1
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COMPLAINT against All Defendants by Lorenzo Mays, Ricky Lee Richardson, Jr, Leertese Beirge, Jennifer Bothun, Armani Lee, Cody Garland. Attorney Fischer, Aaron Joseph added. (Filing fee $ 400, receipt number 0972-7787776) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(Fischer, Aaron) (Entered: 07/31/2018)
1 Exhibit A
View on RECAP
2 Exhibit B
View on Clearinghouse
3 Exhibit C
View on Clearinghouse
4 Exhibit D
View on Clearinghouse
5 Exhibit E
View on Clearinghouse
6 Exhibit F
View on Clearinghouse
7 Civil Cover Sheet
View on RECAP
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July 31, 2018
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July 31, 2018
Clearinghouse
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2
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PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 9/4/2018 (Attachments: # 1 Order re Consent) (Becknal, R) (Entered: 07/31/2018)
1 Order re Consent
View on RECAP
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July 31, 2018
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July 31, 2018
RECAP
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3
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/9/2018 DIRECTING Clerk of Court to issue and send plaintiff one summons for defendant County of Sacramento and copies of the form "Consent to Proceed Before United States Magistrate Judge" with this order; ORDERING Plaintiffs to complete service of process on defendant within 60 days from the date of this order; ORDERING parties to file status reports, as detailed in this Order, on or before close of business on 11/29/2018; and SETTING Status Conference for 12/13/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Clerk of Court to change the short title of this case to Mays v. County of Sacramento. (Henshaw, R) (Entered: 08/10/2018)
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Aug. 10, 2018
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Aug. 10, 2018
RECAP
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4
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SUMMONS ISSUED as to *County of Sacramento* with answer to complaint due within *21* days. Attorney *Aaron Joseph Fischer* *Disability Rights California* *1330 Broadway, Suite 500* *Oakland, CA 94612*. (Henshaw, R) (Entered: 08/10/2018)
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Aug. 10, 2018
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Aug. 10, 2018
PACER
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5
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ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Kendall J. Newman on 8/10/2018. Consent or Decline due by 9/13/2018. (Henshaw, R) (Entered: 08/10/2018)
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Aug. 10, 2018
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Aug. 10, 2018
RECAP
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6
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MINUTE ORDER issued by Courtroom Deputy J. Fabillaran for Magistrate Judge Kendall J. Newman on 8/10/2018: On the Court's own motion, the filing deadline and Status Conference set forth in the previous 3 Order are hereby VACATED. The Status Conference is RESET for 12/06/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman and the parties are ORDERED to file status reports, as detailed in the previous 3 Order, on or before close of business on 11/27/2018. (TEXT ONLY ENTRY) (Fabillaran, J) (Entered: 08/10/2018)
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Aug. 10, 2018
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Aug. 10, 2018
PACER
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7
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SUMMONS RETURNED EXECUTED: All Defendants. (Fischer, Aaron) (Entered: 08/24/2018)
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Aug. 24, 2018
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Aug. 24, 2018
PACER
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8
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STIPULATION to EXTEND TIME for defendant County of Sacramento to file response to complaint by County of Sacramento. Attorney Master, Todd Holton added. (Master, Todd) (Entered: 09/04/2018)
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Sept. 4, 2018
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Sept. 4, 2018
PACER
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9
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/10/2018 GRANTING Defendant until 10/2/2018 to file its response to the complaint. (Henshaw, R) (Entered: 09/10/2018)
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Sept. 10, 2018
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Sept. 10, 2018
RECAP
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10
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NOTICE of APPEARANCE by Margot Knight Mendelson on behalf of Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Attorney Mendelson, Margot Knight added. (Mendelson, Margot) (Entered: 09/13/2018)
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Sept. 13, 2018
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Sept. 13, 2018
PACER
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11
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DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Fischer, Aaron) (Entered: 09/13/2018)
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Sept. 13, 2018
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Sept. 13, 2018
PACER
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12
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CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY) pursuant to 11 Decline of Jurisdiction of US Magistrate Judge, this case has been assigned to District Judge Troy L. Nunley and Magistrate Judge Kendall J. Newman. The new case number is: 2:18-cv-2081 TLN KJN (PC). (Henshaw, R) (Entered: 09/14/2018)
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Sept. 14, 2018
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Sept. 14, 2018
PACER
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13
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NOTICE of APPEARANCE by Jessica Valenzuela Santamaria on behalf of Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Attorney Santamaria, Jessica Valenzuela added. (Santamaria, Jessica) (Entered: 09/14/2018)
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Sept. 14, 2018
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Sept. 14, 2018
PACER
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14
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NOTICE of APPEARANCE by Kathlyn Anne Querubin on behalf of Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Attorney Querubin, Kathlyn Anne added. (Querubin, Kathlyn) (Entered: 09/14/2018)
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Sept. 14, 2018
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Sept. 14, 2018
PACER
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15
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NOTICE of RELATED CASE 2:18-cv-00044, 2:13-vs-02499 by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Mendelson, Margot) (Entered: 09/17/2018)
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Sept. 17, 2018
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Sept. 17, 2018
PACER
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16
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MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 9/17/2018: The Court is in receipt of Plaintiffs' Notice of Related Cases (ECF No. 15 ). Pursuant to Local Rule 123(b), Counsel shall promptly file the Notice of Related Cases in cases 2:18-cv-00044-JAM-KJN and 2:13-cv-2499-JAM-AC, and serve a copy on all parties. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 09/17/2018)
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Sept. 17, 2018
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Sept. 17, 2018
PACER
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17
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NOTICE of APPEARANCE by Addison Mills Litton on behalf of Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Attorney Litton, Addison Mills added. (Litton, Addison) (Entered: 09/19/2018)
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Sept. 19, 2018
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Sept. 19, 2018
PACER
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18
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NOTICE of APPEARANCE by Mark Anthony Zambarda on behalf of Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Attorney Zambarda, Mark Anthony added. (Zambarda, Mark) (Entered: 09/19/2018)
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Sept. 19, 2018
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Sept. 19, 2018
PACER
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19
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OPPOSITION by Defendant County of Sacramento to 15 Notice of Related Case. Attorney Ridley, Shawn M. added. (Attachments: # 1 Declaration of Ridley, # 2 Request for Judicial Notice)(Ridley, Shawn) (Entered: 09/21/2018)
1 Declaration
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2 Request for Judicial Notice
View on PACER
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Sept. 21, 2018
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Sept. 21, 2018
PACER
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20
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NOTICE of APPEARANCE by Anne Hadreas on behalf of Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Attorney Hadreas, Anne added. (Hadreas, Anne) (Entered: 09/21/2018)
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Sept. 21, 2018
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Sept. 21, 2018
PACER
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21
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NOTICE of APPEARANCE by Sophie Jedeikin Hart on behalf of Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Attorney Hart, Sophie Jedeikin added. (Hart, Sophie) (Entered: 09/25/2018)
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Sept. 25, 2018
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Sept. 25, 2018
PACER
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22
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ORDER OF NON-RELATED CASES signed by District Judge John A. Mendez on 9/27/2018 ACCORDINGLY Case 2:18-CV-2081 TLN KJN, shall not be reassigned to the undersigned judge. 15 (Reader, L)(Reader, L) (Entered: 09/27/2018)
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Sept. 27, 2018
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Sept. 27, 2018
RECAP
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23
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NOTICE of APPEARANCE by Tifanei Ressl-Moyer on behalf of Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Attorney Ressl-Moyer, Tifanei added. (Ressl-Moyer, Tifanei) (Entered: 09/27/2018)
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Sept. 27, 2018
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Sept. 27, 2018
PACER
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24
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ANSWER to the Complaint by County of Sacramento.(Master, Todd) (Entered: 10/02/2018)
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Oct. 2, 2018
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Oct. 2, 2018
PACER
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25
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NOTICE of APPEARANCE by Donald Specter on behalf of Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Attorney Specter, Donald added. (Specter, Donald) (Entered: 10/03/2018)
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Oct. 3, 2018
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Oct. 3, 2018
PACER
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26
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STIPULATION and PROPOSED ORDER for Protective Order by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Fischer, Aaron) (Entered: 10/10/2018)
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Oct. 10, 2018
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Oct. 10, 2018
PACER
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27
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PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/2018 ORDERING the parties Stipulated Protective order is APPROVED. (Reader, L) (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
RECAP
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28
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JOINT MOTION to CERTIFY CLASS by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Motion Hearing set for 11/15/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: # 1 Joint Stipulation of Facts, # 2 Proposed Order)(Fischer, Aaron) Modified on 10/19/2018 (Plummer, M). (Entered: 10/18/2018)
1 Joint Stipulation of Facts
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2 Proposed Order
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Oct. 18, 2018
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Oct. 18, 2018
PACER
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29
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DECLARATION of Lorenzo Mays in support of 28 Joint Motion to Certify Class. (Fischer, Aaron) Modified on 10/19/2018 (Plummer, M). (Entered: 10/18/2018)
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Oct. 18, 2018
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Oct. 18, 2018
PACER
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30
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DECLARATION of Ricky Richardson in support of 28 Joint Motion to Certify Class. (Fischer, Aaron) Modified on 10/19/2018 (Plummer, M). (Entered: 10/18/2018)
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Oct. 18, 2018
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Oct. 18, 2018
PACER
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31
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DECLARATION of Armani Lee in support of 28 Joint Motion to Certify Class. (Fischer, Aaron) Modified on 10/19/2018 (Plummer, M). (Entered: 10/18/2018)
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Oct. 18, 2018
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Oct. 18, 2018
PACER
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32
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DECLARATION of Jennifer Bothun in support of 28 Joint Motion to Certify Class. (Fischer, Aaron) Modified on 10/19/2018 (Plummer, M). (Entered: 10/18/2018)
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Oct. 18, 2018
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Oct. 18, 2018
PACER
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33
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DECLARATION of Leertese Beirge in support of 28 Joint Motion to Certify Class. (Fischer, Aaron) Modified on 10/19/2018 (Plummer, M). (Entered: 10/18/2018)
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Oct. 18, 2018
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Oct. 18, 2018
PACER
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34
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DECLARATION of Cody Garland in support of 28 Joint Motion to Certify Class. (Fischer, Aaron) Modified on 10/19/2018 (Plummer, M). (Entered: 10/18/2018)
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Oct. 18, 2018
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Oct. 18, 2018
PACER
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35
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DECLARATION of Aaron J. Fischer in support of 28 Joint Motion to Certify Class. (Attachments: # 1 Exhibit A)(Fischer, Aaron) Modified on 10/19/2018 (Plummer, M). (Entered: 10/18/2018)
1 Exhibit A
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Oct. 18, 2018
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Oct. 18, 2018
PACER
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36
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DECLARATION of Jessica Valenzuela Santamaria in support of 28 Joint 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, # 8 Exhibit H, # 9 Exhibit I)(Santamaria, Jessica) Modified on 10/19/2018 (Plummer, M). (Entered: 10/18/2018)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
4 Exhibit D
View on PACER
5 Exhibit E
View on PACER
6 Exhibit F
View on PACER
7 Exhibit G
View on PACER
8 Exhibit H
View on PACER
9 Exhibit I
View on PACER
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Oct. 18, 2018
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Oct. 18, 2018
PACER
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37
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DECLARATION of Tifanei Ressl-Moyer in support of 28 Joint 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-Expert Report of Eldon Vail, # 8 Exhibit H-Expert Report of Bruce Gage, MD, # 9 Exhibit I-Expert Report of Lindsay Hayes, # 10 Exhibit J-Expert Report of Sabot Consulting, # 11 Exhibit K-Expert Report of James Austin)(Ressl-Moyer, Tifanei) Modified on 10/19/2018 (Plummer, M). (Entered: 10/18/2018)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
4 Exhibit D
View on PACER
5 Exhibit E
View on PACER
6 Exhibit F
View on PACER
7 Exhibit G-Expert Report of Eldon Vail
View on RECAP
8 Exhibit H-Expert Report of Bruce Gage, MD
View on RECAP
9 Exhibit I-Expert Report of Lindsay Hayes
View on RECAP
10 Exhibit J-Expert Report of Sabot Consulting
View on RECAP
11 Exhibit K-Expert Report of James Austin
View on RECAP
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Oct. 18, 2018
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Oct. 18, 2018
PACER
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38
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MINUTE ORDER issued by Relief Courtroom Deputy G. Michel for District Judge Troy L. Nunley on 10/18/2018: Pursuant to Local Rule 302(c)(17), the parties' Joint Motion to Certify Class (ECF No. 28 ) shall be noticed before the assigned Magistrate Judge. Plaintiff shall contact the Clerk for Magistrate Judge Kendall J. Newman for available law and motion dates, and re-notice the motion before the Magistrate Judge with the proper time and date. Accordingly, the 11/15/2018 hearing before District Judge Troy L. Nunley is VACATED. [TEXT ONLY ENTRY](Michel, G.) (Entered: 10/18/2018)
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Oct. 18, 2018
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Oct. 18, 2018
PACER
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39
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DECLARATION of Donald Specter in support of 28 Joint Motion to Certify Class. (Specter, Donald) Modified on 10/19/2018 (Plummer, M). (Entered: 10/18/2018)
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Oct. 18, 2018
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Oct. 18, 2018
PACER
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40
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NOTICE to RESCHEDULE HEARING on 28 Joint Motion to Certify Class : Motion Hearing set for 11/29/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Fischer, Aaron) (Entered: 10/22/2018)
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Oct. 22, 2018
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Oct. 22, 2018
PACER
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41
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ORDER signed by Chief Judge Lawrence J. O'Neill on 10/26/18 ORDERING that U.S. Magistrate Judge Nathanael M. Cousins is DESIGNATED to hold court and perform any and all judicial duties designated under 28 U.S.C. § 636, subsections (a), (b), and (c), in the Eastern District of California, to act as a settlement judge in this action. (Kastilahn, A) (Entered: 10/26/2018)
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Oct. 26, 2018
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Oct. 26, 2018
RECAP
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42
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STATUS REPORT by County of Sacramento. (Master, Todd) (Entered: 11/27/2018)
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Nov. 27, 2018
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Nov. 27, 2018
PACER
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43
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STATUS REPORT by Plaintiffs. (Attachments: # 1 Declaration of Aaron J. Fischer)(Fischer, Aaron) (Entered: 11/27/2018)
1 Declaration of Aaron J. Fischer
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Nov. 27, 2018
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Nov. 27, 2018
PACER
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44
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MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: MOTION HEARING held on 11/29/2018. Counsel for parties present. The Court and counsel discussed the Joint Motion to Certify Class (ECF No. 28 ) and scheduling of the case. After hearing from parties and for reasons stated on the record, the Joint Motion was submitted. Order to issue. Plaintiffs' Counsel Aaron Fishcher, Jessica Santamaria, Margot Mendelson, Tifanei Ressl-Moyer, Mark Zambarda, Addison Litton, and Sophie Hart present. Defendant's Counsel Shawn Ridley present. Court Reporter: Jonathan Anderson (ECRO). (Waldrop, A) (Entered: 11/29/2018)
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Nov. 29, 2018
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Nov. 29, 2018
PACER
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45
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/30/18 ORDERING the 12/06/18 status conference is VACATED. Plaintiff's request to set a discovery conference deadline at this time is DENIED without prejudice. On 12/17/18, the parties shall file a joint status report as provided above. (Plummer, M) (Entered: 11/30/2018)
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Nov. 30, 2018
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Nov. 30, 2018
RECAP
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46
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/30/18 RECOMMENDING that the parties Joint Motion for Class Certification 28 be granted. The numerosity, commonality, typicality, and adequacy requirements of Rule 23(a) are satisfied. The requirements under both Rule 23(b)(1) and Rule 23(b)(2) are satisfied. The action should be certified as a class action as to all claims and defenses at issue in the Complaint pursuant to Rules 23(a), 23(b)(1), and 23(b)(2) of the Federal Rules of Civil Procedure. The undersigned recommends certification of the following classes: Plaintiff Class: All people who are now, or in the future will be, incarcerated in the Sacramento County jails. Plaintiff Subclass (the Disability Class): All qualified individuals with disabilities, as that term is defined in 42 U.S.C. § 12102, 29 U.S.C. § 705(9)(B), and California Government Code § 12926(j) and (m), who are, or will be in the future, incarcerated in the Sacramento County jails. Plaintiffs MAYS, RICHARDSON, BOTHUN, LEE, BEIRGE, and GARLAND be certified to serve as representatives of the Plaintiff Class and Disability Subclass. Plaintiffs MAYS, RICHARDSON, BOTHUN, LEE, BEIRGE, and GARLAND be certified to serve as representatives of the Plaintiff Class and Disability Subclass. Disability Rights California, the Prison Law Office, and Cooley LLP be appointed as class counsel to represent the interests of the Plaintiff Class and Disability Subclass. Fed. R. Civ. P. 23(c)(1)(B). Pursuant to Rule 23(c)(2)(A), the parties shall confer and, in their joint status report to be filed on December 17, 2018, shall address the status of their proposed notice to the Plaintiff Class and Disabilities Subclass, and the proposed method of distribution of such notice. Joint Motion to Certify Class 28 referred to Judge Troy L. Nunley. Objections to F&R due within 10 days. (Plummer, M) Modified on 12/3/2018 (Plummer, M). (Entered: 11/30/2018)
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Nov. 30, 2018
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Nov. 30, 2018
RECAP
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47
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JOINT STATUS REPORT by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Attachments: # 1 Proposed Order re Class Notice, # 2 Notice to Class (Proposed))(Fischer, Aaron) (Entered: 12/17/2018)
1 Proposed Order re Class Notice
View on PACER
2 Notice to Class (Proposed)
View on PACER
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Dec. 17, 2018
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Dec. 17, 2018
PACER
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48
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/19/18 SETTING Scheduling Conference for 1/17/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Coll, A) (Entered: 12/19/2018)
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Dec. 19, 2018
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Dec. 19, 2018
RECAP
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49
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ORDER ADOPTING 46 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 12/27/18 GRANTING 28 Motion to Certify Class. The following classes are certified: Plaintiff Class: All people who are now, or in the future will be, incarcerated in the Sacramento County jails. disabilities, as that term is defined in 42 U.S.C. § 12102, 29 U.S.C. § 705 (9) (B), and California Government Code § 12926(j) and (m), who are, or will be in the future, incarcerated in the Sacramento County jails. Plaintiffs Mays, Richardson, Bothun, Lee, Beirge and Garland are certified to serve as representatives of the Plaintiff Class and Disability Subclass. Disability Rights California, the Prison Law Office, and Cooley LLP are APPOINTED as class counsel to represent the interests of the Plaintiff Class and Disability Subclass. A proposed notice to the Plaintiff Class and Disabilities Subclass, and the proposed method of distribution of such notice, was appended to the parties' joint status report and is under review by the assigned magistrate judge. (Benson, A.) (Entered: 12/28/2018)
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Dec. 28, 2018
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Dec. 28, 2018
Clearinghouse
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50
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/2019 APPROVING the substance, form, and manner of 47 Class Notice, and finds that the proposed method of disseminating the Class Notice meets all due process and other legal requirements and is the best notice practicable under the circumstances; DIRECTING the County, within 30 days, to post the Class Notice in English and Spanish in all housing pods and units, and at all intake locations, insuch a manner as to make the Class Notice clearly visible to class members, and provide translation of the Class Notice into other languages upon request, and hand deliver an English and Spanish copy of the Class Notice to each person housed in the Jail facilities; ORDERING the County to provide all arriving prisoners an English and Spanish copy of the Class Notice as part of the Jails intake and orientation procedures during the pendency of this action or until further direction by the Court; ORDERING the County to provide assistance reviewing the Class Notice to individuals who are illiterate or have a disability that may affect their ability to read or understand the Class Notice; ORDERING the County to file and serve on Plaintiffs' counsel a declaration affirming that the Class Notice is distributed and will be distributed to arriving class members, consistent with this order; ORDERING the County to make a copy of 1 Complaint available upon request to individuals detained in all housing units at the Jail; and ORDERING Clerk of Court to separately file and docket as "Class Notice" the "Important Notice" filed as ECF No. 47-2. (Henshaw, R) (Entered: 01/07/2019)
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Jan. 7, 2019
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Jan. 7, 2019
RECAP
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51
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CLASS NOTICE (Henshaw, R) (Entered: 01/07/2019)
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Jan. 7, 2019
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Jan. 7, 2019
PACER
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52
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MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 1/14/2019: The parties shall file their joint discovery plan on or before close of business Tuesday, January 15, 2019. Fed. R. Civ. P. 26(f)(2). (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 01/14/2019)
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Jan. 14, 2019
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Jan. 14, 2019
PACER
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53
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JOINT SCHEDULING REPORT by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Fischer, Aaron) (Entered: 01/15/2019)
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Jan. 15, 2019
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Jan. 15, 2019
PACER
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54
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MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: STATUS (INITIAL SCHEDULING) CONFERENCE held on 1/17/2019. Counsel for parties present. The Court and counsel discussed scheduling of the case. The Court ORDERED a joint statement regarding status of case to be filed after parties further confer. Plaintiffs Counsel Aaron Fischer and Margot Mendelson present. Defendants Counsel Shawn Ridley and Todd Master present. Court Reporter: ECRO. (Waldrop, A) (Entered: 01/17/2019)
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Jan. 17, 2019
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Jan. 17, 2019
PACER
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55
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/18/2019 DECLINING to schedule the case at this time. Shortly after confirming a date for a further settlement conference, the parties shall file a brief joint statement with this court advising the case status, including the date for follow-up with Judge Cousins, and a proposed date thereafter for the parties to file a further joint statement regarding scheduling, and to set a further scheduling hearing. (Yin, K) (Entered: 01/18/2019)
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Jan. 18, 2019
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Jan. 18, 2019
RECAP
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56
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TRANSCRIPT REQUEST by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr for proceedings held on 01/17/2019 before Judge Kendall J. Newman. Court Reporter ECRO Jonathan Anderson. (Litton, Addison) (Entered: 01/18/2019)
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Jan. 18, 2019
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Jan. 18, 2019
PACER
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57
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REQUEST Permission to Exceed Page Limits by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Attachments: # 1 Proposed Order)(Mendelson, Margot) (Entered: 01/25/2019)
1 Proposed Order
View on PACER
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Jan. 25, 2019
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Jan. 25, 2019
PACER
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58
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/29/2019 GRANTING plaintiff's 57 request. Plaintiff's opening memorandum in support of their Motion for Partial Summary Judgment or in the Alternative Preliminary Injunction may be up to 35 pages in length; defendants' memorandum in opposition to the motion may be up to 35 pages in length; and plaintiffs' reply in support of the motion may be up to 15 pages in length. (Yin, K) (Entered: 01/29/2019)
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Jan. 29, 2019
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Jan. 29, 2019
RECAP
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59
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DECLARATION of Chief Deputy Jennifer Freeworth re 50 Order. (Master, Todd) (Entered: 02/06/2019)
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Feb. 6, 2019
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Feb. 6, 2019
PACER
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60
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JOINT STATUS REPORT by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Fischer, Aaron) (Entered: 02/11/2019)
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Feb. 11, 2019
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Feb. 11, 2019
PACER
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61
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TRANSCRIPT of Proceedings Initial status conference held on 1/17/19, before Magistrate Judge Kendall J. Newman, filed by Jennifer Coulthard, Phone number 312-617-9858 E-mail jenrmrcrr2@gmail.com. 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 3/4/2019. Redacted Transcript Deadline set for 3/14/2019. Release of Transcript Restriction set for 5/13/2019. (Dunn-Coulthard, J) (Entered: 02/11/2019)
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Feb. 11, 2019
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Feb. 11, 2019
PACER
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62
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[WITHDRAWN PER 82 ORDER] MOTION FOR SUMMARY JUDGMENT by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Motion Hearing set for 5/16/2019 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: # 1 Memo of Points and Authorities, # 2 Undisputed Facts, # 3 Proposed Order Granting Partial Summary Judgment, # 4 Proposed Order Granting Preliminary Injunction)(Mendelson, Margot) Modified on 6/12/2019 (Henshaw, R). (Entered: 02/12/2019)
1 Memo of Points and Authorities
View on RECAP
2 Undisputed Facts
View on PACER
3 Proposed Order Granting Partial Summary Judgment
View on PACER
4 Proposed Order Granting Preliminary Injunction
View on PACER
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Feb. 12, 2019
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Feb. 12, 2019
PACER
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63
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DECLARATION of Goldyn Cooper in re 62 Motion for Summary Judgment. (Mendelson, Margot) (Entered: 02/12/2019)
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Feb. 12, 2019
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Feb. 12, 2019
RECAP
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64
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DECLARATION of Jackie Burke in re 62 Motion for Summary Judgment. (Mendelson, Margot) (Entered: 02/12/2019)
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Feb. 12, 2019
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Feb. 12, 2019
RECAP
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65
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DECLARATION of James Holston in re 62 Motion for Summary Judgment. (Mendelson, Margot) (Entered: 02/12/2019)
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Feb. 12, 2019
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Feb. 12, 2019
RECAP
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66
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DECLARATION of James Nelson in re 62 Motion for Summary Judgment. (Mendelson, Margot) (Entered: 02/12/2019)
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Feb. 12, 2019
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Feb. 12, 2019
RECAP
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67
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DECLARATION of Joseph Brooks in re 62 Motion for Summary Judgment. (Mendelson, Margot) (Entered: 02/12/2019)
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Feb. 12, 2019
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Feb. 12, 2019
RECAP
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68
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DECLARATION of Frank Moppins in re 62 Motion for Summary Judgment. (Mendelson, Margot) (Entered: 02/12/2019)
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Feb. 12, 2019
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Feb. 12, 2019
RECAP
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69
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DECLARATION of Jonathan Rykert in re 62 Motion for Summary Judgment (Mendelson, Margot) (Entered: 02/12/2019)
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Feb. 12, 2019
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Feb. 12, 2019
RECAP
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70
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NOTICE of Request to Seal Document pursuant to L.R. 141 by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Attachments: # 1 Plaintiff's Request to File Under Seal)(Mendelson, Margot) Modified on 2/13/2019 (Henshaw, R). (Entered: 02/12/2019)
1 Proposed Order
View on PACER
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Feb. 12, 2019
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Feb. 12, 2019
RECAP
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71
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DECLARATION of Aaron J. Fischer in support of 62 Motion for Summary Judgment. (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, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Fischer, Aaron) (Entered: 02/12/2019)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
4 Exhibit D
View on PACER
5 Exhibit E
View on PACER
6 Exhibit F
View on PACER
7 Exhibit G
View on RECAP
8 Exhibit H
View on PACER
9 Exhibit I
View on PACER
10 Exhibit J
View on PACER
11 Exhibit K
View on PACER
12 Exhibit L
View on PACER
13 Exhibit M
View on PACER
14 Exhibit N
View on PACER
15 Exhibit O
View on RECAP
16 Exhibit P
View on RECAP
17 Exhibit Q
View on RECAP
18 Exhibit R
View on RECAP
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Feb. 12, 2019
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Feb. 12, 2019
RECAP
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72
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STIPULATION and PROPOSED ORDER for Briefing Schedule re 62 Motion for Summary Judgment by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Mendelson, Margot) (Entered: 02/12/2019)
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Feb. 12, 2019
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Feb. 12, 2019
PACER
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73
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REQUEST for 62 Motion for Summary Judgment to be Heard by District Judge by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Attachments: # 1 Proposed Order)(Mendelson, Margot) (Entered: 02/12/2019)
1 Proposed Order
View on PACER
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Feb. 12, 2019
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Feb. 12, 2019
PACER
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74
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 02/14/19 ORDERING defendants Opposition to Plaintiffs Motion for Partial Summary Judgment or in the Alternative Preliminary Injunction re Mental Health Care and Solitary Confinement shall be filed no later than March 29, 2019. Plaintiffs reply to Defendants Opposition shall be filed no later than April 19, 2019. Plaintiffs motion shall be heard on May 16, 2019, at 10:00 a.m., or as soon thereafter as the matter may be heard. (Plummer, M) Modified on 2/14/2019 (Plummer, M). (Entered: 02/14/2019)
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Feb. 14, 2019
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Feb. 14, 2019
RECAP
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75
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/14/19 ORDERING plaintiffs request to seal is GRANTED. The Clerk of Court shall file the documents listed above under seal.(Plummer, M) (Entered: 02/14/2019)
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Feb. 14, 2019
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Feb. 14, 2019
RECAP
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76
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JOINT STATUS REPORT by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Fischer, Aaron) (Entered: 03/07/2019)
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March 7, 2019
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March 7, 2019
RECAP
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77
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STIPULATION and PROPOSED ORDER for Briefing Schedule re 62 Motion for Summary Judgment by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Fischer, Aaron) (Entered: 03/07/2019)
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March 7, 2019
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March 7, 2019
PACER
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78
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/11/2019 MODIFYING 74 Briefing Schedule Order and ADOPTING 77 Stipulated Modification to Briefing Schedule Order. Defendant's Opposition to Motion for Partial Summary Judgment or in the Alternative Preliminary Injunction re Mental Health Care and Solitary Confinement shall be filed no later than 5/13/2019, Plaintiff's Reply to be filed no later than 6/3/2019, and Motion Hearing scheduled for 7/11/2019 at 10:00a.m., or as soon thereafter as the matter may be heard. (Henshaw, R) (Entered: 03/11/2019)
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March 11, 2019
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March 11, 2019
RECAP
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79
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STIPULATION and PROPOSED ORDER for stipulated briefing schedule for plaintiff's motion for partial summary judgment or in the alternative preliminary injunction regarding mental health care and solitary confinement by County of Sacramento. (Master, Todd) Modified on 5/8/2019 (Plummer, M). (Entered: 05/07/2019)
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May 7, 2019
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May 7, 2019
PACER
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80
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 5/8/2019 ORDERING that defendant's opposition to plaintiffs' 62 Motion for Summary Judgment shall be filed by 6/13/2019; Plaintiffs' reply shall be filed by 7/3/2019; Plaintiffs' motion shall be heard 8/1/2019 at 10:00 AM. (Zignago, K.) (Entered: 05/08/2019)
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May 8, 2019
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May 8, 2019
RECAP
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81
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NOTICE of SETTLEMENT and Joint Request to Vacate Briefing Schedule; Proposed Order by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Dispositional Docs due by 7/5/2019. (Mendelson, Margot) (Entered: 06/10/2019)
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June 10, 2019
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June 10, 2019
RECAP
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82
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/11/2019 WITHDRAWING 62 Partial Motion for Summary Judgment; VACATING 80 Briefing Schedule on 62 Partial Motion for Summary Judgment; and ORDERING parties to file the Motion for Preliminary Approval of the Settlement on or before 7/5/2019. (Henshaw, R) (Entered: 06/11/2019)
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June 11, 2019
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June 11, 2019
RECAP
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83
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DESIGNATION of COUNSEL FOR SERVICE by Plaintiffs. Attorney Kathlyn Anne Querubin terminated.(Santamaria, Jessica) Modified on 6/12/2019 (Yin, K). (Entered: 06/11/2019)
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June 11, 2019
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June 11, 2019
PACER
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84
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STIPULATION and PROPOSED ORDER for Preliminary Approval of Consent Decree and Notice to Class by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Attachments: # 1 Proposed Order)(Mendelson, Margot) (Entered: 06/20/2019)
1 Proposed Order
View on PACER
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June 20, 2019
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June 20, 2019
PACER
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85
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DECLARATION of Margot Mendelson re 84 Stipulation and Proposed Order,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Mendelson, Margot) (Entered: 06/20/2019)
1 Exhibit 1
View on Clearinghouse
2 Exhibit 2
View on PACER
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June 20, 2019
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June 20, 2019
PACER
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86
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/8/2019 RECOMMENDING granting approval for preliminary approval of consent decree and class notice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R) (Entered: 08/08/2019)
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Aug. 8, 2019
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Aug. 8, 2019
RECAP
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87
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JOINT STATEMENT of NON-OPPOSITION to 86 Findings and Recommendations. (Zambarda, Mark) Modified on 8/13/2019 (Yin, K). (Entered: 08/12/2019)
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Aug. 12, 2019
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Aug. 12, 2019
PACER
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88
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ORDER signed by District Judge Troy L. Nunley on 8/13/2019 ADOPTING 86 Findings and Recommendations in full and GRANTING approval for preliminary approval of consent decree and class notice. (Huang, H) (Entered: 08/13/2019)
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Aug. 13, 2019
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Aug. 13, 2019
Clearinghouse
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89
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STIPULATION and PROPOSED ORDER for Approval of Revised Class Notice by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mendelson, Margot) (Entered: 09/03/2019)
1 Exhibit A
View on PACER
2 Exhibit B
View on Clearinghouse
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Sept. 3, 2019
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Sept. 3, 2019
PACER
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90
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STIPULATION AND REVISED CLASS NOTICE AND ORDER signed by Magistrate Judge Kendall J. Newman on 9/4/19 ORDERING that the revised Notice, attached hereto as Exhibit A (ECF No. 89 -1), is approved in lieu of the Notice approved by the Court on 8/13/19 (Doc. No. 88), which was attached as Exhibit 2 to the Declaration of Margot Mendelson in Support of the Stipulated Motion for Preliminary Approval of Consent Decree and Notice to the Class (Doc. No. 85 ). Attached as Exhibit B (ECF No. 89 -2) is a redlined version of the previous Notice, which identifies the proposed edits for the Court's convenience. Comments by incarcerated people must be postmarked by October 11, 2019 and sent to the US District Court, Office of the Clerk. Clerk to file Comments in Case. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Becknal, R) Modified on 9/27/2019 (Donati, J). (Entered: 09/04/2019)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
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Sept. 4, 2019
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Sept. 4, 2019
Clearinghouse
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91
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DECLARATION of Lieutenant Alex McCamy re 88 Order Adopting Findings and Recommendations and 90 Order. (Master, Todd) (Entered: 09/06/2019)
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Sept. 6, 2019
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Sept. 6, 2019
RECAP
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92
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UNOPPOSED MOTION for ATTORNEY FEES by Leertese Beirge, Jennifer Bothun, Cody Garland, Armani Lee, Lorenzo Mays, Ricky Lee Richardson, Jr. Motion Hearing set for 12/5/2019 at 11:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: # 1 Proposed Order)(Fischer, Aaron) (Entered: 09/10/2019)
1 Proposed Order
View on PACER
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Sept. 10, 2019
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Sept. 10, 2019
PACER
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93
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DECLARATION of Aaron J. Fischer in support of 92 Unopposed Motion for Attorney Fees. (Fischer, Aaron) (Entered: 09/10/2019)
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Sept. 10, 2019
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Sept. 10, 2019
PACER
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94
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DECLARATION of Donald Specter in support of 92 Unopposed Motion for Attorney Fees. (Specter, Donald) (Entered: 09/10/2019)
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Sept. 10, 2019
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Sept. 10, 2019
PACER
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95
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DECLARATION of Jessica Valenzuela Santamaria in support of 92 Unopposed Motion for Attorney Fees. (Santamaria, Jessica) (Entered: 09/10/2019)
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Sept. 10, 2019
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Sept. 10, 2019
RECAP
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96
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NOTICE by Sammy Davis Morgan re: upcoming decision in this case. (Mena-Sanchez, L) (Entered: 09/19/2019)
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Sept. 16, 2019
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Sept. 16, 2019
RECAP
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97
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COMMENTS re fairness of settlement by Demetrius Davis. (Zignago, K.) (Entered: 10/02/2019)
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Sept. 26, 2019
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Sept. 26, 2019
PACER
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98
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COMMENTS re fairness of settlement by Steve Brown. (Mena-Sanchez, L) (Entered: 10/16/2019)
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Oct. 15, 2019
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Oct. 15, 2019
PACER
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99
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DESIGNATION of COUNSEL FOR SERVICE. Plaintiffs' Attorney Tifanei Ressl-Moyer terminated. (Fischer, Aaron) (Entered: 10/17/2019)
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Oct. 17, 2019
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Oct. 17, 2019
PACER
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100
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COMMENTS re fairness of settlement by Matthew Muller re 90 Order. (Kaminski, H) (Entered: 10/22/2019)
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Oct. 21, 2019
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Oct. 21, 2019
RECAP
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