Case: Torres v. Milusnic

2:20-cv-04450 | U.S. District Court for the Central District of California

Filed Date: May 16, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a putative class action by five individuals held at Lompoc, a low-security prison facing one of the largest outbreaks of COVID-19 among U.S. federal prisons. The plaintiffs alleged that the defendants failed to undertake reasonable preventative measures, which allowed the virus to spread to 60% of those in custody. The plaintiffs sought declaratory and injunctive relief for improved conditions of confinement, as well as a writ of habeas corpus for release. On July 14, …

COVID-19 Summary: This is a putative class action by five individuals held at Lompoc, a low-security prison facing one of the largest outbreaks of COVID-19 among U.S. federal prisons. The plaintiffs alleged that the defendants failed to undertake reasonable preventative measures, which allowed the virus to spread to 60% of those in custody. The plaintiffs sought declaratory and injunctive relief for improved conditions of confinement, as well as a writ of habeas corpus for release. On July 14, the court granted the plaintiffs' motion for preliminary injunction and granted provisional class certification. On September 18, the court denied the defendant's July 2 motion to dismiss the case. On September 10, the plaintiffs had submitted a motion to enforce compliance with the preliminary injunction and an order to show cause which was granted on October 8. The case is ongoing.


On May 16, 2020, five individuals filed a putative class action against Lompoc, a low-security prison facing one of the largest outbreaks of COVID-19 among U.S federal prisons, for immediate relief on behalf of a proposed class of all current and future people in post-conviction custody at Lompoc. The plaintiffs alleged that the Warden of Lompoc and the Director of the Federal Bureau of Prisons (BOP) failed to adequately treat infected prisoners and implement reasonable health and safety measures, which resulted in 60% of the population at Lompoc testing positive. The plaintiffs also alleged that despite BOP’s broadened discretion to allow for home confinement during the pandemic, prisoners reporting symptoms were instead placed in solitary confinement in converted warehouses without medical care. Additionally, the plaintiffs alleged that because Lompoc was incapable of providing adequate medical care, continued confinement amounted to a violation of their Eighth Amendment rights.

Represented by the American Civil Liberties Union Foundation of Southern California and the Prison Law Office, the plaintiffs brought this action in the U.S. District Court for the Central District of California as a habeas petition under 28 U.S.C. § 2241, an injunctive action, and as a declaratory action under § 2201. The plaintiffs sought enlargement of custody to home confinement and for mitigation measures to be adopted in Lompoc to prevent the spread of COVID-19, including: social distancing, free soap, paper towels and cleaning supplies, access to hand sanitizer, daily showers, identification procedures for potentially infected inmates, and proper medical care for those who have COVID-19. The case was assigned to District Judge Consuelo. B Marshall and referred to Magistrate Judge Pedro V. Castillo on May 18.

On June 1, the plaintiffs filed an ex parte motion for a temporary restraining order and a preliminary injunction requiring Lompoc to undertake health and safety measures as well as a court-supervised process for individualized consideration of each prisoner’s suitability for release on an accelerated schedule. The plaintiffs also moved for class certification on June 4.

On July 2, the defendants moved to dismiss the case, claiming that the habeas claim failed because inmate placement decisions are not judicially reviewable and because the plaintiffs failed to exhaust other administrative remedies as required under the Prison Litigation Reform Act (PLRA). They also argued that the Eighth Amendment claim should be dismissed because the defendant did not act with deliberate indifference.

On July 14, the court granted the plaintiffs' motion for preliminary injunction and granted provisional class certification. 472 F.Supp.3d 713. The defendants were ordered to provide the court a list identifying all members of the class and evaluate each provisional class member’s eligibility for home confinement, giving substantial weight to the inmate’s risk factors for severe illness or death from COVID-19 based on age (over 50) or underlying health conditions, among other things.

On September 10, the plaintiffs submitted a motion to enforce compliance with the preliminary injunction and an order to show cause. The plaintiffs claimed that defendant's failure to promptly release approved class members and the denial of home confinement violated the terms of the preliminary injunction.

The court denied the defendant's motion to dismiss on September 18, finding that the plaintiffs asserted a proper habeas claim challenging the fact of their confinement, and that the habeas claim is not foreclosed by the requirements of the PLRA. The court also found that the plaintiffs plead sufficient facts to satisfy the objective prong of their Eighth Amendment claim by alleging that they are are at substantial risk of exposure to COVID-19 and to satisfy the subjective prong by alleging that the defendants have ignored, and therefore have been deliberately indifferent, to the known risks of COVID-19 based on the conditions at Lompoc. The court also disagreed with the defendants that the plaintiffs failed exhaust administrative remedies for their claims, noting that the plaintiffs' complaint alleges that “since the COVID-19 outbreak in Lompoc, those incarcerated have been denied access to the administrative remedy process,” and “[s]taff have not been accepting the forms required to initiate the process, claiming they cannot do so due to the exigency of the COVID-19 pandemic.”

The court-appointed inspector submitted a status report on the Lompoc facility regarding the conditions and the adequacy of the defendant's response to the pandemic. The inspector identified several deficiencies in several areas, including COVID-19 screening among detained people, lack of timely access to health care, and lack of infection control in housing areas.

On October 8, the court granted the plaintiffs' motion to enforce compliance with the preliminary injunction and ordered defendants to confirm that all eligible class members were released to home confinement, and, if some class members were denied release to provide an explanation to the court.

The parties attended multiple hearings over the next several months and on January 29, 2021 the plaintiffs filed another motion to enforce compliance with the preliminary injunction. After a motion hearing, the court set a March 26 deadline for the plaintiffs to provide support for their contention that the defendants impermissibly imposed categorical bars on inmates' eligibility for home confinement.

In February, an individual attempted to intervene and file an amended complaint. On March 2, the court rejected the intervention and refused to file the letter on the grounds that individual class members could not file amended complaints in a class action suit. On March 19, 2021, the intervenor appealed the case to the Ninth Circuit (Case No. 21-55305); however the appeal was dismissed in April for lack of jurisdiction.

On March 19, the plaintiffs filed an ex parte application to continue to modify the case schedule and authorize a doctor site visit, which the court granted on March 22. Shortly after this, on March 26, the plaintiffs filed a supplemental brief in support of their January 29 motion to enforce the preliminary injunction. They stated that in violation of the preliminary injunction, the defendants had denied home confinement for at least 285 inmates who had no demerits, and that other inmates were similarly denied for other "improper reasons," including that the defendants "do not consider inmates to be old or vulnerable enough." The defendants opposed this motion on April 2, stating that they had not used any factors to categorically disqualify inmates from home confinement eligibility, that they weighed all appropriate factors before coming to conclusions on individual inmates, and that they were moving as quickly as they were able.

The dispute was referred to Magistrate Judge Consuelo B. Marshall for mediation; however, the parties were unable to reach a settlement. Magistrate Judge Marshall released a Report and Recommendation on April 30, 2021, suggesting that the court require the defendants to: (1) re-evaluate certain class members for home confinement - especially those who had been denied solely based on time served and those who were denied for a prior offense that was more than 15 years old; (2) transfer class members who were determined eligible for home confinement within one month of each grant, or submit a declaration showing good cause for why they were unable to do so; (3) provide notice to future inmates in custody at Lompoc of the class definition and review them for home confinement within fourteen days of their arrival.

The defendants objected to the report on May 14 and on May 25, the defendants filed motions to vacate the court's July 14, 2020 preliminary injunction order and for summary judgment. The defendants argued that the plaintiffs could not meet their Eight Amendment burden because the evidence demonstrated that the defendants had acted wtih a high degree of care, rather than deliberate indifference. They also argued that no further relief was available to the plaintiffs because any further relief ordering transfer to home confinement would constitute a release order under the Prison Litigation Reform Act (PLRA), which cannot be enacted by a single district judge.

The plaintiffs filed responses to both motions on June 8, 2021, arguing that the preliminary injunction was still necessary to protect inmates, especially becasue vaccination rates in Lompoc remained low and thus the risk of death or serious illness from COVID-19 was still a very legitimate threat. They argued that the defendants had never truly complied with the preliminary injunction's requirements, and that their attempts to vacate the court's order and for summary judgment were just another attempt to skirt their responsibilities to protect those in their custody.The plaintiffs also argued that summary judgment was improper because material facts were still disputed, that the Eighth Amendment protects against conditions of confinement that were likely to cause serious illness and needless suffering, and that questions release orders under the PLRA were irrelevant for purposes of the summary judgment motion.

On August 27, 2021 the court accepted the magistrate judge's report and recommendation regarding the plaintiff's motion to enforce compliance with the preliminary injunction. 2021 WL 3829699

The case remains ongoing with the summary judgment motion still before the court.

Summary Authors

Averyn Lee (9/21/2020)

Chandler Hart-McGonigle (11/29/2020)

Zofia Peach (3/23/2021)

Caitlin Kierum (9/5/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17170686/parties/yonnedil-carror-torres-v-louis-milusnic/


Judge(s)

Castillo, Pedro V. (California)

Marshall, Consuelo Bland (California)

Attorneys(s) for Plaintiff

Bannett, Shoshana E. (California)

Bibring, Peter (California)

Bird, Terry W. (California)

Booth, Patrick (California)

Eliasberg, Peter J. (California)

Hart, Sophie Jedeikin (California)

Lee, Christopher Jumin (California)

Norman, Sara Linda (California)

Judge(s)

Castillo, Pedro V. (California)

Marshall, Consuelo Bland (California)

Attorneys(s) for Plaintiff

Bannett, Shoshana E. (California)

Bibring, Peter (California)

Bird, Terry W. (California)

Booth, Patrick (California)

Eliasberg, Peter J. (California)

Hart, Sophie Jedeikin (California)

Lee, Christopher Jumin (California)

Norman, Sara Linda (California)

Rim, Naeun (California)

Rocos, Oliver (California)

Shin, Kate S (California)

Specter, Donald H. (California)

Threatt, Jimmy (California)

Wolpert, Dorothy (California)

Attorneys(s) for Defendant

Beck, Daniel A (California)

Green, Paul Bartholomew (California)

Han, Chung H (California)

Hanna, Nicola T. (California)

Harris, David M (California)

La Scala, Paul B (California)

Osinoff, Joanne S (California)

Staub, Keith M (California)

Thayer, Damon A (California)

Tursi, Joseph William (California)

Wilkison, Tracy L. (California)

Yang, Jasmin (California)

Other Attorney(s)

Cullinane, Bryce Michael (California)

Keesal, Samuel A (California)

Newhouse, George B Jr (California)

Perovich, Stefan (California)

Expert/Monitor/Master

Resnik, Judith (Connecticut)

Samra, Shamsher (California)

Stern, Marc F. (Washington)

Venters, Homer (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 31, 2021 Docket
1

Complaint - Class Action for Declaratory and Injunctive Relief and Petition for Writ of Habeas Corpus

May 16, 2020 Complaint
16

Corrected Complaint - Class Action for Declaratory and Injunctive Relief and Petition for Writ of Habeas Corpus

June 1, 2020 Complaint
18 (incl. 18-1 to 18-3)

Plaintiff-Petitioners' Notice of Ex Parte Application and Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction; Memorandum of Points and Authorities

June 1, 2020 Pleading / Motion / Brief
22 (incl. 22-1 to 22-4)

Plaintiff-Petitioners' Notice of Ex Parte and Ex Parte Application for Provisional Class Certification

June 4, 2020 Pleading / Motion / Brief
25-1

Declaration in Support of Respondents' Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction (Part 2/3)

June 5, 2020 Pleading / Motion / Brief
25-2, 25-3

Declarations in Support of Respondents' Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction (Part 3/3)

June 5, 2020 Pleading / Motion / Brief
25

Respondents' Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction (Part 1/3)

June 5, 2020 Pleading / Motion / Brief
34

Plaintiff-Petitioners' Reply Supporting Ex Parte Application for Provisional Class Certification

June 11, 2020 Pleading / Motion / Brief
36 & 36-1

Respondents' Notice of Motion and Motion to Dismiss Under Fed. R. Civ. P. 12(b)(1) and 12(b)(6); Memorandum of Points and Authorities; and [Proposed] Order

July 2, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Torres v. Milusnic

American Civil Liberties Union

More than 900 people incarcerated in Lompoc have tested positive for the virus — that’s more than 65% of positive tests in all of Santa Barbara County where the prison facilities are located. <br /> … May 16, 2020 https://www.aclusocal.org/en/cases/torres-v-milusnic

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17170686/yonnedil-carror-torres-v-louis-milusnic/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT Receipt No: ACACDC-26467298 - Fee: $400, filed by Plaintiff-Petitioners Yonnedil Carror Torres, Andre Brown, Felix Samuel Garcia, Vincent Reed, Shawn L. Fears. (Attorney Naeun Rim added to party Andre Brown(pty:pet), Attorney Naeun Rim added to party Yonnedil Carror Torres(pty:pet), Attorney Naeun Rim added to party Shawn L. Fears(pty:pet), Attorney Naeun Rim added to party Felix Samuel Garcia(pty:pet), Attorney Naeun Rim added to party Vincent Reed(pty:pet))(Rim, Naeun) (Entered: 05/16/2020)

May 16, 2020 Clearinghouse
2

CIVIL COVER SHEET filed by Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Rim, Naeun) (Entered: 05/16/2020)

May 16, 2020 PACER
3

CERTIFICATE of Interested Parties filed by Plaintiff-Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed, (Attachments: # 1 Attachment A)(Rim, Naeun) (Entered: 05/16/2020)

1 Attachment A

View on PACER

May 16, 2020 PACER
4

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff-Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Rim, Naeun) (Entered: 05/16/2020)

May 16, 2020 PACER
5

NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Pedro V. Castillo. (lh) (Entered: 05/18/2020)

May 18, 2020 PACER
6

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendants Michael Carvajal, Louis Milusnic. (lh) (Entered: 05/18/2020)

May 18, 2020 PACER
7

STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (ys) (Entered: 05/18/2020)

May 18, 2020 RECAP
8

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Terry J. Hatter, Jr, for the reasons set forth on this order. Related Case No. 5:20-cv-00768 TJH(PVC) (rn) (Entered: 05/20/2020)

May 20, 2020 RECAP
9

Notice of Appearance or Withdrawal of Counsel: for attorney Keith M Staub counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Keith M. Staub as counsel of record for Louis Milusnic, in his capacity as Warden of Lompoc; Michael Carvajal, in his capacity as Director of the Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Defendants Louis Milusnic, in his capacity as Warden of Lompoc; Michael Carvajal, in his capacity as Director of the Bureau of Prisons. (Attachments: # 1 Proof of Service)(Attorney Keith M Staub added to party Michael Carvajal(pty:dft), Attorney Keith M Staub added to party Louis Milusnic(pty:dft))(Staub, Keith) (Entered: 05/22/2020)

1 Proof of Service

View on PACER

May 22, 2020 PACER
10

Notice of Appearance or Withdrawal of Counsel: for attorney Paul Bartholomew Green counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Paul Bartholomew Green as counsel of record for Louis Milusnic and Michael Carvajal for the reason indicated in the G-123 Notice. Filed by Respondents Louis Milusnic and Michael Carvajal. (Attorney Paul Bartholomew Green added to party Michael Carvajal(pty:dft), Attorney Paul Bartholomew Green added to party Louis Milusnic(pty:dft))(Green, Paul) (Entered: 05/22/2020)

May 22, 2020 PACER
11

Notice of Appearance or Withdrawal of Counsel: for attorney Jasmin Yang counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Jasmin Yang as counsel of record for Louis Milusnic, in his capacity as Warden of Lompoc and Michael Carvajal in his capacity as Director of the Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Respondents Louis Milusnic, in his capacity as Warden of Lompoc, Michael Carvajal in his capacity as Director of the Bureau of Prisons. (Attorney Jasmin Yang added to party Michael Carvajal(pty:dft), Attorney Jasmin Yang added to party Louis Milusnic(pty:dft))(Yang, Jasmin) (Entered: 05/22/2020)

May 22, 2020 PACER
12

Notice of Appearance or Withdrawal of Counsel: for attorney Damon A Thayer counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Damon A Thayer as counsel of record for LOUIS MILUSNIC, in his capacity as Warden of Lompoc; and MICHAEL CARVAJAL, in his capacity as Director of the Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Defendants/Respondents LOUIS MILUSNIC, in his capacity as Warden of Lompoc; and MICHAEL CARVAJAL, in his capacity as Director of the Bureau of Prisons. (Attachments: # 1 Proof of Service)(Attorney Damon A Thayer added to party Michael Carvajal(pty:dft), Attorney Damon A Thayer added to party Louis Milusnic(pty:dft))(Thayer, Damon) (Entered: 05/26/2020)

1 Proof of Service

View on PACER

May 26, 2020 PACER
13

Notice of Appearance or Withdrawal of Counsel: for attorney Damon A Thayer counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Damon A. Thayer as counsel of record for Defendants/Respondents LOUIS MILUSNIC, in his capacity as Warden of Lompoc; and MICHAEL CARVAJAL, in his capacity as Director of the Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Defendants/Respondents Defendants/Respondents LOUIS MILUSNIC, in his capacity as Warden of Lompoc; and MICHAEL CARVAJAL, in his capacity as Director of the Bureau of Prisons. (Attachments: # 1 Proof of Service)(Thayer, Damon) (Entered: 05/26/2020)

1 Proof of Service

View on PACER

May 26, 2020 PACER
14

Notice of Appearance or Withdrawal of Counsel: for attorney Chung Hae Han counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Chung H. Han as counsel of record for Louis Milusnic, Warden, Terminal Island; Michael Carvajal, Director, Federal Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by respondents Louis Milusnic, Michael Carvajal. (Attorney Chung Hae Han added to party Michael Carvajal(pty:dft), Attorney Chung Hae Han added to party Louis Milusnic(pty:dft))(Han, Chung) (Entered: 05/29/2020)

May 29, 2020 PACER
15

NOTICE OF ERRATA filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. correcting Complaint (Attorney Civil Case Opening), 1 Regarding Clerical Errors in Complaint (Dkt. 1) (Rim, Naeun) (Entered: 06/01/2020)

June 1, 2020 PACER
16

COMPLAINT with filing fee previously paid ($400 paid on May 16, 2020, receipt number 26467298), filed by Plaintiffs-Petitioners Yonnedil Carror Torres, Andre Brown, Felix Samuel Garcia, Vincent Reed, Shawn L. Fears.(Rim, Naeun) (Entered: 06/01/2020)

June 1, 2020 Clearinghouse
17

EX PARTE APPLICATION to Exceed Page Limitation on Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed by Plaintiff-Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Attachments: # 1 Proposed Order) (Rim, Naeun) (Entered: 06/01/2020)

1 Proposed Order

View on PACER

June 1, 2020 PACER
18

EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction filed by Plaintiff-Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Attachments: # 1 Declaration of Naeun Rim, # 2 Declaration of Jimmy Threatt, # 3 Proposed Order) (Rim, Naeun) (Entered: 06/01/2020)

1 Declaration of Naeun Rim

View on PACER

2 Declaration of Jimmy Threatt

View on PACER

3 Proposed Order

View on PACER

June 1, 2020 Clearinghouse
19

STIPULATION for Order GRANTING STIPULATION RE: BRIEFING OF PETITIONERS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER (ECF. No. 18) filed by Respondents Michael Carvajal, Louis Milusnic. (Attachments: # 1 Proposed Order)(Staub, Keith) (Entered: 06/02/2020)

1 Proposed Order

View on PACER

June 2, 2020 PACER
20

ORDER GRANTING STIPULATION RE: BRIEFING OF PETITIONERS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER (ECF. No. 18) by Judge Consuelo B. Marshall: 1. The Stipulation is GRANTED; 2. (a) Petitioners and Respondents may extend the page limit in briefing their Ex Parte TRO and Opposition thereto to 65 pages each; (b) Respondents shall file their opposition to Petitioners Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction by Friday, June 5, 2020; and (c) Petitioners may file their reply by June 9, 2020. (shb) (Entered: 06/02/2020)

June 2, 2020 PACER
21

MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that pursuant to the Judge's directive, the ex parte to exceed page application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction 17 is hereby denied as moot in light of the stipulation 19 . (shb) (Entered: 06/02/2020)

June 2, 2020 PACER
22

EX PARTE APPLICATION to Certify Class (Provisional) filed by Plaintiff-Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Attachments: # 1 Declaration of Donald Specter, # 2 Declaration of Naeun Rim, # 3 Declaration of Peter Eliasberg, # 4 Proposed Order) (Rim, Naeun) (Entered: 06/04/2020)

1 Declaration of Donald Specter

View on PACER

2 Declaration of Naeun Rim

View on PACER

3 Declaration of Peter Eliasberg

View on PACER

4 Proposed Order

View on PACER

June 4, 2020 Clearinghouse
23

STIPULATION for Order GRANTING STIPULATION RE: BRIEFING OF PETITIONERS EX PARTE APPLICATION FOR PROVISIONAL CLASS CERTIFICATION (ECF. No. 22) filed by Respondents Michael Carvajal, Louis Milusnic. (Attachments: # 1 Proposed Order)(Staub, Keith) (Entered: 06/05/2020)

1 Proposed Order

View on PACER

June 5, 2020 PACER
24

ORDER GRANTING STIPULATION RE: BRIEFING OF PETITIONERS' EX PARTE APPLICATION FOR PROVISIONAL CLASS CERTIFICATION (Ecf. No. 22) 23 by Judge Consuelo B. Marshall: 1. The Stipulation is GRANTED. 2. Respondents shall file their oppositions to Petitioners' Ex Parte Application for Class Certification by Tuesday, June 9, 2020 at 10:00 a.m.; and Petitioners shall file their reply by June 11, 2020 at 5:00 p.m. (shb) (Entered: 06/05/2020)

June 5, 2020 PACER
25

OPPOSITION IN OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction 18 filed by Defendants Michael Carvajal, Louis Milusnic. (Attachments: # 1 Declaration Engleman, # 2 Declaration Cross, # 3 Declaration Arnold)(Staub, Keith) (Entered: 06/05/2020)

1 Declaration Engleman

View on PACER

2 Declaration Cross

View on PACER

3 Declaration Arnold

View on PACER

June 5, 2020 Clearinghouse
26

STIPULATION for Protective Order filed by Plaintiff-petitioner Yonnedil Carror Torres. (Attachments: # 1 Exhibit)(Norman, Sara) (Entered: 06/08/2020)

1 Exhibit

View on PACER

June 8, 2020 PACER
27

Notice of Appearance or Withdrawal of Counsel: for attorney Kate S Shin counsel for Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. Adding Kate S. Shin as counsel of record for YONNEDIL CARROR TORRES; VINCENT REED; FELIX SAMUEL GARCIA; ANDRE BROWN; SHAWN L. FEARS, individually and on behalf of all others similarly situated for the reason indicated in the G-123 Notice. Filed by Plaintiff-Petitioners YONNEDIL CARROR TORRES; VINCENT REED; FELIX SAMUEL GARCIA; ANDRE BROWN; SHAWN L. FEARS, individually and on behalf of all others similarly situated. (Attorney Kate S Shin added to party Andre Brown(pty:pla), Attorney Kate S Shin added to party Yonnedil Carror Torres(pty:pla), Attorney Kate S Shin added to party Shawn L. Fears(pty:pla), Attorney Kate S Shin added to party Felix Samuel Garcia(pty:pla), Attorney Kate S Shin added to party Vincent Reed(pty:pla))(Shin, Kate) (Entered: 06/08/2020)

June 8, 2020 PACER
28

NOTICE OF SUPPLEMENTAL AUTHORITY IN OPPOSITION TO PETITIONERS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Respondents Michael Carvajal, Louis Milusnic. (Attachments: # 1 Exhibit June 8, 2020 order in Wilson v. Ponce)(Staub, Keith) (Entered: 06/09/2020)

1 Exhibit June 8, 2020 order in Wilson v. Ponce

View on PACER

June 9, 2020 PACER
29

OPPOSITION IN OPPOSITION re: EX PARTE APPLICATION to Certify Class (Provisional) 22 filed by Defendants Michael Carvajal, Louis Milusnic. (Staub, Keith) (Entered: 06/09/2020)

June 9, 2020 PACER
30

Notice of Appearance or Withdrawal of Counsel: for attorney Oliver Rocos counsel for Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. Adding Oliver Rocos as counsel of record for YONNEDIL CARROR TORRES; VINCENT REED; FELIX SAMUEL GARCIA; ANDRE BROWN; SHAWN L. FEARS, individually and on behalf of all others similarly situated for the reason indicated in the G-123 Notice. Filed by Plaintiff-Petitioners YONNEDIL CARROR TORRES; VINCENT REED; FELIX SAMUEL GARCIA; ANDRE BROWN; SHAWN L. FEARS, individually and on behalf of all others similarly situated. (Attorney Oliver Rocos added to party Andre Brown(pty:pla), Attorney Oliver Rocos added to party Yonnedil Carror Torres(pty:pla), Attorney Oliver Rocos added to party Shawn L. Fears(pty:pla), Attorney Oliver Rocos added to party Felix Samuel Garcia(pty:pla), Attorney Oliver Rocos added to party Vincent Reed(pty:pla))(Rocos, Oliver) (Entered: 06/09/2020)

June 9, 2020 PACER
31

STIPULATED PROTECTIVE ORDER by Judge Consuelo B. Marshall. See order for details. (shb) (Entered: 06/09/2020)

June 9, 2020 RECAP
32

REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction 18 filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Attachments: # 1 Declaration of Oliver Rocos)(Rim, Naeun) (Entered: 06/09/2020)

1 Declaration of Oliver Rocos

View on PACER

June 9, 2020 PACER
33

NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFF-PETITIONERS' EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed (Attachments: # 1 Exhibit Amended Order)(Shin, Kate) (Entered: 06/11/2020)

1 Exhibit Amended Order

View on PACER

June 11, 2020 PACER
34

REPLY in Support of EX PARTE APPLICATION to Certify Class (Provisional) 22 filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Specter, Donald) (Entered: 06/11/2020)

June 11, 2020 Clearinghouse
35

MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that pursuant to the Judge's directive, the Plaintiff's Ex parte application for Temporary Restraining Order 18 and Plaintiff's Ex parte application for provisional class certification 22 are hereby set for hearing on July 7, 2020 at 11:00 a.m. (shb) (Entered: 06/29/2020)

June 26, 2020 PACER
36

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondents Michael Carvajal, Louis Milusnic. Motion set for hearing on 8/4/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Proposed Order) (Staub, Keith) (Entered: 07/02/2020)

1 Proposed Order

View on PACER

July 2, 2020 Clearinghouse
37

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case 36 . The following error(s) was/were found: The Motion to Dismiss is set for hearing before the Hon. Consuelo B. Marshall and the proposed order indicates that Judge Michael F. Fitzgerald. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 07/06/2020)

July 6, 2020 PACER
38

MINUTES OF TELEPHONIC HEARING RE EX PARTE APPLICATION RE TEMPORARY RESTRAINING ORDER 22 Hearing held before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. The Court is present, via telephone, court and counsel confer regarding the status of the case. Following discussions with the parties, the Court will take the matter under submission. Counsel shall meet and confer and alert the Court if there is anything further for the Court to consider. A written order will issue. Court Reporter: Maria Bustillos. (shb) (Entered: 07/07/2020)

July 7, 2020 PACER
39

Plaintiff-Petitioners' Supplemental Filing in Support of Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction; Declaration of Jimmy Threatt in Support filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed re: EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction 18 (Rim, Naeun) (Entered: 07/08/2020)

July 8, 2020 PACER
40

NOTICE OF SUPPLEMENTAL AUTHORITY; (2) REQUEST FOR JUDICIAL NOTICE; AND (3) OBJECTION TO PETITIONERS' SUPPLEMENTAL DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by RESPONDENTS Michael Carvajal, Louis Milusnic. (Attachments: # 1 Declaration P. Green)(Staub, Keith) (Entered: 07/08/2020)

1 Declaration P. Green

View on PACER

July 8, 2020 PACER
41

NOTICE OF NON-OPPOSITION To Converting July 7 Hearing Re: Temporary Restraining Order To Preliminary Injunction filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Rim, Naeun) (Entered: 07/08/2020)

July 8, 2020 RECAP
42

NOTICE of Non-Opposition to Converting July 7, 2020 Hearing Re: Temporary Restraining Order to Preliminary Injunction and Response to Petitioners' Notice of Non-Opposition [Dkt. No. 41] filed by Respondents Michael Carvajal, Louis Milusnic. (Yang, Jasmin) (Entered: 07/08/2020)

July 8, 2020 RECAP
43

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, 39 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Motions and Related Filings Responses/Replies/Other Motion Related Documents - Select - Supplement (Motion related). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 07/09/2020)

July 9, 2020 PACER
44

MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall re: PLAINTIFF-PETITIONERS' EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION as to Defendant-Respondents, 18 . The Application for Temporary Restraining Order is converted to an Expedited Motion for Preliminary Injunction. The parties shall not file additional evidence or briefs re the TRO/Preliminary Injunction absent leave of Court. The motion for preliminary injunction is deemed submitted. (shb) (Entered: 07/09/2020)

July 9, 2020 PACER
45

ORDER RE: PLAINTIFF - PETITIONERS MOTION FOR PRELIMINARY INJUNCTION, AND EX PARTE APPLICATION FOR PROVISIONAL CLASS CERTIFICATION' 18, 22 by Judge Consuelo B. Marshall: The Court GRANTS Petitioners Motion for Preliminary Injunction and Ex Parte Application for Provisional Class Certification as follows: 1. The Court certifies, on a provisional basis, a class defined as allcurrent and future people in post-conviction custody at FCI Lompoc and USP Lompoc over the age of 50, and all current and future people in post-conviction custody at FCI Lompoc and USP Lompoc of any age with underlying health conditions, including chronic obstructive pulmonary disease; serious heart conditions such as heart failure, coronary artery disease, or cardiomyopathies; Type 2 diabetes; chronic kidney disease; sickle cell disease; immunocompromised state from a solid organ transplant; obesity (body mass index of 30 or higher); asthma; cerebrovascular diseases; cystic fibrosis; hypertension or high blood pressure; immunocompromised state from blood or bone marrow transplant; immune deficiencies, HIV, or those who use corticosteroids, or use other immune weakening medicines; neurologic conditions such as dementia; liver diseases; pulmonary fibrosis; thalassemia; Type 1 diabetes; and smokers (hereinafter, Underlying Health Conditions); 2. No later than July 20, 2020, Respondents shall file under seal a list with the Court which: (a) identifies all members of the class defined in this Order; (b) identifies each class members sentencing court and the criminal case number; and (c) identifies whether the class member has (i) submitted a request for compassionate release, and if so whether a decision has been made as to the request, and (ii) been reviewed for home confinement since March 26, 2020, and if so, whether the inmate has been designated for home confinement; 3. No later than July 22, 2020, Respondents shall file a declaration setting forth the process used to identify the class members in the list filed; 4. No later than July 22, 2020, notify inmates that they are being considered for home confinement and institute a process, including free telephone calls or emails to their families so that inmates can provide Respondents with a plan for release to home confinement, which includes any information about their ability to quarantine for 14 days upon release; 5. No later than July 28, 2020, Respondents shall make full and speedy use of their authority under the CARES Act and evaluate each class members eligibility for home confinement which gives substantial weight to the inmates risk factors for severe illness or death from COVID-19 based on age (over 50) or Underlying Health Conditions; 6. No later than July 29, 2020, Respondents shall file under seal a declaration setting forth a list of class members whom Respondents have determined are eligible for home confinement, and an explanation for each denial of home confinement of any class member, including an explanation of the factual basis for any factors determined to outweigh the danger to the inmate from COVID-19; 7. No later than July 22, 2020, file a declaration setting forth criteria for compassionate release which takes into account COVID-19, and an explanation if no such criteria for compassionate release exists which takes into account COVID-19 as to Lompoc inmates; and 8. No later than August 3, 2020, for any Lompoc inmate who has made a written request for compassionate release based on COVID-19 but has not received a decision, Respondents shall provide written notice of either (a) a referral of the matter in writing with recommendation of approval of the request pursuant to 28 C.F.R. § 571.62, or (b) a denial of the request and copy of the applicable appeal form pursuant to 28 C.F.R. §§ 571.63, 542.15. The Court further orders the parties to meet and confer no later than July 17, 2020 regarding arrangements for a site visit of Lompoc and a process in which Petitioners counsel can confidentially communicate with Petitioners and class members, and file a joint status report re same no later than July 20, 2020. (shb) (Entered: 07/14/2020)

July 14, 2020 Clearinghouse
46

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case 36 filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Rim, Naeun) (Entered: 07/14/2020)

July 14, 2020 Clearinghouse
47

STIPULATION for Protective Order filed by Respondents Michael Carvajal, Louis Milusnic. (Attachments: # 1 Proposed Order)(Yang, Jasmin) (Entered: 07/20/2020)

1 Proposed Order

View on PACER

July 20, 2020 PACER
48

STATEMENT Joint Statement on Site Visit and Process for Communicating with Class Members re: Order on Motion for Temporary Restraining Order,,,,,,,,,,,,,,,,, Order on Motion to Certify Class Action,,,,,,,,,,,,,,,, 45 . (Rim, Naeun) (Entered: 07/20/2020)

July 20, 2020 PACER
49

SEALED DOCUMENT Notice of Filing Lists Identifying Members of Provisional Class re Order on Motion for Temporary Restraining Order,,,,,,,,,,,,,,,,, Order on Motion to Certify Class Action,,,,,,,,,,,,,,,, 45 filed by Defendants Michael Carvajal, Louis Milusnic.(Yang, Jasmin) (Entered: 07/20/2020)

July 20, 2020 PACER
50

DECLARATION of Lawrence Cross re Order on Motion for Temporary Restraining Order,,,,,,,,,,,,,,,,, Order on Motion to Certify Class Action,,,,,,,,,,,,,,,, 45 filed by Defendants Michael Carvajal, Louis Milusnic. (Yang, Jasmin) (Entered: 07/20/2020)

July 20, 2020 PACER
51

DECLARATION of Todd Javernick re Order on Motion for Temporary Restraining Order,,,,,,,,,,,,,,,,, Order on Motion to Certify Class Action,,,,,,,,,,,,,,,, 45 filed by Defendants Michael Carvajal, Louis Milusnic. (Yang, Jasmin) (Entered: 07/20/2020)

July 20, 2020 PACER
52

REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case 36 filed by Defendants Michael Carvajal, Louis Milusnic. (Staub, Keith) (Entered: 07/21/2020)

July 21, 2020 Clearinghouse
53

TRANSCRIPT ORDER as to defendants Michael Carvajal, Louis Milusnic DCN number: R20CACA1141 for Court Reporter. (Han, Chung) (Entered: 07/22/2020)

July 22, 2020 PACER
54

DECLARATION of Christa Colvin re Order on Motion for Temporary Restraining Order,,,,,,,,,,,,,,,,, Order on Motion to Certify Class Action,,,,,,,,,,,,,,,, 45 filed by Defendants Michael Carvajal, Louis Milusnic. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Yang, Jasmin) (Entered: 07/22/2020)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

July 22, 2020 PACER
55

SEALED DOCUMENT Notice of Filing Amended List Identifying Members of Provisional Class at USP Lompoc re Sealed Document, 49, Order on Motion for Temporary Restraining Order,,,,,,,,,,,,,,,,, Order on Motion to Certify Class Action,,,,,,,,,,,,,,,, 45 filed by Defendants Michael Carvajal, Louis Milusnic.(Yang, Jasmin) (Entered: 07/22/2020)

July 22, 2020 PACER
56

DECLARATION of Todd Javernick re Declaration 51 Supplemental filed by Defendants Michael Carvajal, Louis Milusnic. (Yang, Jasmin) (Entered: 07/22/2020)

July 22, 2020 PACER
57

DECLARATION of Gabriel Gutierrez re Order on Motion for Temporary Restraining Order,,,,,,,,,,,,,,,,, Order on Motion to Certify Class Action,,,,,,,,,,,,,,,, 45 filed by Defendants Michael Carvajal, Louis Milusnic. (Yang, Jasmin) (Entered: 07/23/2020)

July 23, 2020 PACER
58

SECOND PROTECTIVE ORDER by Magistrate Judge Pedro V. Castillo re Stipulation for Protective Order 47 . (see document for details) (hr) (Entered: 07/23/2020)

July 23, 2020 RECAP
59

EX PARTE APPLICATION for Order for CONTINUANCE OF PRELIMINARY-INJUNCTION-RELATED DEADLINES; filed by Respondents Michael Carvajal, Louis Milusnic. (Attachments: # 1 Declaration of Melissa Arnold, # 2 Proposed Order) (Thayer, Damon) (Entered: 07/24/2020)

1 Declaration of Melissa Arnold

View on PACER

2 Proposed Order

View on PACER

July 24, 2020 RECAP
60

ORDER GRANTING RESPONDENTS UNOPPOSED EX PARTE APPLICATION FOR CONTINUANCE OF PRELIMINARY-INJUNCTION RELATED DEADLINES, 59 by Judge Consuelo B. Marshall: The Application is GRANTED, and IT IS HEREBY ORDERED that the Courts July 14, 2020 Order re: Plaintiff-Petitioners Motion for Preliminary Injunction, and Ex Parte Application for Provisional Class Certification (Dkt. No. 45) is modified as follows: 1. Respondents July 28, 2020 deadline to evaluate class members iscontinued, on a rolling basis, to August 7 and 14, 2020; 2. Respondents July 29, 2020 declaration-filing deadline is extended to August 19, 2020; and 3. Respondents August 3, 2020 deadline to issue certain written notices is continued, on a rolling basis, to August 6, 13, and 20, 2020. (shb) (Entered: 07/27/2020)

July 27, 2020 RECAP
61

MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: The Court finds that Respondent's motion to dismiss 36, currently scheduled for hearing on August 4, 2020, is appropriate for decision without oral argument. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary on August 4, 2020. A written order will issue. IT IS SO ORDERED. (shb) (Entered: 07/30/2020)

July 30, 2020 PACER
62

Plaintiff-Petitioners' Proposed Expert (Attachments: # 1 Exhibit A)(Norman, Sara) (Entered: 08/05/2020)

1 Exhibit A

View on PACER

Aug. 5, 2020 PACER
63

MINUTE IN CHAMBERS ORDER RE SITE VISIT EXPERT by Judge Consuelo B. Marshall: re: Proposed Rule 706 Expert 62 . Defendant shall file, no later than August 7, 2020 at 12 p.m., an alternative proposed expert for a site visit. A failure to do so by that date and time shall result in the COurt's approval of Plaintiff-Petitioners' proposed expert for a site visit to take place the week of August 10, 2020. IT IS SO ORDERED. (shb) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
64

MINUTE IN CHAMBERS ORDER RE: CORRESPONDENCE FROM/ON BEHALF OF LOMPOC INMATES by Judge Consuelo B. Marshall: Since the Court's July 14, 2020 Order re preliminary injunction, Dkt 45, the Court has received numerous correspondence from Lompoc inmates and persons on their behalf. Upon notification from the Court of said correspondence, Plaintiffs' counsel requested that the correspondence be forwarded to them. Accordingly, the clerk is directed to forward said correspondence to Plaintiffs' counsel. The Court has not retained said copies of said correspondence and will not take action at this time on said correspondence. IT SI SO ORDERED. (shb) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
65

OBJECTIONS to Miscellaneous Document 62 filed by Defendants Michael Carvajal, Louis Milusnic. (Attachments: # 1 Declaration of Paul B Green, # 2 Exhibit A, # 3 Exhibit B)(Staub, Keith) (Entered: 08/07/2020)

1 Declaration of Paul B Green

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

Aug. 7, 2020 PACER
66

MINUTE IN CHAMBERS ORDER REl SITE VISIT EXPERTS by Judge Consuelo B. Marshall: r Plaintiff-Petitioners have proposed Dr. Homer Venters as an expert to perform a site visit of FCC Lompoc the week of August 10, 2020. (Dkt. No. 62). Defendant-Respondents objected to Plaintiff's proposed expert and submitted a counter-proposal. (Dkt. No. 65.) Plaintiff-Petitioner shall file a response to Defendant-Respondents' objection and couunter-proposal no later than 12:00 p.m. on August 10, 2020. IT IS SO ORDERED. (shb) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
67

REPLY in Support of Motion to Appoint Rule 706 Expert filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Specter, Donald) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
68

Notice of Appearance or Withdrawal of Counsel: for attorney Daniel A Beck counsel for Defendants Michael Carvajal, Louis Milusnic. Adding Daniel A. Beck as counsel of record for Louis Milusnic, in his capacity as Warden of Lompoc; Michael Carvajal, in his capacity as Director of the Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Defendants Louis Milusnic, in his capacity as Warden of Lompoc; Michael Carvajal, in his capacity as Director of the Bureau of Prisons. (Attorney Daniel A Beck added to party Michael Carvajal(pty:dft), Attorney Daniel A Beck added to party Louis Milusnic(pty:dft))(Beck, Daniel) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
69

MINUTE IN CHAMBERS ORDER RE: RULE 706 EXPERT by Judge Consuelo B. Marshall: Defendant-Respondents' objection to Plaintiff-Petitioners' proposed Rule 706 Expert is OVERRULED. The Court appoints De. Homer Venters as an expert to conduct a site visit of FCC Lompoc pursuant to Federal Rule of Evidence 706. The site visit shall take place no later than September 4, 2020. The parties shall meet and confer regarding the date, time and arrangements that need to be made for the site visit, and the deadline for Dr. Venters to submit a written report of his observations during the site visit and recommendations he may have to the Court and the parties, ahd submit a stipulation or ex parte application with a proposed order re same no later than August 14, 2020. The Court finds $2500 per day for the site visit as set forth in the Fee Schedule included in Dr. Venters' CV is reasonable compensation pursuant to Rule 706(c). Petitioner shall provide a copy of this Order to Dr. Venters no later than August 14, 2020. IT IS SO ORDERED. See order for further details. (shb) (Entered: 08/12/2020)

Aug. 12, 2020 PACER
70

RESPONSE filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reedto Minutes of In Chambers Order/Directive - no proceeding held,,,, 69 Request for Order Re Site Visit by 706 Expert (Attachments: # 1 Proposed Order Pltfs Proposed Order re Lompoc Site Visit)(Specter, Donald) (Entered: 08/14/2020)

1 Proposed Order Pltfs Proposed Order re Lompoc Site Visit

View on PACER

Aug. 14, 2020 PACER
71

OPPOSITION filed by Defendants Michael Carvajal, Louis Milusnic. (Attachments: # 1 Declaration of Paul B. Green, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Proposed Order)(Green, Paul) (Entered: 08/14/2020)

1 Declaration of Paul B. Green

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

9 Proposed Order

View on PACER

Aug. 14, 2020 PACER
72

STIPULATION for Order RE SITE VISIT BY RULE 706 EXPERT filed by Respondents Michael Carvajal, Louis Milusnic. (Attachments: # 1 Proposed Order)(Beck, Daniel) (Entered: 08/17/2020)

1 Proposed Order

View on PACER

Aug. 17, 2020 PACER
73

EX PARTE APPLICATION for Enlargement of Time to File Declaration Due August 19, 2020 filed by Respondents Michael Carvajal, Louis Milusnic. (Attachments: # 1 Declaration of David Brewer, # 2 Declaration of Jasmin Yang, # 3 Proposed Order) (Yang, Jasmin) (Entered: 08/18/2020)

1 Declaration of David Brewer

View on PACER

2 Declaration of Jasmin Yang

View on PACER

3 Proposed Order

View on PACER

Aug. 18, 2020 PACER
74

ORDER REGARDING SITE VISIT AT FCC LOMPOC, 72 by Judge Consuelo B. Marshall: IT IS ORDERED that: The site inspection shall occur on September 1 and 2, 2020. Upon request by Dr. Venters, Defendant-Respondents will make staff available to answer Dr. Venters questions regarding health care and the institutions Covid-19 response, including health care and custody staff. Dr. Venters may interview other staff encountered on the tour as well. The inspector mayinterview prisoners, with their permission. These interviews may be confidential at the request of Dr. Venters or the prisoner. Dr. Venters will submit a report of his findings by no later than September 30, 2020. The parties may agree on other dates without seeking approval from the Court; provided, however, the parties shall notify the Court of any changes to the deadline for submitting the report. Dr. Venters has been appointed as an expert under Federal Rule of Evidence 706. As such, ex parte communications between Dr. Venters and the parties counsel regarding this case or Lompoc are prohibited. Any communications or calls between Dr. Venters and the parties counsel must include counsel for both Petitioners and Respondents. This limitation does not prevent Dr. Venters from having any discussions with prison staff at Lompoc. See order for further details. (shb) (Entered: 08/18/2020)

Aug. 18, 2020 RECAP
76

MINUTE IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that pursuant to the Judge's directive, the Plaintiff's ex parte 70 is hereby denied as moot in light of the stipulation 72 and Court's order 74 granting the stipulation. IT IS SO ORDERED. (shb) (Entered: 08/19/2020)

Aug. 18, 2020 PACER
75

MEMORANDUM in Opposition to EX PARTE APPLICATION for Enlargement of Time to File Declaration Due August 19, 2020 73 filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Attachments: # 1 Declaration Declaration of Naeun Rim in Support of Opposition, # 2 Exhibit 1 through 4, # 3 Proposed Order)(Rim, Naeun) (Entered: 08/19/2020)

1 Declaration Declaration of Naeun Rim in Support of Opposition

View on PACER

2 Exhibit 1 through 4

View on PACER

3 Proposed Order

View on PACER

Aug. 19, 2020 PACER
77

ORDER RE: RESPONDENTS EX PARTE APPLICATION FOR ENLARGEMENT OF TIME TO FILE DECLARATION, 73 by Judge Consuelo B. Marshall: IT IS HEREBY ORDERED THAT: 1. The Application is GRANTED as follows: 2. No later than August 20, 2020, Defendant-Respondents shall file a declaration containing all narratives explaining home confinement decisions completed to date; 3. No later than August 20, 2020, Defendant-Respondents shall file an exhibit that includes the summary document that Respondents have been using to track the reasons for their home confinement decisions for each class member who has been reviewed to date;4. No later than August 26, 2020, Defendant-Respondents shall to file asupplemental declaration containing the narratives explaining all remaining homeconfinement decisions for class members; and 5. A Status Conference is set for September 1, 2020 AT 12:30 p.m.,regarding Respondents compliance with the Courts Preliminary Injunction Order. The parties shall file a joint status report summarizing all issues to be discussed at the Status Conference no later than 12:30 p.m. on August 28, 2020. (shb) (Entered: 08/19/2020)

Aug. 19, 2020 PACER
78

SEALED DOCUMENT Declaration of Melissa Arnold re Order on Motion for Enlargement of Time to File,,,, 77, Order on Motion for Temporary Restraining Order,,,,,,,,,,,,,,,,, Order on Motion to Certify Class Action,,,,,,,,,,,,,,,, 45 filed by Defendants Michael Carvajal, Louis Milusnic. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Part 1 of 3), # 3 Exhibit B (Part 2 of 3), # 4 Exhibit B (Part 3 of 3))(Yang, Jasmin) (Entered: 08/20/2020)

Aug. 20, 2020 PACER
79

SEALED DOCUMENT Declaration of Theresa Leyvas re Order on Motion for Enlargement of Time to File,,,, 77, Order on Motion for Temporary Restraining Order,,,,,,,,,,,,,,,,, Order on Motion to Certify Class Action,,,,,,,,,,,,,,,, 45 filed by Defendants Michael Carvajal, Louis Milusnic. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Yang, Jasmin) (Entered: 08/26/2020)

Aug. 26, 2020 PACER
80

MINUTE IN CHAMBERS ORDER RE CORRESPONDENCE FROM/ON BEHALF OF LOMPOC INMATES by Judge Consuelo B. Marshall: The Court has received additional correspondence from Lompoc inmates and/or persons on or behalf since the Court's August 6, 2020 order (Dkt No. 64). Pursuant to Plaintiffs' counsel prior request that correspondence from Lompoc inmates and/or persons on their behalf be forward to them, the clerk is directed to forward said additional correspondence to Plaintiffs' counsel. The Court has not retained copies of said correspondence and will not take action at this tome on said correspondence. IT IS SO ORDERED. (shb) (Entered: 08/27/2020)

Aug. 27, 2020 PACER
81

MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that the Status Conference set for September 1, 2020 will be as a video conference on September 1, 2020 at 12:30 p.m. The parties will be contacted by out IT Department with more information. IT IS SO ORDERED. (shb) (Entered: 08/27/2020)

Aug. 27, 2020 PACER
82

SEALED DOCUMENT Notice of Errata Re Declaration of Theresa Leyva re Sealed Document, 79, Order on Motion for Enlargement of Time to File,,,, 77 filed by Defendants Michael Carvajal, Louis Milusnic.(Yang, Jasmin) (Entered: 08/27/2020)

Aug. 27, 2020 PACER
83

STIPULATION for Protective Order filed by defendants Michael Carvajal, Louis Milusnic. (Attachments: # 1 Proposed Protective Order Re: Production of Inmate Health Records to Court-Appointed Expert)(Green, Paul) (Entered: 08/28/2020)

1 Proposed Protective Order Re: Production of Inmate Health Records to Court-Appo

View on PACER

Aug. 28, 2020 PACER
84

STATUS REPORT (Joint) filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Rim, Naeun) (Entered: 08/28/2020)

Aug. 28, 2020 PACER
85

PROTECTIVE ORDER by Magistrate Judge Pedro V. Castillo re Stipulation for Protective Order 83 . (see document for details) (hr) (Entered: 08/28/2020)

Aug. 28, 2020 RECAP
86

MINUTES OF VIDEO HEARING RE STATUS CONFERENCE held before Judge Consuelo B. Marshall. Following discussions with the parties, the Court orders the parties to meet and confer re the special master and the exchange list of proposed special masters no later than September 8, 2020. The parties shall file a stipulation or proposed list of special masters no later than September 10, 2020. Court Reporter: Maria Bustillos, via video. (lom) (Entered: 09/04/2020)

Sept. 1, 2020 PACER
87

SEALED DOCUMENT Supplemental Declaration of Theresa Leyvas re Order on Motion for Enlargement of Time to File,,,, 77, Order on Motion for Temporary Restraining Order,,,,,,,,,,,,,,,,, Order on Motion to Certify Class Action,,,,,,,,,,,,,,,, 45 filed by Defendants Michael Carvajal, Louis Milusnic. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Yang, Jasmin) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
88

SEALED DOCUMENT Notice of Errata re Declaration of Theresa Leyva re Order on Motion for Temporary Restraining Order,,,,,,,,,,,,,,,,, Order on Motion to Certify Class Action,,,,,,,,,,,,,,,, 45, Sealed Document, 79, Order on Motion for Enlargement of Time to File,,,, 77 filed by Defendants Michael Carvajal, Louis Milusnic.(Yang, Jasmin) (Entered: 09/04/2020)

Sept. 4, 2020 PACER
89

EX PARTE APPLICATION for Order for GRANTING RESPONDENTS EX PARTE APPLICATION RE: BRIEFING DISPUTED ISSUES TO THE SPECIAL MASTER filed by Respondents Michael Carvajal, Louis Milusnic. (Attachments: # 1 Declaration of Daniel A. Beck, # 2 Proposed Order) (Beck, Daniel) (Entered: 09/09/2020)

1 Declaration of Daniel A. Beck

View on PACER

2 Proposed Order

View on PACER

Sept. 9, 2020 PACER
90

OPPOSITION to EX PARTE APPLICATION for Order for GRANTING RESPONDENTS EX PARTE APPLICATION RE: BRIEFING DISPUTED ISSUES TO THE SPECIAL MASTER 89 filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Attachments: # 1 Proposed Order)(Rim, Naeun) (Entered: 09/09/2020)

1 Proposed Order

View on PACER

Sept. 9, 2020 PACER
91

MINUTES IN CHAMBERS - ORDER RE: RESPONDENTS' EX PARTE APPLICATION RE: BRIEFING DISPUTED ISSUES TO THE SPECIAL MASTER 89 by Judge Consuelo B. Marshall. The matter before the Court is Respondents' Ex Parte Application re: Briefing Disputed Issues to the Special Master (the "Application"). (Dkt. No. 89 .) Petitioners filed an opposition to the Application. (Dkt. No 90 .) Respondents' Application is premature. No special master has been appointed in this case. Accordingly, the Application is DENIED without prejudice. (lom) Modified on 9/10/2020 (lom). (Entered: 09/10/2020)

Sept. 10, 2020 PACER
92

Respondents' Submission Re: Proposed Special Masters and Proposed Scope and Powers of Special Master re: Status Conference - optional html form, 86 (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Yang, Jasmin) (Entered: 09/10/2020)

1 Exhibit A

View on PACER

2 Proposed Order

View on PACER

Sept. 10, 2020 RECAP
93

NOTICE OF MOTION AND MOTION to Enforce Compliance with Preliminary Injunction and for Order to Show Cause; Declaration of Naeun Rim filed by Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. Motion set for hearing on 10/6/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Proposed Order) (Rim, Naeun) (Entered: 09/10/2020)

1 Proposed Order

View on PACER

Sept. 10, 2020 RECAP
94

EX PARTE APPLICATION for Order for Shorten Time Re: Motion to Enforce Compliance with Preliminary Injunction and for Order to Show Cause filed by Plaintiff-Petitioners Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Attachments: # 1 Proposed Order) (Rim, Naeun) (Entered: 09/10/2020)

1 Proposed Order

View on PACER

Sept. 10, 2020 PACER
95

Proposal Regarding Special Master filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed (Attachments: # 1 Exhibit Attachments A-F, # 2 Proposed Order)(Norman, Sara) (Entered: 09/10/2020)

1 Exhibit Attachments A-F

View on PACER

2 Proposed Order

View on PACER

Sept. 10, 2020 PACER
96

MINUTES IN CHAMBERS - ORDER RE: PLAINTIFF-PETITIONERS' EX PARTE APPLICATION TO SHORTEN TIME RE: MOTION TO ENFORCE COMPLIANCE WITH PRELIMINARY INJUNCTION AND FOR ORDER TO SHOW CAUSE 94 by Judge Consuelo B. Marshall. The Application is DENIED. The hearing on the Motion to Enforce Compliance with Preliminary Injunction and For Order to Show Cause (Dkt. No. 93 (the "Motion")), shall take place (if necessary) on the noticed hearing date of October 6, 2020 at 10:00 a.m. The briefing re: the Motion shall be due as follows: 1. Opposition to the Motion shall be filed no later than September 15, 2020; and2. Reply to the Motion, if any, shall be filed no later than September 21, 2020. IT IS SO ORDERED. (lom) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
97

OBJECTIONS to Order on Motion for Order,, 96 Respondents' Objection to Order re: Plaintiff-Petitioners' Ex Parte Application to Shorten Time Re: Motion to Enforce Compliance with Preliminary Injunction and for Order to Show Cause filed by Defendants Michael Carvajal, Louis Milusnic. (Yang, Jasmin) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
98

Respondents' Opposition to Petitioners' Motion to Enforce Compliance with Preliminary Injunction and For Order to Show Cause Opposition re: NOTICE OF MOTION AND MOTION to Enforce Compliance with Preliminary Injunction and for Order to Show Cause; Declaration of Naeun Rim 93 filed by Defendants Michael Carvajal, Louis Milusnic. (Attachments: # 1 Declaration of Melissa Arnold)(Yang, Jasmin) (Entered: 09/15/2020)

1 Declaration of Melissa Arnold

View on PACER

Sept. 15, 2020 PACER
99

ORDER RE: RESPONDENTS MOTION TO DISMISS UNDER FED. R. CIV. P. 12(B)(1) AND12(B)(6) 36, by Judge Consuelo B. Marshall: the Court DENIES Respondents Petitioners Motion to Dismiss Under Fed. R. Civ. P. 12(b)(1) and 12(b)(6). IT IS SO ORDERED. (shb) (Entered: 09/18/2020)

Sept. 18, 2020 Clearinghouse
100

REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Enforce Compliance with Preliminary Injunction and for Order to Show Cause; Declaration of Naeun Rim 93 filed by Plaintiffs Andre Brown, Yonnedil Carror Torres, Shawn L. Fears, Felix Samuel Garcia, Vincent Reed. (Lee, Jumin) (Entered: 09/18/2020)

Sept. 18, 2020 PACER

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 16, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five individuals held at Lompoc, a low-security prison. The provisional class is "all current and future people in post-conviction custody at FCI Lompoc and USP Lompoc over the age of 50, and all current and future people in post-conviction custody at FCI Lompoc and USP Lompoc of any age with underlying health conditions."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Prison Law Office

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Warden of Lompoc, Federal

Director of the Bureau of Prisons, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Medical care, unspecified

COVID-19:

Mitigation Denied

Mitigation Granted

Mitigation Requested

Population-Medically vulnerable

Population reduction/cap

Release Granted

Release granted-group

Release granted-individual

Release-process created/modified

Release Requested

Type of Facility:

Government-run