Case: Estate of Prasad v. County of Sutter

2:12-cv-00592 | U.S. District Court for the Eastern District of California

Filed Date: March 6, 2012

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On March 6, 2012, the mother and minor children of a pre-trial detainee who died in jail from an infection filed this lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs sued the County of Sutter under 42 U.S.C. § 1983; represented by private counsel, they asked the court for monetary relief. The plaintiffs claimed that the defendants violated their father's substantive due process rights and the Constitutional prohibition against cruel and unusual punishme…

On March 6, 2012, the mother and minor children of a pre-trial detainee who died in jail from an infection filed this lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs sued the County of Sutter under 42 U.S.C. § 1983; represented by private counsel, they asked the court for monetary relief. The plaintiffs claimed that the defendants violated their father's substantive due process rights and the Constitutional prohibition against cruel and unusual punishment. Specifically, the plaintiffs claimed the defendants' poor medical care for their father's life-threatening infection led to his preventable death.

After a series of motions to dismiss by the defendant and amended complaints filed by the plaintiffs, the parties reached a settlement agreement. On April 10, 2014, the plaintiffs filed a motion for approval of a settlement and for orders to deposit money into blocked accounts. The defendants agreed to pay the plaintiffs $824,999. On June 11, 2014, parties agreed to the dismissal of the case.

Summary Authors

Jessica Kincaid (10/8/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5906217/parties/prasad-v-county-of-sutter/


Judge(s)

Delaney, Carolyn K. (California)

Nunley, Troy Lynne (California)

Attorneys(s) for Plaintiff

Bien, Michael W. (California)

Fischer, Aaron Joseph (California)

Galvan, Ernest (California)

Mantoan, Kathryn Grzenczyk (California)

Rifkin, Lori Ellen (California)

Stark, Jennifer Lori (California)

Attorneys(s) for Defendant

Holley, Glenn M. (California)

Kurlan, Jennifer C. (California)

Judge(s)

Delaney, Carolyn K. (California)

Nunley, Troy Lynne (California)

Attorneys(s) for Plaintiff

Bien, Michael W. (California)

Fischer, Aaron Joseph (California)

Galvan, Ernest (California)

Mantoan, Kathryn Grzenczyk (California)

Rifkin, Lori Ellen (California)

Stark, Jennifer Lori (California)

Attorneys(s) for Defendant

Holley, Glenn M. (California)

Kurlan, Jennifer C. (California)

Lyde, D. Marc (California)

Scott, Porter (California)

Whitefleet, John Robert (California)

Williams, Kathleen J. (California)

Zimmerman, Robert Harry (California)

Documents in the Clearinghouse

Document

2:12-cv-00592

Docket [PACER]

April 22, 2015

April 22, 2015

Docket
1

2:12-cv-00592

Complaint

March 6, 2012

March 6, 2012

Complaint
137

2:12-cv-00592

Third Amended Complaint

March 3, 2014

March 3, 2014

Complaint
140

2:12-cv-00592

Plaintiffs' Notice of Motion and Motion for Approval of Minors' Compromise and for Orders to Deposit Money Into Blocked Accounts

Prasad v. County of Sutter

April 10, 2014

April 10, 2014

Pleading / Motion / Brief
156

2:12-cv-00592

Stipulation of Dismissal With Prejudice

Prasad v. County of Sutter

June 11, 2014

June 11, 2014

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5906217/prasad-v-county-of-sutter/

Last updated Aug. 4, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants by A. P., T. P., Mary Prasad. Attorney Fischer, Aaron Joseph ADDED. (Fischer, Aaron) Modified on 3/7/2012 (Michel, G). (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

PACER
2

CIVIL COVER SHEET by A. P., T. P., Mary Prasad (Fischer, Aaron) (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

PACER

RECEIPT number #CAE200042760 $350.00 fbo Nathan Prasad, et. al. by Aaron J. Fischer on 3/7/2012. (Michel, G)

March 7, 2012

March 7, 2012

PACER
4

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/9/2012 (Attachments: # 1 Order re Consent) (Michel, G) (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

PACER
5

SUMMONS ISSUED as to *Norman Bidwell, Doris Brown, County of Sutter, Shane Dickson, Michael Fraters, Fremont-Rideout Health Group, J. Paul Parker, Baljinder Rai, David Samson, Melody Young* with answer to complaint due within *21* days. Attorney *Aaron Joseph Fischer* *Rosen, Bien & Galvan, LLP* *315 Montgomery Street, 10th Floor* *San Francisco, CA 94104*. (Donati, J) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
6

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/12/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: # 1 Consent Form, # 2 VDRP Form) (Donati, J) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
7

AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/11/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: # 1 Consent Form, # 2 VDRP Form) (Donati, J) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
8

CONSENT to JURISDICTION of US MAGISTRATE JUDGE by A. P., T. P., Mary Prasad. Attorney Mantoan, Kathryn Grzenczyk added. (Mantoan, Kathryn) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
9

WAIVER of SERVICE RETURNED EXECUTED: (Whitefleet, John) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
10

WAIVER of SERVICE RETURNED EXECUTED: (Whitefleet, John) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
11

SUMMONS RETURNED EXECUTED: Fremont-Rideout Health Group served on 4/12/2012, answer due 5/3/2012. (Mantoan, Kathryn) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
12

SUMMONS RETURNED EXECUTED: Michael Fraters served on 4/23/2012, answer due 5/14/2012. (Mantoan, Kathryn) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
13

STIPULATION to extend time to respond to the Complaint by A. P., T. P., Mary Prasad. (Mantoan, Kathryn) Modified on 5/7/2012 (Reader, L). (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
14

FIRST AMENDED COMPLAINT against All Defendants by A. P., T. P., Mary Prasad. Attorney Galvan, Ernest added. (Attachments: # 1 Civil Cover Sheet)(Galvan, Ernest) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
15

SUMMONS ISSUED as to *Amerjit Bhattal, Lou Anne Cummings, Brent Garbett* with answer to complaint due within *21* days. Attorney *Ernest Galvan* *315 Montgomery St., 10th Floor* *San Francisco, CA 94104-1823*. (Meuleman, A) (Entered: 05/10/2012)

May 10, 2012

May 10, 2012

PACER
16

CERTIFICATE of SERVICE by A. P., T. P., Mary Prasad re 14 Amended Complaint. (Mantoan, Kathryn) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
17

JOINT STATUS REPORT by A. P., T. P., Mary Prasad. (Mantoan, Kathryn) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
18

MOTION to DISMISS by Michael Fraters. Attorney Kurlan, Jennifer C. added. Motion Hearing set for 8/27/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kurlan, Jennifer) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER
19

MOTION to STRIKE Punitive Damages and Claims for Relief by Michael Fraters. Motion Hearing set for 8/27/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Kurlan, Jennifer) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER
20

STIPULATION to Extend Time to File Responsive Pleading to 14 Amended Complaint by Amerjit Bhattal, Norman Bidwell, Doris Brown, County of Sutter, Lou Anne Cummings, Shane Dickson, Brent Garbett, J. Paul Parker, Baljinder Rai, David Samson, Melody Young. Attorney Whitefleet, John Robert added. (Whitefleet, John) Modified on 6/7/2012 (Kastilahn, A). (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
21

MOTION to STRIKE by Fremont-Rideout Health Group. Attorney Zimmerman, Robert Harry added. Motion Hearing set for 8/27/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Zimmerman, Robert) Modified on 6/5/2012 (Kastilahn, A). (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
22

MOTION to DISMISS by Fremont-Rideout Health Group. Motion Hearing set for 8/27/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Zimmerman, Robert) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
23

ORDER signed by Judge Garland E. Burrell, Jr on 6/5/12 ORDERING the Joint Status Report filed 5/25/12, reveals this case is not ready to be scheduled. Therefore, the Status (Pretrial Scheduling) Conference set for hearing on 6/11/12, continued to 8/20/12, at 9:00 a.m. A further joint status report shall be filed no later than fourteen (14) days prior to the Status Conference; Plaintiffs are notified that failure to serve Defendants LouAnne Cummings, Amerjit Bhattal, and Brent Garbett with process within the 120 day period may result in the unserved defendants being dismissed. To avoid dismissal, on or before 9/10/12, Plaintiffs shall file proof of service for these defendants or a sufficient explanation why service was not effected within Rule 4(m)'s prescribed service period. Lastly, no later than 8/6/12, counsel or the minor plaintiffs shall "present (1) appropriate evidence of the appointment of a representative for the minor... under state law[,] or (2) [file] a motion for the appointment of a guardian ad litem by the Court in accordance with Local Rule 202(a).(Becknal, R) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

RECAP
24

MOTION to DISMISS by Amerjit Bhattal, Norman Bidwell, Doris Brown, County of Sutter, Lou Anne Cummings, Shane Dickson, Brent Garbett, J. Paul Parker, Baljinder Rai, David Samson, Melody Young. Motion Hearing set for 08/27/12 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. (Attachments: # 1 Notice)(Whitefleet, John) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
25

CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Michael Fraters. (Kurlan, Jennifer) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
26

MOTION to APPOINT GUARDIAN AD LITEM for Minor A.P. by Mary Prasad. (Attachments: # 1 Proposed Order)(Mantoan, Kathryn) Modified on 7/31/2012 (Benson, A.). (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
27

MOTION to APPOINT GUARDIAN AD LITEM for Minor T.P. by Mary Prasad. (Attachments: # 1 Proposed Order)(Mantoan, Kathryn) Modified on 7/31/2012 (Benson, A.). (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
28

ORDER granting 27 Motion to Appoint Guardian ad Litem signed by Judge Garland E. Burrell, Jr on 7/31/12. Mary Prasad is appointed guardian ad litem for the minor T.P. in this action. (Kaminski, H) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

RECAP
29

ORDER granting 26 Motion to Appoint Guardian ad Litem signed by Judge Garland E. Burrell, Jr on 7/31/12: Mary Prasad is appointed guardian ad litem for the minor A.P. in this action. (Kaminski, H) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

RECAP
30

FURTHER JOINT STATUS REPORT by A. P., T. P., Mary Prasad. (Mantoan, Kathryn) Modified on 8/7/2012 (Reader, L). (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
31

OPPOSITION by A. P., T. P., Mary Prasad to 24 Motion to Dismiss. (Mantoan, Kathryn) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
32

OPPOSITION by A. P., T. P., Mary Prasad to 22 MOTION to DISMISS. (Mantoan, Kathryn) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
33

OPPOSITION by A. P., T. P., Mary Prasad to 21 MOTION to STRIKE. (Mantoan, Kathryn) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
34

OPPOSITION by A. P., T. P., Mary Prasad to 18 MOTION to DISMISS. (Mantoan, Kathryn) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
35

OPPOSITION by A. P., T. P., Mary Prasad to 19 MOTION to STRIKE Punitive Damages and Claims for Relief. (Mantoan, Kathryn) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
36

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr. on 8/14/12 ORDERING that the 8/20/12 status conference is vacated; Discovery due by 2/7/2014; Motions filed by 4/7/2014; Final Pretrial Conference set for 6/9/2014 at 01:30 PM and Trial set for 9/9/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Matson, R) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
37

REPLY by Michael Fraters to RESPONSE to 18 MOTION to DISMISS. (Kurlan, Jennifer) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
38

REPLY by Michael Fraters to RESPONSE to 19 MOTION to STRIKE Punitive Damages and Claims for Relief. (Kurlan, Jennifer) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
39

REPLY by Fremont-Rideout Health Group re 21 MOTION to STRIKE. (Zimmerman, Robert) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
40

REPLY by Fremont-Rideout Health Group re 22 MOTION to DISMISS. (Zimmerman, Robert) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
41

REPLY by Amerjit Bhattal, Norman Bidwell, Doris Brown, County of Sutter, Lou Anne Cummings, Shane Dickson, Brent Garbett, J. Paul Parker, Baljinder Rai, David Samson, Melody Young re 31 Opposition to Motion. (Whitefleet, John) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
42

MINUTE ORDER: The Motions to Dismiss and Motions to Strike, scheduled for hearing on 8/27/12, are submitted without oral argument. There will not be a hearing on 8/27/12, and no appearance is necessary. re 21 Motion to Strike, 19 Motion to Strike, 22 Motion to Dismiss, 24 Motion to Dismiss, 18 Motion to Dismiss Ordered by Judge Garland E. Burrell, Jr on 8/24/12. (Furstenau, S) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
43

MOTION to AMEND the 14 Amended Complaint by A. P., T. P., Mary Prasad. Motion Hearing set for 11/19/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: # 1 Declaration of Kathryn G. Mantoan and Exhibit A (Proposed Second Amended Complaint), # 2 Proposed Order)(Mantoan, Kathryn) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
44

OPPOSITION to 43 Motion to Amend the 14 Amended Complaint by Amerjit Bhattal, Norman Bidwell, Doris Brown, County of Sutter, Lou Anne Cummings, Shane Dickson, Brent Garbett, J. Paul Parker, Baljinder Rai, David Samson, Melody Young. (Whitefleet, John) Modified on 11/6/2012 (Michel, G). (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
45

REPLY by A. P., T. P., Mary Prasad re 43 MOTION to AMEND the 14 Amended Complaint. (Mantoan, Kathryn) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
46

MINUTE ORDER: The Motion to Amend, scheduled for hearing on 11/19/12, is submitted without oral argument. There will not be a hearing on 11/19/12, and no appearance is necessary. re 43 Motion to Amend the Complaint/Petition, Ordered by Judge Garland E. Burrell, Jr on 11/14/12. (Furstenau, S) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

PACER
47

ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of Magistrate Judge *Allison Claire* to the bench of the Eastern District, this action is reassigned from *Magistrate Judge Gregory G. Hollows* for all further proceedings. (Waggoner, D) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
48

ORDER signed by Judge Garland E. Burrell, Jr. on 11/19/2012 GRANTING 43 Plaintiffs' Motion for Leave to File a Second Amended Complaint; Plaintiffs have 10 days leave from the date on which this Order is filed to file the second amended complaint. (Reader, L) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

RECAP
49

ORDER signed by Magistrate Judge Allison Claire on 11/26/12 ORDERING the Clerk to refer this case to another Magistrate Judge for any further proceedings which may be appropriate or required. This Case has been REASSIGNED to Magistrate Judge John F. Moulds for all further proceedings. The New Case Number is 2:12-cv-00592 GEB JFM. (Mena-Sanchez, L) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
50

SECOND AMENDED COMPLAINT against All Defendants by A. P., T. P., Mary Prasad. (Attachments: # 1 Civil Cover Sheet)(Galvan, Ernest) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
51

SUMMONS ISSUED as to *Miguel Aguilar, Gurkirat Bhangu, Eric Crawford, Rosa Diaz, Lester Eaton, Christina Stohlman, Olga Tahara, Kimberly Weiss* with answer to complaint due within *21* days. Attorney *Ernest Galvan* *Rosen Bien Galvan & Grunfeld LLP* *315 Montgomery Street, Tenth Floor* *San Francisco, CA 94104-1823*. (Zignago, K.) (Entered: 11/28/2012)

Nov. 28, 2012

Nov. 28, 2012

PACER
52

MOTION to DISMISS by Michael Fraters. Motion Hearing set for 2/6/2013 at 10:00 AM in 8th floor courtroom (JFM) before Magistrate Judge Allison Claire. (Kurlan, Jennifer) Modified on 12/12/2012 (Kastilahn, A). (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
53

MOTION to STRIKE Punitive Damages and Claims for Relief by Michael Fraters. Motion Hearing set for 2/6/2013 at 10:00 AM in 8th floor courtroom (JFM) before Magistrate Judge Allison Claire. (Kurlan, Jennifer) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
54

NOTICE of hearing by Michael Fraters on Motion to Strike 53 and Motion to Dismiss 52 . Motion hearing SET for 2/7/12 in courtroom 26 Before Magistrate Judge John F. Moulds. (Kurlan, Jennifer) Modified on 12/14/2012 (Mena-Sanchez, L). (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
55

STIPULATION re Acceptance of Service of Second Amended Complaint, Waiver of Service of Summons, Extension of Time to Respond to Second Amended Complaint by A. P., T. P., Mary Prasad. (Mantoan, Kathryn) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
56

MOTION to DISMISS by Fremont-Rideout Health Group. Motion Hearing set for 2/7/2013 at 11:00 AM before Magistrate Judge John F. Moulds. (Zimmerman, Robert) Modified on 12/19/2012 (Meuleman, A). (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

PACER
57

MOTION to STRIKE by Fremont-Rideout Health Group. Motion Hearing set for 2/7/2013 at 11:00 AM before Magistrate Judge John F. Moulds. (Zimmerman, Robert) Modified on 12/19/2012 (Meuleman, A). (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

PACER
58

MINUTE ORDER (TEXT ONLY) by CRD: The Court is in receipt of Defendants 52 Motion to Dismiss, 53 Motion to Strike, 56 Motion to Dismiss and 57 Motion to Strike. Upon the Courts own motion these matters are VACATED from calendar due to being improperly noticed before Magistrate Judge John F. Moulds. Please contact District Judge Garland E. Burrells Courtroom Deputy, Shani Furstenau, at (916) 930-4114 for the next available hearing date.(Anderson, J) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
59

NOTICE to RESCHEDULE Motion Hearings re: 52 and 53 Motions by Jennifer C. Kurlan on behalf of Michael Fraters. Hearings rescheduled to 2/25/13 at 9:00 a.m. before District Judge Garland E. Burrell. (Kurlan, Jennifer) Modified on 12/21/2012 (Meuleman, A). (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
60

ORDER signed by Judge Garland E. Burrell, Jr on 12/21/2012 DENYING 18, 19, 21, 22, & 24 Motions. (Donati, J) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

RECAP
61

MOTION to DISMISS 50 Second Amended Complaint by Miguel Aguilar, Gurkirat Bhangu, Amerjit Bhattal, Norman Bidwell, Doris Brown, County of Sutter, Eric Crawford, Lou Anne Cummings, Rosa Diaz, Shane Dickson, Lester Eaton, Brent Garbett, J. Paul Parker, Baljinder Rai, David Samson, Christina Stohlman, Olga Tahara, Kimberly Weiss, Melody Young. Attorney Whitefleet, John Robert ADDED. Motion Hearing SET for 2/25/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: # 1 Notice of Motion to Dismiss) (Whitefleet, John) Modified on 12/27/2012 (Michel, G). (Entered: 12/26/2012)

Dec. 26, 2012

Dec. 26, 2012

PACER
62

NOTICE to RESCHEDULE HEARING on 56 MOTION to DISMISS, 57 MOTION to STRIKE : Motion Hearing set for 2/25/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Zimmerman, Robert) (Entered: 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

PACER
63

OPPOSITION by A. P., T. P., Mary Prasad to 61 MOTION to DISMISS. (Mantoan, Kathryn) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
64

OPPOSITION by A. P., T. P., Mary Prasad to 56 MOTION to DISMISS. (Mantoan, Kathryn) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
65

OPPOSITION by A. P., T. P., Mary Prasad to 57 MOTION to STRIKE . (Mantoan, Kathryn) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
66

OPPOSITION by A. P., T. P., Mary Prasad to 52 MOTION to DISMISS. (Mantoan, Kathryn) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
67

OPPOSITION by A. P., T. P., Mary Prasad to 53 MOTION to STRIKE Punitive Damages and Claims for Relief. (Mantoan, Kathryn) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
68

REPLY by Michael Fraters to RESPONSE to 52 MOTION to DISMISS. (Kurlan, Jennifer) (Entered: 02/13/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
69

REPLY by Michael Fraters to RESPONSE to 53 MOTION to STRIKE Punitive Damages and Claims for Relief. (Kurlan, Jennifer) (Entered: 02/13/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
70

REPLY by Miguel Aguilar, Gurkirat Bhangu, Amerjit Bhattal, Norman Bidwell, Doris Brown, County of Sutter, Eric Crawford, Lou Anne Cummings, Rosa Diaz, Shane Dickson, Lester Eaton, Brent Garbett, J. Paul Parker, Baljinder Rai, David Samson, Christina Stohlman, Olga Tahara, Kimberly Weiss, Melody Young re 63 Opposition to Motion. (Whitefleet, John) (Entered: 02/14/2013)

Feb. 14, 2013

Feb. 14, 2013

PACER
71

REPLY by Fremont-Rideout Health Group re 65 Opposition to Motion. (Zimmerman, Robert) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

PACER
72

REPLY by Fremont-Rideout Health Group re 64 Opposition to Motion. (Zimmerman, Robert) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

PACER
73

MINUTE ORDER: All Motions to Strike are submitted without oral argument. All Motions to Dismiss are submitted without oral argument, except for Defendants Cummings, Garbett, Brown, Young, Weiss, and Bhangus motion to dismiss Plaintiffs prayer for punitive damages concerning Plaintiffs state law claims, on which oral argument is scheduled to commence at 9:00 a.m. on 2/25/13. re 53 Motion to Strike, 52 Motion to Dismiss, 57 Motion to Strike, 56 Motion to Dismiss, 61 Motion to Dismiss Ordered by Judge Garland E. Burrell, Jr on 2/20/13. (Furstenau, S) (Entered: 02/20/2013)

Feb. 20, 2013

Feb. 20, 2013

PACER
74

MINUTE ORDER: Defendants' Cummings, Garbett, Brown, Young, Weiss, and Bhangu's motion to dismiss Plaintiffs' prayer for punitive damages concerning Plaintiffs' state law claims, currently scheduled for hearing on 2/25/13, is rescheduled for hearing on 4/8/13, at 9:00 a.m. Ordered by Judge Garland E. Burrell, Jr on 2/22/13. (Furstenau, S) (Entered: 02/22/2013)

Feb. 22, 2013

Feb. 22, 2013

PACER
75

MINUTE ORDER: Defendants Cummings, Garbett, Brown, Young, Weiss, and Bhangu's motion to dismiss Plaintiffs' prayer for punitive damages concerning Plaintiffs' state law claims is pending. (ECF Nos. 61, 73.) Since the parties have not briefed certain issues, counsel shall be prepared to address the following questions during oral argument, which is reset for 9:00 a.m. on April 22, 2013. The hearing scheduled for April 8, 2013 is vacated. Further, each party is granted leave to respond to the following questions in writing in advance of the hearing by filing a response on the docket at counsel's earliest convenience. Please explain each response. For Plaintiffs: 1. In Guaranty Trust Co. of New York v. York, 326 U.S. 99, 109 (1945), the Supreme Court states that it is "immaterial whether [state] statutes... are characterized either as 'substantive' or 'procedural.'" Instead, when deciding whether a state statute applies in federal court, what matters is whether the statute "significantly affect[s] the result of a litigation." Id. Does § 425.13 "significantly affect the result of a litigation?" 2.California Civil Procedure Code § 425.13 states that a motion under § 425.13 must be made within two years after filing suit or nine months before the matter is first set for trial, whichever is earlier. Since a federal court deciding state claims "applies the substantive law of the state, including the state's statute of limitations," Albano v. Shea Homes Ltd. P'ship, 634 F.3d 524, 530 (9th Cir. 2011), why is § 425.13's limitations period inapplicable in federal court? 3. Erie's "twin aims" are "'discouragement of forum-shopping and avoidance of inequitable administration of the laws.'" Goldberg v. Pac. Indem. Co., 627 F.3d 752, 755 (9th Cir. 2010). Would it encourage forum shopping and inequitable administration of the laws to waive § 425.13's requirements for plaintiffs litigating in federal, but not state, court? For Defendants Cummings, Garbett, Brown, Young, Weiss, and Bhangu: 1. In College Hospital, Inc. v. Superior Court, 8 Cal. 4th 704, 718, 717 (1994), the California Supreme Court states that § 425.13 is a "procedural protection" that was not "intended to change the substantive elements of punitive damages claims." How does this pronouncement affect your argument that § 425.13 is a substantive provision? 2. What state substantive law is § 425.13 so "'intimately bound up'" with so that it is "an integral component of California's substantive state policy?" Feldman v. Allstate Ins. Co., 322 F.3d 660, 66667 (9th Cir. 2003). 3. During a § 425.13 hearing, the court cannot "weigh the merits of the claim or consider its likely outcome at trial." Coll. Hosp., Inc., 8 Cal. 4th at 719. Does the limited scope of review under § 425.13 make the statute less like a substantive provision and more like a procedural regulation of the "manner and the means by which a [plaintiff may] recover"? See York, 326 U.S. at 109. Ordered by Judge Garland E. Burrell, Jr on 04/03/13. (Dankof, E) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
76

ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of *District Judge Troy L. Nunley* to the bench of the Eastern District, this action is reassigned from District Judge *Garland E. Burrell, Jr.* for all further proceedings. (Waggoner, D) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
77

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 4/5/2013: Pursuant to the Order of Reassignment to District Judge Troy L. Nunley 76, the Hearing for Defendants' Motions to Dismiss 52, 56, 61, and Motions to Strike 53 and 57, currently set for 4/22/2013 before Judge Garland E. Burrell, Jr. is VACATED and RESET for 6/20/2013 at 2:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. All other dates will remain the same at this time. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
78

SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Melody Young. (Williams, Kathleen) (Entered: 04/12/2013)

April 12, 2013

April 12, 2013

PACER
79

ORDER SUBSTITUTING ATTORNEY signed by District Judge Troy L. Nunley on 4/16/13. Added attorney Kathleen J. Williams for Melody Young, attorney John Robert Whitefleet terminated. (Meuleman, A) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
80

MOTION to COMPEL Production Responsive to Plaintiff's First Set of Requests for Production and First Set of Interrogatories to County of Sutter by Mary Prasad. Attorney Rifkin, Lori added. Motion Hearing set for 6/13/2013 at 11:00 AM in Courtroom 26 (AC) before Magistrate Judge John F. Moulds. (Rifkin, Lori) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
81

Defendants' SUPPLEMENTAL BRIEFING in Support of Motion to Dismiss. (Whitefleet, John) Modified on 4/24/2013 (Mena-Sanchez, L) (Entered: 04/23/2013)

April 23, 2013

April 23, 2013

PACER
82

MINUTE ORDER (TEXT ONLY) by CRD: Due to the Court's unavailability the 80 Motion to Compel currently set for 06/13/2013 at 11:00 AM is VACATED and RESET for 6/12/2013 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Anderson, J) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

PACER
83

RESPONSE by A. P., T. P., Mary Prasad to 75 Minute Order. (Mantoan, Kathryn) Modified on 5/17/2013 (Krueger, M). (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

PACER
84

AMENDED MOTION to COMPEL amending 80 MOTION to COMPEL Production Responsive to Plaintiff's First Set of Requests for Production and First Set of Interrogatories to County of Sutter by A. P., T. P., Mary Prasad. Motion Hearing set for 6/12/2013 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Mantoan, Kathryn) (Entered: 05/22/2013)

May 22, 2013

May 22, 2013

PACER
85

DECLARATION of John R. Whitefleet in OPPOSITION TO 84 AMENDED MOTION to COMPEL amending 80 MOTION to COMPEL Production Responsive to Plaintiff's First Set of Requests for Production and First Set of Interrogatories to County of Sutter . (Attachments: # 1 Declaration of Amerjit Bhatal in support of privlege)(Whitefleet, John) (Entered: 06/05/2013)

June 5, 2013

June 5, 2013

PACER
86

STATEMENT of Discovery Disagreement re: Plaintiff's Motion to Compel by Plaintiff Mary Prasad re 84 AMENDED MOTION to COMPEL amending 80 MOTION to COMPEL Production Responsive to Plaintiff's First Set of Requests for Production and First Set of Interrogatories to County of Sutter . (Mantoan, Kathryn) (Entered: 06/05/2013)

June 5, 2013

June 5, 2013

PACER
87

DECLARATION of Kathryn G. Mantoan in SUPPORT OF 84 AMENDED MOTION to COMPEL amending 80 MOTION to COMPEL Production Responsive to Plaintiff's First Set of Requests for Production and First Set of Interrogatories to County of Sutter . (Attachments: # 1 Exhibit A-I, # 2 Exhibit J-U)(Mantoan, Kathryn) (Entered: 06/05/2013)

June 5, 2013

June 5, 2013

PACER
88

PROPOSED ORDER re Plaintiff's Motion to Compel re 84 AMENDED MOTION to COMPEL amending 80 MOTION to COMPEL Production Responsive to Plaintiff's First Set of Requests for Production and First Set of Interrogatories to County of Sutter by Mary Prasad. (Mantoan, Kathryn) (Entered: 06/06/2013)

June 6, 2013

June 6, 2013

PACER
89

MINUTES (Text Only) for proceedings held before Magistrate Judge Carolyn K. Delaney: MOTION HEARING held on 6/12/2013: Court and counsel conferred re plaintiffs' 84 Motion to Compel. Arguments heard; motion taken under submission. Court to issue formal order. Plaintiffs Counsel Kathryn Mantoan present. Defendants Counsel John Whitefleet present. Court Reporter/CD Number: ECRO. (Owen, K) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
90

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 6/13/2013: In light of the parties' supplemental briefing 81 and 83, the Defendants' Motions to Dismiss and to Strike 52, 53, 56, 57 and 61 are hereby SUBMITTED without oral argument. Accordingly, the hearing set for 6/20/2013 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
91

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/14/2013 DENYING the defendants' request for the court to enter a protective order pending the outcome of defendants' Motions to Dismiss; CONFIRMING that dispute numbers 5, 6 and 11 have been resolved; ORDERING the parties to produce the documents responsive to plaintiffs' dispute numbers 1-4 and 12-14 by 6/17/2013 or to contact the court if a dispute arises regarding said documents; ORDERING the defendants to produce the identity of the inmates housed in cells MAX-2 and MAX-3 within 7 days; ORDERING the defendants to submit, for in camera review, those portions of the requested personnel files containing grievances against individual officers and Internal Affairs Reports, and any training attended bythe officers within 14 days; ORDERING the defendants to conduct a reasonable and diligent search for "[i]nternal or third-party audits, assessments, reports, or accreditation-related documents for the provision of health care at Sutter County Jail since 1/28/2008..." within 14 days; ORDERING defendants to conduct a reasonable and diligent search for "[d]ocuments reflecting attendance at and/or content of Sutter County Jail medical services continuous quality improvement (CQI) meetings from January 2008 through the present..." and "[a]ny plans of correction for Sutter County Jail medical services from January 2008 through the present..." within 14 days; ORDERING defendants to serve on plaintiffs a declaration describing the search conducted and produce any responsive documents within 14 days; ORDERING defendants to conduct a reasonable and diligent search for "[e]xcel spreadsheets or other documents created by Brent Garbett during his tenure as Sutter County Jail Nurse Manager reflecting his review of grievances" within 14 days; ORDERING defendants to serve on plaintiffs a declaration describing the search conducted and produce any responsive documents within 14 days; ORDERING defendants to conduct a reasonable and diligent search for "[a]ll morbidity or Death in Custody reports regarding deaths of inmates at Sutter County Jail (or inmates who died at outside providers to which they were directly transferred from Sutter County Jail) from January 2001 through thepresent" within 14 days; ORDERING defendants to serve on plaintiffs a declaration describing the search conducted and produce any responsive documents within 14 days; ALLOWING defendants to file a letter brief, within 7 days and not to exceed four pages, addressing plaintiffs request for expenses incurred in connection with the Motion to Compel; ALLOWING plaintiffs to file a reply letter brief, 7 days thereafter and not to exceed four pages; ORDERING that all discovery produced pursuant to this order shall be subject to a protective order. (Michel, G) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

RECAP
92

BRIEF re Plaintiffs' Request for Sanctions by County of Sutter. (Whitefleet, John) Modified on 7/1/2013 (Becknal, R). (Entered: 06/21/2013)

June 21, 2013

June 21, 2013

PACER
93

STIPULATION and PROPOSED ORDER for Protective Order re 91 Order. (Whitefleet, John) Modified on 7/1/2013 (Becknal, R). (Entered: 06/21/2013)

June 21, 2013

June 21, 2013

PACER
94

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/25/2013. (Owen, K) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

RECAP
95

EX PARTE APPLICATION to Stay Order of Magistrate Judge Pending Ruling on Motion for Reconsideration by County of Sutter. (Whitefleet, John) Modified on 7/1/2013 (Becknal, R). (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

PACER
96

REQUEST for Reconsideration by the District Court of Magistrate Judge's Ruling by County of Sutter re 91 Order. (Whitefleet, John) Modified on 7/1/2013 (Becknal, R). (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

PACER
97

LETTER BRIEF by Mary Prasad re 91 Order. (Attachments: # 1 Declaration of Sanford Jay Rosen, # 2 Declaration of Carter C. White, # 3 Declaration of Mary Prasad)(Mantoan, Kathryn) Modified on 7/1/2013 (Becknal, R). (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

PACER
98

OPPOSITION by Plaintiff Mary Prasad to 95 Ex Parte Application. (Mantoan, Kathryn) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

PACER
99

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 6/28/2013: The Court is in receipt of Defendants' Ex Parte Application to Stay Order of Magistrate Judge Pending Ruling on Motion for Reconsideration. (ECF No. 95 .) Plaintiffs oppose the ex parte application. (ECF No. 98 .) The Court finds that Defendants have not demonstrated that they are without fault in creating the alleged crisis that requires ex parte relief, or that the crisis occurred as a result of excusable neglect. See Mission Power Engineering Co. v. Continental Cas. Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995), cited approvingly in Manpower Inc. v. Slingshot Connections LLC, No. 2:12-cv-01069 JAM KJN, 2012 WL 3561974, at *2 (E.D. Cal. Aug. 17, 2012). Defendants have been on notice of the Magistrate Judge's order since June 14, 2013, and only bring their ex parte request at the eleventh hour prior to their deadline to comply. Defendants' ex parte application for a stay is DENIED. With respect to the request for reconsideration, Plaintiffs are to file their opposition to Defendants' request in accordance with Local Rule 303. No reply briefs are permitted. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
100

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/2/13 ORDERING that within 7 days defendants shall produce documents in accordance with this order; the remaining documents submitted for in camera review need not be produced. (Manzer, C) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

RECAP

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California's Prisoners' Rights Bar article

Multi-LexSum (in sample)

Key Dates

Filing Date: March 6, 2012

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The mother and minor children of a pre-trial detainee who died in jail from an infection

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sutter County (Sutter), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 824,999

Order Duration: 2014 - 0

Issues

General:

Conditions of confinement

Medical/Mental Health:

Medical care, general

Skin Infections

Type of Facility:

Government-run