Case: Wilson v. Ponce

American Civil Liberties Union

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff-Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Rim, Naeun) (Entered: 05/16/2020)

CERTIFICATE of Interested Parties filed by Plaintiff-Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson, (Attachments: # 1 Attachment A)(Rim, Naeun) (Entered: 05/16/2020)

1 Attachment A

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CIVIL COVER SHEET filed by Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Rim, Naeun) (Entered: 05/16/2020)

COMPLAINT Receipt No: ACACDC-26467659 - Fee: $400, filed by Plaintiff-Petitioners Lance Aaron Wilson, Edgar Vasquez, Maurice Smith. (Attorney Naeun Rim added to party Maurice Smith(pty:pet), Attorney Naeun Rim added to party Edgar Vasquez(pty:pet), Attorney Naeun Rim added to party Lance Aaron Wilson(pty:pet))(Rim, Naeun) (Entered: 05/16/2020)

ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 19-03 -Related Case- filed. Related Case No: 5:20-cv-00768 TJH(PVC). Case referred from Magistrate Judge Michael R. Wilner to Magistrate Judge Pedro V. Castillo for 194. The case number will now read as follows: 2:20-cv-04451 TJH(PVC). Signed by Magistrate Judge Pedro V. Castillo. (rn) (Entered: 05/19/2020)

NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Dean D. Pregerson and referred to Magistrate Judge Michael R. Wilner, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (jtil) (Entered: 05/19/2020)

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)

NOTICE OF CLERICAL ERROR: Upon further review, a determination has been made that this case is not appropriate for the issuance of a report and recommendation by a magistrate judge pursuant to General Order 05-07. Accordingly, all filings should be directed to Judge Pregerson. Magistrate Judge Pedro Castillo will remain assigned for discovery matters. The case will now reflect the initials of the transferee Judge 2:20-cv-04451 DDP(PVCx). (rn) (Entered: 05/22/2020)

EX PARTE APPLICATION to Exceed Page Limitation on Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Attachments: # 1 Proposed Order) (Rim, Naeun) (Entered: 05/21/2020)

1 Proposed Order

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Notice of Appearance or Withdrawal of Counsel: for attorney Jasmin Yang counsel for Respondents Michael Carvajal, Felicia L. Ponce. Adding Jasmin Yang as counsel of record for Felicia L. Ponce, in her capacity as Warden of Terminal Island, Michael Carvajal in his capacity as Director of the Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Respondents Felicia L. Ponce, in her capacity as Warden of Terminal Island, Michael Carvajal in his capacity as Director of the Bureau of Prisons. (Attorney Jasmin Yang added to party Michael Carvajal(pty:res), Attorney Jasmin Yang added to party Felicia L. Ponce(pty:res))(Yang, Jasmin) (Entered: 05/22/2020)

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

Notice of Appearance or Withdrawal of Counsel: for attorney Chung Hae Han counsel for Respondents Michael Carvajal, Felicia L. Ponce. Adding Chung H. Han as counsel of record for Felicia L. Ponce, Warden, Terminal Island; and Michael Carvajal, Director, Federal Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Chung H. Han Felicia L. Ponce and Michael Carvajal. (Attorney Chung Hae Han added to party Michael Carvajal(pty:res), Attorney Chung Hae Han added to party Felicia L. Ponce(pty:res))(Han, Chung) (Entered: 05/22/2020)

ORDER GRANTING EX PARTE APPLICATION TO INCREASE PAGE LIMIT ON EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION; ORDER SETTING BRIEFING SCHEDULE 9 by Judge Michael W. Fitzgerald. The page limit for Petitioners' Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction is 65 pages. The government's Opposition to the TRO Application shall be filed no later than May 27, 2020. (iv) (Entered: 05/22/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Keith M Staub counsel for Respondents Michael Carvajal, Felicia L. Ponce. Adding Keith M. Staub as counsel of record for Felicia L. Ponce, in her capacity as Warden of Terminal Island;Michael Carvajal, in his capacity as Director of the Bureau of Prisons. for the reason indicated in the G-123 Notice. Filed by Respondents Felicia L. Ponce, in her capacity as Warden of Terminal Island;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:res), Attorney Keith M Staub added to party Felicia L. Ponce(pty:res))(Staub, Keith) (Entered: 05/22/2020)

1 Proof of Service

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ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Dean D. Pregerson to Judge Michael W. Fitzgerald for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-04451 MWF(PVCx). (rn) (Entered: 05/22/2020)

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Consuelo B. Marshall, for the reasons set forth on this order. Related Case No. 2:20-cv-04450 CBM(PVCx) (rn) (Entered: 05/22/2020)

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendants Michael Carvajal and Felicia L. Ponce. (jtil) (Entered: 05/22/2020)

EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Attachments: # 1 Declaration of Naeun Rim, # 2 Declaration of Jimmy Threatt, # 3 Proposed Order) (Rim, Naeun) (Entered: 05/22/2020)

1 Declaration of Naeun Rim

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2 Declaration of Jimmy Threatt

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3 Proposed Order

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Notice of Appearance or Withdrawal of Counsel: for attorney Damon A Thayer counsel for Respondents Michael Carvajal, Felicia L. Ponce. 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)(Attorney Damon A Thayer added to party Michael Carvajal(pty:res), Attorney Damon A Thayer added to party Felicia L. Ponce(pty:res))(Thayer, Damon) (Entered: 05/26/2020)

1 Proof of Service

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EX PARTE APPLICATION to Expedite Discovery Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Attachments: # 1 Proposed Order (MWF), # 2 Proposed Order (MRW)) (Rim, Naeun) (Entered: 05/27/2020)

1 Proposed Order (MWF)

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2 Proposed Order (MRW)

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DECLARATION of Ronell Prioleau re Objection/Opposition (Motion related), 24 in support of Respondents' Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) (Entered: 05/27/2020)

DECLARATION of Rosita Leen re Objection/Opposition (Motion related), 24 in support of Respondents' Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) (Entered: 05/27/2020)

DECLARATION of Joel Roman re Objection/Opposition (Motion related), 24 in support of Respondents' Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) (Entered: 05/27/2020)

DECLARATION of Marciela Bugarin re Objection/Opposition (Motion related), 24 in support of Respondents' Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) (Entered: 05/27/2020)

OPPOSITION IN OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction 10 filed by Respondents Michael Carvajal, Felicia L. Ponce. (Staub, Keith) (Entered: 05/27/2020)

MINUTES (IN CHAMBERS) ORDER REGARDING BRIEFING SCHEDULING FOR PLAINTIFFS' EX PARTE APPLICATION by Judge Michael W. Fitzgerald. The Court GRANTS the extension requested by counsel for Plaintiffs. Opposition shall be filed on or before June 1, 2020 by 5:00 p.m. (iv) (Entered: 05/27/2020)

EX PARTE APPLICATION to Certify Class (Provisional) filed by Plaintiff-Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Attachments: # 1 Declaration of Naeun Rim, # 2 Declaration of Peter Eliasberg, # 3 Declaration of Donald Specter, # 4 Proposed Order) (Rim, Naeun) (Entered: 05/27/2020)

1 Declaration of Naeun Rim

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2 Declaration of Peter Eliasberg

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3 Declaration of Donald Specter

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4 Proposed Order

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ORDER TRANSFERRING CIVIL ACTION pursuant to General Order 05-07. ORDER case transferred from Magistrate Judge Pedro V. Castillo to the calendar of Magistrate Judge Michael R. Wilner for any discovery matters that are or may be referred by the district judge. The case number will now reflect the initials of the transferee Judge 2:20-cv-04451 MWF(MRWx). Signed by Magistrate Judge Michael R. Wilner and Magistrate Judge Pedro V. Castillo. (rn) (Entered: 05/27/2020)

OPPOSITION re: EX PARTE APPLICATION to Expedite Discovery 29 filed by Respondents Michael Carvajal, Felicia L. Ponce. (Staub, Keith) (Entered: 06/01/2020)

OPPOSITION re: EX PARTE APPLICATION to Certify Class (Provisional) 22 filed by Respondents Michael Carvajal, Felicia L. Ponce. (Staub, Keith) (Entered: 06/01/2020)

REPLY in Support of EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction 10 filed by Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Attachments: # 1 Declaration of Shoshana E. Bannett)(Rim, Naeun) (Entered: 06/01/2020)

1 Declaration of Shoshana E. Bannett

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REPLY in Support of Motion EX PARTE APPLICATION to Certify Class (Provisional) 22 filed by Petitioner Lance Aaron Wilson. (Specter, Donald) (Entered: 06/03/2020)

STIPULATION for Protective Order filed by Plaintiff-petitioner Lance Aaron Wilson. (Attachments: # 1 Proposed Order)(Norman, Sara) (Entered: 06/04/2020)

1 Proposed Order

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STIPULATED PROTECTIVE ORDER 34 by Judge Michael W. Fitzgerald. SEE ORDER FOR DETAILS. (iv) (Entered: 06/05/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Kate S Shin counsel for Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. Adding Kate S. Shin as counsel of record for LANCE AARON WILSON; MAURICE SMITH; EDGAR VASQUEZ, individually and on behalf of all others similarly situated for the reason indicated in the G-123 Notice. Filed by Plaintiff-Petitioners LANCE AARON WILSON; MAURICE SMITH; EDGAR VASQUEZ, individually and on behalf of all others similarly situated. (Attorney Kate S Shin added to party Maurice Smith(pty:pet), Attorney Kate S Shin added to party Edgar Vasquez(pty:pet), Attorney Kate S Shin added to party Lance Aaron Wilson(pty:pet))(Shin, Kate) (Entered: 06/08/2020)

SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, a TELEPHONIC HEARING RE EX PARTE APPLICATION FOR TRO AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION is set for 6/12/2020 at 11:00 AM before Judge Michael W. Fitzgerald. Conference Call number (877) 411-9748; Access Code: 6448503. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 06/08/2020)

MINUTES (In Chambers): ORDER DENYING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION 10 by Judge Michael W. Fitzgerald. The TRO Application is DENIED on the sole ground that a writ of habeas corpus, the only asserted ground for the TRO Application, does not encompass the requested relief. See minute order for details. (lom) (Entered: 06/08/2020)

Text Only Scheduling Notice

Notice of Appearance or Withdrawal of Counsel: for attorney Oliver Rocos counsel for Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. Adding Oliver Rocos as counsel of record for LANCE AARON WILSON; MAURICE SMITH; EDGAR VASQUEZ, individually and on behalf of all others similarly situated for the reason indicated in the G-123 Notice. Filed by Plaintiff-Petitioners LANCE AARON WILSON; MAURICE SMITH; EDGAR VASQUEZ, individually and on behalf of all others similarly situated. (Attorney Oliver Rocos added to party Maurice Smith(pty:pet), Attorney Oliver Rocos added to party Edgar Vasquez(pty:pet), Attorney Oliver Rocos added to party Lance Aaron Wilson(pty:pet))(Rocos, Oliver) (Entered: 06/09/2020)

MINUTES (IN CHAMBERS) AMENDED ORDER DENYING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION 10 Re: Order 36 by Judge Michael W. Fitzgerald. The TRO Application is DENIED on the sole ground that a writ of habeas corpus, the only asserted ground for the TRO Application, does not encompass the requested relief. (iv) (Entered: 06/11/2020)

NOTICE OF SUPPLEMENTAL AUTHORITY filed by RESPONDENTS Michael Carvajal, Felicia L. Ponce. (Attachments: # 1 Exhibit A)(Staub, Keith) (Entered: 06/10/2020)

1 Exhibit A

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MINUTES OF TELEPHONIC HEARING RE EX PARTE APPLICATION FOR TRO AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION held before Judge Michael W. Fitzgerald. For the reasons stated on the record, the parties are ordered to file a document by June 17, 2020 at 5 p.m. with a proposed plan. The Court will set another telephonic hearing on June 19, 2020. Court Reporter: Amy Diaz. (iv) (Entered: 06/12/2020)

SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion after conferring with counsel on June 12, 2020, a Further TELEPHONIC HEARING RE EX PARTE APPLICATION FOR TRO AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION is set for 6/19/2020 at 11:00 AM before Judge Michael W. Fitzgerald. Conference Call number (877) 411-9748; Access Code: 6448503. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 06/12/2020)

SCHEDULING NOTICE by Judge Michael W. Fitzgerald. The parties are ORDERED to meet and confer and then file by no later than June 17, 2020, at 5:00 p.m., a single document containing the following information: (1) a proposed briefing schedule in regard to injunctive relief based on the second claim for violations of the Eighth Amendment; (2) the discovery that is already provided on which the parties have agreed; and (3) the proposed expedited discovery plans of the parties, to the extent they cannot agree. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 06/12/2020)

Text Only Scheduling Notice

TRANSCRIPT ORDER as to Plaintiff-Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson for Court Reporter. Court will contact Rebekah Flores at rflores@birdmarella.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Rim, Naeun) (Entered: 06/15/2020)

STATEMENT Joint Statement on Proposed Briefing Schedule and Expedited Discovery filed by Respondents Michael Carvajal, Felicia L. Ponce, Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson (Attachments: # 1 Exhibit A)(Rim, Naeun) (Entered: 06/17/2020)

1 Exhibit A

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MINUTES OF TELEPHONIC HEARING RE EX PARTE APPLICATION FOR TRO AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. Counsel discuss proposed briefing schedule and proposed expedited discovery. An order will issue. Court Reporter: Amy Diaz. (iv) (Entered: 06/22/2020)

MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction 10 (Supplemental) filed by Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Rim, Naeun) (Entered: 06/22/2020)

MINUTES (IN CHAMBERS) ORDER RE: PROPOSED BRIEFING SCHEDULE AND EXPEDITED DISCOVERY 46 by Judge Michael W. Fitzgerald. Petitioners may file a Supplemental TRO Brief by no later than June 22, 2020, and Respondents may file an Opposition to the Supplemental TRO Brief by no later than June 25, 2020. Respondents shall respond to Interrogatories 1-19 set forth in Petitioners' Ex Parte Application for Expedited Discovery by no later than June 24, 2020. Respondents shall further respond to Interrogatories 20 and 21, by no later than June 26, 2020. Petitioners' request for the production of additional document requests, as outlined on pages 11-12 of the Joint Statement, is DENIED. The parties are ORDERED to further meet and confer regarding outstanding discovery issues, including the appointment of the inspector. Should the parties not be able to agree on an inspector for the site visit, the parties may each submit two names by no later than June 26, 2020 and the Court will appoint the inspector. (iv) (Entered: 06/22/2020)

DECLARATION of Todd Javernick re Motion Related Document, 50 in support of Respondents' Supplemental Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) (Entered: 06/25/2020)

RESPONDENTS' SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION re EX PARTE APPLICATION for Temporary Restraining Order as to Defendant-Respondents and Order to Show Cause re: Preliminary Injunction 10 filed by Respondents Michael Carvajal, Felicia L. Ponce. (Attachments: # 1 Exhibit "A")(Han, Chung) (Entered: 06/25/2020)

1 Exhibit "A"

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RESPONDENTS SUBMISSION OF A NEUTRAL INSPECTOR PURSUANT TO COURTS ORDER filed by Respondents Michael Carvajal, Felicia L. Ponce re: Minutes of In Chambers Order/Directive - no proceeding held,,,, 48 (Attachments: # 1 Exhibit 1-Linda M. Follenweider CV, # 2 Exhibit 2-Letter from Cook County)(Staub, Keith) (Entered: 06/26/2020)

1 Exhibit 1-Linda M. Follenweider CV

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2 Exhibit 2-Letter from Cook County

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Plaintiff-Petitioners' Proposed Experts (Attachments: # 1 Exhibit Attachments A-D)(Norman, Sara) (Entered: 06/26/2020)

NOTICE of Filing Original Signature Page of Declaration of Todd Javernick in support of Respondents' Supplemental Memorandum in support of Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) (Entered: 06/26/2020)

NOTICE OF MOTION AND MOTION to Dismiss Case Under Fed.R.Civ.P.12(b)(1) and 12(b)(6); Memorandum of Points and Authorities filed by Respondents Michael Carvajal, Felicia L. Ponce. Motion set for hearing on 7/27/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Proposed Order) (Han, Chung) (Entered: 06/29/2020)

1 Proposed Order

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OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case Under Fed.R.Civ.P.12(b)(1) and 12(b)(6); Memorandum of Points and Authorities 55 filed by Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Rim, Naeun) (Entered: 07/06/2020)

REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case Under Fed.R.Civ.P.12(b)(1) and 12(b)(6); Memorandum of Points and Authorities 55 filed by Respondents Michael Carvajal, Felicia L. Ponce. (Han, Chung) (Entered: 07/13/2020)

MINUTES (IN CHAMBERS) ORDER RE: SUPPLEMENTAL MEMORANDUM IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION 49 by Judge Michael W. Fitzgerald. The Supplemental TRO Application is DENIED in part. (iv) (Entered: 07/14/2020)

NOTICE OF FILING TRANSCRIPT filed for proceedings June 20, 2020 re Transcript 59 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY (Entered: 07/15/2020)

TRANSCRIPT for proceedings held on June 20, 2020. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amyfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/5/2020. Redacted Transcript Deadline set for 8/17/2020. Release of Transcript Restriction set for 10/13/2020. (Diaz, Amy) (Entered: 07/15/2020)

Notice of Filing Transcript

SCHEDULING NOTICE by Judge Michael W. Fitzgerald. Pursuant to the Central District of California's Continuity of Operations Plan (COOP) and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds the RESPONDENTS' MOTION TO DISMISS 55 appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for July 27, 2020 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 07/22/2020)

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff-Petitioner Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. Appeal of Order on Motion for Temporary Restraining Order, 36 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-27393987.) (Attachments: # 1 Exhibit A - Order)(Rim, Naeun) (Entered: 07/28/2020)

1 Exhibit A - Order

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NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55760 assigned to Notice of Appeal to 9th Circuit Court of Appeals 62 as to Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (et) (Entered: 07/30/2020)

Joint STIPULATION for Order To Seal Previously Filed Document [Dkt No. 53-1] filed by Plaintiff-Petitioner Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Attachments: # 1 Proposed Order)(Rim, Naeun) (Entered: 07/29/2020)

1 Proposed Order

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First AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiff-Petitioner Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. Amending Notice of Appeal to 9th Circuit Court of Appeals, 62 Filed On: 07/28/2020; Entered On: 07/29/2020; (Attachments: # 1 Exhibit A - [Dkt 36] Order, # 2 Exhibit B - [Dkt 41] Minute Order)(Rim, Naeun) (Entered: 07/30/2020)

1 Exhibit A - [Dkt 36] Order

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2 Exhibit B - [Dkt 41] Minute Order

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ORDER GRANTING JOINT STIPULATION TO SEAL PREVIOUSLY-FILED DOCUMENT 63 by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED THAT the request to seal the Attachment 1 to Docket No. 53 only (No. 53-1) and remove it from public view is GRANTED. (lom) (Entered: 07/30/2020)

DESIGNATION of Record on Appeal by Petitioners-Appellants Maurice Smith, Edgar Vasquez, Lance Aaron Wilson re 66 (Rim, Naeun) (Entered: 08/04/2020)

TRANSCRIPT ORDER re: Court of Appeals case number 20-55760, as to Petitioners-Appellants Maurice Smith, Edgar Vasquez, Lance Aaron Wilson for Court Reporter. Court will contact Rebekah Flores at rflores@birdmarella.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Rim, Naeun) (Entered: 08/04/2020)

NOTICE OF FILING TRANSCRIPT filed for proceedings June 19, 2020 re Transcript 69 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY (Entered: 08/18/2020)

TRANSCRIPT for proceedings held on June 19, 2020. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amyfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/8/2020. Redacted Transcript Deadline set for 9/18/2020. Release of Transcript Restriction set for 11/16/2020. (Diaz, Amy) (Entered: 08/18/2020)

Notice of Filing Transcript

Second STIPULATION for Protective Order filed by Respondents Michael Carvajal, Felicia L. Ponce. (Attachments: # 1 Proposed Order)(Staub, Keith) (Entered: 08/20/2020)

1 Proposed Order

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Notice of Appearance or Withdrawal of Counsel: for attorney Daniel A Beck counsel for Respondents Michael Carvajal, Felicia L. Ponce. Adding Daniel A. Beck as counsel of record for Felicia L. Ponce, in her capacity as Warden of Terminal Island; Michael Carvajal, in his capacity as Director of the Bureau of Prisons for the reason indicated in the G-123 Notice. Filed by Respondents Felicia L. Ponce, in her capacity as Warden of Terminal Island; Michael Carvajal, in his capacity as Director of the Bureau of Prisons. (Attorney Daniel A Beck added to party Michael Carvajal(pty:res), Attorney Daniel A Beck added to party Felicia L. Ponce(pty:res))(Beck, Daniel) (Entered: 08/21/2020)

PROTECTIVE ORDER RE: PRODUCTION OF INMATE HEALTH RECORDS TO COURT APPOINTED NEUTRAL by Magistrate Judge Michael R. Wilner. re Stipulation for Protective Order 71 (vm) (Entered: 08/21/2020)

NOTICE OF FILING OF FRE 706 REPORT of Dr. Michael Rowe filed by Respondents Michael Carvajal, Felicia L. Ponce. (Attachments: # 1 Report of Dr. Michael Rowe)(Green, Paul) (Entered: 08/24/2020)

1 Report of Dr. Michael Rowe

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SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, a Telephone Status Conference is set for 9/16/2020 at 11:30 AM before Judge Michael W. Fitzgerald. Counsel shall use the following dial-in information: Number: (877) 411-9748 and Access Code: 6448503. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 09/09/2020)

Text Only Scheduling Notice

MINUTES OF TELEPHONIC STATUS CONFERENCE RE MOTION TO DISMISS 55 held before Judge Michael W. Fitzgerald. The Court hears from counsel. For reasons stated on the record, the Court orders counsel to meet and confer. A further order will issue. Court Reporter: Amy Diaz. (iv) (Entered: 09/21/2020)

ORDER by Judge Michael W. Fitzgerald. By no later than 9/23/2020, the parties are ORDERED to meet and confer to agree on appointment of a mediator, and Petitioners are ORDERED to send Respondents a list of demands. The list of demands will be deemed a settlement document and should not be filed with the Court. The Petitioners are FURTHER ORDERED to submit to the Court a joint proposal for appointment of a mediator by 9/25/2020. The hearing on Petitioners' Supplemental TRO Application 49 is CONTINUED to 10/14/2020 at 10:00 a.m. The Clerk will provide the call-in information to the parties prior to the hearing date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY (Entered: 09/17/2020)

NOTICE OF SUPPLEMENTAL AUTHORITIES IN SUPPORT OF PLAINTIFF-PETITIONERS' OPPOSITION TO DEFENDANT-RESPONDENTS' MOTION TO DISMISS re NOTICE OF MOTION AND MOTION to Dismiss Case Under Fed.R.Civ.P.12(b)(1) and 12(b)(6); Memorandum of Points and Authorities 55 filed by Petitioners Maurice Smith, Edgar Vasquez, Lance Aaron Wilson. (Rim, Naeun) (Entered: 09/17/2020)

Text Only Scheduling Notice

Joint Proposal for Appointment of Mediator re: Text Only Scheduling Notice,, 77 (Attachments: # 1 Exhibit Attachments A-D)(Norman, Sara) (Entered: 09/25/2020)

1 Exhibit Attachments A-D

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MINUTES (IN CHAMBERS) ORDER APPOINTING MEDIATOR AND APPORTIONING FEES by Judge Michael W. Fitzgerald. The Honorable Andrew J. Guilford is appointed to serve as the mediator. The parties shall file a Joint Status Report every thirty days commencing October 30, 2020, or within ten days of completion of mediation, whichever occurs first. (iv) (Entered: 09/30/2020)

SCHEDULING NOTICE by Judge Michael W. Fitzgerald. The hearing on TELEPHONIC PLAINTIFF-PETITIONERS EX PARTE APPLICATION FOR TREMPARARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION-SUPPLEMENTAL 49 is set for October 14, 2020 at 10:00 a.m. Counsel shall use the following dial-in information: Number: (877) 411-9748; Access Code: 6448503. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 10/09/2020)

Text Only Scheduling Notice

ORDER by Judge Michael W. Fitzgerald. In light of the Court's appointment of The Hon. Andrew J. Guilford to serve as the mediator in this action on 9/29/2020, and to permit the parties and Judge Guilford sufficient time to schedule and conduct a mediation, the Court, on its own motion, CONTINUES the Telephonic Status Conference from 10/14/2020 to 11/10/2020, at 10:00 a.m. The Court's requirement (see 80 ) for a Joint Status Report every 30 days or within 10 days of completion of mediation, whichever occurs first, commencing 10/30/2020, remains in effect. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY (Entered: 10/13/2020)

Text Only Scheduling Notice

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 62 filed by Edgar Vasquez, Lance Aaron Wilson, Maurice Smith. CCA # 20-55760. This appeal is dismissed. This order served on the district court shall act as and for the mandate for this court. (iv) (Entered: 10/20/2020)

STATUS REPORT re Mediation filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) (Entered: 10/30/2020)

SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. On the Court's own motion and after further consideration, the Telephonic Status Conference set for November 10, 2020 is VACATED. Counsel shall continue to file their Joint Status Reports as previously ordered. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 11/09/2020)

SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Counsel shall use the following dial-in information for the Telephonic Status Conference set on November 10, 2020 at 10:00 a.m. Number: (877) 411-9748 and Access Code: 6448503. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 11/09/2020)

Text Only Scheduling Notice

STATUS REPORT re Mediation filed by Respondents Michael Carvajal, Felicia L. Ponce. (Yang, Jasmin) (Entered: 11/30/2020)

SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion and in light of counsel's Status Report, a Telephone Status Conference is set for 12/16/2020 at 9:30 AM before Judge Michael W. Fitzgerald. Counsel shall use the following dial-in information: Number: (877) 411-9748; Access Code: 6448503. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 12/04/2020)

Text Only Scheduling Notice

MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Michael W. Fitzgerald. The parties expressed satisfaction with Judge Guilford's handling of the mediation, but raised concerns about certain barriers to resolving the case through mediation. For reasons stated on the record, the Court instructed the parties to speak by December 22, 2020. The Court further instructed the parties to file a request for motion and trial- dates by next week if the mediation is unsuccessful. Court Reporter: Amy Diaz. (iv) (Entered: 12/17/2020)

STATEMENT Joint Scheduling filed by Petitioner Lance Aaron Wilson (Norman, Sara) (Entered: 12/22/2020)

MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART RESPONDENTS' MOTION TO DISMISS 55 by Judge Michael W. Fitzgerald. The Motion is GRANTED in part. The Motion is GRANTED with respect to Petitioners' habeas claims. The Motion is DENIED with respect to Petitioners' Eighth Amendment condition-of-confinement claim. The Court will address the scheduling of the action at the next status conference. (iv) (Entered: 01/05/2021)