Case: Topete v. County of San Bernardino

5:16-cv-00355 | U.S. District Court for the Central District of California

Filed Date: Feb. 29, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 29, 2016, two detainees with disabilities filed this class-action lawsuit against San Bernardino County in the U.S. District Court for the Central District of California. The lawsuit was filed under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the Rehabilitation Act. Represented by the Prison Law Office and private counsel, the plaintiffs alleged that the county violated the Fourteenth Amendment and Eighth Amendment rights of the nearly 6,000 people incarcerated…

On February 29, 2016, two detainees with disabilities filed this class-action lawsuit against San Bernardino County in the U.S. District Court for the Central District of California. The lawsuit was filed under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the Rehabilitation Act. Represented by the Prison Law Office and private counsel, the plaintiffs alleged that the county violated the Fourteenth Amendment and Eighth Amendment rights of the nearly 6,000 people incarcerated in its jails. Specifically, the plaintiffs alleged that the jail’s medical, mental health, and dental care were unconstitutionally deficient; that jail staff used excessive force and failed to take the basic steps to prevent violence; and that jail staff discriminated against people with disabilities by locking them in housing units without accessible toilets or in tiny cells for 22 hours a day.

Plaintiffs sought a declaration that San Bernardino County’s ongoing practices violated their constitutional and statutory rights, and sought injunctive relief compelling the county to address the issues alleged by providing adequate health care, protecting people from violence, providing equal access to programs, services, and activities, and ceasing the use of excessive force.

On September 30, 2016, the plaintiffs filed an amended complaint. On November 18, 2016, the plaintiffs filed a second amended complaint.

On January 27, 2017, Judge Virginia A. Phillips granted the parties’ joint motion to certify two classes of plaintiffs composed of (1) all people who are currently, and in the future, who will be incarcerated in the San Bernardino County jails, and of (2) all people who are currently, or in the future will be, incarcerated in the San Bernardino County jails and who have a psychiatric and/or intellectual disability as defined by the ADA.

Having reached a settlement agreement, the parties filed a joint motion for preliminary approval of a proposed consent decree on March 28, 2018, that would, if approved by the court, settle all claims for injunctive relief in this suit. The settlement agreement named the plaintiffs as the prevailing party and required the defendant to adopt what the parties called the remedial plan. The remedial plan was designed to meet the minimum level of health care necessary to fulfill the defendant’s obligations under the Eighth and Fourteenth Amendments, to ensure that unlawful force is not utilized in the jails, to avoid the unlawful use of segregated or restrictive housing in the jails, and to ensure compliance with the ADA and Section 504 of the Rehabilitation Act. The plan required that the defendant develop and implement appropriate and adequate plans, policies, and practices to ensure compliance with the agreement; report on the use of these policies; provide notice to class members; and adopt a more effective dispute resolution process. The defendant also was required to pay the plaintiffs $350,000 in attorneys’ fees. The duration of the settlement was four years, and the court would retain jurisdiction over the matter.

The court issued a preliminary approval of the consent decree on December 12, 2018 which it finalized on December 14, 2018. The court also granted the plaintiffs' motion for attorneys' fees.

After the order approving the consent decree, there was no action in the docket until February 13, 2020, when the parties entered a joint stipulation to enforce the judgment against the defendant. On February 20, 2020, the court replied by issuing a class action order regarding mental health staffing. Specifically, the court ordered the the defendant to hire an additional 20 mental health clinicians.

As of April 8, 2020, the case is ongoing

Summary Authors

Sihang Zhang (10/16/2016)

Lisa Limb (3/23/2018)

Jake Parker (6/22/2018)

Alex Moody (4/8/2020)

Related Cases

Murray v. Santa Barbara, Central District of California (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4154159/parties/george-topete-and-zachery-shovey-v-county-of-san-bernardino/


Judge(s)

Bristow, David T. (California)

Phillips, Virginia A. (California)

Attorneys(s) for Plaintiff

Hart, Sophie Jedeikin (California)

Knapp, Kelly Jean (California)

Mendelson, Margot Knight (California)

Norman, Sara Linda (California)

Specter, Donald H. (California)

Attorneys(s) for Defendant

Dodd, Martin H. (California)

Dupree, Jamie L (California)

Kowalski, Miles (California)

Judge(s)

Bristow, David T. (California)

Phillips, Virginia A. (California)

Attorneys(s) for Plaintiff

Hart, Sophie Jedeikin (California)

Knapp, Kelly Jean (California)

Mendelson, Margot Knight (California)

Norman, Sara Linda (California)

Specter, Donald H. (California)

Attorneys(s) for Defendant

Dodd, Martin H. (California)

Dupree, Jamie L (California)

Kowalski, Miles (California)

Touchstone, Jaime Godin (California)

Documents in the Clearinghouse

Document

5:16-cv-00355

Docket [PACER]

Topete v. County of San Bernadino

April 20, 2020

April 20, 2020

Docket

5:16-cv-00355

Class-Action Complaint

Feb. 29, 2016

Feb. 29, 2016

Complaint
29

5:16-cv-00355

Class Action First Amended Class Action Complaint for Injunctive and Declaratory Relief

Topete v. County of San Bernadino

Sept. 30, 2016

Sept. 30, 2016

Complaint
41

5:16-cv-00355

Second Amended Class Action Complaint for Injunctive and Declaratory Relief

Turner v. City of San Bernardino

Nov. 18, 2016

Nov. 18, 2016

Complaint
50

5:16-cv-00355

Order Granting Joint Motion to Certify Class

Jan. 27, 2017

Jan. 27, 2017

Order/Opinion

For Immediate Release: Settlement Reached in San Bernardino Jail Class Action

No Court

March 28, 2018

March 28, 2018

Press Release

5:16-cv-00355

[Proposed] Consent Decree

Turner v. County of San Bernardino

March 29, 2018

March 29, 2018

Settlement Agreement
106

5:16-cv-00355

Consent Decree

Turner v. County of San Bernardino

Dec. 14, 2018

Dec. 14, 2018

Order/Opinion
108

5:16-cv-00355

Class Action Order Re Mental Health Staffing

Feb. 20, 2020

Feb. 20, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4154159/george-topete-and-zachery-shovey-v-county-of-san-bernardino/

Last updated Aug. 7, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: 0973-17363248 - Fee: $400, filed by PLAINTIFFS George Topete, Zachery Shovey. (Attorney Kelly Jean Knapp added to party Zachery Shovey(pty:pla), Attorney Kelly Jean Knapp added to party George Topete(pty:pla))(Knapp, Kelly) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

RECAP
2

CIVIL COVER SHEET filed by Plaintiffs Zachery Shovey, George Topete. (Knapp, Kelly) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
3

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 2, Complaint (Attorney Civil Case Opening) 1 filed by PLAINTIFFS Zachery Shovey, George Topete. (Knapp, Kelly) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
4

NOTICE of Related Case(s) filed by PLAINTIFFS Zachery Shovey, George Topete. Unopposed by Defendant Related Case(s): 13-0444 (Knapp, Kelly) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
5

NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge David T. Bristow. (aco) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
6

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (aco) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
7

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to DEFENDANT County of San Bernardino. (aco) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
8

NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (aco) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
9

Notice and CERTIFICATE of Interested Parties filed by plaintiffs Zachery Shovey, George Topete, identifying Defendant County of San Bernardino. (Knapp, Kelly) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
10

PROOF OF SERVICE Executed by Plaintiff George Topete, Zachery Shovey, upon Defendant County of San Bernardino served on 3/1/2016, answer due 3/22/2016. Service of the Summons and Complaint were executed upon Defendant's attorney in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. (Knapp, Kelly) (Entered: 03/02/2016)

March 2, 2016

March 2, 2016

PACER
11

TEXT ONLY ENTRY: NOTICE TO PARTIES by District Judge Virginia A. Phillips. Effective March 28, 2016, Judge Virginia A. Phillips will be located in the Roybal Federal Building and United States Courthouse, COURTROOM 780, on the 7th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 780 of the Roybal Federal Building and United States Courthouse, and all mandatory chambers copies shall be hand delivered and placed in the drop box located outside of Room 181 - Roybal Clerk's Office. Judge Phillips's new Courtroom Deputy Clerk, Wendy Rogers, may be reached at (213) 894-3480. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER
12

STIPULATION Extending Time to Answer the complaint as to County of San Bernardino answer now due 4/21/2016, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant County of San Bernardino.(Attorney Martin H. Dodd added to party County of San Bernardino(pty:dft))(Dodd, Martin) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER
13

ANSWER TO COMPLAINT filed by Defendant County of San Bernardino.(Dodd, Martin) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
14

ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips. Scheduling Conference set for 6/20/2016 at 01:30 PM before Judge Virginia A. Phillips. (wro) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
15

STANDING ORDER by Judge Virginia A. Phillips. (wro) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
16

REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Defendant County of San Bernardino(Dodd, Martin) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
17

STATEMENT Joint Scheduling Conference Statement filed by Defendant County of San Bernardino (Dodd, Martin) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
18

REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Defendant County of San Bernardino(Dodd, Martin) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
19

(Attorney Margot Knight Mendelson added to party Zachery Shovey(pty:pla), Attorney Margot Knight Mendelson added to party George Topete(pty:pla))(Mendelson, Margot) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
20

SCHEDULING NOTICE by Judge Virginia A. Phillips. The scheduling conference presently set for June 20, 2016, is continued to June 27, 2016, at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wro) TEXT ONLY ENTRY (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
21

Notice of Appearance or Withdrawal of Counsel: for attorney Kelly Jean Knapp counsel for Plaintiffs Zachery Shovey, George Topete. Kelly Knapp is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Topete. (Knapp, Kelly) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER
22

MINUTES OF Scheduling Conference held before Judge Virginia A. Phillips. Court and counsel confer re case and settlement status. The parties elect to proceed with Settlement Procedure No. 3, to appear before a private mediator. Plaintiff's motion for class certification to be filed not later than September 12, 2016; opposition, if any, shall be filed not later than September 26, 2016; reply to be filed by October 11, 2016; hearing on plaintiff's motion for class certification is set for October 24, 2016, at 2:00 p.m. Court Reporter: Phyllis Preston. (iva) (Entered: 06/29/2016)

June 27, 2016

June 27, 2016

RECAP
23

STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiffs Zachery Shovey, George Topete. (Attachments: # 1 Declaration, # 2 Proposed Order)(Mendelson, Margot) (Entered: 09/08/2016)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

Sept. 8, 2016

Sept. 8, 2016

PACER
24

ORDER EXTENDING DEDADLINE FOR FILING OF MOTION FOR CLASS CERTIFICATION by Judge Virginia A. Phillips, re Stipulation for Extension of Time to File 23 : Pursuant to the parties' stipulation, the Court hereby extends time as follows: The motion for class certification is to be filed no later than November 11, 2016. The opposition to the motion, if any, is to be filed no later than November 28, 2016; the reply to be filed no later than December 12, 2016. (bm) (Entered: 09/12/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
25

STIPULATION to Amend Complaint (Attorney Civil Case Opening) 1 filed by Plaintiffs Zachery Shovey, George Topete. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Proposed Order)(Mendelson, Margot) (Entered: 09/28/2016)

1 Exhibit First Amended Complaint

View on PACER

2 Proposed Order

View on PACER

Sept. 28, 2016

Sept. 28, 2016

PACER
26

STIPULATION for Protective Order filed by Plaintiff Zachery Shovey, George Topete. (Attachments: # 1 Proposed Order)(Mendelson, Margot) (Entered: 09/28/2016)

1 Proposed Order

View on PACER

Sept. 28, 2016

Sept. 28, 2016

PACER
27

RESPONSE BY THE COURT OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation for Protective Order 26 by Magistrate Judge David T. Bristow. The document is stricken due to the incorrect caption. The parties proposed Stipulation and Protective Order has been referred by the District Judge to the Magistrate Judge for consideration. The parties are advised that the Court declines to issue the proposed protective order to which they have stipulated for the following reasons: 1. Proposed 6.3 needs to be revised to make clear that any motion challenging a designation brought pursuant to that paragraph will need to be made in strict compliance with Local Rules 37-1 and 37-2 (including the Joint Stipulation requirement). (vp) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
28

ORDER by Judge Virginia A. Phillips, GRANTING Stipulation For Leave to File First Amended Complaint 25 . Pursuant to the parties stipulation, it is hereby ORDERED that the Clerk of Court is directed to enter on the docket Exhibit 1 as Plaintiffs First Amended Complaint. (shb) (Entered: 09/30/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
29

FIRST AMENDED COMPLAINT 1 against Defendant County of San Bernardino filed by Plaintiff Rahshun Turner. (lom) (Entered: 10/03/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
30

STIPULATION for Protective Order filed by Plaintiff Rahshun Turner. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Attorney Margot Knight Mendelson added to party Rahshun Turner(pty:pla))(Mendelson, Margot) (Entered: 10/06/2016)

1 Exhibit A

View on PACER

2 Proposed Order

View on PACER

Oct. 6, 2016

Oct. 6, 2016

PACER
31

ANSWER to Amended Complaint 29 filed by Defendant County of San Bernardino.(Dodd, Martin) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

RECAP
32

ORDER by Magistrate Judge David T. Bristow, re Stipulation for Protective Order 30 Pursuant to the parties stipulation, it is hereby ORDERED that the partiesstipulated protective order (Dkt #30) shall take effect.DATED: October 18, 2016 (dc) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
33

NOTICE TO PARTIES by District Judge Virginia A. Phillips. Effective November 14, 2016, Judge Phillips will be located at the 1st Street Courthouse, COURTROOM 8A on the 8th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 8A of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
34

STIPULATION for Leave to File Second Amended Complaint filed by Plaintiff Rahshun Turner. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Mendelson, Margot) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
35

DOCUMENT STRICKEN PURSUANT TO COURT ORDER DATED 11/16/16, DOCUMENT 39 . Joint NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Rahshun Turner. Motion set for hearing on 12/5/2016 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Proposed Order) (Mendelson, Margot) Modified on 11/17/2016 (bm). (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
36

JOINT STATEMENT of Facts Joint NOTICE OF MOTION AND MOTION to Certify Class 35 filed by Plaintiff Rahshun Turner. (Mendelson, Margot) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
37

DECLARATION of Donald Specter in Support of Joint NOTICE OF MOTION AND MOTION to Certify Class 35 filed by Plaintiff Rahshun Turner. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mendelson, Margot) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
38

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Certify Class 35 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
39

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 38 RE: Motion to Certify Class 35 by Clerk of Court. Documents are STRICKEN. Counsel shall adhere to the schedule and noticing of the motion pursuant to the order of September 9, 2016 Dkt No. 24. (bm) (Entered: 11/17/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
40

ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT by Judge Virginia A. Phillips, re Stipulation for Leave 34 : Pursuant to the parties' stipulation, it is hereby ORDERED that the Clerk of Court is directed to enter on the docket Exhibit 1 as Plaintiffs' Second Amended Complaint. (bm) (Entered: 11/21/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
41

SECOND AMENDED COMPLAINT against defendant County of San Bernardino amending First Amended Complaint 29, filed by plaintiffs Rahshun Turner, Monique Lewis, Joshua Mills, Jaime Jaramillo (Attorney Donald Specter added to party Rahshun Turner(pty:pla), Attorney Donald Specter added to party Rahshun Turner(pty:pla), Attorney Donald Specter added to party Rahshun Turner(pty:pla), Attorney Donald Specter added to party Rahshun Turner(pty:pla)) (bm) (Entered: 11/21/2016)

Nov. 18, 2016

Nov. 18, 2016

RECAP
42

Joint STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiffs Jaime Jaramillo, Monique Lewis, Joshua Mills, Rahshun Turner. (Attachments: # 1 Declaration, # 2 Proposed Order)(Mendelson, Margot) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
43

ORDER MODIFYING SCHEDULE FOR MOTION FOR CLASS CERTIFICATION by Judge Virginia A. Phillips, re Stipulation for Extension of Time to File 42 : Pursuant to the parties' stipulation, the Court hereby modifies the schedule as follows: The motion for class certification is to be filed no later than November 28, 2016. The hearing on the motion will be held on December 19, 2016 at 2:00pm. (bm) (Entered: 11/30/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
44

Joint NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Jaime Jaramillo, Monique Lewis, Joshua Mills, Rahshun Turner. Motion set for hearing on 12/19/2016 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Proposed Order) (Mendelson, Margot) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
45

JOINT STATEMENT of Stipulated Facts Joint NOTICE OF MOTION AND MOTION to Certify Class 44 filed by Plaintiffs Jaime Jaramillo, Monique Lewis, Joshua Mills, Rahshun Turner. (Mendelson, Margot) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

RECAP
46

DECLARATION of Donald Specter in Support of Joint NOTICE OF MOTION AND MOTION to Certify Class 44 filed by Plaintiffs Jaime Jaramillo, Monique Lewis, Joshua Mills, Rahshun Turner. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mendelson, Margot) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

RECAP
47

SCHEDULING NOTICE by Chief Judge Virginia A. Phillips re: Joint NOTICE OF MOTION AND MOTION to Certify Class 44 . On the Court's own motion, the hearing Plaintiff Motion to Certify Class is CONTINUED to 1/23/2017 at 02:00 PM before Judge Virginia A. Phillips. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
48

ANSWER to Amended Complaint, 41 filed by Defendant County of San Bernardino.(Dodd, Martin) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
49

MINUTES OF JOINT MOTION FOR CLASS CERTIFICATION; [DOC. NO. 44] Hearing held before Judge Virginia A. Phillips taking under submission 44 MOTION to Certify Class Action: Matter called. Counsel of record present. Court issues a tentative ruling, hears oral argument and takes the matter under submission. Court directs counsel to proceed with mediation proceedings as prescribed on the record. Court Reporter: C. Nirenberg. (bm) (Entered: 01/25/2017)

Jan. 23, 2017

Jan. 23, 2017

RECAP
50

ORDER Granting Joint Motion to Certify Class by Judge Virginia A. Phillips granting 44 MOTION to Certify Class Action: For the reasons stated above, the Court GRANTS the parties' joint Motion. Accordingly the Court certifies two classes: (1) a Plaintiff Class of "[a]ll people who are now, or in the future will be, incarcerated in the San Bernardino County jails" and (2) a Plaintiff Subclass of "all people who are now, or in the future will be, incarcerated in the San Bernardino County jails and who have a psychiatric and/or intellectual disability, as defined under the Americans with Disabilities Act (ADA), 42 U.S.C. ยง12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. ยง 794." (Doc. No. 44 at 78.) Further, the Court certifies plaintiffs Jaime Jaramillo, Monique Lewis, Joshua Mills, and Rahshun Turner as representatives of the Plaintiff Class and Plaintiff Subclass, and the Court certifies The Prison Law Office as counsel for the Plaintiff Class and Plaintiff Subclass. (bm) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
51

Joint REQUEST for Pretrial Conference filed by Plaintiffs Jaime Jaramillo, Monique Lewis, Joshua Mills, Rahshun Turner. Request set for hearing on 3/13/2017 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Proposed Order) (Mendelson, Margot) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
52

ORDER SETTING SCHEDULING CONFERENCE FOR MARCH 13, 2017 at 1:30 PM 51 by Judge Virginia A. Phillips (lc) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
53

REQUEST to Reschedule Scheduling Conference filed by Plaintiffs Jaime Jaramillo, Monique Lewis, Joshua Mills, Rahshun Turner. Request set for hearing on 3/21/2017 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Proposed Order) (Mendelson, Margot) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
54

ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips granting 53 REQUEST to Reschedule: A Scheduling Conference in the above-captioned matter will be held on March 20, 2017 at 1:30 p.m. (bm) (Entered: 03/06/2017)

March 3, 2017

March 3, 2017

PACER
55

JOINT REPORT Rule 26(f) Discovery Plan Joint Scheduling Conference Statement ; estimated length of trial 5 days, filed by Defendant County of San Bernardino.. (Attachments: # 1 Exhibit A to Joint Scheduling Conference Statement)(Dodd, Martin) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
56

MINUTES OF SCHEDULING CONFERENCE held before Judge Virginia A. Phillips: Court and counsel confer re case and settlement status. The settlement conference shall be conducted no later than December 15, 2017. The parties elect to proceed with Settlement Procedure No. 3. Private Mediator. The trial schedule, motion and discovery cutoff dates will be set forth in a separate Civil Trial Scheduling Order to be filed and served on counsel by the clerk. Court Reporter: Sheri Kleeger. (bm) (Entered: 03/21/2017)

March 20, 2017

March 20, 2017

PACER
57

CIVIL TRIAL SCHEDULING ORDER by Judge Virginia A. Phillips: Last Day to Stipulate or File a Motion to Amend Pleadings or Add New Parties: OCTOBER 15, 2017; Deadline for Initial Designation of Expert Witnesses: OCTOBER 30, 2017; Deadline for Designation of Rebuttal Expert Witnesses: NOVEMBER 29, 2017; Discovery Cut-Off: JANUARY 8, 2018; Summary Judgment Motion Hearing Cut Off: N/A; Last day to Conduct Mediation: DECEMBER 15, 2017; Pretrial Conference: JANUARY 23, 2018 AT 2:30 P.M.; Court Trial set: FEBRUARY 6, 2018 AT 8:30 A.M.; Trial Estimate: FIVE (5) Days (bm) (Entered: 03/21/2017)

March 20, 2017

March 20, 2017

PACER
58

NOTICE of Association of Counsel associating attorney Miles Kowalski on behalf of Defendant County of San Bernardino. Filed by Defendant County of San Bernardino (Attorney Miles Kowalski added to party County of San Bernardino(pty:dft))(Kowalski, Miles) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
59

STATUS REPORT filed by Plaintiff George Topete. (Specter, Donald) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
60

NOTICE of Change of address by Martin H. Dodd attorney for Defendant County of San Bernardino. Changing attorneys address to 601 Montgomery St., Suite 333, San Francisco, CA 94111. Filed by Defendant County of San Bernardino. (Dodd, Martin) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
61

STATUS REPORT filed by Plaintiffs George Topete, Rahshun Turner. (Specter, Donald) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
62

SCHEDULING NOTICE by Chief Judge Virginia A. Phillips re: Status Report 61 . The Court has read and considered the parties' Joint Status Report filed, 11/01/2017, and having considered the status report, the parties request is granted. The above matter is STAYED up and until December 31, 2017. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
63

IN CHAMBERS)SCHEDULING NOTICE. COUNSEL OF RECORD are hereby notified that the Pretrial Conference is RESET for 1/22/2018 at 2:30 PM instead of 1/23/2018 before Chief Judge Virginia A. Phillips. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER
64

STATUS REPORT Joint Status Report and Stipulation to Vacate Pending Pre-Trial and Trial Dates filed by Defendant County of San Bernardino. (Dodd, Martin) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER
65

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Status Report and Stipulation to Vacate 64 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Proposed order should have been submitted as a separate, additional attachment to the Status Report and Stipulation to Vacate. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging, with the separate, additional attachment of a proposed order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
66

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 65 RE: Status Report 64, by Clerk of Court. The document is accepted as filed. (bm) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
67

MINUTE ORDER (IN CHAMBERS) VACATING PRE-TRIAL AND TRIAL DATES AND SETTING STATUS CONFERENCE by Judge Virginia A. Phillips: The Court has read and considered the parties' Joint Status Report and Stipulation to Vacate Pending Pre-Trial and Trial Dates. (Doc. No. 64). Having considered the status report, and with good cause showing, all pending pre-trial and trial dates in the above-captioned matter are hereby VACATED. The Court orders the parties to appear for a status conference on February 26, 2018 at 2:30 p.m, in Courtroom 8A of the above-entitled court. (bm) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
68

STRICKEN PURSUANT TO COURT ORDER DATED 1/31/18, DOCUMENT 70 . Stipulation and Request to Continue Status Conference re: Minutes of In Chambers Order/Directive - no proceeding held,,, Terminate Deadlines and Hearings,,, Set/Reset Deadlines/Hearings,, 67 (Specter, Donald) Modified on 1/31/2018 (bm). (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
69

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation and Request to Continue Status Conference 68 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulations-Continue. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachmen to the Stipulation. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
70

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 69 RE: Stipulation to Continue 68 by Clerk of Court. The document is stricken and counsel is ordered to file an amended or corrected document by no later than February 2, 2018. Other: Counsel shall adhere to the Local Rules in emailing to the Court the pdf and word version of the documents at the time of filing for the Court's consideration. (bm) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
71

STIPULATION to Continue Status Conference from February 28, 2018 to March 5, 2018 filed by Plaintiffs Jaime Jaramillo, Monique Lewis, Joshua Mills, Rahshun Turner. (Attachments: # 1 Proposed Order)(Mendelson, Margot) (Entered: 01/31/2018)

1 Proposed Order

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Jan. 31, 2018

Jan. 31, 2018

PACER
72

ORDER by Judge Virginia A. Phillips, re Stipulation to Continue 71 : A Status Conference in the above-captioned matter will be held on March 5, 2018 at 2:30 p.m. (bm) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
73

STATUS REPORT Joint Status Report filed by Defendant County of San Bernardino. (Dodd, Martin) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
74

(IN CHAMBERS) SCHEDULING NOTICE. The Court has read the parties' joint status report regarding settlement, and on the Court's own motion the Status Conference is CONTINUED from 3/5/2018 to 4/16/2018 at 2:30 PM before Chief Judge Virginia A. Phillips. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
75

STIPULATION for Order Shortening Time to File Joint Motion for Preliminary Approval of Consent Decree and Notice to the Class filed by Defendant County of San Bernardino. (Attachments: # 1 Proposed Order Shortening Time to File Joint Motion for Preliminary Approval of Consent Decree and Notice to the Class)(Dodd, Martin) (Entered: 03/23/2018)

1 Proposed Order Shortening Time to File Joint Motion for Preliminary Approval of

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March 23, 2018

March 23, 2018

PACER
76

ORDER SHORTENING TIME TO FILE JOINT MOTION FOR PRELIMINARY APPROVAL OF CONSENT DECREE AND NOTICE TO THE CLASS 75 by Judge Virginia A. Phillips. The Court, having considered the Stipulation of the parties for an Order Shortening the Time within which to file their Joint Motion for Preliminary Approval of Consent Decree and Notice to the Class (Joint Motion) and good cause appearing, hereby GRANTS the Order The parties shall file the Joint Motion no later than March 29, 2018 and the Joint Motion shall be heard simultaneously with the status Conference scheduled in this matter for April 16, 2018 at 2:00 p.m. So Ordered. (ab) (Entered: 03/26/2018)

March 23, 2018

March 23, 2018

PACER
77

APPLICATION to file document Declaration of Martin H. Dodd in Support of Defendant County of San Bernardino's Unopposed Application for Leave to File Documents Under Seal and Attachments 1, 2 and 3 under seal filed by Defendant County of San Bernardino. (Attachments: # 1 Proposed Order Granting Defendant County of San Bernardino's Unopposed Application for Leave to File Documents Under Seal)(Dodd, Martin) (Entered: 03/26/2018)

1 Proposed Order Granting Defendant County of San Bernardino's Unopposed Appl

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March 26, 2018

March 26, 2018

RECAP
78

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration of Martin H. Dodd in Support of Defendant County of San Bernardino's Unopposed Application for Leave to File Documents Under Seal and Attachments 1, 2 and 3 under seal 77 filed by Defendant County of San Bernardino. (Attachments: # 1 Unredacted Document Attachment 1, # 2 Unredacted Document Attachment 2, # 3 Unredacted Document Attachment 3, # 4 Certificate of Service)(Dodd, Martin) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
79

ORDER GRANTING DEFENDANT COUNTY OF SAN BERNARDINO'S UNOPPOSED APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL by Judge Virginia A. Phillips granting 77 APPLICATION (bm) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

RECAP
80

SEALED DOCUMENT Declaration of Martin H. Dodd in Support of Defendant County of San Bernardino's Unopposed Application for Leave to File Documents Under Seal and Attachments 1, 2 and 3 re Sealed Declaration in SupportDeclaration, 78, Order on Motion for Leave to File Document Under Seal 79 filed by Defendant County of San Bernardino. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Certificate of Service)(Dodd, Martin) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
81

Joint NOTICE OF MOTION AND MOTION for Order for Motion for Preliminary Approval of Consent Decree and Notice to the Class filed by Defendant County of San Bernardino. Motion set for hearing on 4/16/2018 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Declaration of Donald Specter in support of Joint Motion for Preliminary Approval of Consent Decree and Notice to the Class, # 2 Exhibit 1 to the Declaration of Donald Specter in support of Joint Motion for Preliminary Approval of Consent Decree and Notice to the Class, # 3 Exhibit 2 to the Declaration of Donald Specter in support of Joint Motion for Preliminary Approval of Consent Decree and Notice to the Class, # 4 Proposed Order Granting Motion for Preliminary Approval of Consent Decree and Notice to the Class) (Dodd, Martin) (Entered: 03/28/2018)

1 Declaration of Donald Specter in support of Joint Motion for Preliminary Approva

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2 Exhibit 1 to the Declaration of Donald Specter in support of Joint Motion for Pr

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3 Exhibit 2 to the Declaration of Donald Specter in support of Joint Motion for Pr

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4 Proposed Order Granting Motion for Preliminary Approval of Consent Decree and No

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March 28, 2018

March 28, 2018

PACER
82

SCHEDULING NOTICE (IN CHAMBERS): COUNSEL ARE NOTIFIED that on the Court's own motion, the hearing on the Joint Motion for Preliminary Approval of Consent Decree and Notice of Class, set for April 16, 2018, and Status Conference are hereby TAKEN OFF CALENDAR. This matter is appropriate for resolution without hearing pursuant to Local rule 7-15 and will stand submitted on the papers timely filed. By Chief Judge Virginia A. Phillips THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
83

ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF CONSENT DECREE AND NOTICE TO THE CLASS 81 by Judge Virginia A. Phillips: On April 16, 2018, Named Plaintiffs Rahshun Turner, Monique Lewis, Jaime Jaramillo, and Joshua Mills (collectively "Plaintiffs") and defendant County of San Bernardino ("Defendant") filed a joint Motion for Preliminary Approval of a consent decree ("Motion"). (Doc. No. 81). Having considered the papers in support of the Motion, the Court GRANTS the Motion. (SEE DOCUMENT FOR FURTHER DETAILS). After weighing the factors above, the Court agrees to grant preliminary approval to the Consent Decree. The Court approves the proposed Notice with the above changes. The Court GRANTS the Joint Motion for Preliminary Approval of Consent Decree and Notice to the Class. IT IS SO ORDERED. (ab) (Entered: 07/02/2018)

June 29, 2018

June 29, 2018

PACER
84

STRICKEN PURSUANT TO COURT ORDER DATED 7/11/18, DOCUMENT 89 . Stipulation For Briefing Schedule & Hearing Date re Joint NOTICE OF MOTION AND MOTION for Order for Motion for Preliminary Approval of Consent Decree and Notice to the Class 81 filed by Plaintiff Rahshun Turner. (Specter, Donald) Modified on 7/11/2018 (bm). (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
85

Joint NOTICE OF MOTION AND MOTION for Order for Clarification and/or Modification of Order Granting Joint Motion for Preliminary Approval of Consent Decree and Notice to the Class filed by Defendant County of San Bernardino. Motion set for hearing on 10/29/2018 at 01:30 PM before Judge Virginia A. Phillips. (Attachments: # 1 Memorandum of Points and Authorities in support of Joint Motion for Clarification and/or Modification of Order Granting Joint Motion for Preliminary Approval of Consent Decree and Notice to the Class, # 2 Proposed Order Granting Joint Motion for Clarification and/or Modification of Order Granting Joint Motion for Preliminary Approval of Consent Decree and Notice to the Class) (Dodd, Martin) (Entered: 07/05/2018)

1 Memorandum of Points and Authorities in support of Joint Motion for Clarificatio

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2 Proposed Order Granting Joint Motion for Clarification and/or Modification of Or

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July 5, 2018

July 5, 2018

PACER
86

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint NOTICE OF MOTION AND MOTION for Order for Clarification and/or Modification of Order Granting Joint Motion for Preliminary Approval of Consent Decree and Notice to the Class 85 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Chief Judge Phillips hears motions @ 2 p.m. Docket text and document must match.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ab) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
87

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation For Briefing Schedule 84 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulations-Order. Proposed Order attachment should be a separate, additional attachment to the Stipulation as well as indicate the case caption. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
88

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 86 RE: Joint Motion for Clarification and/or Modification 85 by Clerk of Court. Document is ACCEPTED. Hearing is NOW set for 2:00p.m.. (bm) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
89

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 87 RE: Stipulation for Briefing Schedule and Hearing 84 by Clerk of Court. Document is STRICKEN as improper format. (bm) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
90

First APPLICATION for Hearing Fairness Hearing on Proposed Consent Decree filed by Plaintiff Rahshun Turner. Application set for hearing on 10/29/2018 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Proposed Order) (Specter, Donald) (Entered: 07/11/2018)

1 Proposed Order

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July 11, 2018

July 11, 2018

PACER
91

ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE FOR FAIRNESS HEARING by Judge Virginia A. Phillips granting 90 APPLICATION for Hearing: Good cause appearing, IT IS HEREBY ORDERED that: On October 15, 2018, the parties shall file briefs in response to comments from class members on whether the proposed Consent Decree is "fair, reasonable and adequate." Fed. Rule Civ. Proc., Rule 23. A fairness hearing shall be held on October 29, 2018 at 2:00 p.m. on whether the Court should approve the Consent Decree. (bm) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

RECAP
92

NOTICE OF MOTION AND MOTION for Attorney Fees (Unopposed) filed by Plaintiffs Jaime Jaramillo, Monique Lewis, Joshua Mills, Rahshun Turner. Motion set for hearing on 10/29/2018 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Declaration, # 2 Proposed Order) (Mendelson, Margot) (Entered: 07/17/2018)

1 Declaration

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2 Proposed Order

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July 17, 2018

July 17, 2018

RECAP
93

NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Patrick J. Walsh, ORDERING "Hello my name is...[Letter] submitted by non party, received on 08/03/18 is not to be filed but instead rejected. Denial based on: Auther, Christopher Art Lopez, requests case status and is not a party to this action. (See document for details.) (sbou) (Entered: 08/07/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
94

NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Patrick J. Walsh, ORDERING "On July 26th..." [Letter] submitted by Non-Party, Talara Cavalli, received on 08/08/18 is not to be filed but instead rejected. Denial based on: Author, Talara Cavalli, is not a party to this action. The letter gives a history of her incarceration and expresses her belief in what the outcome of the case should be. (sbou) (Entered: 08/20/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
95

NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Patrick J. Walsh, ORDERING "To Whom it May Concern" [Letter] submitted by Non-Party, Tony Valdez, received on 07/31/18 is not to be filed but instead rejected. Denial based on: Author, Tony Valdez, requests appoint of counsel. Mr. Valdez is not a party to this action. (sbou) (Entered: 08/20/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
96

NOTICE of Appearance filed by attorney Sophie Jedeikin Hart on behalf of Plaintiffs Jaime Jaramillo, Monique Lewis, Joshua Mills, Rahshun Turner (Attorney Sophie Jedeikin Hart added to party Jaime Jaramillo(pty:pla), Attorney Sophie Jedeikin Hart added to party Monique Lewis(pty:pla), Attorney Sophie Jedeikin Hart added to party Joshua Mills(pty:pla), Attorney Sophie Jedeikin Hart added to party Rahshun Turner(pty:pla))(Hart, Sophie) (Entered: 10/08/2018)

Oct. 8, 2018

Oct. 8, 2018

PACER
97

Joint NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiffs Jaime Jaramillo, Monique Lewis, Joshua Mills, Zachery Shovey, George Topete, Rahshun Turner. Motion set for hearing on 10/29/2018 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Proposed Order) (Specter, Donald) (Entered: 10/15/2018)

1 Declaration

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2 Declaration

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3 Proposed Order

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Oct. 15, 2018

Oct. 15, 2018

PACER
98

DECLARATION of Donald Specter in support of Joint NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement 97 filed by Plaintiffs Jaime Jaramillo, Monique Lewis, Joshua Mills, Zachery Shovey, George Topete, Rahshun Turner. (Specter, Donald) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
99

(IN CHAMBERS) SCHEDULING NOTICE: COUNSEL OF RECORD ARE NOTIFIED, that on the Court's own motion, the hearing on Motion for Clarification and/or Modification of Order Granting Joint Motion for Preliminary Approval of Consent Decree 85, Plaintiff's Motion for Attorneys' Fees and Costs 92, and Motion for Final Approval of Class Action Settlement 97, set for October 29,2018, are hereby TAKEN OFF CALENDAR. This matter is appropriate for resolution without hearing pursuant to See Fed. R. Civ. P. 78; L.R. 7-15, and will stand submitted on the papers timely filed. No appearance by counsel will be necessary by Chief Judge Virginia A. Phillips THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
100

MINUTE ORDER (IN CHAMBERS) SETTING HEARING DATE by Judge Virginia A. Phillips: Counsel of Record are hereby notified that on the Court's own motion, the hearing on the Motion for Final Approval of Class Action Settlement (Doc. No. 97)filed on October 15, 2018, and originally set for hearing on October 29, 2018is hereby set for hearing on December 3, 2018 at 2:00 p.m. (bm) (Entered: 10/31/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 29, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

(1) all people who are currently, and in the future, who will be incarcerated in the San Bernardino County jails, and of (2) all people who are currently, or in the future will be, incarcerated in the San Bernardino County jails and who have a psychiatric and/or intellectual disability as defined by the ADA.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prison Law Office

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of San Bernardino (San Bernardino), County

Defendant Type(s):

Corrections

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $350,000

Order Duration: 2018 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Recordkeeping

Reporting

Required disclosure

Training

Issues

General:

Assault/abuse by staff

Conditions of confinement

Disciplinary segregation

Excessive force

Rehabilitation

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mobility impairment

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Type of Facility:

Government-run