Norbert v. San Francisco County Sheriff's Department

Norbert v. City and County of San Francisco

U. S. Court of Appeals for the Ninth Circuit

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES: (1) Cruel and Unusual Denial of Outdoor Recreation: Violations of 8th and 14th amendments of U.S. Constitution and Article I, Sections 7 and 17 of the California Constitution, 15 CCR 1065; (2) Cruel and Unusual Imposition of Confinement and Denial of Out of Cell Time: Violations of 8th and 14th amendments of U.S. Constitution and Article I, Sections 7 and 17 of the California Constitution and 15 CCR 1065; Jury Trial Demanded against All Defendants, (Filing Fee: $400.00, receipt number 0971-13361834). Filed by Kenyon M. Norbert, Jr. (Attachments: #(1) Civil Cover Sheet)(Huang, Yolanda) (Filed on 5/20/2019) Modified on 5/21/2019 (tnS, COURT STAFF). (Entered: 05/20/2019)

1 Civil Cover Sheet

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Case assigned to Magistrate Judge Sallie Kim. 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 6/3/2019. (bwS, COURT STAFF) (Filed on 5/20/2019) (Entered: 05/20/2019)

~Util - Case Assigned by Intake

Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 8/12/2019. Initial Case Management Conference set for 8/19/2019 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 5/21/2019) (Entered: 05/21/2019)

Proposed Summons. (Huang, Yolanda) (Filed on 5/23/2019) (Entered: 05/23/2019)

Summons Issued as to Defendants City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto & San Francisco Sheriff's Department. (tnS, COURT STAFF) (Filed on 5/24/2019) (Entered: 05/24/2019)

Consent to Magistrate Judge Jurisdiction filed by Kenyon Norbert. (Huang, Yolanda) (Filed on 6/6/2019) (Entered: 06/06/2019)

NOTICE of Appearance by Margaret W. Baumgartner - NOTICE OF APPEARANCE OF COUNSEL (Baumgartner, Margaret) (Filed on 6/18/2019) (Entered: 06/18/2019)

NOTICE OF MOTION & MOTION for Preliminary Injunction and Related Relief filed by Kenyon Norbert. Motion Hearing set for 8/5/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 7/11/2019. Replies due by 7/18/2019. (Attachments: # 1 Supplement Memorandum of Points & Authorities, # 2 Affidavit Declaration of Dr. Terry Kupers, # 3 Affidavit Declaration of Dr. Jamie Zeitzer, # 4 Affidavit Declaration f Armando Carlos, # 5 Affidavit Declaration of Montrail Brackens, # 6 Affidavit Declaration of Marshall Harris, # 7 Affidavit Declaration of James McFarland, # 8 Affidavit Declaration of Kenyon Norbert, # 9 Affidavit Declaration of Jose Poot, # 10 Affidavit Declaration of Candido Zayas, # 11 Affidavit Declaration of Yolanda Huang)(Huang, Yolanda) (Filed on 6/27/2019) (Entered: 06/27/2019)

1 Supplement Memorandum of Points & Authorities

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2 Affidavit Declaration of Dr. Terry Kupers

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3 Affidavit Declaration of Dr. Jamie Zeitzer

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4 Affidavit Declaration f Armando Carlos

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5 Affidavit Declaration of Montrail Brackens

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6 Affidavit Declaration of Marshall Harris

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7 Affidavit Declaration of James McFarland

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8 Affidavit Declaration of Kenyon Norbert

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9 Affidavit Declaration of Jose Poot

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10 Affidavit Declaration of Candido Zayas

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11 Affidavit Declaration of Yolanda Huang

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CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 7/8/2019. 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. (mklS, COURT STAFF) (Filed on 7/1/2019) (Entered: 07/01/2019)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto, San Francisco Sheriff's Department.. (Baumgartner, Margaret) (Filed on 7/8/2019) (Entered: 07/08/2019)

OPPOSITION/RESPONSE (re 8 MOTION for Preliminary Injunction ) OPPOSITION AND MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION filed byCity and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto, San Francisco Sheriff's Department. (Attachments: # 1 Declaration Kevin McConnell, # 2 Declaration Matthew Freeman, # 3 Exhibit Exhibit A to Matthew Freeman Declaration)(Baumgartner, Margaret) (Filed on 7/11/2019) (Entered: 07/11/2019)

1 Declaration Kevin McConnell

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2 Declaration Matthew Freeman

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3 Exhibit Exhibit A to Matthew Freeman Declaration

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REPLY (re 8 MOTION for Preliminary Injunction ) filed byMontrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Attachments: # 1 Declaration Dr. Terry Kupers, # 2 Declaration Armando Carlos, # 3 Declaration Yolanda Huang)(Huang, Yolanda) (Filed on 7/18/2019) (Entered: 07/18/2019)

1 Declaration Dr. Terry Kupers

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2 Declaration Armando Carlos

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3 Declaration Yolanda Huang

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ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options filed by Plaintiffs (Huang, Yolanda) (Filed on 7/19/2019) (Entered: 07/19/2019)

NOTICE of Appearance by Sabrina Michelle Berdux - NOTICE OF APPEARANCE OF COUNSEL (Berdux, Sabrina) (Filed on 7/19/2019) (Entered: 07/19/2019)

STIPULATION TO EXTEND TIME TO RESPOND TO 1 COMPLAINT filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto, San Francisco Sheriff's Department. (Berdux, Sabrina) (Filed on 7/22/2019) (Entered: 07/22/2019)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR CERTIFICATION BY PARTIES AND COUNSEL (Berdux, Sabrina) (Filed on 7/23/2019) (Entered: 07/23/2019)

REPLY (re 8 MOTION for Preliminary Injunction ) - [Correction of Docket 12] - (Memorandum of Points and Authorities) filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Huang, Yolanda) (Filed on 7/23/2019) (Entered: 07/23/2019)

ORDER REGARDING JUDICIAL SITE VISITS. Telephone Conference set for 8/1/2019 08:00 AM in San Francisco, Chambers/Courtroom C before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 7/25/2019. (mklS, COURT STAFF) (Filed on 7/25/2019) (Entered: 07/25/2019)

Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Telephone Conference held on 8/1/2019. The Court and counsel discuss scheduling and logistics for the site visits. Counsel shall continue to meet and confer regarding the video recording and accessibility of the materials after the site visits. If there are still outstanding issues, each side may file a four page letter brief by 8/9/2019 and the Court will resolve it. The audio recording of this proceeding is sealed by the Court. (Sealed FTR Time: 8:01-8:13.) Attorney for Plaintiffs: Yolanda Huang. Attorney for Defendants: Sabrina Berdux; Margaret Baumgartner. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 8/1/2019) Modified on 8/5/2019 (mklS, COURT STAFF). (Entered: 08/01/2019)

*Document Sealed at the Court's direction.*STIPULATION WITH PROPOSED ORDER re 3 Initial Case Management Scheduling Order with ADR Deadlines, To Continue Case Management Conference and Extend Accompanying Dates filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Huang, Yolanda) (Filed on 8/1/2019) Modified on 8/2/2019 (mklS, COURT STAFF). (Entered: 08/01/2019)

~Util - Set Deadlines/Hearings

Telephone Conference

Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Motion Hearing held on 8/5/2019 re 8 MOTION for Preliminary Injunction filed by Kenyon Norbert. Argument heard. The Court may order further briefing after the site visits are completed. (FTR Time: 10:18-10:44.) Attorney for Plaintiffs: Yolanda Huang. Attorneys for Defendants: Kaitlyn Murphy; Sabrina Berdux; Margaret Baumgartner. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 8/5/2019) Modified on 3/4/2020: Matter transcribed by Peggy Schuerger (AdHoc Reporting). (rjdS, COURT STAFF). (Entered: 08/05/2019)

ORDER by Magistrate Judge Sallie Kim granting 20 Stipulation to Continue Case Management Conference and Extend Accompanying Dates. Case Management Statement due by 9/23/2019. Initial Case Management Conference reset for 9/30/2019 01:30 PM in San Francisco, Courtroom C, 15th Floor. (mklS, COURT STAFF) (Filed on 8/5/2019) (Entered: 08/05/2019)

Motion Hearing

PDF with attached Audio File. Court Date & Time [ 8/5/2019 10:17:58 AM ]. File Size [ 12536 KB ]. Run Time [ 00:26:07 ]. (courtspeak). (Entered: 08/07/2019)

Discovery Letter Brief

*Document Sealed at the Court's direction.* Letter from Plaintiffs RE: VIDEO, AUDIO PHOTOGRAHIC RECORDINGS OF JUDICIAL SITE VISIT OF SAN FRANCISCO COUNTY JAIL 4 AND COUNTY JAIL 5. (Attachments: # 1 Proposed Order RE: VIDEO, AUDIO PHOTOGRAHIC RECORDINGS OF JUDICIAL SITE VISIT OF SAN FRANCISCO COUNTY JAIL 4 AND COUNTY JAIL 5)(Huang, Yolanda) (Filed on 8/9/2019) Modified on 8/13/2019 (mklS, COURT STAFF). (Entered: 08/09/2019)

ORDER REGARDING PROTECTIVE ORDER. Signed by Magistrate Judge Sallie Kim on 8/12/2019. (mklS, COURT STAFF) (Filed on 8/12/2019) (Entered: 08/12/2019)

*Document Sealed at the Court's direction.* Letter from Plaintiffs Supplemental Re Site Visit. (Huang, Yolanda) (Filed on 8/13/2019) Modified on 8/13/2019 (mklS, COURT STAFF). Modified on 8/13/2019 (mklS, COURT STAFF). (Entered: 08/13/2019)

CLERK'S NOTICE Setting Telephone Conference: Notice is given that a Telephone Conference is set for 8/15/2019 08:00 AM in San Francisco, Chambers before Magistrate Judge Sallie Kim. The Court will circulate dial-in information to counsel through separate email. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 8/14/2019) (Entered: 08/14/2019)

Clerk's Notice

Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Telephone Conference held on 8/15/2019. The Court and counsel discuss further logistics for the site visits. The audio recording of this proceeding is sealed by the Court. (Sealed FTR Time: 8:01-8:10.) Attorney for Plaintiffs: Yolanda Huang. Attorney for Defendants: Sabrina Berdux. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 8/15/2019) (Entered: 08/15/2019)

1 - Terminate Hearings

Telephone Conference

CLERK'S NOTICE Setting Telephone Conference: Notice is given that a Telephone Conference is set for 8/22/2019 08:00 AM in San Francisco, Chambers before Magistrate Judge Sallie Kim. The Court will circulate dial-in information to counsel by separate email. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Clerk's Notice

Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Telephone Conference held on 8/22/2019. The Court and counsel discuss follow up issues from the site visits. A written order will issue. (FTR Time: 8:01-8:16.) Attorney for Plaintiff: Yolanda Huang. Attorneys for Defendants: Sabrina Berdux; Kaitlyn Murphy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 8/22/2019) (Entered: 08/22/2019)

ORDER ESTABLISHING EVIDENTIARY PROCEDURES. Evidentiary Hearing tentatively set for 10/9/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 8/22/2019. (mklS, COURT STAFF) (Filed on 8/22/2019) (Entered: 08/22/2019)

1 - Terminate Hearings

Telephone Conference

Letter Re Modifications to Scheduling On Evidentiary Procedures. (Attachments: # 1 Proposed Order Modifying Schedule Re: Preliminary Injunction Motion Dates)(Huang, Yolanda) (Filed on 8/26/2019) (Entered: 08/26/2019)

1 Proposed Order Modifying Schedule Re: Preliminary Injunction Motion Dates

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ORDER MODIFYING EXPERT WITNESS SCHEDULE. Evidentiary Hearing reset for 10/23/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 8/28/2019. (mklS, COURT STAFF) (Filed on 8/28/2019) (Entered: 08/28/2019)

RESPONSE re 32 Order,, Set Hearings, Plaintiffs' Proposed Questions to Defendant San Francisco County Sheriff's Department by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Huang, Yolanda) (Filed on 8/28/2019) (Entered: 08/28/2019)

QUESTIONS TO DEFENDANTS REGARDING JAIL SITE VISITS. Signed by Magistrate Judge Sallie Kim on 8/29/2019. (mklS, COURT STAFF) (Filed on 8/29/2019) (Entered: 08/29/2019)

DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto. Motion Hearing set for 10/7/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 9/13/2019. Replies due by 9/20/2019. (Berdux, Sabrina) (Filed on 8/30/2019) (Entered: 08/30/2019)

ORDER SETTING HEARING DATE as to 8 MOTION for Preliminary Injunction and 37 MOTION to Dismiss DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT. Motion Hearing set for 11/18/2019 01:30 PM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 9/4/2019. (mklS, COURT STAFF) (Filed on 9/4/2019) (Entered: 09/04/2019)

Discovery Letter Brief for Extension for Responses to Questions Regarding Jail Site Visits filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto. (Berdux, Sabrina) (Filed on 9/4/2019) (Entered: 09/04/2019)

ORDER APPROVING EXTENSION FOR DEFENDANTS' RESPONSE TO QUESTIONS RE: SITE VISITS. Signed by Magistrate Judge Sallie Kim on 9/5/2019. (mklS, COURT STAFF) (Filed on 9/5/2019) (Entered: 09/05/2019)

Supplemental Response Regarding Defendants' Request for Protective Order Re Site Visit Photos and Videos re 32 Order - Reply Re Proposed Protective Order for Photos and Videos Taken During Site Visit filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Attachments: # 1 Proposed Order, # 2 Exhibit Exhibit A- Gmail from Sabrina Berdux)(Related document(s) 32 ) (Huang, Yolanda) (Filed on 9/10/2019) (Entered: 09/10/2019)

1 Proposed Order

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2 Exhibit Exhibit A- Gmail from Sabrina Berdux

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Letter Brief re 36 Order filed byCity and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto. (Attachments: # 1 Exhibit A (Redacted))(Related document(s) 36 ) (Berdux, Sabrina) (Filed on 9/12/2019) (Entered: 09/12/2019)

1 Exhibit A (Redacted)

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Administrative Motion to File Under Seal Exhibit A to Letter Brief filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto, San Francisco Sheriff's Department. (Attachments: # 1 Declaration Sabrina M. Berdux, # 2 Proposed Order, # 3 Exhibit A (Redacted), # 4 Exhibit A (Not Redacted))(Berdux, Sabrina) (Filed on 9/12/2019) (Entered: 09/12/2019)

1 Declaration Sabrina M. Berdux

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2 Proposed Order

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3 Exhibit A (Redacted)

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OPPOSITION/RESPONSE to (re 37 DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT) filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Huang, Yolanda) (Filed on 9/13/2019) (Entered: 09/13/2019)

ORDER REGARDING MOTION TO FILE UNDER SEAL by Magistrate Judge Sallie Kim; granting in part and denying in part 43 Administrative Motion to File Under Seal. (tlS, COURT STAFF) (Filed on 9/16/2019) (Entered: 09/16/2019)

Ex Parte Application for Leave to File a Motion for Reconsideration of Portions of this Court's Order re 45 Order on Administrative Motion to File Under Seal For Leave to File Motion for Reconsideration of Dkt 45 filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Attachments: #(1) Declaration of Yolanda Huang)(Huang, Yolanda) (Filed on 9/16/2019) (Entered: 09/16/2019)

1 Declaration of Yolanda Huang

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[Proposed] Order Granting re 46 Ex Parte Application for Leave to File a Motion for Reconsideration of Portions of re 45 Order on Administrative Motion to File Under Seal For Leave to File Motion for Reconsideration of Dkt 45 filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Huang, Yolanda) (Filed on 9/16/2019) (Entered: 09/16/2019)

PROTECTIVE ORDER. Signed by Judge Sallie Kim on 9/17/2019. (tlS, COURT STAFF) (Filed on 9/17/2019) (Entered: 09/17/2019)

ORDER GRANTING LEAVE TO FILE MOTION FOR RECONSIDERATION by Magistrate Judge Sallie Kim; granting 46 Ex Parte Application. Plaintiff's Motion for Reconsideration due by 9/24/2019. (tlS, COURT STAFF) (Filed on 9/18/2019) (Entered: 09/18/2019)

ORDER. Signed by Magistrate Judge Sallie Kim on 9/20/19. (sklc2S, COURT STAFF) (Filed on 9/20/2019) (Entered: 09/20/2019)

REPLY (re 37 DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT) - REPLY IN SUPPORT OF DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT (Dkt. 37) filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto. (Berdux, Sabrina) (Filed on 9/20/2019) (Entered: 09/20/2019)

ADMINISTRATIVE MOTION for Reconsideration and Modification of this Court's Order re 48 Protective Order Re: Defendants Request to File Under Seal Defendants' Responses (Dkt. 42-1) filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. Responses due by 9/27/2019. (Attachments: #(1) [Proposed] Order)(Huang, Yolanda) (Filed on 9/23/2019) (Entered: 09/23/2019)

1 Proposed Order Proposed Order

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JOINT CASE MANAGEMENT STATEMENT and [Proposed[ Order filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Huang, Yolanda) (Filed on 9/23/2019) (Entered: 09/23/2019)

OPPOSITION/RESPONSE to (re 52 ADMINISTRATIVE MOTION to Modify Order Dkt 48 re 48 Protective Order) - OPPOSITION TO ADMINISTRATIVE MOTION MODIFY ORDER DKT 48 RE 48 PROTECTIVE ORDER (DKT. #52) filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto. (Attachments: #(1) Declaration Kevin McConnell)(Berdux, Sabrina) (Filed on 9/27/2019) (Entered: 09/27/2019)

1 Declaration Kevin McConnell

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REVISED ORDER REGARDING 43 MOTION TO FILE UNDER SEAL by Magistrate Judge Sallie Kim (Re: 52 Administrative Motion for Reconsideration). (mklS, COURT STAFF) (Filed on 9/30/2019) (Entered: 09/30/2019)

Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Initial Case Management Conference held on 9/30/2019. The parties will meet and confer to submit a stipulation to the Court by 10/7/2019 regarding the confidentiality of specific photographs from the site visits. Parties are also trying to come to an agreement regarding the blood draw issue. The Court sets the following briefing schedule, if the parties are unable to come to an agreement: Plaintiffs' opening brief due by 10/15/2019; Defendants' response due by 10/29/2019; Plaintiffs' reply due 11/12/2019. With regarding to the case schedule, the Court will allow Plaintiffs to submit proposed dates by 10/1/2019. If there are case management issues to be discussed at the next hearing on 10/23/2019 the parties may provide a one-page update to the Court by 10/21/2019. (FTR Time: 1:37-1:49.) Attorney for Plaintiffs: Yolanda Huang. Attorney for Defendants: Sabrina Berdux; Kaitlyn Murphy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 9/30/2019) (Entered: 09/30/2019)

JOINT CASE MANAGEMENT STATEMENT filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Huang, Yolanda) (Filed on 9/30/2019) (Entered: 09/30/2019)

Case Management Conference - Initial

SUPPLEMENTAL CASE MANAGEMENT CONFERENCE STATEMENT - [Correction to Docket #57] filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Huang, Yolanda) (Filed on 10/2/2019) (Entered: 10/02/2019)

CASE MANAGEMENT, SCHEDULING, AND PRETRIAL ORDER.Case referred to Magistrate Judge Laurel Beeler for Settlement to be completed by 3/6/2020. Updated Case Management Statement due by 11/25/2019. Further Case Management Conference set for 12/2/2019 01:30 PM in San Francisco, Courtroom C, 15th Floor. Motion Hearing on Limited Summary Judgment Regarding Administrative Exhaustion set for 3/23/2020 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Close of Fact Discovery is 11/2/2020. Initial Expert Disclosure due by 12/1/2020. Rebuttal Expert Disclosure due by 1/4/2021. Close of Expert Discovery is 2/16/2021. Motion Hearing Regarding Class Certification set for 3/21/2021 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Dispositive Motion Hearing set for 5/24/2021 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Pretrial Conference set for 7/9/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Jury Selection set for 8/10/2021 08:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Jury Trial set for 8/10/2021 08:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 10/3/2019. (mklS, COURT STAFF) (Filed on 10/3/2019) (Entered: 10/03/2019)

CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement (ahmS, COURT STAFF) (Filed on 10/3/2019)

Case Referred to Magistrate Judge for Settlement

CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE SCHEDULING CALL: This case was referred for a settlement conference to Magistrate Judge Laurel Beeler. The court sets a call with the parties to discuss the timing and logistics of the settlement conference for Thursday, 10/24/2019 at 11:15 AM. The court will email a call-in number separately. If this date does not work, parties may request to change the date by stipulation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/4/2019) (Entered: 10/04/2019)

Clerk's Notice

DEFENDANTS STIPULATION AND [PROPOSED] ORDER ON JAIL SITE PHOTOS AND VIDEOS REGARDING LEGAL OF CONFIDENTIALITY re 56 Case Management Conference filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto. (Berdux, Sabrina) (Filed on 10/8/2019) (Entered: 10/08/2019)

Plaintiffs' Proposed Photos and Videos and Objections to re 61 DEFENDANTS [PROPOSED] STIPULATION ON JAIL SITE PHOTOS AND VIDEOS REGARDING LEGAL OF CONFIDENTIALITY filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Huang, Yolanda) (Filed on 10/10/2019) (Entered: 10/10/2019)

MOTION to Compel Defendants San Francisco Sheriff's Department to Provide Access for Discovery filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. Motion Hearing set for 11/18/2019 01:30 PM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 10/29/2019. Replies due by 11/12/2019. (Attachments: # 1 Supplement Memorandum of Points and Authorities, # 2 Declaration Declaration of Yolanda Huang)(Huang, Yolanda) (Filed on 10/15/2019) (Entered: 10/15/2019)

1 Supplement Memorandum of Points and Authorities

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2 Declaration Declaration of Yolanda Huang

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EXHIBITS to re 63 MOTION to Compel Defendants San Francisco Sheriff's Department to Provide Access for Discovery - EXHIBIT A: Plaintiffs Letter dated 8.20.2019 EXHIBIT B: Upshaw Stipulation EXHIBIT C: Defendants Letter dated 10.3.2019 EXHIBIT D: Plaintiffs Letter dated 10.7.2019 EXHIBIT E: Defendants Letter dated 10.11.2019 EXHIBIT F-1 Dr. Zeitzer,f-2: Dr. Ghannam, F-3: Dr. Haar and F-3: Dr. Holick filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Related document(s) 63 ) (Huang, Yolanda) (Filed on 10/15/2019) (Entered: 10/15/2019)

[Proposed] Order re 63 MOTION to Compel Defendants San Francisco Sheriff's Department to Provide Access for Discovery 64 Exhibits filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Huang, Yolanda) (Filed on 10/15/2019) (Entered: 10/15/2019)

ORDER REGARDING PHOTOGRAPHS AND VIDEOS SUBJECT TO PROTECTIVE ORDER (Re: Dockets nos. 61 and 62 ) by Magistrate Judge Sallie Kim. (mklS, COURT STAFF) (Filed on 10/15/2019) (Entered: 10/15/2019)

DOCUMENT E-FILED UNDER SEAL re 45 Order on Administrative Motion to File Under Seal by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto. (Berdux, Sabrina) (Filed on 10/15/2019) (Entered: 10/15/2019)

CLERK'S NOTICE Re: 63 MOTION to Compel Defendants San Francisco Sheriff's Department to Provide Access for Discovery. The Court previously set a briefing schedule and hearing date for this motion at docket no. 59 . The schedule is reset in accordance with the Court's prior order. Defendants' Opposition is due by 10/29/2019. Plaintiffs' Reply is due by 11/5/2019. Motion Hearing reset for 12/2/2019 01:30 PM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 10/16/2019) (Entered: 10/16/2019)

~Util - Set Motion and Deadlines/Hearings

Clerk's Notice

Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Evidentiary Hearing held on 10/23/2019. (Sealed FTR Time: 9:37-11:32.) (Attachments: # 1 Hearing Log)(mklS, COURT STAFF) (Date Filed: 10/23/2019) Modified on 10/24/2019: Matter transcribed by Peggy Schuerger (AdHoc Reporting). (rjdS, COURT STAFF). (Entered: 10/23/2019)

1 Hearing Log

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TRANSCRIPT ORDER for proceedings held on 10/23/2019 before Magistrate Judge Sallie Kim by City and County of San Francisco, for Court Reporter FTR - San Francisco. (Berdux, Sabrina) (Filed on 10/24/2019) (Entered: 10/24/2019)

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference Call held on 10/24/2019. The court sets the in-person settlement conference for Tuesday, February 18, 2020 at 10:00 AM. (Not Reported). Plaintiffs' Attorney: Yolanda Huang. Defendants' Attorney: Sabrina Michelle Berdux. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 10/24/2019) (Entered: 10/24/2019)

Order Setting Settlement Conference before Magistrate Judge. Settlement Conference set for 2/18/2020 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. Settlement Conference Statements due by 1/28/2020. Signed by Judge Laurel Beeler on 10/24/2019. (ejkS, COURT STAFF) (Filed on 10/24/2019) (Entered: 10/24/2019)

ORDER REGARDING DISPUTED PHOTOGRAPHS AND VIDEOS SUBJECT TO THE PROTECTIVE ORDER. Signed by Magistrate Judge Sallie Kim on 10/24/2019. (mklS, COURT STAFF) (Filed on 10/24/2019) (Entered: 10/24/2019)

ORDER REGARDING SEALING OF EVIDENTIARY HEARING TRANSCRIPT. Signed by Magistrate Judge Sallie Kim on 10/24/2019. (mklS, COURT STAFF) (Filed on 10/24/2019) (Entered: 10/24/2019)

Settlement Conference

Sealed Transcript of Proceedings held on 10/23/2019, before Magistrate Judge Sallie Kim. Court Reporter/Transcriber Peggy Schuerger/Ad Hoc Reporting, Telephone number (619) 228-3774/adhocreporting@aol.com. Per General Order No. 59 and Judicial Conference policy,any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 11/13/2019. Redacted Transcript Deadline set for 11/25/2019. (pls, COURT STAFF) (Filed on 10/26/2019) (Entered: 10/26/2019)

ORDER DENYING MOTION TO RELATE CASES.The Administrative Motion [Dkt. 17 in 4:19-cv-2722-YGR] to determine whether the Court should relate cases 4:19-cv-2722-YGR and 3:19-cv-2724-SK is DENIED. Signed by Judge Yvonne Gonzalez Rogers on 10/28/2019. (fs, COURT STAFF) (Filed on 10/28/2019) (Entered: 10/29/2019)

OPPOSITION/RESPONSE to (re 63 MOTION to Compel Defendants San Francisco Sheriff's Department to Provide Access for Discovery) - RESPONSE TO MOTION TO COMPEL DEFENDANT SAN FRANCISCO SHERIFF DEPARTMENT TO PROVIDE ACCESS FOR DISCOVERY (DKT. 56, 63, 68) filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto. (Attachments: # 1 Declaration Undersheriff Matthew Freeman, # 2 Declaration Lisa A. Pratt, MD, MPH, # 3 Declaration Sabrina M. Berdux, # 4 Exhibit A to Sabrina M. Berdux Declaration, # 5 Exhibit B to Sabrina M. Berdux Declaration)(Berdux, Sabrina) (Filed on 10/29/2019) (Entered: 10/29/2019)

1 Declaration Undersheriff Matthew Freeman

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2 Declaration Lisa A. Pratt, MD, MPH

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3 Declaration Sabrina M. Berdux

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4 Exhibit A to Sabrina M. Berdux Declaration

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5 Exhibit B to Sabrina M. Berdux Declaration

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ORDER UNSEALING EVIDENTIARY HEARING TRANSCRIPT AND FTR RECORDING. Signed by Magistrate Judge Sallie Kim on 11/1/19. (sklc2S, COURT STAFF) (Filed on 11/1/2019) (Entered: 11/01/2019)

Supplemental Brief in Support of re 8 MOTION for Preliminary Injunction filed by Montrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Attachments: # 1 Declaration of Montrail Brackens, # 2 Declaration of Armando Carlos, # 3 Declaration Kenyon Norbert, # 4 Declaration Kishawn Norbert, # 5 Declaration Roger Dominguez)(Related document(s) 8 ) (Huang, Yolanda) (Filed on 11/1/2019) (Entered: 11/01/2019)

1 Declaration of Montrail Brackens

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2 Declaration of Armando Carlos

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3 Declaration Kenyon Norbert

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4 Declaration Kishawn Norbert

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5 Declaration Roger Dominguez

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REPLY (re 63 MOTION to Compel Defendants San Francisco Sheriff's Department to Provide Access for Discovery ) filed byMontrail Brackens, Michael Brown, Armando Carlos, Marshall Harris, Troy McAllister, Kenyon Norbert, Jose Poot. (Attachments: # 1 Declaration Yolanda Huang)(Huang, Yolanda) (Filed on 11/5/2019) (Entered: 11/05/2019)

1 Declaration Yolanda Huang

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Supplemental Brief re 8 MOTION for Preliminary Injunction - DEFENDANTS SUPPLEMENTAL BRIEFING REGARDING PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION (DKT. 8) filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto. (Attachments: # 1 Declaration Kaitlyn Murphy, # 2 Exhibit A to Declaration of Kaitlyn Murphy, # 3 Exhibit B to Declaration of Kaitlyn Murphy)(Related document(s) 8 ) (Murphy, Kaitlyn) (Filed on 11/8/2019) (Entered: 11/08/2019)

1 Declaration Kaitlyn Murphy

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2 Exhibit A to Declaration of Kaitlyn Murphy

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3 Exhibit B to Declaration of Kaitlyn Murphy

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CLERK'S NOTICE Re: Hearing on 11/18/2019: At the hearing on 11/18/2019 at 1:30 PM the Court will hear argument as to the Motion for Preliminary Injunction (dkt no. 8 ) and Motion to Dismiss (dkt no. 37) only. The Motion to Compel (dkt no. 63 ) is set for a separate hearing on 12/2/2019 at 1:30 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 11/12/2019) (Entered: 11/12/2019)

Clerk's Notice