Case: Harman v. Ahern

3:14-cv-03051 | U.S. District Court for the Northern District of California

Filed Date: June 2, 2014

Closed Date: 2016

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Case Summary

On June 2, 2014, several women who claimed they were unjustifiably forced to take pregnancy tests after they were arrested filled this lawsuit in Superior Court in Alameda County. The plaintiffs sued the Alameda County Sheriff’s Department under 42 U.S.C § 1983 and state law. The plaintiffs, represented by both private counsel and the ACLU, asked the court for injunctive relief. Specifically, they asked the court to eradicate the requirement that all female arrestees take a pregnancy test regar…

The plaintiffs alleged that on separate occasions, they were arrested by the Alameda county police and taken to either the Glen E. Dyer Detention Facility of Santa Rita County Jail. Upon arrival at these facilities all three plaintiffs claimed that they were ordered to take a pregnancy test. However, the results of these pregnancy tests were not disclosed. One plaintiff was above the age requirement for pregnancy tests stated within the facilities' policies and procedures. The plaintiffs claimed that the pregnancy tests were emotionally degrading as well as an invasion of their privacy.

In July 2014, the defendants moved the case from state court to the U.S. District Court for the Northern District of California. On October 14, 2014, Magistrate Judge Maria-Elena James denied the plaintiffs' motion to remand the case back to state court. After several case management conferences, the plaintiffs requested to amend their complaint. On April 28, 2015, the plaintiffs filed their first amended complaint requesting nominal damages.

On May 8, 2015, during a settlement conference held in front of Magistrate Judge Kandis A. Westomore, the case was settled in principle and a partial settlement was put on record. By September 3, 2015 both parties submitted a joint status report explaining their near-final settlement agreement. The settlement was placed on hiatus until the defendant could provide the plaintiffs with a representative from the Alameda County Sheriff’s Office that had decision making authority to come discuss the concerns of the plaintiffs. The final settlement was reported in the second joint status report submitted on November 04, 2015. The Alameda County Sheriff’s office agreed to implement new and revised policies described in the revised inmate handbook, nominal damages, and attorneys fees. The plaintiffs agreed to dismiss the case.

On May 5, 2016, Magistrate Judge Maria-Elena James ordered voluntary dismissal and retained jurisdiction to enforce the terms of the settlement agreement. The agreement itself is not part of the docketed record, but the case is closed.

	Document
3:14-cv-03051	Docket	May 5, 2016	May 5, 2016 Docket
1-1 3:14-cv-03051	Verified Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief Under Cal. Const. Art. I §§ 1, 13, U.S. Const. Amd. 4, and 15 C.C.R §1214 Harmen v. Ahern	July 3, 2014	July 3, 2014 Complaint
26 3:14-cv-03051	Order Re: Motion for Leave to File Amended Complaint	April 24, 2015	April 24, 2015 Order/Opinion 2015 WL 1885718
30 3:14-cv-03051	First Amended Complaint	April 28, 2015	April 28, 2015 Complaint
43 3:14-cv-03051	Joint Status Report	Sept. 3, 2015	Sept. 3, 2015 Settlement Agreement
45 3:14-cv-03051	Joint Status Report	Nov. 4, 2015	Nov. 4, 2015 Settlement Agreement
49 3:14-cv-03051	Stipulation Order for Voluntary Dismissal	May 5, 2016	May 5, 2016 Order/Opinion

ECF Number	Description	Date	Link Date / Link
	Answer to Removed Complaint 1 byGregory J. Ahern. (hdjS, COURT STAFF) (Filed on 7/3/2014)	July 3, 2014	July 3, 2014 PACER
3	CERTIFICATE OF SERVICE by Gregory J. Ahern re 1 Notice of Removal, (Rockwell, Gregory) (Filed on 7/3/2014) (Entered: 07/03/2014)	July 3, 2014	July 3, 2014 PACER
2	Case assigned to Magistrate Judge Maria-Elena James. 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. (kc, COURT STAFF) (Filed on 7/3/2014) (Entered: 07/03/2014)	July 3, 2014	July 3, 2014 PACER
1	NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is RG14727494. (Filing fee $400 receipt number 0971-8744713). Filed byGregory J. Ahern. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Rockwell, Gregory) (Filed on 7/3/2014) (Entered: 07/03/2014) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Civil Cover Sheet View on PACER	July 3, 2014	July 3, 2014 RECAP
4	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/25/2014. Case Management Conference set for 10/2/2014 10:00 AM. (Attachments: # 1 Standing Order, # 2 Standing Order)(hdjS, COURT STAFF) (Filed on 7/7/2014) (Entered: 07/07/2014) 1 Standing Order View on PACER 2 Standing Order View on PACER	July 7, 2014	July 7, 2014 PACER
6	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jane Doe, Susan Harman, Nancy Mancias.. (England, Christine) (Filed on 7/24/2014) (Entered: 07/24/2014)	July 24, 2014	July 24, 2014 PACER
5	MOTION to Remand filed by Jane Doe, Susan Harman, Nancy Mancias. Motion Hearing set for 8/28/2014 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. Responses due by 8/7/2014. Replies due by 8/14/2014. (Attachments: # 1 Proposed Order)(England, Christine) (Filed on 7/24/2014) (Entered: 07/24/2014) 1 Proposed Order View on PACER	July 24, 2014	July 24, 2014 PACER
7	CLERKS NOTICE DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION BY 8/7/2014. (cdnS, COURT STAFF) (Filed on 7/30/2014) (Entered: 07/30/2014)	July 30, 2014	July 30, 2014 PACER
8	NOTICE by Gregory J. Ahern of Association of Counsel (Law Offices of Nancy E. Hudgins) (Grigg, Matthew) (Filed on 8/5/2014) (Entered: 08/05/2014)	Aug. 5, 2014	Aug. 5, 2014 PACER
10	STIPULATION WITH PROPOSED ORDER RE CONTINUANCE OF HEARING DATES filed by Gregory J. Ahern. (Grigg, Matthew) (Filed on 8/6/2014) (Entered: 08/06/2014)	Aug. 6, 2014	Aug. 6, 2014 PACER
9	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gregory J. Ahern.. (Grigg, Matthew) (Filed on 8/6/2014) (Entered: 08/06/2014)	Aug. 6, 2014	Aug. 6, 2014 PACER
	Set/Reset Hearing re 11 Order on Stipulation Initial Case Management Conference set for 10/16/2014 10:00 AM in Courtroom B, 15th Floor, San Francisco. Motion Hearing set for 9/25/2014 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. (rmm2S, COURT STAFF) (Filed on 8/7/2014)	Aug. 7, 2014	Aug. 7, 2014 PACER
11	ORDER by Magistrate Judge Maria-Elena James granting 10 Stipulation regarding continuance of hearing dates. (rmm2S, COURT STAFF) (Filed on 8/7/2014) (Entered: 08/07/2014)	Aug. 7, 2014	Aug. 7, 2014 PACER
12	NOTICE of Substitution of Counsel by Matthew M. Grigg (Grigg, Matthew) (Filed on 8/27/2014) (Entered: 08/27/2014)	Aug. 27, 2014	Aug. 27, 2014 PACER
13	MOTION to Continue STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULING filed by Gregory J. Ahern. (Grigg, Matthew) (Filed on 9/3/2014) (Entered: 09/03/2014)	Sept. 3, 2014	Sept. 3, 2014 PACER
	Set/Reset Hearing re 14 Order on Motion to Continue Initial Case Management Conference set for 11/13/2014 10:00 AM in Courtroom B, 15th Floor, San Francisco. Motion to Remand Hearing set for 10/30/2014 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. (rmm2S, COURT STAFF) (Filed on 9/4/2014)	Sept. 4, 2014	Sept. 4, 2014 PACER
14	ORDER by Magistrate Judge Maria-Elena James granting 13 Motion to Continue Motion hearing and Case Management Conference. (rmm2S, COURT STAFF) (Filed on 9/4/2014) (Entered: 09/04/2014)	Sept. 4, 2014	Sept. 4, 2014 PACER
15	RESPONSE (re 5 MOTION to Remand ) filed byGregory J. Ahern. (Grigg, Matthew) (Filed on 10/13/2014) (Entered: 10/13/2014)	Oct. 13, 2014	Oct. 13, 2014 PACER
17	ORDER VACATING CMC. Signed by Judge Maria-Elena James on 10/14/2014. (cdnS, COURT STAFF) (Filed on 10/14/2014) (Entered: 10/14/2014)	Oct. 14, 2014	Oct. 14, 2014 RECAP
16	ORDER by Judge Maria-Elena James denying 5 Motion to Remand (cdnS, COURT STAFF) (Filed on 10/14/2014) (Entered: 10/14/2014)	Oct. 14, 2014	Oct. 14, 2014 RECAP
18	JOINT CASE MANAGEMENT STATEMENT filed by Gregory J. Ahern. (Grigg, Matthew) (Filed on 11/20/2014) (Entered: 11/20/2014)	Nov. 20, 2014	Nov. 20, 2014 PACER
19	ORDER: Case Management Statement due by 1/8/2015. Case Management Conference set for 1/15/2015 10:00 AM. Signed by Judge Maria-Elena James on 11/24/2014. (cdnS, COURT STAFF) (Filed on 11/24/2014) (Entered: 11/24/2014)	Nov. 24, 2014	Nov. 24, 2014 RECAP
20	CASE MANAGEMENT STATEMENT (Joint) filed by Gregory J. Ahern. (Grigg, Matthew) (Filed on 1/8/2015) (Entered: 01/08/2015)	Jan. 8, 2015	Jan. 8, 2015 PACER
21	CASE MANAGEMENT SCHEDULING ORDER:Case Referred to Magistrate Judge for Settlement Deadline to Seek Leave to Amend Pleadings: 4/13/2015Discovery due by 7/7/2015Motions due by 8/6/2015Motion Hearing set for 9/10/2015 Bench Trial set for 1/25/2016 Signed by Judge Maria-Elena James on 1/9/2015. (cdnS, COURT STAFF) (Filed on 1/9/2015) (Entered: 01/09/2015)	Jan. 9, 2015	Jan. 9, 2015 PACER
22	Notice of Settlement Conference and Settlement Conference Order before Magistrate Judge Kandis A. Westmore. Settlement Conference set for 5/8/2015 11:00 AM in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Kandis A. Westmore on 1/12/15. (sisS, COURT STAFF) (Filed on 1/12/2015) (Entered: 01/12/2015)	Jan. 12, 2015	Jan. 12, 2015 PACER
	CASE REFERRED to Magistrate Judge Kandis A. Westmore for Settlement (ahm, COURT STAFF) (Filed on 1/12/2015)	Jan. 12, 2015	Jan. 12, 2015 PACER
23	First MOTION to Amend/Correct Complaint filed by Jane Doe, Susan Harman, Nancy Mancias. Motion Hearing set for 4/30/2015 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. Responses due by 4/9/2015. Replies due by 4/16/2015. (Attachments: # 1 Exhibit A (First Amended Complaint), # 2 Proposed Order)(England, Christine) (Filed on 3/26/2015) (Entered: 03/26/2015) 1 Exhibit A (First Amended Complaint) View on PACER 2 Proposed Order View on PACER	March 26, 2015	March 26, 2015 PACER
24	RESPONSE (re 23 First MOTION to Amend/Correct Complaint ) filed byGregory J. Ahern. (Attachments: # 1 Declaration)(Grigg, Matthew) (Filed on 4/9/2015) (Entered: 04/09/2015) 1 Declaration View on PACER	April 9, 2015	April 9, 2015 PACER
25	REPLY (re 23 First MOTION to Amend/Correct Complaint ) filed byJane Doe, Susan Harman, Nancy Mancias. (England, Christine) (Filed on 4/16/2015) (Entered: 04/16/2015)	April 16, 2015	April 16, 2015 PACER
28	NOTICE of Substitution of Counsel by Rebecca Ariel Jacobs (Jacobs, Rebecca) (Filed on 4/24/2015) (Entered: 04/24/2015)	April 24, 2015	April 24, 2015 PACER
27	NOTICE of Appearance by Rebecca Ariel Jacobs (Jacobs, Rebecca) (Filed on 4/24/2015) (Entered: 04/24/2015)	April 24, 2015	April 24, 2015 PACER
26	ORDER by Judge Maria-Elena James granting 23 Motion to Amend/Correct ; Plaintiffs are required to E-FILE the amended document. No chambers copy is required (cdnS, COURT STAFF) (Filed on 4/24/2015) (Entered: 04/24/2015)	April 24, 2015	April 24, 2015 RECAP
30	AMENDED COMPLAINT FIRST AMENDED COMPLAINT [CORRECTED] against Gregory J. Ahern. Filed bySusan Harman, Jane Doe, Nancy Mancias. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Haskett, Christine) (Filed on 4/28/2015) (Entered: 04/28/2015) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	April 28, 2015	April 28, 2015 RECAP
29	COMPLAINT FIRST AMENDED COMPLAINT against Gregory J. Ahern. Filed bySusan Harman, Jane Doe, Nancy Mancias. (Haskett, Christine) (Filed on 4/28/2015) (Entered: 04/28/2015)	April 28, 2015	April 28, 2015 PACER
31	Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Case settled in principle. Settlement placed on the record.Settlement Conference held on 5/8/2015.FTR Time 6:05-6:14. (sisS, COURT STAFF) (Date Filed: 5/8/2015) (Entered: 05/12/2015)	May 8, 2015	May 8, 2015 PACER
32	STIPULATION WITH PROPOSED ORDER TO SUSPEND CASE DEADLINES filed by Jane Doe, Susan Harman, Nancy Mancias. (Jacobs, Rebecca) (Filed on 6/10/2015) (Entered: 06/10/2015)	June 10, 2015	June 10, 2015 PACER
	Set Deadlines/Hearings: (cdnS, COURT STAFF) (Filed on 6/11/2015)	June 11, 2015	June 11, 2015 PACER
36	Proposed Order re 34 MOTION to Withdraw as Counsel to Plaintiff Jane Doe by Jane Doe, Susan Harman, Nancy Mancias. (Jacobs, Rebecca) (Filed on 6/11/2015) (Entered: 06/11/2015)	June 11, 2015	June 11, 2015 PACER
35	Declaration of Rebecca A. Jacobs in Support of 34 MOTION to Withdraw as Counsel to Plaintiff Jane Doe filed byJane Doe, Susan Harman, Nancy Mancias. (Related document(s) 34 ) (Jacobs, Rebecca) (Filed on 6/11/2015) (Entered: 06/11/2015)	June 11, 2015	June 11, 2015 PACER
34	MOTION to Withdraw as Counsel to Plaintiff Jane Doe filed by Jane Doe, Susan Harman, Nancy Mancias. Motion Hearing set for 7/23/2015 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. Responses due by 6/25/2015. Replies due by 7/2/2015. (Jacobs, Rebecca) (Filed on 6/11/2015) (Entered: 06/11/2015)	June 11, 2015	June 11, 2015 PACER
33	ORDER by Magistrate Judge Maria-Elena James granting 32 Stipulation to Suspend Case Deadlines. (rmm2S, COURT STAFF) (Filed on 6/11/2015) (Entered: 06/11/2015)	June 11, 2015	June 11, 2015 PACER
37	RESPONSE (re 34 MOTION to Withdraw as Counsel to Plaintiff Jane Doe ) (Non-Opposition) filed byGregory J. Ahern. (Grigg, Matthew) (Filed on 6/12/2015) (Entered: 06/12/2015)	June 12, 2015	June 12, 2015 PACER
39	ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 8/6/2015 10:00 AM. Show Cause Response due by 7/23/2015. Signed by Judge Maria-Elena James on 7/1/2015. (cdnS, COURT STAFF) (Filed on 7/1/2015) (Entered: 07/01/2015)	July 1, 2015	July 1, 2015 RECAP
38	ORDER by Judge Maria-Elena James granting 34 Motion to Withdraw as counsel for Jane Doe, on the condition that all papers from the Court and from Defendant shall continue to be served on Jane Does current counsel for forwarding purposes until a substitution of counsel is filed as provided by Civil Local Rule 11-5(b). (cdnS, COURT STAFF) (Filed on 7/1/2015) (Entered: 07/01/2015)	July 1, 2015	July 1, 2015 RECAP
40	CERTIFICATE OF SERVICE by Susan Harman, Nancy Mancias ON JANE DOE (Jacobs, Rebecca) (Filed on 7/7/2015) (Entered: 07/07/2015)	July 7, 2015	July 7, 2015 PACER
41	ORDER DISMISSING CASE AS TO PLAINTIFF JANE DOE ONLY. Signed by Magistrate Judge Maria-Elena James on 7/27/2015. (cdnS, COURT STAFF) (Filed on 7/27/2015) (Entered: 07/27/2015)	July 27, 2015	July 27, 2015 RECAP
42	STATUS REPORT ORDER: Status Report due by 9/3/2015. Signed by Judge Maria-Elena James on 8/17/2015. (cdnS, COURT STAFF) (Filed on 8/17/2015) (Entered: 08/17/2015)	Aug. 17, 2015	Aug. 17, 2015 PACER
43	STATUS REPORT Joint Status Report by Jane Doe, Susan Harman, Nancy Mancias. (Haskett, Christine) (Filed on 9/3/2015) (Entered: 09/03/2015)	Sept. 3, 2015	Sept. 3, 2015 PACER
44	ORDER re 43 Status Report. If no dismissal has been filed, the parties shall filed an updated status report by 11/4/2015. This is a docket text order generated by the court. There is no document associated with this entry. (Hon. Maria-Elena James) (cdnS, COURT STAFF) (Filed on 9/8/2015) (Entered: 09/08/2015)	Sept. 8, 2015	Sept. 8, 2015 PACER
46	ORDER VACATING PRETRIAL AND TRIAL DEADLINES. Dismissal or Joint Status Report due by 5/4/2016. Signed by Judge Maria-Elena James on 11/4/2015. (cdnS, COURT STAFF) (Filed on 11/4/2015) (Entered: 11/04/2015)	Nov. 4, 2015	Nov. 4, 2015 RECAP
45	STATUS REPORT -- Joint Status Report by Jane Doe, Susan Harman, Nancy Mancias. (Jacobs, Rebecca) (Filed on 11/4/2015) (Entered: 11/04/2015)	Nov. 4, 2015	Nov. 4, 2015 PACER
47	NOTICE of Change of Address by Matthew M. Grigg (Grigg, Matthew) (Filed on 11/6/2015) (Entered: 11/06/2015)	Nov. 6, 2015	Nov. 6, 2015 PACER
48	STIPULATION WITH PROPOSED ORDER for Voluntary Dismissal filed by Jane Doe, Susan Harman, Nancy Mancias. (Jacobs, Rebecca) (Filed on 5/4/2016) (Entered: 05/04/2016)	May 4, 2016	May 4, 2016 PACER
49	ORDER DISMISSING CASE PURSUANT TO STIPULATION. Signed by Judge Maria-Elena James on 5/5/2016. (cdnS, COURT STAFF) (Filed on 5/5/2016) (Entered: 05/05/2016)	May 5, 2016	May 5, 2016 RECAP

Case: Harman v. Ahern

3:14-cv-03051 | U.S. District Court for the Northern District of California

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