Case: Wilson v. Ponce

2:20-cv-04451 | 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 class action by individuals held at Terminal Island, a Care Level 3 medical facility designed for those with long-term medical needs. The plaintiffs alleged violations of their Eighth Amendment rights and sought declaratory and injunctive relief, and a writ of habeas corpus requiring immediate downsizing of the population, with priority given to those with heightened medical vulnerability. They requested a TRO and a preliminary injunction for risk-mitigation measures…

COVID-19 Summary: This is a class action by individuals held at Terminal Island, a Care Level 3 medical facility designed for those with long-term medical needs. The plaintiffs alleged violations of their Eighth Amendment rights and sought declaratory and injunctive relief, and a writ of habeas corpus requiring immediate downsizing of the population, with priority given to those with heightened medical vulnerability. They requested a TRO and a preliminary injunction for risk-mitigation measures. The habeas claims were subsequently dismissed. Following unsuccessful mediation, the plaintiffs filed a motion for preliminary injunction requiring the defendants to implement an appropriate regimen of targeted surveillance testing. This motion was also denied by the court. In April 2021, the court granted class certification, the defendants filed for summary judgment in July 2021, and the case was scheduled for trial in November 2021.


On May 16, 2020, three individuals filed this class action in the U.S. District Court for the Central District of California, seeking to represent a class of all medically vulnerable persons who are, or will be, incarcerated at the Terminal Island Correctional Institution. The plaintiffs, represented by the American Civil Liberties Union Foundation of Southern California, the Prison Law Office, and private counsel, brought this action against the Bureau of Prisons (BOP) and the warden of Terminal Island, as a habeas petition under 28 U.S.C. § 2241, an injunctive action, and as a declaratory action under § 2201, alleging unconstitutional conditions of confinement that violated their Eighth Amendment rights.

Specifically, they alleged that the defendants had disregarded the need to reduce population density during the COVID-19 pandemic, despite broadened discretion by the BOP to authorize home confinement for those with shorter sentences, which led to 60% of the prison population becoming infected with the virus. The action was filed after eight COVID-19 related deaths at Terminal Island, despite the facility being a specialized correctional institution for those with long-term medical or mental health care needs. The case was assigned to Judge Dean D. Pregerson and referred to Magistrate Judge Michael R. Wilner.

On May 22, the plaintiffs filed an ex parte application for a temporary restraining order (TRO) and preliminary injunction, requesting that the court impose a structured, court-supervised process for individualized consideration of each prisoner's release on an accelerated schedule, and that the defendants be required to adhere to CDC guidance regarding prevention and treatment of COVID-19. The same day, the case was reassigned to Judge Michael W. Fitzgerald.

On May 27, the plaintiffs filed an ex parte application to provisionally certify the class. Within a week, the defendants filed motions in opposition to the TRO and the motion to certify class.

On June 8, the district court denied the plaintiffs' motion for TRO, finding that the plaintiffs' habeas claim did not encompass the TRO they were seeking. 2020 WL 3053375. The court allowed the plaintiffs to file a supplemental TRO brief.

In the brief on June 22, the plaintiffs sought an order requiring the defendant to improve conditions for all prisoners at Terminal Island in the form of social distancing, provision of sanitary products and personal protective equipment (PPE), improved sanitary practices, adequate testing, contact tracing, and isolation measures. They further sought an order requiring the defendants to transfer non-violent prisoners with viable home confinement plans and to evaluate quickly compassionate release requests so that they may be escalated to the courts as appropriate.

The defendants sought to dismiss the case for lack of jurisdiction and for failure to state a claim on June 29. They argued that the plaintiffs failed to exhaust their habeas claims, and that they could not demonstrate an unreasonable risk of harm to the plaintiffs and deliberate indifference on the part of the defendants. They also argued that the plaintiffs did not exhaust the administrative remedies under the Prison Litigation Reform Act (PLRA).

On July 14, the court denied in part the supplemental TRO application, however, the court found that the PLRA did not bar the requested relief and ordered an expert to tour the prison and report back. On July 28, the plaintiffs appealed the June 8 order denying the TRO and the June 10 amended order to the Ninth Circuit (docket number 20-55760).

As per the July 14 order, an expert report regarding the defendant's current status and management of the COVID‐19 outbreak was submitted by Dr. Rowe on August 24. In his report, Dr. Rowe noted that the prison "remains and will remain constantly teetering on the brink of a recurrent outbreak . . . [and m]uch of the population is high risk for severe complications and death from this infection." He also proposed detailed recommendations including but not limited to: social distancing, rapid testing, education, effective reintegration of COVID-negative individuals, and delaying reopening of the institution to additional outsiders until after influenza season.

The parties filed a stipulation to voluntarily dismiss the appeal on September 8, and the Ninth Circuit dismissed the appeal on October 19. 2020 WL 6293689.

The court then ordered the parties to meet and confer to agree on the appointment of a mediator, and the court continued the hearing on the supplemental TRO application to October 14. The parties agreed to a mediator, and on September 29, the court appointed Judge Andrew J. Guilford (a former district judge for the Central District of California) to serve as mediator. To allow the parties and Judge Guilford sufficient time to conduct mediation, the court once again continued the hearing on the supplemental TRO application to December 16, 2020. At the hearing, the parties raised concerns about resolving the case through mediation.

On January 4, 2021, Judge Fitzgerald denied the defendants' motion to dismiss with respect to the Eighth Amendment claim and granted the motion to dismiss with respect to the habeas claims. The following week, the plaintiffs filed a motion for preliminary injunction requiring the defendants to implement an appropriate regimen of targeted surveillance testing. The defendants responded on January 25, and a hearing was held on February 8. The court further requested that the parties file supplemental briefs in connection with the motion for class certification so that the court may rule on the pending classification. These briefs were filed on February 10. On February 25, Judge Fitzgerald denied the preliminary injunction requiring surveillance testing, ruling that petitioners hadn't established that they were likely to suffer irreparable harm in the absence of injunctive relief and that while the surveillance testing seemed preferable to the contact tracing currently in use, the choice between those systems fell within the discretion of the Bureau of Prisons.

At the request of the court, the parties filed supplemental briefing in support of the class certification motions they had filed earlier in 2020. The plaintiffs filed their motion in support on February 10 and the defendants filed their opposition on March 12, 2021. Also during this time, the parties engaged in the discovery process which was not without its disputes. Ultimately, Judge Fitzgerald denied plaintiff's application for expedited discovery on March 30. On April 20, Judge Fitzgerald held a hearing on the class certification issue and on April 29, 2021 granted the motion for class certification.

On July 26, 2021, the defendants filed a motion for summary judgment, arguing they had taken reasonable measures to protect the plaintiffs against COVID-19 and thus that the plaintiffs could not succeed in proving deliberate indifference under the Eighth Amendment. They further argued that the plaintiffs had failed to exhaust their administrative remedies under the Prison Litigation Reform Act's (PLRA) exhaustion requirements.

The plaintiffs opposed this motion for summary judgment on August 9, stating that the defendants were not entitled to judgment on conclusory assertions about facts, and that the PLRA's exhaustion requirements did not apply when circumstances render administrative remedies unavailable.

As of September 20, 2021, the court has yet to rule on the motion and the case is scheduled for trial in November 2021.

Summary Authors

Averyn Lee (9/22/2020)

Emily Kempa (10/30/2020)

Zofia Peach (2/7/2021)

Tessa McEvoy (6/6/2021)

Rachel Harrington (9/20/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17170748/parties/lance-aaron-wilson-v-felicia-l-ponce/


Judge(s)

Castillo, Pedro V. (California)

Fitzgerald, Michael Walter (California)

Pregerson, Dean D. (California)

Wilner, Michael R. (California)

Attorneys(s) for Plaintiff

Bannett, Shoshana E. (California)

Bibring, Peter (California)

Bird, Terry W. (California)

Bixby, Laura Katherine (California)

Booth, Patrick (California)

Eliasberg, Peter J. (California)

Judge(s)

Castillo, Pedro V. (California)

Fitzgerald, Michael Walter (California)

Pregerson, Dean D. (California)

Wilner, Michael R. (California)

Attorneys(s) for Plaintiff

Bannett, Shoshana E. (California)

Bibring, Peter (California)

Bird, Terry W. (California)

Bixby, Laura Katherine (California)

Booth, Patrick (California)

Eliasberg, Peter J. (California)

Hart, Sophie Jedeikin (California)

Hutt, Jacob J (California)

Lee, Christopher Jumin (California)

Norman, Sara Linda (California)

Nsien, Ima (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)

Expert/Monitor/Master

Guilford, Andrew J. (California)

Resnik, Judith (Connecticut)

Rowe, Michael MD (California)

Samra, Shamsher (California)

Stern, Marc (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 16, 2021 Docket
1

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

May 16, 2020 Complaint
10, 10-2

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

May 22, 2020 Pleading / Motion / Brief
25, 26, 27, 28

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

May 27, 2020 Pleading / Motion / Brief
22, 22-1, 22-2, 22-3, 22-4

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

May 27, 2020 Pleading / Motion / Brief
24

Respondents' Opposition to Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction

May 27, 2020 Pleading / Motion / Brief
31

Respondents' Opposition to Ex Parte Application for Provisional Class Certification

June 1, 2020 Pleading / Motion / Brief
30, 30-1

Plaintiff-Petitioners' Reply Supporting Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction

June 1, 2020 Pleading / Motion / Brief
33

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

June 3, 2020 Pleading / Motion / Brief
36

Order Denying Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction [10]

465 F.Supp.3d 1037, 2020 WL 3053375

June 8, 2020 Order/Opinion

Resources

Title Description External URL

Wilson v. Ponce

American Civil Liberties Union

More than 700 people, including several staff members, have tested positive for COVID-19 on Terminal Island in Los Angeles. At least nine have died. <br /> <br />This crisis need never to have reache… May 16, 2020 https://www.aclusocal.org/en/cases/wilson-v-ponce

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17170748/lance-aaron-wilson-v-felicia-l-ponce/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
4

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)

May 16, 2020 PACER
3

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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May 16, 2020 PACER
2

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

May 16, 2020 PACER
1

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)

May 16, 2020 PACER
7

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)

May 19, 2020 PACER
5

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)

May 19, 2020 PACER
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 PACER
12

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)

May 21, 2020 RECAP
9

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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May 21, 2020 PACER
19

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)

May 22, 2020 PACER
18

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)

May 22, 2020 PACER
17

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)

May 22, 2020 PACER
16

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)

May 22, 2020 PACER
15

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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May 22, 2020 PACER
14

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)

May 22, 2020 PACER
13

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)

May 22, 2020 PACER
11

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)

May 22, 2020 PACER
10

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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May 22, 2020 PACER
20

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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May 26, 2020 PACER
29

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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May 27, 2020 PACER
28

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)

May 27, 2020 PACER
27

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)

May 27, 2020 PACER
26

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)

May 27, 2020 PACER
25

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)

May 27, 2020 PACER
24

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)

May 27, 2020 PACER
23

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)

May 27, 2020 PACER
22

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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May 27, 2020 PACER
21

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)

May 27, 2020 PACER
32

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

June 1, 2020 PACER
31

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

June 1, 2020 PACER
30

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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June 1, 2020 PACER
33

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)

June 3, 2020 PACER
34

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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June 4, 2020 PACER
35

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

June 5, 2020 PACER
38

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)

June 8, 2020 PACER
37

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)

June 8, 2020 PACER
36

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)

June 8, 2020 RECAP

Text Only Scheduling Notice

June 8, 2020 PACER
39

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)

June 9, 2020 PACER
41

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)

June 10, 2020 PACER
40

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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June 10, 2020 PACER
44

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)

June 12, 2020 PACER
43

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)

June 12, 2020 PACER
42

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)

June 12, 2020 PACER

Text Only Scheduling Notice

June 12, 2020 PACER
45

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)

June 15, 2020 PACER
46

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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June 17, 2020 PACER
47

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)

June 19, 2020 PACER
49

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)

June 22, 2020 PACER
48

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)

June 22, 2020 PACER
51

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)

June 25, 2020 PACER
50

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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June 25, 2020 RECAP
54

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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June 26, 2020 PACER
53

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

June 26, 2020 PACER
52

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)

June 26, 2020 PACER
55

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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June 29, 2020 PACER
56

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)

July 6, 2020 PACER
57

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)

July 13, 2020 PACER
58

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)

July 14, 2020 PACER
60

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)

July 15, 2020 PACER
59

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)

July 15, 2020 PACER

Notice of Filing Transcript

July 15, 2020 PACER
61

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)

July 22, 2020 PACER
62

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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July 28, 2020 PACER
64

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)

July 29, 2020 PACER
63

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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July 29, 2020 PACER
66

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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July 30, 2020 PACER
65

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)

July 30, 2020 PACER
68

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

Aug. 4, 2020 PACER
67

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)

Aug. 4, 2020 PACER
70

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)

Aug. 18, 2020 PACER
69

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)

Aug. 18, 2020 PACER

Notice of Filing Transcript

Aug. 18, 2020 PACER
71

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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Aug. 20, 2020 PACER
73

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)

Aug. 21, 2020 PACER
72

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)

Aug. 21, 2020 RECAP
74

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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Aug. 24, 2020 PACER
75

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)

Sept. 9, 2020 PACER

Text Only Scheduling Notice

Sept. 9, 2020 PACER
78

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)

Sept. 14, 2020 PACER
77

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)

Sept. 17, 2020 PACER
76

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)

Sept. 17, 2020 RECAP

Text Only Scheduling Notice

Sept. 17, 2020 PACER
79

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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Sept. 25, 2020 PACER
80

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)

Sept. 29, 2020 RECAP
81

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)

Oct. 9, 2020 PACER

Text Only Scheduling Notice

Oct. 9, 2020 PACER
82

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)

Oct. 13, 2020 PACER

Text Only Scheduling Notice

Oct. 13, 2020 PACER
83

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)

Oct. 19, 2020 RECAP
84

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

Oct. 30, 2020 PACER
86

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)

Nov. 9, 2020 PACER
85

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)

Nov. 9, 2020 PACER

Text Only Scheduling Notice

Nov. 9, 2020 PACER
87

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

Nov. 30, 2020 PACER
88

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)

Dec. 4, 2020 PACER

Text Only Scheduling Notice

Dec. 4, 2020 PACER
89

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)

Dec. 16, 2020 PACER
90

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

Dec. 22, 2020 RECAP
91

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)

Jan. 4, 2021 RECAP

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:

Three individuals held at Terminal Island, a Care Level 3 medical facility designed for those with long-term medical needs, seeking to represent a proposed class of all medically vulnerable persons who are, or will be, incarcerated at Terminal Island.

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: Granted

Defendants

Warden of Terminal Island, 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

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

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:

Independent monitor/inspector imposed/assisted

Inspection ordered/regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run