Case: M.H. v. County of Alameda

3:11-cv-02868 | U.S. District Court for the Northern District of California

Filed Date: June 10, 2011

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On June 10, 2011, the plaintiffs--family members of the decedent--filed this lawsuit in the U.S. District for the Northern District of California. The decedent, a father to one of the plaintiffs, had been beaten and killed by several deputy sheriffs in Santa Rita Jail after he made a mess in his cell after being denied medical treatment for alcohol withdrawal. The plaintiffs sued Alameda Country as well as Corizon Health, Inc., the corporation responsible for providing medical treatment to the …

On June 10, 2011, the plaintiffs--family members of the decedent--filed this lawsuit in the U.S. District for the Northern District of California. The decedent, a father to one of the plaintiffs, had been beaten and killed by several deputy sheriffs in Santa Rita Jail after he made a mess in his cell after being denied medical treatment for alcohol withdrawal. The plaintiffs sued Alameda Country as well as Corizon Health, Inc., the corporation responsible for providing medical treatment to the inmates of Alameda County under 42 U.S.C. §1983. The plaintiffs, represented by private counsel, sought monetary, declaratory, and injunctive relief. Their complaint alleged that Alameda County had violated the decedent’s Eighth Amendment right to be free from cruel and unusual punishment as well as his Fourth Amendment right to be free from unreasonable search and seizure; the complaint also included state law claims.

On June 16, 2011, the case was assigned to Judge Claudia Wilken. Later, on Feb 12, 2013, the case would be assigned to Judge Jon S. Tigar. On November 19, 2012, plaintiffs filed an amended complaint.

The parties began settlement negotiations, and on December 18, 2012, the defendant Corizon Health filed a motion to dismiss. On April 18, 2013, Judge Tigar denied this motion, finding that the plaintiffs had stated valid claims against Corizon Health.

On August 30, 2013, the plaintiffs filed a notice of settlement. In November 2013, the defendants filed three separate motions for summary judgment or in the alternative, partial summary judgment.

On April 11, 2014, Judge Tigar granted in part and denied in part the defendants’ motions for summary judgment. The court ruled in the defendants’ favor for all claims except the claim of assault and battery.

On January 5, 2015, Judge Tigar referred the case to Magistrate Judge Laurel Beeler for a mandatory settlement conference. The following month, the parties reached a settlement agreement and filed two stipulations with the court. One offered a proposed order of settlement. The other dismissed with prejudice all claims against the defendants pursuant to the settlement agreement. On February 27, 2015, the court granted both. The settlement agreement consisted of monetary relief in the amount of $8,300,000 and injunctive relief. The injunctive relief required Corizon Health to provide nurses for conducting patient assessments of all inmates in Alameda County. The settlement also required Alameda County to provide health training for the Alameda County Sheriff’s Office as well as to provide documentation of the training processes. The injunctive relief is to last for four years and the court will retain jurisdiction over the settlement.

Later that year, an individual with a similar case filed a motion to intervene in order to gain access to a deposition transcript from the present case. On January 21, 2016, Judge Tigar granted the motion to intervene.

The injunctive relief was set to end February 1, 2019. Presumably, the settlement lapsed and this case is now closed.

Summary Authors

Jake Parker (5/23/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4178291/parties/mh-v-county-of-alameda/


Judge(s)

Beeler, Laurel (California)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Altomare, Gina N. (California)

Burris, John L. (California)

Friedman, Richard Henry (Washington)

Guertin, Genevieve K. (California)

Haddad, Michael J. (California)

Helm, Thomas Kennedy IV (California)

Nisenbaum, Benjamin (California)

Sherwin, Julia (California)

Judge(s)

Beeler, Laurel (California)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Altomare, Gina N. (California)

Burris, John L. (California)

Friedman, Richard Henry (Washington)

Guertin, Genevieve K. (California)

Haddad, Michael J. (California)

Helm, Thomas Kennedy IV (California)

Nisenbaum, Benjamin (California)

Sherwin, Julia (California)

Attorneys(s) for Defendant

Andrada, J. Randall (California)

Chung, Pamela (California)

Drury, William W. Jr. (Arizona)

Grigg, Matthew M (California)

Ho, Carol B. (California)

Hudgins, Nancy Eaton (California)

Hunter, Jeffrey Stephen (Arizona)

Koss, Catherine Elizabeth (California)

Ly, Valerie Lu (California)

Pang, Aileen (California)

Stringer, Martha (California)

Williams, Kathleen J. (California)

Other Attorney(s)

Torres, Javier (Arizona)

Documents in the Clearinghouse

Document

3:11-cv-02868

Docket [PACER]

Dec. 7, 2017

Dec. 7, 2017

Docket
1

3:11-cv-02868

Complaint for Damages

June 10, 2011

June 10, 2011

Complaint
46

3:11-cv-02868

Second Amended Complaint for Damages and Demand for Jury Trial

Nov. 19, 2012

Nov. 19, 2012

Complaint
76

3:11-cv-02868

Order Regarding Motion to Dismiss

90 F.Supp.3d 889

April 17, 2013

April 17, 2013

Order/Opinion
296

3:11-cv-02868

Amended Order Granting in Part, Denying in Part Defendants' Motions for Summary Judgment

April 11, 2014

April 11, 2014

Order/Opinion
437

3:11-cv-02868

Stipulation and (Proposed) Order of Settlement

Feb. 26, 2015

Feb. 26, 2015

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4178291/mh-v-county-of-alameda/

Last updated Aug. 5, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Damages & Jury Trial Demanded - [No Summons Issued] against Gregory J. Ahern, M. Alhf & County of Alameda, [Filing Fee: $350.00, Receipt Number 44611007138] Filed by M.H.. (Attachments: #(1) Civil Cover Sheet)(tn, COURT STAFF) (Filed on 6/10/2011) (Entered: 06/14/2011)

1 Civil Cover Sheet

View on PACER

June 10, 2011

June 10, 2011

RECAP

Case Referred to ECF

June 10, 2011

June 10, 2011

PACER
2

ADR SCHEDULING ORDER: Joint Case Management Statement due 9/13/2011 & InitialCase Management Conference set for 9/20/2011 at 10:00 AM.. (tn, COURT STAFF) (Filed on 6/10/2011) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER

CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF)

June 10, 2011

June 10, 2011

PACER
3

Declination to Proceed Before a United States Magistrate Judge & Request for Reassignment to a United States District Court Judge filed by Plaintiff M.H.. (tn, COURT STAFF) (Filed on 6/14/2011) (Entered: 06/15/2011)

June 14, 2011

June 14, 2011

PACER
4

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (lmh, COURT STAFF) (Filed on 6/15/2011) (Entered: 06/15/2011)

June 15, 2011

June 15, 2011

PACER
5

ORDER REASSIGNING CASE. Case reassigned to Hon. Claudia Wilken for all further proceedings. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. Signed by Executive Committee on 6/16/11. (ha, COURT STAFF) (Filed on 6/16/2011) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
6

CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE: Case Management Statement due by 9/13/2011. Case Management Conference set for 9/20/2011 02:00 PM. Signed by Judge Claudia Wilken on 6/17/2011. (ndr, COURT STAFF) (Filed on 6/17/2011) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
7

Summons Issued as to Gregory J. Ahern, M. Alhf, County of Alameda. (kc, COURT STAFF) (Filed on 7/22/2011) (Entered: 07/25/2011)

July 22, 2011

July 22, 2011

PACER
8

SUMMONS Returned Executed by M.H.. County of Alameda served on 7/22/2011, answer due 8/12/2011. (Burris, John) (Filed on 8/3/2011) (Entered: 08/03/2011)

Aug. 3, 2011

Aug. 3, 2011

PACER
9

SUMMONS Returned Executed by M.H.. Gregory J. Ahern served on 7/22/2011, answer due 8/12/2011. (Burris, John) (Filed on 8/3/2011) (Entered: 08/03/2011)

Aug. 3, 2011

Aug. 3, 2011

PACER
10

SUMMONS Returned Executed by M.H.. M. Alhf served on 7/22/2011, answer due 8/12/2011. (Burris, John) (Filed on 8/3/2011) (Entered: 08/03/2011)

Aug. 3, 2011

Aug. 3, 2011

PACER
11

ANSWER to Complaint with Jury Demand byGregory J. Ahern, M. Alhf, County of Alameda. (Ly, Valerie) (Filed on 8/9/2011) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
12

NOTICE by Gregory J. Ahern, M. Alhf, County of Alameda of Appearance of J. Randall Andrada as Co-Counsel for Defendants (Andrada, J.) (Filed on 8/9/2011) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
13

STIPULATION TO ALLOW PLAINTIFF TO FILE FIRST AMENDED COMPLAINT, FRCivP 15(a) AND TO CONTINUE CASE MANAGEMENT CONFERENCE AND (PROPOSED) ORDER by M.H., Gregory J. Ahern, M. Alhf, County of Alameda. (Nisenbaum, Benjamin) (Filed on 9/13/2011) Modified on 9/14/2011 (cp, COURT STAFF). (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
14

ORDER Granting 13 Stipulation TO ALLOW PLAINTIFF TO FILE FIRST AMENDED COMPLAINT, FRCivP 15(a) AND TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/15/2011. Case Management Conference set for 11/22/2011 02:00 PM. Signed by Judge Claudia Wilken on 9/15/2011. (ndr, COURT STAFF) (Filed on 9/15/2011) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

RECAP
15

NOTICE of Appearance by Aileen Pang (Pang, Aileen) (Filed on 9/16/2011) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
16

FIRST AMENDED COMPLAINT; JURY DEMAND against Gregory J. Ahern, M. Alhf, County of Alameda, Alejandro Valverde, Joshua Swetnam, Roberto Martinez, Zachary Litvinchuk, Ryan Madigan, Michael Bareno, Fernando Rojas-Castaneda, Shawn Sobrero, Solomon Unubun. Filed byM.H., Joseph Harrison, Tiffany Harrison, Krystle Harrison, Martin Harrison, Jr.. (Nisenbaum, Benjamin) (Filed on 9/20/2011) Modified on 9/21/2011 (cp, COURT STAFF). (Entered: 09/20/2011)

Sept. 20, 2011

Sept. 20, 2011

RECAP
17

NOTICE of Appearance by Gina N Altomare, Michael J Haddad and Julia Sherwin (Altomare, Gina) (Filed on 9/20/2011) (Entered: 09/20/2011)

Sept. 20, 2011

Sept. 20, 2011

PACER
18

ANSWER to Amended Complaint; Jury Demand byGregory J. Ahern, M. Alhf, County of Alameda, Zachary Litvinchuk, Ryan Madigan, Roberto Martinez, Fernando Rojas-Castaneda, Shawn Sobrero, Joshua Swetnam, Solomon Unubun, Alejandro Valverde. (Pang, Aileen) (Filed on 10/7/2011) Modified on 10/11/2011 (cp, COURT STAFF). (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
19

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Altomare, Gina) (Filed on 11/2/2011) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

PACER

ADR Clerk Setting an ADR Phone Conference on 11/17/11 at 10:30 a.m. Pacific time. The court will provide instructions for connecting to the call in a separate notice to the parties. (sgd, COURT STAFF) (Filed on 11/3/2011)

Nov. 3, 2011

Nov. 3, 2011

PACER

ADR Clerk's Notice Setting ADR Phone Conference

Nov. 3, 2011

Nov. 3, 2011

PACER
20

CASE MANAGEMENT STATEMENT (JOINT) filed by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Altomare, Gina) (Filed on 11/11/2011) (Entered: 11/11/2011)

Nov. 11, 2011

Nov. 11, 2011

PACER
21

ANSWER to Amended Complaint; Jury Demand byMichael Bareno. (Pang, Aileen) (Filed on 11/15/2011) Modified on 11/16/2011 (cp, COURT STAFF). (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER

ADR Remark: ADR Phone Conference held by GDB on 11/17/11. (sgd, COURT STAFF) (Filed on 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER

ADR Phone Conference held

Nov. 18, 2011

Nov. 18, 2011

PACER
22

Minute Entry and Case Management Order: Initial Case Management Conference held on 11/22/2011 before Claudia Wilken (Date Filed: 11/22/2011). CASE REFERRED to Magistrate Judge for Settlement Conference. Case Management Statement due by 10/18/2012. Further Case Management Conference set for 10/25/2012 02:00 PM. Motion Hearing set for 10/25/2012 02:00 PM before Hon. Claudia Wilken. Final Pretrial Conference set for 1/23/2013 02:00 PM. Jury Selection set for 2/4/2013 08:30 AM before Hon. Claudia Wilken. Jury Trial (10 day)set for 2/4/2013 08:30 AM before Hon. Claudia Wilken. (Court Reporter Sarah Goeckler.) (ndr, COURT STAFF) (Date Filed: 11/22/2011) (Entered: 11/29/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
23

NOTICE by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr. of Unavailability of Counsel (Altomare, Gina) (Filed on 12/1/2011) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
24

Order Setting Settlement Conference before Magistrate Judge Settlement Conference set for 3/2/2012 10:00 AM. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 12/1/11. (bjtS, COURT STAFF) (Filed on 12/1/2011) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
25

THIS IS A TEXT ONLY DOCKET ENTRY, THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. CLERK'S NOTICE: Settlement Conference set for 3/2/2012 has been Rescheduled to 4/3/2012 at 10:00 AM before Chief Magistrate Judge MARIA-ELENA JAMES. (bjtS, COURT STAFF) Filed on 1/10/2012) (Entered: 01/10/2012) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
26

STIPULATION WITH PROPOSED ORDER REGARDING PRODUCTION OF CONFIDENTIAL DOCUMENTS filed by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr., County of Alameda, et al. (Altomare, Gina) (Filed on 3/8/2012) Modified on 3/9/2012 (cp, COURT STAFF). (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

PACER
27

Order granting 26 Stipulation entered by Hon. Claudia Wilken. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
28

Proposed Order [BY STIPULATION, TO CONTINUE SETTLEMENT CONFERENCE] by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Haddad, Michael) (Filed on 3/20/2012) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
29

ORDER Granting 28 Stipulation TO CONTINUE SETTLEMENT CONFERENCE. Signed by Judge Claudia Wilken on 3/22/2012. (ndr, COURT STAFF) (Filed on 3/22/2012) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

RECAP
30

Order Setting Settlement Conference before Magistrate Judge Settlement Conference set for 7/10/2012 10:00 AM.. Signed by Judge Maria-Elena James on 3/29/2012. (cdnS, COURT STAFF) (Filed on 3/29/2012) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER

Set Deadlines/Hearings: Settlement Conference set for 7/10/2012 10:00 AM before Chief Magistrate Judge James. (ndr, COURT STAFF) (Filed on 4/5/2012)

April 5, 2012

April 5, 2012

PACER

Set Deadlines/Hearings

April 5, 2012

April 5, 2012

PACER
31

CLERKS NOTICE CONTINUING SETTLEMENT CONFERENCE. Settlement Conference set for 8/24/2012 10:00 AM., in chambers. (rmm2, COURT STAFF) (Filed on 7/6/2012) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
32

STIPULATION WITH PROPOSED ORDER TO CONTINUE SETTLEMENT CONFERENCE filed by Gregory J. Ahern, M. Alhf, Michael Bareno, County of Alameda, Zachary Litvinchuk, Ryan Madigan, Roberto Martinez, Fernando Rojas-Castaneda, Shawn Sobrero, Joshua Swetnam, Solomon Unubun, Alejandro Valverde, Joseph Harrison, et al. (Ly, Valerie) (Filed on 7/17/2012) Modified on 7/18/2012 (cpS, COURT STAFF). (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER
33

Order denying 32 Stipulation entered by Hon. Claudia Wilken. The requested dates are not available on Judge James's calendar. Any future such requests must be submitted to Judge James. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
34

CLERKS NOTICE CONTINUING SETTLEMENT CONFERENCE: Settlement Conference set for 11/20/2012 10:00 AM., IN CHAMBERS. (rmm2S, COURT STAFF) (Filed on 8/1/2012) (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

PACER
35

STIPULATION WITH PROPOSED ORDER TO AMEND CASE MANAGEMENT ORDER filed by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Altomare, Gina) (Filed on 8/30/2012) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER
36

ORDER by Judge Claudia Wilken Granting 35 Stipulation TO AMEND CASE MANAGEMENT ORDER. (ndr, COURT STAFF) (Filed on 9/4/2012) Modified on 9/5/2012 (kc, ). (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

RECAP
37

NOTICE by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr. OF UNAVAILABILITY OF COUNSEL (Sherwin, Julia) (Filed on 9/10/2012) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
38

MOTION for Leave to File Second Amended Complaint filed by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. Motion Hearing set for 10/18/2012 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 9/26/2012. Replies due by 10/3/2012. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion to File Second Amended Complaint)(Altomare, Gina) (Filed on 9/12/2012) Modified on 9/13/2012 (cpS, COURT STAFF). (Entered: 09/12/2012)

1 Proposed Order Granting Plaintiffs' Motion to File Second Amended Complaint

View on PACER

Sept. 12, 2012

Sept. 12, 2012

PACER
39

Declaration of Gina Altomare in Support of 38 MOTION for Leave to File Second Amended Complaint filed byJoseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Attachments: # 1 Exhibit A. Plaintiffs' Second Amended Complaint, # 2 Exhibit B. Deposition of Megan Hast, # 3 Exhibit C. Deposition of Maria Magat)(Related document(s) 38 ) (Altomare, Gina) (Filed on 9/12/2012) Modified on 9/13/2012 (cpS, COURT STAFF). (Entered: 09/12/2012)

1 Exhibit A. Plaintiffs' Second Amended Complaint

View on PACER

2 Exhibit B. Deposition of Megan Hast

View on RECAP

3 Exhibit C. Deposition of Maria Magat

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Sept. 12, 2012

Sept. 12, 2012

PACER

CLERKS NOTICE. Notice is hereby given that counsel must re-notice not re-file the 38 motion to amend/correct complaint to a Thursday that the Court is available. Hearing date of Thursday, October 18, 2012 is vacated. (This is a text only docket entry, there is no document associated with this notice.) (ndr, COURT STAFF) (Filed on 9/13/2012)

Sept. 13, 2012

Sept. 13, 2012

PACER

Clerk's Notice

Sept. 13, 2012

Sept. 13, 2012

PACER
40

Renotice motion hearing re 38 MOTION for Leave to File Second Amended Complaint filed byJoseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. Motion Hearing set for 10/25/2012 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. (Related document(s) 38 ) (Altomare, Gina) (Filed on 9/13/2012) (Entered: 09/13/2012)

Sept. 13, 2012

Sept. 13, 2012

PACER
41

RESPONSE (re 38 MOTION for Leave to File Second Amended Complaint ) filed byGregory J. Ahern, M. Alhf, Michael Bareno, County of Alameda, Zachary Litvinchuk, Ryan Madigan, Roberto Martinez, Fernando Rojas-Castaneda, Shawn Sobrero, Joshua Swetnam, Solomon Unubun, Alejandro Valverde. (Attachments: # 1 Declaration of Valerie Ly in Support of Opposition, # 2 Exhibit A-C to Declaration of Valerie Ly in Support of Opposition)(Ly, Valerie) (Filed on 9/26/2012) (Entered: 09/26/2012)

1 Declaration of Valerie Ly in Support of Opposition

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2 Exhibit A-C to Declaration of Valerie Ly in Support of Opposition

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Sept. 26, 2012

Sept. 26, 2012

PACER
42

REPLY (re 38 MOTION for Leave to File Second Amended Complaint ) filed byJoseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Attachments: # 1 Declaration Supplemental Declaration of Gina Altomare in Support of Plaintiffs' Motion to File Second Amended Complaint, # 2 Exhibit A to the Supplemental Declaration of Gina Altomare in Support of Plaintiffs' Motion to File Second Amended Complaint)(Altomare, Gina) (Filed on 10/3/2012) (Entered: 10/03/2012)

1 Declaration Supplemental Declaration of Gina Altomare in Support of Plaintiffs&#

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2 Exhibit A to the Supplemental Declaration of Gina Altomare in Support of Plainti

View on PACER

Oct. 3, 2012

Oct. 3, 2012

PACER

CLERKS NOTICE. Notice is hereby given that the Court, on its own motion, shall take the 38 motion for leave to file a second amended complaint under submission on the papers. The hearing previously scheduled for Thursday, October 25, 2012, is vacated. (This is a text only docket entry, there is no document associated with this notice.) (ndr, COURT STAFF) (Filed on 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER

Clerk's Notice

Oct. 22, 2012

Oct. 22, 2012

PACER
43

STIPULATION WITH PROPOSED ORDER TO CONTINUE SETTLEMENT CONFERENCE filed by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr., M.H., County of Alameda, et al. (Altomare, Gina) (Filed on 11/14/2012) Modified on 11/15/2012 (cpS, COURT STAFF). (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

PACER

Set/Reset Hearings

Nov. 14, 2012

Nov. 14, 2012

PACER
44

ORDER by Chief Magistrate Judge Maria-Elena James granting 43 Stipulation to Continue Settlement Conference. (rmm2S, COURT STAFF) (Filed on 11/14/2012) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

RECAP

Set/Reset Hearing re 44 Order on Stipulation Settlement Conference set for 2/27/2013 10:00 AM. (rmm2S, COURT STAFF) (Filed on 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

PACER
45

ORDER by Judge Claudia Wilken GRANTING PLAINTIFFS 38 MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT. (ndr, COURT STAFF) (Filed on 11/16/2012) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

RECAP
46

AMENDED COMPLAINT (Second) against All Defendants. Filed byKrystle Harrison, Martin Harrison, Jr., Tiffany Harrison, Joseph Harrison. (Altomare, Gina) (Filed on 11/19/2012) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

RECAP
47

Summons Issued as to Corizon Health Inc, Megan Hast, Harold Orr, Zelda Sancho. (jlm, COURT STAFF) (Filed on 11/28/2012) (Entered: 11/28/2012)

Nov. 28, 2012

Nov. 28, 2012

PACER
48

ANSWER to Amended Complaint ANSWER TO SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL byGregory J. Ahern, M. Alhf, Michael Bareno, County of Alameda, Megan Hast, Zachary Litvinchuk, Ryan Madigan, Roberto Martinez, Fernando Rojas-Castaneda, Shawn Sobrero, Joshua Swetnam, Solomon Unubun, Alejandro Valverde. (Andrada, J.) (Filed on 12/4/2012) (Entered: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

PACER
49

CERTIFICATE OF SERVICE by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr. ON DEFENDANTS HAST, CORIZON, ORR, AND SANCHO (Attachments: # 1 Certificate/Proof of Service Corizon Health, Inc., # 2 Certificate/Proof of Service Harold Orr, M.D., # 3 Certificate/Proof of Service Zelda Sancho, L.V.N.)(Altomare, Gina) (Filed on 12/5/2012) (Entered: 12/05/2012)

1 Certificate/Proof of Service Corizon Health, Inc.

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2 Certificate/Proof of Service Harold Orr, M.D.

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3 Certificate/Proof of Service Zelda Sancho, L.V.N.

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Dec. 5, 2012

Dec. 5, 2012

PACER
50

MOTION to Dismiss filed by Corizon Health Inc, Harold Orr. Motion Hearing set for 2/14/2013 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 1/2/2013. Replies due by 1/9/2013. (Attachments: # 1 Declaration OF MATTHEW M. GRIGG IN SUPPORT OF MOTION TO DISMISS)(Grigg, Matthew) (Filed on 12/18/2012) (Entered: 12/18/2012)

1 Declaration OF MATTHEW M. GRIGG IN SUPPORT OF MOTION TO DISMISS

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Dec. 18, 2012

Dec. 18, 2012

PACER
51

STIPULATION WITH PROPOSED ORDER to Continuing Hearing Date and Setting Briefing Schedule re 50 MOTION to Dismiss filed by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr., M.H., Harold Orr, Corizon Health Inc. (Attachments: # 1 Declaration of Michael J. Haddad in support)(Haddad, Michael) (Filed on 12/20/2012) Modified on 12/21/2012 (cpS, COURT STAFF). (Entered: 12/20/2012)

1 Declaration of Michael J. Haddad in support

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Dec. 20, 2012

Dec. 20, 2012

PACER
52

NOTICE by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr. of Unavailability of Counsel (Sherwin, Julia) (Filed on 12/20/2012) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
53

Order granting 51 Stipulation entered by Hon. Claudia Wilken. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER

Reset Deadlines/Hearing as to 50 MOTION to Dismiss : Responses due by 1/31/2013. Replies due by 2/14/2013. Motion Hearing set for 3/7/2013 02:00 PM before Hon. Claudia Wilken. See Docket No. 53. (ndr, COURT STAFF) (Filed on 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

PACER

Set Deadlines/Hearings

Dec. 28, 2012

Dec. 28, 2012

PACER
54

CLERKS NOTICE CONTINUING SETTLEMENT CONFERENCE: Settlement Conference set for 3/11/2013 02:00 PM. in Chambers. (rmm2S, COURT STAFF) (Filed on 1/3/2013) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
55

NOTICE by Gregory J. Ahern, M. Alhf, Michael Bareno, County of Alameda, Megan Hast, Zachary Litvinchuk, Ryan Madigan, Roberto Martinez, Fernando Rojas-Castaneda, Shawn Sobrero, Joshua Swetnam, Solomon Unubun, Alejandro Valverde NOTICE OF UNAVAILABILITY OF COUNSEL (Andrada, J.) (Filed on 1/23/2013) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

PACER
56

Transcript of Proceedings held on November 22, 2011, before Judge Wilken. Court Reporter/Transcriber Sarah Goekler, Telephone number (530)941-2621; sgoekler.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 4/23/2013. (slg, COURT STAFF) (Filed on 1/23/2013) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

PACER
57

STIPULATION WITH PROPOSED ORDER Requesting Setting of Case Management Conference filed by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr., M.H., County of Alameda, et al . (Guertin, Genevieve) (Filed on 1/24/2013) Modified on 1/25/2013 (cpS, COURT STAFF). (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

PACER

Set Deadlines/Hearings

Jan. 24, 2013

Jan. 24, 2013

PACER
58

ORDER by Judge Claudia Wilken Granting 57 Stipulation Requesting Setting of Case Management Conference. (ndr, COURT STAFF) (Filed on 1/24/2013) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

RECAP

Reset Deadlines/Hearings: Case Management Statement due by 2/28/2013. Case Management Conference set for 3/7/2013 02:00 PM. See 58 Order. (ndr, COURT STAFF) (Filed on 1/24/2013)

Jan. 24, 2013

Jan. 24, 2013

PACER
59

NOTICE of Appearance by Genevieve Kathryn Guertin (Guertin, Genevieve) (Filed on 1/30/2013) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

PACER
60

RESPONSE (re 50 MOTION to Dismiss ) filed byJoseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Altomare, Gina) (Filed on 1/31/2013) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
61

Plaintiff M.H.'s Joinder in Plaintiff's Joseph Harrison's, et al. Opposition to Defendant Dr. Orr and Corizon Health Inc.'s Motion to Dismiss by M.H.. (Nisenbaum, Benjamin) (Filed on 1/31/2013) Modified on 2/1/2013 (cpS, COURT STAFF). (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
62

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jon S. Tigar for all further proceedings. Judge Hon. Claudia Wilken no longer assigned to the case.. Signed by Judge Executive Committee on 2/11/2013. (cpS, COURT STAFF) (Filed on 2/12/2013) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

PACER
63

MOTION to Dismiss; Memorandum of Points & Authorities filed by Corizon Health Inc, Harold Orr, Zelda Sancho. Motion Hearing set for 4/11/2013 02:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Responses due by 3/7/2013. Replies due by 3/14/2013. (Grigg, Matthew) (Filed on 2/21/2013) (Entered: 02/21/2013)

Feb. 21, 2013

Feb. 21, 2013

PACER
64

STIPULATION WITH PROPOSED ORDER TO CONTINUE SETTLEMENT CONFERENCE filed by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Altomare, Gina) (Filed on 2/26/2013) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

PACER
65

JOINT CASE MANAGEMENT STATEMENT filed by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Altomare, Gina) (Filed on 2/27/2013) (Entered: 02/27/2013)

Feb. 27, 2013

Feb. 27, 2013

PACER
66

ORDER by Magistrate Judge Maria-Elena James granting 64 Stipulation to continue settlement conference. (rmm2S, COURT STAFF) (Filed on 2/28/2013) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

RECAP

Set/Reset Hearings

Feb. 28, 2013

Feb. 28, 2013

PACER

Set/Reset Hearing re 66 Order on Stipulation Settlement Conference set for 5/20/2013 02:00 PM, in chambers. (rmm2S, COURT STAFF) (Filed on 2/28/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
67

RESPONSE (re 63 MOTION to Dismiss ) filed byJoseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Altomare, Gina) (Filed on 3/7/2013) (Entered: 03/07/2013)

March 7, 2013

March 7, 2013

RECAP
68

REPLY (re 63 MOTION to Dismiss ) filed byCorizon Health Inc, Harold Orr, Zelda Sancho. (Grigg, Matthew) (Filed on 3/14/2013) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
69

Request for Judicial Notice re 68 Reply to Opposition/Response filed byCorizon Health Inc, Harold Orr, Zelda Sancho. (Related document(s) 68 ) (Grigg, Matthew) (Filed on 3/14/2013) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
70

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 4/24/2013. Initial Case Management Conference set for 5/1/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Standing Order, # 2 Standing Order for All Judges of the Northern District) (wsn, COURT STAFF) (Filed on 3/18/2013) (Entered: 03/18/2013)

1 Standing Order

View on PACER

2 Standing Order for All Judges of the Northern District

View on PACER

March 18, 2013

March 18, 2013

PACER
71

NOTICE by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr. of Unavailability of Plaintiffs' Counsel (Sherwin, Julia) (Filed on 3/19/2013) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER
72

STIPULATION WITH [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE filed by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Altomare, Gina) (Filed on 3/20/2013) (Entered: 03/20/2013)

March 20, 2013

March 20, 2013

PACER

Set Deadlines/Hearings

March 20, 2013

March 20, 2013

PACER
73

Order by Hon. Jon S. Tigar granting re 72 Stipulation to reset case management conference to May 15, 2013, at 2:00 p.m.. (jstlc1, COURT STAFF) (This is a text only entry.) (Filed on 3/20/2013) (Entered: 03/20/2013)

March 20, 2013

March 20, 2013

PACER

Set Deadlines/Hearings: Case Management Statement due by 5/8/2013. Initial Case Management Conference set for 5/15/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. (wsn, COURT STAFF) (Filed on 3/20/2013)

March 20, 2013

March 20, 2013

PACER
74

OBJECTIONS to re 68 Reply to Opposition/Response Containing New Evidence and Argument; Surreply in Support of Plaintiffs' Opposition to Motion to Dismiss by Defendants Harold Orr, M.D., Corizon Health, Inc., and Zelda Sancho, L.V.N. by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Altomare, Gina) (Filed on 3/21/2013) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
75

Minute Entry: Motion Hearing held on 4/11/2013 before Judge Jon S. Tigar (Date Filed: 4/11/2013) re 63 MOTION to Dismiss filed by Zelda Sancho, Harold Orr, Corizon Health Inc. (Court Reporter: Connie Kuhl.) (wsn, COURT STAFF) (Date Filed: 4/11/2013) (Entered: 04/11/2013)

April 11, 2013

April 11, 2013

PACER
76

ORDER REGARDING MOTION TO DISMISS by Judge Jon S. Tigar, denying re 50 Motion to Dismiss; denying re 63 Motion to Dismiss. (wsn, COURT STAFF) (Filed on 4/18/2013) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

RECAP
77

STIPULATION RE: PLAINTIFFS' DEPOSITIONS OF CORIZON DEFENDANTS, EMPLOYEES, AGENTS, AND PERSONS MOST KNOWLEDGEABLE filed by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Altomare, Gina) (Filed on 4/25/2013) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

PACER
78

STIPULATION WITH [PROPOSED] ORDER TO CONTINUE SETTLEMENT CONFERENCE filed by Joseph Harrison, Krystle Harrison, Tiffany Harrison, Martin Harrison, Jr.. (Altomare, Gina) (Filed on 5/3/2013) (Entered: 05/03/2013)

May 3, 2013

May 3, 2013

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 10, 2011

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs included several family members of the decedent.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of Alameda (Alameda), County

Corizon Health, Inc., Private Entity/Person

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 8,300,000

Order Duration: 2015 - 2019

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Reporting

Training

Issues

General:

Assault/abuse by staff

Conditions of confinement

Disciplinary procedures

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Personal injury

Type of Facility:

Government-run