Case: Gilman v. Brown

2:05-cv-00830 | U.S. District Court for the Eastern District of California

Filed Date: April 7, 2005

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On April 7, 2005, a California state prisoner serving a life sentence with possibility of parole file a pro se lawsuit in the U.S. District Court for the Eastern District of California against members of the Board of Parole Hearings (formerly the Board of Prison Terms and Parole) and the governor of California, under 42 U.S.C. § 1983. The plaintiff asked the court for injunctive relief, alleging that the defendants maintained a review practices violated the Due Process Clause of the Fourteenth…

On April 7, 2005, a California state prisoner serving a life sentence with possibility of parole file a pro se lawsuit in the U.S. District Court for the Eastern District of California against members of the Board of Parole Hearings (formerly the Board of Prison Terms and Parole) and the governor of California, under 42 U.S.C. § 1983. The plaintiff asked the court for injunctive relief, alleging that the defendants maintained a review practices violated the Due Process Clause of the Fourteenth Amendment. Specifically, the plaintiff alleged that the defendants maintained a systematic pattern of denial of parole solely based on unchangeable factors, such as the offence and pre-imprisonment conduct.

The case then spent several years in discovery and motion practice. On June 2, 2008, the Magistrate Judge Gregory G. Hollows designated legal counsel for the plaintiff, who then filed Corrected Fourth Amended Complaint on January 29, 2009. The complaint contained eight named plaintiffs, but was filed as a class action seeking to represent all California prisoners serving life sentence with possibility of parole. On March 4, 2009, the Court (Judge Lawrence Karlton) granted class certification to the plaintiffs, defining the class as California state prisoners who: (i) have been sentenced to a term that includes life; (ii) are serving sentences that include the possibility of parole; (iii) are eligible for parole; and (iv) have been denied parole on one or more occasions. The defendants appealed the class certification to the Ninth Circuit Court of Appeals, which granted the petition to appeal on June 2, 2009.

The District Court started receiving motions to intervene. On October 15, 2009, the District Court (Judge Lawrence Karlton) granted the defendants' motion to stay proceedings pending interlocutory appeal in part. The proceedings were stayed only in relation to the pending motions to intervene, but denied in other respects without prejudice.

On February 4, 2010, the District Court (Judge Lawrence Karlton) denied the motion to dismiss as to the plaintiff's Ninth Cause of Action. With the separate order filed on the same day, the Court granted the plaintiffs' preliminary injunction as to Proposition 9 enjoining enforcement of Proposition 9 as to the named plaintiffs, as the plaintiffs showed the likelihood of success on the merits as to their Ex Post Facto challenge. The Court stated that the application of Proposition 9 will cause irreparable harm absent a preliminary injunction due to the changes the Proposition 9 made in relation to increase in minimum deferral periods, the Board of Parole Hearings discretion and increase in maximum deferral periods. The Court, however, dismissed the Substantive Due Process claim of the plaintiffs as to Proposition 9.

The defendants filed an interlocutory appeal as to preliminary injunction on March 3, 2010. They also filed a motion to stay enforcement of the preliminary injunction on March 5, 2010. On April 7, 2010, the District Court (Judge Lawrence Karlton) granted stay only in relation to one of the named plaintiffs, but the injunction remained in effect in relation to other named plaintiffs.

On June 3, 2010, the Ninth Circuit Court of Appeals affirmed the order granting class certification. In the meantime, the District Court received a lot of motions to intervene to be considered class members. On September 15, 2010, the District Court (Judge Lawrence Karlton) denied all the motions. The Court also kept receiving a number of motions for permissive joinder, all of which were denied by the Court.

On January 24, 2011, the Ninth Circuit Court of Appeals (Judge Carlos Bea) issued an order and opinion on the appeal as to preliminary injunction. The Court reversed the decision of the District Court, stating that the District Court abused its discretion and the plaintiffs did not establish that they are likely to succeed on the merits, as there was nothing on the facts in the record to infer that Proposition 9 created a significant risk of prolonging plaintiffs' incarceration. Gilman v. Schwarzenegger, 638 F.3d 1101, 1111 (9th Cir. 2010).

On April 25, 2010, the District Court (Judge Lawrence Karlton) issued an order amending the definitions of certified class. As to the Eighth Cause of Action, the class is defined all California state prisoners who have been sentenced to a life term with possibility of parole for an offense that occurred before November 4, 2008. As to the Ninth Cause of Action, the class is defined all California state prisoners who have been sentenced to a life term with possibility of parole for an offense that occurred before November 8, 1988.

The plaintiffs filed a motion for class-wide preliminary injunction in relation to the enforcement of Proposition 9 in violation of Ex Post Facto clause, on November 19, 2010. The plaintiffs relied on statistical data in support of granting the injunction. On August 31, 2011, the Court (Judge Lawrence Karlton) appointed a neutral statistical expert to analyze the data. Based on the analysis of the data, the expert could not conclude that there is likely to be a risk of prolonged incarceration under Proposition 9 procedures. The Court (Judge Lawrence Karlton) denied the motion for preliminary injunction on April 4, 2012.

On March 3, 2012, the defendants entered a motion for judgment on the pleadings. On May 30, 2012, the Court (Judge Lawrence Karlton) issued an order granting the motion in relation to three claims, as they challenged the substance of the parole decisions, including the complaint that the Board relies on static factors when making the decisions.

On September 7, 2012, the Court (Judge Lawrence Karlton) denied the plaintiffs' motion to file the Fifth Amended Complaint. It also granted the defendants' unopposed motion to de-certify classes for several causes of action. As a result, only the Ex Post Facto challenges to Proposition 9 and the Governor's powers remained as class actions.

On May 6, 2013, the Court (Judge Lawrence Karlton) denied the plaintiffs' motion for summary judgment and preliminary injunction as to remaining causes of action, as well as defendants' motion for summary judgment and motion to de-certify remaining classes.

Following a trial, the District Court (Judge Lawrence Karlton) issued an order that both Proposition 9 and Proposition 89 violated the Ex Post Facto rights of the class members, on February 28, 2014. The Court stated that there was sufficient evidence that Proposition 9's increase of deferral periods for parole hearing created a significant risk of imposing longer periods of incarceration on the class than was the case when the offence was committed. Furthermore, the advanced hearing proceedings available under Proposition 9 is not sufficient to protect against Ex Post Facto problems created by Proposition 9. The Court stated that, although Proposition 89 is neutral on its face allowing the Governor to reverse both grants and denials of parole, in practice it was used to tip the scales against parole grants. In effect, it denied the class members right to neutral interpretation of the rules, available prior to the new law. The Court, thus declared, both Proposition 9 and Proposition 89, as implemented, violated the ex post facto clauses. The Court also ordered injunctive relief, so that the Board of Parole Hearings is to apply California Penal Code to all members of the class as it existed prior to Proposition 9, and so that the Governor of California is to use the same standards as the Board of Parole Hearings when reviewing cases.

The defendants filed an appeal to the Ninth Circuit Court of Appeals on March 27, 2014, in relation to the final judgment and all interlocutory orders.

The plaintiffs filed a motion for attorney's fees on March 28, 2014. The court granted $34,201.56 in attorney's fees on Jul. 28, 2014.

The case was reassigned to Chief Judge Morrison C. England, Jr. on Feb. 22, 2016.

The Ninth Circuit reversed the district court's order on Feb. 22, 2016. The court first argued that "Proposition 89 remains only a transfer of decisionmaking power, which does not violate the Ex Post Facto Clause." 814 F.3d 1007. The court then argued that the district court erred in "basing its findings principally on speculation and inference" regarding Proposition 9. 814 F.3d 1007. The Ninth Circuit argued that the district court did not have enough evidence to support a finding that "an as-applied Ex Post Facto Clause violation...occurred" and that "proving a significant risk of prolonged incarceration in parole cases requires exacting evidence," a standard not met by "a decrease in the frequency of parole hearings—without more." 814 F.3d 1007.

In response, on May 9, 2017, the district court vacated its prior judgment, ordered a judgment be entered for the defendants, and ordered the case closed.

The case is closed.

Summary Authors

Zhandos Kuderin (4/20/2014)

Virginia Weeks (11/5/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5685909/parties/paul-madden-v-fisher/


Judge(s)

Bea, Carlos T. (California)

Callahan, Consuelo Maria (California)

Delaney, Carolyn K. (California)

England, Morrison C. Jr. (California)

Karlton, Lawrence K. (California)

Kozinski, Alex (California)

Noonan, John T. Jr. (California)

Attorneys(s) for Plaintiff

Arthur, Phillip L. (California)

Broderick, Daniel J. (California)

Knox, Monica (California)

Judge(s)

Bea, Carlos T. (California)

Callahan, Consuelo Maria (California)

Delaney, Carolyn K. (California)

England, Morrison C. Jr. (California)

Karlton, Lawrence K. (California)

Kozinski, Alex (California)

Noonan, John T. Jr. (California)

Attorneys(s) for Plaintiff

Arthur, Phillip L. (California)

Broderick, Daniel J. (California)

Knox, Monica (California)

McClintock, Ann Catherine (California)

Porter, David M. (California)

Scoble, Matthew McCrary (California)

White, Carter C. (California)

White [inactive], Carter Capps (California)

Attorneys(s) for Defendant

Acquisto, Stephen (California)

Cassidy, Terence J (California)

Chan, Maria G. (California)

Neill, Jennifer Anne (California)

Pott, Michael William (California)

Rench, Christopher John (California)

Romano, Sara (California)

Williams, Glen Andrew (California)

Other Attorney(s)

Berk, Richard (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

May 9, 2017 Docket
1

Complaint

April 15, 2005 Complaint
158

Order [Continuation on motions to amend complaint, to certify a plaintiff class, and for a preliminary injuction]

Gilman v. Davis

Dec. 23, 2008 Order/Opinion
175

Corrected Fourth Amended/Supplemental Complaint for Declaratory and Injunctive Relief - Class Action

Gilman v. Shwartzenegger

Jan. 29, 2009 Complaint
183

Order

Gilman v. Davis

2009 WL 577768

March 4, 2009 Order/Opinion
155

Order

Gilman v. Davis

March 4, 2009 Order/Opinion
204

Order [To submit briefs regarding effect of the Ninth Circuit's grant of permission on this court's jurisdiction, order granting the parties' stipulation of August 5, 2009, Doc. 202]

Gilman v. Davis

Aug. 11, 2009 Order/Opinion
212

Order

Gilman v. Davis

2009 WL 3365858

Oct. 15, 2009 Order/Opinion
217

Order

Gilman v. Davis

690 F.Supp.2d 1105

Feb. 4, 2010 Order/Opinion
218

Order

Gilman v. Davis

2010 WL 434215

Feb. 4, 2010 Order/Opinion

Resources

Title Description External URL

California: Ninth Circuit Reverses Finding that Props 9 and 89 are Unconstitutional

Prison Legal News

In February 2014, following a bench trial, U.S. District Court Judge Lawrence K. Karlton found that two California laws created as a result of state ballot initiatives “retrospectively increased puni… Aug. 2, 2016 https://www.prisonlegalnews.org/news/2016/aug/2/california-ninth-circuit-reverses-finding-props-9-and-89-are-unconstitutional/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5685909/paul-madden-v-fisher/

Last updated May 20, 2022, 3:32 a.m.

ECF Number Description Date Link
1

COMPLAINT against all defendants, filed by Richard M Gilman.(Kirkpatrick, S) (Entered: 04/27/2005)

April 27, 2005
7

ORDER signed by Judge Gregory G. Hollows on 7/12/05. Plaintiff shall submit, w/in 30 days from date of Order, an Affidavit in support if Request to Proceed IFP on form provided. Clerk directed to send plaintiff an Application to Proceed IFP by a Prisoner.(Marciel, M)

July 13, 2005 RECAP
2

MOTION to PROCEED IN FORMA PAUPERIS by Richard M Gilman. (Kirkpatrick, S) (Entered: 04/27/2005)

April 27, 2005
14

ORDER signed by Judge Gregory G. Hollows on 7/26/05. A separate civil action is to opened for plaintiff Michael J. Brodheim. 5 Amended Complaint filed 5/23/05 is DISMISSED. Clerk directed to send each plaintiff a new form for filing a civil rights action and a new IFP Application. Plaintiffs' 6 8 9 13 Requests are VACATED as are those of defendants filed on 7/18/02 10 11 . (Marciel, M)

July 27, 2005 RECAP
16

ORDER signed by Judge Gregory G. Hollows on 10/26/05. Dfts Perez, Blonien, and Welch must file their response to 8/4/05 amd cmp within 30 days. Clk is directed to issue and send pla 2 summonses and 6 copies of Consent to Proceed before a US Magistrate form with this order. Clk shall serve upon pla a copy of Local Rules of the Court.(Dotson, B)

Oct. 27, 2005 RECAP
3

PRISONER NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Litigant Letter) (Kirkpatrick, S) (Entered: 04/27/2005)

April 27, 2005
31

ORDER signed by Judge Gregory G. Hollows on 1/23/06 DENYING 20 Request for Order directing service upon dfts Schwarzenegger and Kenneally by USM, and GRANTING 20 Request for Extension of time to effect service upon dfts Schwarzenegger and Kenneal ly. Plaintiff must, w/in 60 days, serve process upon defendants Schwarzenegger and Kenneally. Plaintiff must serve dfts w/ a copy of the 10/27/05 order, summons, and 8/4/05 second amended complaint. Plaintiff must also include a copy of this order. T he clerk is directed to re-issue and re-send plaintiff, two summons for Schwarzenegger and Kenneally. The clerk shall also send plaintiff one copy of the 8/4/05 second amended complaint, two copies of the Consent and a copy of the order filed on October 27, 2005 with this order.(Donati, J)

Jan. 23, 2006 RECAP

RECEIPT number 2049032 for $250.00 for civil case filing fee from CA Medical Facility for Gilman (Marcotte, D) (Entered: 05/13/2005)

May 13, 2005
4

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Richard M Gilman. (Dotson, B) (Entered: 05/17/2005)

May 16, 2005
38

ORDER signed by Judge Gregory G. Hollows on 3/22/06. 36 Discovery requests filed by Richard M. Gilman will be placed in the file and disregarded.(Dotson, B)

March 23, 2006 RECAP
48

ORDER signed by Judge Gregory G. Hollows on 5/3/06 ORDERING that plaintiff's 30 request to proceed IFP is GRANTED, but no filing fee is due, plaintiff having paid in full; service is appropriate as yet unserved defendants: Gov. Arnold Schwarze negger and Dennis Kenneally; clerk shall send plaintiff 2 USM forms, one summons, and instruction sheet and a copy of the 8/4/05 second amended complaint and the notice of submission of documents to be completed and returned within 30 days from the date of this order. (Caspar, M) Modified on 5/4/2006 (Caspar, M).

May 4, 2006 RECAP
5

FIRST AMENDED COMPLAINT filed by Richard Gilman and Michael Brodheim against Noreen Blonien, L Dininni, Jones Moore, Booker Welch, M. Perez and Arnold Schwartzenegger. (Servantes, G) (Entered: 05/24/2005)

May 23, 2005
6

REQUEST (MOTION) for Court to direct that service of Complaint be effected by the US Marshall by Richard M. Gilman. (Servantes, G) (Entered: 07/05/2005)

July 1, 2005
49

ORDER signed by Judge Gregory G. Hollows on 5/3/06 ORDERING that defendants' 4/5/06 41 motion for a protective order staying discovery as to defendants Perez and Welch is GRANTED, subject to a showing by plaintiff within 20 days of the filed d ate of this order; plaintiff's 4/17/06 42 motion for an extension of time to file his opposition to the 4/4/06 39 motion for summary judgment is GRANTED and plaintiff must file his opposition within 30 days of the filed date of this order; any reply to plaintiff's opposition will be due within 7 days of the filing and service dates. (Caspar, M)

May 4, 2006 RECAP

SERVICE BY MAIL: 7 Order served on Michael J Brodheim, Richard M. Gilman (w/IFP Application sent to plaintiffs). (Marciel, M) Modified on 7/13/2005 (Marciel, M). (Entered: 07/13/2005)

July 13, 2005
60

ORDER AND ORDER DIRECTING SERVICE BY THE USM without prepayment of costs signed by Judge Gregory G. Hollows on 6/23/06. The Clerk is directed to fwd the instructions for service of process, the completed summons, copies of the 8/4/05 second amended c omplaint and copies of this order to the USM. Within 10 days from the date of this order, the USM is directed to notify dfts Gov. Arnold Schwarzennegger and Dennis Kenneally of this action. Dfts shall reply to the 8/4/05 second amended complaint within the time provided by the applicable provisions of FRCP 12(a). The Clerk shall serve pltf w/a copy of the lr's of court. (Kastilahn, A)

June 23, 2006 RECAP
61

ORDER signed by Judge Gregory G. Hollows on 7/25/06 ORDERING that pltf's 27 "motion for summary judgment" is DISREGARDED as such, and construed, instead, as a motion to strike the jury trial demand from the answer of dfts Blonien, Pe rez and Welch; as construed, pltf's motion is GRANTED and dfts' demand for a jury trial is STRICKEN from their answer; pltf's 37 motion to substitute a party is GRANTED, Susan Fisher added, M. Perez terminated. Motions terminated.(Yin, K)

July 26, 2006 RECAP
8

REQUEST (MOTION) to modify plaintiffs' request for court to direct service of complaint by USM filed by Michael J. Brodheim and Richard M. Gilman. (Girgis, C) (Entered: 07/14/2005)

July 13, 2005
66

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/29/07. Plaintiff's Motion for Continuance of defendants' 39 MOTION for SUMMARY JUDGMENT is GRANTED and the stay of plaintiff's discovery requests upon defendants Fisher and Wel ch is LIFTED. Defendants' Motion for Summary Judgment is VACATED from Court's calendar. Defendants Fisher and Welch directed to produce plaintiff, w/in 30 days, only the specific pages of decision portion of parole consideration hearing. Clerk to note in docket that case caption of matter be modified and "Gilman v Perez, et al".(Marciel, M) Modified on 3/28/2007 (Marciel, M).

Jan. 30, 2007 RECAP
9

NOTICE regarding representation of defendant by Michael J. Brodheim and Richard M. Gilman (Girgis, C) (Entered: 07/14/2005)

July 13, 2005
10

APPLICATION/REQUEST for Screening and an Extension of Time byNoreen Blonien, L Dininni, Jones Moore, Booker Welch, M. Perez with Proposed Order . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Declaration of service)(Acquisto, Stephen) (Entered: 07/18/2005)

July 18, 2005
70

ORDER signed by Judge Lawrence K. Karlton on 3/6/07 ORDERING that, upon reconsideration, the order of the magistrate judge filed 1/30/07 66 is AFFIRMED and Dfts' 2/13/07 motion for a stay of discovery 67 is DENIED. (Engbretson, K.)

March 7, 2007 RECAP
74

ORDER signed by Judge Gregory G. Hollows on 3/28/07 ORDERING that 73 Ex Parte Application is DISREGARDED as Moot and Clarifying the Protective order re: 68 Motion to Clarify. (Donati, J)

March 28, 2007 RECAP
11

First Amended MOTION to AMEND/CORRECT signatures Request for Screening and Extension of Time by Noreen Blonien, L Dininni, Jones Moore, Booker Welch, M. Perez. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Declaration of service)(Acquisto, Stephen) (Entered: 07/18/2005)

July 18, 2005
12

RESPONSE by plaintiffs Michael J Brodheim and Richard M. Gilman to 7 Order. Notice of payment of fees. (Dotson, B) (Entered: 07/21/2005)

July 20, 2005
80

ORDER signed by Judge Gregory G. Hollows on 4/6/07 ORDERING that defendants will produce only the specific pages of the decision portion of parole consideration hearing transcripts. Defense counsel has agreed that any argument that this production do es not constitutre a sufficient representative sample is waived. Defendants must produce and make available to plaintiff the transcripts, as set forth in this order, within 30 days of the filed date of this order. Upon service of the transcripts and re-notice of the summary judgment motion, plaintiff will have 30 days to review the production and to file an opposition or supplemental opposition. Transcripts will be stored in a secure location at the prison, preferably in the senior librarian 9;s office in the prison law library. Plaintiff will have full access to the transcripts, but he will only have access while he is in the prison law library. The defendants are to ascertain that plaintiff is GRANTED the most latitude possible to be i n the law library to review the records. Defendants will have 15 days, following service of any supplemental opposition by plaintiff to their dispositive motion, to file a reply. Re 71 Motion for Protective Order, 75 Motion to Compel Discovery and 76 Motion for Sanctions. (Donati, J) Modified on 2/26/2008 (Donati, J).

April 6, 2007 RECAP
96

ORDER signed by Judge Gregory G. Hollows on 6/19/07 re 95 MOTION for EXTENSION of time is DENIED as MOOT. Plaintiff to file his supplemental opposition and cross-motion for summary judgment on or before July 9, 2007. (Cayo, A)

June 19, 2007 RECAP
13

REQUEST for USM to serve dft Schwarzenegger by Michael J Brodheim, Richard M. Gilman. Notice of confirmation of waiver of service received for dft Welch. (Dotson, B) (Entered: 07/21/2005)

July 20, 2005
109

ORDER signed by Judge Gregory G. Hollows on 8/13/2007 ORDERING 106 Dfts 8/6/2007 Motion to Vacate the 9/28/2007 Pretrial Conference and 12/11/2007 trial dates set in the 1/23/2007 Scheduling order is GRANTED 65 . The dates for the pretrial conference, for filing pretrial statements, and for a jury trial will be re-set, if appropriate, upon adjudication of the pending dispositive motions. (Reader, L)

Aug. 14, 2007 RECAP
116

ORDER signed by Judge Gregory G. Hollows on 9/5/07 partially GRANTING 114 Request for extension of time. Plaintiff is GRANTED 20 days from this date of this order to file his reply. There will be no further extension. (Anderson, J)

Sept. 5, 2007 RECAP
117

ORDER signed by Judge Lawrence K. Karlton on 09/11/07 ORDERING that upon reconsideration, 109 Order by Magistrate Judge is AFFIRMED. (Benson, A)

Sept. 12, 2007 RECAP
15

AMENDED COMPLAINT against defendants filed by Richard M. Gilman.(Girgis, C) (Entered: 08/05/2005)

Aug. 4, 2005
120

ORDER signed by Judge Gregory G. Hollows on 9/20/07 DENYING 118 MOTION to APPOINT COUNSEL. (Anderson, J)

Sept. 20, 2007 RECAP
124

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/7/08 ORDERING that plaintiff's 115 motion for a thirty-day extension of timeto file a reply to defendants' opposition to plaintiff's (cross-) m otion for summary judgment is DISREGARDED in light of the court's recommendation that the cross-motion be denied. Plaintiff's 89 motion, for a continuance of the renoticed motion for summary judgment brought by defendants Blonien, Fisher , Welch and Kenneally is DENIED. Plaintiff's 82 "motion to determine sufficiency of objections," construed as a motion to compel discovery, is DENIED as moot. Plaintiff's 83 motion to compel discovery, filed on April 23, 200 7 is DENIED. Plaintiff's 84 motion to compel discovery is DENIED as moot. It is RECOMMENDED that the 39 motion for summary judgment, filed on April 4, 2006, and renoticed on May 4, 2007 85 by defendants Blonien, Welch and Perez (now Fishe r), in which defendant Kenneally joined on May 25, 2007 87 be denied. Defendant Schwarzenegger's 92 motion for summary judgment, filed on June 7,2007, be denied. Plaintiff's 101 (cross-) motion for summary judgment be denied. This matter be set for a bench trial. Objections due within 20 days after being served with these findings and recommendations. Any reply to the objections due within ten days after service of the objections. (Duong, D) Modified on 3/11/2008 (Duong, D).

March 7, 2008 RECAP
17

SUMMONS ISSUED as to *Arnold Schwarzenegger* with answer to complaint due within *20* days. Attorney *Richard M. Gilman, C−47508* *California Medical Facility* *PO Box 2500* *Vacaville, CA 95696−2500*. (Dotson, B) (Entered: 10/27/2005)

Oct. 27, 2005
126

ORDER ADOPTING in FULL 124 FINDINGS and RECOMMENDATIONS, signed by Senior Judge Lawrence K. Karlton on 3/31/08. Motion 39 for summary judgment filed on 4/4/06 and renoticed on 5/4/07 85 by dfts Blonien, Welch and Perez (now Fisher), in which dft Kenneally joined on 5/25/07 87 is DENIED. Dft Schwarzenegger's motion 92 for summary judgment is DENIED. Pltf's cross-motion 101 for summary judgment is DENIED. This matter will be set for bench trial. (Kastilahn, A)

March 31, 2008 RECAP
18

SUMMONS ISSUED as to *Dennis Kenneally* with answer to complaint due within *20* days. Attorney *Richard M. Gilman, C−47508* *California Medical Facility* *PO Box 2500* *Vacaville, CA 95696−2500*. (Dotson, B) (Entered: 10/27/2005)

Oct. 27, 2005

SERVICE BY MAIL: 16 Order and 17 , 18 Issued Summons served on Richard M. Gilman with Local Rules and 6 copies of Consent forms. (Dotson, B) (Entered: 10/27/2005)

Oct. 27, 2005
127

FURTHER SCHEDULING ORDER signed by Magistrate Judge Gregory G. Hollows on 4/3/08. Plaintiff shall file and serve his Pretrial Statement and any Motions necessary to obtain attendance of witnesses on or before 6/6/08. Defendants shall file their Pretrial Statement or or before 6/20/08. Pretrial Conference set for 6/27/08 before Magistrate Judge Hollows and shall be conducted on file ONLY. The dates for Trial Confirmation Hearing and Bench Trial will be set in Pretrial Order. (Marciel, M)

April 3, 2008 RECAP
132

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/27/2008 re 130 Request for Clarification filed by Richard M. Gilman.(Matson, R)

May 27, 2008 RECAP
19

REQUEST (entitled motion) for clarification of 14 Order by Richard M. Gilman. (Caspar, M) (Entered: 11/02/2005)

Nov. 1, 2005
21

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Richard M. Gilman. (Dotson, B) (Entered: 11/15/2005)

Nov. 14, 2005
134

ORDER signed by Magistrate Judge Gregory G. Hollows on 06/02/08 GRANTING 133 Motion to Appoint Counsel; Appointed Carter C. White and David M. Porter for Richard M. Gilman; the Clerk shall make available to counsel a copy of the file; counsel shall submit all deposition transcript costs for payment; the court's 04/03/08 127 further scheduling order, including the requirements for filing pretrial orders, is VACATED. Status Conference set for 6/12/2008 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.(Manzer, C)

June 2, 2008 RECAP
135

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/3/08 ORDERING that M. Hochino take the place of Dft Kenneally and J. Davis take the place of Dft Fisher. Dfts Kenneally and Fisher are hereby DISMISSED from this action. (Engbretson, K.)

June 6, 2008 RECAP
22

CERTIFICATE of SERVICE by Richard M. Gilman of 20 Request and 21 Decline of Jurisdiction of US Magistrate Judge. (Dotson, B) (Entered: 11/15/2005)

Nov. 14, 2005
138

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/20/08 ORDERING that if plaintiff elects to proceed upon an amended complaint, plaintiff must file a third amended complaint within thirty days. Should plaintiff name additional defendants, as plaintiffs counsel anticipates, counsel is responsible for serving the third amended complaint upon any newly named defendants.(Kastilahn, A)

June 20, 2008 RECAP
23

SUMMONS RETURNED EXECUTED by Richard M. Gilman. Arnold Schwarzenegger and Dennis Kenneally served on 11/5/2005. (Dotson, B) (Entered: 11/17/2005)

Nov. 16, 2005
24

ANSWER to AMENDED COMPLAINT by Noreen Blonien, Booker Welch, M. Perez. (Attachments: # 1 Declaration of Service)(Acquisto, Stephen) (Entered: 11/21/2005)

Nov. 21, 2005
140

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/21/08 GRANTING plaintiff 60 days, up to and including 9/22/08 to file a third amended complaint.(Becknal, R)

July 22, 2008 RECAP
25

REQUEST (Motion) for order directing dft's counsel to honor 14 court's severance of pltfs Gilman from Brodheim by Richard M. Gilman.(Yin, K) (Entered: 12/08/2005)

Dec. 7, 2005
142

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 09/25/08 GRANTING pltf an additional 14 days up to and including 10/06/08 to file a third amended complaint. (Manzer, C)

Sept. 25, 2008 RECAP
26

OBJECTIONS (Motion) to 24 dft's demand for jury trial by Plaintiff Richard M. Gilman. (Yin, K) (Entered: 12/08/2005)

Dec. 7, 2005
147

STIPULATION and ORDER 144 to consider the third amended complaint as timely filed, signed by Magistrate Judge Gregory G. Hollows on 10/16/08. (Kastilahn, A)

Oct. 16, 2008 RECAP
27

MOTION for SUMMARY JUDGMENT as to dfts' demand for jury trial by Richard M. Gilman. (Yin, K) (Entered: 12/08/2005)

Dec. 7, 2005
151

ORDER signed by Magistrate Judge Gregory G. Hollows on 12/8/08 ORDERING the the Court's order filed November 20, 2008 149 is VACATED. Plaintiffs shall file their motion for leave and for class certification on or before December 12, 2008. (Becknal, R)

Dec. 8, 2008 RECAP
28

REQUEST for extension of time for service of summons by Richard M. Gilman. Request for USM−285 forms and costs to serve additional dfts. (Dotson, B) (Entered: 12/13/2005)

Dec. 12, 2005
158

ORDER signed by Senior Judge Lawrence K. Karlton on 12/23/08 ORDERING that the hearings on motions 154 , 155 and 157 are CONTINUED to January 30, 2009 at 10 AM. Oppositions or statements of non-opposition SHALL be filed not later than January 5, 2009. Replies, if any, SHALL be filed not later than January 12, 2009; The referral of discovery to the magistrate judge remains in effect. All law and motion practice shall be set for hearing before the undersigned. The parties shall refer to the case in future filings as No. Civ. 2:05-cv-00830 LKK/GGH, dropping the P designation at the end.(Becknal, R)

Dec. 23, 2008 RECAP
29

REQUEST for 2 USM forms and a schedule of Marshal fees for service by Richard M. Gilman. (Caspar, M) (Entered: 12/22/2005)

Dec. 21, 2005
160

STIPULATION and ORDER re 159 signed by Senior Judge Lawrence K. Karlton on 1/5/09. Responses to Motion to Amend Complaint 154 , Motion for Class Certification 155 , and Motion for Prelim Injunction 157 are DUE by 1/9/09. Reply briefs, if any, are DUE by 1/16/09.(Kastilahn, A)

Jan. 5, 2009 RECAP
30

MOTION to PROCEED IN FORMA PAUPERIS by Richard M. Gilman. [MAINTAIN ON PAPER] (Dotson, B) (Entered: 01/12/2006)

Jan. 11, 2006
181

ORDER signed by Senior Judge Lawrence K. Karlton on 2/25/09 ORDERING that pursuant to the request of plaintiffs, and good cause appearing therefor, plaintiffs shall file their motion for leave and for class certification on or before December 15, 2008. (Becknal, R)

Feb. 25, 2009 RECAP
182

ORDER signed by Senior Judge Lawrence K. Karlton on 3/4/2009 GRANTING plaintiffs' 155 Motion for Class Certification. (Marciel, M)

March 4, 2009 RECAP
183

ORDER signed by Senior Judge Lawrence K. Karlton on 3/4/2009 DENYING defendants' 162 Motion to Strike Third Amended Complaint and GRANTING plaintiffs' 154 Motion for Leave to file a Fourth Amended /Supplemental Complaint. (Marciel, M)

March 4, 2009 RECAP
32

SUMMONS ISSUED as to *Arnold Schwarzenegger* with answer to complaint due within *20* days. Attorney *Richard M. Gilman, C−47508* *California Medical Facility* *PO Box 2500* *Vacaville, CA 95696−2500*. (Donati, J) (Entered: 01/23/2006)

Jan. 23, 2006
186

STIPULATION and ORDER 185 signed by Senior Judge Lawrence K. Karlton on 03/19/09 ORDERING that the time for Dfts to respond to Pltfs' fourth amended complaint is extended to 3/30/09. (Engbretson, K.)

March 20, 2009 RECAP
33

SUMMONS ISSUED as to *Dennis Kenneally* with answer to complaint due within *20* days. Attorney *Richard M. Gilman, C−47508* *California Medical Facility* *PO Box 2500* *Vacaville, CA 95696−2500*. (Donati, J) (Entered: 01/23/2006)

Jan. 23, 2006
199

STIPULATION and ORDER 198 for extension of time signed by Senior Judge Lawrence K. Karlton on 7/8/2009. The time for service of Fourth Amended/Supplemental Complaint on all defendants is EXTENDED to and including 8/3/2009. (Marciel, M)

July 8, 2009 RECAP
34

DISCOVERY ORDER signed by Judge Gregory G. Hollows on 1/23/06 ORDERING that discovery in this action be governed by this order and all relevant FRCP and Local Rules.(Donati, J) (Entered: 01/23/2006)

Jan. 23, 2006
204

ORDER signed by Senior Judge Lawrence K. Karlton on 08/11/09 ORDERING the parties to submit briefing not to exceed 15 pages regarding the effect of the Ninth Circuit's grant of permission on this court's jurisdiction over this case, and reg arding the effect of that decision on the motions currently under submission. Such additional briefing shall be filed w/i 15 court days of the date of this order. The court further grants the 202 parties' stipulation of 08/05/09. Service of pr ocess of the Fourth Amended/Supplemental Complaint on behalf of the Commissioners and Deputy Commissioners in their official capacities has been completed, and responsive pleading by those dfts to the Fourth Amended/Supplemental Complaint shall be filed w/i 20 days from the Court's ruling on dft's motion to dismiss. (Benson, A.)

Aug. 11, 2009 RECAP

SERVICE BY MAIL: 31 Order, 32 Summons, 33 Summons, 34 Discovery Order, 16 Order, 15 Amended Complaint, and 3 Two Consent Forms served on Richard M. Gilman (Donati, J) (Entered: 01/23/2006)

Jan. 23, 2006
212

ORDER signed by Senior Judge Lawrence K. Karlton on 10/15/2009 ORDERING; 208 Motion to Stay is GRANTED in part as to 200 201 Motions to Intervene. In all other respects, the motion to stay is DENIED WITHOUT PREJUDICE. The parties may commence with discovery and other proceedings relevant to the claims of the named plaintiffs. (Suttles, J) Modified on 10/15/2009 (Manzer, C).

Oct. 15, 2009 RECAP
35

REQUEST (motion) for court to direct service by USM upon dfts' failure to comply with request for waiver of service by Richard M. Gilman. Delaration of Richard M. Gilman. (Dotson, B) (Entered: 03/02/2006)

March 1, 2006
215

ORDER signed by Magistrate Judge Gregory G. Hollows on 01/11/10 ordering that the hearing on plaintiff's motion to compel discovery responses and to strike objections 213 is rescheduled to Thursday 01/28/10 at 10:00 a.m. (Plummer, M) Modified on 1/12/2010 (Plummer, M). Modified on 1/13/2010 (Plummer, M).

Jan. 12, 2010 RECAP
37

MOTION to SUBSTITUTE PARTY due to resignation by Richard M. Gilman. (Caspar, M) (Entered: 03/09/2006)

March 8, 2006
217

ORDER signed by Senior Judge Lawrence K. Karlton on 02/04/10 ORDERING that plfs' 157 Motion for Preliminary Injunction is GRANTED as to the named plfs. Defendants and their agents are ENJOINED from enforcing the provisions of Proposition 9 th at amend former California Penal Code section 3041.5(b)(2)(A) as to the named plaintiffs. Dfts' 164 Motion to Strike is DENIED; dfts' 187 Motion to Dismiss is GRANTED IN PART. Plaintiffs' substantive due process challenge to Propo sition 9 is DISMISSED W/O PREJUDICE. Defendants' motion to dismiss is DENIED as to plfs' Ex Post Facto challenge to Proposition 9. As explained in the concurrently filed order, dfts' motion to dismiss is also DENIED as to plfs' ninth claim, challenging Cal. Const. Art. V, § 8(b). (Benson, A.)

Feb. 4, 2010 RECAP
218

ORDER signed by Senior Judge Lawrence K. Karlton on 02/04/10 ORDERING that 187 dfts' motion to dismiss is DENIED as to plfs' ninth claim. As explained in the courts concurrently-filed order, dfts' motion to dismiss is GRANTED IN PART as to plfs' eighth claim, which challenges Proposition 9 of 2008. (Benson, A.)

Feb. 4, 2010 RECAP
220

ORDER signed by Magistrate Judge Gregory G. Hollows on 2/8/10 and stipulated between the parties RESETTING the Motion to Compel Hearing for 3/4/2010 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Yin, K)

Feb. 8, 2010 RECAP
39

MOTION for SUMMARY JUDGMENT ;Supporting Memorandum of Points and Authorities and Notice by Noreen Blonien, Booker Welch, M. Perez. (Acquisto, Stephen) Modified on 5/7/2007 (Donati, J). (Entered: 04/04/2006)

April 4, 2006
235

ORDER signed by Senior Judge Lawrence K. Karlton on 3/3/2010 DENYING without prejudice 229 Ex Parte Application to shorten time filed by Arnold Schwarzenegger. Defendants may either re-notice the motion for a stay for 4/5/2010 or file renewed application to shorten time explaining why a hearing on 4/5/2010 will be inadequate. (Waggoner, D)

March 3, 2010 RECAP
40

STATEMENT of Undisputed Facts by Defendants Noreen Blonien, Booker Welch, M. Perez re 39 MOTION for SUMMARY JUDGMENT ;Supporting Memorandum of Points and Authorities and Notice . (Attachments: # 1 Declaration of Tom Remy)(Acquisto, Stephen) (Entered: 04/04/2006)

April 4, 2006
237

ORDER signed by Magistrate Judge Gregory G. Hollows on 03/04/10 ordering defendants are to produce in electronic form, within 30 days, parole hearing transcripts for 50% of the 6200 lifer inmates on defendants' list referenced at hearing, b eginning with no. 1, and producing the transcript thereafter for every other inmate on the list (in other words, producing the transcript for those inmates on the list whose list number would be 1, 3, 5,7, et seq); in addition, defendants are to prod uce the list of 6200 inmates itself to plaintiffs within the same time period. No later than 03/15/10, the parties must file a joint supplemental statement setting forth an agreed statistically reasonable percentage of "lifer packets" to be produced by defendants, or their positions regarding such. (Plummer, M)

March 5, 2010 RECAP
41

MOTION for PROTECTIVE ORDER ;Memorandum of Points and Authorities and Notice by Noreen Blonien, Booker Welch, M. Perez. (Attachments: # 1 Exhibit A,B,C)(Acquisto, Stephen) (Entered: 04/05/2006)

April 5, 2006
248

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 3/22/2010 and agreed between the parties to EXTEND TIME for the parties to respond to the 3/5/2010 court's order. (Yin, K)

March 22, 2010 RECAP
42

MOTION for EXTENSION of time to file oppositions to defendants' 39 motion for summary judgment and defendants' 41 motion for protective order staying discovery by Richard M. Gilman. (Caspar, M) (Entered: 04/18/2006)

April 17, 2006
256

ORDER signed by Senior Judge Lawrence K. Karlton on 4/7/10: The order of February 4, 2010, granting a preliminary injunction is STAYED SOLELY AS TO PLAINTIFF GILMAN. The injunction remains in effect as to plaintiffs OLSON and FOWLER 217 . All motio ns to intervene and/or for permissive joinder are STAYED pending resolution of the appeal of class certification. These include: 222 Stephen Liebb), 223 (Edward S. Renteria), 224 (David Monroe), 225 (Felix Lucero), 227 (Noel Valdivia, Sr., 233 (Clement Brown), 241 (Richard Gonzales), 244 (Reginald Cooper), 251 (Kenneth Scott Rodgers), 253 (Keith Augustine). (Kaminski, H)

April 7, 2010 RECAP
43

RESPONSE (Declaration) in OPPOSITION to 39 Motion for Summary Judgment. (Yin, K) (Entered: 04/25/2006)

April 24, 2006
260

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/28/2010 ORDERING that pltf's 213 motion to compel discovery responses is VACATED w/out prejudice. (Yin, K)

June 29, 2010 RECAP
44

ITEMIZED RESPONSE by Richard M. Gilman to dfts' 40 Statement of Undisputed Facts. (Yin, K) (Entered: 04/25/2006)

April 24, 2006
262

ORDER signed by Senior Judge Lawrence K. Karlton on 7/8/2010 ORDERING the MOTION HEARING as to 259 MOTION for PRELIMINARY INJUNCTION to Expand Preliminary Injunction to Entire Class is continued to 8/9/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Matson, R)

July 8, 2010 RECAP
45

STATEMENT of Disputed Facts by Plaintiff Richard M. Gilman. (Yin, K) (Entered: 04/25/2006)

April 24, 2006
270

ORDER signed by Senior Judge Lawrence K. Karlton on 9/15/2010 ORDERING the motions to intervene filed by the following people are denied: Michael L. Hughes, ECF No. 200; Raymond Scott, ECF No. 201; Stephen Liebb, ECF No. 222; Edward S. Renteria, ECF No. 223; David Monroe, ECF No. 224; Felix Lucero, ECF No. 225; Noel Valdivia, ECF No. 227; Clement Brown, ECF No. 233; Richard Gonzalez, ECF No. 241; Stephen Eric Walker, ECF No. 244; Kenneth Scott Rodgers, ECF No. 251; Keith Augustine, ECF No. 253; George Bubier, ECF No. 255;David Scott Curtis, ECF No. 266; Stephen Eric Walker, ECF No. 268; and John Laponte, ECF No. 269. The Clerk is instructed to serve a copy of this order upon the sixteen individuals named above at the addresses listed in their motions. (Matson, R)

Sept. 15, 2010 RECAP
46

RESPONSE in OPPOSITION to 41 Motion for Protective Order by pltf. (Yin, K) (Entered: 04/25/2006)

April 24, 2006
274

ORDER signed by Senior Judge Lawrence K. Karlton on 9/22/2010 DENYING 271 Motion for permissive joinder filed by Dennis J. Peddy. The Clerk of Court is instructed to serve a copy of this order upon Dennis J. Peddy at the address listed in his motion. (cc: D.J.Peddy/CSP-Solano). (Reader, L)

Sept. 23, 2010 RECAP
47

LETTER Advising Court of Documents Received from Plaintiff by Defendant which were not Filed at Court by M. Perez (Acquisto, Stephen) Modified on 5/3/2006 (Caspar, M). (Entered: 05/01/2006)

May 1, 2006
275

ORDER signed by Senior Judge Lawrence K. Karlton on 9/22/2010 DENYING 272 Motion for permissive joinder filed by Russell A. Bowden. The Clerk of Court is instructed to serve a copy of this order upon Russel A. Bowden, Edwin D. McMillan, Donnie Holland, Aaron Sprague, Henry Murray, Charles Wiseman, Abraham Glasper, Edward Jones, Richard Smith, Jesse Pena and Mark A. Ballou, at the addresses listed in their motion. (cc: listed parties/CSATF-Corcoran) (Reader, L)

Sept. 23, 2010 RECAP
276

ORDER signed by Senior Judge Lawrence K. Karlton on 09/27/10 DENYING 273 Motion for Permissive Joinder by Jeffrey P. Perrotte. (Williams, D)

Sept. 28, 2010 RECAP
278

ORDER signed by Senior Judge Lawrence K. Karlton on 10/1/10 ORDERING that the MOTION for permissive joinder, ECF 277 is DENIED. The Clerk is instructed to serve a copy of this order upon Phillip Adams at the address listed in his motion. (Mena-Sanchez, L)

Oct. 1, 2010 RECAP
281

STANDING 251 STIPULATED ORDER signed by Judge Gregory G. Hollows on 11/10/2010. (Marciel, M)

Nov. 10, 2010 RECAP
51

NOTICE of SUBMISSION of DOCUMENTS: 1 comoleted summons, 2 completed USM forms and 3 copies of the 8/4/05 second amended complaint by Richard M. Gilman (Caspar, M) (Entered: 05/12/2006)

May 11, 2006
294

ORDER signed by Magistrate Judge Gregory G. Hollows on 12/9/10 ORDERING that Pltf's 279 Motion to Compel is GRANTED pursuant to a modified protective order to be submitted. Deft's are to submit, within 7 days, a protective order that complies with the court's modifications. Once submitted as directed, the court will approve the proposed protective order. Defts will have 14 days to produce the subject discovery documents. (Owen, K)

Dec. 9, 2010 RECAP

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: April 7, 2005

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Californian prisoners serving life sentence with a possibility of parole

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Governor of California (Sacramento), State

California Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Ex Post Facto

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

None

Amount Defendant Pays: 34,201.56

Order Duration: 2014 - None

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Goals (e.g., for hiring, admissions)

Issues

General:

Parole grant/revocation