Case: Ahlman v. Barnes

8:20-cv-00835 | U.S. District Court for the Central District of California

Filed Date: April 30, 2020

Closed Date: Sept. 12, 2022

Clearinghouse coding complete

Case Summary

This putative class-action lawsuit was filed on April 30, 2020 in the U.S. District Court for the Central District of California by several people incarcerated in the Orange County Jail. The suit arose out of the COVID-19 pandemic that swept the world in early 2020. As the virus raged throughout the country, it became particularly problematic in jails and prison systems. This lawsuit alleged that Orange County Jail's management of the virus was wholly inadequate and in violation of the U.S. Constitution, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act. The suit alleged that requisite social distancing was not possible due to the high density of inmates in the jail, that the masks were simply pieces of fabric (and were not always used by guards), and that isolation policies were ineffective.

The plaintiffs were medically vulnerable inmates in Orange County Jail represented by ACLU National, ACLU Fund of Southern California, and ACLU Disabilities Rights Program attorneys, the UC Irvine Civil Rights Litigation Clinic, and private counsel. They sued Orange County and the Sheriff of Orange County, alleging that the defendants' failure to adequately mitigate the spread of COVID-19 in the jail system amounted to violations of the Eighth and Fourteenth Amendments of the U.S. Constitution. They argued that the conditions represented an unconstitutional punishment and unconstitutional confinement in violation of the Fourteenth Amendment, which guarantees that the state provide for reasonable health and safety of inmates. As for the Eighth Amendment, they argued that the lack of precautions constituted deliberate indifference to the health of the inmates as to be cruel and unusual punishment. The plaintiffs also argued that the failure to protect medically vulnerable inmates (particularly those with co-morbidities), constituted discrimination on the basis of disability in violation of the ADA and Section 504 of the Rehabilitation Act. Plaintiffs sought class certification; a writ of habeas corpus to identify all members of a Medically-Vulnerable Subclass and Disability Subclass and grant them release; injunctive relief in the form of a temporary restraining order, preliminary injunction, permanent injunction, or habeas corpus that would mitigate the spread of COVID-19; declaratory relief; and attorneys' fees and costs.

On May 11, 2020, the plaintiffs submitted an application for a temporary restraining order or preliminary injunction and a motion for provisional class certification. On May 26, the court granted the motion for provisional class-certification and granted in part and denied in part the application for a temporary restraining order. The grant of provisional class status created two classes, a Pre-Trial Class and a Post-Conviction Class. Under each of those were Disability Subclasses and Medically-Vulnerable Subclasses. The partial grant of the TRO mandated defendants to follow CDC social distancing guidelines, expand testing, and enhance sanitation efforts in the jails. It did not grant release to any prisoners, though. 2020 WL 2754938.

The defendants appealed this decision two days later and applied to stay the case pending a decision from the Ninth Circuit (docket #: 20-55568). In both the district court and the Ninth Circuit, the defendants filed emergency motions to stay the lower court decision, but the district court denied the motion on June 2. 2020 WL 4039073. The Ninth Circuit subsequently denied the motion before it on June 17. However, the Court of Appeals remanded the case to the district court to gauge whether any changed circumstances might require alterations to the TRO. 2020 WL 3547960.

The defendants then filed an ex parte application with the district court to dissolve the TRO, which the district court denied yet again in late June. The defendants argued unsuccessfully that the declining rate of COVID-19 in the Orange County Jail represented a significant enough change to warrant dissolution of the preliminary injunction. On July 1, the defendants appealed once more to the Ninth Circuit (docket #: 20-55668). And, once again, the Ninth Circuit denied the motion on July 3.

Then on July 21, the defendants brought the case to the Supreme Court, submitting an emergency application for stay of injunctive relief. In a 5-4 decision, the Court granted the stay on August 5. There was no majority opinion, but Justice Sotomayor wrote a dissent arguing that, even if the majority would have granted the stay at the district court, it was not so clearly wrong as to warrant granting certiorari. 2020 WL 4499350.

On August 25, the plaintiffs filed motions to dismiss as moot each of the pending appeals in the Ninth Circuit. They argued that the preliminary injunction had expired and therefore the appeals were moot. The defendants sought to continue litigating the appeals and alleged that without review by the appellate court, there was nothing to stop the district court from entering preliminary injunctions every 90 days throughout the life of the case. On October 15, 2020, the two appeals were consolidated, and oral arguments were held on September 1, 2021.

Discovery and various discovery disputes continued throughout 2021, including a March 9 order stating that defendants must produce Sheriff Barnes for deposition. The parties issued a joint report outlining a discovery plan on April 12, 2021. On July 19, 2021, the defendants filed a motion to dismiss. They argued that plaintiffs’ claims were moot and that the Court, therefore, lacked jurisdiction and that res judicata barred this action because of parallel state court action, Campbell v. Barnes.

On August 13, the defendants filed a motion to stay pending discovery. Then on September 17, the court issued an order denying defendants' motion to dismiss and motion to stay pending discovery. After considering the parties' various filings, the court determined that the matters were appropriate for resolution without a hearing. The Court held that the case was not moot, since COVID-19 was still a serious issue facing the inmates in this case. They further held that this case and the parallel state case did not involve the same causes of action, and therefore res judicata did not apply. Additionally, the court denied the defendant's motion to stay pending discovery, holding that since the plaintiffs had adjusted their discovery requests, the agreement between the parties eliminated any claim to “extreme hardship” on the part of defendants.

On December 10, 2021, the Ninth Circuit issued an opinion dismissing as moot the pending appeals by the defendants, holding that because the PLRA provides that any preliminary injunction automatically expires 90 days after being issued, the injunction and provisional class certification were no longer in effect. 20 F.4th 489. The Supreme Court denied certiorari review on May 31, 2022.

However, on that same day, the parties reached a preliminary settlement agreement. Among the terms of the settlement agreement were that the jail would follow CDC guidelines; offer free COVID testing and incentives for vaccination; permit greater out-of-cell time for persons in quarantine; increase their recordkeeping; and allow plaintiffs' counsel to monitor conditions via requests for video recordings. The parties agreed that the terms would be in effect until (1) the state of emergency were lifted in California; (2) six months had passed since final approval; or (3) February 1, 2023.

The preliminary settlement agreement and motion for class action certification were filed on June 1, 2022. In an order dated July 7, 2022, the court granted the class certification motion and preliminary approval of class action settlement. Over the course of the following weeks, the court received several letters regarding document discrepancies, which the court ordered be filed and processed on July 29, 2022. Plaintiffs filed a motion for final approval of the settlement agreement and attorneys' fees and costs on August 22, 2022. The court approved the settlement and attorneys' fees and costs in the amount of 4714,928.39.

	Document
20-A-00019	Docket [U.S. Supreme Court] Barnes v. Ahlman Supreme Court of the United States	Aug. 5, 2020	Aug. 5, 2020 Docket
20-55568	Docket [PACER] U.S. Court of Appeals for the Ninth Circuit	Aug. 7, 2020	Aug. 7, 2020 Docket
20-55668	Docket [PACER] U.S. Court of Appeals for the Ninth Circuit	Sept. 2, 2021	Sept. 2, 2021 Docket
8:20-cv-00835	Docket [PACER]	Oct. 25, 2021	Oct. 25, 2021 Docket
1 8:20-cv-00835	Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief	April 30, 2020	April 30, 2020 Pleading / Motion / Brief
41-1 & 41-2 8:20-cv-00835	Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction	May 11, 2020	May 11, 2020 Pleading / Motion / Brief
63 8:20-cv-00835	Supplemental Declaration of Dr. Joe Goldenson in Support of Plaintiffs' Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction	May 20, 2020	May 20, 2020 Declaration/Affidavit
65 8:20-cv-00835	Civil Minutes - General	May 26, 2020	May 26, 2020 Transcript
72 8:20-cv-00835	Civil Minutes - General	June 2, 2020	June 2, 2020 Transcript
79 8:20-cv-00835	First Amended Complaint for Injunctive and Declaratory Relief	June 12, 2020	June 12, 2020 Complaint

ECF Number	Description	Date	Link Date / Link
1	PETITION for Writ of Habeas Corpus by a Person in State Custody (28 USC 2254), Receipt No. BCACDC-26288526 for $5 filing fee, filed by Plaintiffs Cynthia Campbell, Michael Seif, Monique Castillo, Cecibel Caridad Ortiz, Daniel Kauwe, Mark Trace, Melissa Ahlman, Javier Esparza, Don Wagner, Pedro Bonilla. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T, # (21) Exhibit U, # (22) Exhibit V, # (23) Exhibit W, # (24) Exhibit X, # (25) Exhibit Y, # (26) Exhibit Z, # (27) Exhibit AA) (Attorney Mitchell A Kamin added to party Melissa Ahlman(pty:pla), Attorney Mitchell A Kamin added to party Pedro Bonilla(pty:pla), Attorney Mitchell A Kamin added to party Cynthia Campbell(pty:pla), Attorney Mitchell A Kamin added to party Monique Castillo(pty:pla), Attorney Mitchell A Kamin added to party Javier Esparza(pty:pla), Attorney Mitchell A Kamin added to party Daniel Kauwe(pty:pla), Attorney Mitchell A Kamin added to party Cecibel Caridad Ortiz(pty:pla), Attorney Mitchell A Kamin added to party Michael Seif(pty:pla), Attorney Mitchell A Kamin added to party Mark Trace(pty:pla), Attorney Mitchell A Kamin added to party Don Wagner(pty:pla))(Kamin, Mitchell) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER 22 Exhibit V View on PACER 23 Exhibit W View on PACER 24 Exhibit X View on PACER 25 Exhibit Y View on PACER 26 Exhibit Z View on PACER 27 Exhibit AA View on PACER	April 30, 2020	April 30, 2020 PACER
2	CIVIL COVER SHEET filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Kamin, Mitchell)	April 30, 2020	April 30, 2020 PACER
3	CERTIFICATE of Interested Parties filed by Plaintiffs All Plaintiffs, (Kamin, Mitchell)	April 30, 2020	April 30, 2020 PACER
4	Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,,,,, [1] filed by PLAINTIFFS Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Kamin, Mitchell)	April 30, 2020	April 30, 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 Percy Anderson and referred to Magistrate Judge Gail J. Standish, 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. (lh)	April 30, 2020	April 30, 2020 PACER
6	NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): A temporary restraining order (TRO) flag was indicated, but no TRO document was filed. (lh)	April 30, 2020	April 30, 2020 PACER
7	NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stacey Grigsby. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)	April 30, 2020	April 30, 2020 PACER
8	NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Olivia Ensign. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)	April 30, 2020	April 30, 2020 PACER
9	NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Cristina Becker. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)	April 30, 2020	April 30, 2020 PACER
10	NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Carl Takei. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)	April 30, 2020	April 30, 2020 PACER
11	NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Somil Trivedi. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)	April 30, 2020	April 30, 2020 PACER
12	NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Clara Spera. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)	April 30, 2020	April 30, 2020 PACER
13	NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Summons Request, [4]. The following error(s) was found: Other error(s) with document(s): Summons are Not issued for Habeas Petitions. Court will order service as appropriate. (lh)	April 30, 2020	April 30, 2020 PACER
14	RESPONSE filed by Pro Hac Vice attorney Carl Takei on behalf of Plaintiffs Melissa Ahlman, et al. RE: Notice of Filing Fee Due. PHV fee n/a. Attorney is a licensed California attorney, admitted to this Court, is currently Active and in good standing. (Thrasher, Lupe)	May 1, 2020	May 1, 2020 PACER
15	NOTICE of Related Case(s) filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. Related Case(s): 5:20-cv-00768; 19:cv-01546 (Kamin, Mitchell)	May 1, 2020	May 1, 2020 RECAP
16	MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. In light of the significant public policy issues involved in this action, the Court orders all of the parties in this action to meet and confer prior to the filing of all applications and motions for injunctive relief notwithstanding the exception in Local Rule 7-3, which otherwise exempts applications and motions for injunctive relief from the conference of counsel requirements. Prior to the filing of any application or motion seeking injunctive relief, the parties in this action shall contact opposing counsel to discuss thoroughly, the substance of any such contemplated application or motion, any potential resolution, and whether the parties can agree on an appropriate briefing schedule. All Notices of Motions and Applications seeking injunctive relief shall summarize counsel's pre-filing efforts to discuss these matters. (mrgo)	May 1, 2020	May 1, 2020 PACER
17	STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo)	May 1, 2020	May 1, 2020 PACER
18	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. Therefore, all filings should be directed to Judge Percy Anderson for review. The case will now reflect the initials of the transferee Judge 8:20-cv-00835 PA(GJSx). (rn)	May 1, 2020	May 1, 2020 PACER
19	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. (lh)	May 4, 2020	May 4, 2020 PACER
20	Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,,,,, [1] filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Kamin, Mitchell)	May 4, 2020	May 4, 2020 PACER
21	Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,,,,, [1] filed by Plaintiff Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Kamin, Mitchell)	May 4, 2020	May 4, 2020 PACER
26	21 DAY Summons Issued re Petition for Writ of Habeas Corpus, [1] as to defendant Orange County, California. (mrgo)	May 4, 2020	May 4, 2020 PACER
27	21 DAY Summons Issued re Petition for Writ of Habeas Corpus, [1] as to defendant Don Barnes. (mrgo)	May 4, 2020	May 4, 2020 PACER
22	APPLICATION of Non-Resident Attorney Clara Spera to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26333630) filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Declaration Clara Spera, # (2) Declaration Peter Eliasberg, # (3) Proposed Order) (Eliasberg, Peter) 1 Declaration Clara Spera View on RECAP 2 Declaration Peter Eliasberg View on PACER 3 Proposed Order View on PACER	May 5, 2020	May 5, 2020 PACER
23	APPLICATION of Non-Resident Attorney Cristina M. Becker Ellis to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26333703) filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Declaration of Cristina Becker, # (2) Declaration of Peter Eliasberg, # (3) Proposed Order) (Eliasberg, Peter) 1 Declaration of Cristina Becker View on RECAP 2 Declaration of Peter Eliasberg View on PACER 3 Proposed Order View on PACER	May 5, 2020	May 5, 2020 PACER
24	APPLICATION of Non-Resident Attorney Olivia Harper Ensign to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26333761) filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Declaration of Olivia Ensign, # (2) Declaration of Peter Eliasberg, # (3) Proposed Order) (Eliasberg, Peter) 1 Declaration of Olivia Ensign View on PACER 2 Declaration of Peter Eliasberg View on PACER 3 Proposed Order View on PACER	May 5, 2020	May 5, 2020 PACER
25	APPLICATION of Non-Resident Attorney Somil B. Trivedi to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26333835) filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Declaration of Somil Trivedi, # (2) Declaration of Peter Eliasberg, # (3) Proposed Order) (Eliasberg, Peter) 1 Declaration of Somil Trivedi View on PACER 2 Declaration of Peter Eliasberg View on PACER 3 Proposed Order View on PACER	May 5, 2020	May 5, 2020 PACER
28	NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Olivia Harper Ensign to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace,[24], APPLICATION of Non-Resident Attorney Cristina M. Becker Ellis to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Tra[23]. The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Application is incomplete. State or federal courts where attorneys are admitted is blank. DJ and MJ initials missing. (Thrasher, Lupe)	May 5, 2020	May 5, 2020 PACER
29	NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Clara Spera to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagne[22], APPLICATION of Non-Resident Attorney Somil B. Trivedi to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don[25]. The following error(s) was/were found: DJ and MJ initials missing. (Thrasher, Lupe)	May 5, 2020	May 5, 2020 PACER
30	ORDER by Judge Percy Anderson: granting [22] Non-Resident Attorney Clara Spera APPLICATION to Appear Pro Hac Vice on behalf of All Plaintiffs, designating Peter J Eliasberg as local counsel. (et)	May 5, 2020	May 5, 2020 PACER
31	ORDER by Judge Percy Anderson: granting [23] Non-Resident Attorney Cristina M. Becker Ellis APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner., designating Peter J Eliasberg as local counsel. (et)	May 5, 2020	May 5, 2020 PACER
32	ORDER by Judge Percy Anderson: granting [24] Non-Resident Attorney Olivia Harper Ensign APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner, designating Peter J Eliasberg as local counsel. (et)	May 5, 2020	May 5, 2020 PACER
33	ORDER by Judge Percy Anderson: granting [25] Non-Resident Attorney Somil Trivedi APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner., designating Peter J Eliasberg as local counsel. (et)	May 5, 2020	May 5, 2020 PACER
34	ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 5:18-cv-02604 JGB(SHKx). Case transferred from Judge Percy Anderson and Magistrate Judge Gail J. Standish to Judge Jesus G. Bernal and Magistrate Judge Shashi H. Kewalramani for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:20-cv-00835 JGB(SHKx). Signed by Judge Jesus G. Bernal (rn)	May 6, 2020	May 6, 2020 RECAP
35	NOTICE of Related Case(s) filed by Defendants Don Barnes, Orange County, California. With Exhibit and Certificate of Service Related Case(s): 8:19-cv-00258-JVS-KES (Attachments: # (1) Exhibit A)(Dunn, D) 1 Exhibit A View on PACER	May 7, 2020	May 7, 2020 RECAP
36	OBJECTIONS to Transferring Case purs GO 19-03 (Related Case)(CV-34), [34], Notice of Related Case(s), [15] With Certificate of Service filed by Defendants Don Barnes, Orange County, California. (Dunn, D)	May 7, 2020	May 7, 2020 RECAP
37	PROOF OF SERVICE Executed by Plaintiff Cynthia Campbell, Michael Seif, Monique Castillo, Cecibel Caridad Ortiz, Daniel Kauwe, Mark Trace, Melissa Ahlman, Javier Esparza, Don Wagner, Pedro Bonilla, upon Defendant Don Barnes served on 5/6/2020, answer due 5/27/2020. Service of the Summons and Complaint were executed upon LEANA GUZMAN, SECRETARY/AUTHORIZED TO ACCEPT SERVICE in compliance with statute not specified by personal service.Original Summons NOT returned. (Kamin, Mitchell)	May 8, 2020	May 8, 2020 PACER
38	PROOF OF SERVICE Executed by Plaintiff Cynthia Campbell, Michael Seif, Monique Castillo, Cecibel Caridad Ortiz, Daniel Kauwe, Mark Trace, Melissa Ahlman, Javier Esparza, Don Wagner, Pedro Bonilla, upon Defendant Orange County, California served on 5/6/2020, answer due 5/27/2020. Service of the Summons and Complaint were executed upon DORA GUILLEN, DEPUTY CLERK/AUTHORIZED TO ACCEPT SERVICE in compliance with statute not specified by personal service.Original Summons NOT returned. (Kamin, Mitchell)	May 8, 2020	May 8, 2020 PACER
39	OBJECTIONS to Notice of Related Case(s)[35] -- Plaintiffs' Objection to Defendants' Notice of Related Case, filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Exhibit A to Plaintiffs' Objection to Defendants' Notice of Related Case, # (2) Exhibit B to Plaintiffs' Objection to Defendants' Notice of Related Case)(Kamin, Mitchell) 1 Exhibit A to Plaintiffs' Objection to Defendants' Notice of Related Ca View on PACER 2 Exhibit B to Plaintiffs' Objection to Defendants' Notice of Related Ca View on PACER	May 9, 2020	May 9, 2020 RECAP
40	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), [37], Service of Summons and Complaint Returned Executed (21 days) [38]. The following error(s) was/were found: The judge's initials are incorrect and should be JGB(SHKx). SACV20-835-JGB(SHKx). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb)	May 11, 2020	May 11, 2020 PACER

Case: Ahlman v. Barnes

8:20-cv-00835 | U.S. District Court for the Central District of California

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