Case: Gonzalez v. Ahern

3:19-cv-07423 | U.S. District Court for the Northern District of California

Filed Date: Nov. 11, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 11, 2019, prisoners at Santa Rita Jail in Dublin, California, filed this class-action lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued Alameda County, Alameda County Sheriff’s Office, the sheriff of Alameda County and assistant sheriff of Alameda County, Detention and Corrections Commander of Alameda County, Aramark Correctional Services, Commander in Charge of Santa Rita Jail, several guards at Santa Rita Jail, the California Forensic …

On November 11, 2019, prisoners at Santa Rita Jail in Dublin, California, filed this class-action lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued Alameda County, Alameda County Sheriff’s Office, the sheriff of Alameda County and assistant sheriff of Alameda County, Detention and Corrections Commander of Alameda County, Aramark Correctional Services, Commander in Charge of Santa Rita Jail, several guards at Santa Rita Jail, the California Forensic Medical Group (AKA Wellpath), and Aramark Correctional Services LLC. Two private Bay Area civil rights lawyers represented the plaintiffs. The plaintiffs claimed that defendants deprived plaintiffs of the rights to free speech and free association, to their right to the presumption of innocence, the right to be free from cruel and unusual punishment, and the right to protection and due process under the law, in violation of the First, Fourth, Fifth, Eighth, and Fourteenth Amendments. Plaintiffs sued under 42 U.S.C. §§ 1981, 1983, and 1988. Specifically, the plaintiffs alleged that Santa Rita’s unsanitary confinement conditions, wrongful denials of attorney visits, failure to provide medical care, and retaliation against inmates for speaking out and filing grievances violated these constitutional rights. In particular, this suit was filed less than one month after a sizable prisoners' strike on October 17, 2019, in Santa Rita Jail protesting these conditions. 

The plaintiffs alleged that Alameda County Sheriff’s Office, in conjunction with for-profit medical provider California Forensic Medical Group and for-profit food provider Aramark, had established inhumane living conditions at Santa Rita Jail. These conditions included presence of human waste and infestations of insects in the bathrooms; infestation of rat and bird droppings in food; lack of clean linens and toiletries; denial of outdoor recreational time; and grossly inadequate medical care. The plaintiffs also alleged that the defendants violated state regulations permitting regular visits and grievance procedures for prisoners. 

The plaintiffs sought class certification for all men incarcerated at Santa Rita Jail from November 12, 2017, through the present. The plaintiffs alleged that over 2,000 inmates were denied access to adequate food and conditions of confinement in violation of the Eighth and Fourteenth Amendment as well as violation of their First Amendment free speech and Fifth Amendment due process rights.

The plaintiffs sought injunctive, declaratory, compensatory, and punitive relief. Plaintiffs requested that the Court prohibit defendants from engaging in retaliatory or coercive conduct; interfering with legal communications, mail, visitation, or grievance processes; imposing 24-hour lockdowns without justification; and requiring inmate workers to perform tasks such as handling coroner’s laundry. They further asked the Court to order compliance with health and safety regulations, including adequate medical detox protocols, nutritional standards, sanitation programs, and sufficient out-of-cell and outdoor recreation time. Plaintiffs also sought an end to profiteering from communication services and commissary sales and requested access to confidential legal visits. Finally, they requested the issuance of injunctive relief to address broader unconstitutional practices, along with compensatory and punitive damages, attorneys’ fees, and any additional relief the Court deemed appropriate.

The case was assigned to Jacqueline Scott Corley, originally in her role as Magistrate Judge and later as District Court Judge.

The plaintiffs did not serve the defendants until after they filed an amended complaint on May 7, 2020. In light of the COVID-19 pandemic, the plaintiffs also filed on the same day a motion for a temporary restraining order to require the defendants to: require appropriate use of personal protective equipment; provide supplies required for cell sanitation; perform genuine and consistent housing unit sanitation; provident consistent supplies of soap and masks for incarcerated people; offer actual medical care for people infected with COVID-19; and provide accurate and prompt information to incarcerated people about their own medical condition.

The court heard oral argument on the motion for a TRO, then issued an opinion denying it on June 25, 2020. Magistrate Judge Corley found that the plaintiffs failed to demonstrate a likelihood of success on their claim that the defendants were deliberately indifferent to the risks of exposure to COVID-19 at Santa Rita Jail or deliberately indifferent with respect to medical care provided to those with COVID-19. The Jail provided a “comprehensive plan to respond to the pandemic” which was being monitored pursuant to a related case Babu v. Ahern. The plaintiffs’ lack of showing related to medical care may have been hampered by their lack of medical records, which the defendant agreed to supply. 2020 WL 3470089.

While the motion on the TRO was pending, three defendants (the County, Aramark, and Wellpath) filed separate motions to dismiss. On July 30, 2020, Magistrate Judge Corley granted the defendants’ motion to dismiss for failure to state a claim upon which relief can be granted. The court denied the motion to dismiss because plaintiffs failed to exhaust administrative remedies under the Prison Litigation Reform Act. The court generally gave the plaintiffs leave to amend their complaint (with the exception of Fifth Amendment claims since no federal actors were named) to identify which defendant was being sued for which particular condition and the specific policy or lack thereof that was being challenged. 2020 WL 4368211.

The plaintiffs amended their complaint again, and the County, joined by Wellpath, and Aramark submitted separate motions to dismiss. The court granted in part and denied in part on November 19, 2020, finding that the plaintiffs had largely failed to include specific allegations to support each alleged constitutional violation and clearly identify which allegations supported which constitutional claim. The court did find the pleading adequate with regard to three claims: an individual plaintiff’s First Amendment retaliation claim; inadequate and contaminated food claims; and inadequate sanitation conditions. 2020 WL 6802472.

While the motion to dismiss was pending, the plaintiffs filed a motion for preliminary injunction, requesting the court require defendants to, among other things: operate a sanitary kitchen; sanitize all dishes before reuse; and institute procedures to ensure that all food served is edible. Magistrate Judge Corley denied the motion on March 1, 2021 because the plaintiffs had failed to satisfy all elements of the deliberate indifference test. 2021 WL 783541.The plaintiffs appealed to the Ninth Circuit, which found the lower court had not abused its discretion in denying the preliminary injunction on March 30, 2022 (docket no. 21-15485). 2022 WL 964212.

The plaintiffs filed a fourth amended complaint and the same defendants filed motions to dismiss. On June 7, 2021, Magistrate Judge Corley found that the plaintiffs had cured their pleading defense with respect to their Monell claims by including factual allegations to support their allegation of a policy of financial incentives to reduce costs of medical care in deliberate indifference to prisoners’ serious medical needs. The court largely reiterated its rationale for granting and denying the motion to dismiss other claims since they were largely unchanged from the previous motion. The case proceeded to discovery on claims of inadequate and unsanitary food, inadequate medical care, inadequate sanitation, and First Amendment retaliation for one plaintiff. 2021 WL 2321839.

The plaintiffs filed a motion to certify a class on January 24, 2022. The court denied without prejudice on March 17, 2022 and directed the parties to set a new briefing scheduled for the plaintiff’s renewed motion for (b)(2) class certification.

The plaintiffs filed an emergency application for a temporary restraining order to preserve the food trays of a plaintiff on hunger strike. The court ordered that the trays be preserved on February 28, 2022. The parties continued to engage in contentious discovery and the plaintiffs alleged that the County interfered with their ability to access counsel and have confidential communications with counsel.

On April 6, 2022, Judge Corley granted the plaintiffs leave to file a fifth amended complaint to substitute the names of new plaintiffs for previously named plaintiffs who were no longer detained at Santa Rita Jail. In addition to substituting these plaintiffs, the amended complaint included additional defendants and claims. The defendants filed motions to dismiss for lack of standing and failure to state a claim. On November 7, 2022, the court granted the motion with regard to new claims and new defendants since the court had not granted the plaintiffs leave to make these amendments, but allowed the action to proceed based on previously approved claims and for nearly all the newly added plaintiffs. The 2022 WL 16744389.

The plaintiffs filed a renewed motion for class certification on December 8, 2022. On May 9, 2023, the court conditionally granted in part and denied in part the plaintiff’s motion for class certification. The court found procedural issues with their complaint, including erroneous inclusion of female incarcerated individuals and defining classes based on past injuries while seeking prospective relief. On a substantive level, the court found that plaintiffs’ medical care and inadequate food claims lacked sufficient commonality to constitute a class but did for the inadequate sanitation subclass. The court also conditioned plaintiffs’ attorney’s appointment as class counsel on her obtaining qualified co-counsel in light of the technical errors in plaintiffs’ motions before a conference of the parties on June 29, 2023 (on June 21, 2023, an additional attorney joined plaintiffs’ team). 2023 WL 3322579. After the plaintiffs followed the court’s requirements, the court certified a class of all male detainees who are now, or will in the future be, subjected to certain sanitation practices in Santa Rita Jail on August 31, 2023.

On July 26, 2023, defendants field an amended answer to plaintiff’s complaint, against plaintiffs’ objections, asserting qualified immunity and plaintiffs’ failure to state a claim. Defendants also incorporated additional affirmative defenses, including statute of limitations, laches, and failure to mitigate. 

Contentious discovery proceeded in the case. On October 12, 2023, defendants filed a motion seeking to dismiss one of the plaintiffs for failure to prosecute the case after he failed to appear at a deposition on October 5, 2023. The court granted and denied part defendants’ motion on November 7, 2023, dismissing the individual plaintiff’s claims and ordering him to pay a sanction of $300 for his failure to appear for his deposition. 

On April 8, 2024, the court stayed the case as to the plaintiffs’ claims against the County and Aramark. On May 16, 2024, Wellpath filed for summary judgement arguing that the plaintiffs did not have valid Monell claims. Such a claim requires the plaintiffs to demonstrate that the policy of a municipality or company reflects deliberate indifference to the constitutional rights of its inhabitants.

After that date, the parties engaged in settlement talks and a settlement conference was held with the court on May 21, 2024. The parties reached a settlement except for Wellpath which did not take part in the discussions. The details of the settlement are sealed.

On July 12, 2024, the court granted the Wellpath’s motion for summary judgment. The plaintiffs filed an appeal to the 9th Circuit Court of Appeals on August 2, 2024 (Case Number 24-4982).

As of February 2025, this case is ongoing.

Summary Authors

Dan Toubman (2/9/2020)

Robin Peterson (5/1/2023)

Hannah Juge (12/21/2023)

Related Cases

Mohrbacher v. Alameda County Sheriffs Office, Northern District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16455177/parties/gonzalez-v-ahern/


Judge(s)

Corley, Jacquelyn Scott (California)

Attorney for Plaintiff

Brody, Richard A. (California)

Cunningham, Dennis (California)

Attorney for Defendant

Belaga, Jonathan Jeremy (California)

Bertling, Peter G. (California)

show all people

Documents in the Clearinghouse

Document

3:19-cv-07423

Docket [PACER]

Dec. 16, 2019

Dec. 16, 2019

Docket
1

3:19-cv-07423

Complaint

Nov. 12, 2019

Nov. 12, 2019

Complaint
12

3:19-cv-07423

Ex Parte Application for Temporary Restraining Order and Request for Briefing Schedule for Preliminary Injunction

Gonzalez v. Alameda County Sheriff's Office,

May 7, 2020

May 7, 2020

Pleading / Motion / Brief
10

3:19-cv-07423

First Amended Complaint

May 7, 2020

May 7, 2020

Complaint
18

3:19-cv-07423

Notice of Motion and Motion to Dismiss Plaintiffs’ First Amended Complaint for Failure to State a Claim Upon Which Relief Can be Granted; Memorandum of Points and Authorities

May 29, 2020

May 29, 2020

Pleading / Motion / Brief
35

3:19-cv-07423

Defendant Aramark Correctional Services LLC’s Notice of Motion and Motion to Dismiss Plaintiffs’ First Amended Complaint; Memorandum of Points and Authorities

June 19, 2020

June 19, 2020

Pleading / Motion / Brief
41

3:19-cv-07423

Order Re: Plaintiffs’ Motion for a Temporary Restraining Order

June 25, 2020

June 25, 2020

Order/Opinion

2020 WL 3470089

49

3:19-cv-07423

Order Re: Defendants’ Motions to Dismiss

July 30, 2020

July 30, 2020

Order/Opinion

2020 WL 4368211

52

3:19-cv-07423

Notice of Motion and Motion to Dismiss Plaintiffs’ Second Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted; Memorandum of Points and Authorities

Alameda County Male Prisoners v. Alameda County Sheriff's Office

Sept. 14, 2020

Sept. 14, 2020

Pleading / Motion / Brief
51

3:19-cv-07423

Defendant Aramark Correctional Services LLC’S Notice of Motion and Motion to Dismiss Plaintiffs’ Second Amended Complaint; Memorandum of Points and Authorities

Gonzalez v. Alameda County Sheriff's Office

Sept. 14, 2020

Sept. 14, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16455177/gonzalez-v-ahern/

Last updated Aug. 5, 2025, 12:27 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Gregory J. Ahern, Alameda County Sheriff's Office, Aramark Correctional Services, LLC, California Forensic Medical Group, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein, Dennis Houghtelling, Thomas F. Madigan, Technician Kaiser (Filing fee $ 400, receipt number 0971-13878413). Filed by Martin Gallardo, Rocci Garrett, Lawrence J. Gerrans, Daniel Gonzalez, Michael Lucas, Sergio Morales-Servin . (Attachments: # 1 Civil Cover Sheet)(Huang, Yolanda) (Filed on 11/12/2019) Modified on 11/15/2019 (slhS, COURT STAFF). (Entered: 11/12/2019)

1 Civil Cover Sheet

View on RECAP

Nov. 12, 2019

Nov. 12, 2019

Clearinghouse

Electronic filing error. Judge will not be randomly assigned to cast due to Civil Cover Sheet indication of Nature of Suit selection as 440 (Civil Rights.) Nature of Suit Selection used at case opening is 555. If 555 is correct Nature of Suit selection, please file Amended Civil Cover Sheet selecting 555 and file Amended Civil Cover Sheet as a separate docket entry re 1.1 Complaint filed by Daniel Gonzalez (bwS, COURT STAFF) (Filed on 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
2

Proposed Summons. (Huang, Yolanda) (Filed on 11/12/2019) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER

Electronic filing error. Judge will not be randomly assigned to cast due to Civil Cover Sheet indication of Nature of Suit selection as 440 (Civil Rights.) Nature of Suit Selection used at case opening is 555. If 555 is correct Nature of Suit selection, please file Amended Civil Cover Sheet selecting 555 and file Amended Civil Cover Sheet as a separate docket entry re 1 . 1 Complaint filed by Daniel Gonzalez (bwS, COURT STAFF) (Filed on 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
5

Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/26/2019. (bwS, COURT STAFF) (Filed on 11/12/2019) (Entered: 11/14/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
3

AMENDED Civil Cover Sheet by Martin Lawrence Gallardo, Rocci Garrett, Lawrence J. Gerrans, Daniel Gonzalez, Sergio Morales-Servin, michael nathan lucas (Huang, Yolanda) (Filed on 11/13/2019) Modified on 11/14/2019 (bwS, COURT STAFF). (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
4

Notice of Additional Parties: the following parties are listed on 1 Complaint and have been added to this case: County of Alameda, Alameda County Sheriff's Office, Deputy Joe, Deputy Ignont and Technician Kaiser. (This is a text-only entry.) (Huang, Yolanda) (Filed on 11/13/2019) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER

Notice of Additional Parties

Nov. 14, 2019

Nov. 14, 2019

PACER

~Util - Case Assigned by Intake

Nov. 14, 2019

Nov. 14, 2019

PACER
6

Summons Issued as to Gregory J. Ahern, Alameda County Sheriff's Office, Aramark Correctional Services, LLC, California Forensic Medical Group, County of Alameda, Deputy Ignont, Derrick C. Hesselein, Thomas F. Madigan, Technician Kaiser. (slhS, COURT STAFF) (Filed on 11/15/2019) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
7

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 12/17/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 12/3/2019) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
8

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Martin Gallardo, Rocci Garrett, Lawrence J. Gerrans, Daniel Gonzalez, Michael Lucas, Sergio Morales-Servin.. (Huang, Yolanda) (Filed on 12/12/2019) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

RECAP
9

NOTICE of Change of Address by Yolanda Huang (Huang, Yolanda) (Filed on 12/16/2019) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
10

FIRST AMENDED COMPLAINT for Injunctive Relief First against All Defendants. Filed by Daniel Gonzalez. (Huang, Yolanda) (Filed on 5/7/2020) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

Clearinghouse
11

ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related Pursuant to Civil L.R. 7-11 to Case Mohrbacher v ACSO, 3:18-cv-00050-JD filed by Daniel Gonzalez, Michael Lucas, Sergio Morales-Servin. (Huang, Yolanda) (Filed on 5/7/2020) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
12

Ex Parte Application For Temporary Restraining Order and Request for Briefing Schedule for Preliminary Injunction filed by Martin Gallardo, Rocci Garrett, Lawrence J. Gerrans, Daniel Gonzalez, Michael Lucas. (Attachments: # 1 Proposed Order, # 2 Declaration Cedric Henry, # 3 Declaration Adam Nelson, # 4 Declaration Lamont Williams, # 5 Declaration Eric Wayne, # 6 Declaration Jose Alonzo Herrera, # 7 Declaration Leonard Wakefield, # 8 Declaration Ocie Johnson, # 9 Declaration Saul Espinoza, # 10 Declaration Darryl Geyer, # 11 Declaration Dwight Adams, # 12 Declaration Jimmie Jones, # 13 Declaration Maria Moore, # 14 Declaration Troy Powell, # 15 Declaration Yolanda Huang, # 16 Declaration Tikisha Upshaw, # 17 Declaration Angelo Valdez, # 18 Declaration Marla Armstrong, # 19 Declaration Tyronne Jones, # 20 Declaration Dr. Bourne, M.D.)(Huang, Yolanda) (Filed on 5/7/2020) (Entered: 05/07/2020)

1 Proposed Order

View on RECAP

2 Declaration Cedric Henry

View on PACER

3 Declaration Adam Nelson

View on PACER

4 Declaration Lamont Williams

View on PACER

5 Declaration Eric Wayne

View on PACER

6 Declaration Jose Alonzo Herrera

View on PACER

7 Declaration Leonard Wakefield

View on PACER

8 Declaration Ocie Johnson

View on PACER

9 Declaration Saul Espinoza

View on PACER

10 Declaration Darryl Geyer

View on PACER

11 Declaration Dwight Adams

View on PACER

12 Declaration Jimmie Jones

View on PACER

13 Declaration Maria Moore

View on PACER

14 Declaration Troy Powell

View on PACER

15 Declaration Yolanda Huang

View on PACER

16 Declaration Tikisha Upshaw

View on PACER

17 Declaration Angelo Valdez

View on PACER

18 Declaration Marla Armstrong

View on PACER

19 Declaration Tyronne Jones

View on PACER

20 Declaration Dr. Bourne, M.D.

View on PACER

May 7, 2020

May 7, 2020

Clearinghouse
13

CERTIFICATE OF SERVICE by Martin Gallardo, Rocci Garrett, Lawrence J. Gerrans, Daniel Gonzalez re 6 Summons Issued, 10 Amended Complaint, 11 MOTION to Relate Case to Mohrbacher v ACSO, 3:18-cv-00050-JD, 12 Ex Parte Application For Temporary Restraining Order, 8 Consent/Declination to Proceed Before a US Magistrate Judge Blank Form (Huang, Yolanda) (Filed on 5/12/2020) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

RECAP
14

CLERK'S NOTICE RE RELATED CASE ORDER (lrcS, COURT STAFF) (Filed on 5/15/2020) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

RECAP
15

CERTIFICATE OF SERVICE by Daniel Gonzalez re 6 Summons Issued, 10 Amended Complaint, 11 MOTION to Relate Case to Mohrbacher v ACSO, 3:18-cv-00050-JD, 12 Ex Parte Application For Temporary Restraining Order on Well-Path (Attachments: # 1 Certificate/Proof of Service Proof of Service on Aramark Correctional Services)(Huang, Yolanda) (Filed on 5/15/2020) (Entered: 05/15/2020)

1 Certificate/Proof of Service Proof of Service on Aramark Correctional Services

View on PACER

May 15, 2020

May 15, 2020

RECAP
16

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Aramark Correctional Services, LLC.. (Krieger, Lynn) (Filed on 5/21/2020) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

RECAP
17

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wellpath.. (Bertling, Peter) (Filed on 5/22/2020) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

RECAP
18

First NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; MEMORANDUM OF POINTS AND AUTHORITIES filed by Gregory J. Ahern, Alameda County Sheriff's Office, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein, Dennis Houghtelling, Thomas F. Madigan, Technician Kaiser. Motion Hearing set for 7/16/2020 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 7/10/2020. Replies due by 7/6/2020. (Attachments: # 1 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED FRCP 12(b)(6), # 2 Certificate/Proof of Service certificate of service)(Belaga, Jonathan) (Filed on 5/29/2020) (Entered: 05/29/2020)

1 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS MOTION TO DISMISS PLAINTIFFS

View on PACER

2 Certificate/Proof of Service certificate of service

View on PACER

May 29, 2020

May 29, 2020

Clearinghouse
19

CLERK'S NOTICE Re: Consent or Declination: Defendants Gregory J. Ahern, Alameda County Sheriff's Office, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein, Dennis Houghtelling, Thomas F. Madigan, and Technician Kaiser shall file a consent or declination to proceed before a magistrate judge by 6/2/2020. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 5/29/2020) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER

Pursuant to Civil L.R. 7-2: Set/Reset Deadlines as to 18 First MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; MEMORANDUM OF POINTS AND AUTHORITIES. Responses due by 6/12/2020. Replies due by 6/19/2020. (ahm, COURT STAFF) (Filed on 6/1/2020)

June 1, 2020

June 1, 2020

PACER
20

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs DWIGHT ADAMS, SAUL ESPINOSA, CEDRIC HENRY, OCIE LEE JOHNSON, TYRONNE ALEXANDER JONES, MATTHEW PIERCE, DIONTAY SHACKLEFORD, and ERIC WAYNE shall file a consent or declination to proceed before a magistrate judge by 6/3/2020. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 6/1/2020) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER

Set Motion and Deadlines/Hearings

June 1, 2020

June 1, 2020

PACER
21

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Martin Gallardo, Rocci Garrett, Lawrence J. Gerrans, Daniel Gonzalez, Michael Lucas, Sergio Morales-Servin.. (Huang, Yolanda) (Filed on 6/2/2020) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
22

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gregory J. Ahern, Alameda County Sheriff's Office, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein, Dennis Houghtelling, Thomas F. Madigan, Technician Kaiser.. (Attachments: # 1 Certificate/Proof of Service)(Belaga, Jonathan) (Filed on 6/4/2020) (Entered: 06/04/2020)

1 Certificate/Proof of Service

View on PACER

June 4, 2020

June 4, 2020

PACER
23

CLERK'S NOTICE SETTING BRIEFING SCHEDULE AND HEARING. Please take notice that the hearing on Plaintiffs' 12 Ex Parte Application For Temporary Restraining Order is set for 6/25/2020 by video conference at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley. Responses due by 6/12/2020. Replies due by 6/17/2020. The Court will issue a separate notice for the video conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 6/5/2020) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
24

SUA SPONTE REFERRAL FOR PURPOSE OF DETERMINING RELATIONSHIP. Signed by Magistrate Judge Jacqueline Scott Corley on 6/5/2020. (ahm, COURT STAFF) (Filed on 6/5/2020) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

June 5, 2020

June 5, 2020

PACER
25

RESPONSE to Court's Sua Sponte Referral for Purpose of Determining Relationship re 24 Order for Referral for Purposes of Determining Relationship filed by Martin Gallardo, Rocci Garrett, Lawrence J. Gerrans, Daniel Gonzalez, Michael Lucas, Sergio Morales-Servin. (Huang, Yolanda) (Filed on 6/7/2020) (Entered: 06/07/2020)

June 7, 2020

June 7, 2020

RECAP
26

ORDER AND NOTICE determining cases 5:18-cv-07677 NC and 3:19-7423 JSC are NOT administratively related entered by Judge Nathanael Cousins on 6/12/2020. (lmh, COURT STAFF) (Filed on 6/12/2020) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
27

OPPOSITION/RESPONSE to (re 18 First MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; MEMORANDUM OF POINTS AND AUTHORITIES) filed by Martin Gallardo, Rocci Garrett, Lawrence J. Gerrans, Daniel Gonzalez, Michael Lucas, Sergio Morales-Servin. (Huang, Yolanda) (Filed on 6/12/2020) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

RECAP
28

JOINT OPPOSITION/RESPONSE to (re 12 Ex Parte Application For Temporary Restraining Order ) filed by Gregory J. Ahern, Alameda County Sheriff's Office, Aramark Correctional Services, LLC, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein, Dennis Houghtelling, Thomas F. Madigan, Technician Kaiser, Wellpath. (Attachments: # 1 Declaration Declaration of Gregory Thomas, # 2 Declaration Declaration of Thomas Madigan, # 3 Declaration Declaration of Jen Diaz, # 4 Proposed Order Proposed Order Denying Ex Parte Application for Temporary Restraining Order, # 5 Certificate/Proof of Service Certificate of Service)(Belaga, Jonathan) (Filed on 6/12/2020) (Entered: 06/12/2020)

1 Declaration Declaration of Gregory Thomas

View on PACER

2 Declaration Declaration of Thomas Madigan

View on PACER

3 Declaration Declaration of Jen Diaz

View on PACER

4 Proposed Order Proposed Order Denying Ex Parte Application for Temporary Restrai

View on PACER

5 Certificate/Proof of Service Certificate of Service

View on PACER

June 12, 2020

June 12, 2020

PACER
29

REPLY (re 12 Ex Parte Application For Temporary Restraining Order ) filed byDaniel Gonzalez. (Huang, Yolanda) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
30

Declaration in Support of 12 Ex Parte Application For Temporary Restraining Order (Reply) filed byDaniel Gonzalez. (Attachments: # 1 Declaration Jason Carucci, # 2 Declaration Benjamin Chase, # 3 Declaration Jason Collins, # 4 Declaration Saul Espinoza, # 5 Declaration Marcus Felder, # 6 Declaration cedric Henry, # 7 Declaration Yolanda Huang, # 8 Declaration Robert Lewis, # 9 Declaration Robert Manning, # 10 Declaration Maria Moore, # 11 Declaration Troy Powell, # 12 Declaration Robert Redmond, # 13 Declaration Darrell Robinson, # 14 Declaration Tikisha Upshaw, # 15 Declaration Eric Wayne)(Related document(s) 12 ) (Huang, Yolanda) (Filed on 6/17/2020) (Entered: 06/17/2020)

1 Declaration Jason Carucci

View on RECAP

2 Declaration Benjamin Chase

View on PACER

3 Declaration Jason Collins

View on PACER

4 Declaration Saul Espinoza

View on PACER

5 Declaration Marcus Felder

View on PACER

6 Declaration cedric Henry

View on PACER

7 Declaration Yolanda Huang

View on PACER

8 Declaration Robert Lewis

View on PACER

9 Declaration Robert Manning

View on PACER

10 Declaration Maria Moore

View on PACER

11 Declaration Troy Powell

View on PACER

12 Declaration Robert Redmond

View on PACER

13 Declaration Darrell Robinson

View on PACER

14 Declaration Tikisha Upshaw

View on PACER

15 Declaration Eric Wayne

View on PACER

June 17, 2020

June 17, 2020

PACER
31

NOTICE OF MOTION AND MOTION to Dismiss the Second Claim for Relief in Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities filed by Wellpath. Motion Hearing set for 7/16/2020 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 7/2/2020. Replies due by 7/9/2020. (Attachments: #(1) Proposed Order)(Bertling, Peter) (Filed on 6/18/2020) (Entered: 06/18/2020)

1 Proposed Order

View on PACER

June 18, 2020

June 18, 2020

PACER
32

CLERK'S NOTICE CONTINUING MOTION HEARING. Please take notice that the hearing on Defendants' Motions to Dismiss (Dkt. Nos. 18 & 31 ) is continued to July 23, 2020 at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahmS, COURT STAFF) (Filed on 6/19/2020) Modified on 6/19/2020 (ahm, COURT STAFF). (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
33

CLERKS NOTICE SETTING ZOOM HEARING.The hearing on Plaintiffs' Motion for Temporary Restraining Order and Request for Briefing Schedule for Preliminary Injunction will be a Zoom video conferencing webinar. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1613661817?pwd=Z0tnSzBvKzJMN25SRFB3M1B6dFBadz09Meeting ID: 161 366 1817Password: 924619Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/For Z oom connection, see: https://apps.cand.uscourts.gov/telhrg/ (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 6/19/2020) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
34

REPLY (re 18 First MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; MEMORANDUM OF POINTS AND AUTHORITIES) filed by Gregory J. Ahern, Alameda County Sheriff's Office, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein, Dennis Houghtelling, Thomas F. Madigan, Technician Kaiser. (Attachments: # 1 Certificate/Proof of Service)(Belaga, Jonathan) (Filed on 6/19/2020) (Entered: 06/19/2020)

1 Certificate/Proof of Service

View on PACER

June 19, 2020

June 19, 2020

PACER
35

NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs First Amended Complaint; Memorandum of Points and Authorities filed by Aramark Correctional Services, LLC. Motion Hearing set for 7/30/2020 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 7/6/2020. Replies due by 7/13/2020. (Attachments: # 1 Proposed Order)(Krieger, Lynn) (Filed on 6/19/2020) (Entered: 06/19/2020)

1 Proposed Order

View on PACER

June 19, 2020

June 19, 2020

Clearinghouse
36

Joinder in re 31 MOTION to Dismiss the Second Claim for Relief in Plaintiffs' FAC filed by Gregory J. Ahern, Alameda County Sheriff's Office, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein, Dennis Houghtelling, Thomas F. Madigan, Technician Kaiser. (Attachments: # 1 Certificate/Proof of Service)(Belaga, Jonathan) (Filed on 6/19/2020) (Entered: 06/19/2020)

1 Certificate/Proof of Service

View on PACER

June 19, 2020

June 19, 2020

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

June 19, 2020

June 19, 2020

PACER

~Util - Teleconference Zoom AND Clerk's Notice Setting Zoom Hearing

June 19, 2020

June 19, 2020

PACER
37

CLERK'S NOTICE CONTINUING MOTION HEARING. Please take notice the hearing on the pending motions to dismiss (Dkt. Nos. 18 & 31 ) currently set for July 23, 2020 is continued to July 30, 2020 at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley. The briefing schedule shall remain the same. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 6/22/2020) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

June 22, 2020

June 22, 2020

PACER

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

June 22, 2020

June 22, 2020

PACER
38

Supplemental Declaration of Yolanda Huang Updating the Covid-19 Condition at Santa Rita Jail re 30 Declaration in Support, re 29 Reply to Opposition/Response filed by Daniel Gonzalez. (Related document(s) 30, 29 ) (Huang, Yolanda) (Filed on 6/24/2020) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
39

OBJECTIONS to Plaintiffs' Reply Evidence in Support of their Exparte Application for a Temporary Restraining Order re 38 Declaration in Support, 28 Opposition/Response to Motion, re 30 Declaration in Support, re 29 Reply to Opposition/Response filed by Gregory J. Ahern, Alameda County Sheriff's Office, Aramark Correctional Services, LLC, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein, Dennis Houghtelling, Thomas F. Madigan, Technician Kaiser, Wellpath. (Belaga, Jonathan) (Filed on 6/24/2020) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
40

Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Motion Hearing held and recorded by Zoom Webinar on 6/25/2020 re 12 Ex Parte Application for Temporary Restraining Order filed by Lawrence J. Gerrans, Michael Lucas, Rocci Garrett, Daniel Gonzalez, and Martin Gallardo. The Court heard arguments and will issue an order. (Court Reporter: JoAnn Bryce)(Time 00:25)Attorneys for Plaintiffs: Yolanda Huang & Dennis CunninghamAttorney for County Defendants: Jonathan Belaga Attorney for Defendant Aramark Correctional Services, LLC: Lynn Krieger Attorney for Defendant Wellpath: Peter G. Bertling (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 6/25/2020) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
41

ORDER by Magistrate Judge Jacqueline Scott Corley denying 12 Ex Parte Application for Temporary Restraining Order. (ahm, COURT STAFF) (Filed on 6/25/2020) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

Clearinghouse

Motion Hearing

June 25, 2020

June 25, 2020

PACER
42

TRANSCRIPT ORDER before Magistrate Judge Jacqueline Scott Corley by Daniel Gonzalez, for Court Reporter Jo Ann Bryce. (Huang, Yolanda) (Filed on 6/26/2020) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
43

Transcript of Proceedings held on 6/25/20, before Judge Jacqueline Scott Corley. Court Reporter Jo Ann Bryce, telephone number 510-910-5888, email: joann_bryce@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction after 90 days. 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. (Re 42 Transcript Order ) Release of Transcript Restriction set for 9/28/2020. (Related documents(s) 42 ) (jabS, COURTSTAFF) (Filed on 6/29/2020) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
44

OPPOSITION/RESPONSE to (re 31 MOTION to Dismiss the Second Claim for Relief in Plaintiffs' FAC ) filed by Daniel Gonzalez. (Huang, Yolanda) (Filed on 7/2/2020) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
45

OPPOSITION/RESPONSE (re 35 MOTION to Dismiss Plaintiffs First Amended Complaint ) filed byDaniel Gonzalez. (Huang, Yolanda) (Filed on 7/6/2020) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
46

REPLY in Support (re 35 MOTION to Dismiss Plaintiffs First Amended Complaint) filed by Aramark Correctional Services, LLC. (Krieger, Lynn) (Filed on 7/13/2020) Modified on 7/14/2020 (slhS, COURT STAFF). (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
47

CLERKS NOTICE SETTING ZOOM HEARING. The hearing on Defendants' Motions to Dismiss set for 7/30/2020 at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley will be a Zoom video conferencing webinar . For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/ PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1613661817?pwd=Z0tnSzBvKzJMN25SRFB3M1B6dFBadz09 Meeting ID: 161 366 1817 Password: 924619 Dial by your location +1 929 205 6099 US (New York) +1 253 215 8782 US +1 301 715 8592 US +1 312 626 6799 US (Chicago) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) Find your local number: https://zoom.us/u/ac4JkPfcjo For important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 7/24/2020) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

July 25, 2020

July 25, 2020

PACER
48

CLERK'S NOTICE VACATING MOTION HEARING. Please take notice the hearing on Defendants' Motions to Dismiss (Dkt. Nos. 18, 31, and 35 ) scheduled for July 30, 2020 before Magistrate Judge Jacqueline Scott Corley is hereby submitted without hearing and without appearance by counsel pursuant to Civil Local Rule 7-1(b). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 7/29/2020) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER

Clerk's Notice

July 29, 2020

July 29, 2020

PACER
49

ORDER by Magistrate Judge Jacqueline Scott Corley granting in part and denying in part 31 Motion to Dismiss; granting in part and denying in part 35 Motion to Dismiss; granting in part and denying in part 18 Motion to Dismiss. Second Amended Complaint due by 8/31/2020. (ahm, COURT STAFF) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

Clearinghouse
50

SECOND AMENDED COMPLAINT for INJUNCTIVE RELIEF, DECLARATORY RELIEF AND DAMAGES FOR VIOLATION OF CIVIL RIGHTS and OTHER WRONGS; JURY TRIAL DEMANDED against All Defendants. Filed by Daniel Torres, Artemio Gonzalez, Cedric Henry, Troy Powell. (Huang, Yolanda) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
51

NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint; Memorandum of Points and Authorities filed by Aramark Correctional Services, LLC. Motion Hearing set for 10/22/2020 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 9/28/2020. Replies due by 10/5/2020. (Attachments: #(1) [Proposed] Order)(Krieger, Lynn) (Filed on 9/14/2020) (Entered: 09/14/2020)

1 Proposed Order

View on PACER

Sept. 14, 2020

Sept. 14, 2020

Clearinghouse
52

First NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS' SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; MEMORANDUM OF POINTS AND AUTHORITIES filed by Gregory J. Ahern, Alameda County Sheriff's Office, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein, Thomas F. Madigan. Motion Hearing set for 10/22/2020 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 10/8/2020. Replies due by 10/15/2020. (Attachments: # 1 poposed order, # 2 cert, of service)(Belaga, Jonathan) (Filed on 9/14/2020) (Entered: 09/14/2020)

1 poposed order

View on PACER

2 cert, of service

View on PACER

Sept. 14, 2020

Sept. 14, 2020

Clearinghouse
53

CLERK'S NOTICE RE: 195 in 5:18-cv-07677 NC, Second Motion to Relate Case 3:19-cv-07423 JSC in Light of the Amended Complaints filed by Daniel Gonzalez. The court has reviewed the motion and determined that no cases are related and no reassignments shall occur. (lmh, COURT STAFF) (Filed on 9/17/2020) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
54

Request for Entry of Default as to Defendant Wellpath Management Inc for Failure to Respond re 50 Amended Complaint filed by Daniel Gonzalez. (Huang, Yolanda) (Filed on 9/18/2020) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
55

Declaration of Yolanda Huang in Support of re 54 Request for Entry of Default as to Defendant Wellpath Management, Inc. filed by Daniel Gonzalez. (Huang, Yolanda) (Filed on 9/18/2020) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
56

Notice of Joinder to re 52 First MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; MEMORANDUM OF POINTS AND AUTHORITIES filed by Well-Path Management, Inc. ("Wellpath"). (Bertling, Peter) (Filed on 9/18/2020) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
57

Clerk's DECLINATION OF DEFAULT against Defendant Well-Path Management, Inc. ("Wellpath") - (Reason: Defendant filed notice of joinder to responsive pleading) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) 54 )(tnS, COURT STAFF) (Filed on 9/22/2020) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER

Clerk's Declination of Default

Sept. 23, 2020

Sept. 23, 2020

PACER
58

REPLY (re 51 MOTION to Dismiss Plaintiffs Second Amended Complaint) - REPLY IN SUPPORT OF DEFENDANT ARAMARK CORRECTIONAL SERVICES LLCS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT filed by Aramark Correctional Services, LLC. (Krieger, Lynn) (Filed on 10/5/2020) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
59

REPLY (re 52 MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; MEMORANDUM OF POINTS AND AUTHORITIES ) filed by Gregory J. Ahern, Alameda County Sheriff's Office, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein, Dennis Houghtelling, Thomas F. Madigan. (Attachments: # 1 Certificate/Proof of Service)(Belaga, Jonathan) (Filed on 10/5/2020) (Entered: 10/05/2020)

1 Certificate/Proof of Service

View on PACER

Oct. 5, 2020

Oct. 5, 2020

PACER
60

OPPOSITION/RESPONSE to (re 51 MOTION to Dismiss Plaintiffs Second Amended Complaint) filed by Daniel Gonzalez. (Huang, Yolanda) (Filed on 10/5/2020) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
61

OPPOSITION/RESPONSE to (re 51 MOTION to Dismiss Plaintiffs Second Amended Complaint, re 52 MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; MEMORANDUM OF POINTS AND AUTHORITIES) - RESPONSE TO REPLIES FOR DISSMISAL BY DEFENDANT ARAMARK AND DEFENDANTS "COUNTY"; REQUEST FOR LEAVE FOR LATE FILING filed by Daniel Gonzalez. (Huang, Yolanda) (Filed on 10/5/2020) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
62

MOTION for leave to appear in Pro Hac Vice of Emily S. Kimmelman, Esq., (Filing Fee: $310.00, receipt number 0971-15027499) filed by Aramark Correctional Services, LLC. (Attachments: #(1) Certificate of Good Standing)(Kimmelman, Emily) (Filed on 10/6/2020) (Entered: 10/06/2020)

1 Certificate of Good Standing

View on PACER

Oct. 6, 2020

Oct. 6, 2020

PACER
63

ORDER RE: DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT. Signed by Magistrate Judge Jacqueline Scott Corley on 10/6/2020. (ahm, COURT STAFF) (Filed on 10/6/2020) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER

Set/Reset Deadlines as to 51 MOTION to Dismiss Plaintiffs Second Amended Complaint. Responses due by 10/14/2020. Replies due by 10/21/2020. Motion Hearing reset for 11/5/2020 at 9:00 a.m. by video conference before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 10/6/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER

Set/Reset Deadlines as to 52 First MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; MEMORANDUM OF POINTS AND AUTHORITIES. Responses due by 10/8/2020. Replies due by 10/15/2020. Motion Hearing reset for 11/5/2020 at 9:00 a.m. by video conference before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 10/6/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
64

ORDER by Magistrate Judge Jacqueline Scott Corley granting 62 Motion for Pro Hac Vice as to Emily S. Kimmelman. (ahm, COURT STAFF) (Filed on 10/6/2020) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER

Set Motion and Deadlines/Hearings

Oct. 6, 2020

Oct. 6, 2020

PACER
65

OPPOSITION/RESPONSE to (re 52 First MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; MEMORANDUM OF POINTS AND AUTHORITIES ) filed by Daniel Gonzalez. (Huang, Yolanda) (Filed on 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
66

REPLY (re 51 MOTION to Dismiss Plaintiffs Second Amended Complaint) - REPLY IN SUPPORT OF DEFENDANT ARAMARK CORRECTIONAL SERVICES LLCS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT filed by Aramark Correctional Services, LLC. (Krieger, Lynn) (Filed on 10/14/2020) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
67

REPLY (re 52 First MOTION to Dismiss PLAINTIFFS SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; MEMORANDUM OF POINTS AND AUTHORITIES ) filed byGregory J. Ahern, Alameda County Sheriff's Office, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein, Dennis Houghtelling, Thomas F. Madigan. (Attachments: # 1 Certificate/Proof of Service)(Belaga, Jonathan) (Filed on 10/15/2020) (Entered: 10/15/2020)

1 Certificate/Proof of Service

View on PACER

Oct. 15, 2020

Oct. 15, 2020

PACER
68

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Captain Luckett-Fahima.. (Attachments: # 1 Certificate/Proof of Service)(Belaga, Jonathan) (Filed on 10/23/2020) (Entered: 10/23/2020)

1 Certificate/Proof of Service

View on PACER

Oct. 23, 2020

Oct. 23, 2020

PACER
69

CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 11/5/2020 at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jsc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 10/30/2020) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

Oct. 30, 2020

Oct. 30, 2020

PACER
70

CLERK'S NOTICE VACATING MOTION HEARING. The hearing on the pending motions to dismiss scheduled for November 5, 2020 at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley is hereby submitted without hearing and without appearance by counsel pursuant to Civil Local Rule 7-1(b). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 11/3/2020) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER

Clerk's Notice

Nov. 3, 2020

Nov. 3, 2020

PACER
71

NOTICE OF MOTION AND MOTION for Preliminary Injunction filed by Daniel Gonzalez, Cedric Henry. Motion Hearing set for 12/31/2020 09:30 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 12/1/2020. Replies due by 12/8/2020. (Attachments: # 1 Supplement Memorandum of Points and Authorities, # 2 Declaration Lee Anderson, # 3 Declaration Josefina Barajas, # 4 Declaration Marcus Felder, # 5 Declaration Yolanda Huang, # 6 Declaration David Mellion, # 7 Declaration David Misch, # 8 Declaration Kajuan Paschal, # 9 Declaration Ebony Reeves, # 10 Declaration Eric Rivera, # 11 Declaration Lina Garcia Schmidt, # 12 Declaration Diontay Shackleford, # 13 Declaration Domonique Swain aka Astrid Taylor, # 14 Declaration Jennza Swart, # 15 Declaration Tikisha Upshaw, # 16 Declaration Miguel Vargas, # 17 Declaration Zamora)(Huang, Yolanda) (Filed on 11/17/2020) (Entered: 11/17/2020)

1 Supplement Memorandum of Points and Authorities

View on PACER

2 Declaration Lee Anderson

View on PACER

3 Declaration Josefina Barajas

View on PACER

4 Declaration Marcus Felder

View on PACER

5 Declaration Yolanda Huang

View on PACER

6 Declaration David Mellion

View on PACER

7 Declaration David Misch

View on RECAP

8 Declaration Kajuan Paschal

View on PACER

9 Declaration Ebony Reeves

View on PACER

10 Declaration Eric Rivera

View on PACER

11 Declaration Lina Garcia Schmidt

View on PACER

12 Declaration Diontay Shackleford

View on PACER

13 Declaration Domonique Swain aka Astrid Taylor

View on PACER

14 Declaration Jennza Swart

View on PACER

15 Declaration Tikisha Upshaw

View on PACER

16 Declaration Miguel Vargas

View on PACER

17 Declaration Zamora

View on PACER

Nov. 17, 2020

Nov. 17, 2020

Clearinghouse
72

CLERK'S NOTICE CONTINUING MOTION HEARING. The hearing on Plaintiffs' 71 First Motion for Preliminary Injunction set for 12/31/2020 is continued to 1/14/2021 at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley. The briefing schedule shall remain the same. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 11/17/2020) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

Nov. 17, 2020

Nov. 17, 2020

PACER
73

ORDER by Magistrate Judge Jacqueline Scott Corley granting in part and denying in part 51 Motion to Dismiss; granting in part and denying in part 52 Motion to Dismiss. Third amended complaint due by 12/10/2020. (ahm, COURT STAFF) (Filed on 11/19/2020) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

Clearinghouse
74

STIPULATION AND [PROPOSED] ORDER re 71 First MOTION for Preliminary Injunction filed by Alameda County Sheriff's Office, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein. (Attachments: # 1 Certificate/Proof of Service)(Belaga, Jonathan) (Filed on 11/24/2020) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
75

ORDER by Magistrate Judge Jacqueline Scott Corley granting 74 Stipulation regarding deadlines. (ahm, COURT STAFF) (Filed on 11/24/2020) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER

Set/Reset Deadlines as to 71 First MOTION for Preliminary Injunction . Responses due by 12/15/2020. Replies due by 12/22/2020. Third amended complaint due by 12/29/2020. (ahm, COURT STAFF) (Filed on 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER

Set Motion and Deadlines/Hearings

Nov. 25, 2020

Nov. 25, 2020

PACER
76

MOHRBACHER PLAINTIFFS' MOTION TO CONSOLIDATE THIS CASE (ALAMEDA COUNTY MALE PRISONERS) WITH MOHRBACHER - Motion to Consolidate by plaintiffs in Mohrbacher et al v. Alameda County Sheriff's Office 3:8-00050 JD filed by Daniel Gonzalez (Huang, Yolanda) (Filed on 12/1/2020) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
77

STIPULATION AND [PROPOSED] ORDER re 71 First MOTION for Preliminary Injunction filed by Alameda County Sheriff's Office, County of Alameda, Deputy Ignont, Deputy Joe, Derrick C. Hesselein. (Attachments: # 1 Certificate/Proof of Service)(Belaga, Jonathan) (Filed on 12/14/2020) (Entered: 12/14/2020)

1 Certificate/Proof of Service

View on PACER

Dec. 14, 2020

Dec. 14, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 11, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Male prisoners in Santa Rita Jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alameda County Sheriff's Office (Alameda), County

California Forensic Medical Group, Private Entity/Person

Aramark Correctional Facility, Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Constitutional Clause(s):

Due Process

Freedom of speech/association

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Access to lawyers or judicial system

Bathing and hygiene

Conditions of confinement

Disciplinary procedures

Food service / nutrition / hydration

Incident/accident reporting & investigations

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Medical/Mental Health Care:

Medical care, general

Policing:

Excessive force

Inadequate citizen complaint investigations and procedures