIPULATION AND ORDER re 1219 signed by Judge Morrison C. England Jr. for Judge Lawrence K. Karlton on 6/17/05: The time is extended to 7/22/05 to file a proposed reference and method of selecting a Special Master.(Duong, D)

JOINT STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 7/14/05 ORDERING that plts' motions are SUBMITTED.(Duong, D)

STIPULATED and ORDER re 1223 signed by Judge Lawrence K. Karlton on 7/25/05 GRANTING the extension of time to file a proposed reference to 8/12/05. (Duong, D)

STIPULATED PROTECTIVE ORDER signed by Judge Lawrence K. Karlton on 8/4/05. (Dotson, B)

STIPULATION and ORDER re Special Master Order of Reference signed by Judge Lawrence K. Karlton on 8/15/05. (See Order for details).(Duong, D)

STIPULATION and ORDER Confirming Undisputed Attorneys' Fees ad Costs for the First Quarter of 2005 and Resolving Disputed Attorneys' Fees from the Second Quarter of 2004 re 1231 signed by Judge Lawrence K. Karlton on 8/18/05 ORDERING that it is confirmed that $481,256.27, plus interest is due and collectable as of 45 days from the date of entry of this order. (Duong, D)

ORDER signed by Judge Lawrence K. Karlton on 8/31/05 ORDERING that parolees' counsel shall receive access to information in their client's parole field files w/out any limitations or restrictions on disclosing the information to the parolee based on perceived risk of harm to the parolee's mental health under Cal. Health and Safety Code Sec. 123115(b). Dfts, in delivering such material, may note its sensitive character and urge counsel to use discretion in determining whether to discuss its contents with a client. (Krueger, M)

ORDER signed by Judge Lawrence K. Karlton on 9/15/05 re 1237 ORDERING that the court prefers a list of three candiates for Special Master, from which the court will choose one. (Duong, D)

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 11/1/05 ORDERING that is confirmed that $541,133.62 is due and collectable as of 45 days from the date of this order. Modified on 11/2/2005 (Caspar, M).

ORDER signed by Judge Lawrence K. Karlton on 12/16/05 APPOINTING Chase Riveland as Special Master. Clerk to add Mr. Riveland to the court's service list.(Matson, R)

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 12/19/05 re 1244 ORDERING that $498,931.72 is due and collectable s of 45 days from the date of entry of this order. Daily interest runs from 12/5/05 at the rate of 4.39%. (Duong, D) Modified on 12/19/2005 (Duong, D).

ORDER signed by Judge Lawrence K. Karlton on 1/30/06 ORDERING Virginia L. Morrison and Nancy M. Campbell APPOINTED as Deputy Special Masters. (Carlos, K)

ORDER signed by Judge Lawrence K. Karlton on 02/02/06. ORDERING Defendants to deposit, within 30 days of the date of this Order, the sum of $500,000 with the Clerk of this Court as an interim payment of costs, which shall be invested in an interest-bearing account.(Mena-Sanchez, L)

ORDER signed by Judge Lawrence K. Karlton on 3/9/06 ORDERING that Clerk is directed to pay to Chase Riveland the amount of $32,754.87 in accordance with the attached statement. A copy of this order shall be served on the Financial Dept. (Duong, D)

ORDER signed by Judge Lawrence K. Karlton on 3/27/06 ORDERING that there is no provision in the Stipulated Judgment for enforcement by individual class members and the motion 1256 is therefore DENIED. Clerk shall serve a copy of the attached motion on class counsel.(Duong, D)

ORDER signed by Judge Lawrence K. Karlton on 4/7/06 ORDERING that Clerk is directed to pay to Chase Riveland in the amount of $23,732.11 in accordance with the attached statement. (cc: CFS). (Duong, D)

ORDER signed by Judge Lawrence K. Karlton on 5/5/06 ORDERING that: the clerk is DIRECTED to pay to Chase Riveland, Valdivia Special Master, the amount of $17,570.40 in accordance with the attached statement; and a copy of this order shall be served on SAC Financial.(cc: SAC Financial) (Brown, T)

NON-RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 05/05/06: The court declines to relate cases CIV-S-94-0671 LKK GGH and CIV-S-06-0823 DFL DAD. (Warren, P)

ORDER CONFIRMING UNDISPUTED ATTORNEY FEES and COSTS signed by Judge Lawrence K. Karlton on 5/11/06 ORDERING 1266 Pltfs' fees and costs of $451,521.78, plus interest are due and collectable as of 45 days from the date of entry of this Order. Daily interest runs from 3/13/06 at the rate of 4.80%. (Girgis, C)

ORDER signed by Judge Lawrence K. Karlton on 5/24/06 ORDERING that the Motion to amend the "Stipulated order for permanent injunctive relief" is DENIED.(Mena-Sanchez, L)

ORDER signed by Judge Lawrence K. Karlton on 6/6/2006 ORDERING that Clerk is directed to pay to Chase Riveland, Valdivia Special Master, the amount of $23,121.87 in accordance with the statement. A copy of this order shall be served on the CFS. (Duong, D)

ORDER signed by Judge Lawrence K. Karlton on 6/14/06: The Special Master's request for an extension of time is granted. The First Report of the Special Master shall be filed on or before September 16, 2006. (Hinkle, T)

ORDER Confirming Undisputed Attorneys' Fees and Costs for the 1st Quarter of 2006 signed by Judge Lawrence K. Karlton on 6/14/06. It is ORDERED that pltfs' fees and costs of $510,883.93, plus interst, are due and collectable as of 45 days from the date of entry of this Order. Daily interest runs from June 8, 2006 at the rate provided by 28 U.S.C. Section 1961. (Brown, T)

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 7/5/2006 GRANTING 1285 Stipulation and Proposed Order Motion to re-schedule hearing currently set for 8/7/2006 to 8/28/2006 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Matson, R)

ORDER signed by Judge Lawrence K. Karlton on 7/6/2006 GRANTING 1286 Stipulation and Proposed Order extending time to file motion to compel regarding disputed attorneys' fees and costs for 2005. (Matson, R)

ORDER signed by Judge Lawrence K. Karlton on 07/28/06.: The Clerk is directed to pay to Chase Riveland, Valdivia Special Master, the amount of $36,208.48 in accordance with the attached statement; a copy shall be served on the Financial Dept of the Court. (cc: Financial Dept)(Kirkpatrick, S)

ORDER signed by Judge Lawrence K. Karlton on 8/1/06: The Clerk is DIRECTED to pay to Chase Riveland, Valdivia Special Master, the amount of $20,593.15 in accordance with the attached statement; a copy of this order shall be served on the Financial Dept. of this court. (cc: Financial)(Brown, T)