Case: Parenti v. County of Monterey

5:14-cv-05481 | U.S. District Court for the Northern District of California

Filed Date: Dec. 16, 2014

Closed Date: April 29, 2019

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Case Summary

On December 16, 2014, the estate of an inmate who died in jail filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued Monterey County, the Monterey County Sheriff, the Monterey County Jail, and the California Forensic Medical Group under 42 U.S.C. §1983. Represented by private counsel, the plaintiffs sought monetary and injunctive relief, claiming a failure to provide medical care in violation of the Eighth and Fourteenth Amendments and a deprivation of substantive due process in violation of the First and Fourteenth Amendments. The plaintiffs also claimed negligence and wrongful death under California state law. Specifically, the plaintiffs claimed that the defendants left the inmate lying unconscious, helpless, and untreated in his bed to die from viral influenza syndrome complicated by pneumonia—a treatable condition. At the time of the inmate's death, the jail was already the subject of a class action lawsuit regarding systemic failures to provide adequate medical care. Hernandez v. County of Monterey. On June 6, 2016, the case was reassigned to Judge Beth Labson Freeman.

On April 21, 2015, the parties agreed to enter into settlement negotiations; a settlement conference was scheduled for October 30, 2015. The parties could not come to a settlement agreement at that conference. Further settlement discussions continued through April and June 2017, but the parties did not settle.

In October 2017, the plaintiff filed a stipulation and proposed order with the court for the dismissal of defendant California Forensic Medical Group. The court approved it.

That same day, the defendant Sheriff filed a motion for partial summary judgment as to the claims against him. He claimed that he could not be liable because the plaintiffs could not show that on January 15, 2014, the defendant Sheriff knew the plaintiff had faced a substantial risk of serious harm and disregarded that risk by failing to take reasonable steps to abate it. Moreover, the defendant Sheriff argued that the doctrine of qualified immunity shielded him from liability for civil damages because his conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

On April 6, 2018, the court granted in part and denied in part this defendant Sheriff’s motion. Judge Freeman granted the motion as to the plaintiff's first cause of action pursuant to § 1983 for deliberate indifference to the plaintiff's serious medical needs in violation of the Eighth Amendment and granted the motion as to Plaintiffs’ second cause of action pursuant to § 1983 for loss of the parent/child relationship in violation of the Fourteenth Amendment. These claims were dismissed. The court denied the motion, however, as to the plaintiffs’ alleged violations of California state tort law.

The parties continued to engage in discovery and motion in limine briefing through the rest of 2018. At the same time, they continued to engage in settlement conferences and reached a settlement for monetary damages in early 2019. On January 23, 2019, the plaintiff filed a motion for settlement approval. The court approved the settlement agreement on March 18, 2019. The plaintiff then voluntarily dismissed the case on April 29, 2019. This case is closed.

	Document
5:14-cv-05481	Docket [PACER]	April 29, 2019	April 29, 2019 Docket
1 5:14-cv-05481	Complaint for Damages	Dec. 16, 2014	Dec. 16, 2014 Complaint
33 5:14-cv-05481	Joint Case Management Statement and [Proposed] Order	April 21, 2015	April 21, 2015 Pleading / Motion / Brief
87 5:14-cv-05481	Order Granting in Part and Denying in Part Plaintiffs' Motion to Exclude Duplicative and Inadmissible Expert Testimony; and Referring Rule 26 Disclosure Issues to Magistrate Judge Susan Van Keulen for Disposition	May 3, 2017	May 3, 2017 Order/Opinion 2017 WL 1709349
88 5:14-cv-05481	Report and Recommendation to Grant in Part and Deny in Part Plaintiffs' Motion to Exclude Non-Retained Experts	May 10, 2017	May 10, 2017 Magistrate Report/Recommendation 2017 WL 2457876
92 5:14-cv-05481	Order Adopting Magistrate Judge's Report and Recommendation to Grant in Part and Deny in Part Plaintiff's Motion to Exclude Non-Retained Experts	June 6, 2017	June 6, 2017 Order/Opinion 2017 WL 2438545
109 5:14-cv-05481	Order Granting in Part and Denying in Part Deputy Collins' Motion for Partial Summary Judgment Parenti v. County Of Monterey	April 6, 2018	April 6, 2018 Order/Opinion 2018 WL 1697110
140 5:14-cv-05481	Order Approving Settlement of Minor's Claims	March 18, 2019	March 18, 2019 Order/Opinion 2019 WL 1245145

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Damages against All Defendants ( Filing fee $ 400, receipt number 0971-9146615.). Filed byD.P-O., Jacob Parenti, Susan Parenti. (Attachments: # 1 Exhibit 1 (Part 1), # 2 Exhibit 1 (Part 2), # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Civil Cover Sheet)(Stormer, Dan) (Filed on 12/16/2014) (Entered: 12/16/2014) 1 Exhibit 1 (Part 1) View on PACER 2 Exhibit 1 (Part 2) View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Civil Cover Sheet View on PACER	Dec. 16, 2014	Dec. 16, 2014 RECAP
2	Proposed Summons. (Stormer, Dan) (Filed on 12/16/2014) (Entered: 12/16/2014)	Dec. 16, 2014	Dec. 16, 2014 PACER
3	Certificate of Interested Entities by D.P-O., Jacob Parenti, Susan Parenti re 1 Complaint, (Stormer, Dan) (Filed on 12/16/2014) (Entered: 12/16/2014)	Dec. 16, 2014	Dec. 16, 2014 PACER
4	Case assigned to Magistrate Judge Paul Singh Grewal. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (kcS, COURT STAFF) (Filed on 12/16/2014) (Entered: 12/16/2014)	Dec. 16, 2014	Dec. 16, 2014 PACER
5	NOTICE of Appearance by Mohammad K Tajsar (Tajsar, Mohammad) (Filed on 12/16/2014) (Entered: 12/16/2014)	Dec. 16, 2014	Dec. 16, 2014 PACER
6	NOTICE of Appearance by Joshua Piovia-Scott (Piovia-Scott, Joshua) (Filed on 12/16/2014) (Entered: 12/16/2014)	Dec. 16, 2014	Dec. 16, 2014 PACER
7	Summons Issued as to California Forensic Medical Group, Collins, County Of Monterey, Taylor Fithian, M.D., Scott Miller, Sheriff of Monterey County in his Official Capacity. (cv, COURT STAFF) (Filed on 12/16/2014) (Entered: 12/16/2014)	Dec. 16, 2014	Dec. 16, 2014 PACER
8	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/21/2015. Case Management Conference set for 4/28/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 12/16/2014) (Entered: 12/16/2014)	Dec. 16, 2014	Dec. 16, 2014 PACER
9	MOTION to Relate Case filed by D.P-O., Jacob Parenti, Susan Parenti. (Tajsar, Mohammad) (Filed on 12/30/2014) (Entered: 12/30/2014)	Dec. 30, 2014	Dec. 30, 2014 PACER
10	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by D.P-O., Jacob Parenti, Susan Parenti.. (Tajsar, Mohammad) (Filed on 12/30/2014) (Entered: 12/30/2014)	Dec. 30, 2014	Dec. 30, 2014 PACER
11	ORDER GRANTING MOTION TO RELATE CASE by Magistrate Judge Paul Singh Grewal granting 9 . Case No. 14-cv-05481 related to Case No. 13-cv-02354. (psglc1S, COURT STAFF) (Filed on 12/31/2014) (Entered: 12/31/2014)	Dec. 31, 2014	Dec. 31, 2014 PACER
12	CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT: Case Management Conference set for 4/28/2015 at 10:00 AM in Courtroom 5, 4th Floor, San Jose. Case Management Statement due by 4/21/2015. *This is a text only docket entry, there is no document associated with this notice.* (ofr, COURT STAFF) (Filed on 1/8/2015) (Entered: 01/08/2015)	Jan. 8, 2015	Jan. 8, 2015 PACER
13	ANSWER to Complaint with Jury Demand byCollins, County of Monterey, Scott Miller. (Attachments: # 1 Certificate/Proof of Service)(Blitch, Susan) (Filed on 2/5/2015) (Entered: 02/05/2015) 1 Certificate/Proof of Service View on PACER	Feb. 5, 2015	Feb. 5, 2015 PACER
14	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Collins, County of Monterey, Scott Miller.. (Blitch, Susan) (Filed on 2/6/2015) (Entered: 02/06/2015)	Feb. 6, 2015	Feb. 6, 2015 PACER
15	CERTIFICATE OF SERVICE by D.P-O., Jacob Parenti, Susan Parenti re 7 Summons Issued, 4 Case Assigned by Intake,,, 1 Complaint, 5 Notice of Appearance, 11 Order on Motion to Relate Case, 6 Notice of Appearance, 8 Initial Case Management Scheduling Order with ADR Deadlines, 3 Certificate of Interested Entities, 10 Consent/Declination to Proceed Before a US Magistrate Judge Proof of Service of Summons on Defendant California Forensic Medical Group (Piovia-Scott, Joshua) (Filed on 2/6/2015) (Entered: 02/06/2015)	Feb. 6, 2015	Feb. 6, 2015 PACER
16	CERTIFICATE OF SERVICE by D.P-O., Jacob Parenti, Susan Parenti re 7 Summons Issued, 4 Case Assigned by Intake,,, 1 Complaint, 5 Notice of Appearance, 6 Notice of Appearance, 8 Initial Case Management Scheduling Order with ADR Deadlines, 3 Certificate of Interested Entities, 10 Consent/Declination to Proceed Before a US Magistrate Judge Proof of Service of Summons on Defendant County of Monterey (Piovia-Scott, Joshua) (Filed on 2/6/2015) (Entered: 02/06/2015)	Feb. 6, 2015	Feb. 6, 2015 PACER
17	CERTIFICATE OF SERVICE by D.P-O., Jacob Parenti, Susan Parenti re 7 Summons Issued, 4 Case Assigned by Intake,,, 1 Complaint, 5 Notice of Appearance, 11 Order on Motion to Relate Case, 6 Notice of Appearance, 8 Initial Case Management Scheduling Order with ADR Deadlines, 3 Certificate of Interested Entities, 10 Consent/Declination to Proceed Before a US Magistrate Judge Proof of Service of Summons on Defendant Dr. Taylor Fithian (Piovia-Scott, Joshua) (Filed on 2/6/2015) (Entered: 02/06/2015)	Feb. 6, 2015	Feb. 6, 2015 PACER
18	CERTIFICATE OF SERVICE by D.P-O., Jacob Parenti, Susan Parenti re 7 Summons Issued, 4 Case Assigned by Intake,,, 1 Complaint, 5 Notice of Appearance, 11 Order on Motion to Relate Case, 6 Notice of Appearance, 8 Initial Case Management Scheduling Order with ADR Deadlines, 3 Certificate of Interested Entities, 10 Consent/Declination to Proceed Before a US Magistrate Judge Proof of Service of Summons on Defendant Officer Collins (Piovia-Scott, Joshua) (Filed on 2/6/2015) (Entered: 02/06/2015)	Feb. 6, 2015	Feb. 6, 2015 PACER
19	CERTIFICATE OF SERVICE by D.P-O., Jacob Parenti, Susan Parenti re 7 Summons Issued, 4 Case Assigned by Intake,,, 1 Complaint, 5 Notice of Appearance, 11 Order on Motion to Relate Case, 6 Notice of Appearance, 8 Initial Case Management Scheduling Order with ADR Deadlines, 3 Certificate of Interested Entities, 10 Consent/Declination to Proceed Before a US Magistrate Judge Proof of Service of Summons on Defendant Sheriff Scott Miller (Piovia-Scott, Joshua) (Filed on 2/6/2015) (Entered: 02/06/2015)	Feb. 6, 2015	Feb. 6, 2015 PACER
20	NOTICE of Appearance by Irven L. Grant (Grant, Irven) (Filed on 2/10/2015) (Entered: 02/10/2015)	Feb. 10, 2015	Feb. 10, 2015 PACER
21	NOTICE of Appearance by Michael Rudolph Philippi (Philippi, Michael) (Filed on 2/10/2015) (Entered: 02/10/2015)	Feb. 10, 2015	Feb. 10, 2015 PACER
22	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Blitch, Susan) (Filed on 2/10/2015) (Entered: 02/10/2015)	Feb. 10, 2015	Feb. 10, 2015 PACER
23	Defendant California Forensic Medical Group, Inc. and Taylor Fithian, M.D.'s ANSWER to Complaint with Jury Demand byCalifornia Forensic Medical Group, Taylor Fithian, M.D.. (Attachments: # 1 Certificate/Proof of Service)(Bertling, Peter) (Filed on 3/11/2015) (Entered: 03/11/2015) 1 Certificate/Proof of Service View on PACER	March 11, 2015	March 11, 2015 PACER
24	NOTICE of Appearance by Jemma Allison Parker Saunders on behalf of Defendants California Forensic Medical Group, Inc. and Taylor Fithian, M.D. (Attachments: # 1 Certificate/Proof of Service)(Saunders, Jemma) (Filed on 3/11/2015) (Entered: 03/11/2015) 1 Certificate/Proof of Service View on PACER	March 11, 2015	March 11, 2015 PACER
25	CLERK'S NOTICE Re: Consent or Declination: Defendants California Forensic Medical Group and Taylor Fithian, M.D. shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice, by 4/7/2015. Forms are available at: http://cand.uscourts.gov/civilforms. (ofr, COURT STAFF) (Filed on 3/24/2015) (Entered: 03/24/2015)	March 24, 2015	March 24, 2015 PACER
26	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Forensic Medical Group, Taylor Fithian, M.D... (Attachments: # 1 Certificate/Proof of Service)(Saunders, Jemma) (Filed on 3/25/2015) (Entered: 03/25/2015) 1 Certificate/Proof of Service View on PACER	March 25, 2015	March 25, 2015 PACER
27	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Rifkin, Lori) (Filed on 4/7/2015) (Entered: 04/07/2015)	April 7, 2015	April 7, 2015 PACER
28	ADR Clerk's Notice Setting ADR Phone Conference on Wednesday, April 22, 2015 at 11:30 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 4/8/2015) (Entered: 04/08/2015)	April 8, 2015	April 8, 2015 PACER
29	MOTION to Appear by Telephone at the April 28, 2015 Case Management Conference filed by D.P-O., Jacob Parenti, Susan Parenti. (Attachments: # 1 Proposed Order Granting Request to Appear Telephonically at Case Management Conference)(Piovia-Scott, Joshua) (Filed on 4/15/2015) (Entered: 04/15/2015) 1 Proposed Order Granting Request to Appear Telephonically at Case Management Conf View on PACER	April 15, 2015	April 15, 2015 PACER
30	ORDER GRANTING PLAINTIFFS' REQUEST TO APPEAR TELEPHONICALLY AT THE APRIL 28, 2015 CASE MANAGEMENT CONFERENCE by Judge Paul S. Grewal, granting 29 . Counsel is instructed to contact CourtCall at 866-582-6878 to arrange for telephonic appearance. (ofr, COURT STAFF) (Filed on 4/16/2015) (Entered: 04/16/2015)	April 16, 2015	April 16, 2015 PACER
31	MOTION to Appear by Telephone filed by Collins, County of Monterey, Scott Miller. (Attachments: # 1 Declaration Irven L. Grant, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Grant, Irven) (Filed on 4/21/2015) (Entered: 04/21/2015) 1 Declaration Irven L. Grant View on PACER 2 Proposed Order View on PACER 3 Certificate/Proof of Service View on PACER	April 21, 2015	April 21, 2015 PACER
32	MOTION to Appear by Telephone at the 4-28-15 CMC filed by California Forensic Medical Group, Taylor Fithian, M.D.. (Attachments: # 1 Declaration Jemma Parker Saunders, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Saunders, Jemma) (Filed on 4/21/2015) (Entered: 04/21/2015) 1 Declaration Jemma Parker Saunders View on PACER 2 Proposed Order View on PACER 3 Certificate/Proof of Service View on PACER	April 21, 2015	April 21, 2015 PACER
33	JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by D.P-O., Jacob Parenti, Susan Parenti. (Piovia-Scott, Joshua) (Filed on 4/21/2015) (Entered: 04/21/2015)	April 21, 2015	April 21, 2015 PACER
34	ORDER GRANTING DEFENDANTS COUNTY OF MONTEREY, SHERIFF SCOTT MILLER AND OFFICER COLLINS' REQUEST TO APPEAR TELEPHONICALLY AT THE APRIL 28, 2015 CASE MANAGEMENT CONFERENCE by Judge Paul S. Grewal, granting 31 . Counsel is instructed to contact CourtCall at 866-582-6878 to arrange for telephonic appearance. (ofr, COURT STAFF) (Filed on 4/22/2015) (Entered: 04/22/2015)	April 22, 2015	April 22, 2015 PACER
35	ORDER GRANTING DEFENDANTS CFMG AND TAYLOR FITHIAN'S REQUEST TO MAKE A TELEPHONIC APPEARANCE AT THE APRIL 28, 2015 CMC by Judge Paul S. Grewal, granting 32 . Counsel is instructed to contact CourtCall at 866-582-6878 to arrange for telephonic appearance. (ofr, COURT STAFF) (Filed on 4/22/2015) (Entered: 04/22/2015)	April 22, 2015	April 22, 2015 PACER
	ADR Phone Conference held	April 23, 2015	April 23, 2015 PACER
	ADR Remark: ADR Phone Conference held 4/22/2015 with Robin W. Siefkin. (cmf, COURT STAFF) (Filed on 4/23/2015)	April 23, 2015	April 23, 2015 PACER
	ADR Remark: ADR Phone Conference held	April 23, 2015	April 23, 2015 PACER
36	Minute Entry for proceedings held before Magistrate Judge Paul Singh Grewal: Case Management Conference held on 4/28/2015 as to 5:13-cv-02354-PSG and 5:14-cv-05481-PSG. As to Case No. 5:14-cv-05481-PSG, Jury Trial set for 11/7/2016 at 9:30 AM in Courtroom 5, 4th Floor, San Jose. Case management scheduling order to issue. As to 5:13-cv-02354-PSG, case schedule to remain as presently set. Parties may submit a stipulated request to modify schedule for the court's review. FTR Time: (10:02 to 10:16). Plaintiff Attorney(s) present: Lori Rifkin. Also present (telephonically): Michael Bien and Josh Piovia-Scott. Defendant Attorney(s) present: Michael Philippi. Also present (telephonically): Irven Grant and Jemma Saunders. This is a text only Minute Entry. (ofr, COURT STAFF) (Date Filed: 4/28/2015) (Entered: 04/28/2015)	April 28, 2015	April 28, 2015 PACER
	Set/Reset Hearings	April 28, 2015	April 28, 2015 PACER

Case: Parenti v. County of Monterey

5:14-cv-05481 | U.S. District Court for the Northern District of California

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