Case: Bock v. County of Sutter

2:11-cv-00536 | U.S. District Court for the Eastern District of California

Filed Date: Feb. 24, 2011

Closed Date: Sept. 4, 2014

Clearinghouse coding complete

Case Summary

On February 24, 2011, the estate of a mentally ill inmate who committed suicide in the Sutter County Jail filed a lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs filed the lawsuit against Sutter County, the California Department of Mental Health, the county sheriff, and other mental health providers charged with his care. The plaintiffs, represented by private counsel, asked the court for compensatory and punitive damages alleging violations of the Eigh…

On February 24, 2011, the estate of a mentally ill inmate who committed suicide in the Sutter County Jail filed a lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs filed the lawsuit against Sutter County, the California Department of Mental Health, the county sheriff, and other mental health providers charged with his care. The plaintiffs, represented by private counsel, asked the court for compensatory and punitive damages alleging violations of the Eighth Amendment, the Fourteenth Amendment, Title II of the ADA, Section 504 of the Rehabilitation Act, and state law. The plaintiffs also allege medical malpractice, negligence, negligent supervision, training, hiring, and retention, wrongful death and failure to furnish/summon medical care.

Specifically, the decedent was experiencing mental health issues and required psychiatric treatment. On several occasion from 2009 to 2010, decedent was involuntarily hospitalized pursuant to California law at a county mental health facility. In 2010, the decedent was jailed multiple times. The last time he was jailed, a judge ordered his transfer to a hospital for treatment but the jail did not transfer him. After being placed in solitary confinement and denied treatment at the jail for four weeks, he committed suicide in his cell.

Since that time, the Sutter County Grand Jury issued a report finding, among other things, that the Jail has known deficiencies with relation to its provision of mental health care and medical treatment to inmates. For example, the Grand Jury found deficiencies such as inadequate medical staffing, lack of required training on suicide prevention and other medical treatment, non-compliant medical policies and procedures and a non-compliant medical program. According to the Grand Jury, those deficiencies were "unacceptable." Plaintiffs also allege that, since Decedent's death, several other inmates have also passed away from preventable causes.

On January 9, 2012, Magistrate Judge Gregory Hollows issued an opinion granting in part and denying in part the defendant Sutter County's motion for a protective order and for temporary state of discovery. Magistrate Hollows ordered immediate discovery regarding the identities of potential defendants but stayed all remaining discovery for thirty days. 2012 WL 94618, (E.D. Cal. Jan. 9, 2012).

On February 8, 2012, Judge Morrison England issued an opinion granting the defendants' motion to dismiss the plaintiffs' first amended complaint with leave to amend. 2012 WL 423704 (E.D. Cal. Feb. 8, 2012). The plaintiffs amended their complaint.

Again, the defendants moved to dismiss each of the plaintiffs' claims. On August 31, 2012, Judge England issued an opinion granting the defendants' motion in part and denying it in part. Judge England did not dismiss the all of the deliberate indifference claims, the loss of parent/child relationship claim, the professional negligence/medical malpractice claim, the negligence claim, the failure to furnish/summon medical care claim, and the wrongful death claim. Judge England did dismiss the Title II of the ADA claims, the Section 504 of the Rehabilitation Act claim, the state law civil rights claim, and the negligent supervision, training, hiring and retention claim. 2012 WL 3778953 (E.D. Cal. Aug. 31, 2012). Following this order, the parties went through discovery and preparations for the trial. The parties also entered into settlement negotiations.

On July 22, 2014, the parties reached a private settlement agreement and agreed to dismiss the case. The County agreed to pay $800,000 and promised to consider expert recommendations to improve the treatment of prisoners with serious mental illness and medical conditions at the jail going forward. On September 4, 2014, Judge England dismissed the case.

Summary Authors

Jessica Kincaid (9/17/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5884093/parties/bock-v-county-of-sutter/


Documents in the Clearinghouse

Documents in this case

2:11-cv-00536

Docket [PACER]

Sept. 4, 2014

Sept. 4, 2014

Docket
1

2:11-cv-00536

Complaint for Violations of Civil Rights, Americans with Disabilities Act, Section 504, and State Law

Feb. 24, 2011

Feb. 24, 2011

Complaint
24

2:11-cv-00536

Order

Jan. 9, 2012

Jan. 9, 2012

Order/Opinion

2012 WL 94618

26

2:11-cv-00536

Memorandum and Order

Feb. 8, 2012

Feb. 8, 2012

Order/Opinion

2012 WL 423704

43

2:11-cv-00536

Memorandum and Order

Aug. 30, 2012

Aug. 30, 2012

Order/Opinion

2012 WL 3778953

97

2:11-cv-00536

Fifth Amended Complaint for Violation of Civil Rights and State Law

March 28, 2014

March 28, 2014

Complaint
105

2:11-cv-00536

Plaintiffs' Notice of Filing of Recommendations to Improve Care and to Avoid Preventable Deaths at Sutter County Jail

July 2, 2014

July 2, 2014

Pleading / Motion / Brief
108

2:11-cv-00536

Stipulation of Dismissal With Prejudice

July 22, 2014

July 22, 2014

Settlement Agreement
110

2:11-cv-00536

Order Granting Stipulation of Dismissal With Prejudice

Sept. 3, 2014

Sept. 3, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5884093/bock-v-county-of-sutter/

Last updated April 8, 2025, 2:28 p.m.

ECF Number Date Description Link
1 Feb. 24, 2011

COMPLAINT for Violation of Civil Rights against Cliff Allenby, Christopher Barnett, Amerjit Bhattal, California Department of Mental Health, County of Sutter, County of Yuba, Brad Luz, Dolly Mattheucci, Sadoutounnissa Meer, J. Paul Parker, Tom Sherry, John S Zil, MD by Cyndie Denny Bock. Attorney Galvan, Ernest added.(Galvan, Ernest) (Entered: 02/24/2011)

RECAP
Feb. 25, 2011

RECEIPT number #CAE200033579 $350.00 fbo Bock, et al by Aaron Fisher on 2/25/2011. (Matson, R) (Entered: 02/25/2011)

PACER
2 Feb. 25, 2011

CIVIL COVER SHEET by M. B., Cyndie Denny Bock, Hillary Bock, Kellie Bock, Kimberly Bock, Laura Lynn Bock, Robert Bock (Fischer, Aaron) (Entered: 02/25/2011)

RECAP
4 Feb. 25, 2011

SUMMONS ISSUED as to *Cliff Allenby, Christopher Barnett, Amerjit Bhattal, California Department of Mental Health, County of Sutter, County of Yuba, Brad Luz, Dolly Mattheucci, Sadoutounnissa Meer, J. Paul Parker, Tom Sherry, John S. Zil* with answer to complaint due within *21* days. Attorney *Ernest Galvan* *315 Montgomery Street* *10th Floor* *San Francisco, CA 94104-1823*. (Matson, R) (Entered: 02/25/2011)

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5 Feb. 25, 2011

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP Form) (Matson, R) (Entered: 02/25/2011)

1 Consent Form

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2 VDRP Form

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Feb. 25, 2011

RECEIPT number #CAE200033579 $350.00 fbo Bock, et al by Aaron Fisher on 2/25/2011. (Matson, R)

6 May 25, 2011

FIRST AMENDED COMPLAINT against all defendants by plaintiffs; DEMAND for Jury Trial. Attorney Fischer, Aaron Joseph added. (Fischer, Aaron) Modified on 5/26/2011 (Marciel, M). (Entered: 05/25/2011)

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7 May 26, 2011

(DISREGARD - Duplicate of 6 First Amended Complaint.) FIRST AMENDED COMPLAINT against all defendants by plaintiffs. (Galvan, Ernest) Modified on 6/21/2011 (Kastilahn, A). (Entered: 05/26/2011)

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8 June 20, 2011

SUMMONS RETURNED EXECUTED: Christopher Barnett served on 6/15/2011, answer due 7/6/2011; Amerjit Bhattal served on 6/15/2011, answer due 7/6/2011; County of Sutter served on 6/15/2011, answer due 7/6/2011; County of Yuba served on 6/15/2011, answer due 7/6/2011; Brad Luz served on 6/15/2011, answer due 7/6/2011; Sadoutounnissa Meer served on 6/15/2011, answer due 7/6/2011; J. Paul Parker served on 6/15/2011, answer due 7/6/2011; Tom Sherry served on 6/15/2011, answer due 7/6/2011; John S. Zil served on 6/20/2011, answer due 7/11/2011. (Fischer, Aaron) (Entered: 06/20/2011)

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9 June 28, 2011

EX PARTE APPLICATION to Exceed Page Limits by Christopher Barnett, Amerjit Bhattal, County of Sutter, County of Yuba, Brad Luz, Sadoutounnissa Meer, J. Paul Parker, Tom Sherry, John S. Zil for /to Exceed Page Limits. Attorney Whitefleet, John Robert added. (Whitefleet, John) (Entered: 06/28/2011)

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10 June 29, 2011

ORDER signed by Judge Morrison C. England, Jr. on 06/28/11 GRANTING the 9 Ex Parte Application. Defendants points and authorities are not to exceed 25 pages in length. (Michel, G) (Entered: 06/29/2011)

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11 July 5, 2011

MOTION to DISMISS by Christopher Barnett, Amerjit Bhattal, County of Sutter, County of Yuba, Brad Luz, Sadoutounnissa Meer, J. Paul Parker, Tom Sherry, John S. Zil. Motion Hearing set for 8/25/2011 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Attachments: # 1 Notice)(Whitefleet, John) (Entered: 07/05/2011)

1 Notice

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12 Aug. 9, 2011

STIPULATION and PROPOSED ORDER for /to Continue Hearing date re 11 MOTION to DISMISS by Christopher Barnett, Amerjit Bhattal, County of Sutter, County of Yuba, Brad Luz, Sadoutounnissa Meer, J. Paul Parker, Tom Sherry, John S. Zil. (Whitefleet, John) (Entered: 08/09/2011)

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13 Aug. 15, 2011

ORDER signed by Judge Morrison C. England, Jr on 8/15/11 as to 11 MOTION to DISMISS : Motion Hearing reset for 9/6/2011 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Manzer, C) (Entered: 08/15/2011)

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14 Aug. 16, 2011

JOINT STATUS REPORT by Christopher Barnett, Amerjit Bhattal, County of Sutter, County of Yuba, Brad Luz, Sadoutounnissa Meer, J. Paul Parker, Tom Sherry, John S. Zil. (Whitefleet, John) (Entered: 08/16/2011)

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15 Aug. 23, 2011

EX PARTE APPLICATION to Exceed Page Limit in Plaintiffs' Opposition to Defendants' Motion to Dismiss by M. B., Cyndie Denny Bock, Hillary Bock, Kellie Bock, Kimberly Bock, Laura Lynn Bock, Robert Bock. (Fischer, Aaron) (Entered: 08/23/2011)

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16 Aug. 23, 2011

OPPOSITION by M. B., Cyndie Denny Bock, Hillary Bock, Kellie Bock, Kimberly Bock, Laura Lynn Bock, Robert Bock to 11 MOTION to DISMISS. (Fischer, Aaron) (Entered: 08/23/2011)

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17 Aug. 23, 2011

REQUEST for JUDICIAL NOTICE by M. B., Cyndie Denny Bock, Hillary Bock, Kellie Bock, Kimberly Bock, Laura Lynn Bock, Robert Bock in re 16 Opposition to Motion. (Fischer, Aaron) (Entered: 08/23/2011)

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18 Aug. 29, 2011

REPLY by Christopher Barnett, Amerjit Bhattal, County of Sutter, County of Yuba, Brad Luz, Sadoutounnissa Meer, J. Paul Parker, Tom Sherry, John S. Zil re 16 Opposition to Motion. (Whitefleet, John) (Entered: 08/29/2011)

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19 Aug. 30, 2011

ORDER signed by Judge Morrison C. England, Jr on 8/29/11 ORDERING that Plaintiffs' ex parte application to exceed the page limit for their Opposition to Defendants' Motion to Dismiss is GRANTED. (Becknal, R) (Entered: 08/30/2011)

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20 Sept. 1, 2011

MINUTE ORDER (Text Only) issued by CRD S. Deutsch for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion to Dismiss 11, scheduled for hearing on 9/6/2011, is submitted without oral argument. The hearing date of 9/6/2011 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date.(Deutsch, S) (Entered: 09/01/2011)

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21 Dec. 12, 2011

MOTION for PROTECTIVE ORDER and TEMPORARY STAY of DISCOVER by County of Sutter. Motion Hearing set for 1/5/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Whitefleet, John) Modified on 12/14/2011 (Marciel, M). (Entered: 12/12/2011)

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22 Dec. 29, 2011

JOINT STATEMENT REGARDING DISCOVERY DISAGREEMENT by Defendants Christopher Barnett, Amerjit Bhattal, County of Sutter, County of Yuba, Brad Luz, Sadoutounnissa Meer, J. Paul Parker, Tom Sherry, John S. Zil re 21 Motion for Protective Order and for Temporary Stay of Discovery. (Attachments: # 1 Declaration)(Whitefleet, John) Modified on 1/3/2012 (Kastilahn, A). (Entered: 12/29/2011)

1 Declaration

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23 Jan. 5, 2012

MINUTES (Text Only) for proceedings held before Magistrate Judge Gregory G. Hollows: MOTION HEARING held on 1/5/2012 re 21 Motion for Protective Order and for Temporary Stay of Discovery filed by County of Sutter. The motion is submitted the court will issue a written order. Discovery is stayed for a period of thirty days. Plaintiffs Counsel Aaron Fischer and Ernest Galvan present. Defendants Counsel John Whitefleet present. Court Reporter/CD Number: 1 of 1. (Callen, V) Modified on 1/5/2012 (Callen, V). (Entered: 01/05/2012)

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24 Jan. 9, 2012

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/9/2012 ORDERING that Defendant County of Sutter's 21 motion for protective order and for temporary stay of discovery, filed December 12, 2011, is GRANTED IN PART and DENIED IN PART. Plaintiffs may immediately obtain discovery regarding identities of potential Doe Defendants. All remaining discovery is STAYED for thirty days from the date of this order. (Zignago, K.) (Entered: 01/09/2012)

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25 Feb. 3, 2012

MOTION to COMPEL Doe Discovery in compliance with Court Order by Cyndie Denny Bock. Motion Hearing set for 3/1/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Fischer, Aaron) Modified on 2/7/2012 (Marciel, M). (Entered: 02/03/2012)

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26 Feb. 8, 2012

ORDER signed by Judge Morrison C. England, Jr on 2/7/12 ORDERING that Defendants' MOTION TO DISMISS 11 is GRANTED without leave to Amend as to Plaintiffs' seventh cause of action against Defendants County of Sutter and County of Yuba, and GRANTED with leave to amend as to all Plaintiffs' remaining claims. Not later than thirty (30) days following the date this Memorandum and Order is electronically filed, Plaintiff may (but is not required to) file a Second Amended Complaint. (Mena-Sanchez, L) (Entered: 02/08/2012)

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27 Feb. 23, 2012

WITHDRAWAL of 25 Motion to Compel Doe Discovery in compliance with Court Order by Cyndie Denny Bock. (Fischer, Aaron) (Entered: 02/23/2012)

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28 March 9, 2012

SECOND AMENDED COMPLAINT against Christopher Barnett, County of Sutter, County of Yuba, J. Paul Parker, John S. Zil, David Samson, Norman Bidwell, Bobby Joe Little, David Calapini, Shaun Fliehman, R. C., Katy Mullin, Denise McGinnis, Sutter County Jail Facility Manager by Robert Bock, Kimberly Bock, Cyndie Denny Bock, Laura Lynn Bock, Kellie Bock, Hillary Bock, M. B..(Fischer, Aaron) (Entered: 03/09/2012)

RECAP
29 March 23, 2012

STIPULATION and PROPOSED ORDER for Filing of Third Amended Complaint by M. B., Cyndie Denny Bock, Hillary Bock, Kellie Bock, Kimberly Bock, Laura Lynn Bock, Robert Bock. (Galvan, Ernest) (Entered: 03/23/2012)

RECAP
30 March 27, 2012

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 3/27/12 ORDERING that Plaintiffs may file the Third Amended Complaint attached hereto as Exhibit A.(Mena-Sanchez, L) (Entered: 03/27/2012)

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31 March 27, 2012

THIRD AMENDED COMPLAINT against Christopher Barnett, Norman Bidwell, R. C., David Calapini, County of Sutter, County of Yuba, Shaun Fliehman, Bobby Joe Little, Denise McGinnis, Katy Mullin, J. Paul Parker, David Samson, Sutter County Jail Facility Manager, John S. Zil by Robert Bock, Kimberly Bock, Cyndie Denny Bock, Laura Lynn Bock, Kellie Bock, Hillary Bock, M. B.. (Attachments: # 1 Civil Cover Sheet)(Galvan, Ernest) (Entered: 03/27/2012)

1 Civil Cover Sheet

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32 March 29, 2012

SUMMONS ISSUED as to *Norman Bidwell, David Calapini, Shaun Fliehman, Bobby Joe Little, David Samson, Sutter County Jail Facility Manager* with answer to complaint due within *21* days. Attorney *Ernest Galvan* *Rosen Bien & Galvan, LLP* *315 Montgomery Street 10th Floor* *San Francisco, CA 94104*. (Mena-Sanchez, L) (Entered: 03/29/2012)

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33 March 30, 2012

SUMMONS ISSUED as to *R. C., Denise McGinnis, Katy Mullin* with answer to complaint due within *21* days. Attorney *Ernest Galvan* *Rosen Bien & Galvan, LLP* *315 Montgomery Street, 10th Floor* *San Francisco, CA 94104*. (Mena-Sanchez, L) (Entered: 03/30/2012)

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34 April 11, 2012

SUMMONS RETURNED EXECUTED: Norman Bidwell served on 4/5/2012, answer due 4/26/2012; David Calapini served on 4/5/2012, answer due 4/26/2012; Shaun Fliehman served on 4/5/2012, answer due 4/26/2012; Bobby Joe Little served on 4/5/2012, answer due 4/26/2012; Denise McGinnis served on 4/5/2012, answer due 4/26/2012; Katy Mullin served on 4/5/2012, answer due 4/26/2012; David Samson served on 4/5/2012, answer due 4/26/2012. (Mantoan, Kathryn) (Entered: 04/11/2012)

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35 April 25, 2012

EX PARTE APPLICATION to Exceed Page Limits on Memorandum of Points and Authorities in Support of Motion to Dismiss by Christopher Barnett, Norman Bidwell, David Calapini, County of Sutter, County of Yuba, Shaun Fliehman, Bobby Joe Little, Denise McGinnis, Katy Mullin, J. Paul Parker, David Samson, John S. Zil for /to Exceed Page Limits. Attorney Whitefleet, John Robert ADDED. (Whitefleet, John) Modified on 4/26/2012 (Michel, G). (Entered: 04/25/2012)

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36 April 26, 2012

MOTION to DISMISS by Christopher Barnett, Norman Bidwell, David Calapini, County of Sutter, County of Yuba, Shaun Fliehman, Bobby Joe Little, Denise McGinnis, Katy Mullin, J. Paul Parker, David Samson, John S. Zil. Motion Hearing SET for 5/31/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Attachments: # 1 Notice of Motion) (Whitefleet, John) Modified on 4/27/2012 (Michel, G). (Entered: 04/26/2012)

1 Notice

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37 April 30, 2012

ORDER signed by Judge Morrison C. England, Jr on 4/27/12 ORDERING that Defendants' Ex Parte Application 35 is GRANTED. Defendants may file points and authorities not to exceed thirty (30) pages in length; the same page restrictions apply to Plaintiff's opposition memorandum. A reply, if any, shall not be more than fifteen (15) pages. (Mena-Sanchez, L) (Entered: 04/30/2012)

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38 May 17, 2012

OPPOSITION by Cyndie Denny Bock to 36 Motion to Dismiss. (Fischer, Aaron) (Entered: 05/17/2012)

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39 May 24, 2012

REPLY by Christopher Barnett, Norman Bidwell, David Calapini, County of Sutter, County of Yuba, Shaun Fliehman, Bobby Joe Little, Denise McGinnis, Katy Mullin, J. Paul Parker, David Samson, John S. Zil to RESPONSE to 36 Motion to Dismiss. (Whitefleet, John) (Entered: 05/24/2012)

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40 May 29, 2012

MINUTE ORDER (Text Only) issued by courtroom deputy A. Shaddox-Waldrop for District Judge, Morrison C. England, Jr. on 5/29/2012: On the Court's own motion and pursuant to Local Rule 230(g), the 36 Motion to Dismiss, scheduled for hearing on 5/31/2012, is submitted without oral argument. The hearing date of 5/31/2012 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date. (Shaddox-Waldrop, A) (Entered: 05/29/2012)

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41 Aug. 10, 2012

MOTION to COMPEL Discovery re Plaintiff's First Set Requests for Production and First Set Interrogatories by Cyndie Denny Bock. Motion Hearing set for 09/06/12 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Fischer, Aaron) (Entered: 08/10/2012)

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42 Aug. 30, 2012

JOINT STATEMENT re Discovery Disagreement 41 Motion to Compel by Plaintiff Cyndie Denny Bock. (Attachments: # 1 Declaration of Aaron J. Fischer & Exhibits A-R)(Fischer, Aaron) Modified (Entered: 08/30/2012)

1 Declaration of Aaron J. Fischer

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43 Aug. 31, 2012

ORDER signed by Judge Morrison C. England, Jr on 8/30/12 ORDERING the County Defendants' Motion 36 is GRANTED in part and DENIED in part, consistent with the foregoing. Not later than twenty (20) days following the date this Memorandum and Order is electronically filed, Plaintiffs may (but are not required to) file an amended complaint on those issues as to which the motion to dismiss was granted. If no amended complaint is filed within said twenty (20) day period, without further notice to the parties, the causes of action dismissed by virtue of this Memorandum and Order will be dismissed with prejudice. (Matson, R) (Entered: 08/31/2012)

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44 Sept. 6, 2012

MINUTES (Text Only) for proceedings held before Magistrate Judge Gregory G. Hollows: MOTION HEARING held on 9/6/2012 re 41 Motion to Compel filed by Cyndie Denny Bock. The Court and Counsel discuss the various production request and interrogatories. The court will issue a summary order. Plaintiffs Counsel Aaron Fischer present. Defendants Counsel John R. Whitefleet present. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 09/06/2012)

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45 Sept. 10, 2012

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/10/12 ORDERING that the Plaintiffs' motion to compel discovery 41, is granted in part as outlined at hearing; Plaintiffs shall provide to the County the documents containing signatures, for which they need identification of signatures, within 5 days of the hearing; The County shall further respond to the discovery disputes addressed at hearing, within 21 days of the hearing and in accordance with the directives announced at hearing; In addition, to the extent that the County is withholding any documents, created prior to the commencement of this litigation, on the basis of privilege, a privilege log describing each document withheld, including identification of date, author and recipient, shall be served upon plaintiff's counsel contemporaneously with its further discovery responses; Plaintiffs' request for sanctions is denied.(Becknal, R) (Entered: 09/10/2012)

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46 Sept. 19, 2012

TRANSCRIPT of Plaintiff's Motion to Compel Proceedings held on 09/06/2012, before Magistrate Judge Gregory G. Hollows. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 10/12/2012. Redacted Transcript Deadline set for 10/22/2012. Release of Transcript Restriction set for 12/20/2012 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) (Entered: 09/19/2012)

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47 Sept. 21, 2012

MOTION to AMEND the 31 Amended Complaint, by M. B., Cyndie Denny Bock, Hillary Bock, Kellie Bock, Kimberly Bock, Laura Lynn Bock, Robert Bock. Motion Hearing set for 10/19/2012 at 10:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Attachments: # 1 Declaration of Aaron J. Fischer & Exhibits A-B, # 2 Proposed Order)(Fischer, Aaron) Modified on 9/24/2012 (Meuleman, A). (Entered: 09/21/2012)

1 Declaration of Aaron J. Fischer

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2 Proposed Order

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48 Sept. 25, 2012

MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The Court is in receipt of Plaintiffs' Motion to Amend the Amended Complaint 47 . The Motion as filed is deficient and the Plaintiffs are directed to renotice the Motion in compliance with Local Rule 230(a). Accordingly, the 10/19/2012 hearing date is vacated. (Deutsch, S) (Entered: 09/25/2012)

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49 Sept. 26, 2012

NOTICE to RESCHEDULE HEARING on 47 MOTION to AMEND the 31 Amended Complaint, : Motion Hearing set for 11/1/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Fischer, Aaron) (Entered: 09/26/2012)

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50 Oct. 10, 2012

STIPULATED PROTECTIVE ORDER by Christopher Barnett, Norman Bidwell, David Calapini, County of Sutter, County of Yuba, Shaun Fliehman, Bobby Joe Little, Denise McGinnis, Katy Mullin, J. Paul Parker, David Samson, John S. Zil. (Whitefleet, John) Modified on 10/11/2012 (Michel, G). (Entered: 10/10/2012)

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51 Oct. 16, 2012

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Gregory G. Hollows on 10/15/2012. (Zignago, K.) (Entered: 10/16/2012)

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52 Oct. 16, 2012

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/15/2012 ORDERING that the parties have sought to have the court sign a protective order where documents designated by the parties as "confidential," or "highly confidential" are automatically filed under seal. This order modifies in part the 51 protective order submitted by the parties on 10/10/2012, and filed concurrently with this order, particularly paragraphs 7 and 14 of that order. Procedurally, the parties must comply with E. D. Local Rule 141.1 in addition to Rule 141, regarding the sealing of documents. The Court shall not retain jurisdiction to enforce, construe, or modify its terms after the final disposition of this action. (Zignago, K.) (Entered: 10/16/2012)

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53 Oct. 18, 2012

AMENDED 47 MOTION to AMEND the Amended Complaint, by M. B., Cyndie Denny Bock, Hillary Bock, Kellie Bock, Kimberly Bock, Laura Lynn Bock, Robert Bock. Motion Hearing set for 11/15/12 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr. (Attachments: # 1 Declaration of Aaron J. Fischer & Exhibit A, # 2 Proposed Order)(Fischer, Aaron) (Entered: 10/18/2012)

1 Declaration of Aaron J. Fischer

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2 Proposed Order

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54 Nov. 1, 2012

STATEMENT of NON-OPPOSITION by Christopher Barnett, Norman Bidwell, David Calapini, County of Sutter, County of Yuba, Shaun Fliehman, Bobby Joe Little, Denise McGinnis, Katy Mullin, J. Paul Parker, David Samson, John S. Zil to 53 Amended Motion for Leave to File Fourth Amended Complaint. (Whitefleet, John) (Entered: 11/01/2012)

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55 Nov. 6, 2012

ORDER signed by Chief Judge Morrison C. England, Jr. on 11/06/12 ORDERING that the 53 Motion to Amend the Complaint is GRANTED; plaintiff shall file their Fourth Amended Complaint within 5 days. (Benson, A.) (Entered: 11/06/2012)

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56 Nov. 6, 2012

FOURTH AMENDED COMPLAINT against all defendants by plaintiffs; DEMAND for Jury Trial. (Fischer, Aaron) Modified on 11/7/2012 (Marciel, M) (Entered: 11/06/2012)

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57 Nov. 6, 2012

CIVIL COVER SHEET by plaintiffs (Fischer, Aaron) Modified on 11/7/2012 (Marciel, M) (Entered: 11/06/2012)

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58 Nov. 16, 2012

SUMMONS ISSUED as to *Rainbow Crane, Lewis McElfresh, Baljinder Rai* with answer to complaint due within *21* days. Attorney *Aaron Joseph Fischer* *Rosen Bien Galvan & Grunfeld LLP* *315 Montgomery Street, 10th Floor* *San Francisco, CA 94104*. (Meuleman, A) (Entered: 11/16/2012)

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59 Dec. 10, 2012

STIPULATION for Extension of Time to respond to 56 Fourth Amended Complaint by Christopher Barnett, Norman Bidwell, R. C., David Calapini, County of Sutter, County of Yuba, Rainbow Crane, Shaun Fliehman, Bobby Joe Little, Lewis McElfresh, Denise McGinnis, Katy Mullin, J. Paul Parker, Baljinder Rai, David Samson, Sutter County Jail Facility Manager, John S. Zil. Attorney Whitefleet, John Robert ADDED. (Whitefleet, John) Modified on 12/11/2012 (Michel, G). (Entered: 12/10/2012)

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60 Dec. 10, 2012

ANSWER to 56 Fourth Amended Complaint with Jury Demand by Christopher Barnett, Norman Bidwell, R. C., David Calapini, County of Sutter, County of Yuba, Rainbow Crane, Shaun Fliehman, Bobby Joe Little, Brad Luz, Lewis McElfresh, Denise McGinnis, Katy Mullin, J. Paul Parker, Baljinder Rai, David Samson, Sutter County Jail Facility Manager, John S. Zil. (Whitefleet, John) Modified on 12/11/2012 (Michel, G). (Entered: 12/10/2012)

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61 Dec. 13, 2012

MINUTE ORDER (Text Only) by Chief Judge Morrison C. England, Jr on 12/13/2012: In light of the recent motions to dismiss, the Court orders a further Joint Status Report which complies with the attached Order 5 on or before 1/7/2013, with all parties participating. (Espana-Purpur, A) (Entered: 12/13/2012)

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62 Jan. 7, 2013

JOINT STATUS REPORT by M. B., Cyndie Denny Bock, Hillary Bock, Kellie Bock, Kimberly Bock, Laura Lynn Bock, Robert Bock. (Fischer, Aaron) (Entered: 01/07/2013)

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63 Jan. 31, 2013

NOTICE of CHANGE of ADDRESS by Geri Lynn Green. (Green, Geri) (Entered: 01/31/2013)

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64 March 4, 2013

ORDER by Chief Judge Morrison C. England, Jr.: Due to the recalled appointment of Magistrate Judge * Gregory G. Hollows* to the bench of the Eastern District, this action is reassigned to *Magistrate Judge Kendall J. Newman* for all further proceedings. (Donati, J) (Entered: 03/04/2013)

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65 March 4, 2013

MOTION to COMPEL Production of Photographs From Defendant County of Sutter by Cyndie Denny Bock. Motion Hearing set for 4/4/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Fischer, Aaron) (Entered: 03/04/2013)

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66 March 5, 2013

MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 3/5/2012: Informing the parties that, due to the Court's own unavailability, the 4/4/2013 hearing re plaintiff's motion to compel 65 is hereby VACATED and CONTINUED to 4/11/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Pursuant to Local Rule 251, a joint statement must be filed no later than 7 days prior to the hearing (TEXT ONLY) (Caspar, M) (Entered: 03/05/2013)

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68 March 19, 2013

WITHDRAWAL of 65 MOTION to COMPEL Production of Photographs From Defendant County of Sutter by M. B., Cyndie Denny Bock, Hillary Bock, Kellie Bock, Kimberly Bock, Laura Lynn Bock, Robert Bock. (Fischer, Aaron) (Entered: 03/19/2013)

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69 March 28, 2013

PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr. on 3/26/13 ORDERING that All Discovery, with the exception of Expert Discovery, shall be completed by 4/9/2014. Disclosure of Expert Witnesses due by 6/9/2014. The last day to hear Dispositive Motions shall be 10/16/2014. The Final Pretrial Conference is SET for 12/18/2014 at 02:00 PM. The parties shall file, not later than 11/26/14, a Joint Final Pretrial Conference Statement. The parties shall file trial briefs not later than 12/4/14. Evidentiary and/or Procedural Motions are to be filed by 11/26/14. Oppositions must be filed by 12/4/14, and any reply must be filed by 12/11/14. Jury Trial is SET for 2/9/2015 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. A Settlement Conference is SET before Magistrate Judge Edmund F. Brennan 7/25/2013 at 10:00 AM. Each party is directed to submit to the chambers of Judge Edmund F. Brennan Confidential settlement Conference Statements not later than 7/18/13. (Mena-Sanchez, L) (Entered: 03/28/2013)

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70 March 29, 2013

MOTION to COMPEL Production of Requested Documents by Cyndie Denny Bock. Motion Hearing set for 4/25/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Fischer, Aaron) (Entered: 03/29/2013)

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71 April 12, 2013

MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 4/12/2013: ORDERING that, due to the court's own unavailability, the hearing on plaintiff's motion to compel 70 is continued to 5/2/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The parties shall file their joint statement in compliance with Local Rule 251 no later than 4/25/2013. (TEXT ONLY)(Caspar, M) (Entered: 04/12/2013)

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72 April 18, 2013

MOTION to COMPEL re Inspection of Sutter County Jail by Cyndie Denny Bock. Motion Hearing set for 5/9/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Fischer, Aaron) (Entered: 04/18/2013)

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73 April 25, 2013

STATEMENT of Joint Statement re Discovery Disagreement on Plaintiff's Motion to Compel by Plaintiff Cyndie Denny Bock re 70 MOTION to COMPEL Production of Requested Documents . (Attachments: # 1 Declaration of Aaron J. Fischer in Support of Plaintiffs' Position re Discovery Disagreement)(Fischer, Aaron) (Entered: 04/25/2013)

1 Declaration of Aaron J. Fischer in Support of Plaintiffs' Position re Disco

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74 April 29, 2013

MINUTE ORDER: (Text Only Entry) On the court's own motion, the hearing on plaintiffs' motion to compel 70, presently set for May 2, 2013, is continued to May 9, 2013 at 10:00 a.m. in Courtroom No. 25 before Magistrate Judge Kendall J. Newman (KJN), to be heard concurrently with plaintiffs' other motion to compel 72 set for that date.(Souvannarath, A) (Entered: 04/29/2013)

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75 May 2, 2013

DECLARATION of John R. Whitefleet in SUPPORT of Joint Statement RE Discovery Disagreement on Plaintiff's 70 MOTION to COMPEL.(Whitefleet, John) Modified on 5/6/2013 (Mena-Sanchez, L). (Entered: 05/02/2013)

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76 May 2, 2013

JOINT STATEMENT re Discovery disagreement on Plaintiffs' 72 MOTION to COMPEL. Attorney Rifkin, Lori added. (Attachments: # 1 Declaration of Lori E. Rifkin In Support of Motion)(Rifkin, Lori) Modified on 5/8/2013 (Mena-Sanchez, L). (Entered: 05/02/2013)

1 Declaration In Support of Plaintiffs' Motion to Compel Discovery Re: Inspec

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77 May 7, 2013

PROPOSED ORDER re Motion to Compel Discovery re 73 Statement, 70 Motion to Compel Production of Requested Documents. (Fischer, Aaron) Modified on 5/10/2013 (Reader, L). (Entered: 05/07/2013)

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78 May 7, 2013

PROPOSED ORDER re Motion to Compel Inspection 72, and Statement 76 . (Fischer, Aaron) Modified on 5/10/2013 (Reader, L). (Entered: 05/07/2013)

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79 May 7, 2013

DECLARATION of John R. Whitefleet in Support of to 72 Motion to Compel re Inspection of Sutter County Jail. (Whitefleet, John) Modified on 5/10/2013 (Reader, L). (Entered: 05/07/2013)

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80 May 7, 2013

DECLARATION of Lt. Norman Bidwell in Support of Opposition to 72 Motion to Compel re Inspection of Sutter County Jail. (Whitefleet, John) Modified on 5/10/2013 (Reader, L). (Entered: 05/07/2013)

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81 May 9, 2013

MINUTES for MOTION HEARING proceedings held before Magistrate Judge Kendall J. Newman on 5/9/2013: Court and counsel conferred re plaintiff's motions to compel 70 and 72 . Matters submitted. Order to issue. Plaintiffs Counsel Aaron Fischer for Lori Rifkin present. Defendants Counsel John Whitefleet present. ECRO/CD Number: 1 of 1. (Text Only) (Caspar, M) (Entered: 05/09/2013)

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82 May 13, 2013

ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/2013 ORDERING that Plaintiffs' 70, 72 Motions to Compel are GRANTED IN PART. (Zignago, K.) (Entered: 05/13/2013)

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83 June 13, 2013

TRANSCRIPT of Plaintiffs' Motion to Compel Proceedings held on 05/09/2013, before Magistrate Judge Kendall J. Newman. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/5/2013. Redacted Transcript Deadline set for 7/15/2013. Release of Transcript Restriction set for 9/12/201 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov3. (Anderson, J) (Entered: 06/13/2013)

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84 July 16, 2013

Defendants' EX-PARTE APPLICATION to Modify Pretrial Scheduling Order RE 69 Scheduling Order. (Whitefleet, John) Modified on 7/17/2013 (Mena-Sanchez, L). (Entered: 07/16/2013)

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85 July 17, 2013

RESPONSE by Cyndie Denny Bock to 84 Application. (Attachments: # 1 Declaration of Aaron J. Fischer)(Fischer, Aaron) (Entered: 07/17/2013)

1 Declaration of Aaron J. Fischer

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86 July 18, 2013

NOTICE re Submission of Settlement Conference Statement by All Plaintiffs re 85 Response, 84 Application. (Fischer, Aaron) (Entered: 07/18/2013)

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87 July 18, 2013

NOTICE of Submission of Defendants' Confidential Settlement Conference Statement by Christopher Barnett, Norman Bidwell, David Calapini, County of Sutter, County of Yuba, Rainbow Crane, Shaun Fliehman, Bobby Joe Little, Lewis McElfresh, Denise McGinnis, Katy Mullin, J. Paul Parker, Baljinder Rai, David Samson, John S. Zil re 69 Scheduling Order,,,,. (Whitefleet, John) (Entered: 07/18/2013)

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88 July 23, 2013

ORDER signed by Chief Judge Morrison C. England, Jr on 7/23/2013 GRANTING 84 Request to modify the 69 Pretrial Scheduling Order. Settlement Conference is CONTINUED TO 1/9/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (cc EFB) (Donati, J) (Entered: 07/23/2013)

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89 Sept. 20, 2013

MOTION TO WITHDRAW AS ATTORNEY by Geri Lynn Green. (Galvan, Ernest) Modified on 9/24/2013 (Michel, G). (Entered: 09/20/2013)

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90 Jan. 2, 2014

STATEMENT of SUBMISSION OF DEFENDANTS' CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT by Defendants Christopher Barnett, Amerjit Bhattal, Norman Bidwell, David Calapini, County of Sutter, County of Yuba, Rainbow Crane, Shaun Fliehman, Bobby Joe Little, Lewis McElfresh, Denise McGinnis, Katy Mullin, J. Paul Parker, Baljinder Rai, David Samson, John S. Zil re 88 Order. (Whitefleet, John) Modified on 1/6/2014 (Kastilahn, A). (Entered: 01/02/2014)

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91 Jan. 2, 2014

NOTICE re Submission of Confidential Settlement Conference Statement by All Plaintiffs. (Fischer, Aaron) (Entered: 01/02/2014)

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92 Jan. 9, 2014

MINUTES (Text Only) for SETTLEMENT CONFERENCE held on 1/9/2014 before Magistrate Judge Edmund F. Brennan: All parties present. After discussions with the Court, the case was unable to settle today. However, the Court ordered the matter set for further Settlement Conference on 4/17/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiffs Counsel Michael Bean and Aaron Fischer present. Defendants Counsel John Whitefleet present. (Cannarozzi, N) (Entered: 01/09/2014)

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93 March 26, 2014

STIPULATION and PROPOSED ORDER for Filing of Fifth Amended Complaint by M. B., Cyndie Denny Bock, Hillary Bock, Kellie Bock, Kimberly Bock, Laura Lynn Bock, Robert Bock. (Fischer, Aaron) (Entered: 03/26/2014)

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94 March 26, 2014

MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: The Court is in receipt of a Motion to Withdraw as Attorney by Plaintiffs' counsel, Geri Lynn Green, ECF No. 89. However, to withdraw as counsel, Geri Lynn Green is directed to file a substitution of attorneys as set forth in Local Rule 182(g). Pursuant to Local Rule182(d), Geri Lynn Green need not submit a motion to withdraw as attorney under the circumstances and ECF No 89 is therefore DENIED without prejudice.(Deutsch, S) (Entered: 03/26/2014)

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95 March 26, 2014

DESIGNATION of COUNSEL FOR SERVICE., attorney Geri Lynn Green and Lori Rifkin terminated (Fischer, Aaron) (Entered: 03/26/2014)

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96 March 28, 2014

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 3/27/14 ORDERING the Court, having reviewed the above stipulation of the parties and in the interests of justice and good cause appearing, hereby GRANTS the Stipulation and GRANTS Plaintiffs leave to file a Fifth Amended Complaint. The Fifth Amended Complaint, attached as Exhibit A to ECF No. 93, shall be deemed filed and served as of the date of the entry of this Order. (Becknal, R) (Entered: 03/28/2014)

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97 March 28, 2014

FIFTH AMENDED COMPLAINT for Violation of Civil Rights and State Law; Demand for Jury Trial. (Becknal, R) (Entered: 04/01/2014)

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98 April 4, 2014

MINUTE ORDER (Text Only) issued by CRD A. Shaddox-Waldrop for Magistrate Judge Kendall J. Newman on 4/4/2014: Pursuant to the parties' request, a telephonic discovery conference is set for Monday, 4/7/2014 at 02:30 PM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are instructed to file a joint discovery statement no more than 2 pages in length by 11:00 AM on 4/7/2014. Parties are further instructed to provide Judge Newman's courtroom deputy with telephone numbers for the conference. (Shaddox-Waldrop, A) (Entered: 04/04/2014)

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99 April 7, 2014

STATEMENT of Parties re Discovery Dispute by M. B., Cyndie Denny Bock, Hillary Bock, Kellie Bock, Kimberly Bock, Laura Lynn Bock, Robert Bock re [ 98 ] Minute Order. (Attachments: # 1 Declaration of Aaron J. Fischer, # 2 Proposed Order)(Fischer, Aaron) Modified on 4/9/2014 (Reader, L). (Entered: 04/07/2014)

1 Declaration of Aaron J. Fischer

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2 Proposed Order

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100 April 7, 2014

MINUTES for INFORMAL DISCOVERY CONFERENCE proceedings held before Magistrate Judge Kendall J. Newman on 4/7/2014: At the request of the parties, an informal telephonic discovery conference was conducted on 4/7/2014. The court provided the parties with informal guidance for resolution of their discovery dispute(s), for which no formal motion was filed. If the parties are unable to resolve their discovery dispute(s) informally, they shall proceed in accordance with the pretrial scheduling order, the court's Local Rules, and the Federal Rules of Civil Procedure. Plaintiffs Counsel Aaron Fischer present. Defendants Counsel John Whitfleet present. (Text Only) (Caspar, M) (Entered: 04/07/2014)

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Case Details

State / Territory:

California

Case Type(s):

Jail Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

California's Prisoners' Rights Bar article

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 24, 2011

Closing Date: Sept. 4, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Estate of an inmate with serious mental illness who committed suicide while in the County's jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

County of Sutter

State

California Department of Mental Health

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Other Dockets:

Eastern District of California 2:11-cv-00536

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 800,000

Issues

General/Misc.:

Classification / placement

Failure to supervise

Failure to train

Disability and Disability Rights:

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Suicide prevention (facilities)

Medical/Mental Health Care:

Mental health care, general

Self-injurious behaviors

Suicide prevention

Recommended Citation