Case: Hernandez v. County of Monterey

5:13-cv-02354 | U.S. District Court for the Northern District of California

Filed Date: March 23, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 23, 2013, prisoners and recently released prisoners from Monterey County Jail filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued the County of Monterey and the California Forensic Medical Group (CFMG) under 42 U.S.C. § 1983 and state law. The plaintiffs, represented by attorneys from the American Civil Liberties Union (ACLU) of Northern California, the ACLU National Prison Project, the Monterey Public Defender, and private attorneys…

On May 23, 2013, prisoners and recently released prisoners from Monterey County Jail filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued the County of Monterey and the California Forensic Medical Group (CFMG) under 42 U.S.C. § 1983 and state law. The plaintiffs, represented by attorneys from the American Civil Liberties Union (ACLU) of Northern California, the ACLU National Prison Project, the Monterey Public Defender, and private attorneys, asked for declaratory and injunctive relief. Specifically, the plaintiffs claimed that the conditions in the Monterey County Jail (the "Jail") violated federal and state law due to failures to protect prisoners from violence, provide adequate medical and mental health care, and provide reasonable accommodations to prisoners with disabilities.

On April 25, 2015, the County and Sheriff's Office filed a motion to dismiss, and the CFMG filed a motion to dismiss on May 2, 2014. The District Court (Magistrate Judge Paul Singh Grewal) denied both motions on September 29, 2014. 2014 WL 4843945 (N.D. Cal. 2014). First, the Court found that the plaintiffs had standing even if they were no longer incarcerated, due to the short average length of stay of prisoners in the putative class and the slow speed of legal action. Second, the Court addressed the issue of whether a private provider of jail medical facilities are "services" that can face scrutiny under Title III of the Americans with Disabilities Act (ADA). The Court found that the plaintiffs sufficiently pleaded that CFMG was subject to Title III of the ADA because it operates a "professional office of a health care provider, hospital, or other service establishment" within the jail. The Court further explained that, although the "place" of a jail fell under Title II of the ADA as a public entity, courts had consistently found that Title III applied to "places of public accommodation" within places that normally don't fit under Title III either because they are owned by or operated for other purposes by a public entity.

On April 29, 2014, the plaintiffs filed a motion seeking certification of a prisoner class consisting of all current and future prisoners in the jail, and a subclass of prisoners with disabilities, consisting of all current and future prisoners who have a qualifying disability. Then, on August 26, 2014, the plaintiffs filed a motion for preliminary injunction, requesting that the Court order defendants to fix six of the conditions at the Jail that placed the plaintiffs and class members at risk of serious injury and death.

On January 29, 2015, Magistrate Judge Grewal certified the class. 2015 WL 399975 (N.D. Cal. 2015). Then on April 14, 2015, Magistrate Judge Grewal also granted the plaintiff's motion for a preliminary injunction.

On May 11, 2015, the parties settled the case. The jail agreed to set new standards for the medical and mental health care provided to inmates and to expand accessibility for prisoners with disabilities. The parties agreed to retain experts as neutral monitors for a limited term of oversight. The parties planned for the jail to come into compliance with the Settlement Agreement within five years, unless they moved for an extension. The court was to retain jurisdiction over the settlement for this five year period.

On August 18, 2015, Magistrate Judge Grewal approved the settlement. Litigation continued over attorneys' fees as the settlement agreement only set upper limits for attorneys' fees of $4.8 million. On November 6, the parties stipulated to an agreement of how they would address the issue of interest on attorneys' fees.

The parties then litigated the implementation plan. After briefing and hearings, the court approved an implementation plan on May 27, 2016.

On June 6, 2016, the case was reassigned to Judge Beth Labson Freeman.

In 2017 and 2018, there was some litigation over compliance issues. On March 19, 2018, the plaintiffs proposed an order regarding the use of telepsychiatry by the defendants, as per the settlement agreement. The court had instructed the parties that the defendants needed to have standards for when they could deviate from the typical in-person encounter and instead use “telemedicine or telepsychiatry.” After counsel met and decided on these issues, plaintiffs’ proposed order was signed and ordered by the judge on March 22, 2018. (ECF 632). Over the following months, parties handled various settlement agreement enforcement issues, such as attorneys fees and costs, the production of medical records, and neutral monitors. The docket remains active with these issues as of March 6, 2020.

Summary Authors

Samantha Kirby (10/5/2014)

Jessica Kincaid (10/15/2015)

Virginia Weeks (3/24/2018)

Christiana Johnson (3/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4180082/parties/hernandez-v-county-of-monterey/


Judge(s)

Cousins, Nathanael M. (California)

Freeman, Beth Labson (California)

Grewal, Paul Singh (California)

Attorneys(s) for Plaintiff

Alexander, Sarah Pascal (California)

Balaban, Eric G. (District of Columbia)

Bien, Michael W. (California)

Brereton, Anne Kristen (California)

Cooppan, Sumana (California)

Davis, Micaela (California)

Egar, James (California)

Judge(s)

Cousins, Nathanael M. (California)

Freeman, Beth Labson (California)

Grewal, Paul Singh (California)

Attorneys(s) for Plaintiff

Alexander, Sarah Pascal (California)

Balaban, Eric G. (District of Columbia)

Bien, Michael W. (California)

Brereton, Anne Kristen (California)

Cooppan, Sumana (California)

Davis, Micaela (California)

Egar, James (California)

Freedman, Michael Louis (California)

Galvan, Ernest (California)

Grunfeld, Gay Crosthwait (California)

Guneratne, Kathleen (California)

Landis, Donald Earl (California)

Schlosser, Alan Lawrence (California)

Spore, Andrew Glenn (California)

Stone-Manista, Krista Michelle (California)

Swearingen, Richard Van (California)

Takei, Carl (District of Columbia)

Trapani, Cara Elizabeth (California)

Attorneys(s) for Defendant

Bertling, Peter George (California)

Blitch, Susan K. (California)

Hapte, Mary Leeann (California)

Holmes, Janet L. (California)

McKee, Charles J (California)

Philippi, Michael Rudolph (California)

Phillippi, Michael Rudolph (California)

Saunders, Jemma Allison Parker (California)

Singer, Paul David (California)

Other Attorney(s)

Panuco, Cindy (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Hernandez v. Monterey

March 17, 2020 Docket
1

Civil Class Action Complaint [For Declaratory and Injunctive Relief]

May 23, 2013 Complaint
25

Stipulation and [Proposed] Order

Jan. 14, 2014 Pleading / Motion / Brief
41

Second Amended Civil Class Action Complaint [For Declaratory And Injunctive Relief]

April 11, 2014 Complaint
44

NOTICE OF MOTION AND MOTION OF DEFENDANTS COUNTY OF MONTEREY AND MONTEREY COUNTY SHERIFF’S OFFICE TO DISMISS PLAINTIFFS, ROBERT YANCEY, RICHARD MURPHY, DENNIS GUYOT, GLENDA HUNTER, MARTHA GOMEZ, WESLEY MILLER, JEFFREY NICHOLS, SARAB SARABI, and ALBER

April 25, 2014 Complaint
59

DEFENDANT CALIFORNIA FORENSIC MEDICAL GROUP, INC.’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS’ SECOND AMENDED COMPLAINT

May 2, 2014 Pleading / Motion / Brief
128

Order Denying Defendants' Motions to Dismiss

70 F.Supp.3d 963, 2014 WL 4843945

Sept. 29, 2014 Order/Opinion
431

Order Granting Motion to Certify Class and Denying Motion to Strike

Hernandez v. Monterey

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

305 F.R.D. 132, 2015 WL 399975

Jan. 29, 2015 Order/Opinion
460

Order Granting Motion for Preliminary Injunction

110 F.Supp.3d 929

April 14, 2015 Order/Opinion
483-2

Settlement Agreement

May 11, 2015 Settlement Agreement

Resources

Title Description External URL

From Mass Incarceration to Mass Control, and Back Again: How Bipartisan Criminal Justice Reform May Lead to a for-Profit Nightmare

Carl Takei

Since 2010, advocates on the right and left have increasingly allied to denounce mass incarceration and propose serious reductions in the use of prisons. This alliance serves useful shared purposes, … Jan. 1, 2017 https://scholarship.law.upenn.edu/jlasc/vol20/iss2/3/

Caged in: The Devastating Harms of Solitary Confinement on Prisoners with Physical Disabilities,

Jamelia N. Morgan

This report draws from interviews with currently and formerly incarcerated people with disabilities, disability rights advocates, prisoner rights’ advocates, medical experts, legal scholars, and corr… Jan. 1, 2017 https://www.aclu.org/report/caged-devastating-harms-solitary-confinement-prisoners-physical-disabilities

Parties Announce Preliminary Comprehensive Settlement in Federal Class Action Lawsuit Over Conditions at Monterey County Jail

ACLU

ACLU's press release concerning the final settlement in Hernandez v. County of Monterey. https://www.aclu.org/press-releases/parties-announce-preliminary-comprehensive-settlement-federal-class-action-lawsuit

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4180082/hernandez-v-county-of-monterey/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (summons issued) against California Forensic Medical Group, County of Monterey, Monterey County Sheriff's Office ( Filing fee $ 400, receipt number 34611086344.). Filed byRichard Murphy, Sarab Sarabi, Glenda Hunter, Jesse Hernandez, Robert Yancy. (cv, COURT STAFF) (Filed on 5/23/2013) (cv, COURT STAFF). (Entered: 05/28/2013)

May 23, 2013 Clearinghouse
2

Summons Issued as to California Forensic Medical Group, County of Monterey, Monterey County Sheriff's Office. (cv, COURT STAFF) (Filed on 5/23/2013) (Entered: 05/28/2013)

May 23, 2013 PACER
3

ADR SCHEDULING ORDER: Case Management Statement due by 8/20/2013. Case Management Conference set for 8/27/2013 10:00 AM in Courtroom 5, 4th Floor, San Jose. (Attachments: # 1 Standing Order, # 2 Standing Order, # 3 Standing Order, # 4 Standing Order)(cv, COURT STAFF) (Filed on 5/23/2013) (Entered: 05/28/2013)

1 Standing Order

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2 Standing Order

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3 Standing Order

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4 Standing Order

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May 23, 2013 PACER
4

CLERKS NOTICE re: Failure to E-File and/or Failure to Register as an E-Filer (cv, COURT STAFF) (Filed on 6/4/2013) (Entered: 06/04/2013)

June 4, 2013 PACER
5

NOTICE of Appearance by James Samuel Egar (Egar, James) (Filed on 6/6/2013) (Entered: 06/06/2013)

June 6, 2013 PACER
6

NOTICE of Appearance by Michael William Bien, Michael Freedman, and Krista Stone-Manista (Bien, Michael) (Filed on 6/6/2013) (Entered: 06/06/2013)

June 6, 2013 PACER
7

NOTICE of Change In Counsel by Gay Crosthwait Grunfeld (Grunfeld, Gay) (Filed on 6/6/2013) (Entered: 06/06/2013)

June 6, 2013 PACER
8

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jesse Hernandez, Glenda Hunter, Richard Murphy, Sarab Sarabi, Robert Yancy.. (Grunfeld, Gay) (Filed on 6/6/2013) (Entered: 06/06/2013)

June 6, 2013 PACER
9

STIPULATION WITH PROPOSED ORDER filed by Jesse Hernandez. (Grunfeld, Gay) (Filed on 7/26/2013) (Entered: 07/26/2013)

July 26, 2013 PACER
10

CERTIFICATE OF SERVICE by Jesse Hernandez re 9 STIPULATION WITH PROPOSED ORDER (Grunfeld, Gay) (Filed on 7/26/2013) (Entered: 07/26/2013)

July 26, 2013 PACER
11

ORDER GRANTING 9 STIPULATION entered by Magistrate Judge Paul Singh Grewal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 07/29/2013)

July 29, 2013 PACER
12

CERTIFICATE OF SERVICE by Jesse Hernandez CIVIL DOCKET TEXT RE ORDER GRANTING STIPULATION (Grunfeld, Gay) (Filed on 7/31/2013) (Entered: 07/31/2013)

July 31, 2013 PACER
13

STIPULATION WITH PROPOSED ORDER Protective Order filed by Jesse Hernandez. (Grunfeld, Gay) (Filed on 10/8/2013) (Entered: 10/08/2013)

Oct. 8, 2013 PACER
14

CERTIFICATE OF SERVICE by Jesse Hernandez re 13 STIPULATION WITH PROPOSED ORDER Protective Order (Grunfeld, Gay) (Filed on 10/8/2013) (Entered: 10/08/2013)

Oct. 8, 2013 PACER
15

ORDER ENTERING STIPULATED PROTECTIVE ORDER by Judge Paul S. Grewal granting 13 Stipulation (psglc3, COURT STAFF) (Filed on 10/9/2013) (Entered: 10/09/2013)

Oct. 9, 2013 PACER
16

AMENDED COMPLAINT against All Defendants. Filed byRichard Murphy, Sarab Sarabi, Glenda Hunter, Jesse Hernandez, Robert Yancey, Cynthia Aguilar, Dennis Guyot, Albert Key, Ha Cobb, Jeff Nichols, George Greim, Wesley Miller. (Attachments: # 1 Exhibit A, Part 1 of 3, # 2 Exhibit A, Part 2 of 3, # 3 Exhibit A, Part 3 of 3, # 4 Exhibit B)(Grunfeld, Gay) (Filed on 10/31/2013) (Entered: 10/31/2013)

1 Exhibit A, Part 1 of 3

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2 Exhibit A, Part 2 of 3

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3 Exhibit A, Part 3 of 3

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4 Exhibit B

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Oct. 31, 2013 PACER
17

MOTION for leave to appear in Pro Hac Vice for Carl Takei ( Filing fee $ 305, receipt number 0971-8125794.) filed by Cynthia Aguilar, Ha Cobb, George Greim, Dennis Guyot, Jesse Hernandez, Glenda Hunter, Albert Key, Wesley Miller, Richard Murphy, Jeff Nichols, Sarab Sarabi, Robert Yancey. (Grunfeld, Gay) (Filed on 10/31/2013) (Entered: 10/31/2013)

Oct. 31, 2013 PACER
18

MOTION for leave to appear in Pro Hac Vice for Eric Balaban ( Filing fee $ 305, receipt number 0971-8125804.) filed by Cynthia Aguilar, Ha Cobb, George Greim, Dennis Guyot, Jesse Hernandez, Glenda Hunter, Albert Key, Wesley Miller, Richard Murphy, Jeff Nichols, Sarab Sarabi, Robert Yancey. (Grunfeld, Gay) (Filed on 10/31/2013) (Entered: 10/31/2013)

Oct. 31, 2013 PACER
19

ORDER GRANTING LEAVE TO APPEAR PRO HAC VICE by Judge Paul S. Grewal granting 17 Motion for Pro Hac Vice; granting 18 Motion for Pro Hac Vice (psglc3S, COURT STAFF) (Filed on 11/1/2013) (Entered: 11/01/2013)

Nov. 1, 2013 PACER
20

CERTIFICATE OF SERVICE by Cynthia Aguilar, Ha Cobb, George Greim, Dennis Guyot, Jesse Hernandez, Glenda Hunter, Albert Key, Wesley Miller, Richard Murphy, Jeff Nichols, Sarab Sarabi, Robert Yancey of First Amended Complaint and Related Documents (Grunfeld, Gay) (Filed on 11/1/2013) (Entered: 11/01/2013)

Nov. 1, 2013 PACER
21

NOTICE of Appearance by Micaela Davis, Alan L. Schlosser and Lillian C. Chen of the ACLU Foundation of Northern California (Davis, Micaela) (Filed on 11/8/2013) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
22

*** POSTED IN ERROR *** please see 23 WAIVER OF SERVICE Returned Executed filed by Richard Murphy, Cynthia Aguilar, Ha Cobb, Sarab Sarabi, George Greim, Jeff Nichols, Glenda Hunter, Jesse Hernandez, Albert Key, Dennis Guyot, Wesley Miller, Robert Yancey. Service waived by California Forensic Medical Group waiver sent on 10/31/2013, answer due 12/30/2013; County of Monterey waiver sent on 10/31/2013, answer due 12/30/2013. (Freedman, Michael) (Filed on 12/3/2013) Modified on 12/27/2013 (cv, COURT STAFF). (Entered: 12/03/2013)

Dec. 3, 2013 PACER
23

WAIVER OF SERVICE Returned Executed filed by Richard Murphy, Cynthia Aguilar, Ha Cobb, Sarab Sarabi, George Greim, Jeff Nichols, Glenda Hunter, Jesse Hernandez, Albert Key, Dennis Guyot, Wesley Miller, Robert Yancey. Service waived by Monterey County Sheriff's Office waiver sent on 10/31/2013, answer due 12/30/2013. Service waived by County of Monterey waiver sent on 10/31/2013, answer due 12/30/2013. CORRECTION OF DOCKET # 22 (Freedman, Michael) (Filed on 12/3/2013) (Entered: 12/03/2013)

Dec. 3, 2013 PACER
24

WAIVER OF SERVICE Returned Executed filed by Richard Murphy, Cynthia Aguilar, Ha Cobb, Sarab Sarabi, George Greim, Jeff Nichols, Glenda Hunter, Jesse Hernandez, Albert Key, Dennis Guyot, Wesley Miller, Robert Yancey. Service waived California Forensic Medical Group waiver sent on 10/31/2013, answer due 12/30/2013 (Freedman, Michael) (Filed on 12/3/2013) (Entered: 12/03/2013)

Dec. 3, 2013 PACER
25

STIPULATION WITH PROPOSED ORDER filed by Cynthia Aguilar, Ha Cobb, George Greim, Dennis Guyot, Jesse Hernandez, Glenda Hunter, Albert Key, Wesley Miller, Richard Murphy, Jeff Nichols, Sarab Sarabi, Robert Yancey. (Grunfeld, Gay) (Filed on 1/15/2014) (Entered: 01/15/2014)

Jan. 15, 2014 Clearinghouse
26

ORDER GRANTING STAY UNTIL FEBRUARY 17, 2014 by Magistrate Judge Paul Singh Grewal granting 25 Stipulation.(psglc3S, COURT STAFF) (Filed on 1/16/2014) (Entered: 01/16/2014)

Jan. 16, 2014 PACER
27

STATUS REPORT AND REQUEST TO SET DEADLINES by Cynthia Aguilar, Ha Cobb, George Greim, Dennis Guyot, Jesse Hernandez, Glenda Hunter, Albert Key, Wesley Miller, Richard Murphy, Jeff Nichols, Sarab Sarabi, Robert Yancey. (Grunfeld, Gay) (Filed on 2/28/2014) (Entered: 02/28/2014)

Feb. 28, 2014 PACER
28

STIPULATION WITH PROPOSED ORDER filed by Cynthia Aguilar, Ha Cobb, George Greim, Dennis Guyot, Jesse Hernandez, Glenda Hunter, Albert Key, Wesley Miller, Richard Murphy, Jeff Nichols, Sarab Sarabi, Robert Yancey. (Grunfeld, Gay) (Filed on 3/14/2014) (Entered: 03/14/2014)

March 14, 2014 PACER
29

CERTIFICATE OF SERVICE by Cynthia Aguilar, Ha Cobb, George Greim, Dennis Guyot, Jesse Hernandez, Glenda Hunter, Albert Key, Wesley Miller, Richard Murphy, Jeff Nichols, Sarab Sarabi, Robert Yancey re 28 STIPULATION WITH PROPOSED ORDER (Grunfeld, Gay) (Filed on 3/14/2014) (Entered: 03/14/2014)

March 14, 2014 PACER
30

ORDER GRANTING 28 STIPULATION entered by Magistrate Judge Paul Singh Grewal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 03/17/2014)

March 17, 2014 PACER
31

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE: Case Management Conference set for 4/8/2014 at 10:00 AM in Courtroom 5, 4th Floor, San Jose. Case Management Statement due by 4/1/2014. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 3/17/2014) (Entered: 03/17/2014)

March 17, 2014 PACER
32

NOTICE of Appearance by Susan K. Blitch (Attachments: # 1 Certificate/Proof of Service)(Blitch, Susan) (Filed on 3/21/2014) (Entered: 03/21/2014)

1 Certificate/Proof of Service

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March 21, 2014 PACER
33

NOTICE of Change In Counsel by Alan Lawrence Schlosser (Schlosser, Alan) (Filed on 3/25/2014) (Entered: 03/25/2014)

March 25, 2014 PACER
34

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by County of Monterey, Monterey County Sheriff's Office.. (Attachments: # 1 Certificate/Proof of Service)(Blitch, Susan) (Filed on 4/1/2014) (Entered: 04/01/2014)

1 Certificate/Proof of Service

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April 1, 2014 PACER
35

STIPULATION and Proposed Order selecting Private ADR by Cynthia Aguilar, Ha Cobb, George Greim, Dennis Guyot, Jesse Hernandez, Glenda Hunter, Albert Key, Wesley Miller, Richard Murphy, Jeff Nichols, Sarab Sarabi, Robert Yancey, County of Monterey, Monterey County Sheriff's Office, and California Forensic Medical Group, Inc. filed by Cynthia Aguilar, Ha Cobb, George Greim, Dennis Guyot, Jesse Hernandez, Glenda Hunter, Albert Key, Wesley Miller, Richard Murphy, Jeff Nichols, Sarab Sarabi, Robert Yancey. (Grunfeld, Gay) (Filed on 4/1/2014) (Entered: 04/01/2014)

April 1, 2014 PACER
36

JOINT CASE MANAGEMENT STATEMENT filed by Cynthia Aguilar, Ha Cobb, George Greim, Dennis Guyot, Jesse Hernandez, Glenda Hunter, Albert Key, Wesley Miller, Richard Murphy, Jeff Nichols, Sarab Sarabi, Robert Yancey. (Grunfeld, Gay) (Filed on 4/1/2014) (Entered: 04/01/2014)

April 1, 2014 PACER
37

ORDER GRANTING STIPULATION by Magistrate Judge Paul Singh Grewal granting 35 Stipulation selecting Private ADR.(psglc3S, COURT STAFF) (Filed on 4/2/2014) (Entered: 04/02/2014)

April 2, 2014 PACER
38

NOTICE of Appearance by Peter George Bertling on behalf of Defendant California Forensic Medical Group, Inc. (Attachments: # 1 Certificate/Proof of Service)(Bertling, Peter) (Filed on 4/4/2014) (Entered: 04/04/2014)

1 Certificate/Proof of Service

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April 4, 2014 PACER
39

CERTIFICATE OF SERVICE by California Forensic Medical Group re 38 Notice of Appearance Amended Certificate of Service re Notice of Appearance of Defendant California Forensic Medical Group, Inc. (Bertling, Peter) (Filed on 4/4/2014) (Entered: 04/04/2014)

April 4, 2014 PACER
40

Minute Entry: Case Management Conference held on 4/8/2014 before Magistrate Judge Paul S. Grewal. Plaintiffs plan to file amended complaint by 4/11/2014. Rule 26(f) conference to be held by 4/18/2014. Supplemental case management statement to be submitted by 4/25/2014. Court to issue case management scheduling order upon receipt of supplemental statement. The court will schedule a telephonic hearing if necessary. (Court Reporter FTR: (10:00 to 10:08) (ofr, COURT STAFF) (Date Filed: 4/8/2014) (Entered: 04/09/2014)

April 8, 2014 PACER
41

AMENDED COMPLAINT (Second) against All Defendants. Filed byJesse Hernandez. (Attachments: # 1 Ex. A, Part 1 of 3, # 2 Ex. A, Part 2 of 3, # 3 Ex. A, Part 3 of 3, # 4 Ex. B)(Grunfeld, Gay) (Filed on 4/11/2014) (Entered: 04/11/2014)

1 Ex. A, Part 1 of 3

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2 Ex. A, Part 2 of 3

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3 Ex. A, Part 3 of 3

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4 Ex. B

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April 11, 2014 Clearinghouse
42

NOTICE of Appearance by Van Swearingen (Swearingen, Van) (Filed on 4/21/2014) (Entered: 04/21/2014)

April 21, 2014 PACER
43

STIPULATION WITH (PROPOSED) ORDER ALLOWING THE FILING OF OVERSIZED BRIEFS filed by Jesse Hernandez. (Grunfeld, Gay) (Filed on 4/24/2014) Modified on 4/25/2014 (bw, COURT STAFF). (Entered: 04/24/2014)

April 24, 2014 PACER
44

MOTION to Dismiss Rule 12(b)(6) filed by County of Monterey, Monterey County Sheriff's Office. Motion Hearing set for 6/3/2014 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 5/9/2014. Replies due by 5/16/2014. (Attachments: # 1 Declaration Cmdr. James H. Bass, # 2 Exhibit 1-9 to Declaration of Bass, # 3 Request for Judicial Notice, # 4 Certificate/Proof of Service)(Blitch, Susan) (Filed on 4/25/2014) (Entered: 04/25/2014)

1 Declaration Cmdr. James H. Bass

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2 Exhibit 1-9 to Declaration of Bass

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3 Request for Judicial Notice

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4 Certificate/Proof of Service

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April 25, 2014 Clearinghouse
45

Request for Judicial Notice re 44 MOTION to Dismiss Rule 12(b)(6) filed byCounty of Monterey, Monterey County Sheriff's Office. (Attachments: # 1 Declaration Cmdr. James H. Bass, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Related document(s) 44 ) (Blitch, Susan) (Filed on 4/25/2014) (Entered: 04/25/2014)

1 Declaration Cmdr. James H. Bass

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2 Proposed Order

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3 Certificate/Proof of Service

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April 25, 2014 PACER
46

SUPPLEMENTAL JOINT CASE MANAGEMENT STATEMENT filed by Jesse Hernandez. (Grunfeld, Gay) (Filed on 4/25/2014) Modified on 4/28/2014 (bw, COURT STAFF). Modified on 10/8/2014 (cv, COURT STAFF). (Entered: 04/25/2014)

April 25, 2014 PACER
47

ORDER GRANTING LEAVE TO FILE OVERSIZED BRIEFS IN MOTION FOR CLASS CERTIFICATION by Magistrate Judge Paul Singh Grewal granting 43 Stipulation.(psglc3S, COURT STAFF) (Filed on 4/28/2014) (Entered: 04/28/2014)

April 28, 2014 PACER
48

MOTION to Certify Class Certification filed by Jesse Hernandez. Motion Hearing set for 6/3/2014 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 5/13/2014. Replies due by 5/20/2014. (Grunfeld, Gay) (Filed on 4/29/2014) Modified on 1/21/2015 (cv, COURT STAFF). (Entered: 04/29/2014)

April 29, 2014 PACER
49

Declaration of Gay Crosthwait Grunfeld in Support of 48 MOTION to Certify Class and Notice of Motion filed byJesse Hernandez. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-H, # 3 Exhibit I-J, # 4 Exhibit K, Part 1 of 3, # 5 Exhibit K, Part 2 of 3, # 6 Exhibit K, Part 3 of 3, # 7 Exhibit L-V, # 8 Exhibit W-Y, # 9 Exhibit Z, Part 1 of 4, # 10 Exhibit Z, Part 2 of 4, # 11 Exhibit Z, Part 3 of 4, # 12 Exhibit Z, Part 4 of 4, # 13 Exhibit AA-BB, # 14 Exhibit CC, Part 1 of 2, # 15 Exhibit CC, Part 2 of 2, # 16 Exhibit DD-GG, # 17 Exhibit HH-II, # 18 Exhibit JJ)(Related document(s) 48 ) (Grunfeld, Gay) (Filed on 4/29/2014) (Entered: 04/29/2014)

1 Exhibit A-E

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2 Exhibit F-H

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3 Exhibit I-J

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4 Exhibit K, Part 1 of 3

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5 Exhibit K, Part 2 of 3

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6 Exhibit K, Part 3 of 3

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7 Exhibit L-V

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8 Exhibit W-Y

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9 Exhibit Z, Part 1 of 4

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10 Exhibit Z, Part 2 of 4

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11 Exhibit Z, Part 3 of 4

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12 Exhibit Z, Part 4 of 4

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13 Exhibit AA-BB

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14 Exhibit CC, Part 1 of 2

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15 Exhibit CC, Part 2 of 2

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16 Exhibit DD-GG

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17 Exhibit HH-II

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18 Exhibit JJ

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April 29, 2014 PACER
50

Declaration of James Egar in Support of 48 MOTION to Certify Class and Notice of Motion filed byJesse Hernandez. (Related document(s) 48 ) (Grunfeld, Gay) (Filed on 4/29/2014) (Entered: 04/29/2014)

April 29, 2014 PACER
51

Declaration of Pablo Stewart in Support of 48 MOTION to Certify Class and Notice of Motion filed byJesse Hernandez. (Related document(s) 48 ) (Grunfeld, Gay) (Filed on 4/29/2014) (Entered: 04/29/2014)

April 29, 2014 PACER
52

Administrative Motion to File Under Seal filed by Jesse Hernandez. (Attachments: # 1 Declaration of Van Swearingen in Support of Plaintiffs' Administrative Motion to File Under Seal, # 2 Proposed Order, # 3 Declaration of Cain Aguilar Without Exhibits, # 4 Declaration of Cain Aguilar With Exhibits, # 5 Declaration of Ha Cobb Without Exhibits, # 6 Declaration of Ha Cobb With Exhibits, # 7 Declaration of Susan Dilley Without Exhibits, # 8 Declaration of Susan Dilley With Exhibits, # 9 Declaration of Connie Dobbs Without Exhibits, # 10 Declaration of Connie Dobbs With Exhibits, # 11 Declaration of Sean Esquivel Without Exhibits, # 12 Declaration of Sean Esquivel With Exhibits, # 13 Declaration of Ramona Gist Without Exhibits, # 14 Declaration of Ramona Gist With Exhibits, # 15 Declaration of Martha Gomez Without Exhibits, # 16 Declaration of Martha Gomez With Exhibits, # 17 Declaration of George Greim Without Exhibits, # 18 Declaration of George Greim With Exhibits, # 19 Declaration of Jesse Hernandez Without Exhibits, # 20 Declaration of Jesse Hernandez With Exhibits, # 21 Declaration of Jason Hobbs Without Exhibits, # 22 Declaration of Jason Hobbs With Exhibits, # 23 Declaration of Brandon Mefford Without Exhibits, # 24 Declaration of Brandon Mefford With Exhibits, # 25 Declaration of Angel Perez Without Exhibits, # 26 Declaration of Angel Perez With Exhibits, # 27 Declaration of Clyde Whitfield Without Exhibits, # 28 Declaration of Clyde Whitfield With Exhibits, # 29 Declaration of Robert Yancey Without Exhibits, # 30 Declaration of Robert Yancey With Exhibits)(Grunfeld, Gay) (Filed on 4/29/2014) (Entered: 04/29/2014)

1 Declaration of Van Swearingen in Support of Plaintiffs' Administrative Moti

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2 Proposed Order

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3 Declaration of Cain Aguilar Without Exhibits

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5 Declaration of Ha Cobb Without Exhibits

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7 Declaration of Susan Dilley Without Exhibits

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9 Declaration of Connie Dobbs Without Exhibits

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11 Declaration of Sean Esquivel Without Exhibits

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13 Declaration of Ramona Gist Without Exhibits

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15 Declaration of Martha Gomez Without Exhibits

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17 Declaration of George Greim Without Exhibits

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19 Declaration of Jesse Hernandez Without Exhibits

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21 Declaration of Jason Hobbs Without Exhibits

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23 Declaration of Brandon Mefford Without Exhibits

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25 Declaration of Angel Perez Without Exhibits

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27 Declaration of Clyde Whitfield Without Exhibits

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29 Declaration of Robert Yancey Without Exhibits

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April 29, 2014 PACER
53

Declaration of Nichele Hubbs in Support of 48 MOTION to Certify Class and Notice of Motion filed byJesse Hernandez. (Related document(s) 48 ) (Grunfeld, Gay) (Filed on 4/29/2014) (Entered: 04/29/2014)

April 29, 2014 PACER
54

Request for Judicial Notice in Support of 48 Motion for Class Certification filed by Jesse Hernandez. (Grunfeld, Gay) (Filed on 4/29/2014) Modified on 4/29/2014 (cv, COURT STAFF). (Entered: 04/29/2014)

April 29, 2014 PACER
55

Proposed Order 48 MOTION to Certify Class by Jesse Hernandez. (Grunfeld, Gay) (Filed on 4/29/2014) Modified on 10/8/2014 (cv, COURT STAFF). (Entered: 04/29/2014)

April 29, 2014 PACER
56

Brief re 48 MOTION to Certify Class and Notice of Motion filed byJesse Hernandez. (Related document(s) 48 ) (Grunfeld, Gay) (Filed on 4/29/2014) (Entered: 04/29/2014)

April 29, 2014 PACER
57

CERTIFICATE OF SERVICE by Jesse Hernandez re 52 Administrative Motion to File Under Seal (Grunfeld, Gay) (Filed on 4/30/2014) (Entered: 04/30/2014)

April 30, 2014 PACER
58

First MOTION to Dismiss Second Amended Complaint filed by California Forensic Medical Group. Motion Hearing set for 6/10/2014 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 5/16/2014. Replies due by 5/23/2014. (Saunders, Jemma) (Filed on 5/2/2014) (Entered: 05/02/2014)

May 2, 2014 PACER
59

Memorandum of Points and Authorities in support of 58 MOTION filed by California Forensic Medical Group. Motion Hearing set for 6/10/2014 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 5/16/2014. Replies due by 5/23/2014. (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service)(Saunders, Jemma) (Filed on 5/2/2014) Modified on 5/2/2014, (counsel selected incorrect event.) (cv, COURT STAFF). (Entered: 05/02/2014)

1 Proposed Order

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2 Certificate/Proof of Service

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May 2, 2014 Clearinghouse
60

ORDER GRANTING 52 ADMINISTRATIVE MOTION TO FILE UNDER SEAL entered by Magistrate Judge Paul Singh Grewal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 05/02/2014)

May 2, 2014 PACER
61

STIPULATION WITH PROPOSED ORDER RE: BRIEFING SCHEDULE AND HEARING DATES FOR MOTION FOR CLASS CERTIFICATION AND MOTIONS TO DISMISS filed by Jesse Hernandez. (Grunfeld, Gay) (Filed on 5/5/2014) (Entered: 05/05/2014)

May 5, 2014 PACER
62

ORDER GRANTING STIPULATION by Magistrate Judge Paul Singh Grewal granting 61 Stipulation.(psglc3S, COURT STAFF) (Filed on 5/9/2014) (Entered: 05/09/2014)

May 9, 2014 PACER
63

NOTICE of Appearance by Eric Balaban Notice of Appearance of Counsel (Balaban, Eric) (Filed on 5/13/2014) (Entered: 05/13/2014)

May 13, 2014 PACER
64

MOTION for Extension of Time to File for Hearing and Briefing on Plaintiffs' Motion for Class Certification filed by California Forensic Medical Group. (Attachments: # 1 Declaration of Peter G. Bertling, # 2 Exhibit A to Declaration, # 3 Exhibit B to Declaration, # 4 Exhibit C to Declaration, # 5 Certificate/Proof of Service)(Bertling, Peter) (Filed on 6/4/2014) (Entered: 06/04/2014)

1 Declaration of Peter G. Bertling

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2 Exhibit A to Declaration

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3 Exhibit B to Declaration

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4 Exhibit C to Declaration

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5 Certificate/Proof of Service

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June 4, 2014 PACER
65

MOTION to Continue Enlarge Time for Hearing and Briefing on Motion for Class Certification filed by County of Monterey, Monterey County Sheriff's Office. (Attachments: *** # 1 Declaration Susan K. Blitch DOCUMENT REMOVED - SEE ORDER 72 ***, # 2 Certificate/Proof of Service)(Blitch, Susan) (Filed on 6/5/2014) Modified on 6/10/2014 (ewn, COURT STAFF). (Attachment 1 replaced on 6/11/2014) (sp, COURT STAFF). Modified on 6/11/2014 (sp, COURT STAFF). (Entered: 06/05/2014)

1 Declaration Susan K. Blitch

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2 Certificate/Proof of Service

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June 5, 2014 PACER
66

RESPONSE (re 65 MOTION to Continue Enlarge Time for Hearing and Briefing on Motion for Class Certification, 64 MOTION for Extension of Time to File for Hearing and Briefing on Plaintiffs' Motion for Class Certification ) filed byJesse Hernandez. (Attachments: # 1 Declaration Declaration of Michael W. Bien IOT Defs Mot to Enlarge Time, # 2 Declaration Declaration of Van Swearingen IOT Defs Mot to Enlarge Time, # 3 Proposed Order Proposed Order)(Bien, Michael) (Filed on 6/9/2014) (Entered: 06/09/2014)

1 Declaration Declaration of Michael W. Bien IOT Defs Mot to Enlarge Time

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2 Declaration Declaration of Van Swearingen IOT Defs Mot to Enlarge Time

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3 Proposed Order Proposed Order

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June 9, 2014 PACER
67

Notice of Supplemental Authority (Bien, Michael) (Filed on 6/9/2014) Modified on 6/16/2014 (cv, COURT STAFF). (Entered: 06/09/2014)

June 9, 2014 PACER
68

Proposed Order re 64 MOTION for Extension of Time to File for Hearing and Briefing on Plaintiffs' Motion for Class Certification by California Forensic Medical Group. (Attachments: # 1 Certificate/Proof of Service)(Bertling, Peter) (Filed on 6/10/2014) (Entered: 06/10/2014)

1 Certificate/Proof of Service

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June 10, 2014 PACER
69

Proposed Order re 65 MOTION to Continue Enlarge Time for Hearing and Briefing on Motion for Class Certification by County of Monterey, Monterey County Sheriff's Office. (Attachments: # 1 Certificate/Proof of Service)(Blitch, Susan) (Filed on 6/10/2014) (Entered: 06/10/2014)

1 Certificate/Proof of Service

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June 10, 2014 PACER
70

STIPULATION WITH PROPOSED ORDER to Remove Incorrectly Filed Document filed by County of Monterey, Monterey County Sheriff's Office. (Blitch, Susan) (Filed on 6/10/2014) (Entered: 06/10/2014)

June 10, 2014 PACER
71

Declaration of Susan K. Blitch in Support of 65 MOTION to Continue Enlarge Time for Hearing and Briefing on Motion for Class Certification Redacted filed byCounty of Monterey, Monterey County Sheriff's Office. (Attachments: # 1 Certificate/Proof of Service)(Related document(s) 65 ) (Blitch, Susan) (Filed on 6/10/2014) (Entered: 06/10/2014)

1 Certificate/Proof of Service

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June 10, 2014 PACER
72

ORDER GRANTING STIPULATION by Judge Paul S. Grewal granting 70 Stipulation (psglc3S, COURT STAFF) (Filed on 6/11/2014) (Entered: 06/11/2014)

June 11, 2014 PACER
73

Declaration of Peter G. Bertling in Support of 64 MOTION for Extension of Time to File for Hearing and Briefing on Plaintiffs' Motion for Class Certification Supplemental Declaration of Peter G. Bertling filed byCalifornia Forensic Medical Group. (Attachments: # 1 Exhibit A, # 2 Certificate/Proof of Service)(Related document(s) 64 ) (Bertling, Peter) (Filed on 6/25/2014) (Entered: 06/25/2014)

1 Exhibit A

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2 Certificate/Proof of Service

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June 25, 2014 PACER
74

Supplemental Brief re 65 MOTION to Continue Enlarge Time for Hearing and Briefing on Motion for Class Certification, 66 Opposition/Response to Motion,, 64 MOTION for Extension of Time to File for Hearing and Briefing on Plaintiffs' Motion for Class Certification filed byJesse Hernandez. (Related document(s) 65, 66, 64 ) (Freedman, Michael) (Filed on 6/25/2014) (Entered: 06/25/2014)

June 25, 2014 PACER
75

Renotice motion hearing re 44 MOTION to Dismiss Rule 12(b)(6) Amended filed byCounty of Monterey, Monterey County Sheriff's Office. Motion Hearing set for 8/12/2014 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 7/3/2014. Replies due by 7/29/2014. (Attachments: # 1 Declaration Supplemental of Cmdr. James H. Bass, # 2 Supplement Request for Judicial Notice, # 3 Certificate/Proof of Service)(Related document(s) 44 ) (Blitch, Susan) (Filed on 6/27/2014) (Entered: 06/27/2014)

1 Declaration Supplemental of Cmdr. James H. Bass

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2 Supplement Request for Judicial Notice

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3 Certificate/Proof of Service

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June 27, 2014 PACER
76

ORDER GRANTING DEFENDANTS MOTIONS TO ENLARGE TIME FOR HEARING AND BRIEFING ON PLAINTIFFS MOTION FOR CLASS CERTIFICATION by Judge Paul S. Grewal granting 64 Motion for Extension of Time to File; granting 65 Motion to Continue (psglc3S, COURT STAFF) (Filed on 6/30/2014) (Entered: 06/30/2014)

June 30, 2014 PACER
77

RESPONSE (re 44 MOTION to Dismiss Rule 12(b)(6) ) filed byJesse Hernandez. (Bien, Michael) (Filed on 7/3/2014) (Entered: 07/03/2014)

July 3, 2014 PACER
78

Declaration of Van Swearingen in Support of 77 Opposition/Response to Motion filed byJesse Hernandez. (Related document(s) 77 ) (Bien, Michael) (Filed on 7/3/2014) (Entered: 07/03/2014)

July 3, 2014 PACER
79

Declaration of Martha Gomez in Support of 77 Opposition/Response to Motion filed byJesse Hernandez. (Related document(s) 77 ) (Bien, Michael) (Filed on 7/3/2014) (Entered: 07/03/2014)

July 3, 2014 PACER
80

Declaration of Wesley Miller in Support of 77 Opposition/Response to Motion filed byJesse Hernandez. (Related document(s) 77 ) (Bien, Michael) (Filed on 7/3/2014) (Entered: 07/03/2014)

July 3, 2014 PACER
81

Request for Judicial Notice re 77 Opposition/Response to Motion filed byJesse Hernandez. (Related document(s) 77 ) (Bien, Michael) (Filed on 7/3/2014) (Entered: 07/03/2014)

July 3, 2014 PACER
82

Administrative Motion to File Under Seal Declaration of Michael Freedman in Opposition to Defendant County's Motion to Dismiss with All Exhibits filed by Jesse Hernandez. (Attachments: # 1 Declaration Michael Freedman in Support of Plaintiffs' Administrative Motion to File Under Seal, # 2 Proposed Order Granting Plaintiffs' Administrative Motion to File Under Seal, # 3 Declaration of Michael Freedman in Opposition to County's Motion to Dismiss Without Exhibits A-W, # 4 Declaration of Michael Freedman in Opposition to County's Motion to Dismiss with All Exhibits)(Bien, Michael) (Filed on 7/3/2014) (Entered: 07/03/2014)

1 Declaration Michael Freedman in Support of Plaintiffs' Administrative Motio

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2 Proposed Order Granting Plaintiffs' Administrative Motion to File Under Sea

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3 Declaration of Michael Freedman in Opposition to County's Motion to Dismis

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July 3, 2014 PACER
83

RESPONSE (re 58 First MOTION to Dismiss Second Amended Complaint ) Pls Opposition to Def CFMG's Motion to Dismiss filed byJesse Hernandez. (Schlosser, Alan) (Filed on 7/3/2014) (Entered: 07/03/2014)

July 3, 2014 PACER
84

CERTIFICATE OF SERVICE by Jesse Hernandez re 82 Administrative Motion to File Under Seal Declaration of Michael Freedman in Opposition to Defendant County's Motion to Dismiss with All Exhibits (Bien, Michael) (Filed on 7/3/2014) (Entered: 07/03/2014)

July 3, 2014 PACER
85

First MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Certify Class and Notice of Motion Pls.' Motion for Additional Time to File Reply Brief filed by Jesse Hernandez. (Attachments: # 1 Declaration of Gay Crosthwait Grunfeld in Support of Pls' Mot. for Additional Time, # 2 Exhibit A to Decl. of Gay Crosthwait Grunfeld in Support of Pls' Mot. for Additional Time, # 3 Exhibit B to Decl. of Gay Crosthwait Grunfeld in Support of Pls' Mot. for Additional Time, # 4 Exhibit C to Decl. of Gay Crosthwait Grunfeld in Support of Pls' Mot. for Additional Time, # 5 Proposed Order Granting Pls' Mot. for Additional Time)(Grunfeld, Gay) (Filed on 7/3/2014) (Entered: 07/03/2014)

1 Declaration of Gay Crosthwait Grunfeld in Support of Pls' Mot. for Addition

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2 Exhibit A to Decl. of Gay Crosthwait Grunfeld in Support of Pls' Mot. for A

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3 Exhibit B to Decl. of Gay Crosthwait Grunfeld in Support of Pls' Mot. for A

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4 Exhibit C to Decl. of Gay Crosthwait Grunfeld in Support of Pls' Mot. for A

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5 Proposed Order Granting Pls' Mot. for Additional Time

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July 3, 2014 PACER
86

ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION FOR ADDITIONAL TIME TO FILE REPLY PLEADINGS IN SUPPORT OF CLASS CERTIFICATION by Magistrate Judge Paul Singh Grewal granting 85 Motion for Extension of Time to File Response/Reply re 48 MOTION to Certify Class and Notice of Motion.(psglc3S, COURT STAFF) (Filed on 7/9/2014) (Entered: 07/09/2014)

July 9, 2014 PACER
87

ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL by Magistrate Judge Paul Singh Grewal granting 82 Administrative Motion to File Under Seal.(psglc3S, COURT STAFF) (Filed on 7/22/2014) (Entered: 07/22/2014)

July 22, 2014 PACER
88

ORDER by Judge Paul S. Grewal DENYING (9) Motion to Relate Case in 5:14-cv-02730 BLF. NOT Related to 5:13-cv-02354-PSG. Signed by Judge Paul S. Grewal on 7/28/2014. (ofr, COURT STAFF) (Filed on 7/28/2014) Modified on 9/30/2014 (cv, COURT STAFF). (Entered: 07/28/2014)

July 28, 2014 RECAP
89

REPLY (re 58 First MOTION to Dismiss Second Amended Complaint ) to Plaintiffs' Opposition to Defendant's Motion to Dismiss Second Amended Complaint filed byCalifornia Forensic Medical Group. (Attachments: # 1 Certificate/Proof of Service)(Saunders, Jemma) (Filed on 7/29/2014) (Entered: 07/29/2014)

1 Certificate/Proof of Service

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July 29, 2014 PACER
90

REPLY (re 44 MOTION to Dismiss Rule 12(b)(6) ) filed byCounty of Monterey, Monterey County Sheriff's Office. (Attachments: # 1 Declaration Susan K. Blitch, # 2 Certificate/Proof of Service)(Blitch, Susan) (Filed on 7/29/2014) (Entered: 07/29/2014)

1 Declaration Susan K. Blitch

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2 Certificate/Proof of Service

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July 29, 2014 PACER
91

CLERK'S NOTICE Continuing Motion Hearing, continuing 44 MOTION to Dismiss: 8/12/2014 Motion Hearing is continued to 8/14/2014 at 10:00 AM (SPECIAL SET) in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. ***This is a text only docket entry, there is no document associated with this notice.*** (ofrS, COURT STAFF) (Filed on 7/31/2014) (Entered: 07/31/2014)

July 31, 2014 PACER
92

CLERK'S NOTICE Continuing Motion Hearing, continuing 58 First MOTION to Dismiss Second Amended Complaint: 8/12/2014 10:00 AM Motion Hearing is continued to 8/14/2014 at 10:00 AM (SPECIAL SET) in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 8/1/2014) (Entered: 08/01/2014)

Aug. 1, 2014 PACER
93

MOTION for Leave to File Sur-reply and Declarations in Support Thereof in Opposition to Defendants' Motion to Dismiss Plaintiffs Esquivel, Hobbs, Hunter, Key, Miller, Murphy, Nichols, Sarabi, and Yancey filed by Jesse Hernandez. (Attachments: # 1 Declaration Supplemental of Michael Freedman in Opposition to Defendants' Motion to Dismiss Plaintiffs Esquivel, Hobbs, Hunter, Key, Miller, Murphy, Nichols, Sarabi, and Yancey, # 2 Declaration of Glenda Hunter in Opposition to Defendants' Motion to Dismiss Plaintiffs Esquivel, Hobbs, Hunter, Key, Miller, Murphy, Nichols, Sarabi, and Yancey, # 3 Proposed Order Granting Plaintiffs' Motion for Leave to File Sur-reply and Declarations in Support Thereof in Opposition to Defendants' Motion to Dismiss Plaintiffs Esquivel, Hobbs, Hunter, Key, Miller, Murphy, Nichols, Sarabi, and Yancey)(Bien, Michael) (Filed on 8/5/2014) (Entered: 08/05/2014)

1 Declaration Supplemental of Michael Freedman in Opposition to Defendants' M

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2 Declaration of Glenda Hunter in Opposition to Defendants' Motion to Dismiss

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3 Proposed Order Granting Plaintiffs' Motion for Leave to File Sur-reply and

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Aug. 5, 2014 PACER
94

RESPONSE (re 93 MOTION for Leave to File Sur-reply and Declarations in Support Thereof in Opposition to Defendants' Motion to Dismiss Plaintiffs Esquivel, Hobbs, Hunter, Key, Miller, Murphy, Nichols, Sarabi, and Yancey ) Declaration of Susan K. Blitch filed byCounty of Monterey, Monterey County Sheriff's Office. (Attachments: # 1 Certificate/Proof of Service)(Blitch, Susan) (Filed on 8/6/2014) (Entered: 08/06/2014)

1 Certificate/Proof of Service

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Aug. 6, 2014 PACER
95

MOTION to Continue Hearing on Class Certification Motion filed by County of Monterey, Monterey County Sheriff's Office. (Attachments: # 1 Declaration Michael R. Philippi, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Philippi, Michael) (Filed on 8/12/2014) (Entered: 08/12/2014)

1 Declaration Michael R. Philippi

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2 Proposed Order

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3 Certificate/Proof of Service

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Aug. 12, 2014 PACER
96

Request to Appear Telephonically at its August 14, 2014 Motion to Dismiss (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service)(Bertling, Peter) (Filed on 8/12/2014) Modified on 8/12/2014 (cv, COURT STAFF). (Entered: 08/12/2014)

1 Proposed Order

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2 Certificate/Proof of Service

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Aug. 12, 2014 PACER
97

Joinder re 95 MOTION to Continue Hearing on Class Certification Motion CFMG's Notice of Joinder and Non-Opposition to County's Motion to Continue Hearing and Briefing on Plaintiff's Class Certification Motion by California Forensic Medical Group. (Attachments: # 1 Certificate/Proof of Service)(Saunders, Jemma) (Filed on 8/12/2014) (Entered: 08/12/2014)

1 Certificate/Proof of Service

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Aug. 12, 2014 PACER
98

ORDER GRANTING LEAVE TO FILE SUR-REPLY by Magistrate Judge Paul Singh Grewal granting 93 Motion for Leave to File.(psglc3S, COURT STAFF) (Filed on 8/12/2014) (Entered: 08/12/2014)

Aug. 12, 2014 PACER
99

ORDER GRANTING CFMG'S REQUEST TO MAKE A TELEPHONIC APPEARANCE AT THE AUGUST 14, 2014 MOTION TO DISMISS by Judge Paul S. Grewal, granting 96 : Counsel is instructed to contact CourtCall at 866-582-6878 to arrange for telephonic appearance. (ofr, COURT STAFF) (Filed on 8/13/2014) (Entered: 08/13/2014)

Aug. 13, 2014 PACER
100

Minute Entry: Motion Hearing held on 8/14/2014 before Magistrate Judge Paul S. Grewal re 44 MOTION to Dismiss AND 58 MOTION to Dismiss: The court takes matters under submission; written order to be issued. 9/23/2014 10:00 AM Motion for Class Certification is continued to 10/28/2014 at 10:00 AM. Opposition due by 9/30/2014. Reply due by 10/21/2014. Parties to discuss trial schedule by 8/15/2014 and reach out to the court if unable to reach agreement. (Court Reporter: Lee-Anne Shortridge) (ofr, COURT STAFF) (Date Filed: 8/14/2014) (Entered: 08/14/2014)

Aug. 14, 2014 PACER

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

California's Prisoners' Rights Bar article

Solitary confinement

Post-WalMart decisions on class certification

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: March 23, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmates or recently released inmates from Monterey County Jail.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU National Prison Project

ACLU of Northern California

Legal Services/Legal Aid

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Monterey, Monterey County Sheriff's Office (Monterey), County

California Forensic Medical Group, Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2015 - 2021

Content of Injunction:

Monitor/Master

Monitoring

Preliminary relief granted

Recordkeeping

Reporting

Issues

General:

Assault/abuse by residents/inmates/students

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Failure to train

Food service / nutrition / hydration

Grievance Procedures

Phone

Record-keeping

Recreation / Exercise

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Staff (number, training, qualifications, wages)

Suicide prevention

TTY/Close Captioning/Videophone/etc.

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Mental impairment

Mobility impairment

Medical/Mental Health:

Dental care

Hepatitis

Intellectual/Developmental Disability

Medical care, general

Medication, administration of

Mental health care, general

Suicide prevention

Untreated pain

Vision care

Wound care

Type of Facility:

Government-run

Non-government for profit