Case: Farrow v. Lipetzky

3:12-cv-06495 | U.S. District Court for the Northern District of California

Filed Date: Dec. 12, 2012

Closed Date: Feb. 22, 2021

Clearinghouse coding complete

Case Summary

On December 12, 2012, two individual plaintiffs filed suit against Contra Costa County (California) and its Office of the Public Defender (PD) in the U.S. District Court for the Northern District of California (in San Francisco). Represented by private counsel, the plaintiffs sought to represent a class of indigent criminal defendants who, they alleged, were inadequately represented by the PD. The case was assigned to Magistrate Judge Joseph Spero.The written policy of the PD provided for indig…

On December 12, 2012, two individual plaintiffs filed suit against Contra Costa County (California) and its Office of the Public Defender (PD) in the U.S. District Court for the Northern District of California (in San Francisco). Represented by private counsel, the plaintiffs sought to represent a class of indigent criminal defendants who, they alleged, were inadequately represented by the PD. The case was assigned to Magistrate Judge Joseph Spero.

The written policy of the PD provided for indigent people accused of crimes (both felonies and misdemeanors) to appear alone at their first court appearance. The court would then refer the criminal defendant to the PD, and postpone the arraignment for an arbitrary period (typically five to thirteen days), not based on the needs of the Public Defender or the exigencies of the particular defendant’s case. During that period, the person remained in jail and opportunities for bail or other release were delayed until the postponed arraignment.

The plaintiffs argued that the Public Defender’s policy was unconstitutional because counsel is required at all critical stages of criminal proceedings, including the initial court appearance. The plaintiffs alleged violations of their Sixth Amendment right to the assistance of counsel and their Fourteenth Amendment right to due process (procedural due process with respect to bail or other release, and both procedural and substantive with respect to statutory speedy trial rights). The plaintiffs sought a declaration of the policy’s illegality and an injunction to block the policy and compel the PD to perform the duties required by California Government Code § 27706. The plaintiffs also requested nominal damages under 42 U.S.C. § 1983 for violations of their constitutional rights, damages under the California State Civil Rights Act for denial of their statutory speedy trial rights, attorneys’ fees, and punitive damages.

The PD moved to dismiss the complaint on January 31, 2013. While this case was pending, the PD changed the contested policy for people charged with felonies, allowing for representation at their first court appearance, but the policy remained unchanged for misdemeanor defendants. The case was referred to Magistrate Judge Jacqueline Scott Corley for settlement negotiations on April 29, 2013, but a settlement was never reached.

On May 8, 2013, the court granted the PD’s motion to dismiss with leave to amend, citing insufficient facts and vague legal reasoning in the complaint. 2013 WL 1915700. The plaintiffs filed an amended complaint on May 13, 2013, and another on May 31. These amended complaints contained more developed legal reasoning, and alleged more particular facts regarding the ways that the delays had affected them. These effects included additional charges brought against the plaintiffs, exclusion of positive information from their bail reports, and loss of opportunity to interview witnesses.

On August 7, 2013, the court granted the PD’s motion to dismiss all federal claims with prejudice, and dismissed all California statutory claims without prejudice. 2013 WL 4042276. Magistrate Judge Spero directed the district court clerk to close the case on August 30, 2013.

The plaintiffs appealed to the Ninth Circuit (court of appeals docket # 13-16781). More than 2 years later, on December 7, 2015, in a joint opinion by Circuit Judges Kim Wardlaw, William Fletcher, and Mary Murguia, the Ninth Circuit affirmed the district court’s decision to dismiss the Fourteenth Amendment claims (the plaintiffs appealed this decision to the Supreme Court, which did not hear their appeal). However, the court of appeals reversed the district court as to the dismissal of the Sixth Amendment claims. The Sixth Amendment, the court of appeals held, required that counsel be appointed at a reasonable time, and it was not clear how long of a delay would be constitutionally unacceptable. Because the district court had not considered this question before dismissing the claims, the Ninth Circuit remanded. 637 Fed. Appx. 986.

On remand in the district court, the plaintiffs filed another amended complaint. On April 28, 2017, the court dismissed the plaintiffs’ claim that the PD had failed to provide counsel at a critical stage (namely the initial appearance), but declined to dismiss the Sixth Amendment claim of unreasonable delay.

The plaintiffs moved for summary judgment on November 22, 2017, this was followed by a cross-motion for summary judgment by the PD. The court granted the PD’s summary judgment motion on the Sixth Amendment claims on January 2, 2019. The court also dismissed the plaintiffs’ remaining California law claim for lack of subject matter jurisdiction, allowing the plaintiffs to bring that claim in a California court (it does not appear that the case was ever pursued in state court).

On January 31, 2019, the plaintiffs filed another appeal in the Ninth Circuit (court of appeals docket #19-15152). The court of appeals affirmed the district court’s ruling on March 30, 2020. In a joint opinion by Circuit Judges Ronald Gould, Morgan Christen, and Daniel Bress, the court of appeals held that the plaintiffs did not establish that the district court erred in ruling that the PD violated their Sixth Amendment rights by failing to provide counsel “within a reasonable time” after arrest and before trial. 799 Fed. Appx. 520. The plaintiffs’ petition for rehearing in the Ninth Circuit was denied and the court of appeals stayed its ruling pending an appeal to the Supreme Court.

The plaintiffs filed for certiorari on October 27, 2020; the Supreme Court issued an order denying certiorari on February 22, 2021. This effectively ended the case.

Summary Authors

Kenneth Gray (6/12/2013)

Abigail DeHart (2/6/2017)

Keagan Potts (3/18/2019)

Gregory Marsh (7/25/2020)

Esteban Woo Kee (7/23/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5950198/parties/farrow-v-lipetzky/


Judge(s)

Bress, Daniel Aaron None (Alaska)

Christen, Morgan (Alaska)

Corley, Jacqueline Scott (California)

Fletcher, William A. (California)

Gould, Ronald Murray (Washington)

Murguia, Mary Helen (Arizona)

Spero, Joseph C. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Dietrick, Michael Emery (California)

Martin, Christopher Alan (California)

Judge(s)

Bress, Daniel Aaron None (Alaska)

Christen, Morgan (Alaska)

Corley, Jacqueline Scott (California)

Fletcher, William A. (California)

Gould, Ronald Murray (Washington)

Murguia, Mary Helen (Arizona)

Spero, Joseph C. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Dietrick, Michael Emery (California)

Martin, Christopher Alan (California)

Attorneys(s) for Defendant

Baker, D. Cameron (California)

Documents in the Clearinghouse

Document

3:12-cv-06495

Docket [PACER]

Feb. 22, 2021

Feb. 22, 2021

Docket
1

3:12-cv-06495

Class Action Complaint and Demand for Jury Trial

Dec. 21, 2012

Dec. 21, 2012

Complaint
45-1

3:12-cv-06495

Order Granting Defendant's Motion to Dismiss the Complaint Without Prejudice

2013 WL 1915700

May 8, 2013

May 8, 2013

Order/Opinion
55

3:12-cv-06495

Second Amended Complaint, Class Action, Demand for Jury Trial

May 31, 2013

May 31, 2013

Complaint
56

3:12-cv-06495

Defendant Robin Lipetzky's Motion to Dismiss Second Amended Complaint, Memorandum in Support of Motion to Dismiss

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

June 13, 2013

June 13, 2013

Pleading / Motion / Brief
69

3:12-cv-06495

Order Granting Defendant's Motion to Dismiss the Second Amended Complaint

Farrow et al v. Lipetzky

2013 WL 4042276

Aug. 7, 2013

Aug. 7, 2013

Order/Opinion
45-1

3:12-cv-06495

Memorandum

U. S. Court of Appeals for the Ninth Circuit

637 Fed.Appx. 986

Jan. 8, 2016

Jan. 8, 2016

Order/Opinion

3:12-cv-06495

Memorandum Opinion

U. S. Court of Appeals for the Ninth Circuit

637 Fed.Appx. 986

Jan. 8, 2016

Jan. 8, 2016

Order/Opinion
91

3:12-cv-06495

Third Amended Complaint

Nov. 16, 2016

Nov. 16, 2016

Complaint
107

3:12-cv-06495

Order Regarding Motion to Dismiss Third Amended Complaint

2017 WL 1540637

April 28, 2017

April 28, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5950198/farrow-v-lipetzky/

Last updated Aug. 8, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT; Demand for Jury Trial against Robin Lipetzky (Filing fee $ 350.00, receipt number 44611009832). Filed by Jerome Wade, John Farrow. (Attachments: # 1 Civil Cover Sheet) (gba, COURT STAFF) (Filed on 12/21/2012) (Entered: 12/27/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
2

Summons Issued as to Robin Lipetzky. (gba, COURT STAFF) (Filed on 12/21/2012) (Entered: 12/27/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
3

ADR SCHEDULING ORDER: Case Management Statement due by 3/15/2013. Case Management Conference set for 3/22/2013 01:30 PM in Courtroom G, 15th Floor, San Francisco. (gba, COURT STAFF) (Filed on 12/21/2012) (Entered: 12/27/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
4

CLERKS NOTICE To Plaintiffs re: Consent or Declination. Form due by 1/18/13. (klhS, COURT STAFF) (Filed on 1/4/2013) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

PACER
5

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John Farrow.. (Martin, Christopher) (Filed on 1/29/2013) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
6

MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS) filed by Robin Lipetzky. Motion Hearing set for 3/8/2013 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Responses due by 3/22/2013. Replies due by 3/29/2013. (Baker, D.) (Filed on 1/31/2013) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
7

Declaration of D. CAMERON BAKER in Support of 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS) filed byRobin Lipetzky. (Related document(s) 6 ) (Baker, D.) (Filed on 1/31/2013) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
8

Request for Judicial Notice re 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS), 7 Declaration in Support, filed byRobin Lipetzky. (Related document(s) 6, 7 ) (Baker, D.) (Filed on 1/31/2013) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
9

Proposed Order re 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS), 7 Declaration in Support, 8 Request for Judicial Notice, ([PROPOSED] ORDER GRANTING DEFENDANT'S REQUEST FOR JUDICIAL NOTICE) by Robin Lipetzky. (Baker, D.) (Filed on 1/31/2013) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
10

Proposed Order re 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS), 9 Proposed Order, 7 Declaration in Support, 8 Request for Judicial Notice, ([PROPOSED] ORDER GRANTING DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT) by Robin Lipetzky. (Baker, D.) (Filed on 1/31/2013) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
11

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Robin Lipetzky.. (Baker, D.) (Filed on 2/1/2013) (Entered: 02/01/2013)

Feb. 1, 2013

Feb. 1, 2013

PACER
12

ERRATA re 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS), 7 Declaration in Support, 8 Request for Judicial Notice, (NOTICE OF ERRATUM IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS) by Robin Lipetzky. (Baker, D.) (Filed on 2/12/2013) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

PACER
13

Declaration of D. Cameron Baker in Support of 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS), 9 Proposed Order, 7 Declaration in Support, 12 Errata, 8 Request for Judicial Notice, 10 Proposed Order, (CORRECTED DECLARATION OF D. CAMERON BAKER IN SUPPORT OF DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS) filed byRobin Lipetzky. (Attachments: # 1 Exhibit A-E)(Related document(s) 6, 9, 7, 12, 8, 10 ) (Baker, D.) (Filed on 2/12/2013) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

PACER
14

AFFIDAVIT re 12 Errata, 13 Declaration in Support,, (PROOF OF SERVICE OF ERRATUM AND CORRECTED DECLARATION by Robin Lipetzky. (Baker, D.) (Filed on 2/12/2013) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

PACER
15

CLERKS NOTICE Continuing Motion Hearing as to 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS). Case Management Statement due by 4/5/2013. Case Management Conference previously set for 3/22/13 at 1:30 PM has been re-set for 4/12/2013 09:30 AM in Courtroom G, 15th Floor, San Francisco. Motion Hearing re-set for 4/12/2013 at 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 2/14/2013) (Entered: 02/14/2013)

Feb. 14, 2013

Feb. 14, 2013

PACER
16

REPLY (re 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS) ) filed byRobin Lipetzky. (Baker, D.) (Filed on 2/21/2013) (Entered: 02/21/2013)

Feb. 21, 2013

Feb. 21, 2013

PACER
17

CERTIFICATE OF SERVICE by Robin Lipetzky re 16 Reply to Opposition/Response RE MOTION TO DISMISS COMPLAINT (Baker, D.) (Filed on 2/21/2013) (Entered: 02/21/2013)

Feb. 21, 2013

Feb. 21, 2013

PACER
18

*** FILED IN ERROR. REFER TO DOCUMENT 21 . *** RESPONSE (re 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS) ) Plaintiffs' Memorandum in Opposition filed byJohn Farrow, Jerome Wade. (Dietrick, Michael) (Filed on 2/21/2013) Modified on 2/26/2013 (fff, COURT STAFF). (Entered: 02/21/2013)

Feb. 21, 2013

Feb. 21, 2013

PACER
19

STIPULATION WITH PROPOSED ORDER PERMITTING LATE FILING OF PLAINTIFFS' OPPOSITION TO MOTION TO DISMISS filed by Robin Lipetzky. (Attachments: # 1 Certificate/Proof of Service TO STIPULATION TO LATE FILING)(Baker, D.) (Filed on 2/22/2013) (Entered: 02/22/2013)

Feb. 22, 2013

Feb. 22, 2013

PACER
20

Order, signed 2/25/13 by Magistrate Judge Joseph C. Spero granting 19 Stipulation Permitting Late Filing of Plaintiffs' Memo in Opp to Dft's Motion to Dismiss and Dft's Reply. Opp due 2/21/13. Reply due 2/28/13.(klhS, COURT STAFF) (Filed on 2/25/2013) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

PACER

Set/Reset Deadlines as to 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS). Responses due by 2/21/2013. Replies due by 2/28/2013. (klhS, COURT STAFF) (Filed on 2/25/2013)

Feb. 25, 2013

Feb. 25, 2013

PACER
21

RESPONSE (re 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS) ) Corrected Version filed byJohn Farrow. (Martin, Christopher) (Filed on 2/25/2013) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

PACER
22

ERRATA Specifying clerical errors in document 18 by John Farrow. (Martin, Christopher) (Filed on 2/25/2013) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

PACER
23

REPLY (re 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS) ) SUPPLEMENTAL filed byRobin Lipetzky. (Baker, D.) (Filed on 2/28/2013) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
24

CASE MANAGEMENT STATEMENT JOINT filed by John Farrow, Jerome Wade. (Dietrick, Michael) (Filed on 4/5/2013) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
25

Certificate of Interested Entities by John Farrow, Jerome Wade (None to Report) (Dietrick, Michael) (Filed on 4/11/2013) (Entered: 04/11/2013)

April 11, 2013

April 11, 2013

PACER
26

Minute Entry: Initial Case Management Conference held on 4/12/2013 before Joseph C. Spero. Motion Hearing held on 4/12/2013 before Joseph C. Spero re 6 MOTION to Dismiss (DEFENDANT ROBIN LIPETZKY'S MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS) filed by Robin Lipetzky. Motion SUBMITTED. Case Management Statement due by 7/5/2013. Further Case Management Conference set for 7/12/2013 at 01:30 PM in Courtroom G, 15th Floor, San Francisco. (Court Reporter JoAnn Bryce.) (klhS, COURT STAFF) (Date Filed: 4/12/2013) (Entered: 04/12/2013)

April 12, 2013

April 12, 2013

PACER
27

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Request for Approval to File Statement of Recent Decision filed byJohn Farrow. (Martin, Christopher) (Filed on 4/15/2013) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
28

Declaration of Christopher Martin in support of Request to File Statement of Recent Decision filed byJohn Farrow. (Martin, Christopher) (Filed on 4/15/2013) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
29

Proposed Order regarding permission to file Statement of Recent Decision by John Farrow. (Martin, Christopher) (Filed on 4/15/2013) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
30

OBJECTIONS to re 27 Statement of Recent Decision OPPOSITION TO REQUEST FOR APPROVAL TO SUBMIT A STATEMENT OF RECENT DECISION by Robin Lipetzky. (Baker, D.) (Filed on 4/15/2013) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
31

CASE MANAGEMENT AND PRETRIAL ORDER: Case Management Statement due by 7/5/2013. Further Case Management Conference set for 7/12/2013 01:30 PM in Courtroom G, 15th Floor, San Francisco.. Signed by Judge Joseph C. Spero on 4/16/13. (klhS, COURT STAFF) (Filed on 4/16/2013) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
32

ORDER RE: REQUEST FOR PERMISSION TO FILE STATEMENT OF RECENT DECISION. Signed by Judge Joseph C. Spero on 4/16/13. (klhS, COURT STAFF) (Filed on 4/16/2013) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

RECAP
33

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byJohn Farrow. (Martin, Christopher) (Filed on 4/16/2013) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
34

EXHIBITS Exhibit A filed byJohn Farrow. (Martin, Christopher) (Filed on 4/16/2013) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
35

EXHIBITS re 34 Exhibits, 33 Statement of Recent Decision Exhibit B filed byJohn Farrow. (Related document(s) 34, 33 ) (Martin, Christopher) (Filed on 4/16/2013) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
36

TRANSCRIPT ORDER by Robin Lipetzky for Court Reporter Jo Ann Bryce. (Baker, D.) (Filed on 4/18/2013) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

PACER
37

Letter from Defendant Robin Lipetzky re Extension to Submit A Joint Letter Regarding The ADR Process . (Baker, D.) (Filed on 4/19/2013) (Entered: 04/19/2013)

April 19, 2013

April 19, 2013

PACER
38

Ex Parte Application for Leave to File Response to Plaintiffs' Statement of Recent Decision filed by Robin Lipetzky. (Attachments: # 1 Exhibit Exhibit A to Ex Parte Application)(Baker, D.) (Filed on 4/19/2013) (Entered: 04/19/2013)

April 19, 2013

April 19, 2013

PACER
39

Proposed Order re 38 Ex Parte Application for Leave to File Response to Plaintiffs' Statement of Recent Decision by Robin Lipetzky. (Baker, D.) (Filed on 4/19/2013) (Entered: 04/19/2013)

April 19, 2013

April 19, 2013

PACER
40

ORDER GRANTING re 37 Letter filed by Robin Lipetzky for an extension of one week to submit joint letter on ADR process. Signed by Judge Joseph C. Spero on 4/22/13. (klhS, COURT STAFF) (Filed on 4/22/2013) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

RECAP
41

Order, signed 4/22/13, by Magistrate Judge Joseph C. Spero granting 38 Ex Parte Application for Dft Robin Lipetzky to File a Response to Plaintiffs' Statement of Recent Decision. Response due 4/26/13.(klhS, COURT STAFF) (Filed on 4/22/2013) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

PACER
42

Letter from D. Cameron Baker Re: Settlement Conference Scheduling request before Magistrate Judge Corely. (Baker, D.) (Filed on 4/23/2013) (Entered: 04/23/2013)

April 23, 2013

April 23, 2013

PACER
43

RESPONSE to re 34 Exhibits, 35 Exhibits, 33 Statement of Recent Decision of Plaintiffs by Robin Lipetzky. (Baker, D.) (Filed on 4/26/2013) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

PACER
44

ORDER REFERRING CASE to Magistrate Judge Jacqueline S. Corley for Settlement. Signed by Judge Joseph C.Spero on 4/29/13. (klhS, COURT STAFF) (Filed on 4/29/2013) (Entered: 04/29/2013)

April 29, 2013

April 29, 2013

PACER

CASE REFERRED to Magistrate Judge Jacqueline Scott Corley for Settlement (ahm, COURT STAFF) (Filed on 4/30/2013)

April 30, 2013

April 30, 2013

PACER
45

Minute Entry: Telephone Conference held on May 7, 2013 before Magistrate Judge Jacqueline Scott Corey (Date Filed: 5/7/2013). (Court Reporter: Not Reported) (ahm, COURT STAFF) (Date Filed: 5/7/2013) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER

Set/Reset Hearing: Settlement Conference set for 5/24/2013 09:30 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 5/7/2013)

May 7, 2013

May 7, 2013

PACER
46

Transcript of Proceedings held on 4/12/13, before Judge Joseph C. Spero. Court Reporter Jo Ann Bryce, Telephone number 510-910-5888, email joann_bryce@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction after 90 days. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 8/5/2013. (Related documents(s) 36 ) (Bryce, Joann) (Filed on 5/7/2013) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
47

ORDER by Judge Joseph C. Spero granting 6 Motion to Dismiss; dismissing complaint with leave to amend. (jcslc3, COURT STAFF) (Filed on 5/8/2013) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

RECAP
48

FIRST AMENDED COMPLAINT by John Farrow and Jerome Wade against Robin Lipetzky. Filed byJohn Farrow. (Martin, Christopher) (Filed on 5/13/2013) Modified on 5/15/2013 (gbaS, COURT STAFF). (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
49

FIRST AMENDED COMPLAINT Revised title to reflect amendment against Robin Lipetzky. Filed by John Farrow. (Martin, Christopher) (Filed on 5/14/2013) Modified on 5/15/2013 (gbaS, COURT STAFF). (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

PACER
50

ERRATA re 48 Amended Complaint, 49 Amended Complaint Changes title to FAC only by John Farrow. (Martin, Christopher) (Filed on 5/14/2013) (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

PACER
51

Minute Entry: Settlement Conference held on May 24, 2013 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 5/24/2013). Case did not settle. (Court Reporter: Not Reported) (ahm, COURT STAFF) (Date Filed: 5/24/2013) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
52

AMENDED COMPLAINT Second Amended Complaint against Robin Lipetzky. Filed byJohn Farrow. (Martin, Christopher) (Filed on 5/27/2013) (Entered: 05/27/2013)

May 27, 2013

May 27, 2013

PACER
53

STIPULATION WITH PROPOSED ORDER RE LEAVE TO FILE SECOND AMENDED COMPLAINT filed by Robin Lipetzky. (Attachments: # 1 Exhibit A)(Baker, D.) (Filed on 5/28/2013) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
54

Order, signed 5/29/13, by Magistrate Judge Joseph C. Spero granting 53 Stipulation For Leave to File Second Amended Complaint.(klhS, COURT STAFF) (Filed on 5/29/2013) (Entered: 05/29/2013)

May 29, 2013

May 29, 2013

PACER
55

CORRECTED SECOND AMENDED COMPLAINT Corrects numbering issue and two typos in earlier SAC against All Defendants. Filed by John Farrow. (Martin, Christopher) (Filed on 5/31/2013) Modified on 6/19/2013 (gbaS, COURT STAFF). (Entered: 05/31/2013)

May 31, 2013

May 31, 2013

PACER
56

MOTION to Dismiss Second Amended Complaint filed by Robin Lipetzky. Motion Hearing set for 7/26/2013 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Responses due by 6/27/2013. Replies due by 7/5/2013. (Baker, D.) (Filed on 6/13/2013) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
57

Proposed Order re 56 MOTION to Dismiss Second Amended Complaint by Robin Lipetzky. (Baker, D.) (Filed on 6/13/2013) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
58

CLERKS NOTICE Continuing Motion Hearing as to 56 MOTION to Dismiss Second Amended Complaint. Motion Hearing previously set for 7/26/13 at 9:30 AM, has been re-set for 7/26/2013 at 01:30 PM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. This is a text only entry. There is no document associated with this Notice .(klhS, COURT STAFF) (Filed on 6/24/2013) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
59

STIPULATION WITH PROPOSED ORDER JOINT REQUEST TO CONTINUE JULY 12, 2013 CASE MANAGEMENT CONFERENCE filed by Robin Lipetzky. (Baker, D.) (Filed on 6/24/2013) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
60

Order, signed 6/25/13, by Magistrate Judge Joseph C. Spero granting 59 Stipulation to Continue 7/12/13 case management conference. Case management conference re-scheduled to 7/26/13 at 1:30 PM (klhS, COURT STAFF) (Filed on 6/25/2013) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

PACER

Set Deadlines/Hearings: Case Management Statement due by 7/19/2013. Further Case Management Conference set for 7/26/2013 01:30 PM in Courtroom G, 15th Floor, San Francisco. (klhS, COURT STAFF) (Filed on 6/25/2013)

June 25, 2013

June 25, 2013

PACER
61

RESPONSE (re 56 MOTION to Dismiss Second Amended Complaint ) filed byJohn Farrow. (Martin, Christopher) (Filed on 6/26/2013) (Entered: 06/26/2013)

June 26, 2013

June 26, 2013

PACER
62

STIPULATION WITH PROPOSED ORDER TO EXTEND DEADLINE FOR DEFENDANT TO FILE ITS REPLY TO ITS MOTION TO DISMISS SECOND AMENDED COMPLAINT filed by Robin Lipetzky. (Baker, D.) (Filed on 7/1/2013) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
63

Order, signed 7/2/13, by Magistrate Judge Joseph C. Spero granting 62 Stipulation To Extend Deadline for Defendant to File Its Reply to Its Motion to Dismiss Second Amended Complaint from 7/5/13 to 7/8/13.(klhS, COURT STAFF) (Filed on 7/2/2013) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER

Set/Reset Deadlines as to 56 MOTION to Dismiss Second Amended Complaint. Replies due by 7/8/2013. (klhS, COURT STAFF) (Filed on 7/2/2013)

July 2, 2013

July 2, 2013

PACER
64

REPLY (re 56 MOTION to Dismiss Second Amended Complaint ) filed byRobin Lipetzky. (Baker, D.) (Filed on 7/8/2013) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER
65

JOINT CASE MANAGEMENT STATEMENT Update filed by John Farrow, Jerome Wade. (Dietrick, Michael) (Filed on 7/18/2013) (Entered: 07/18/2013)

July 18, 2013

July 18, 2013

PACER
66

Minute Entry: Motion Hearing held on 7/26/2013 before Joseph C. Spero re 56 MOTION to Dismiss Second Amended Complaint filed by Robin Lipetzky, Further Case Management Conference NOT held on 7/26/2013 before Joseph C. Spero. Motion submitted. Simultaneous briefs due 8/2/13. (Recording #FTR 1:33-1:48 (15 M).) (klhS, COURT STAFF) (Date Filed: 7/26/2013) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
67

Supplemental Brief re 66 Motion Hearing, Case Management Conference - Further,, 64 Reply to Opposition/Response, 56 MOTION to Dismiss Second Amended Complaint filed byRobin Lipetzky. (Related document(s) 66, 64, 56 ) (Baker, D.) (Filed on 8/2/2013) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
68

RESPONSE (re 56 MOTION to Dismiss Second Amended Complaint ) Supplemental Brief re: Lopez-Valenzuela v. Maricopa County filed byJohn Farrow. (Martin, Christopher) (Filed on 8/2/2013) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
69

ORDER by Judge Joseph C. Spero granting 56 Motion to Dismiss. (jcslc3, COURT STAFF) (Filed on 8/7/2013) (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

RECAP
70

ORDER directing Clerk to close file. Signed by Judge Joseph C. Spero on August 30, 2013. (jcslc3, COURT STAFF) (Filed on 8/30/2013) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

RECAP
71

***ERRONEOUS ENTRY, PLEASE SEE DOCUMENT NUMBER 73*** NOTICE OF APPEAL to the Federal Circuit by John Farrow. Filing fee $ 455, receipt number 0971-7971251. Appeal Record due by 10/3/2013. (Martin, Christopher) (Filed on 9/3/2013) Modified on 9/4/2013 (gbaS, COURT STAFF). (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
73

NOTICE OF APPEAL to the Ninth Circuit Court of Appeals John Farrow, Jerome Wade. Appeal of Order 70, Order on Motion to Dismiss 69 . Filing fee $ 455, receipt number 0971-7971251. (gbaS, COURT STAFF) (Filed on 9/3/2013) (Entered: 09/04/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
72

Proposed Order [PROPOSED] JUDGMENT by Robin Lipetzky. (Baker, D.) (Filed on 9/4/2013) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

PACER
74

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 73 Notice of Appeal. (Attachments: # 1 Notice of Appeal Notification Form) (gbaS, COURT STAFF) (Filed on 9/4/2013) (Additional attachment(s) added on 9/4/2013: # 2 Docket Sheet) (gbaS, COURT STAFF). (Entered: 09/04/2013)

1 Notice of Appeal Notification Form

View on PACER

2 Docket Sheet

View on PACER

Sept. 4, 2013

Sept. 4, 2013

PACER
75

CLERK'S JUDGMENT in favor of Robin Lipetzky against Jerome Wade, John Farrow (klhS, COURT STAFF) (Filed on 9/9/2013) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

PACER
76

** CORRECTION: This transcript order for hearing 4/12/13 is cancelled - transcript filed at #46 and is unlocked ** Transcript Designation Form for proceedings held on 4/12/2013 before Judge Joseph C. Spero, re 73 Notice of Appeal, 74 Transmission of Notice of Appeal and Docket Sheet to USCA, Transcript due by 9/17/2013. (Martin, Christopher) (Filed on 9/9/2013) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

PACER
77

CORRECTION - This is a Transcript Order for 7/26/13 hearing before Judge Spero, not a Transcript Designation form. Transcript Designation Form for proceedings held on 7/26/2013 before Judge Joseph C. Spero, re 73 Notice of Appeal, 74 Transmission of Notice of Appeal and Docket Sheet to USCA, Transcript due by 9/17/2013. (Martin, Christopher) (Filed on 9/9/2013) Modified on 9/12/2013 (djc, COURT STAFF). (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

PACER
78

USCA Case Number 13-16781 for 73 Notice of Appeal filed by John Farrow, Jerome Wade. (gbaS, COURT STAFF) (Filed on 9/10/2013) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER
79

Transcript Designation Form for proceedings held on 4/12/2013; 7/26/2013 before Judge Joseph C. Spero, re 78 USCA Case Number, 73 Notice of Appeal Transcript due by 10/3/2013. (Martin, Christopher) (Filed on 9/11/2013) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER
80

Transcript of Proceedings of Official Electronic Sound Recording held on 7-26-13, before Judge Joseph C. Spero. Court Reporter/Transcriber Katherine Wyatt, transcriber, Telephone number 925-212-5224. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 12/16/2013. (Related documents(s) 36 ) (kpw, COURT STAFF) (Filed on 9/16/2013) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

PACER
81

USCA Memorandum as to 73 Notice of Appeal filed by John Farrow, Jerome Wade. (gbaS, COURT STAFF) (Filed on 1/13/2016) (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
82

ORDER of USCA as to 73 Notice of Appeal filed by John Farrow, Jerome Wade. (gbaS, COURT STAFF) (Filed on 1/13/2016) (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
83

ORDER of USCA as to 73 Notice of Appeal filed by John Farrow, Jerome Wade (gbaS, COURT STAFF) (Filed on 2/24/2016) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
84

MANDATE of USCA as to 73 Notice of Appeal filed by John Farrow, Jerome Wade. (gbaS, COURT STAFF) (Filed on 10/4/2016) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER
85

CLERK'S Letter Spreading Mandate to Counsel. (gbaS, COURT STAFF) (Filed on 10/4/2016) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER
86

CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Status Conference set for 11/4/2016 at 02:00 PM in Courtroom G, 15th Floor, San Francisco before Chief Magistrate Judge Joseph C. Spero. Any party requesting a continuance shall e-file a stipulation and proposed order. (klhS, COURT STAFF) (Filed on 10/6/2016) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER
87

JOINT CASE MANAGEMENT STATEMENT filed by John Farrow, Jerome Wade. (Martin, Christopher) (Filed on 10/28/2016) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
88

Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Status Conference held on 11/4/2016. Case Management Statement due by 1/27/2017. Motion to Dismiss due by 11/18/2016. Motion for Class certification shall be filed no later than 6/1/17. Further Case Management Conference set for 2/3/2017 02:00 PM.FTR Time Not Reported. (klhS, COURT STAFF) (Date Filed: 11/8/2016) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
89

STIPULATION WITH PROPOSED ORDER re 55 Amended Complaint filed by John Farrow, Jerome Wade. (Martin, Christopher) (Filed on 11/14/2016) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
90

Order, signed as modified on 11/15/16, by Chief Magistrate Judge Joseph C. Spero granting 89 Stipulation to File Third Amended Complaint. Submitting party shall efile the Third Amended Complaint as a separate docket entry by 11/18/16. Amended complaint due by 11/18/2016.(klhS, COURT STAFF) (Filed on 11/15/2016) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
91

AMENDED COMPLAINT Third Amended Complaint against Robin Lipetzky. Filed byJerome Wade, John Farrow. (Martin, Christopher) (Filed on 11/16/2016) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
92

*** DISREGARD - HEARING NOT REPORTED/RECORDED *** TRANSCRIPT ORDER for proceedings held on 11/04/2016 before Magistrate Judge Joseph C. Spero by John Farrow, Jerome Wade, for Court Reporter FTR - San Francisco. (Martin, Christopher) (Filed on 11/16/2016) Modified on 11/16/2016 (rjdS, COURT STAFF). (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
93

MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Robin Lipetzky. Motion Hearing set for 1/13/2017 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Responses due by 12/2/2016. Replies due by 12/9/2016. (Attachments: # 1 Proposed Order)(Baker, D.) (Filed on 11/18/2016) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
94

Request for Judicial Notice re 93 MOTION to Dismiss Plaintiffs' Third Amended Complaint filed byRobin Lipetzky. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Related document(s) 93 ) (Baker, D.) (Filed on 11/18/2016) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
95

CASE MANAGEMENT AND PRETRIAL ORDER: Case Management Statement due by 1/27/2017. Motion for Class Certification shall be filed no later than 6/1/17. Further Case Management Conference set for 2/3/2017 02:00 PM Signed by Chief Magistrate Judge Joseph C. Spero on 11/28/16. (klhS, COURT STAFF) (Filed on 11/28/2016) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER

Case Details

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 12, 2012

Closing Date: Feb. 22, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Indigent criminal defendants who, upon invoking their right to counsel, were forced to continue their cases and remain in custody for five or more days because of a policy of the Public Defender of Contra Costa County. The plaintiffs sought to represent a class of indigent criminal defendants who had received inadequate representation from the Public Defender.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Contra Costa County, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Quality of representation

Timeliness of case assignment