Case: Prison Legal News v. County of Ventura

2:14-cv-00773 | U.S. District Court for the Central District of California

Filed Date: Jan. 31, 2014

Closed Date: Nov. 16, 2017

Clearinghouse coding complete

Case Summary

This case was brought by the Prison Legal News (PLN) on behalf of prisoners and pre-trial detainees held in custody at Ventura County jails. PLN provides a monthly journal, informational brochures, and paperback books that all discuss issues involving the criminal justice system.PLN alleged that the Ventura County jails' mail policies and practices unconstitutionally restrict PLN's correspondence with inmates. More specifically, PLN argued that the Ventura County jails' mail policies lacked cla…

This case was brought by the Prison Legal News (PLN) on behalf of prisoners and pre-trial detainees held in custody at Ventura County jails. PLN provides a monthly journal, informational brochures, and paperback books that all discuss issues involving the criminal justice system.

PLN alleged that the Ventura County jails' mail policies and practices unconstitutionally restrict PLN's correspondence with inmates. More specifically, PLN argued that the Ventura County jails' mail policies lacked clarity, failed to provide adequate notice to PLN, and did not give PLN the opportunity to challenge their policy as censorship.

This case arose after PLN made numerous attempts to contact inmates at Ventura County jails. PLN mailed materials to inmates held at Ventura County jails starting in February 2012, only for the materials to be returned to sender due to "suggestive" or "unacceptable ads inside." After further research, PLN discovered that Ventura County revised their written mail policies to specifically exclude PLN's materials from being delivered to inmates. The jail also had a postcard-only policy, under which postcards were the only acceptable form of incoming mail.

In February 2013, PLN filed a state tort claim against the defendant, but the defendant continued to exclude PLN's materials from being delivered to inmates irregardless of PLN's legal actions.

On January 31, 2014, PLN filed a complaint in the U.S. District Court for the Central District of California under 42 U.S.C. §1983 arguing that the defendant's actions violated the inmates' First and Fourteenth Amendment rights. Represented by Rosen, Bien, Galvan & Grunfeld, plaintiff asked for declaratory, injunctive, and monetary relief. On June 16, 2014, Judge George H. King granted plaintiff's motion for a preliminary injunction and ordered defendants to suspend enforcement of their postcard-only policy. The court further ordered defendants to stop refusing to deliver correspondence to inmates on the basis of its subscription content, print medium, or sexually "suggestive" material. The defendants appealed this preliminary injunction to the Ninth Circuit on June 27, 2014.

While the matter was on appeal, the parties entered into settlement negotiations. After several weeks, the parties stipulated to dismiss certain defendants from the case, and on August 22, 2014, Judge King dismissed with prejudice all defendants except for the County of Ventura and the Sheriff of the Ventura County in the sheriff's official capacity.

On August 27, 2014, the plaintiff filed a stipulation for a permanent injunction, and the defendants moved to voluntarily dismiss their appeal pending in the Ninth Circuit. In response, on September 4, 2014, Judge King granted this permanent injunction whereby defendants were ordered to permanently abide by the terms of the earlier preliminary injunction. Additionally, defendants were ordered to not prohibit inmates from ordering books, magazines, and other publications. Finally, defendants were required to implement training procedures for mailroom staff and conduct annual legal updates. Additionally, as part of the settlement agreement, the county agreed to pay Prison Legal News $350,000 for damages, costs and fees.

Instead of continued monitoring by the court, Judge King ordered that the plaintiff was to notify the defendants of any violation of the injunction whereby a magistrate judge would determine any contested matters in binding arbitration. However, the court maintained jurisdiction over the settlement agreement until defendants file a motion to terminate, sometime after July 31, 2017. As of November 26, 2017, no further actions have been taken by either party, and so the case is presumably closed.

Summary Authors

Megan Richardson (6/9/2014)

Elena Malik (11/19/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4151015/parties/prison-legal-news-v-county-of-ventura/


Judge(s)

Eick, Charles F. (California)

King, George H. (California)

Attorneys(s) for Plaintiff

Galvan, Ernest (California)

Thompson, Blake (California)

Vogel, Brian A. (California)

Weber, Lance (Vermont)

Attorneys(s) for Defendant

Held, Jeffrey (California)

Proctor, James N. (California)

Wisotsky, Alan E. (California)

Zepeda, Anthony Allen (California)

Judge(s)

Eick, Charles F. (California)

King, George H. (California)

Attorneys(s) for Plaintiff

Galvan, Ernest (California)

Thompson, Blake (California)

Vogel, Brian A. (California)

Weber, Lance (Vermont)

Attorneys(s) for Defendant

Held, Jeffrey (California)

Proctor, James N. (California)

Wisotsky, Alan E. (California)

Zepeda, Anthony Allen (California)

Documents in the Clearinghouse

Document

2:14-cv-00773

Docket [PACER]

Jan. 4, 2016

Jan. 4, 2016

Docket
1

2:14-cv-00773

Complaint for Declaratory and Injunctive Relief Under the Civil Rights Act, 41 USC §1983 and Damages

Jan. 13, 2014

Jan. 13, 2014

Complaint
42

2:14-cv-00773

Reporter's Transcript of Motion for Preliminary Injunction

May 19, 2014

May 19, 2014

Transcript
51

2:14-cv-00773

Order Granting Plaintiff's Motion for Preliminary Injunction

2014 WL 2736103

June 16, 2014

June 16, 2014

Order/Opinion
63

2:14-cv-00773

Order Regarding Stipulated Permanent Injunction

Sept. 4, 2014

Sept. 4, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4151015/prison-legal-news-v-county-of-ventura/

Last updated Aug. 6, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants Rick Barrios(individual), Rick Barrios(official capacities), County of Ventura, Geoff Dean(in their individual), Geoff Dean(official capacities), Does(1-10 official capacities), Does(1-10 in their individual), Linda Oksner(official capacities), Linda Oksner(individual), Gary Pentis(official capacities), Gary Pentis(in their individual). Case assigned to Judge George H. King for all further proceedings. Discovery referred to Magistrate Judge Charles F Eick. (Filing fee $ 400 PAID.) Jury Demanded., filed by Plaintiff Prison Legal News.(et) (mg). (Entered: 02/04/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
2

21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Rick Barrios(individual), Rick Barrios(official capacities), County of Ventura, Geoff Dean(in their individual), Geoff Dean(official capacities), Linda Oksner(official capacities), Linda Oksner(individual), Gary Pentis(official capacities), Gary Pentis(in their individual). (et) (Entered: 02/04/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
3

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Prison Legal News. (et) (mg). (Entered: 02/04/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
4

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Lance Weber for Plaintiff Prison Legal News. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) (Entered: 02/04/2014)

Feb. 4, 2014

Feb. 4, 2014

PACER
5

NOTICE OF MOTION AND MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need immediate judicial review, please call 213-894-2485 to advise that a Preliminary Injunction has been electronically filed. Failure to call the courtroom deputy, or the after hours filing contact number, may result in a delay of judicial review. Motion filed by Plaintiff Prison Legal News. Motion set for hearing on 3/17/2014 at 09:30 AM before Judge George H. King. (Attachments: # 1 Memorandum of Points and Authorities in Support of Plaintiff's Motion for Preliminary Injunction, # 2 Declaration of Paul Wright in Support of Plaintiff's Motion for Preliminary Injunction, # 3 Exhibit A-G to Declaration of Paul Wright in Support of Plaintiff's Motion for Preliminary Injunction, # 4 Exhibit H-N to Declaration of Paul Wright in Support of Plaintiff's Motion for Preliminary Injunction, # 5 Declaration of John Clark in Support of Plaintiff's Motion for Preliminary Injunction, # 6 Declaration of Brian Vogel in Support of Plaintiff's Motion for Preliminary Injunction, # 7 Declaration of Steve C. Marshall in Support of Plaintiff's Motion for Preliminary Injunction, # 8 Proposed Order Granting Plaintiff's Motion for Preliminary Injunction)(Galvan, Ernest) (Entered: 02/04/2014)

1 Memorandum of Points and Authorities in Support of Plaintiff's Motion for P

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2 Declaration of Paul Wright in Support of Plaintiff's Motion for Preliminary

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3 Exhibit A-G to Declaration of Paul Wright in Support of Plaintiff's Motion

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4 Exhibit H-N to Declaration of Paul Wright in Support of Plaintiff's Motion

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5 Declaration of John Clark in Support of Plaintiff's Motion for Preliminary

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6 Declaration of Brian Vogel in Support of Plaintiff's Motion for Preliminary

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7 Declaration of Steve C. Marshall in Support of Plaintiff's Motion for Preli

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8 Proposed Order Granting Plaintiff's Motion for Preliminary Injunction

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Feb. 4, 2014

Feb. 4, 2014

PACER
6

PROOF OF SERVICE Executed by Plaintiff Prison Legal News, upon Defendant County of Ventura served on 2/5/2014, answer due 2/26/2014. Service of the Summons and Complaint were executed upon Rochelle Beltran, front office at the Clerk of the Board in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Vogel, Brian) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
7

WAIVER OF SERVICE Returned Executed filed by plaintiff Prison Legal News. Waiver of Service signed by Jeffrey Held. (Vogel, Brian) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
8

WAIVER OF SERVICE Returned Executed filed by plaintiff Prison Legal News. upon Geoff Dean(in their individual) waiver sent by Plaintiff on 2/5/2014, answer due 4/6/2014. Waiver of Service signed by Jeffrey Held. (Vogel, Brian) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
9

WAIVER OF SERVICE Returned Executed filed by plaintiff Prison Legal News. upon Gary Pentis(official capacities) waiver sent by Plaintiff on 2/5/2014, answer due 4/6/2014. Waiver of Service signed by Jeffrey Held. (Vogel, Brian) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
10

WAIVER OF SERVICE Returned Executed filed by plaintiff Prison Legal News. upon Linda Oksner(individual) waiver sent by Plaintiff on 2/5/2014, answer due 4/6/2014. Waiver of Service signed by Jeffrey Held. (Vogel, Brian) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
11

WAIVER OF SERVICE Returned Executed filed by plaintiff Prison Legal News. upon Rick Barrios(individual) waiver sent by Plaintiff on 2/5/2014, answer due 4/6/2014. Waiver of Service signed by Jeffrey Held. (Vogel, Brian) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
12

ORDER RE: CASE MANAGEMENT by Judge George H. King: This case has been assigned to the calendar of Chief Judge George H. King. The court fully adheres to Rule 1 of the Federal Rules of Civil Procedure, which requires that the Rules be construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding. (See order for details.) (kti) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

PACER
13

Joint STIPULATION for Extension of Time to File Answer to April 6, 2014 re Complaint - (Discovery),, 1 filed by Plaintiff Prison Legal News. (Attachments: # 1 Proposed Order)(Vogel, Brian) (Entered: 02/11/2014)

1 Proposed Order

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Feb. 11, 2014

Feb. 11, 2014

RECAP
14

Joint STIPULATION for Extension of Time to File Response as to MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im 5, Joint STIPULATION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction from March 17, 2014 to May 5, 2014 Re: MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im 5 filed by plaintiff Prison Legal News. (Attachments: # 1 Proposed Order)(Vogel, Brian) (Entered: 02/13/2014)

1 Proposed Order

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Feb. 13, 2014

Feb. 13, 2014

PACER
15

DECLARATION of Lucy Lennox In Support Of MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im 5 filed by Plaintiff Prison Legal News. (Thompson, Blake) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
16

OF SERVICE filed by Plaintiff Prison Legal News, re Declaration (Motion related), 15 served on 2/14/14. (Thompson, Blake) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
17

ORDER by Judge George H. King, re Stipulation for Extension of Time to File Response/Reply, Stipulation to Continue Motion for Preliminary Injunction 14 . The filing deadline for Defendants Opposition to the Motion for PreliminaryInjunction is March 31, 2014; the filing deadline for Plaintiffs Reply is April 21, 2014; and the hearing date for the Motion for Preliminary Injunction is extended to May 5, 2014 at 9:30 a.m. (shb) (Entered: 02/19/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
18

ORDER granting Stipulation to Extend Time to Answer (More than 30 days) 13, Defendant County of Ventura answer due 4/6/2014 by Judge George H. King (shb) (Entered: 02/19/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
19

of Interested Parties filed by Defendants Rick Barrios(individual), Rick Barrios(official capacities), County of Ventura, Geoff Dean(in their individual), Geoff Dean(official capacities), Linda Oksner(official capacities), Linda Oksner(individual), Gary Pentis(official capacities), Gary Pentis(in their individual), identifying County of Ventura, Geoff Dean, Gary Pentis, Linda Oksner, Rick Barrios. (Attorney Jeffrey Held added to party Rick Barrios(pty:dft), Attorney Jeffrey Held added to party Rick Barrios(pty:dft), Attorney Jeffrey Held added to party County of Ventura(pty:dft), Attorney Jeffrey Held added to party Geoff Dean(pty:dft), Attorney Jeffrey Held added to party Geoff Dean(pty:dft), Attorney Jeffrey Held added to party Linda Oksner(pty:dft), Attorney Jeffrey Held added to party Linda Oksner(pty:dft), Attorney Jeffrey Held added to party Gary Pentis(pty:dft), Attorney Jeffrey Held added to party Gary Pentis(pty:dft))(Held, Jeffrey) (Entered: 02/25/2014)

Feb. 25, 2014

Feb. 25, 2014

PACER
20

STIPULATION to Continue Hearing Date of Preliminary Injunction Motion from May 5, 2014 to May 12, 2014 filed by Defendants Rick Barrios(individual), Rick Barrios(official capacities), County of Ventura, Geoff Dean(in their individual), Geoff Dean(official capacities), Linda Oksner(official capacities), Linda Oksner(individual), Gary Pentis(official capacities), Gary Pentis(in their individual). (Attachments: # 1 Proposed Order)(Held, Jeffrey) (Entered: 02/25/2014)

1 Proposed Order

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Feb. 25, 2014

Feb. 25, 2014

PACER
21

NOTICE OF LODGING filed re [Proposed] Order Continuing Hearing Date of Preliminary Injunction Motion re Stipulation to Continue, 20 (Attachments: # 1 Proposed Order)(Held, Jeffrey) (Entered: 02/25/2014)

1 Proposed Order

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Feb. 25, 2014

Feb. 25, 2014

PACER
22

ORDER by Judge George H. King, re Notice of Lodging 21 . The Hearing re Preliminary Injunction Motion is continued to May 12, 2014 at 9:30 a.m. (shb) (Entered: 02/28/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER
23

DECLARATION of Kim Snowden In Support Of MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im 5 filed by Plaintiff Prison Legal News. (Thompson, Blake) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

PACER
24

Opposition to Plaintiff's Preliminary Injunction Motion; Memorandum of Points and Authorities and Declarations in Support Thereof Opposition re: MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im 5 filed by Defendants Rick Barrios, Rick Barrios, County of Ventura, Geoff Dean, Geoff Dean, Linda Oksner, Linda Oksner, Gary Pentis, Gary Pentis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Held, Jeffrey) (Entered: 03/31/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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March 31, 2014

March 31, 2014

PACER
25

ANSWER to Complaint - (Discovery),, 1 with JURY DEMAND filed by Defendants Rick Barrios(individual), Rick Barrios(official capacities), County of Ventura, Geoff Dean(in their individual), Geoff Dean(official capacities), Linda Oksner(official capacities), Linda Oksner(individual), Gary Pentis(official capacities), Gary Pentis(in their individual).(Held, Jeffrey) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

PACER
26

ORDER SETTING SCHEDULING CONFERENCE by Judge George H. King. Counsel shall read this order carefully and shall have available the Federal Rule of Civil Procedure 26 in complying with this Order. I. THIS MATTER IS SET FOR SCHEDULING CONFERENCE ON: MONDAY, JUNE 2, 2014 AT 1:30 P.M., at the Roybal Federal Building and Courthouse, 255 E. Temple Street, Suite 650, Los Angeles, California. Counsel primarily responsible for the conduct of this litigation and who has the authority to enter into stipulations and to make admissions regarding all matters that the participants may reasonably anticipate may be discussed, or the party if unrepresented, SHALL ATTEND IN PERSON. (See order for further details). (shb) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
27

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery), 25 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

PACER
28

REPLY in Support of MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im 5 filed by Plaintiff Prison Legal News. (Attachments: # 1 Declaration of John L. Clark in Reply in Support of Plaintiff's Motion for Preliminary Injunction, # 2 Declaration of Paul Wright in Reply in Support of Plaintiff's Motion for Preliminary Injunction, # 3 Declaration of Emilie Palazuelos in Reply in Support of Plaintiff's Motion for Preliminary Injunction, # 4 Declaration of Kevin Jones in Reply in Support of Plaintiff's Motion for Preliminary Injunction)(Thompson, Blake) (Entered: 04/18/2014)

1 Declaration of John L. Clark in Reply in Support of Plaintiff's Motion for

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2 Declaration of Paul Wright in Reply in Support of Plaintiff's Motion for Pr

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3 Declaration of Emilie Palazuelos in Reply in Support of Plaintiff's Motion

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4 Declaration of Kevin Jones in Reply in Support of Plaintiff's Motion for Pr

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April 18, 2014

April 18, 2014

PACER
29

PLAINTIFF'S EVIDENTIARY OBJECTIONS TO DECLARATIONS FILED IN SUPPORT OF DEFENDANTS' OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION re MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im 5 filed by Plaintiff Prison Legal News. (Thompson, Blake) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

PACER
30

ORDER by Judge George H. King The document is accepted as filed. CERTIFICATE OF INTERESTED PARTIES FILED FEBRUARY 25, 2014. RE: Answer to Complaint (Discovery), 25 (shb) (Entered: 04/22/2014)

April 21, 2014

April 21, 2014

PACER
31

APPLICATION for attorney Lance Weber to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13742349 paid.) filed by Plaintiff Prison Legal News. (Attachments: # 1 Proposed Order)(Vogel, Brian) (Entered: 04/30/2014)

1 Proposed Order

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April 30, 2014

April 30, 2014

PACER
32

ORDER by Judge George H. King: granting 31 Application to Appear Pro Hac Vice by Attorney Lance T. Weber on behalf of Plaintiff, designating Brian A. Vogel as local counsel. (lt) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
33

EX PARTE APPLICATION to Supplement Opposition to Preliminary Injunction Motion; Declaration of Defense Counsel Appended re Objection/Opposition (Motion related),,, 24 filed by Defendants Rick Barrios(individual), Rick Barrios(official capacities), County of Ventura, Geoff Dean(in their individual), Geoff Dean(official capacities), Linda Oksner(official capacities), Linda Oksner(individual), Gary Pentis(official capacities), Gary Pentis(in their individual). (Attachments: # 1 Supplement Opposition to Preliminary Injunction Motion, # 2 Proposed Order re Supplemental Opposition to Preliminary Injunction Motion)(Held, Jeffrey) (Entered: 05/06/2014)

1 Supplement Opposition to Preliminary Injunction Motion

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2 Proposed Order re Supplemental Opposition to Preliminary Injunction Motion

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May 6, 2014

May 6, 2014

PACER
34

NOTICE OF LODGING filed re [Proposed] Order re EX PARTE APPLICATION to Supplement Opposition to Preliminary Injunction Motion; Declaration of Defense Counsel Appended re Objection/Opposition (Motion related),,, 24 33 (Attachments: # 1 Proposed Order)(Held, Jeffrey) (Entered: 05/06/2014)

1 Proposed Order

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May 6, 2014

May 6, 2014

PACER
35

OPPOSITION to EX PARTE APPLICATION to Supplement Opposition to Preliminary Injunction Motion; Declaration of Defense Counsel Appended re Objection/Opposition (Motion related),,, 24 33 filed by Plaintiff Prison Legal News. (Galvan, Ernest) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

PACER
36

MINUTE IN CHAMBERS ORDER Continuing Hearing on Plaintiffs Motion forPreliminary Injunction [Dkt. No. 5] by Judge George H. King: On the Courts own motion, Plaintiffs Motion for Preliminary Injunction, currently set forhearing on May 12, 2014, is hereby CONTINUED to May 14, 2014 at 9:00 a.m. (shb) (Entered: 05/09/2014)

May 9, 2014

May 9, 2014

PACER
37

MINUTES OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION 5 : Motion Hearing held before Judge George H. King: Defendants may file a supplemental opposition that addresses their newly asserted administrative burden argument by Friday, May 16, 2014. Plaintiff may file a written response to Defendants supplemental opposition by Friday, May 23, 2014. This matter will be taken under submission at that time. Court Reporter: Khowoonsun Chong. (shb) (Entered: 05/14/2014)

May 14, 2014

May 14, 2014

PACER
38

TRANSCRIPT ORDER as to Prison Legal News Prison Legal News Court Reporter. Court will contact Ernest Galvan at egalvan@rbgg.com with any questions regarding this order. Transcript portion requested: Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Galvan, Ernest) (Entered: 05/14/2014)

May 14, 2014

May 14, 2014

PACER
39

SUPPLEMENT to MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im 5, EX PARTE APPLICATION to Supplement Opposition to Preliminary Injunction Motion; Declaration of Defense Counsel Appended re Objection/Opposition (Motion related),,, 24 33 Supplemental Opposition to Preliminary Injunction Motion filed by Defendants Rick Barrios, Rick Barrios, County of Ventura, Geoff Dean, Geoff Dean, Linda Oksner, Linda Oksner, Gary Pentis, Gary Pentis. (Attachments: # 1 Declaration Exhibit A)(Held, Jeffrey) (Entered: 05/16/2014)

1 Declaration Exhibit A

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May 16, 2014

May 16, 2014

PACER
40

TRANSCRIPT ORDER as to Defendants Rick Barrios(individual), Rick Barrios(official capacities), County of Ventura, Geoff Dean(in their individual), Geoff Dean(official capacities), Linda Oksner(official capacities), Linda Oksner(individual), Gary Pentis(official capacities), Gary Pentis(in their individual) Court Reporter. Court will contact Kyle Robson at Krobson@wps-law.net with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 05/14/2014. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Held, Jeffrey) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
41

REPORT of Parties' Planning Meeting filed by Plaintiff Prison Legal News. (Galvan, Ernest) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

RECAP
42

TRANSCRIPT for proceedings held on May 14, 2014, at 9:03 A.M. Court Reporter: Khowoonsun Chong, CSR 12907, phone number 213-894-3507. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/10/2014. Redacted Transcript Deadline set for 6/20/2014. Release of Transcript Restriction set for 8/18/2014. (kch) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
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NOTICE OF FILING TRANSCRIPT filed for proceedings held on May 14, 2014, at 9:03 A.M. re Transcript 42 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kch) TEXT ONLY ENTRY (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
44

SUPPLEMENT to MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im 5 filed by Plaintiff Prison Legal News. (Attachments: # 1 Declaration of John L. Clark in Support of Plaintiff's Response to Defendants' Supplemental Opposition, # 2 Declaration of Ron McAndrew in Support of Plaintiff's Response to Defendants' Supplemental Opposition, # 3 Declaration of Paul Wright in Support of Plaintiff's Response to Defendants' Supplemental Opposition)(Galvan, Ernest) (Entered: 05/23/2014)

1 Declaration of John L. Clark in Support of Plaintiff's Response to Defendan

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2 Declaration of Ron McAndrew in Support of Plaintiff's Response to Defendant

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3 Declaration of Paul Wright in Support of Plaintiff's Response to Defendants

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May 23, 2014

May 23, 2014

PACER
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PLAINTIFF'S EVIDENTIARY OBJECTIONS TO DECLARATION OF TRACY AGUILAR re MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im 5 filed by Plaintiff Prison Legal News. (Galvan, Ernest) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
46

MINUTES (IN CHAMBERS): ORDER re: Plaintiff's Motion for Preliminary Injunction [Dkt. No.5] by Judge George H. King: This matter is before us on Plaintiff's Motion for Preliminary Injunction ("Motion"). We have considered the papers filed in support of and in opposition to the Motion and the Parties' arguments at the May 14 hearing. We have also considered Defendants' supplemental opposition and Plaintiff's response, which we granted the Parties leave to file after the May 14 hearing. [Dkt. No. 37]. As the Parties are familiar with the facts, we will repeat them only as necessary. Accordingly, we rule as follows: Plaintiff's Motion is GRANTED in full. We exercise our discretion to waive the bond requirement in light of PLN's limited financial resources. See Save Our Sonoran, Inc. v. Flowers, 408 F.3d.11113, 1126 (9th Cir.2004). Pending final resolution of this litigation, Defendant SHALL suspend enforcement of the postcard-only policy for incoming mail within 21 days hereof. Defendants SHALL forthwith give senders of rejected mail written notice and an opportunity to appeal the rejection decision, and SHALL not reject mail for containing "suggestive" content, Xeroxed material, or subscription order forms. Within 7 days hereof, PLN SHALL propose a suitable preliminary injunction incorporating this Order. Within 7 days thereafter, Defendant may file any objection as to the form of the proposed preliminary injunction. (bp) (Entered: 05/30/2014)

May 29, 2014

May 29, 2014

PACER
47

MINUTES OF (IN CHAMBERS) SCHEDULING CONFERENCE AND ORDER: Scheduling Conference held before Judge George H. King. We now enter the following scheduling order: Any stipulation or motion to amend as to any claims, defenses and/or parties shall be lodged/filed by no later than July 2, 2014, failing which it shall be deemed that partys waiver of any such amendments in thisaction. All discovery (fact and expert) shall be COMPLETED by no later than November 21, 2014. The parties shall designate their expert witnesses, and make the required disclosures, by no later than October 17, 2014, and do likewise for any rebuttal expert witnesses by no later than November 7, 2014. The parties shall comply with Local Rule 16-15 by no later than December 5, 2014. No motion for summary judgment may be filed without a joint certification by counsel that they have complied in good faith with Local Rule 16-15 as set forth above. Any motion for summary judgment shall be filed in compliance with the Local Rules, as well as our Order Re: Summary Judgment Motions issued concurrently herewith, by no later than January 16, 2015, and noticed for hearing thereafter regularly under the Local Rules. The court will set pre-trial conference and trial dates, if necessary, after resolution of the summary judgment motion(s), if any. Failure by any party and/or counsel to strictly comply with the Federal and Local Rules, as well as our Orders, will result in the imposition of an appropriate sanction against the offending party/counsel. (See order for further details)Court Reporter: N/A. (shb) (Entered: 06/04/2014)

June 2, 2014

June 2, 2014

PACER
48

ORDER RE SUMMARY JUDGMENT MOTIONS by Judge George H. King. A deadline for dispositive motions has been set in the above-captioned case. Any motion(s) for summary judgment SHALL comply with all Federal and Local Rules, as well as this Order. Please be advised that this Order contains requirements more specificthan the Local and Federal Rules. (See order for details). (shb) (Entered: 06/04/2014)

June 2, 2014

June 2, 2014

PACER
49

NOTICE OF LODGING OF PROPOSED PRELIMINARY INJUNCTION ORDER re MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im 5 filed by Plaintiff Prison Legal News. (Attachments: # 1 Proposed Order)(Galvan, Ernest) (Entered: 06/05/2014)

1 Proposed Order

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June 5, 2014

June 5, 2014

PACER
50

MINUTE ORDER IN CHAMBERS by Magistrate Judge Jay C. Gandhi: ORDER REGARDING SETTLEMENT CONFERENCE. READ THIS ORDER CAREFULLY. ( Settlement Conference set for 6/23/2014 10:00 AM before Magistrate Judge Jay C. Gandhi.) (twdb) (Entered: 06/06/2014)

June 5, 2014

June 5, 2014

RECAP
51

ORDER by Judge George H. King: GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. IT IS ORDERED that Defendant County of Ventura and individual Defendants, DEAN, PENTIS, OKSNER and BARRIOS and their successors, officers, agents, employees, and all others in active concert or participation with them who receive actual notice of this injunction by personal service or otherwise SHALL suspend enforcement of the postcard-only policy for incoming mail no later than June 19,2014. Defendants shall not refuse to deliver correspondence sent to inmates at the County's jails on the ground that correspondence is not written on a postcard. IT IS FURTHER ORDERED that Defendants SHALL not refuse to deliver correspondence, catalogs or subscription orders or other materials. IT IS FURTHER ORDERED that Defendants SHALL NOT refuse to deliver correspondence to inmates at the Jail on the basis that the materials were Xeroxed, photocopied or printed from the internet. IT IS FURTHER ORDERED that Defendants SHALL NOT refuse to deliver copies of publications from Plaintiff or other publishers on account of sexually "suggestive" content unless the publication contains actual nudity or graphic depictions of sexual acts. IT IS FURTHER ORDERED that Defendants shall provide written notice an administrative appeal process to senders and inmates when Defendants refuse to deliver publications and correspondence to inmates at the County's jails. Within 30 days if the issuance of this order, the parties shall confer regarding the specific policy, procedure and forms for providing notice and an appeal process. IT IS FURTHER ORDERED that the bond requirement is waived. N person who has notice of this injunction shall fail to comply with it, nor shall any person subvert the injunction by any sham, indirection or other artifice. (shb) (Entered: 06/17/2014)

June 16, 2014

June 16, 2014

RECAP
52

SCHEDULING NOTICE by Magistrate Judge Jay C. Gandhi. The settlement conference scheduled for June 23, 2014 at 10:00 A.M. was vacated on the Court's own motion, due to exigent circumstances, and shall be rescheduled at the earliest opportunity. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lbe) TEXT ONLY ENTRY (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

PACER
53

SCHEDULING NOTICE by Magistrate Judge Jay C. Gandhi. Settlement Conference has been rescheduled to 7/2/2014 at 10:00 AM before Magistrate Judge Jay C. Gandhi. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lbe) TEXT ONLY ENTRY (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

PACER
54

NOTICE OF APPEAL to the 9th CCA filed by Defendants Rick Barrios(individual), Rick Barrios(official capacities), County of Ventura, Geoff Dean(in their individual), Geoff Dean(official capacities), Linda Oksner(official capacities), Linda Oksner(individual), Gary Pentis(official capacities), Gary Pentis(in their individual). Appeal of Order on Motion for Preliminary Injunction,,,,, 46, Order on Ex Parte Application to Supplement,,,,,,, 51 (Appeal fee FEE NOT PAID.) (Attachments: # 1 Appendix Minute Order of 5.29.14, # 2 Appendix Order 6.16.14)(Held, Jeffrey) (Entered: 06/27/2014)

1 Appendix Minute Order of 5.29.14

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2 Appendix Order 6.16.14

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June 27, 2014

June 27, 2014

PACER
55

NOTIFICATION by Circuit Court of Appellate Docket Number 14-56029, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 54 . (dmap) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

PACER
56

FILING FEE LETTER issued as to Defendants Rick Barrios, Rick Barrios, County of Ventura, Geoff Dean, Geoff Dean, Linda Oksner, Linda Oksner, Gary Pentis, Gary Pentis, re Notice of Appeal to 9th Circuit Court of Appeals 54 . (dmap) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

PACER
57

MINUTES OF Order Regarding Settlement Conference held before Magistrate Judge Jay C. Gandhi: The matter was resolved pursuant to a written settlement agreement and an accompanying proposed stipulated permanent injunction. The parties shall effectuate dismissal of this action forthwith. Court Recorder: CS 7/2/14. (mt) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
58

STIPULATION to Dismiss Defendants Geoff Dean(in their individual), Linda Oksner(official capacities), Gary Pentis(official capacities), Rick Barrios(individual), Gary Pentis(in their individual), Rick Barrios(official capacities), Linda Oksner(individual) filed by Defendants Geoff Dean(in their individual), Linda Oksner(official capacities), Geoff Dean(official capacities), Gary Pentis(official capacities), Rick Barrios(individual), Gary Pentis(in their individual), Rick Barrios(official capacities), Linda Oksner(individual), County of Ventura. (Attachments: # 1 Proposed Order)(Held, Jeffrey) (Entered: 08/18/2014)

1 Proposed Order

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Aug. 18, 2014

Aug. 18, 2014

PACER
59

NOTICE OF LODGING filed re [Proposed] Order for Partial Prejudicial Dismissal re Individual Defendants re Stipulation to Dismiss Party,, 58 (Attachments: # 1 Proposed Order)(Held, Jeffrey) (Entered: 08/18/2014)

1 Proposed Order

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Aug. 18, 2014

Aug. 18, 2014

PACER
60

ORDER by Judge George H. King, GRANTING Stipulation for Partial Prejudicial Dismissal re Individual Defendants 58 . IT IS HEREBY ORDERED as follows:1. All named and fictitious defendants are hereby dismissed with prejudiceas to any state or federal cause of action in any state or federal court, including any claim for legal and/or equitable relief, except as otherwise provided herein. 2. These named defendants being dismissed with prejudice are Geoff Dean, in his individual capacity only, Gary Pentis, Rick Barrios, and Linda Oksner, in their personal, individual and official capacities.3. Each side is to fully and permanently bear all of its and their own past,present, and future attorneys fees and ordinary and expert costs, with the single exception of future fees and costs relating to monitoring, more clearly described in the order approving the stipulated permanent injunction.4. The only remaining proper defendants are and will be the County ofVentura and the current sheriff of the Ventura County Sheriffs Office, but only in his or her official capacity. 5. The dismissal with prejudice of the individual defendants in all capacities was an integrally negotiated aspect of the settlement reached with the assistance of Magistrate Judge Jay C. Gandhi during the negotiations conducted in federal court on July 2, 2014.6. The Court retains jurisdiction pursuant to the terms of the StipulatedPermanent Injunction which will be issued forthwith. (shb) (Entered: 08/22/2014)

Aug. 22, 2014

Aug. 22, 2014

PACER
61

STIPULATION for Permanent Injunction filed by Plaintiff Prison Legal News.(Vogel, Brian) (Entered: 08/27/2014)

Aug. 27, 2014

Aug. 27, 2014

PACER
62

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 54 filed by Geoff Dean, Rick Barrios, Linda Oksner, Gary Pentis, County of Ventura, CCA # 14-56029. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. Order received in this district on 9/2/2014. (dmap) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
63

PERMANENT INJUNCTION filed by Judge George H. King. IT IS HEREBY ORDERED that the Sheriff of Ventura County (the Sheriff), and Defendant County of Ventura (the County) and their successors, officers, agents, servants, employees, and attorneys, and all others in active concert or participation with them who receive actual notice of this injunction by personal service or otherwise (hereinafter referred to collectively as Defendants), SHALL NOT refuse to deliver correspondence to or from inmates at the Countys jails on the ground that correspondence is not written on a postcard. IT IS FURTHER ORDERED that Defendants SHALL implement and abide by the policy for incoming mail (attached hereto as Exhibit B) within thirty (30) days of the date of the entry of this ORDER. Ventura County Sheriffs Office, Detention Services Division, SHALL conduct a four (4) hour training block in order to adequately familiarize all mailroom staff persons with the provisions of the attached mail policy and will thereafter conduct two (2) hour annual legal updates. Defendants SHALL NOT refuse to deliver correspondence, catalogs or subscription order forms to inmates at the Jail on the basis that inmates cannot order subscriptions or other reading materials. IT IS FURTHER ORDERED that the monitoring and compliance procedures described herein shall continue until this Permanent Injunction is terminated. During the pendency of this Injunction, Plaintiff shall not file new actions in this Court or in any other Federal orState Court against Defendants, including those who have been dismissed,concerning any matter prohibited or mandated by the provisions of this injunction. Defendants shall file a motion to terminate this Order no earlier than July 31, 2017, upon demonstration of substantial compliance with the terms of this Order within the calendar year preceding the filing of the motion and shall notify Plaintiff, in writing, of their intent to do so no laterthan thirty (30) days prior to filing any such motion. This procedure will be deemed to have satisfied Central District Local Rule 7-3. (See order for further details). (MD JS-6. Case Terminated) (shb) (Entered: 09/04/2014)

Sept. 4, 2014

Sept. 4, 2014

RECAP
64

NOTICE of Change of address by Blake Thompson attorney for Plaintiff Prison Legal News. Changing attorneys address to 50 Fremont St, 19th Floor, San Francisco CA 94105. Filed by Plaintiff Prison Legal News. (Thompson, Blake) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
65

REQUEST TO SUBSTITUTE ATTORNEY Anthony A. Zepeda in place of attorney Jeffrey Held filed by defendants County of Ventura, Geoff Dean(in their individual), Geoff Dean(official capacities). (Attachments: # 1 Proposed Order) (Attorney Anthony Allen Zepeda added to party County of Ventura(pty:dft), Attorney Anthony Allen Zepeda added to party Geoff Dean(pty:dft), Attorney Anthony Allen Zepeda added to party Geoff Dean(pty:dft)) (Zepeda, Anthony) (Entered: 12/30/2015)

1 Proposed Order

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Dec. 30, 2015

Dec. 30, 2015

PACER
66

ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge George H. King: granting 65 Request to Substitute Attorney: The Court hereby orders that the request of: County of Ventura, Geoff Dean, Defendant, to substitute Anthony A. Zepeda, who is Retained Counsel, as attorney of record instead of Lisa Shyer and Jeffrey Held. (bm) (Entered: 01/05/2016)

Jan. 4, 2016

Jan. 4, 2016

PACER
67

NOTICE OF MOTION AND MOTION to Vacate Permanent Injunction,,,,,,,, 63 motion to terminate stipulated permanent injunction filed by defendants County of Ventura, Geoff Dean(official capacities). (Zepeda, Anthony) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
68

NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Vacate Permanent Injunction,,,,,,,, 63 motion to terminate stipulated permanent injunction 67 filed by Plaintiff Prison Legal News. (Galvan, Ernest) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
69

MINUTES ORDER GRANTING MOTION TO TERMINATE STIPULATED PERMANENT INJUNCTION (IN CHAMBERS) by Judge Virginia A. Phillips granting 67 MOTION to Vacate: Based on the record before the Court, Defendants are entitled to the relief they seek because they have complied substantially with the terms of the stipulated permanent injunction within the calendar year preceding the filing of the Motion. Accordingly, the Court GRANTS the Motion. The stipulated permanent injunction entered on September 3, 2014 is hereby TERMINATED. (see document for further details) (bm) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

RECAP

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Prison Legal News

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 31, 2014

Closing Date: Nov. 16, 2017

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A non-profit legal journal aimed at public and prisoner education.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of Ventura (Ventura), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $350,000

Order Duration: 2014 - 2017

Content of Injunction:

Preliminary relief granted

Training

Issues

General:

Mail

Type of Facility:

Government-run