Case: McKibben v. McMahon

5:14-cv-02171 | U.S. District Court for the Central District of California

Filed Date: Oct. 22, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 22, 2014, a class of prisoners from San Bernardino County Jail filed suit in the U.S. District Court for the Central District of California, under 42 U.S.C. §1983 and various state laws, against the San Bernardino County Sheriff's Department and San Bernardino County. The plaintiffs, represented by private counsel and the ACLU of Southern California, sought damages, injunctive relief, and attorney's fees, alleging "systematic discrimination and denial of equal treatment" experienced …

On October 22, 2014, a class of prisoners from San Bernardino County Jail filed suit in the U.S. District Court for the Central District of California, under 42 U.S.C. §1983 and various state laws, against the San Bernardino County Sheriff's Department and San Bernardino County. The plaintiffs, represented by private counsel and the ACLU of Southern California, sought damages, injunctive relief, and attorney's fees, alleging "systematic discrimination and denial of equal treatment" experienced by gay, lesbian, and transgender prisoners from San Bernardino County Jail. More specifically, the inmates argued that inmates who identified as gay, lesbian, or transgender were transferred and isolated from the general population, where they were denied equal access to opportunities to reduce their sentences, services, and programs and facilities. The inmates also alleged that they were often treated in an abusive and neglectful manner, being subject to derogatory name-calling and severe disciplinary measures.

The plaintiffs filed an amended complaint on January 14, 2015, and a second amended complaint on May 20. The plaintiffs sought to define the following four classes:

The California Damages Class consisting of "individuals who currently are, were in the past (within six months prior to the filing of Veronica Pratt’s Govt. Code §910 claim), or will be in future (until such time as the unlawful policies and practices cease or judgment is entered in this case), GBT inmates housed in the ALT."

The Federal Damages Class consisting of: "individuals who currently are, were in the past (within two years of the filing of this complaint) or will be in future (until such time as the unlawful policies and practices cease or judgment is entered in this case), GBT inmates housed in the ALT."

The California Injunctive Relief Class consisting of "individuals who currently are, or in the future without the intervention of this Court will be, GBT inmates housed in the ALT and subject to the unlawful treatment set forth in this Complaint."

The Federal Injunctive Relief Class consisting of "individuals who currently are, or in the future without the intervention of this court will be, GBT inmates housed in the ALT and subject to the unlawful treatment set forth in this Complaint."

On March 23, 2015, defendants moved to dismiss plaintiffs' claim, arguing that the plaintiffs did not allege facts sufficient to establish the elements required by state law and that governmental immunity shielded them from liability. On April 17, 2015, Judge Bernal granted in part and denied in part the defendants' motion to dismiss. The court found that the plaintiffs had sufficiently alleged coercion and thus did not dismiss the state law claims, but dismissed their claim concerning the public entities' mandatory duty, finding that affirmative acts of a public entity were not required and thus did not qualify as a mandatory duty. 2015 WL 10382396.

Litigation and discovery continued as the parties progressed toward trial. Then, on March 29, 2018, the parties filed a stipulation to vacate the trial based on a conditional settlement. The settlement had three prongs: (1) a damages pool to provide monetary compensation to the individual plaintiffs and the members of a damage class; (2) attorney's fees and costs to the plaintiff's counsel; and (3) "substantive changes to San Bernardino Sheriff's Department policies and practices." The parties stipulated that they hoped to finalize the Settlement Agreement by May 15, 2018. On March 30, 2018, Judge Jesus G. Bernal granted the motion and vacated the trial.

On August 15, 2018, plaintiffs moved to certify class. There would be two categories: (1) the damages class composed of individuals who--between October 22, 2012, and March 31, 2018--were Gay, Bisexual, or Transgender (GBT) inmates housed in the Alternative Lifestyle Tank of the San Bernardino County Jail; and (2) the injunctive relief class composed of individuals who were or would be GBT inmates housed in the San Bernardino County jails.

The parties also filed their settlement agreement with the court on August 15, 2018. The class fund was in the amount of $950,000 for class members. The plaintiffs' attorney's fees and costs amounted to $1,100,000. The settlement also stipulated an injunction spanning a three-year period starting when the court approved the settlement. The injunction established a committee to discuss housing, programming, education, and employment for inmates who identified as GBT. It also expanded resources for transgender inmates and allowed inmates to choose the gender of deputies performing searches and access to hormonal medication. It also ensured equal programming, work opportunities, and out-of-cell time for GBT inmates as compared to non-GBT inmates.

On September 21, 2018, Judge Jesus G. Bernal preliminarily approved the settlement, pending a fairness hearing scheduled for February 11, 2019.

On February 28, 2019, Judge Jesus G. Bernal approved the class-action settlement. It required the defendants to produce relevant documents for three years, concluding in February 2022, to ensure compliance with the injunction outlined above. 2019 WL 1109683.

In April 2019, the parties discovered a supplemental class list of 406 bookings that fell within the class definition that were omitted from the original class list. The supplemental class list had 274 supplemental class members. In May 2019, the parties agreed to incorporate the 274 additional members. The agreement increased by $76,304.39 and the settlement payment date was pushed back. On May 10, 2019, Judge Bernal granted preliminary approval of the modified settlement, pending a final approval hearing for the supplemental class members.

On July 30, 2019, Judge Bernal approved the amended class-action settlement, incorporating the supplemental class members into the settlement. Payment began August 9, 2019.

The injunction is scheduled to end in February 2022.

Summary Authors

Priyah Kaul (10/29/2014)

Virginia Weeks (3/24/2018)

Cedar Hobbs (3/16/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4152112/parties/dan-mckibben-v-john-mcmahon/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Adams, Peter M (California)

Adli, Dariush G (California)

Alexander-Kelley, Penelope (California)

Altagen, Robert S (California)

Altman, Jonathan E (California)

Expert/Monitor/Master/Other
Judge(s)

Bernal, Jesus Gilberto (California)

Pym, Sheri (California)

Attorney for Defendant

Adams, Peter M (California)

Adli, Dariush G (California)

Alexander-Kelley, Penelope (California)

Altagen, Robert S (California)

Altman, Jonathan E (California)

Anderson, Rebecca R (California)

Arens, Edward Henry (California)

Armstrong, Bradley R (California)

Ault, Julie Ann (California)

Auxier, Joshua M. (California)

Bangerter, Jarom B (California)

Basle, Jean-Rene Claude (California)

Bates, Christopher Peyton (California)

Baum, Edwin Mark (California)

Beall, Kelly Andrew (California)

Becks, Harold G (California)

Bentz, Tamany Vinson (California)

Berke, Robert M. (California)

Bloomfield, Thomas Alan (California)

Bolnick, Joseph Scott (California)

Boyajian, Nina D (California)

Brawley, James L. (California)

Brennan, Robert Francis (California)

Brenner, Jonathan M (California)

Burgee, John Gerard (California)

Burton, John C (California)

Carter, Vincent James (California)

Caslin, Brent L (California)

Chavos, Anthony Gregory (California)

Chevalier, Alisa M (California)

Choi, Jin S (California)

Cianfrani, Joseph S (California)

Cislo, Daniel Miles (California)

Clare, Andrew Steven (California)

Coleman, Susan E. (California)

Colvin, Roger Allen (California)

Conti, Alexander L (California)

Cook, Philip Earl (California)

Corriea, Beth D (California)

Cotti, John C (California)

Coulter, Lisa M. (California)

Crane, Laura Lynn (California)

Danos, John R (California)

Dean, Kamille Rae (California)

Devlin-Brown, Arlo (California)

Disenhouse, Bruce Emery (California)

Dodd, Martin H (California)

Does, Does (California)

Donovan, David Patrick (California)

Duester, Tara M (California)

Duncan, Amy E (California)

Dupree, Jamie L (California)

Dyer, Treeca J. (California)

Emanuel, Sacha V (California)

English, Michelle Danielle (California)

Epstein, Mark Howard (California)

Everton, Benjamin J (California)

Ewing, Vincent C (California)

Fair, Whitney (California)

Feldman, Mark Allen (California)

Figueira, Elizabeth Anne (California)

Finson, Lowell Wayne (California)

Fiura, Andrew D (California)

Fleming, Kyle Bradford (California)

Ford, Algeria R (California)

Fox, Dana Alden (California)

Frontera, Nicholas E (California)

Fukumura, Koji F (California)

Gallagher, Timothy P (California)

Gdanski, Jonathan (California)

Gebelin, Steven Thomas (California)

Girardi, Thomas Vincent (California)

Gonzalez, Jason P (California)

Gost, Kimberly Jeanne (California)

Gottfried, Jonathan L (California)

Gowdy, Bryan Scott (California)

Gregorio, Sherry M (California)

Griffin, Keith David (California)

Guerrero, Gaillard D (California)

Gutierrez, Robert S (California)

Haberman, Jeffrey Louis (California)

Haist, Frederick A (California)

Haney, Steven H (California)

Hardy, Samantha D (California)

Harrison, Matthew Patrick (California)

Hasegawa, Stephen S (California)

Hassenberg, Barry (California)

Havian, Eric R (California)

Hilts, Todd J (California)

Hirschhorn, Russell Laurence (California)

Holcomb, John W (California)

Hollenbeck, Linda Tracey (California)

Holmes, Michelle Marie (California)

Holmes, Laura L (California)

Holmgren-Ganz, Laura L (California)

Horwitz, Lauren E (California)

Howard, Alan B. (California)

Hurley, Gregory F (California)

Hyde, Kevin E (California)

Inlow, Laura E (California)

Jacobson, Jeffrey S (California)

Jay, Kevin Simon (California)

Jensen, Stephen C (California)

Jr, Robert Elliot (California)

Jr, Tony R (California)

Jr, Richard J (California)

Jubelt, Mark LaRue (California)

Jung, Michael Y (California)

Kaminski, David J (California)

Karlsgodt, Paul G. (California)

Keville, Jordan Brian (California)

Kim, Princeton H (California)

Kim, Hyongsoon (California)

Kim, Christopher Taewoo (California)

Kirkland, James Eric (California)

Kowalchyk, Dean Clinton (California)

Kowalski, Nate J (California)

Kowalski, Miles (California)

Kristensen, John P (California)

Lacy, Daniel P (California)

Lagarias, Peter Clark (California)

Lallas, Tom Peter (California)

Lambert, Thomas P. (California)

Lape, Gary M (California)

Lawless, Mark Joseph (California)

Lee, Kenneth K (California)

LeMeilleur, Payson (California)

Leon, Monica de (California)

Lidman, Scott M (California)

Macasinag, Emil A (California)

Macias, Sean E (California)

Mahmood, Ghaith (California)

Mahoney, Dennis J (California)

Mandavia, Anjani (California)

Marquart, Jaime W (California)

Marra, Joseph Vincent (California)

Martinelli, Lisa Ann (California)

Mathew, Abraham P (California)

Mayer-Cantu, Jerome (California)

McCawley, Sigrid Stone (California)

McDonald, Mark R (California)

McGowan, Teresa M (California)

McGuinness, Kayleigh Ann (California)

Meadows, Megan Sara (California)

Miederhoff, Adam Lee (California)

Miller, Bradley J. (California)

Miller, Patricia (California)

Millman, Robert F (California)

Monday, Kathy L (California)

Morrow, Donald L (California)

Mounedji, Selim (California)

Mullen, Martin J (California)

Nation, Patricia (California)

Noord, Jill H (California)

Ostroff, Peter I (California)

Owens, Stephen T (California)

Oyster, Nathan A (California)

Paegel, Nelle Schruben (California)

Palmer, E Scott (California)

Palmer, Pamela S (California)

Paranhos, Elizabeth (California)

Pelayes, Tristan (California)

Pence, Richard M. (California)

Phillips, Shannon E (California)

Piccininni, Patrick J. (California)

Pinta, Christine M (California)

Poe, Mark W (California)

Powell, Angela Marie (California)

Qualls, Kenneth Lee (California)

Ramirez, Eugene P (California)

Rawcliffe, Andrew C (California)

Raygor, Kent R (California)

Re, Joseph R (California)

Refkin, Martin N (California)

Reynolds, Roland P (California)

Rice, Steven P (California)

Rodriguez, Robert C (California)

Rosenthal, Oren (California)

Rothken, Ira Perry (California)

Rowe, Lucas E (California)

Rubin, Denise Ava (California)

Rumeld, Myron D. (California)

Russell, Howard Darryl (California)

Sain, Anthony M (California)

Sandler, Hugh Daniel (California)

Scarola, John (California)

Scheibe, Benjamin D (California)

Schlesinger, Scott P. (California)

Schwartz, Jennifer (California)

Scott, Sylvia M (California)

Self, Henry L (California)

Shapiro, Howard (California)

Sheehan, Cristin E. (California)

Sheen, Raymond H (California)

Sheeran, Patrick E. (California)

Shelton, MyKhanh P (California)

Skelton, Timothy L (California)

Smith, Mark L (California)

Sobelsohn, Daniel E (California)

Spieker, Meghan O'Ryan (California)

Stockley, Jeffery E (California)

Stone, Michael B (California)

Stringer, Ruth E (California)

Strottman, Kristina Doan (California)

Sullivan, James I. (California)

Sullivan, William F (California)

Syverson, Erik S (California)

Szumiak, Paul G (California)

Tauler, Robert R. (California)

Terwilliger, Molly A (California)

Thebeau, James H (California)

Tilly, Darcie Allison (California)

Touchstone, Jaime Godin (California)

Traber, Theresa M (California)

Tracy, Teresa R (California)

Tran, John D (California)

Travis, Andrea M (California)

Tristan, Todd T (California)

Trope, Konrad Lytell (California)

Tsoi, Jeanny (California)

Vandale, Leslie F (California)

Wagner, Dennis E (California)

Wang, Songfong Tommy (California)

Westerfeld, Bryan Scott (California)

Wickham, Douglas A (California)

Wilens, Jeffrey N (California)

Winston, Lynette Gridiron (California)

Winter, Douglas D (California)

Wirtz, Richard M (California)

Witkow, Erin Cranman (California)

Wong, Heather H (California)

Wong, Ray L (California)

Woolf, Chaim Jacob (California)

Wu, Ann Dona (California)

Yahwak, Joshua Aaron (California)

Youngerman, Stephen G (California)

Zimmerman, Denise Christine (California)

Zobel, Craig Randall (California)

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Documents in the Clearinghouse

Document

5:14-cv-02171

Docket [PACER]

Aug. 29, 2019

Aug. 29, 2019

Docket
1

5:14-cv-02171

Class Action Complaint for Damages and Injunctive Relief

Oct. 22, 2014

Oct. 22, 2014

Complaint
32

5:14-cv-02171

Order (1) Granting in part and Denying in part Defendants' Motion to Dismiss (Doc. No. 24) and (2) Vacating the April 20, 2015 Hearing (IN CHAMBERS)

April 17, 2015

April 17, 2015

Order/Opinion
37

5:14-cv-02171

Class Action Second Amended Complaint for Damages and Injunctive Relief

May 20, 2015

May 20, 2015

Complaint
70

5:14-cv-02171

Stipulation to Vacate Trial and Pretrial Deadlines Based on Conditional Settlement of Entire Action

March 29, 2018

March 29, 2018

Pleading / Motion / Brief
78

5:14-cv-02171

Settlement Agreement

Aug. 15, 2018

Aug. 15, 2018

Settlement Agreement
85

5:14-cv-02171

Preliminary Approval Order

Sept. 21, 2018

Sept. 21, 2018

Order/Opinion
103

5:14-cv-02171

Order (1) Granting Plaintiffs’ Motion for Attorneys’ Fees (Dkt. No. 86); and (2) Granting Plaintiffs' Motion for Final Approval of Class Settlement (Dkt. No. 90) (IN CHAMBERS)

Feb. 28, 2019

Feb. 28, 2019

Order/Opinion
102

5:14-cv-02171

Judgment

Feb. 28, 2019

Feb. 28, 2019

Order/Opinion
124

5:14-cv-02171

Order Approving Additional Class Notice and Amended Settlement

May 10, 2019

May 10, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4152112/dan-mckibben-v-john-mcmahon/

Last updated Feb. 5, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: 0973-14654656 - Fee: $400, filed by Plaintiffs Christopher Crawford, William Kennedy, Pedro Guzman, Dan McKibben, Taheash White, Ilich Vargas, Nick Ou, Steven Price, Frederick Crockan, Michael Hatfield, Kevin Pratt, Jonathan Robertson, Sean Lint, Bryan Bagwell, Timothy Walker. (Attorney Barrett S Litt added to party Bryan Bagwell(pty:pla), Attorney Barrett S Litt added to party Christopher Crawford(pty:pla), Attorney Barrett S Litt added to party Frederick Crockan(pty:pla), Attorney Barrett S Litt added to party Pedro Guzman(pty:pla), Attorney Barrett S Litt added to party Michael Hatfield(pty:pla), Attorney Barrett S Litt added to party William Kennedy(pty:pla), Attorney Barrett S Litt added to party Sean Lint(pty:pla), Attorney Barrett S Litt added to party Dan McKibben(pty:pla), Attorney Barrett S Litt added to party Nick Ou(pty:pla), Attorney Barrett S Litt added to party Kevin Pratt(pty:pla), Attorney Barrett S Litt added to party Steven Price(pty:pla), Attorney Barrett S Litt added to party Jonathan Robertson(pty:pla), Attorney Barrett S Litt added to party Ilich Vargas(pty:pla), Attorney Barrett S Litt added to party Timothy Walker(pty:pla), Attorney Barrett S Litt added to party Taheash White(pty:pla))(Litt, Barrett) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

Clearinghouse
2

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,,, 1 filed by Plaintiffs Dan McKibben. (Litt, Barrett) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER
3

NOTICE of Interested Parties filed by Plaintiffs Dan McKibben, identifying All Named Defendants. (Litt, Barrett) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER
4

CIVIL COVER SHEET filed by Plaintiff Dan McKibben. (Litt, Barrett) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER
5

NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Sheri Pym. (vp) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER
6

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (vp) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER
7

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),,,,, 1 as to Defendants Castillas(Corporal in his official capacity), Castillas(Corporal individually), County of San Bernardino, Greg Garland(individually), Greg Garland(in his official capacity), James Mahan(Sargeant in his official capacity), James Mahan(Sargeant individually), John McMahon(Sheriff, individually), John McMahon(Sheriff in his official capacity), Jeff Rose(in his official capacity), Jeff Rose(individually), San Bernardino County Sheriff's Department. (vp) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER
8

PAPERLESS ORDER by Judge Jesus G. Bernal: The Court orders the party who filed the case-initiating documents in this action to deliver mandatory chambers copies to Judge Bernal's courtesy box located outside of Courtroom 1, 3470 Twelfth Street, Riverside, CA 92501 within 3 days of this order. See Local Rule 5-4.5; General Order No. 14.01(IV)(E). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ima) TEXT ONLY ENTRY (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
9

STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
10

PROOF OF SERVICE Executed by Plaintiff Dan McKibben(as class representative), upon Defendant County of San Bernardino served on 11/26/2014, answer due 12/17/2014. Service of the Summons and Complaint were executed upon Laura Welsh, Agent for Service in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Litt, Barrett) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER
11

PROOF OF SERVICE Executed by Plaintiff Dan McKibben(as class representative), upon Defendant John McMahon(Sheriff in his official capacity) served on 11/26/2014, answer due 12/17/2014. Service of the Summons and Complaint were executed upon Valerie Escobedo, Subpoena Clerk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Litt, Barrett) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER
12

PROOF OF SERVICE Executed by Plaintiff Dan McKibben(as class representative), upon Defendant James Mahan(Sargeant in his official capacity) served on 11/26/2014, answer due 12/17/2014. Service of the Summons and Complaint were executed upon Valerie Escobedo, Subpoena Clerk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Litt, Barrett) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER
13

PROOF OF SERVICE Executed by Plaintiff Dan McKibben(as class representative), upon Defendant Greg Garland(in his official capacity) served on 11/26/2014, answer due 12/17/2014. Service of the Summons and Complaint were executed upon Valerie Escobedo, Subpoena Clerk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Litt, Barrett) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER
14

PROOF OF SERVICE Executed by Plaintiff Dan McKibben(as class representative), upon Defendant Castillas(Corporal in his official capacity) served on 12/3/2014, answer due 12/24/2014. Service of the Summons and Complaint were executed upon Valerie Escobedo, Subpoena Clerk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Litt, Barrett) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER
15

PROOF OF SERVICE Executed by Plaintiff Dan McKibben(as class representative), upon Defendant Jeff Rose(in his official capacity) served on 11/26/2014, answer due 12/17/2014. Service of the Summons and Complaint were executed upon Valerie Escobedo, Subpoena Clerk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Litt, Barrett) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER
16

NOTICE of Appearance filed by attorney Susan E Coleman on behalf of Defendants Castillas, Castillas, County of San Bernardino, Greg Garland, Greg Garland, James Mahan, James Mahan, John McMahon, John McMahon, Jeff Rose, Jeff Rose, San Bernardino County Sheriff's Department (Attorney Susan E Coleman added to party Castillas(pty:dft), Attorney Susan E Coleman added to party Castillas(pty:dft), Attorney Susan E Coleman added to party County of San Bernardino(pty:dft), Attorney Susan E Coleman added to party Greg Garland(pty:dft), Attorney Susan E Coleman added to party Greg Garland(pty:dft), Attorney Susan E Coleman added to party James Mahan(pty:dft), Attorney Susan E Coleman added to party James Mahan(pty:dft), Attorney Susan E Coleman added to party John McMahon(pty:dft), Attorney Susan E Coleman added to party John McMahon(pty:dft), Attorney Susan E Coleman added to party Jeff Rose(pty:dft), Attorney Susan E Coleman added to party Jeff Rose(pty:dft), Attorney Susan E Coleman added to party San Bernardino County Sheriff's Department(pty:dft))(Coleman, Susan) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

PACER
17

STIPULATION Extending Time to Answer the complaint as to County of San Bernardino answer now due 1/16/2015; Jeff Rose(in his official capacity) answer now due 1/16/2015; Greg Garland(individually) answer now due 1/16/2015; Jeff Rose(individually) answer now due 1/16/2015; John McMahon(Sheriff, individually) answer now due 1/16/2015; Castillas(Corporal in his official capacity) answer now due 1/16/2015; Castillas(Corporal individually) answer now due 1/16/2015; John McMahon(Sheriff in his official capacity) answer now due 1/16/2015; Greg Garland(in his official capacity) answer now due 1/16/2015; San Bernardino County Sheriff's Department answer now due 1/16/2015; James Mahan(Sargeant in his official capacity) answer now due 1/16/2015; James Mahan(Sargeant individually) answer now due 1/16/2015, filed by Defendants County of San Bernardino; Jeff Rose(in his official capacity); Greg Garland(individually); Jeff Rose(individually); John McMahon(Sheriff, individually); Castillas(Corporal in his official capacity); Castillas(Corporal individually); John McMahon(Sheriff in his official capacity); Greg Garland(in his official capacity); San Bernardino County Sheriff's Department; James Mahan(Sargeant in his official capacity); James Mahan(Sargeant individually).(Attorney Nathan A Oyster added to party Castillas(pty:dft), Attorney Nathan A Oyster added to party Castillas(pty:dft), Attorney Nathan A Oyster added to party County of San Bernardino(pty:dft), Attorney Nathan A Oyster added to party Greg Garland(pty:dft), Attorney Nathan A Oyster added to party Greg Garland(pty:dft), Attorney Nathan A Oyster added to party James Mahan(pty:dft), Attorney Nathan A Oyster added to party James Mahan(pty:dft), Attorney Nathan A Oyster added to party John McMahon(pty:dft), Attorney Nathan A Oyster added to party John McMahon(pty:dft), Attorney Nathan A Oyster added to party Jeff Rose(pty:dft), Attorney Nathan A Oyster added to party Jeff Rose(pty:dft), Attorney Nathan A Oyster added to party San Bernardino County Sheriff's Department(pty:dft))(Oyster, Nathan) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
18

NOTICE of Interested Parties filed by Defendants Castillas(Corporal in his official capacity), County of San Bernardino, Greg Garland(individually), James Mahan(Sargeant in his official capacity), John McMahon(Sheriff, individually), Jeff Rose(in his official capacity), identifying County of San Bernardino. (Coleman, Susan) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER
19

First AMENDED COMPLAINT against All Defendants All Defendants amending Complaint (Attorney Civil Case Opening),,,,, 1, filed by All Plaintiffs Dan McKibben(as class representative) (Litt, Barrett) (Entered: 01/14/2015)

Jan. 14, 2015

Jan. 14, 2015

RECAP
20

Joint STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiffs Dan McKibben(as class representative). (Attachments: # 1 Proposed Order)(Litt, Barrett) (Entered: 01/16/2015)

1 Proposed Order

View on PACER

Jan. 16, 2015

Jan. 16, 2015

PACER
21

ORDER TO EXTEND DEADLINE FOR FILING CLASS CERTIFICATION MOTION by Judge Jesus G. Bernal, re Stipulation for Extension of Time to File 20 . The January 20, 2015 deadline to file the class certification motion is vacated. The parties shall submit a proposed schedule for such filing within 30 days from the date of this Order. If agreement cannot be reached, the parties shall submit a joint document setting out each sides proposals and the reasons therefore, after which the Court will set a schedule. (mrgo) (Entered: 01/21/2015)

Jan. 20, 2015

Jan. 20, 2015

PACER
22

STIPULATION for Extension of Time to File Response to First Amended Complaint and to set Schedule for Motion to Dismiss filed by Defendants Castillas(Corporal in his official capacity), Castillas(Corporal individually), County of San Bernardino, Greg Garland(individually), Greg Garland(in his official capacity), James Mahan(Sargeant in his official capacity), James Mahan(Sargeant individually), John McMahon(Sheriff, individually), John McMahon(Sheriff in his official capacity), Jeff Rose(in his official capacity), Jeff Rose(individually), San Bernardino County Sheriff's Department. (Attachments: # 1 Proposed Order)(Oyster, Nathan) (Entered: 01/27/2015)

1 Proposed Order

View on PACER

Jan. 27, 2015

Jan. 27, 2015

PACER
23

ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND SETTING SCHEDULE FOR MOTION TO DISMISS by Judge Jesus G. Bernal Re Stipulation 22 : IT IS HEREBY ORDERED that the following deadlines shall apply to Defendants' Motion to Dismiss certain claims in the First Amended Complaint: 1. The last day for Defendants to file a Motion to Dismiss shall be February 17, 2015. 2. Plaintiffs' opposition to the Motion to Dismiss shall be due on March 2, 2015. 3. Defendants' reply brief in support of the Motion to Dismiss shall be due on March 9, 2015. 4. The hearing on Defendants' Motion to Dismiss shall be on March 23, 2015 at 9:00am. IT IS SO ORDERED. (ad) (Entered: 01/29/2015)

Jan. 28, 2015

Jan. 28, 2015

PACER
24

NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Armando Castillo(Corporal in his official capacity), Armando Castillo(Corporal, Individually), County of San Bernardino, Greg Garland(individually), Greg Garland(in his official capacity), James Mahan(Sargeant in his official capacity), James Mahan(Sargeant individually), John McMahon(Sheriff, individually), John McMahon(Sheriff in his official capacity), Jeff Rose(in his official capacity), Jeff Rose(individually). Motion set for hearing on 3/23/2015 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Declaration, # 2 Proposed Order)(Oyster, Nathan) (Entered: 02/17/2015)

1 Declaration

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2 Proposed Order

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Feb. 17, 2015

Feb. 17, 2015

PACER
25

Joint STIPULATION to Reschedule Motion for Class Certification filed by Plaintiffs Dan McKibben(as class representative). (Attachments: # 1 Proposed Order)(Litt, Barrett) (Entered: 02/20/2015)

1 Proposed Order

View on PACER

Feb. 20, 2015

Feb. 20, 2015

PACER
26

ORDER RE DEADLINES FOR FILING CLASS CERTIFICATION MOTION by Judge Jesus G. Bernal, re Stipulation to Reschedule 25 .( Responses due by 9/21/2015, Replies due by 10/5/2015. Motion set for hearing on 10/26/2015 at 09:00 AM before Judge Jesus G. Bernal.)(Motion due by 8/31/2015.) (mrgo) (Entered: 02/24/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
27

Opposition In Opposition re: MOTION to Dismiss Case 24 filed by Plaintiff Dan McKibben. (Litt, Barrett) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

PACER
28

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-15 days, filed by Plaintiff Dan McKibben.. (Litt, Barrett) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER
29

REPLY in support MOTION to Dismiss Case 24 filed by Defendants Armando Castillo, Armando Castillo, County of San Bernardino, Greg Garland, Greg Garland, James Mahan, James Mahan, John McMahon, John McMahon, Jeff Rose, Jeff Rose. (Oyster, Nathan) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

PACER
30

SCHEDULING NOTICE: On the Court's own motion, Defendants' Motion to Dismiss the First Amended Complaint 24, is hereby continued to April 6, 2015, at 9:00 a.m. before Judge Jesus G. Bernal.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wro) TEXT ONLY ENTRY (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

PACER
31

SCHEDULING NOTICE and Order by Judge Jesus G. Bernal. On the Court's own motion, Defendants' Motion to Dismiss the First Amended Complaint (Doc. No. 24), is hereby continued to April 20, 2015, at 9:00 a.m. before Judge Jesus G. Bernal. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

PACER
32

MINUTES (IN CHAMBERS) ORDER (1) GRANTING in part and DENYING in part Defendants Motion to Dismiss (Doc. No. 24) and (2) VACATING the April 20, 2015 Hearing by Judge Jesus G. Bernal re: 24 Motion to Dismiss Case. For the foregoing reasons, the Court GRANTS in part and DENIES in part Defendants Motion. The Court: 1) DENIES Defendants Motion as to Plaintiffs cause of action under the Bane Act; and 2) DISMISSES WITHOUT LEAVE TO AMEND Plaintiffs cause of action for violation of California Government Code ยง 815.6. (See document for specifics) (mrgo) (Entered: 04/17/2015)

April 17, 2015

April 17, 2015

Clearinghouse
33

NOTICE of Appearance filed by attorney Lindsay Battles on behalf of Plaintiff Dan McKibben (Attorney Lindsay Battles added to party Dan McKibben(pty:pla))(Battles, Lindsay) (Entered: 05/07/2015)

May 7, 2015

May 7, 2015

PACER
34

Joint STIPULATION for Leave to File a Second Amended Complaint filed by Plaintiffs Dan McKibben(as class representative). (Attachments: # 1 Supplement Second Amended Complaint, # 2 Proposed Order)(McLane, David) (Entered: 05/18/2015)

1 Supplement Second Amended Complaint

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2 Proposed Order

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May 18, 2015

May 18, 2015

PACER
35

ORDER RE PLAINTIFFS STIPULATION FOR SECOND AMENDED COMPLAINT by Judge Jesus G. Bernal re: Stipulation for Leave 34 . (See document for specifics.) (iva) (Entered: 05/28/2015)

May 20, 2015

May 20, 2015

PACER
37

SECOND AMENDED COMPLAINT against defendants Armando Castillo(Corporal in his official capacity), Armando Castillo(Corporal, Individually), County of San Bernardino, Does, Greg Garland(individually), Greg Garland(in his official capacity), James Mahan(Sargeant in his official capacity), James Mahan(Sargeant individually), John McMahon(Sheriff, individually), John McMahon(Sheriff in his official capacity), Jeff Rose(in his official capacity), Jeff Rose(individually), San Bernardino County Sheriff's Department amending Amended Complaint/Petition 19, filed by plaintiffs Michael Hatfield(as class representative), Bryan Bagwell(as class representative), Kevin Pratt(as class representative), William Kennedy(individually), Pedro Guzman(individually), Dan McKibben(individually), Sean Lint(as class representative), Ilich Vargas(as class representative), Michael Hatfield(individually), Jonathan Robertson(as class representative), Bryan Bagwell(individually), Christopher Crawford(individually), Pedro Guzman(as class representative), Taheash White(individually), Frederick Crockan(as class representative), Ilich Vargas(individually), Nick Ou(individually), Christopher Crawford(as class representative), Steven Price, William Kennedy(as class representative), Frederick Crockan(individually), Kevin Pratt(individually), Dan McKibben(as class representative), Jonathan Robertson(individually), Sean Lint(individually), Steve Price, Timothy Walker(as class representative), Taheash White(as class representative), Nick Ou(as class representative), Timothy Walker(individually) (Attorney Lindsay Battles added to party Bryan Bagwell(pty:pla), Attorney Lindsay Battles added to party Bryan Bagwell(pty:pla), Attorney Lindsay Battles added to party Christopher Crawford(pty:pla), Attorney Lindsay Battles added to party Christopher Crawford(pty:pla), Attorney Lindsay Battles added to party Frederick Crockan(pty:pla), Attorney Lindsay Battles added to party Frederick Crockan(pty:pla), Attorney Lindsay Battles added to party Pedro Guzman(pty:pla), Attorney Lindsay Battles added to party Pedro Guzman(pty:pla), Attorney Lindsay Battles added to party Michael Hatfield(pty:pla), Attorney Lindsay Battles added to party Michael Hatfield(pty:pla), Attorney Lindsay Battles added to party William Kennedy(pty:pla), Attorney Lindsay Battles added to party William Kennedy(pty:pla), Attorney Lindsay Battles added to party Sean Lint(pty:pla), Attorney Lindsay Battles added to party Sean Lint(pty:pla), Attorney Lindsay Battles added to party Dan McKibben(pty:pla), Attorney Lindsay Battles added to party Nick Ou(pty:pla), Attorney Lindsay Battles added to party Nick Ou(pty:pla), Attorney Lindsay Battles added to party Kevin Pratt(pty:pla), Attorney Lindsay Battles added to party Kevin Pratt(pty:pla), Attorney Lindsay Battles added to party Steve Price(pty:pla), Attorney Lindsay Battles added to party Steven Price(pty:pla), Attorney Lindsay Battles added to party Jonathan Robertson(pty:pla), Attorney Lindsay Battles added to party Jonathan Robertson(pty:pla), Attorney Lindsay Battles added to party Ilich Vargas(pty:pla), Attorney Lindsay Battles added to party Ilich Vargas(pty:pla), Attorney Lindsay Battles added to party Timothy Walker(pty:pla), Attorney Lindsay Battles added to party Timothy Walker(pty:pla), Attorney Lindsay Battles added to party Taheash White(pty:pla), Attorney Lindsay Battles added to party Taheash White(pty:pla))(mrgo) (Entered: 06/11/2015)

May 20, 2015

May 20, 2015

Clearinghouse
36

ANSWER JURY DEMAND. Defendants' Answer to Plaintiffs' Class Action Second Amended Complaint for Damages and Injunctive Relief; Demand for Jury Trial filed by Defendants Armando Castillo(Corporal in his official capacity), Armando Castillo(Corporal, Individually), County of San Bernardino, Greg Garland(individually), Greg Garland(in his official capacity), James Mahan(Sargeant in his official capacity), James Mahan(Sargeant individually), John McMahon(Sheriff, individually), John McMahon(Sheriff in his official capacity), Jeff Rose(in his official capacity), Jeff Rose(individually), San Bernardino County Sheriff's Department.(Oyster, Nathan) Modified on 6/11/2015 (mrgo). (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
38

Joint STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiffs Dan McKibben(as class representative). (Attachments: # 1 Proposed Order)(Litt, Barrett) (Entered: 07/15/2015)

1 Proposed Order

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July 15, 2015

July 15, 2015

PACER
39

ORDER EXTENDING THE TIME TO FILE CLASS CERTIFICATION MOTION by Judge Jesus G. Bernal re: Stipulation for Extension of Time to File 38 . ( Motion due by 2/29/2016. Motion continued to 4/25/2016 at 09:00 AM before Judge Jesus G. Bernal.) (Opposition due by 3/21/2016, Reply due by 4/4/2016.) (iva) (Entered: 07/17/2015)

July 16, 2015

July 16, 2015

PACER
40

STIPULATION for Protective Order filed by Defendants Armando Castillo(Corporal in his official capacity), Armando Castillo(Corporal, Individually), County of San Bernardino, Greg Garland(individually), Greg Garland(in his official capacity), James Mahan(Sargeant in his official capacity), James Mahan(Sargeant individually), John McMahon(Sheriff, individually), John McMahon(Sheriff in his official capacity), Jeff Rose(in his official capacity), Jeff Rose(individually), San Bernardino County Sheriff's Department. (Attachments: # 1 Proposed Order)(Oyster, Nathan) (Entered: 07/29/2015)

1 Proposed Order

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July 29, 2015

July 29, 2015

PACER
41

NOTICE of Appearance filed by attorney Christopher Taewoo Kim on behalf of Defendants Armando Castillo, Armando Castillo, County of San Bernardino, Greg Garland, Greg Garland, James Mahan, James Mahan, John McMahon, John McMahon, Jeff Rose, Jeff Rose, San Bernardino County Sheriff's Department (Attorney Christopher Taewoo Kim added to party Armando Castillo(pty:dft), Attorney Christopher Taewoo Kim added to party Armando Castillo(pty:dft), Attorney Christopher Taewoo Kim added to party County of San Bernardino(pty:dft), Attorney Christopher Taewoo Kim added to party Greg Garland(pty:dft), Attorney Christopher Taewoo Kim added to party Greg Garland(pty:dft), Attorney Christopher Taewoo Kim added to party James Mahan(pty:dft), Attorney Christopher Taewoo Kim added to party James Mahan(pty:dft), Attorney Christopher Taewoo Kim added to party John McMahon(pty:dft), Attorney Christopher Taewoo Kim added to party John McMahon(pty:dft), Attorney Christopher Taewoo Kim added to party Jeff Rose(pty:dft), Attorney Christopher Taewoo Kim added to party Jeff Rose(pty:dft), Attorney Christopher Taewoo Kim added to party San Bernardino County Sheriff's Department(pty:dft))(Kim, Christopher) (Entered: 07/29/2015)

July 29, 2015

July 29, 2015

PACER
42

PROTECTIVE ORDER approved by Magistrate Judge Sheri Pym re Stipulation for Protective Order, 40 . (See document for specifics) (mrgo) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

RECAP
43

Joint STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiffs Dan McKibben(as class representative). (Attachments: # 1 Proposed Order)(McLane, David) (Entered: 02/25/2016)

1 Proposed Order

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Feb. 25, 2016

Feb. 25, 2016

PACER
44

ORDER EXTENDING TIME TO FILE CLASS CERTIFICATION MOTION by Judge Jesus G. Bernal re: Stipulation for Extension of Time to File 43 . (Motion due by 9/19/2016; Opposition due by 10/24/2016; Reply due by 11/14/2016; Motion set for hearing on 12/5/2016 at 09:00 AM before Judge Jesus G. Bernal.) (iva) (Entered: 02/29/2016)

Feb. 25, 2016

Feb. 25, 2016

PACER
45

SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 4/11/2016 at 11:00 AM before Judge Jesus G. Bernal. (mga) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
46

FIRST AMENDED JOINT REPORT of THE PARTIES FRCP 26(f) CONFERENCE filed by Plaintiffs Bryan Bagwell, Bryan Bagwell, Christopher Crawford, Christopher Crawford, Frederick Crockan, Frederick Crockan, Pedro Guzman, Pedro Guzman, Michael Hatfield, Michael Hatfield, William Kennedy, William Kennedy, Sean Lint, Sean Lint, Dan McKibben, Dan McKibben, Nick Ou, Nick Ou, Kevin Pratt, Kevin Pratt, Steve Price, Steven Price, Jonathan Robertson, Jonathan Robertson, Ilich Vargas, Ilich Vargas, Timothy Walker, Timothy Walker, Taheash White, Taheash White. (Battles, Lindsay) (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

PACER
47

CIVIL TRIAL SCHEDULING ORDER by Judge Jesus G. Bernal. Amended Pleadings due by 6/27/2016. Discovery cut-off (last day to be heard) 11/14/2016. Dispositive Motions cut-off (last day to be heard) 2/13/2017. Last date to conduct settlement conference is 1/2/2017(leave to do private mediation or with the assigned Magistrate Judge). Final Pretrial Conference set for 3/27/2017 11:00 AM before Judge Jesus G. Bernal. Jury Trial set for 4/11/2017 09:00 AM before Judge Jesus G. Bernal. (mga) (Entered: 06/09/2016)

April 11, 2016

April 11, 2016

PACER
48

Joint STIPULATION for Extension of Time to Amend filed by Plaintiffs Dan McKibben(as class representative). (Attachments: # 1 Proposed Order)(McLane, David) (Entered: 06/15/2016)

1 Proposed Order

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June 15, 2016

June 15, 2016

PACER
49

ORDER RE STIPULATION TO AMEND LAST DATE TO FILE AMENDED COMPLAINT by Judge Jesus G. Bernal, re Stipulation for Extension of Time to Amend 48 . GOOD CAUSE APPEARING THEREFORE, based on the stipulation of the parties and the current April 11, 2016 scheduling order, it is hereby ordered that the last date to file a motion for leave to amend the pleadings is September 3, 2016. (iva) (Entered: 06/17/2016)

June 16, 2016

June 16, 2016

PACER
50

STIPULATION to Continue Class Certification and Scheduling Order Deadlines filed by Plaintiff Dan McKibben(as class representative). (Attachments: # 1 Proposed Order)(Battles, Lindsay) (Entered: 07/01/2016)

1 Proposed Order

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July 1, 2016

July 1, 2016

PACER
51

ORDER RE STIPULATION AND REQUEST FOR EXTENSION OF SCHEDULING ORDER DEADLINES AND TIME TO FILE CLASS CERTIFICATION MOTION by Judge Jesus G. Bernal, re Stipulation to Continue 50 . (See document for specifics.) (iva) (Entered: 07/14/2016)

July 12, 2016

July 12, 2016

PACER
52

STIPULATION to Continue Trial from September 12, 2017 to December 12, 2017 filed by Plaintiff Dan McKibben(individually). (Attachments: # 1 Proposed Order To continue trial and related deadlines)(McLane, David) (Entered: 01/06/2017)

1 Proposed Order To continue trial and related deadlines

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Jan. 6, 2017

Jan. 6, 2017

PACER
53

ORDER EXTENDING THE TIME TO FILE CLASS CERTIFICATION MOTION by Judge Jesus G. Bernal, re Stipulation to Continue 52 . (Discovery cut-off 7/28/2017. Motions due by 11/6/2017. Last date to conduct settlement conference is 8/11/2017. Final Pretrial Conference continued to 11/27/2017 at 11:00 AM before Judge Jesus G. Bernal. Jury Trial continued to 12/12/2017 at 09:00 AM before Judge Jesus G. Bernal.) (See document for further details.) (iva) (Entered: 01/10/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
54

Joint STIPULATION to Reschedule Trial and Related Dates filed by Plaintiffs Dan McKibben(as class representative). (Attachments: # 1 Proposed Order)(McLane, David) (Entered: 04/24/2017)

1 Proposed Order

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April 24, 2017

April 24, 2017

PACER
55

ORDER RE: EXTENSION OF SCHEDULING ORDER DEADLINES AND TIME TO FILE CLASS CERTIFICATION MOTION by Judge Jesus G. Bernal Re Stipulation 54 : (see document image for further details). IT IS SO ORDERED. (ad) (Entered: 04/28/2017)

April 24, 2017

April 24, 2017

PACER
56

STIPULATION to Continue Pretrial and Trial Dates from 03/20/18 to 12/04/18 filed by Defendant Armando Castillo(Corporal, Individually), County of San Bernardino. (Attachments: # 1 Proposed Order)(Oyster, Nathan) (Entered: 10/13/2017)

1 Proposed Order

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Oct. 13, 2017

Oct. 13, 2017

PACER
57

ORDER TO CONTINUE PRETRIAL AND TRIAL DATES by Judge Jesus G. Bernal, re Stipulation to Continue 56 . ITIS HEREBY ORDERED that the following deadlines and hearing dates shall becontinued to the respective dates listed in the New Date column: Discovery cut-off 7/9/2018. Motions hearing due by 9/17/2018. Final Pretrial Conference continued to 11/19/2018 at 11:00 AM before Judge Jesus G. Bernal. Jury Trial continued to 12/4/2018 at 09:00 AM before Judge Jesus G. Bernal. (SEE ORDER FOR FURTHER DETAILS) (iva) (Entered: 10/16/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
58

Notice of Appearance or Withdrawal of Counsel: for attorney Nathan A Oyster counsel for Defendants Armando Castillo, Armando Castillo, County of San Bernardino, Greg Garland, Greg Garland, James Mahan, James Mahan, John McMahon, John McMahon, Jeff Rose, Jeff Rose, San Bernardino County Sheriff's Department. CHRISTOPHER TAEWOO KIM is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Sheriif John McMahon, Greg Garland, Jeff Rose, Sergeant James Mahan, A. Castillo and County of San Bernardino (also sued herein as San Bernardino County Sheriff's Department. (Oyster, Nathan) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
59

Notice of Appearance or Withdrawal of Counsel: for attorney Melissa A Goodman counsel for Plaintiffs Bryan Bagwell, Bryan Bagwell, Christopher Crawford, Christopher Crawford, Frederick Crockan, Frederick Crockan, Pedro Guzman, Pedro Guzman, Michael Hatfield, Michael Hatfield, William Kennedy, William Kennedy, Sean Lint, Sean Lint, Dan McKibben, Dan McKibben, Nick Ou, Nick Ou, Kevin Pratt, Kevin Pratt, Steve Price, Steven Price, Jonathan Robertson, Jonathan Robertson, Ilich Ernesto Vargas Romero, Ilich Ernesto Vargas Romero, Timothy Walker, Timothy Walker, Taheash White, Taheash White. Adding Amanda C. Goad as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiff Melissa Goodman. (Goodman, Melissa) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
60

STIPULATION for Order Allowing The In-Custody Deposition of Plaintiff Ilich Vargas filed by Defendants Armando Castillo(Corporal in his official capacity), Armando Castillo(Corporal, Individually), County of San Bernardino, Greg Garland(individually), Greg Garland(in his official capacity), James Mahan(Sargeant in his official capacity), James Mahan(Sargeant individually), John McMahon(Sheriff, individually), John McMahon(Sheriff in his official capacity), Jeff Rose(in his official capacity), Jeff Rose(individually), San Bernardino County Sheriff's Department. (Attachments: # 1 Proposed Order)(Oyster, Nathan) (Entered: 11/28/2017)

1 Proposed Order

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Nov. 28, 2017

Nov. 28, 2017

PACER
61

STIPULATION for Order Allowing the In-Custody Deposition of Plaintiff Jonathan Robertson filed by Defendants Armando Castillo(Corporal in his official capacity), Armando Castillo(Corporal, Individually), County of San Bernardino, Greg Garland(individually), Greg Garland(in his official capacity), James Mahan(Sargeant in his official capacity), James Mahan(Sargeant individually), John McMahon(Sheriff, individually), John McMahon(Sheriff in his official capacity), Jeff Rose(in his official capacity), Jeff Rose(individually), San Bernardino County Sheriff's Department. (Attachments: # 1 Proposed Order)(Oyster, Nathan) (Entered: 11/28/2017)

1 Proposed Order

View on PACER

Nov. 28, 2017

Nov. 28, 2017

PACER
62

STIPULATION for Order Allowing the In-Custody Deposition of Plaintiff Christopher Crawford filed by Defendants Armando Castillo(Corporal in his official capacity), Armando Castillo(Corporal, Individually), County of San Bernardino, Greg Garland(individually), Greg Garland(in his official capacity), James Mahan(Sargeant in his official capacity), James Mahan(Sargeant individually), John McMahon(Sheriff, individually), John McMahon(Sheriff in his official capacity), Jeff Rose(in his official capacity), Jeff Rose(individually), San Bernardino County Sheriff's Department. (Attachments: # 1 Proposed Order)(Oyster, Nathan) (Entered: 11/28/2017)

1 Proposed Order

View on PACER

Nov. 28, 2017

Nov. 28, 2017

PACER
63

ORDER by Magistrate Judge Sheri Pym ALLOWING THE IN-CUSTODY DEPOSITION OF PLAINTIFF CHRISTOPHER CRAWFORD (SEE ORDER FOR DETAILS). (kca) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
64

ORDER by Magistrate Judge Sheri Pym ALLOWING THE IN-CUSTODY DEPOSITION OF PLAINTIFF JONATHAN ROBERTSON (SEE ORDER FOR DETAILS). (kca) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
65

ORDER by Magistrate Judge Sheri Pym ALLOWING THE IN-CUSTODY DEPOSITION OF PLAINTIFF ILICH VARGAS (SEE ORDER FOR DETAILS). (kca) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
66

NOTICE of Change of address by Lindsay Battles attorney for Plaintiffs Bryan Bagwell, Christopher Crawford, Frederick Crockan, Pedro Guzman, Michael Hatfield, William Kennedy, Sean Lint, Dan McKibben, Nick Ou, Kevin Pratt, Steven Price, Jonathan Robertson, Ilich Ernesto Vargas Romero, Timothy Walker, Taheash White. Changing attorneys address to 975 East Green Street, Pasadena, CA 91106. Filed by Plaintiffs Bryan Bagwell, Christopher Crawford, Frederick Crockan, Pedro Guzman, Michael Hatfield, William Kennedy, Sean Lint, Dan McKibben, Nick Ou, Kevin Pratt, Steven Price, Jonathan Robertson, Ilich Ernesto Vargas Romero, Timothy Walker, Taheash White. (Battles, Lindsay) (Entered: 12/29/2017)

Dec. 29, 2017

Dec. 29, 2017

PACER
67

Notice of Appearance or Withdrawal of Counsel: for attorney Melissa A Goodman counsel for Plaintiffs Bryan Bagwell, Christopher Crawford, Frederick Crockan, Pedro Guzman, Michael Hatfield, William Kennedy, Sean Lint, Dan McKibben, Nick Ou, Kevin Pratt, Steve Price, Jonathan Robertson, Ilich Ernesto Vargas Romero, Timothy Walker, Taheash White. Adding Aditi Fruitwala as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiff Melissa Goodman. (Goodman, Melissa) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
68

Joint STIPULATION for Extension of Time to File Class Certification Motion and Related Documents filed by Plaintiffs Bryan Bagwell(as class representative), Christopher Crawford(individually), Frederick Crockan(as class representative), Pedro Guzman(individually), Michael Hatfield(as class representative), William Kennedy(individually), Sean Lint(as class representative), Dan McKibben(individually), Nick Ou(individually), Kevin Pratt(as class representative), Steve Price, Jonathan Robertson(as class representative), Ilich Ernesto Vargas Romero(as class representative), Timothy Walker(as class representative), Taheash White(individually). (Attachments: # 1 Proposed Order)(Battles, Lindsay) (Entered: 01/29/2018)

1 Proposed Order

View on PACER

Jan. 29, 2018

Jan. 29, 2018

PACER
69

ORDER RE: EXTENSION OF SCHEDULING ORDER DEADLINES AND TIME TO FILE CLASS CERTIFICATION MOTION by Judge Jesus G. Bernal, re Stipulation for Extension of Time to File, 68 . (SEE ORDER FOR FURTHER DETAILS)(Discovery cut-off 8/27/2018. Final Pretrial Conference continued to 1/7/2019 at 11:00 AM before Judge Jesus G. Bernal. Jury Trial continued to 1/22/2019 at 09:00 AM before Judge Jesus G. Bernal.) (iva) (Entered: 01/30/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
70

STIPULATION to Vacate Trial and Pretrial Deadlines Based on Conditional Settlement of Entire Action filed by Defendants Armando Castillo(Corporal in his official capacity), Armando Castillo(Corporal, Individually), County of San Bernardino, Greg Garland(individually), Greg Garland(in his official capacity), James Mahan(Sargeant in his official capacity), James Mahan(Sargeant individually), John McMahon(Sheriff, individually), John McMahon(Sheriff in his official capacity), Jeff Rose(in his official capacity), Jeff Rose(individually), San Bernardino County Sheriff's Department. (Attachments: # 1 Proposed Order)(Oyster, Nathan) (Entered: 03/29/2018)

1 Proposed Order

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March 29, 2018

March 29, 2018

Clearinghouse
71

ORDER VACATING TRIAL AND PRETRIAL DATES BASED ON CONDITIONAL SETTLEMENT by Judge Jesus G. Bernal Re Stipulation 70 : IT IS HEREBY ORDERED that: 1. The trial date and all pretrial deadlines in this matter are hereby vacated. 2. If Plaintiffs have not filed their unopposed motion for class certification and preliminary settlement approval by June 15, 2018, the parties shall file a joint report on the status of the settlement. IT IS SO ORDERED. (ad) (Entered: 04/04/2018)

March 30, 2018

March 30, 2018

PACER
72

STIPULATION to Continue Deadline for Preliminary Settlement Approval from June 15, 2018 to August 1, 2018 Re: Order, 71 filed by Defendants Armando Castillo(Corporal, Individually), County of San Bernardino. (Attachments: # 1 Proposed Order)(Oyster, Nathan) (Entered: 06/14/2018)

1 Proposed Order

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June 14, 2018

June 14, 2018

PACER
73

ORDER TO CONTINUE DEADLINE FOR PRELIMINARY SETTLEMENT APPROVAL 72 by Judge Jesus G. Bernal. IT IS HEREBY ORDERED that: The date for Plaintiffs to file a motion for preliminary approval of the settlement and unopposed motion for class certification is extended to August 1, 2018. (es) (Entered: 06/15/2018)

June 14, 2018

June 14, 2018

PACER
74

STIPULATION to Continue Deadline for Preliminary Settlement Approval from August 1, 2018 to August 15, 2018 filed by Defendants County of San Bernardino. (Attachments: # 1 Proposed Order)(Oyster, Nathan) (Entered: 07/31/2018)

1 Proposed Order

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July 31, 2018

July 31, 2018

PACER
75

ORDER TO CONTINUE DEADLINE FOR PRELIMINARY SETTLEMENT APPROVAL by Judge Jesus G. Bernal, re Stipulation to Continue 74 . IT IS HEREBY ORDERED that: The date for Plaintiffs to file a motion for preliminary approval of the settlement and unopposed motion for class certification is extended from 8/1/18 to 8/15/18. (twdb) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
76

Joint STIPULATION to Reschedule Unopposed Hearing on Class Certification Matters filed by Plaintiffs Dan McKibben(as class representative). (Attachments: # 1 Proposed Order)(Litt, Barrett) (Entered: 08/15/2018)

1 Proposed Order

View on PACER

Aug. 15, 2018

Aug. 15, 2018

PACER
77

NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Dan McKibben(as class representative). Motion set for hearing on 9/17/2018 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Exhibit Class Representative Declarations) (Litt, Barrett) (Entered: 08/15/2018)

1 Exhibit Class Representative Declarations

View on PACER

Aug. 15, 2018

Aug. 15, 2018

PACER
78

SETTLEMENT AGREEMENT re NOTICE OF MOTION AND MOTION to Certify Class 77 filed by Plaintiff Dan McKibben. (Attachments: # 1 Exhibit B-Proposed Class Notice, # 2 Exhibit C-Claim Form, # 3 Exhibit D-Injunctive Relief Terms, # 4 Exhibit E-JND Class Administration Submission)(Litt, Barrett) (Entered: 08/15/2018)

1 Exhibit B-Proposed Class Notice

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2 Exhibit C-Claim Form

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3 Exhibit D-Injunctive Relief Terms

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4 Exhibit E-JND Class Administration Submission

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Aug. 15, 2018

Aug. 15, 2018

Clearinghouse
79

DECLARATION of Barrett S. Litt In Support Of NOTICE OF MOTION AND MOTION to Certify Class 77 filed by Plaintiff Dan McKibben. (Litt, Barrett) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
80

DECLARATION of Melissa Goodman In Support Of NOTICE OF MOTION AND MOTION to Certify Class 77 filed by Plaintiff Dan McKibben. (Litt, Barrett) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
81

NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement filed by Plaintiffs Dan McKibben(as class representative). Motion set for hearing on 9/17/2018 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Exhibit A-Settlement Agreement, # 2 Exhibit B-Proposed Class Notice, # 3 Exhibit C-Claim Form, # 4 Exhibit D-Injunctive Relief Terms, # 5 Exhibit E-Class Administration Information, # 6 Proposed Order Preliminary Approval Order) (Litt, Barrett) (Entered: 08/15/2018)

1 Exhibit A-Settlement Agreement

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2 Exhibit B-Proposed Class Notice

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3 Exhibit C-Claim Form

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4 Exhibit D-Injunctive Relief Terms

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5 Exhibit E-Class Administration Information

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6 Proposed Order Preliminary Approval Order

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Aug. 15, 2018

Aug. 15, 2018

PACER
82

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement 81, NOTICE OF MOTION AND MOTION to Certify Class 77 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ad) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
83

ORDER by Judge Jesus G. Bernal, Granting Stipulation 76 Shortening Time for Hearing on Unopposed: 1) Motion for Preliminary Approval of Settlement and, 2) Motion for Class Certification 77 81 . ( Motion hearing shortened 9/10/2018 at 09:00 AM before Judge Jesus G. Bernal.) (twdb) (Entered: 08/22/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
84

MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: GRANTING 77 Plaintiffs' Unopposed MOTION to Certify Class Action; GRANTING 81 Preliminary Approval of Class Settlement. The Court thus ORDERS as follows: SEE DOCUMENT FOR FURTHER INFORMATION. The final approval hearing will be scheduled for February 11, 2019 at 9:00 a.m. in Courtroom 1 of the United States District Court for the Central District of California, Eastern Division located at 3470 12th Street, Riverside, California 92501. (twdb) (Entered: 09/12/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
85

PRELIMINARY APPROVAL ORDER by Judge Jesus G. Bernal (SEE ORDER FOR FURTHER DETAILS) (yl) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

Clearinghouse
86

NOTICE OF MOTION AND MOTION for Attorney Fees and Costs filed by Plaintiffs Bryan Bagwell(as class representative), Christopher Crawford(individually), Frederick Crockan(as class representative), Pedro Guzman(individually), Michael Hatfield(as class representative), William Kennedy(individually), Sean Lint(as class representative), Nick Ou(individually), Kevin Pratt(as class representative), Steve Price, Jonathan Robertson(as class representative), Ilich Ernesto Vargas Romero(as class representative), Timothy Walker(as class representative), Taheash White(individually). Motion set for hearing on 2/11/2019 at 09:00 AM before Judge Jesus G. Bernal. (Litt, Barrett) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
87

DECLARATION of Barrett S. Litt In Support Of NOTICE OF MOTION AND MOTION for Attorney Fees and Costs 86 filed by Plaintiffs Bryan Bagwell, Christopher Crawford, Frederick Crockan, Pedro Guzman, Michael Hatfield, William Kennedy, Sean Lint, Dan McKibben, Nick Ou, Kevin Pratt, Steve Price, Jonathan Robertson, Ilich Ernesto Vargas Romero, Timothy Walker, Taheash White. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Litt, Barrett) (Entered: 11/07/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Nov. 7, 2018

Nov. 7, 2018

PACER
88

DECLARATION of Amanda Goad In Support Of NOTICE OF MOTION AND MOTION for Attorney Fees and Costs 86 filed by Plaintiffs Bryan Bagwell, Christopher Crawford, Frederick Crockan, Pedro Guzman, Michael Hatfield, William Kennedy, Sean Lint, Dan McKibben, Nick Ou, Kevin Pratt, Steve Price, Jonathan Robertson, Ilich Ernesto Vargas Romero, Timothy Walker, Taheash White. (Attachments: # 1 Exhibit E, # 2 Exhibit F)(Litt, Barrett) (Entered: 11/07/2018)

1 Exhibit E

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2 Exhibit F

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Nov. 7, 2018

Nov. 7, 2018

PACER
89

EX PARTE APPLICATION for Order for Late Filing filed by Plaintiffs Dan McKibben(as class representative). (Attachments: # 1 Proposed Order) (Litt, Barrett) (Entered: 01/18/2019)

1 Proposed Order

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Jan. 18, 2019

Jan. 18, 2019

PACER
90

NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement filed by Plaintiffs Dan McKibben(as class representative). Motion set for hearing on 2/11/2019 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Exhibit Injunctive Relief Agreement, # 3 Proposed Order) (Litt, Barrett) (Entered: 01/18/2019)

1 Exhibit Settlement Agreement

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2 Exhibit Injunctive Relief Agreement

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3 Proposed Order

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Jan. 18, 2019

Jan. 18, 2019

PACER
91

DECLARATION of Barrett S. Litt In Support Of NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement 90 filed by Plaintiff Dan McKibben. (Litt, Barrett) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
92

DECLARATION of Jennifer Keough In Support Of NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement 90 filed by Plaintiff Dan McKibben. (Litt, Barrett) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
93

ORDER by Judge Jesus G. Bernal: Granting 89 EX PARTE APPLICATION for Order Allowing for Later Filing of Motion for Final Approval. That Plaintiffs Motion for Final Approval may be filed on January 18, 2019. (twdb) (Entered: 01/22/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
94

NOTICE Notification of Additional Late Claims and Request for Revisions to Final Approval Order filed by Plaintiffs Dan McKibben(as class representative). (Litt, Barrett) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
95

NOTICE Further Notice of Late Claim filed by Plaintiffs Dan McKibben(as class representative). (Litt, Barrett) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

RECAP
101

Motion Hearing

Feb. 11, 2019

Feb. 11, 2019

PACER
96

EX PARTE APPLICATION for Order for Approval for Late Filing filed by Plaintiffs Dan McKibben(as class representative). (Attachments: # 1 Proposed Order) (McLane, David) (Entered: 02/14/2019)

1 Proposed Order

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Feb. 14, 2019

Feb. 14, 2019

RECAP
97

ORDER by Judge Jesus G. Bernal: Granting 96 EX PARTE APPLICATION for Order RE: Filing of Late Claim By Damian Liggins. (twdb) (Entered: 02/15/2019)

Feb. 14, 2019

Feb. 14, 2019

RECAP
98

Motion for Order

1 Proposed Order

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Feb. 22, 2019

Feb. 22, 2019

PACER
99

Order on Motion for Order

Feb. 25, 2019

Feb. 25, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 22, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Gay, lesbian, and transgender prisoners at San Bernardino County Jail.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

San Bernardino County Jail (San Bernardino), County

San Bernardino County Sheriff (San Bernardino), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,176,304.39

Order Duration: 2019 - 2022

Content of Injunction:

Hire

Develop anti-discrimination policy

Reporting

Issues

General:

Classification / placement

Conditions of confinement

Disciplinary procedures

Recreation / Exercise

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Law library access

Assault/abuse by staff (facilities)

LGBTQ+:

LGBTQ+

Discrimination-basis:

Gender identity

Sexual orientation

Type of Facility:

Government-run