Case: Ercoli v. County of Tuolumne

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT FOR DECLARATORY RELIEF AND INJUNCTIVE RELIEF to Judge John F. Moulds ; fee status pd; Receipt # 130269; Notice re: Consent forms. (old) (Entered: 10/29/1990)

NOTICE of Transfer of action to Sacramento, case referred to Magistrate Moulds. (old) (Entered: 10/29/1990)

APPLICATION by plaintiffs for temporary restraining order before Mgst Moulds, and for Ancillary relief before Mgst Moulds Hearing 9:00 11/1/90 (old) Modified on 10/08/1991 (Entered: 10/29/1990)

PROOF OF SERVICE by plaintiff Donald G Ercoli, plaintiff Jolie Ercoli, plaintiff Thomas E Brennan of lodged [0-1], motion for temporary restraining order set for 11/1/90 @ 9:00 [3-1], motion for Ancillary relief set for 11/1/90 @ 9:00. [3-2], complaint [1-1] (old) (Entered: 10/29/1990)

LODGED Temporary Restraining Order (old)

MEMORANDUM by defendant County of Tuolumne, defendant Robert T Coane in opposition to motion for temporary restraining order set for 11/1/90 @ 9:00 [3-1], motion for Ancillary relief set for 11/1/90 @ 9:00. [3-2] (old) (Entered: 10/31/1990)

APPLICATION by defendant County of Tuolumne, defendant Robert T Coane for order Shortening Time re Answering Interrogatories. (old) (Entered: 10/31/1990)

APPLICATION by defendant County of Tuolumne, defendant Robert T Coane for order shortening time re Rule 12 Motions. (old) (Entered: 10/31/1990)

DECLARATION of James Childers in opposition re motion for temporary restraining order set for 11/1/90 @ 9:00 [3-1] (old) (Entered: 10/31/1990)

LODGED proposed order denying plaintiffs' application for Temporary Restraining order. (old)

MINUTES of motion for TRO setting hearing on motion for temporary restraining order set from 11/1/90 @ 9:00 [3-1] to 9:00 11/15/90, setting hearing on motion for Ancillary relief set from 11/1/90 @ 9:00. [3-2] to 9:00 11/15/90 (old) (Entered: 11/02/1990)

SUPPLEMENTAL Exhibits by plaintiff Donald G Ercoli, plaintiff Jolie Ercoli, plaintiff Thomas E Brennan (old) (Entered: 11/09/1990)

NOTICE OF FILING OF DOCUMENTS; EXHIBITS; DECLARATION of James Childers re motion for temporary restraining order set for 11/1/90 @ 9:00 [3-1], re motion for Ancillary relief set for 11/1/90 @ 9:00. [3-2] (old) (Entered: 11/09/1990)

SUPPLEMENT to opposition by defendant County of Tuolumne, defendant Robert T Coane re motion for temporary restraining order set for 11/1/90 @ 9:00 [3-1], re motion for Ancillary relief set for 11/1/90 @ 9:00. [3-2] (old) (Entered: 11/13/1990)

NOTICE by defendant County of Tuolumne, defendant Robert T Coane of filing of Deposition transcripts in regards to motion hearing set for 11/15/90 @ 9:00. (old) (Entered: 11/13/1990)

EX-PARTE APPLICATION by defendant County of Tuolumne, defendant Robert T Coane to dismiss Jolie Ercoli as a named plaintiff. (old) (Entered: 11/13/1990)

EX-PARTE APPLICATION by defendant County of Tuolumne, defendant Robert T Coane to strike the declaration of Jolie Ercoli set for 11/15/90 @ 9:00 (old) (Entered: 11/13/1990)

ANSWER by defendant County of Tuolumne, defendant Robert T Coane (old) (Entered: 11/14/1990)

MINUTES of court's motion to set inspection date to 11/20/90; Ordered further hearing for preliminary injunction for 12/6/90 @ 9:00. (old) (Entered: 11/19/1990)

SUPPLEMENTAL EXHIBITS IN SUPPORT of Preliminary Injunction and class certification to be heard on 12/6/90 @ 9:00 by defendant County of Tuolumne, defendant Robert T Coane (old) (Entered: 11/28/1990)

APPLICATION by plaintiff Donald G Ercoli, plaintiff Jolie Ercoli, plaintiff Thomas E Brennan to Substitute plaintiffs (old) (Entered: 11/28/1990)

LODGED proposed order to substitute plaintiffs (old)

RESPONSE by defendant County of Tuolumne, defendant Robert T Coane to inquiries made during jail inspection (old) (Entered: 11/29/1990)

NOTICE of non opposition to substitution of plaintiff by defendant County of Tuolumne, defendant Robert T Coane (old) (Entered: 12/05/1990)

REPLY by defendant County of Tuolumne, defendant Robert T Coane re [18-1] Plaintiff's Supplemental Exhibits (old) (Entered: 12/05/1990)

NOTICE by defendant County of Tuolumne, defendant Robert T Coane of filing of original declaration of Lt. James Childers (old) (Entered: 12/06/1990)

MINUTES of plaitniffs' motion for temporary restraining order set for 11/1/90 @ 9:00 [3-1] is submitted, that the motion for Ancillary relief set for 11/1/90 @ 9:00. [3-2] is submitted; also recommending class to be certified. (old) (Entered: 12/06/1990)

STATUS REPORT by defendant County of Tuolumne, defendant Robert T Coane regarding law library services. (old) (Entered: 12/11/1990)

LETTER to court from defendant County of Tuolumne, defendant Robert T Coane regarding inspections of the three Stanislaus jails. (old) (Entered: 12/12/1990)

ORDER by Magistrate John F. Moulds, defendants are directed to submitt a plan regarding method of ensuring effective communication between prisoners and correctional officers within 10 days; and directing defendant to submitt proposed order allowing prisoners adequate access to law library. (cc: all counsel) (old) (Entered: 12/18/1990)

REPORT AND RECOMMENDATION concerning motion for temporary restraining order set for 11/1/90 @ 9:00 [3-1], motion for Ancillary relief set for 11/1/90 @ 9:00. [3-2]; recommending class certification for plaintiff's, enjoining defendants from bedding inmates on the floor pending outcome of this action, enjoining defendants from adding inmate beds pending outcome of this action, authorizing sheriff to release inmates when beds are within 10 beds of being filled and not to accept new inmates when beds are full, matters of communication be addressed in separate order; in all other aspects the request for preliminary injunction be denied. (cc: all counsel) (old) (Entered: 12/18/1990)

ORDER by Magistrate John F. Moulds substituting Stacey Jacobson for Jolie Erocoli. (cc: all counsel) (old) (Entered: 12/18/1990)

MOTION by plaintiffs for preliminary injunction Hearing 9:00 1/31/91; with Memorandum of P/A and Declaration in support (old) Modified on 10/08/1991 (Entered: 12/27/1990)

OBJECTIONS by defendant County of Tuolumne, defendant Robert T Coane to Report and Recommendation [28-1] (old) (Entered: 12/27/1990)

LODGED proposed order regarding motion for preliminary injunction. (old)

DEFENDANTS' PLAN ENSURING EFFECTIVE COMUNICATION BETWEEN INMATES AND STAFF by defendant County of Tuolumne, defendant Robert T Coane (old) (Entered: 12/27/1990)

Defendants' proposal for inmate law library access. (old) (Entered: 01/03/1991)

TRANSMITTAL of documents recd orig files from Sacto w/ord for EDP; forward to EDP (file to be retnd, missing doc #33) (old) (Entered: 01/04/1991)

LETTER to court from Mike Hagar regarding the request for status conference on two issues: Medical discovery and Law library (old) (Entered: 01/08/1991)

TRANSCRIPT of 12/6/90; Transcript of Hearing regarding plaintiff's motion for preliminary injunction. (old) (Entered: 01/07/1991)

ORDER by Senior Judge Edward D. Price setting hearing on report & recommendation objection [31-1] at 4:00 on 1/15/91 (cc: all counsel) (old) (Entered: 01/11/1991)

ORDER by Senior Judge Edward D. Price granting report & recommendation motion REPORT AND RECOMMENDATION [28-1] (cc: all counsel) (old) (Entered: 01/24/1991)

SUPPLEMENT memorandum re: Status Conference by plaintiff Donald G Ercoli, plaintiff Jolie Ercoli, plaintiff Thomas E Brennan (old) (Entered: 01/23/1991)

REQUEST by plaintiff Donald G Ercoli, plaintiff Jolie Ercoli, plaintiff Thomas E Brennan for inspection and entry. (old) (Entered: 01/23/1991)

RECEIPT of 3rd volume of file for further processing. (old) (Entered: 01/29/1991)

LETTER to court from Gilbert H. Levy regarding mail inadvertantly sent to him. (old) (Entered: 01/30/1991)

MINUTES of motion for preliminary injunct vacating [30-1] motion for preliminary injunction set for 1/31/91 @ 9:00 (old) (Entered: 02/04/1991)

MINUTES of status conference parties to meet and confer (old) (Entered: 02/04/1991)

ORDER by Chief Judge Robert E. Coyle Case reassigned to Judge Oliver W. Wanger (cc: all counsel) (old) (Entered: 06/06/1991)

MOTION by defendants County of Tuolumne and Robert T Coane for partial summary judgment before Mgst Moulds Hearing 9:00 8/22/91 (old) Modified on 10/08/1991 (Entered: 07/09/1991)

STATEMENT by defendant County of Tuolumne, defendant Robert T Coane of uncontroverted facts in support of motion for partial summary judgment set for 8/22/91 @ 9:00 before JFM [46-1] (old) (Entered: 07/09/1991)

MEMORANDUM of points and authorities by defendant County of Tuolumne, defendant Robert T Coane in support of motion for partial summary judgment set for 8/22/91 @ 9:00 before JFM [46-1] (old) (Entered: 07/09/1991)

APPENDIX of exhibits by defendant County of Tuolumne, defendant Robert Coane re motion for partial summary judgment set for 8/22/91 @ 9:00 before JFM [46-1] (old) (Entered: 07/09/1991)

LODGED stipulation re continuance of partial summary judgment hearing. (old)

NOTICE by plaintiff Donald G Ercoli, plaintiff Jolie Ercoli, plaintiff Thomas E Brennan, plaintiff Stacey Jacobson of change of address of Paul Comiskey to 2310 J Street P.O. BOX 1019 Sacramento ca 95814 (old) (Entered: 08/13/1991)

STIPULATION and ORDER by Magistrate John F. Moulds :, setting hearing on motion for partial summary judgment set for [46-1] 10/10/91 @ 9:00 before JFM (cc: all counsel) (old) (Entered: 08/13/1991)

MEMORANDUM by defendant County of Tuolumne, defendant Robert T Coane in opposition to motion for preliminary injunction re law library set for 10/10/91 @ 9:00 (old) (Entered: 09/24/1991)

MOTION by plaintiffs for temporary restraining order filed 9/25/91 (old) Modified on 10/08/1991 (Entered: 09/26/1991)

MEMORANDUM by plaintiff Donald G Ercoli, plaintiff Thomas E Brennan, plaintiff Stacey Jacobson in opposition to motion for partial summary judgment set for 8/22/91 @ 9:00 before JFM [46-1] (old) (Entered: 09/26/1991)

REQUEST by plaintiff Donald G Ercoli, plaintiff Thomas E Brennan, plaintiff Stacey Jacobson for an order that probable cause determination forms be produced (old) (Entered: 09/26/1991)

NOTICE by plaintiff Donald G Ercoli, plaintiff Thomas E Brennan, plaintiff Stacey Jacobson of abandonment of issues (old) (Entered: 09/26/1991)

MEMORANDUM by plaintiff Donald G Ercoli, plaintiff Thomas E Brennan, plaintiff Stacey Jacobson in support of motion for temporary restraining order filed 9/25/91 [53-1], and exhibits in opposition of motion for partial summary judgment set for 8/22/91 @ 9:00 before JFM [46-1] (old) (Entered: 09/27/1991)

APPLICATION by defendant County of Tuolumne, defendant Robert T Coane for Notice of motion and motion to set for pretrial and trial; certificate of readiness; proposed order; hearing to be set for 10/10/91 @ 9:00 (old) (Entered: 10/01/1991)

MEMORANDUM by defendant County of Tuolumne, defendant Robert T Coane defendants' opposition to plaintiffs' motion for documents which show the nature bases and findings of probable cause determinations [55-1] (old) Modified on 10/07/1991 (Entered: 10/01/1991)

LODGED proposed order on application (old)

LODGED defendants' notice of motion and motion to set for pretrial and trial; points and authorities in support thereon (old)

REPLY by plaintiff Donald G Ercoli, plaintiff Thomas E Brennan, plaintiff Stacey Jacobson plaintiffs' reply memorandum regarding law library access preliminary injunction [30-1] (old) Modified on 10/07/1991 (Entered: 10/03/1991)

TYPED VERSION OF PLAINTIFFS' SUPPLEMENTAL DECLARATIONS SUBMITTED AS EXHIBITS by plaintiff Donald G Ercoli, plaintiff Jolie Ercoli, plaintiff Thomas E Brennan, plaintiff Stacey Jacobson in opposition re motion for partial summary judgment set for 8/22/91 @ 9:00 before JFM [46-1], in support re motion for preliminary injunction set for 1/31/91 @ 9:00 [30-1] (old) (Entered: 10/07/1991)

SUPPLEMENTAL EXHIBITS by defendant County of Tuolumne, defendant Robert T Coane supporting re motion for partial summary judgment set for 8/22/91 @ 9:00 before JFM [46-1] (old) (Entered: 10/07/1991)

RESPONSE by defendant County of Tuolumne in opposition to plaintiffs motion for temporary restraining order filed 9/25/91 53 (old) (Entered: 10/08/1991)

REPLY by defendant County of Tuolumne, defendant Robert T Coane to response to motion by defendants County of Tuolumne and Robert T Coane for partial summary judgment before Mgst Moulds [46-1] (old) (Entered: 10/08/1991)

EX-PARTE APPLICATION by defendant County of Tuolumne, defendant Robert T Coane to strike the declarations Jolie Gray; Kevin Smith, Kathryn Fisher and Nancy Cekov (old) (Entered: 10/08/1991)

TRANSMITTAL of documents return original file to Sacto, last document in the file #63 (old)

MINUTES that the motion by defendants County of Tuolumne and Robert T Coane for partial summary judgment before Mgst Moulds [46-1] is submitted, that the motion by plaintiffs for preliminary injunction [30-1] is submitted; order to be prepared by the court (old) (Entered: 10/10/1991)

RECEIPT of case file from Fresno (old) (Entered: 10/10/1991)

CONSENT to Proceed before a Magistrate by defendant County of Tuolumne, defendant Robert T Coane (old) (Entered: 10/16/1991)

LODGED substitution of attorneys for plaintiffs- Dan Stormer (old)

CONSENT to Proceed before a Magistrate by plaintiff Donald G Ercoli, plaintiff Thomas E Brennan, plaintiff Stacey Jacobson (old) (Entered: 10/29/1991)

SUPPLEMENT by plaintiff Donald G Ercoli, plaintiff Thomas E Brennan, plaintiff Stacey Jacobson exhibits for status conference set for 11/7/91 @ 9:00 (old) (Entered: 11/06/1991)

MINUTES of further status conference ; Pretrial conf (prelim) set for 3/27/92 @ 1:30 ; Trial set for 3/30/92 @ 9:00 (old) (Entered: 11/07/1991)

LODGED Notice of pendency of class action laawsuit (old)

LODGED order re medical records (old)

NOTICE by plaintiff Donald G Ercoli, plaintiff Thomas E Brennan, plaintiff Stacey Jacobson of change of address of Dan Stormer (old) (Entered: 11/13/1991)

REMARK case file being transferred to Fresno (old) (Entered: 11/14/1991)

TRANSMITTAL of documents file 1 volume with order. Forwarded to OWW. (old) (Entered: 11/26/1991)

RECEIPT from Fresno of original case file; received 11/26/91 (old) (Entered: 12/02/1991)

NOTICE by plaintiff Donald G Ercoli, plaintiff Jolie Ercoli, plaintiff Thomas E Brennan, plaintiff Stacey Jacobson of association of attorney James F Goodfellow (old) (Entered: 12/03/1991)

ORDER by Judge Oliver W. Wanger upon consent of parties, this case transferred to Judge John F. Moulds for final disposition (cc: all counsel) (old) (Entered: 12/11/1991)

ORDER by Judge John F. Moulds granting lodged [0-1] proposed order of 11/7/91 sealing medical records filed for purposes of this litigation (cc: all counsel) (old) (Entered: 01/13/1992)

NOTICE by the court of pendency of class action lawsuit; (cc: all counsel) (old) (Entered: 02/27/1992)

PRETRIAL Statement from plaintiffs; re local rule 281 (old) (Entered: 02/11/1992)

PRETRIAL Statement from defendant County of Tuolumne, defendant Robert T Coane (old) (Entered: 02/12/1992)

MINUTE ORDER by Judge John F. Moulds Pretrial conf cont'd from 2/27/92 at 1:30 to 3/6/92 at 1:30 (cc: all counsel) (old) (Entered: 02/14/1992)

ORDER by Judge John F Moulds ORDERING: Plaintiff's motion for preliminary injunction on the issue of the law library GRANTED in part. On or before 3/4/92 the County shall provide a report addressing what steps to take to replace the paging system. Plaitiff's motion for a TRO is DENIED; Defendants' motion to strike declaration of Jolie Gray is GRANTED; Defendants' motion to strike declarations of Kevin Smith, Kathryn Fisher, and Nancy Cekov is DENIED; Defendants' motion for partial summary judgment on the issue of cleanliness, ventilation, heating and cooling is DENIED; Defendants' motion for summary judgment on the issue of exercise is DENIED; issue as to the general population of the jail is GRANTED; Defendants' motion for partial summary judgment on the issue of seating is GRANTED; Defendants' motion for partial suummary judgment on the issue of the law library is DENIED; Defendants' motion on the issue of prompt probable cause is GRANTED; Plaintiff's motion to compel discovery is DENIED; Defendants' motion for partial summary judgment on the issue of equal access to programs for female inmates is DENIED. (old) (Entered: 02/25/1992)

NOTICE OF MOTION by defendant County of Tuolumne and Sheriff Richard Nutting to compel deposition answers; motion hearing 3/26/92 at 9:00am in ctrm 6 ; application for costs and sanctions (kh) (Entered: 03/05/1992)

STATUS REPORT RE LAW LIBRARY by defendant County of Tuolumne and Sheriff Nutting (kh) (Entered: 03/05/1992)

AMENDED EXHIBIT list by defendant County of Tuolumne and Sheriff Nutting (kh) (Entered: 03/05/1992)

LETTER to court from attorney Paul T Persons RE lodged stipulation RE discovery (kh) (Entered: 03/05/1992)

LODGED Stipulation RE discovery close off, disclosure of inmate witnesses, order thereon (kh)

REQUEST for consideration of Magistrate Judge's ruling by plaintiff's (old) (Entered: 03/09/1992)