Case: Jewett v. California Forensic Medical Group

2:13-cv-00882 | U.S. District Court for the Eastern District of California

Filed Date: May 6, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 6, 2013, a prisoner with limited mobility disability filed this class action lawsuit in the US Federal District Court for the Eastern District of California. The plaintiff sued California Forensic Medical Group and Shasta County Sheriff's Department under the American with Disabilities Act, Section 504 of the Rehabilitation Act, and state law. This case was assigned to Chief Judge Morrison C. England, Jr., and Magistrate Judge Allison Claire.This petition began as a pro se civil complain…

On May 6, 2013, a prisoner with limited mobility disability filed this class action lawsuit in the US Federal District Court for the Eastern District of California. The plaintiff sued California Forensic Medical Group and Shasta County Sheriff's Department under the American with Disabilities Act, Section 504 of the Rehabilitation Act, and state law. This case was assigned to Chief Judge Morrison C. England, Jr., and Magistrate Judge Allison Claire.

This petition began as a pro se civil complaint, where the plaintiff claimed that he was mistreated while he was an inmate at Shasta County Jail. As an inmate with a documented mobility disability, he was not placed in areas that accommodated his needs. He complained of being placed on a top bunk six feet off the ground and on the second floor of a cell block that required him to go up and down stairs. In an attempt to help prisoners with a medical disability, the defendant placed the plaintiff in administrative segregation, which prevented him and other medical inmates from using a dayroom, going to religious services, and engaging in other prison activities. Furthermore, whenever he would submit written complaints about this grievance, there was no judicial process for reviewing—the requests were simply denied.

While in prison the plaintiff filed this civil complaint, and subsequent first, second, and third amended complaints. After filing the third amended complaint in March 2014, the plaintiff was released from prison and obtained counsel to represent him, submitting a fourth amended complaint. Plaintiff also acquired counsel from the Disability Rights Legal Center. The parties moved to discovery, after which the plaintiff filed a fifth amended complaint.

Then, on January 27, 2017, the plaintiff moved to certify a class defined as “[a]ll current and future detainees and prisoners at Shasta County Jail with mobility disabilities who, because of their disabilities, need appropriate accommodations, modifications, services, and and/or physical access in accordance with federal and state disability laws." On March 13, 2017, Magistrate Judge Claire recommended that this motion be granted. Adopting this recommendation in full, Judge England granted class certification on April 5, 2017.

Over the summer, the parties reached a settlement. On August 11, 2017, the parties filed a memorandum with the court outlining the settlement agreement. Principally, the agreement required that the defendants and class counsel to agree on reforms to jail conditions for prisoners with mobility disabilities. This would include reforming the prisoners' access to grievance forms and daily living. These policies were to be offered by experts in the area of disability and accessibility. In addition, the defendants were to be monitored during the two year term of the agreement to ensure compliance and were required to adopt an improved grievance/dispute resolution process, disclose these new policies to relevant class members, train jail staff in the administration of the new policies, and provide their own reports on the matter.

On January 23, 2018, the parties jointly moved for preliminary approval of the class action settlement and for certification of the settlement class. On August 6, 2018, the court entered an order approving the class action settlement. Following a settlement conference where the parties negotiated on the plaintiffs initial motion for attorneys' fees in the amount of $1,778,254.65, the parties agreed to a settlement amount of $850,000 in fees and expenses. This agreement was approved by the court on December 29, 2018.

Two weeks later, the defendants filed a stipulation and proposed order of dismissal, which was signed into effect on January 22, 2019 by Judge England. As of July 2020, the court retains jurisdiction to supervise the implementation of the settlement agreement. Progress reporting by the county is ongoing.

Summary Authors

Erica Christianson (9/27/2016)

Jake Parker (6/22/2018)

Edward Cullen (3/1/2019)

Sabrina Glavota (7/14/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5935363/parties/pc-jewett-v-california-forensic-medical-group/


Judge(s)

Claire, Allison (California)

England, Morrison C. Jr. (California)

Attorney for Plaintiff

Atabek, Jon Ali (California)

Barajas, Maronel (California)

Attorney for Defendant

Brickwood, Gary Charles (California)

Documents in the Clearinghouse

Documents in this case

2:13-cv-00882

Docket [PACER]

Oct. 15, 2019

Oct. 15, 2019

Docket
1

2:13-cv-00882

Complaint

May 6, 2013

May 6, 2013

Complaint
11

2:13-cv-00882

Order to amend Second Amended Complaint

U.S. District Court for the Central District of California

Jan. 21, 2014

Jan. 21, 2014

Order/Opinion
65

2:13-cv-00882

Fifth Amended Complaint

Jewett v. Shasta County Sheriff's Department

June 2, 2016

June 2, 2016

Complaint
90

2:13-cv-00882

Order and Amended Findings and Recommendations

March 13, 2017

March 13, 2017

Magistrate Report/Recommendation

2017 WL 980446

96

2:13-cv-00882

Order

April 5, 2017

April 5, 2017

Order/Opinion

2017 WL 1356054

116

2:13-cv-00882

Memorandum of Understanding Regarding Settlement and Class Action Settlement Agreement and Release of Claims

Aug. 11, 2017

Aug. 11, 2017

Settlement Agreement
119 & 119-1 to 119-4

2:13-cv-00882

Notice of Motion and Motion for Order: (1) Granting Preliminary Approval of Class Action Settlement Class; (3) Directing Notice to the Class; and (4) Setting Date for Fairness Hearing

Jewett v. Shasta County Sheriff's Department

Nov. 28, 2017

Nov. 28, 2017

Pleading / Motion / Brief
170

2:13-cv-00882

Order Approving Fees of Settlement

Jan. 2, 2019

Jan. 2, 2019

Order/Opinion
161

2:13-cv-00882

Order Approving Class Action Settlement

Feb. 11, 2019

Feb. 11, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5935363/pc-jewett-v-california-forensic-medical-group/

Last updated June 19, 2026, 6:49 a.m.

ECF Number Date Description Link
1 May 6, 2013

PRISONER CIVIL RIGHTS COMPLAINT against Austin, California Forensic Medical Group, Shasta County Jail by Everett Jewett. (Meuleman, A) (Entered: 05/10/2013)

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2 May 6, 2013

MOTION to PROCEED IN FORMA PAUPERIS by Everett Jewett. (Meuleman, A) (Entered: 05/10/2013)

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3 May 10, 2013

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 6/13/2013 (Attachments: # 1 Order re Consent) (Meuleman, A) (Entered: 05/10/2013)

1 Order re Consent

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May 10, 2013

Service by Mail

May 10, 2013

SERVICE BY MAIL: 3 Prisoner New Case Documents for Magistrate Judge as Presider served on Everett Jewett. (Meuleman, A)

4 May 22, 2013

CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Everett Jewett. (Michel, G) (Entered: 05/23/2013)

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5 June 7, 2013

FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against all Defendants by Everett Jewett. (Zignago, K.) (Entered: 06/10/2013)

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6 Aug. 27, 2013

ORDER signed by Magistrate Judge Allison Claire on 08/26/13 granting 2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be paid in accordance with the court's orde r to the Sheriff of Shasta County filed concurrently herewith. The amended complaint supersedes the original complaint. The amended complaint is dismissed for the reasons discussed above, with leave to file a second amended complaint within 28 days from the date of service of this order. (Plummer, M)

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7 Aug. 27, 2013

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Everett Jewett signed by Magistrate Judge Allison Claire on 08/26/13. The Sheriff of Shasta County shall collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this orderand a copy of plaintiff's IFP on the Sheriff of Shasta County. Clerk to also serve Financial with a copy of this order. (cc: Financial)(Plummer, M)

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Aug. 27, 2013

Service by Mail

Aug. 27, 2013

SERVICE BY MAIL: 6 Order on Motion to Proceed in forma pauperis, served on Everett Jewett. (Plummer, M)

Aug. 27, 2013

SERVICE BY MAIL: 7 Order Directing Prisoner Payment, served on Everett Jewett. A copy of this order and a copy of plaintiff's IFP 2 served on the Sheriff of Shasta County. (Plummer, M)

8 Sept. 12, 2013

REQUEST for copy of amended complaint by Everett Jewett. (Zignago, K.) (Response sent: If you wish to have a conformed copy returned to you, you must file an original plus twocopies and provide the court with a self-addressed stamped envelope with the correct postage.) Modified on 9/17/2013 (Dillon, M). (Entered: 09/13/2013)

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9 Sept. 16, 2013

SECOND AMENDED PRISONER CIVIL RIGHTS COMPLAINT against Austin, California Forensic Medical Group, Shasta County Jail by Everett Jewett. (Meuleman, A) (Entered: 09/17/2013)

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10 Oct. 15, 2013

MOTION for SUMMARY JUDGMENT by Everett Jewett. (Meuleman, A) (Entered: 10/16/2013)

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11 Jan. 22, 2014

ORDER signed by Magistrate Judge Allison Claire on 01/21/14 ordering plaintiff's claims of negligence and due process violations against the defendants are dismissed for the reasons discussed above, with leave to file a third amended complaint within 28 days from the date of service of this order. Plaintiff's premature motion for summary judgment 10 is hereby vacated. (Plummer, M)

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Jan. 22, 2014

SERVICE BY MAIL: 11 Order on Motion for Summary Judgment, served on Everett Jewett. (Plummer, M)

12 Feb. 3, 2014

MOTION for 90-DAY EXTENSION OF TIME to Amend 9 Second Amended Prisoner Civil Rights Complaint by Everett Jewett. (Mena-Sanchez, L) (Entered: 02/04/2014)

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13 Feb. 14, 2014

[STRICKEN- PURSUANT TO 14 Order] THIRD AMENDED PRISONER CIVIL RIGHTS COMPLAINT against all defendants by plaintiff Everett Jewett. (Marciel, M) Modified on 3/26/2014 (Donati, J). (Entered: 02/18/2014)

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14 Feb. 20, 2014

ORDER signed by Magistrate Judge Allison Claire on 02/19/14 ordering plaintiff's proposed amended complaint 13 filed on 2/14/14 is stricken. Plaintiff's motion for an extension of time 12 is granted. Plaintiff is granted 60 days from the date of this order to file a third amended complaint. There will be no further extension, and failure to file a third amended complaint in accordance with this order will result in this action proceeding against the defendants and on the claims of the second amended complaint this court has previously found cognizable. (Plummer, M) (Entered: 02/20/2014)

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Feb. 20, 2014

Service by Mail

Feb. 20, 2014

SERVICE BY MAIL: 14 Order on Motion for Extension,, served on Everett Jewett. (Plummer, M)

15 March 24, 2014

THIRD AMENDED PRISONER CIVIL RIGHTS COMPLAINT against all defendants by plaintiff Everett Jewett. (Attachments: # 1 Civil Cover Sheet) (MAINTAINED ON PAPER) (Marciel, M) Modified on 3/26/2014 (Donati, J). (Entered: 03/25/2014)

1 Civil Cover Sheet

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16 March 24, 2014

MOTION to PROCEED IN FORMA PAUPERIS by plaintiff Everett Jewett. (Marciel, M) (Entered: 03/25/2014)

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17 April 2, 2014

FOURTH AMENDED PRISONER CIVIL RIGHTS COMPLAINT against Everett Jewett by Everett Jewett.(Reader, L) (Entered: 04/03/2014)

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18 April 30, 2014

LETTER from plaintiff Everett Jewett regarding his extensive spinal injuries and disabilities. (Marciel, M) (Entered: 05/01/2014)

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19 July 3, 2014

LETTER confirming mailing address; REQUEST FOR STATUS from Everett Jewett. (Michel, G) (Response Sent - The Court will notify you as soon as any action is taken on your case.) Modified on 7/14/2014 (Yin, K). (Entered: 07/07/2014)

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20 Sept. 2, 2014

REQUEST for status of case by Everett Jewett. (Kastilahn, A)(Response sent: "The Court will notify you as soon as any action is taken in your case.") Modified on 9/3/2014 (Plummer, M). (Entered: 09/03/2014)

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21 Sept. 24, 2014

ORDER signed by Magistrate Judge Allison Claire on 9/24/2014 ORDERING that service is appropriate for Dr. Jeremy Austin, California Forensic Medical Group, Inc., Shasta County Sheriff's Department, Mary Barns and James Roemech; the Clerk shall send plaintiff forms for service to be completed and returned within 28 days. (Yin, K) (Entered: 09/24/2014)

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Sept. 24, 2014

Service by Mail

Sept. 24, 2014

SERVICE BY MAIL: 21 Order along with 1 Summons, 5 USM-285 forms, an instruction sheet and 1 copy of the 4/2/14 amended complaint served on Everett Jewett. (Yin, K)

22 Oct. 1, 2014

NOTICE OF SUBMISSION OF DOCUMENTS: 1 Summons, 5 USM-285 Forms, and 6 copies of the 4th amended complaint by Everett Jewett. (Reader, L) (Entered: 10/02/2014)

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23 Oct. 3, 2014

NOTICE of submission of documents for documents already submitted by Everett Jewett. (Manzer, C) (Entered: 10/06/2014)

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24 Oct. 9, 2014

ORDER DIRECTING USM to serve process within 14 days on defendants Jeremy Austin, Mary Barns, California Forensic Medical Group, Inc., James Roemech and Shasta County Sheriff's Department signed by Magistrate Judge Allison Claire on 10/7/2014. The Clerk is directed to forward to the USM documents for service, the form re consent or request for reassignment and this order. The Clerk shall also send plaintiff a copy of the Local Rules. (Yin, K) (Entered: 10/09/2014)

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25 Oct. 9, 2014

ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Allison Claire on 10/9/2014. (cc: for USM service) (Yin, K) (Entered: 10/09/2014)

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Oct. 9, 2014

Service by Mail

Oct. 9, 2014

SERVICE BY MAIL: 24 Order and Local Rules served on Everett Jewett. The USM served with instructions for service, completed summons, 5 USM-285 forms, 6 copies each of the 4/2/2014 complaint, the order re consent and 24 service process order.(Yin, K)

26 Oct. 31, 2014

WAIVER of SERVICE RETURNED EXECUTED: defendants Jeremy Austin, Mary Barns, and James Roemech Waiver sent on 10/17/2014. (Marciel, M) Modified on 11/4/2014 (Plummer, M). (Entered: 11/03/2014)

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29 Nov. 14, 2014

ADDENDUM to the 4th amended complaint by Everett Jewett. (Kastilahn, A) (Entered: 11/17/2014)

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27 Nov. 17, 2014

ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by Jeremy Austin, Mary Barns, James Roemech and California Forensic Medical Group, Inc.. Attorney Varanini, Jerome Martin added. (Attachments: # 1 Proof of Service)(Varanini, Jerome) Modified on 11/19/2014 (Yin, K). (Entered: 11/17/2014)

1 Proof of Service

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28 Nov. 17, 2014

[DISREGARD, DUPLICATE OF 27 ANSWER] ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by James Roemech. Attorney Varanini, Jerome Martin added. (Attachments: # 1 Proof of Service)(Varanini, Jerome) Modified on 11/20/2014 (Yin, K). (Entered: 11/17/2014)

1 Proof of Service

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30 Nov. 21, 2014

DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Allison Claire on 11/20/2014: Discovery due by 3/13/2015; Pretrial Motions, except motions to compel discovery, due on or before 6/5/2015; and Pretrial Conference and Trial dates will be set as appropriate. (Yin, K) (Entered: 11/21/2014)

RECAP
Nov. 21, 2014

Service by Mail

Nov. 21, 2014

SERVICE BY MAIL: 30 Discovery and Scheduling Order served on Everett Jewett. (Yin, K)

31 Dec. 17, 2014

ANSWER with Jury Demand by Shasta County Sheriff's Department. Attorney Brickwood, Gary Charles added. (Attachments: # 1 Proof of Service)(Brickwood, Gary) (Entered: 12/17/2014)

1 Proof of Service

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32 Dec. 17, 2014

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Shasta County Sheriff's Department. (Attachments: # 1 Proof of Service)(Brickwood, Gary) Modified on 12/17/2014 (Plummer, M). (Entered: 12/17/2014)

1 Proof of Service

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33 Dec. 17, 2014

CLERK'S NOTICE (text only): This case has been assigned to U.S. District Judge Morrison C. England Jr. and U.S. Magistrate Judge Allison Claire; the new case number is 2:13-cv-882 MCE AC (PC). (Plummer, M) (Entered: 12/17/2014)

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Dec. 17, 2014

Service by Mail

Dec. 17, 2014

SERVICE BY MAIL: 33 Notice - Other served on Everett Jewett. (Plummer, M)

34 Dec. 19, 2014

WAIVER of SERVICE RETURNED EXECUTED: Shasta County Sheriff's Department Waiver sent on 10/17/2014. (Zignago, K.) (Entered: 12/22/2014)

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Dec. 29, 2014

Mail Returned

Dec. 29, 2014

MAIL RETURNED as No longer in custody: unable to forward 33 Notice sent to Everett Jewett. Notice of Change of Address due by 3/9/2015. (Mena-Sanchez, L)

35 Jan. 16, 2015

NOTICE of CHANGE of ADDRESS to PO Box 600, Tracy, CA 95378 by Everett Jewett. and notice of counsel.(Becknal, R) (Entered: 01/20/2015)

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Jan. 26, 2015

Service by Mail

Jan. 26, 2015

RE-SERVICE BY MAIL: 33 Notice - Other served on Everett Jewett. (Dillon, M)

36 Feb. 3, 2015

SUMMONS RETURNED EXECUTED: California Forensic Medical Group, Inc. served on 1/23/2015. (Zignago, K.) (Entered: 02/05/2015)

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37 Feb. 3, 2015

REQUEST for Court Order Reimbursing Service Fees filed by USM. (Zignago, K.) (Entered: 02/05/2015)

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38 Feb. 20, 2015

CERTIFICATE of SERVICE by Shasta County Sheriff's Department re 31 Answer to Complaint. (Brickwood, Gary) (Entered: 02/20/2015)

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39 Feb. 20, 2015

CERTIFICATE of SERVICE by Shasta County Sheriff's Department regarding document 32 . (Brickwood, Gary) Modified on 2/23/2015 (Plummer, M). (Entered: 02/20/2015)

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40 March 2, 2015

MOTION for 180-DAY EXTENSION OF TIME to Extend Cut-Off Dates for Discovery and Dispositive Motions by Shasta County Sheriff's Department. (Attachments: # 1 Points and Authorities, # 2 Declaration of Gary Brickwood, # 3 Proposed Order, # 4 Proof of Service)(Brickwood, Gary) Modified on 3/3/2015 (Plummer, M). (Entered: 03/02/2015)

1 Points and Authorities

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2 Declaration of Gary Brickwood

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3 Proposed Order

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4 Proof of Service

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41 March 3, 2015

STATEMENT of NON-OPPOSITION by Jeremy Austin, Mary Barnes, California Forensic Medical Group, Inc., James Roemmich to 40 MOTION for 180-DAY EXTENSION OF TIME to Extend Cut-Off Dates for Discovery and Dispositive Motions. (Attachments: # 1 Proof of Service)(Varanini, Jerome) (Entered: 03/03/2015)

1 Proof of Service

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42 March 5, 2015

ORDER signed by Magistrate Judge Allison Claire on 3/4/2015 GRANTING defendant's 40 motion and VACATING the 4/1/2015 hearing; the Scheduling Order is revised as to discovery is extended to 9/9/2015, and all pretrial motions, except motions to compel discovery, shall be filed on or before 12/2/2015. (Yin, K)

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March 5, 2015

SERVICE BY MAIL: 42 Order on Motion for Extension served on Everett Jewett. (Yin, K)

43 April 10, 2015

MOTION to COMPEL by Everett Jewett. (Zignago, K.) (Entered: 04/14/2015)

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44 April 16, 2015

OPPOSITION by California Forensic Medical Group, Inc. to 43 MOTION to COMPEL. (Attachments: # 1 Declaration, # 2 Proof of Service)(Varanini, Jerome) Modified on 4/17/2015 (Plummer, M). (Entered: 04/16/2015)

1 Declaration

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2 Proof of Service

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45 May 14, 2015

NOTICE of APPEARANCE by Jon Ali Atabek on behalf of Everett Jewett. Attorney Atabek, Jon Ali added. (Atabek, Jon) (Entered: 05/14/2015)

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46 June 8, 2015

NOTICE of APPEARANCE by Anna Mercedes Rivera on behalf of Everett Jewett. Attorney Rivera, Anna Mercedes added. (Rivera, Anna) (Entered: 06/08/2015)

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47 Aug. 13, 2015

NOTICE of CHANGE of ADDRESS to California Medical Facility, PO Box 2500, Vacaville, CA 95696-2500 by Everett Jewett. (Zignago, K.) (Entered: 08/14/2015)

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48 Aug. 25, 2015

NOTICE of APPEARANCE by Kara Jane Janssen on behalf of Everett Jewett. Attorney Janssen, Kara Jane added. (Janssen, Kara) (Entered: 08/25/2015)

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49 Aug. 25, 2015

STIPULATION and PROPOSED ORDER for Vacate Discovery Cutoff and Dispositive Motion Deadline by Shasta County Sheriff's Department. (Attachments: # 1 Proposed Order)(Brickwood, Gary) (Entered: 08/25/2015)

1 Proposed Order

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50 Aug. 31, 2015

ORDER signed by Magistrate Judge Allison Claire on 08/28/15 ordering that the discovery deadline of 09/09/15 and the dispositive motion deadline of 12/02/15 are vacated. The Discovery and Scheduling Order 30 is hereby revised as follows: The parties may conduct discovery until 03/15/16. All pretrial motions, except motions to compel discovery, shall be filed on or before 6/15/16. (Plummer, M)

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51 Nov. 18, 2015

ORDER signed by Magistrate Judge Allison Claire on 11/18/15 DENYING without prejudice plaintiff's 43 motion to compel. (Yin, K)

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52 Jan. 4, 2016

PROPOSED ORDER re Stipulated Protective Order by Everett Jewett. (Janssen, Kara) (Entered: 01/04/2016)

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53 Jan. 11, 2016

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 1/08/16. (See order for further details).(Plummer, M)

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54 Jan. 12, 2016

NOTICE of APPEARANCE by Jonathan Gibson on behalf of Everett Jewett. Attorney Gibson, Jonathan added. (Gibson, Jonathan) (Entered: 01/12/2016)

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55 March 14, 2016

STIPULATION and PROPOSED ORDER for Vacate Discovery Cutoff and Dispositive Motion Deadline by Everett Jewett. (Attachments: # 1 Proposed Order Proposed Order to Vacate Discovery Cutoff and Dispositive Motion Deadlines)(Janssen, Kara) (Entered: 03/14/2016)

1 Proposed Order Proposed Order to Vacate Discovery Cutoff and Dispositive Motion

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56 March 16, 2016

ORDER signed by Magistrate Judge Allison Claire on 03/15/16 ordering that the discovery cut-off of 03/15/16 and the dispositive motion deadline of 06/15/16 are vacated. Plaintiff will file or seek leave to file, Plaintiff's amended complaint within 60 days of this order. (Plummer, M)

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57 May 6, 2016

NOTICE of APPEARANCE by Steven P. Ragland on behalf of Everett Jewett. Attorney Ragland, Steven P. added. (Ragland, Steven) (Entered: 05/06/2016)

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58 May 6, 2016

NOTICE of APPEARANCE by Ajay Sundar Krishnan on behalf of Everett Jewett. Attorney Krishnan, Ajay Sundar added. (Krishnan, Ajay) (Entered: 05/06/2016)

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59 May 6, 2016

NOTICE of APPEARANCE by Joseph Taylor Gooch on behalf of Everett Jewett. Attorney Gooch, Joseph Taylor added. (Gooch, Joseph) (Entered: 05/06/2016)

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60 May 16, 2016

STIPULATION and PROPOSED ORDER for Motion for An Extension to File Plaintiff's Fifth Amended Complaint by Everett Jewett. (Gooch, Joseph) (Entered: 05/16/2016)

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61 May 17, 2016

ORDER signed by District Judge Morrison C. England, Jr. on 5/16/2016 ORDERING that the deadline to file plaintiff's Fifth Amended Complaint is EXTENDED to 5/30/2016. (Reader, L)

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62 May 25, 2016

STIPULATION and PROPOSED ORDER for Leave to File Fifth Amended Complaint by Everett Jewett. (Attachments: # 1 Exhibit A)(Gooch, Joseph) (Entered: 05/25/2016)

1 Exhibit A

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63 June 2, 2016

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 6/1/16, ORDERING that the Court grants leave for Plaintiff to file a Fifth Amended Complaint. (Kastilahn, A)

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64 June 2, 2016

CIVIL COVER SHEET by Everett Jewett (Ragland, Steven) (Entered: 06/02/2016)

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65 June 2, 2016

FIFTH AMENDED PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by all Plaintiffs. (Ragland, Steven) Modified on 6/2/2016 (Kastilahn, A). (Entered: 06/02/2016)

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66 June 2, 2016

DEMAND for TRIAL by JURY by all Plaintiffs. Attorney Ragland, Steven P. added. (Ragland, Steven) Modified on 6/2/2016 (Kastilahn, A). (Entered: 06/02/2016)

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67 June 23, 2016

ORDER signed by Magistrate Judge Allison Claire on 06/22/16 ordering Dr. Jeremy Austin, Mary Barns, and James Roemech are dismissed as defendants in this action. Service is appropriate for the following defendants: Shasta County and Tom Bosenko,Sher iff of Shasta County. Within fourteen days of the date of this order, counsel for defendant Shasta County Sheriffs Department, Mr. Gary Brickwood, is directed to file waivers of service ofprocess for new defendants Shasta County and Tom Bosenko, or show cause inwriting why he is unable to do so. All defendants shall have thirty days from the date of service of the fifth amended complaint, or the filing of waivers of service thereto, to answer or otherwise respond to the complaint. Within sixt y days of the filing date of this order, the parties shall file a joint statement of availability for the period of September 1, 2016 through November 30, 2016, indicating blackout dates when counsel will not be available for a status conference.(Plummer, M) Modified on 6/23/2016 (Plummer, M).

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68 July 6, 2016

ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by California Forensic Medical Group, Inc.. (Varanini, Jerome) (Entered: 07/06/2016)

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69 July 7, 2016

WAIVERS of SERVICE RETURNED EXECUTED: Tom Bosenko Waiver and Shasta County Waivers sent on 6/2/2016. (Brickwood, Gary) Modified on 7/8/2016 (Yin, K). (Entered: 07/07/2016)

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70 July 18, 2016

ANSWER with Jury Demand by Tom Bosenko, Shasta County, Shasta County Sheriff's Department.(Brickwood, Gary) (Entered: 07/18/2016)

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71 July 29, 2016

NOTICE of CHANGE of ADDRESS by Anna Mercedes Rivera. (Rivera, Anna) (Entered: 07/29/2016)

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72 Aug. 19, 2016

JOINT STATEMENT in response to the Court's June 23, 2016 order 67 by Plaintiffs Michael Donald Ackley, Glen Harold Everett, Everett Jewett, Legal Services for Prisoners with Children, Harold Robert Marquette. Attorney Gooch, Joseph Taylor added. (Gooch, Joseph) Modified on 8/22/2016 (Plummer, M). (Entered: 08/19/2016)

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73 Aug. 31, 2016

ORDER signed by Magistrate Judge Allison Claire on 8/31/2016 SETTING a Status (Pretrial Scheduling) Conference for 10/19/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. No later than 14 days prior to the Status Conference, the parties shall file a Joint Status Report in accordance with this order. The Clerk shall attach to this order the form "Consent to Proceed Before a Magistrate Judge". (Attachments: # 1 Order re Consent) (Yin, K) (Entered: 08/31/2016)

1 Order re Consent

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74 Sept. 1, 2016

NOTICE OF CHANGE IN COUNSEL by Everett Jewett. (Rivera, Anna) (Entered: 09/01/2016)

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75 Sept. 2, 2016

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Maronel Barajas for Michael Donald Ackley, Glen Harold Everett, Everett Jewett,Legal Services for Prisoners with Children and Harold Robert Marquette (Rivera, Anna) Modified on 9/6/2016 (Plummer, M). (Entered: 09/02/2016)

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76 Sept. 6, 2016

NOTICE of Consent to Jurisdiction of a United States Magistrate Judge by Michael Donald Ackley, Glen Harold Everett, Everett Jewett, Legal Services for Prisoners with Children, Harold Robert Marquette re 73 Order Re Consent or Request for Reassignment,, Set/Reset Deadlines and Hearings,. (Gooch, Joseph) (Entered: 09/06/2016)

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77 Sept. 15, 2016

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Tom Bosenko, Shasta County, Shasta County Sheriff's Department. (Brickwood, Gary) (Entered: 09/15/2016)

RECAP
78 Oct. 4, 2016

JOINT STATUS REPORT by Michael Donald Ackley, Glen Harold Everett, Everett Jewett, Legal Services for Prisoners with Children, Harold Robert Marquette. (Gooch, Joseph) (Entered: 10/04/2016)

RECAP
79 Oct. 19, 2016

MINUTES (Text Only) for proceedings before Magistrate Judge Allison Claire: SCHEDULING CONFERENCE held on 10/19/2016. The court and the parties discussed various issues regarding plaintiff's motion to certify a class and the informally lifted stay regarding discovery. After the hearing the court informed the parties a scheduling order would be issued as soon as possible. Plaintiffs Counsel Jon Atabek, Jonathan Gibpson, Joseph Gooch present in court. And Anna Rivera via telephone. Defendants Counsel Gary Brickwood present. Court Reporter/CD Number: Jonathan Anderson. (Callen, V) (Entered: 10/19/2016)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Post-WalMart decisions on class certification

Key Dates

Filing Date: May 6, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current and future detainees and prisoners at Shasta County Jail with mobility disabilities who, because of their disabilities, need appropriate accommodations, modifications, services, and and/or physical access in accordance with federal and state disability laws.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Shasta County

Private Entity/Person

California Forensic Medical Group

Defendant Type(s):

Corrections

Hospital/Health Department

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

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

State law

Other Dockets:

Eastern District of California 2:13-cv-00882

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Monitoring

Monitor/Master

Reasonable Accommodation

Recordkeeping

Reporting

Required disclosure

Training

Amount Defendant Pays: $850,000

Order Duration: 2018 - 2020

Issues

General/Misc.:

Conditions of confinement

Failure to train

Staff (number, training, qualifications, wages)

Disability and Disability Rights:

Mobility impairment

Reasonable Accommodations

Reasonable Modifications

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Grievance procedures

Placement in detention facilities

Solitary confinement/Supermax (conditions or process)

Medical/Mental Health Care:

Medical care, general

Recommended Citation