Case: M.S. v. County of Ventura

2:16-cv-03084 | U.S. District Court for the Central District of California

Filed Date: May 4, 2016

Clearinghouse coding complete

Case Summary

On May 4, 2016, the plaintiffs filed this class action lawsuit in the U.S. District Court for the Central District of California. The plaintiffs sued the County of Ventura, the Ventura County Sheriff's Office, the Ventura County Sheriff, and other county and state medical hospital administrators ("the defendants") under the Americans with Disabilities Act (ADA) as well as the Sixth and Fourteenth Amendments of the Constitution. Represented by private counsel, the plaintiffs asked the court for …

On May 4, 2016, the plaintiffs filed this class action lawsuit in the U.S. District Court for the Central District of California. The plaintiffs sued the County of Ventura, the Ventura County Sheriff's Office, the Ventura County Sheriff, and other county and state medical hospital administrators ("the defendants") under the Americans with Disabilities Act (ADA) as well as the Sixth and Fourteenth Amendments of the Constitution. Represented by private counsel, the plaintiffs asked the court for declaratory and injunctive relief as well as monetary compensation.

The plaintiffs sought class action certification to bring this case on behalf of all persons who have been, during the time period of November 30, 2013, until the filling of the lawsuit, and/or who will be in the future: (1) incarcerated at the Ventura County Pre-Trial Detention Facility and/or the Todd Road Jail; (2) charged with a crime in Ventura County, California; (3) found by a court to be incompetent to stand trial and are held in custody while awaiting competency restoration services; and (4) have waited for court-ordered restoration services for seven or more days from the date on which the court entered an order for the Sheriff to transfer the person to a treatment facility.

In their complaint, the plaintiffs alleged that the defendants failed to evaluate in a timely fashion and provide adequate mental health treatment and restorative services to detainees who were found incompetent to stand trial and were awaiting transfer to treatment facilities. Some plaintiffs waited for weeks or months to be admitted to a treatment facility. As a result, the plaintiffs remained in the county's pre-trial detention center or jail. The plaintiffs alleged that while being held pre-trial, the plaintiffs were punished for behavior that arose as a result of their mental illnesses. Such disciplinary measures included loss of commissary, loss of visits, and isolation in a safety cell.

The complaint claimed that the defendants continued incarceration of inmates found unable to aid and assist in their own trials violated the plaintiffs' due process rights. The only lawful purpose for confinement of such inmates is to treat so as to return them to competency. Since the defendants do not have the capacity to provide the restorative mental health treatment required by the Constitution, the plaintiffs alleged a violation of the Fourteenth Amendment. Additionally, the plaintiffs alleged that the defendants violated the Sixth Amendment right to a speedy trial by unnecessarily prolonging the incarceration of inmates with mental illnesses. Finally, the plaintiffs argued that the defendants' failure to provide reasonable accommodations to inmates with mental illnesses amounted to a violation of the ADA.

On July 28, 2016, the plaintiffs filed an amended complaint further alleging violations of Section 504 of the Rehabilitation Act and California law.

From September 2, 2016, through September 12, 2016, the defendants filed motions to dismiss the case, specifically for failure to state a claim, or for a more definite statement.

On October 24, 2017, Judge Beverly Reid O'Connell granted in part and denied in part the defendants' motions to dismiss. Judge O'Connell also ordered the plaintiffs to file a more definite statement and an amended complaint.

Following Judge O'Connell's order, the plaintiffs filed a second amended complaint against the defendants on November 7, 2016.

From December 6, 2016, through December 7, 2016, the defendants again filed motions to dismiss the plaintiffs' case for failure to state a claim.

On March 7, 2017, Judge O'Connell granted in part and denied in part the defendants' motions to dismiss. Judge O'Connell again ordered the plaintiffs to file an amended complaint, this time containing the names of the potential class members and amendments to their claims.

Weeks later, the plaintiffs filed a third amended complaint against all defendants on March 27, 2017, per Judge O'Connell's order.

In response to the plaintiffs' third amended complaint, the defendants filed motions to dismiss on March 4, 2017, and on May 30, 2017. In between these dates, on May 15, 2017, the parties stipulated to dismiss one of the plaintiffs' claims without prejudice.

On July 19, 2017, Judge O'Connell granted permission to the plaintiffs to file a fourth amended complaint in this case. As a result, the defendants withdrew their pending motions to dismiss the third amended complaint. The next day, the plaintiffs filed a fourth amended complaint.

In response, the defendants filed another motion to dismiss the case on August 28, 2017, but Judge Fischer denied this motion on October 30, 2017.

While considering the defendants' fourth motion to dismiss, the court announced that the motion to dismiss would be transferred to Judge Dale S. Fischer.

While litigation continued, Judge Fischer referred this case to a private mediator on November 21, 2017 for alternative dispute resolution.

For almost 3 years, the parties prepared for trial. During this time, though, the parties informed the court on January 28, 2020, that they had reached a tentative settlement agreement. On August 10, 2020, the plaintiffs filed a status report with the court regarding this tentative agreement.

The status report stated that the plaintiffs would file an unopposed motion for class certification, and that the defendants would pay $650,000 into a damages class fund and $650,000 for attorneys' fees. As a result, the plaintiffs' claims for injunctive and declaratory relief would be dismissed with prejudice with the understanding that such issues would be litigated in the related case Stiavetti v. Ahlin.

Following the status report, Judge Fischer granted the plaintiff's motion for class certification on September 30, 2020, defining the class as all persons who: (1) were found incompetent to stand trial (IST) by a court, confined to Ventura County jail, admitted to a California Department of State Hospital (DSH) facility, and restored to competency and discharged between May 5, 2013 (three years prior to the filing of the complaint in this case) and the date this motion was filed (September 6, 2020); and (2) were not admitted to a DSH facility within 28 days from the date of the Court's Commitment Order committing an IST defendant to the DSH.

Money from the damages class fund would be distributed to each class member based on how many days the individual spent waiting for transport to a DSH facility beyond those 28 days.

While Judge Fischer preliminarily approved the settlement order on October 2, 2021, the court entered a final approval order on June 24, 2021. As of that date, the plaintiffs determined that a total of 252 class members satisfied the criteria to share in the settlement distribution.

The court retained jurisdiction to ensure the fulfillment of the settlement agreement, though as of February 16, 2022, there is no reason to believe the case is ongoing.

Summary Authors

Richa Bijlani (2/5/2022)

Related Cases

Stiavetti v. Ahlin, California state trial court (2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4154544/parties/matthew-scott-v-california-forensic-medical-group/


Judge(s)

Fischer, Dale S. (California)

Oliver, Rozella A (California)

Attorneys(s) for Plaintiff

Battles, Lindsay (California)

Litt, Barrett S. (California)

McLane, David S. (California)

Quest, Heather Anderson (California)

Vogel, Brian A. (California)

Attorneys(s) for Defendant

Beach, Paul B (California)

Bertling, Peter George (California)

Choi, Jin S (California)

Judge(s)

Fischer, Dale S. (California)

Oliver, Rozella A (California)

Attorneys(s) for Plaintiff

Battles, Lindsay (California)

Litt, Barrett S. (California)

McLane, David S. (California)

Quest, Heather Anderson (California)

Vogel, Brian A. (California)

Attorneys(s) for Defendant

Beach, Paul B (California)

Bertling, Peter George (California)

Choi, Jin S (California)

Eicher, James S (California)

Gordon, Adam Alexander (California)

Panish, Neal Philip (California)

Perlin, Scott W (California)

Rich, Jonathan E. (California)

Saunders, Jemma Allison Parker (California)

Trinh, Julie T (California)

Zambito, Rocco Jr. (California)

Documents in the Clearinghouse

Document

2:16-cv-03084

Docket [PACER]

Scott v. California Forensic Medical Group

May 3, 2021

May 3, 2021

Docket
1

2:16-cv-03084

Class Action Complaint for Declaratory and Injunctive Relief Under the Civil Rights Act, 42 U.S.C. §19832, and Damages

May 4, 2016

May 4, 2016

Complaint
105-1

2:16-cv-03084

Third Amended Class Action Complaint for Declaratory and Injunctive Relief and Damages

Scott v. California Forensic Medical Group

March 28, 2017

March 28, 2017

Complaint
125

2:16-cv-03084

Fourth Amended Class Action Complaint for Declaratory and Injunctive Relief and Damages

Scott v. California Forensic Medical Group

July 20, 2017

July 20, 2017

Complaint
253

2:16-cv-03084

Status Report

Scott v. California Forensic Medical Group

Aug. 10, 2020

Aug. 10, 2020

Pleading / Motion / Brief
254

2:16-cv-03084

Motion

Sept. 6, 2020

Sept. 6, 2020

Pleading / Motion / Brief
267

2:16-cv-03084

Order Granting Motion for Class Certification

Scott v. California Forensic Medical Group

Sept. 30, 2020

Sept. 30, 2020

Order/Opinion
269

2:16-cv-03084

Order RE Preliminarily Approving Class Action Settlement

Scott v. California Forensic Medical Group

Oct. 2, 2020

Oct. 2, 2020

Order/Opinion
285

2:16-cv-03084

Order Re Final Approval of Class Action Settlement

June 24, 2021

June 24, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4154544/matthew-scott-v-california-forensic-medical-group/

Last updated Aug. 13, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: 0973-17765668 - Fee: $400, filed by Plaintiff O. M., M. S.. (Attorney Brian Arnold Vogel added to party O. M. (pty:pla), Attorney Brian Arnold Vogel added to party M. S.(pty:pla))(Vogel, Brian) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

Clearinghouse
2

CIVIL COVER SHEET filed by Plaintiffs O. M., M. S.. (Vogel, Brian) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
3

CERTIFICATE of Interested Parties filed by Plaintiff O. M., M. S., (Vogel, Brian) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
4

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff O. M., M. S.. (Vogel, Brian) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
5

NOTICE of Related Case(s) filed by Plaintiff O. M., M. S.. Related Case(s): 2:15-cv-07673-CBM(JCx) (Vogel, Brian) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
6

PETITION for Appointment of Adrian Mojica filed by Plaintiff O. M.. (Attachments: # 1 Proposed Order) (Vogel, Brian) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
7

PETITION for Appointment of Mary Rodgers-Vey filed by Plaintiff M. S.. (Attachments: # 1 Proposed Order) (Vogel, Brian) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
8

NOTICE OF ASSIGNMENT to District Judge Beverly Reid OConnell and Magistrate Judge Rozella A. Oliver. (ghap) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
9

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
10

NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
11

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by plaintiff O. M., M. S.. (Vogel, Brian) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
12

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Pam Ahlin, California Forensic Medical Group, County of Ventura, Taylor Fithian, Marcus Lopez, Mhm Services of California Inc., Harry Oreol, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office. (ghap) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
13

STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge Beverly Reid O'Connell. (rfi) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER
14

ORDER by Magistrate Judge Rozella A. Oliver, on Plaintiff M.S.'s Petition 7 for Appointment of Guardian ad Litem. It IS HEREBY ORDERED that the Petition is GRANTED, and the Mary Rodgers-Vey is appointed as Guardian ad Litem for M.S. for all purposes in this matter. (es) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

RECAP
15

ORDER by Magistrate Judge Rozella A. Oliver, on Plaintiff M.S.'s Petition 6 for Appointment of Guardian ad Litem. IT IS HEREBY ORDERED that the Petition is GRANTED, and that ADRIAN MOJICA is appointed as Guardian Ad Litem for Plaintiff O.M. for all purposes in this matter. (es) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

RECAP
16

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 (Related Case) filed. Transfer of case declined by Judge Consuelo B. Marshall, for the reasons set forth on this order. Related Case No. CV15-07673 CBM (JCx). (mg) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
17

FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiffs O. M., M. S.(Litt, Barrett) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

RECAP
18

Request for Clerk to Issue Summons on Amended Complaint/Petition 17 filed by Plaintiffs O. M., M. S.. (Litt, Barrett) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

RECAP
19

21 DAY Summons Issued re First Amended Complaint 17 as to defendants Pam Ahlin, California Forensic Medical Group, County of Ventura, Taylor Fithian, Marcus Lopez, Mhm Services of California Inc., Harry Oreol, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office. (jp) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
20

PROOF OF SERVICE Executed by Plaintiff O. M., M. S., upon Defendant County of Ventura served on 8/1/2016, answer due 8/22/2016. Service of the Summons and Complaint were executed upon Jessica Kam, Deputy Clerk of the Court in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Vogel, Brian) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
21

PROOF OF SERVICE Executed by Plaintiff O. M., M. S., upon Defendant Ventura County Sheriff Office served on 8/1/2016, answer due 8/22/2016. Service of the Summons and Complaint were executed upon Sheri Debenning, Management Assistant in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Vogel, Brian) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
22

PROOF OF SERVICE Executed by Plaintiff O. M., M. S., upon Defendant Ventura County Sheriff Geoff Dean served on 8/1/2016, answer due 8/22/2016. Service of the Summons and Complaint were executed upon Sheri Debenning, Management Assistant in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Vogel, Brian) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
23

PROOF OF SERVICE Executed by Plaintiff O. M., M. S., upon Defendant California Forensic Medical Group served on 8/1/2016, answer due 8/22/2016. Service of the Summons and Complaint were executed upon Anna Soto, Medical Records in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Vogel, Brian) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
24

PROOF OF SERVICE Executed by Plaintiff O. M., M. S., upon Defendant Taylor Fithian served on 8/1/2016, answer due 8/22/2016. Service of the Summons and Complaint were executed upon Anna Soto, Medical Records in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Vogel, Brian) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
25

PROOF OF SERVICE Executed by Plaintiff O. M., M. S., upon Defendant Marcus Lopez served on 8/1/2016, answer due 8/22/2016. Service of the Summons and Complaint were executed upon Marissa Brooks, Office Assistant in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Vogel, Brian) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
26

PROOF OF SERVICE Executed by Plaintiff O. M., M. S., upon Defendant Pam Ahlin served on 8/1/2016, answer due 8/22/2016. Service of the Summons and Complaint were executed upon Nicole Harrigan, Attorney III in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Vogel, Brian) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER
27

STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition 17 filed by Defendants County of Ventura, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office. (Attachments: # 1 Proposed Order)(Attorney James S Eicher added to party County of Ventura(pty:dft), Attorney James S Eicher added to party Ventura County Sheriff Geoff Dean(pty:dft), Attorney James S Eicher added to party Ventura County Sheriff Office(pty:dft))(Eicher, James) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
28

Notice of Appearance or Withdrawal of Counsel: for attorney Jin S Choi counsel for Defendants County of Ventura, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office. Adding Jin S. Choi as counsel of record for Defendants County of Ventura, Ventura County Sheriff's Office; and Ventura County Sheriff Geoff Dean for the reason indicated in the G-123 Notice. Filed by Defendants County of Ventura, Ventura County Sheriff's Office, and Ventura County Sheriff Geoff Dean. (Attorney Jin S Choi added to party County of Ventura(pty:dft), Attorney Jin S Choi added to party Ventura County Sheriff Geoff Dean(pty:dft), Attorney Jin S Choi added to party Ventura County Sheriff Office(pty:dft))(Choi, Jin) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
29

Notice of Appearance or Withdrawal of Counsel: for attorney Rocco Zambito, Jr counsel for Defendants County of Ventura, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office. Adding Rocco Zambito, Jr. as counsel of record for Defendants County of Ventura, Ventura County Sheriff's Office, and Ventura County Sheriff Geoff Dean for the reason indicated in the G-123 Notice. Filed by Defendants County of Ventura, Ventura County Sheriff's Office, and Ventura County Sheriff Geoff Dean. (Attorney Rocco Zambito, Jr added to party County of Ventura(pty:dft), Attorney Rocco Zambito, Jr added to party Ventura County Sheriff Geoff Dean(pty:dft), Attorney Rocco Zambito, Jr added to party Ventura County Sheriff Office(pty:dft))(Zambito, Rocco) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
30

Notice of Appearance or Withdrawal of Counsel: for attorney Paul B Beach counsel for Defendants County of Ventura, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office. Adding Paul B. Beach as counsel of record for Defendants County of Ventura, Ventura County Sheriff's Office and Ventura County Sheriff Geoff Dean for the reason indicated in the G-123 Notice. Filed by Defendant County of Ventura, Ventura County Sheriff's Office and Ventura County Sheriff Geoff Dean. (Attorney Paul B Beach added to party County of Ventura(pty:dft), Attorney Paul B Beach added to party Ventura County Sheriff Geoff Dean(pty:dft), Attorney Paul B Beach added to party Ventura County Sheriff Office(pty:dft))(Beach, Paul) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
31

ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT BY NOT MORE THAN 30 DAYS; BRIEFING AND HEARING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS 27 by Judge Beverly Reid O'Connell. Upon consideration of the Parties' Stipulation and finding good cause, it is hereby ORDERED as follows: 1. To, under Local Rule 8-3, extend Defendants' time to respond to Plaintiff's First Amended Complaint to September 12, 2016; 2. Any contemplated FRCP Rule 12(b)(6) motions shall be likewise filed and served on or before September 12, 2016; 3. Plaintiffs' opposition to any FRCP Rule 12(b)(6) motions shall befiled and served no later than September 26, 2016; 4. Any reply to Plaintiffs' opposition shall be filed and served no later than October 11, 2016; 5. The hearing on any and all of Defendants' FRCP Rule 12(b)(6) motions shall be October 24, 2016, at 1:30 p.m. IT IS SO ORDERED. (jy) (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

PACER
32

NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative to Stay filed by Defendants Pam Ahlin, Harry Oreol, California Department of State Hospitals, Patton State Hospital. Motion set for hearing on 10/24/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Memorandum Memorandum of Points and Authorities in Support of Motion to Dismiss and/or Stay, # 2 Memorandum Requrest for Judicial Notice in Support of Motion to Dismiss and/or Stay, # 3 Exhibit Exhibit 1 to Request for Judicial Notice, # 4 Exhibit Exhibit 2 to Request for Judicial Notice) (Attorney Jonathan E Rich added to party Pam Ahlin(pty:dft), Attorney Jonathan E Rich added to party Harry Oreol(pty:dft), Attorney Jonathan E Rich added to party California Department of State Hospitals(pty:bkmov), Attorney Jonathan E Rich added to party Patton State Hospital(pty:bkmov), Attorney Jonathan E Rich added to party California Department of State Hospitals(pty:dft), Attorney Jonathan E Rich added to party Patton State Hospital(pty:dft)) (Rich, Jonathan) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
33

NOTICE of Appearance filed by attorney Neal Philip Panish on behalf of Defendants Marcus Lopez, Mhm Services of California Inc. (Attorney Neal Philip Panish added to party Marcus Lopez(pty:dft), Attorney Neal Philip Panish added to party Mhm Services of California Inc.(pty:dft))(Panish, Neal) (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

PACER
34

NOTICE of Appearance filed by attorney Adam Alexander Gordon on behalf of Defendants Marcus Lopez, Mhm Services of California Inc. (Attorney Adam Alexander Gordon added to party Marcus Lopez(pty:dft), Attorney Adam Alexander Gordon added to party Mhm Services of California Inc.(pty:dft))(Gordon, Adam) (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

PACER
35

NOTICE OF MOTION AND MOTION to Dismiss Cause of Action 1, 2, 3, 5, 6, 7 filed by Defendant California Forensic Medical Group, Taylor Fithian, Paul Adler, Ronald Pollack. Motion set for hearing on 10/24/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Motion to Dismiss, # 2 Proposed Order, # 3 Certification of Interested Parties, # 4 Certificate of Service) (Attorney Peter G Bertling added to party California Forensic Medical Group(pty:dft), Attorney Peter G Bertling added to party Taylor Fithian(pty:dft), Attorney Peter G Bertling added to party Paul Adler(pty:dft), Attorney Peter G Bertling added to party Ronald Pollack(pty:dft)) (Bertling, Peter) (Entered: 09/12/2016)

1 Motion to Dismiss

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2 Proposed Order

View on PACER

3 Certification of Interested Parties

View on PACER

4 Certificate of Service

View on PACER

Sept. 12, 2016

Sept. 12, 2016

PACER
36

CERTIFICATE of Interested Parties filed by Defendants Marcus Lopez, Mhm Services of California Inc., (Gordon, Adam) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
37

JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative to Stay 32 filed by Defendants Marcus Lopez, Mhm Services of California Inc.. (Attachments: # 1 Memorandum Points & Authorities)(Gordon, Adam) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
38

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Marcus Lopez, Mhm Services of California Inc.. Motion set for hearing on 10/24/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Memorandum Points & Authorities) (Gordon, Adam) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
39

NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim or for a More Definite Statement filed by Defendants County of Ventura, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office. Motion set for hearing on 10/24/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Exhibit "A", # 2 Proposed Order) (Zambito, Rocco) (Entered: 09/12/2016)

1 Exhibit "A"

View on PACER

2 Proposed Order

View on PACER

Sept. 12, 2016

Sept. 12, 2016

RECAP
40

NOTICE of Interested Parties filed by Defendants County of Ventura, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office, (Zambito, Rocco) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
41

NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative to Stay 32 filed by Defendants County of Ventura, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office. Motion set for hearing on 10/24/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Zambito, Rocco) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
42

JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative to Stay 32 filed by Defendants Paul Adler, California Forensic Medical Group, Taylor Fithian, Ronald Pollack. (Bertling, Peter) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
43

JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative to Stay 32 filed by Defendants Marcus Lopez, Mhm Services of California Inc.. (Gordon, Adam) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
44

Amended NOTICE OF MOTION AND MOTION to Amend NOTICE OF MOTION AND MOTION to Dismiss Case 38 filed by Defendant Marcus Lopez, Mhm Services of California Inc.. Motion set for hearing on 10/24/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Gordon, Adam) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
45

(Attorney Julie T Trinh added to party Pam Ahlin(pty:dft), Attorney Julie T Trinh added to party California Department of State Hospitals(pty:dft), Attorney Julie T Trinh added to party Harry Oreol(pty:dft), Attorney Julie T Trinh added to party Patton State Hospital(pty:dft))(Trinh, Julie) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
46

JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim or for a More Definite Statement 39 filed by Defendants Marcus Lopez, Mhm Services of California Inc.. (Gordon, Adam) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
47

MEMORANDUM in Opposition To Defendant State of California's Motion to Dismiss filed by Plaintiffs O. M., M. S.. (Litt, Barrett) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
48

MEMORANDUM in Opposition to County of Ventura, et al., Motion to Dismiss filed by Plaintiffs O. M., M. S.. (Litt, Barrett) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
49

MEMORANDUM in Opposition to Defendant MHM, et al., Motion to Dismiss filed by Plaintiffs O. M., M. S.. (Litt, Barrett) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
50

MEMORANDUM in Opposition to Defendant CFMG, et al., Motion to Dismiss to filed by Plaintiffs O. M., M. S.. (Litt, Barrett) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
51

REQUEST FOR JUDICIAL NOTICE filed by Plaintiffs O. M., M. S.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Litt, Barrett) (Entered: 09/26/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Sept. 26, 2016

Sept. 26, 2016

PACER
52

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative to Stay 32 filed by Defendants Pam Ahlin, California Department of State Hospitals, Harry Oreol, Patton State Hospital. (Rich, Jonathan) (Entered: 10/10/2016)

Oct. 10, 2016

Oct. 10, 2016

PACER
53

EX PARTE APPLICATION to Exceed Page Limitation Reply in Support of Motion to Dismiss filed by Defendants Pam Ahlin, California Department of State Hospitals, Harry Oreol, Patton State Hospital. (Attachments: # 1 Proposed Order) (Rich, Jonathan) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
54

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 38, Amended NOTICE OF MOTION AND MOTION to Amend NOTICE OF MOTION AND MOTION to Dismiss Case 38 44 filed by Defendants Marcus Lopez, Mhm Services of California Inc.. (Gordon, Adam) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
55

REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim or for a More Definite Statement 39 filed by Defendants County of Ventura, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office. (Zambito, Rocco) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
56

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 38, Amended NOTICE OF MOTION AND MOTION to Amend NOTICE OF MOTION AND MOTION to Dismiss Case 38 44 (includes revised POS) filed by Defendants Marcus Lopez, Mhm Services of California Inc.. (Gordon, Adam) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
57

ORDER by Judge Beverly Reid O'Connell: granting 53 EX PARTE APPLICATION for Leave. IT IS HEREBY ORDERED that State Defendants' Ex Parte Application is GRANTED. State Defendants' Reply as filed at 17 pages (ECF No. 52) is accepted by the Court. (rfi) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
58

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Cause of Action 1, 2, 3, 5, 6, 7 35 filed by Defendants Paul Adler, California Forensic Medical Group, Taylor Fithian, Ronald Pollack. (Bertling, Peter) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
59

EX PARTE APPLICATION to Exceed Page Limitation Reply ISO MHM Motion to Dismiss filed by Defendant Marcus Lopez, Mhm Services of California Inc.. (Attachments: # 1 Proposed Order) (Gordon, Adam) (Entered: 10/18/2016)

1 Proposed Order

View on PACER

Oct. 18, 2016

Oct. 18, 2016

RECAP
60

ORDER by Judge Beverly Reid O'Connell: The Ex Parte Application Seeking Post-Filing Leave to File Excess Pages in Reply 59, filed by Defendants MHM Servicesof California, Inc. and Marcus Lopez, is GRANTED. (cw) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
61

ORDER VACATING HEARING by Judge Beverly Reid O'Connell. The Court has pending, Motions 32 35 37 38 39 41 42 43 and 46 . The Court concludes that the matters are appropriate for resolution without the argument of counsel. Accordingly, the hearing previously scheduled for Monday, October 24, 2016 at 1:30 p.m., is hereby VACATED. Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER
62

MINUTES (IN CHAMBERS) by Judge Beverly Reid O'Connell: The Court holds the following: 1) The County Defendants' Motion for Joinder is GRANTED; 2) The MHM Defendants' Motion to Amend is DENIED as moot; 3) Plaintiffs' first cause of action is DISMISSED without prejudice as to the County Defendants, the CFMG Defendants, and the MHM Defendants, but not dismissed as to the State Defendants; 4) Plaintiffs' second cause of action is DISMISSED with prejudice under Title II of the ADA as to the CFMG and MHM Defendants and otherwiseDISMISSED without prejudice; 5) Plaintiffs', third, fourth, fifth, sixth, and seventh causes of action are DISMISSED without prejudice; 6) Plaintiffs' fourth, fifth, sixth, and seventh causes of action are DISMISSED with prejudice as to individual Defendants Ahlin and Oreol; and, 7) The County Defendants' Motion for a More Definite Statement is GRANTED. Plaintiff is is HEREBY ORDERED to file any amended Complaint by November 7, 2016 by 4:00 p.m. 32 35 38 39 41 44 (rfi) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

RECAP
63

NOTICE TO PARTIES by District Judge Beverly Reid O'Connell. Effective October 31, 2016, Judge O'Connell will be located at the 1st Street Courthouse, COURTROOM 7C on the 7th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 7C of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
64

EX PARTE APPLICATION for Leave to file Second Amended Complaint Late filed by Plaintiffs O. M.. (Attachments: # 1 Proposed Order) (Litt, Barrett) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
65

Second AMENDED COMPLAINT against Defendants All Plaintiffs amending Amended Complaint/Petition 17, filed by Plaintiffs O. M. (Litt, Barrett) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
66

ORDER by Judge Beverly Reid O'Connell: granting 64 EX PARTE APPLICATION for Leave to File Second Amended Complaint. (rfi) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
67

STIPULATION for Extension of Time to File Responses to Plaintiffs' Second Amended Complaint and Setting Briefing Schedule and Hearing Date filed by Defendant California Department of State Hospitals. (Attachments: # 1 Proposed Order)(Rich, Jonathan) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
68

ORDER by Judge Beverly Reid O'Connell, re Stipulation for Extension of Time to File, 67 It is hereby ORDERED Defendants shall file their responses to Plaintiffs' Second Amended Complaint on or before December 7, 2016. (rfi) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
69

NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs Second Amended Complaint filed by Defendants Pam Ahlin, California Department of State Hospitals, Harry Oreol, Patton State Hospital. Motion set for hearing on 2/27/2017 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Dismiss Second Amended Complaint) (Rich, Jonathan) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
70

NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Paul Adler, California Forensic Medical Group, Taylor Fithian, Ronald Pollack. Motion set for hearing on 2/27/2017 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Dismiss Second Amended Complaint, # 2 Certificate of Service) (Bertling, Peter) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
71

NOTICE OF MOTION AND MOTION to Dismiss Case For Failure to State a Claim or For More Definite Statement filed by Defendants County of Ventura, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office. Motion set for hearing on 2/27/2017 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Exhibit "A", # 2 Proposed Order) (Zambito, Rocco) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
72

NOTICE OF MOTION AND MOTION to Dismiss Case Dismiss Second Amended Complaint filed by Defendant Marcus Lopez, Mhm Services of California Inc.. Motion set for hearing on 2/21/2017 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Memorandum) (Gordon, Adam) (Entered: 12/07/2016)

1 Memorandum

View on RECAP

Dec. 7, 2016

Dec. 7, 2016

RECAP
73

NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Joinder,,,,, Order on Motion to Amend/Correct,,,, 62 filed by Plaintiffs O. M., M. S.. Motion set for hearing on 2/27/2017 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Proposed Order) (Litt, Barrett) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
74

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Joinder,,,,, Order on Motion to Amend/Correct,,,, 62 73 filed by Defendants Pam Ahlin, California Department of State Hospitals, Harry Oreol, Patton State Hospital. (Rich, Jonathan) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
75

EX PARTE APPLICATION to Exceed Page Limitation filed by Plaintiffs O. M.. (Attachments: # 1 Proposed Order) (Litt, Barrett) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
76

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 70 filed by Plaintiff O. M.. (Litt, Barrett) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
77

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case For Failure to State a Claim or For More Definite Statement 71 filed by Plaintiff O. M.. (Litt, Barrett) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
78

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Dismiss Second Amended Complaint 72 filed by Plaintiff O. M.. (Litt, Barrett) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
79

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs Second Amended Complaint 69 filed by Plaintiff O. M.. (Litt, Barrett) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
80

REQUEST FOR JUDICIAL NOTICE filed by Plaintiff O. M.. (Litt, Barrett) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

RECAP
81

ORDER by Judge Beverly Reid O'Connell: 75 IT IS HEREBY ORDEREDThat Plaintiffs' Oppositions to Defendants' Motions to Dismiss Plaintiffs' Second Amended Complaint may be limited to a maximum of 30 pages for each opposition filed. IT IS SO ORDERED. (rfi) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
82

Revised Opposition to County Defendants' Motion to Dismiss Per Court Order Opposition re: EX PARTE APPLICATION to Exceed Page Limitation 75 Court Order of 1/25/17, Dkt 81 filed by Plaintiff O. M.. (Litt, Barrett) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
83

EX PARTE APPLICATION to Exceed Page Limitation Reply in Support of State Defendants' Motion to Dismiss Second Amended Complaint filed by Defendants Pam Ahlin, California Department of State Hospitals, Harry Oreol, Patton State Hospital. (Attachments: # 1 Proposed Order) (Rich, Jonathan) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
84

[Proposed] Order Granting re: EX PARTE APPLICATION to Exceed Page Limitation Reply in Support of State Defendants' Motion to Dismiss Second Amended Complaint 83 (Rich, Jonathan) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
85

ORDER GRANTING STATE DEFENDANTS' EX PARTE APPLICATION TO EXTEND THE COURT'S TEN-PAGE LIMIT FOR THEIR REPLY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT TO FIFTEEN PAGE 83 by Judge Beverly Reid O'Connell. (lom) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
86

EX PARTE APPLICATION to Exceed Page Limitation Reply ISO MHM Motion to Dismiss filed by Defendants Marcus Lopez, Mhm Services of California Inc.. (Attachments: # 1 Proposed Order) (Gordon, Adam) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
87

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs Second Amended Complaint 69 filed by Defendants Pam Ahlin, California Department of State Hospitals, Harry Oreol, Patton State Hospital. (Rich, Jonathan) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
88

ORDER GRANTING DEFENDANTS MHM SERVICES OF CALIFORNIA, INC. AND MARCUS LOPEZ'S EX PARTE APPLICATION SEEKING RELIEF FROM THE COURT'S STANDING ORDER CONCERNING A TEN-PAGE LIMIT FOR THEIR REPLY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT by Judge Beverly Reid O'Connell: IT IS HEREBY ORDERED that MHM's Application is GRANTED. MHM's Reply as filed at 15 pages (ECF No. 56) is accepted by the Court. IT IS SO ORDERED. (jloz) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
89

EX PARTE APPLICATION to Exceed Page Limitation Reply ISO of Defendants Motion to Dismiss Plaintiffs' SAC filed by Defendant Paul Adler, California Forensic Medical Group, Taylor Fithian, Ronald Pollack. (Attachments: # 1 Proposed Order) (Bertling, Peter) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
90

REPLY Support NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Joinder,,,,, Order on Motion to Amend/Correct,,,, 62 73 filed by Plaintiff O. M.. (McLane, David) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
91

ORDER GRANTING CFMG DEFENDANTS' EX PARTE APPLICATION TO EXTEND THE PAGE LIMIT FOR THEIR REPLY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS'SECOND AMENDED COMPLAINT by Judge Beverly Reid O'Connell: granting 89 EX PARTE APPLICATION for Leave to File Excess Pages. The page limit of CFMG Defendants' Reply in support of their Motion to Dismiss Plaintiffs' Second Amended Complaint is extended to no more than fifteen pages. IT IS SO ORDERED. (lom) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
92

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case Dismiss Second Amended Complaint 72 filed by Defendants Marcus Lopez, Mhm Services of California Inc.. (Gordon, Adam) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
93

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 70 filed by Defendants Paul Adler, California Forensic Medical Group, Taylor Fithian, Ronald Pollack. (Bertling, Peter) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
94

REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case For Failure to State a Claim or For More Definite Statement 71 filed by Defendants County of Ventura, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office. (Zambito, Rocco) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
95

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs Second Amended Complaint 69, NOTICE OF MOTION AND MOTION to Dismiss Case Dismiss Second Amended Complaint 72, NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 70 filed by Plaintiffs O. M., M. S.. (McLane, David) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

RECAP
96

DECLARATION of Brian Vogel In Opposition To NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs Second Amended Complaint 69, NOTICE OF MOTION AND MOTION to Dismiss Case Dismiss Second Amended Complaint 72, NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 70 and in Support of Request for Judicial Notice filed by Plaintiffs O. M., M. S.. (McLane, David) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

RECAP
97

OBJECTIONS to Declaration (Motion related), 96, Request for Judicial Notice, 95 filed by Defendants Pam Ahlin, California Department of State Hospitals, Harry Oreol, Patton State Hospital. (Rich, Jonathan) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
98

REPLY in Opposition to State Defendants' Objections to Plaintiffs' Second Request for Judicial Notice filed by Plaintiffs O. M., M. S.. (Vogel, Brian) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
99

REPLY Declaration in Support of Plaintiffs' Reply to State Defendants' Objection to Plaintiffs' Second Request for Judicial Notice filed by Plaintiffs O. M., M. S.. (Vogel, Brian) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
100

OBJECTION IN SUPPORT re: NOTICE OF MOTION AND MOTION to Dismiss Case For Failure to State a Claim or For More Definite Statement 71 OBJECTION TO PLAINTIFFS' FIRST AND SECOND REQUEST FOR JUDICIAL NOTICE [DOC 80] and [DOC 95] filed by Defendants County of Ventura, Ventura County Sheriff Geoff Dean, Ventura County Sheriff Office. (Zambito, Rocco) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Disability Rights

Key Dates

Filing Date: May 4, 2016

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All persons who have been, during the time period of November 30, 2013, until the filling of the lawsuit, and/or who will be in the future: (1) incarcerated at the Ventura County Pre-Trial Detention Facility and/or the Todd Road Jail; (2) charged with a crime in Ventura County, California; (3) found by a court to be incompetent to stand trial and are held in custody while awaiting competency restoration services; and (4) have waited for court-ordered restoration services for seven or more days from the date on which the court entered an order for the Sheriff to transfer the person to a treatment facility.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Forensic Medical Group (Ventura, Ventura), Private Entity/Person

Director of Patton State Hospital (Patton, San Bernardino), State

Ventura County Sheriff's Office (Ventura), County

Director of California Forensic Medical Group (Ventura, Ventura), Private Entity/Person

MHM Services of California, Inc. (California), Private Entity/Person

County of Ventura (Ventura), County

Ventura County Sheriff (Ventura), County

Director of California Department of State Hospitals (Sacramento, Sacramento), State

Director of MHM Services of California, Inc., Private Entity/Person

Defendant Type(s):

Corrections

Hospital/Health Department

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

State Anti-Discrimination Law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Amount Defendant Pays: $1,300,000

Issues

General:

Counseling

Disciplinary procedures

Disparate Treatment

Improper treatment of mentally ill suspects

Pattern or Practice

Placement in detention facilities

Placement in mental health facilities

Reasonable Accommodations

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run