Case: Johnson v. Shaffer

COMPLAINT for Declaratory and Injunctive Relief against All Defendants by Sam Johnson. Attorney Wattley, Keith Allen added. (Attachments: # 1 Civil Cover Sheet)(Wattley, Keith) (Entered: 04/20/2012)

1 Civil Cover Sheet

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CERTIFICATE of SERVICE by Sam Johnson re 1 Complaint. (Wattley, Keith) (Entered: 04/21/2012)

RECEIPT number #CAE200043897 $350.00 Civil Filing Fee fbo Sam Johnson by Keith Wattley, Esquire on 4/23/2012. (Reader, L) (Entered: 04/23/2012)

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/29/2012 (Attachments: # 1 Order re Consent) (Reader, L) (Entered: 04/23/2012)

1 Order re Consent

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RECEIPT number #CAE200043897 $350.00 Civil Filing Fee fbo Sam Johnson by Keith Wattley, Esquire on 4/23/2012. (Reader, L)

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/6/12 ORDERING that the Clerk of the Court is directed to issue and send plaintiff seven summonses, for defendants Shaffer, Cate, Brown, Kusaj, Hayward, Powers and Fulbright. The Clerk shall also send plaintiff eight copies of the form Consent to Proceed Before United States Magistrate Judge with this order. Plaintiff shall complete service of process on the defendants within 60 days from the date of this order. Plaintiff shall serve a copy of this order and a copy of the form Consent to Proceed Before United States Magistrate Judge on each defendant at the time the summons and complaint are served. (Dillon, M) (Entered: 06/07/2012)

SUMMONS ISSUED as to *Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer* with answer to complaint due within *21* days. Attorney *Keith Allen Wattley* *220 4th Street* *Suite 201* *Oakland, CA 94607*. (Dillon, M) (Entered: 06/07/2012)

ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT Consent or Decline due by 7/12/2012 (Dillon, M) (Entered: 06/07/2012)

CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Sam Johnson. (Wattley, Keith) (Entered: 07/20/2012)

SUMMONS RETURNED EXECUTED: Defendants served on 7/30/2012. (Wattley, Keith) Modified on 8/1/2012 (Plummer, M). (Entered: 07/31/2012)

MOTION to DISMISS by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Jennifer Shaffer. Attorney Lee, Michael Gregory added. (Attachments: # 1 Points and Authorities)(Lee, Michael) (Entered: 08/20/2012)

1 Points and Authorities

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AMENDED 10 MOTION to DISMISS by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer. Attorney Lee, Michael Gregory added. (Attachments: # 1 Points and Authorities)(Lee, Michael) Modified on 9/25/2012 (Yin, K). (Entered: 08/23/2012)

1 Points and Authorities

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STATUS REPORT by Sam Johnson. (Wattley, Keith) (Entered: 09/05/2012)

STIPULATION and PROPOSED ORDER to RESCHEDULE HEARING on Motion Hearing set for 10/4/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Wattley, Keith) Modified on 9/10/2012 (Yin, K). (Entered: 09/07/2012)

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 9/10/2012 and agreed between the parties to RE-SET the hearing on defendants' 11 motion to dismiss to 10/4/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows; plaintiff's opposition due on or before 9/20/2012, and defendants' reply, if any, due on or before 9/27/2012. (Yin, K) (Entered: 09/10/2012)

OPPOSITION by Sam Johnson to 11 AMENDED MOTION to DISMISS . (Wattley, Keith) Modified on 9/25/2012 (Yin, K). (Entered: 09/20/2012)

CLERK'S NOTICE: Case Assigned to Judge Kimberly J. Mueller and Magistrate Judge Gregory G. Hollows. (Manzer, C) (Entered: 10/16/2012)

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/18/2012 GRANTING 11 Amended Motion to Dismiss; ALLOWING Plaintiff to file an Amended Complaint within 28 days. (Michel, G) (Entered: 10/18/2012)

FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Sam Johnson.(Wattley, Keith) (Entered: 11/15/2012)

MOTION to be joined to this case by Luis Renteria. (Kaminski, H) (Entered: 11/20/2012)

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

ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer. (Lee, Michael) (Entered: 12/06/2012)

ORDER signed by Magistrate Judge Allison Claire on 1/10/2013 ORDERING 20 that Luis Renteria's motion to be joined in this action is DENIED. (Reader, L) (Entered: 01/10/2013)

SERVICE BY MAIL: 22 Order on Motion served on Luis Renteria. (Reader, L) (Entered: 01/10/2013)

SERVICE BY MAIL: 22 Order on Motion served on Luis Renteria. (Reader, L)

DESIGNATION of COUNSEL FOR SERVICE: Added attorney Megan R. O'Carroll for defendants Edmund G. Brown Jr., Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, and Jennifer Shaffer; Attorney Michael G. Lee terminated (O'Carroll, Megan) Modified on 1/30/2013 (Schultz, C). (Entered: 01/30/2013)

DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Allison Claire on 02/19/13 ordering Discovery due by 5/29/2013. Dispositive Motions filed by 8/21/2013. (Plummer, M) (Entered: 02/20/2013)

MOTION to COMPEL Discovery Responses by Sam Johnson. (Attachments: # 1 Proposed Order Granting Motion to Compel)(Wattley, Keith) (Entered: 05/29/2013)

1 Proposed Order Granting Motion to Compel

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DECLARATION of Keith Wattley in SUPPORT OF 25 MOTION to COMPEL Discovery Responses . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Wattley, Keith) (Entered: 05/29/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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OPPOSITION by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer to 25 MOTION to COMPEL Discovery Responses . (Attachments: # 1 Attachment 1, # 2 Attachment 2)(O'Carroll, Megan) (Entered: 06/19/2013)

1 Attachment 1

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2 Attachment 2

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REPLY by Sam Johnson to RESPONSE to 25 MOTION to COMPEL Discovery Responses . (Attachments: # 1 Exhibit M)(Wattley, Keith) (Entered: 06/26/2013)

1 Exhibit M

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MOTION to CERTIFY CLASS by Sam Johnson. Motion Hearing set for 10/16/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Wattley, Keith) (Entered: 08/21/2013)

MOTION for SUMMARY JUDGMENT by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer. (Attachments: # 1 Points and Authorities, # 2 Statement of Undisputed Facts, # 3 Exhibits A - F, # 4 Exhibits G - O, # 5 Exhibit P)(O'Carroll, Megan) (Entered: 08/21/2013)

1 Points and Authorities

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2 Statement of Undisputed Facts

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3 Exhibits A - F

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4 Exhibits G - O

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5 Exhibit P

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ORDER signed by Magistrate Judge Allison Claire on 8/29/2013 ORDERING 24 DISCOVERY and SCHEDULING Order is herein AMENDED to state that L.R. 230(l) does not apply to this action; rather, all motions must be briefed in accordance with the other providsions of L.R. 230; 25 30 Motions Hearing RESET for 10/16/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.(Waggoner, D) (Entered: 08/29/2013)

ASSOCIATION of ATTORNEY: Added attorney Heather M Heckler for Edmund G. Brown, Jr,Heather M Heckler for Matthew Cate,Heather M Heckler for Al Fulbright,Heather M Heckler for Richard Hayward,Heather M Heckler for Cliff Kusaj,Heather M Heckler for Thomas Powers,Heather M Heckler for Jennifer Shaffer. (Heckler, Heather) (Entered: 09/18/2013)

RESPONSE by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer to 29 MOTION to CERTIFY CLASS . (Heckler, Heather) (Entered: 10/02/2013)

OPPOSITION by Sam Johnson to 30 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Statement of Disputed Facts)(Wattley, Keith) (Entered: 10/02/2013)

1 Statement of Disputed Facts

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REPLY by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer re 34 Opposition to Motion. (Heckler, Heather) (Entered: 10/09/2013)

REPLY by Sam Johnson to RESPONSE to 29 MOTION to CERTIFY CLASS . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Wattley, Keith) (Entered: 10/09/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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MINUTES (Text Only) for proceedings held before Magistrate Judge Allison Claire: MOTION HEARING held on 10/16/2013 re 25 MOTION to COMPEL Discovery Responses filed by Sam Johnson, 29 MOTION to CERTIFY CLASS filed by Sam Johnson, 30 MOTION for SUMMARY JUDGMENT filed by Thomas Powers, Matthew Cate, Al Fulbright, Edmund G. Brown, Jr., Jennifer Shaffer, Cliff Kusaj, Richard Hayward. The motions are submitted at this time and the court will issue a written order. Plaintiffs Counsel Keith Wattley present. Defendants Counsel Megan R. O'Caarrol and Heather Heckler present. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 10/16/2013)

BRIEF by Sam Johnson. (Wattley, Keith) (Entered: 10/21/2013)

REPLY by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer re 38 Brief. (Heckler, Heather) (Entered: 10/24/2013)

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/31/13 ORDERING that Plaintiffs motion to compel discovery responses (ECF No. 25 ) is construed as a motion to reopen discovery and as such is GRANTED in part; The court declines to order responses to plaintiffs previously propounded discovery requests, but will set a new schedule for discovery and dispositive motions following the district courts ruling on the Findings and Recommendation that follow; Within 14 days of the district courts ruling on the Findings and Recommendations regarding class certification and defendants motion for summary judgment, the parties shall file status reports; it is RECOMMENDED that Petitioners motion for class certification (ECF No. 29 ) be granted; Defendants motion for summary judgment (ECF No. 30 ) be granted in part and denied in part (see order for details). Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M) (Entered: 11/01/2013)

OBJECTIONS to FINDINGS and RECOMMENDATIONS 40 by Defendants Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer. (Heckler, Heather) (Entered: 11/15/2013)

REPLY by Sam Johnson to Defendants' Objections to the 40 Findings and Recommendations. (Wattley, Keith) Modified on 12/5/2013 (Yin, K). (Entered: 12/02/2013)

[DISREGARD, DUPLICATE OF 42 REPLY] REPLY by Sam Johnson to defendants' objections to 40 Findings and Recommendations. (Wattley, Keith) Modified on 12/5/2013 (Yin, K). (Entered: 12/02/2013)

ORDER signed by Judge Kimberly J. Mueller on 3/31/2014 ORDERING 40 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; 29 Motion to Certify Class is GRANTED; 30 Motion for Summary Judgment is GRANTED in part and DENIED in part as provided in this Order; Status Conference SET for 5/1/2014 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Parties shall confer and, at least seven days prior to the status conference, file a Joint StatusReport that includes the Rule 26(f) discovery plan, with all named parties participating in the preparation and completion of the report. The court, upon review of the joint status report and following the status conference, will issue a scheduling order governing the future course of the litigation. In the extraordinary event the parties are not able to file a joint status report, each party must file an individual status report and attach a declaration setting forth, in detail, the extraordinary circumstances that prevented the parties from filing a joint status report.(Waggoner, D) (Entered: 03/31/2014)

STIPULATION and PROPOSED ORDER for Continuance of Status Conference by Sam Johnson. (Wattley, Keith) (Entered: 04/11/2014)

MINUTE ORDER issued by Courtroom Deputy A. Shaddox-Waldrop for Judge Kimberly J. Mueller on 4/15/2014 GRANTING the parties' Stipulation and Proposed Order 45 . The 5/1/2014 Status Conference is VACATED AND RESET for 5/15/2014 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. The parties shall also submit their Joint Status Report by 5/8/2014. (Text Only Entry) (Shaddox-Waldrop, A) (Entered: 04/15/2014)

USCA CASE NUMBER 14-80053 re Petition for permission to appeal pursuant to Rule 23(f) filed in the Ninth Circuit on 4/14/2014. (Zignago, K.) (Entered: 04/22/2014)

ASSOCIATION of ATTORNEY: Added attorney Christopher John Rench for Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers and Jennifer Shaffer. (Rench, Christopher) Modified on 5/8/2014 (Plummer, M). (Entered: 05/07/2014)

JOINT STATUS REPORT by Sam Johnson. (Wattley, Keith) (Entered: 05/08/2014)

MINUTES for STATUS CONFERENCE held before Judge Kimberly J. Mueller on 5/15/2014. Plaintiff's Counsel, Keith Wattley, present. Defendants' Counsel, Chris Rench and Heather Heckler, present. The court and counsel discussed case scheduling and settlement conference options; formal written order to issue. Court Reporter: Kathy Swinhart. (Text Only Entry) (Schultz, C) (Entered: 05/15/2014)

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Kimberly J. Mueller on 5/22/2014 ORDERING: Motion to Amend due by 7/15/2014; Initial Disclosures due by 8/15/2014; Non-Expert Discovery due by 1/15/2015; All non-expert discovery Motions heard by 4/30/2015; Plaintiffs' Expert Reports due by 4/15/2015; Defendants' Expert Reports due by 5/29/2015; Last day to hear expert related discovery is 9/1/2015; Dispositive Motions filed by 11/6/2015; Final Pretrial Conference set for 2/4/2016 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; and Bench Trial set for 3/28/2016 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Donati, J) (Entered: 05/22/2014)

EX PARTE REQUEST to opt out of Shaffer Class Action by Avon Davies, CDCR No. J-42775. (Michel, G) (Entered: 06/11/2014)

ORDER of USCA - The court, in its discretion, denies the petition for permission to appeal the district court's March 31, 2014 order granting class action certification. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005) (per curiam). (Becknal, R) (Entered: 06/13/2014)

NOTICE Regarding Amended Complaint by Sam Johnson. (Wattley, Keith) (Entered: 07/15/2014)

MOTION for Judgment on the Pleadings by Edmund G. Brown, Jr, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer. (Heckler, Heather) Modified on 9/29/2014 (Yin, K). (Entered: 09/26/2014)

STIPULATION and PROPOSED ORDER to Reschedule Motion Hearing by plaintiff Sam Johnson. (Wattley, Keith) Modified on 10/16/2014 (Schultz, C). (Entered: 10/10/2014)

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 10/16/2014: The parties' stipulated request to continue 56 is GRANTED. Accordingly, the motion hearing as to defendants' Motion for Judgment on the Pleadings 55 set for 10/24/2014 is VACATED and RESET for 11/7/2014 at 10:00 AM in Courtroom 3 before Judge Kimberly J. Mueller and the parties' proposed briefing schedule is ADOPTED. (Text Only Entry) (Schultz, C) (Entered: 10/16/2014)

OPPOSITION by Sam Johnson to 55 MOTION for JUDGMENT. (Wattley, Keith) (Entered: 10/24/2014)

REPLY by Edmund G. Brown, Jr, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer re 58 Opposition to Motion. (Heckler, Heather) (Entered: 10/31/2014)

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller on 11/3/2014: On the court's own motion, the pending Motion for Judgment on the Pleadings at ECF No. 55 is REFERRED to Magistrate Judge Allison Claire. Accordingly, the motion hearing set for 11/7/2014 at 10:00 a.m. before District Judge Kimberly J. Mueller is VACATED and RESET for 11/12/2014 at 10:00 a.m. in Courtroom 26 before Magistrate Judge Allison Claire. (Text Only Entry) (Schultz, C) (Entered: 11/03/2014)

MINUTES (Text Only) for proceedings held before Magistrate Judge Allison Claire: MOTION HEARING held on 11/12/2014 re 55 MOTION for JUDGMENT filed by Thomas Powers, Al Fulbright, Edmund G. Brown, Jr., Jennifer Shaffer, Cliff Kusaj, Richard Hayward, 60 Minute Order, Set/Reset Motion Hearing. The matter is taken under submission and the court will issue a written order. Plaintiffs Counsel Keith Wattley present. Defendants Counsel Heather Heckler present. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 11/12/2014)

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/02/14 recommending that defendants' motion for judgment on the pleadings be granted as to claims 4,5,9, and 12 and otherwise denied. That plaintiff be granted 30 days of the date of this order to file an amended complaint alleging only the 2 remaining claims, or to file a statement that it will stand on the surviving claims of the current complaint construed by the court; and that defendants' motion to dismiss defendants be denied. MOTION 55 referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M) (Entered: 12/03/2014)

OBJECTIONS to FINDINGS and RECOMMENDATIONS 62 by Defendants Edmund G. Brown, Jr, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer. (Heckler, Heather) (Entered: 12/23/2014)

REPLY by Sam Johnson re 62 FINDINGS and RECOMMENDATIONS recommending that defendants' motion for judgment on the pleadings be granted as to claims 4,5,9, and 12 and otherwise denied. That plaintiffs be granted 30 days of the date of this order to file an amended complaint a, 63 Objections to Findings and Recommendations. (Wattley, Keith) (Entered: 01/20/2015)

ORDER RE: PRO SE PRISONER FILINGS signed by Magistrate Judge Allison Claire on 2/19/2015 ORDERING the Clerk shall not file in this action any documents submitted by prisoners proceeding pro se; all documents bearing this case name and/or number which are submitted to the Clerk by a prisoner proceeding pro se shall be returned to the prisoner, together with a copy of this order; prisoners proceeding pro se may forward their requests or questions to counsel of record for plaintiff class, Keith A. Wattley.(Yin, K) (Entered: 02/19/2015)

MOTION to modify pretrial scheduling order 51 and set case management conference by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer. (Attachments: # 1 Proposed Order)(Heckler, Heather) Modified on 4/16/2015 (Plummer, M). (Entered: 04/15/2015)

1 Proposed Order

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TRANSCRIPT REQUEST by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer for proceedings held on 11/12/2014 before Judge Allison Claire. Court Reporter ECRO Jonathan Anderson. (Heckler, Heather) (Entered: 05/13/2015)

ORDER ADOPTING 62 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 5/14/15. The 55 Motion for Judgment is GRANTED in part and DENIED in part. Amended Complaint due within 30 days. The Motion to dismiss all defendants other than the Governor and EO of the BOP Hearings is DENIED. The 66 Motion to Modify the Pretrial Scheduling Order is GRANTED. All previously set dates are VACATED. Status Conference reset for 8/13/2015 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Manzer, C) (Entered: 05/15/2015)

[DISREGARDED, RETURNED WITH COPY OF 65 ORDER] REQUEST for Copy of Public Record. (Meuleman, A) Modified on 5/22/2015 (Yin, K). (Entered: 05/18/2015)

TRANSCRIPT of Defendant's Motion for Judgment on the Pleadings Proceedings held on 11/12/2014, before Magistrate Judge Allison Claire. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/6/2015. Redacted Transcript Deadline set for 7/13/2015. Release of Transcript Restriction set for 9/11/2015 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) (Entered: 06/12/2015)

NOTICE re Amended Complaint by Sam Johnson re 68 Order. (Wattley, Keith) Modified on 6/23/2015 (Plummer, M). (Entered: 06/22/2015)

**DISREGARDED**DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jessica Nicole Blonien for Edmund G. Brown, Jr,Jessica Nicole Blonien for Matthew Cate,Jessica Nicole Blonien for Al Fulbright,Jessica Nicole Blonien for Richard Hayward,Jessica Nicole Blonien for Cliff Kusaj,Jessica Nicole Blonien for Thomas Powers,Jessica Nicole Blonien for Jennifer Shaffer, attorney Heather M Heckler terminated (Blonien, Jessica) (Entered: 07/17/2015)

JOINT STATUS REPORT by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer. (Blonien, Jessica) (Entered: 07/17/2015)

CLERK'S NOTICE (text only): Please Disregard 72 Designation of Counsel as this was Filed in Error. (Flores, E) (Entered: 07/17/2015)

DESIGNATION of COUNSEL FOR SERVICE., attorney Christopher John Rench terminated (Blonien, Jessica) (Entered: 07/17/2015)

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller: In light of the parties' joint statement, the court requests a further update on the settlement discussions referenced in that statement. In particular, the parties are directed to inform the court by the close of business on Tuesday, August 11, whether they have exhausted settlement discussions on their own, if not how much more time they believe they need to exhaust settlement, and whether they request referral to a court-convened settlement conference presided over by another judge of the court by random draw or a member of the court's Voluntary Dispute Resolution Panel. (Text Only Entry) (Schultz, C) (Entered: 08/10/2015)

JOINT STATEMENT by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, and Jennifer Shaffer in response to the Minute Order at ECF No. 76. (Heckler, Heather) (Modified on 8/11/2015 by C. Schultz) (Entered: 08/11/2015)

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller: Upon review of the parties' joint statement and on the court's own motion, the Status Conference set for 8/13/2015 is VACATED and RESET for 9/17/2015 at 2:30 PM in Courtroom 3 before Judge Kimberly J. Mueller subject to the court's vacating the status conference based on review of the parties' documents to be filed by 9/10/2015. (Text Only Entry) (Schultz, C) (Entered: 08/11/2015)

JOINT MOTION for Preliminary Approval of Settlement Agreement; MOTION to STAY; and Proposed Notice to the Class by Edmund G. Brown, Jr, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer. (Attachments: # 1 Supplement, # 2 Proposed Order, # 3 Proof of Service)(Heckler, Heather) Modified on 9/11/2015 (Yin, K). (Entered: 09/10/2015)

1 Supplement

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2 Proposed Order

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3 Proof of Service

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MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller: In light of the parties' motion for preliminary approval of class settlement, ECF No. 79, and on the court's own motion, the Status Conference set for 9/17/2015 is VACATED, to be reset at a later date if necessary. (Text Only Entry) (Schultz, C) (Entered: 09/11/2015)

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller: On the court's own motion, a Telephonic Status Conference re: the parties' Motion for Preliminary Approval of Class Settlement (ECF No. 79 ) is SET for 10/1/2015 at 2:30 PM in Courtroom 3 before Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C) (Entered: 09/28/2015)

MINUTES for TELEPHONIC STATUS CONFERENCE held before Judge Kimberly J. Mueller on 10/1/2015. Plaintiff's Counsel, Keith Wattley, present by telephone. Defendants' Counsel, Heather Heckler and Jessica Blonien, present by telephone. The court and counsel discussed case scheduling; a formal written order to issue. Court Reporter: Kimberly Bennett. (Text Only Entry) (Schultz, C) (Entered: 10/02/2015)

AMENDED STIPULATED SETTLEMENT by Edmund G. Brown, Jr, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer. (Attachments: # 1 Notice, # 2 Proof of Service)(Blonien, Jessica) Modified on 10/5/2015 (Yin, K). (Entered: 10/02/2015)

1 Notice of Amended Stipulated Settlement

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2 Proof of Service

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ORDER signed by Judge Kimberly J. Mueller on 10/6/2015 GRANTING 79 Joint Motion for Preliminary Approval of Class Action Settlement; DIRECTING the parties to prepare within three days, a final version of the Stipulated Settlement removing paragraph 15 and incorporating the dates set forth in this order; DIRECTING the defendants to post within fourteen days, notice in English and Spanish in all housing units of all prisons housing prisoners who are serving life sentences and are eligible for parole consideration after having served their minimum terms; ORDERING the defendants to file and serve on the plaintiffs a declaration that notice was published consistent with this order; SETTING a Final Fairness Hearing for 12/18/2015 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; ORDERING that any further briefing from the parties in advance of the hearing be filed by 12/4/2015; ORDERING that any comments regarding the fairness of the settlement be postmarked by 11/13/2015 and mailed to: Clerk of the Court, United States District Court, Eastern District of California, 501 "I" Street, Sacramento, CA 95814. (Michel, G.) (Entered: 10/07/2015)

NOTICE OF COMPLIANCE WITH OCTOBER 7, 2015 ORDER 84 by Edmund G. Brown, Jr, Matthew Cate, Al Fulbright, Richard Hayward, Cliff Kusaj, Thomas Powers, Jennifer Shaffer: # 1 Final Notice, # 2 Proof of Service )(Heckler, Heather) Modified on 10/13/2015 (Plummer, M). (Entered: 10/09/2015)

1 Final Notice

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2 Proof of Service

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MOTION for ATTORNEY FEES by Sam Johnson. Motion Hearing set for 11/20/2015 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: # 1 Declaration of Keith Wattley in Support of Motion for Fees and Costs, # 2 Exhibit A to Wattley Declaration, # 3 Exhibit B to Wattley Declaration, # 4 Exhibit C to Wattley Declaration, # 5 Proposed Order Granting Motion for Fees and Costs)(Wattley, Keith) (Entered: 10/16/2015)

1 Declaration of Keith Wattley in Support of Motion for Fees and Costs

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2 Exhibit A to Wattley Declaration

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3 Exhibit B to Wattley Declaration

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4 Exhibit C to Wattley Declaration

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5 Proposed Order Granting Motion for Fees and Costs

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DECLARATION of Counsel Regarding the Posting of Class Notices and the Placement of Documents in Prison Libraries. (Blonien, Jessica) (Entered: 10/28/2015)

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller ORDERING the Motion for Attorney Fees (ECF No. 86 ) is REFERRED to Magistrate Judge Allison Claire. Accordingly, the Motion Hearing set for 11/20/2015 before District Judge Kimberly J. Mueller is VACATED. Plaintiff shall re-notice the motion before Magistrate Judge Allison Claire. (Text Only Entry) (Schultz, C) (Entered: 10/29/2015)

COMMENTS by Ivan Von Staich (CDC # E-10079) to 84 Order. (Donati, J) (Entered: 11/10/2015)

COMMENTS by Ferdinand Reynolds (CDC # D-11772) to 84 Order. (Donati, J) (Entered: 11/10/2015)

COMMENTS by Larry Hines (CDC# C-31133) to 84 Order. (Donati, J) (Entered: 11/10/2015)

COMMENTS by Javert Siller (CDC# C-56518) to 84 Order. (Donati, J) (Entered: 11/10/2015)

COMMENTS by Todd Gillard (CDC# H-73089) to 84 Order. (Donati, J) (Entered: 11/10/2015)

COMMENTS by Gary Robinson (CDC# B-92448) to 84 Order. (Donati, J) (Entered: 11/10/2015)

COMMENTS by Richard Bell (CDC# D-34780) to 84 Order. (Donati, J) (Entered: 11/10/2015)

COMMENTS by Roy Roach (CDC# E-00045) to 84 Order. (Donati, J) (Entered: 11/10/2015)

COMMENTS by Richard Crane (CDC# C-44519) to 84 Order. (Donati, J) (Entered: 11/10/2015)