Case: Disability Rights California v. Sierra Vista Rehabilitation Center

2:09-cv-03664 | U.S. District Court for the Central District of California

Filed Date: May 22, 2009

Closed Date: Sept. 9, 2010

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy agency's records access authority. On May 22, 2009, Disability Rights California (DRC) filed this lawsuit in the U.S. District Court for the Central District of California against Sierra Vista Rehabilitation Center, a nursing facility whose residents included people with disabilities, and SunBridge, the company that operated it. DRC alleged that Sierra Vista violated the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI), 42 U.…

This is a case about a Protection and Advocacy agency's records access authority. On May 22, 2009, Disability Rights California (DRC) filed this lawsuit in the U.S. District Court for the Central District of California against Sierra Vista Rehabilitation Center, a nursing facility whose residents included people with disabilities, and SunBridge, the company that operated it. DRC alleged that Sierra Vista violated the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI), 42 U.S.C. § 10801 et seq., the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq., and California state law by failing to provide records about unlawful restraints at the facility and failing to allow DRC proper facility access. As California's Protection and Advocacy agency for people with disabilities, DRC had authority under federal law to request records and facility access. DRC sought a declaratory judgment and preliminary and permanent injunctions allowing DRC to access the records and the facility. Judge Frederick F. Mumm presided over this matter.

In its complaint, DRC alleged that it had received multiple reports that Sierra Vista residents were slammed against a wall and placed in unlawful restraints at the facility. Following these reports, DRC opened an investigation into Sierra Vista. As part of this investigation, DRC requested records from Sierra Vista on restraints used against residents, third-party incident reports on restraints, and Sierra Vista policies on restraints and uses of force against residents; Sierra Vista allegedly refused to provide some of these records. DRC also alleged that it had asked to visit the facility in order to inform residents about their rights and examine facility conditions, but Sierra Vista would only allow this with specific limitations. When Sierra Vista allegedly refused to provide all the requested information and facility access, DRC filed this lawsuit and moved for a preliminary injunction.

On June 10, 2009, after a motion by the defendants, the court ordered that SunBridge Braswell Enterprises, Inc., d/b/a Sierra Vista Rehabilitation Center, would replace the two previously-named defendants. Later that month, on June 22, DRC filed an amended complaint to reflect the substituted defendant. A week later, on June 29, SunBridge moved to dismiss the case.

Before the court ruled on the motions, the parties settled the lawsuit. On January 26, 2010, DRC notified the court it was voluntarily dismissing the case. The parties later filed a sealed agreement specifying the facility access procedures.

DRC subsequently moved for attorney's fees, arguing that the lawsuit and settlement had led to the records and facility access it had initially wanted. However, the court denied the motion on September 9, 2010. The court held that DRC was not entitled to attorney's fees because it had not won the case on the merits and its litigation did not benefit the public or cause the defendants to provide all the requested relief.

This case is closed.

Summary Authors

NDRN (8/20/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12673578/parties/disability-rights-california-v-sierra-vista-rehabilitation-center/


Judge(s)

Fairbank, Valerie Baker (California)

Attorney for Plaintiff

Bayley, Kevin Michael (California)

Iriarte, Maria F (California)

Scherer, Rachel Anne (California)

Attorney for Defendant

Libby, John F (California)

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Documents in the Clearinghouse

Document
3

2:09-cv-03664

Memorandum of Points and Authorities in Support of Plaintiff's Motion for Preliminary Injunction

May 22, 2009

May 22, 2009

Pleading / Motion / Brief
1

2:09-cv-03664

Complaint for Declaratory and Injunctive Relief

May 22, 2009

May 22, 2009

Complaint
2

2:09-cv-03664

Plaintiff's Motion for Preliminary Injunction

May 22, 2009

May 22, 2009

Pleading / Motion / Brief
22

2:09-cv-03664

First Amended Complaint for Declaratory and Injunctive Relief

June 22, 2009

June 22, 2009

Complaint
74-1

2:09-cv-03664

Memorandum of Points and Authorities in Support of Plaintiff's Motion for Attorney Fees

June 1, 2010

June 1, 2010

Pleading / Motion / Brief
99

2:09-cv-03664

Ruling on Submitted Matter: Plaintiff's Motion for Attorney Fees (Dkt. #74)

Sept. 9, 2010

Sept. 9, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12673578/disability-rights-california-v-sierra-vista-rehabilitation-center/

Last updated April 28, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants Sierra Vista Rehabilitation Center, Sunbridge Healthcare Corporation. (Filing fee $ 350: FEE PAID.), filed by plaintiff Disability Rights California.(ghap) (Additional attachment(s) added on 5/27/2009: # 1 Notice of Assignment, # 2 Summons, # 3 Civil Cover Sheet) (ds). (Entered: 05/26/2009)

May 22, 2009

May 22, 2009

Clearinghouse
2

MOTION for Preliminary Injunction filed by plaintiff Disability Rights California. Motion set for hearing on 6/22/2009 at 01:30 PM before Judge Valerie Baker Fairbank. Lodged Proposed Order. (ghap) (Additional attachment(s) added on 5/27/2009: # 1 Proposed Order) (ds). (Entered: 05/26/2009)

May 22, 2009

May 22, 2009

Clearinghouse
3

MEMORANDUM OF POINT AND AUTHORITIES in Support of MOTION for Preliminary Injunction 2 filed by Plaintiff Disability Rights California. (ghap) (ds). (Entered: 05/26/2009)

May 22, 2009

May 22, 2009

Clearinghouse
4

DECLARATION of Leslie Morrison, Kevin Bayle and Rachel Scherer in support of MOTION for Preliminary Injunction 2 filed by Plaintiff Disability Rights California. (ghap) (Additional attachment(s) added on 5/27/2009: # 1 Exhibits 1 - 16, # 2 Exhibits 17 - 24, # 3 Exhibits 25 - 39) (ds). (Entered: 05/26/2009)

May 22, 2009

May 22, 2009

PACER

20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Sierra Vista Rehabilitation Center, Sunbridge Healthcare Corporation. (ghap)

May 22, 2009

May 22, 2009

PACER
5

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Disability Rights California. (ghap) (ds). (Entered: 05/26/2009)

May 22, 2009

May 22, 2009

PACER
7

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(ghap) (Entered: 05/26/2009)

May 22, 2009

May 22, 2009

PACER
6

STANDING ORDER by Judge Valerie Baker Fairbank: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND ADDS TO THE LOCAL RULES. COUNSEL FOR PLAINTIFF SHALL IMMEDIATELY SERVE THIS ORDER ON ALL PARTIES, INCLUDING ANY NEW PARTIES TO THE ACTION. IF THIS CASE WAS REMOVED FROM STATE COURT, THE DEFENDANT WHO REMOVED THE CASE SHALL SERVE THIS ORDER ON ALL OTHER PARTIES; Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Conformed courtesy copies of all papers filed with the Court, including those filed electronically, shall be delivered on the next day of filing, by 12 noon, to the drop box outside the Chambers of Judge Valerie Baker Fairbank. The Judge's Chambers are located at the end of the hallway, past the courtroom. (see document for further details.) (jp) (Entered: 05/26/2009)

May 26, 2009

May 26, 2009

PACER
8

OF SERVICE filed by Attys. for Plaintiff Disability Rights California, re Complaint - (Discovery), Complaint - (Discovery) 1 Proof served on 05/22/09. (Stortz, Michael) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

PACER
9

NOTICE Notice of Errata filed by Attys. for Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

PACER
10

STIPULATION to Continue Plaintiff's Motion for a Preliminary Injunction to July 6, 2009, STIPULATION for Hearing filed by Defendant Sierra Vista Rehabilitation Center. (Attachments: # 1 Proposed Order to 1.) Continue Plaintiff's Motion for a Preliminary Injunction to 07/06/2009; 2.) Set a Hearing on Defendant's Motion to Dismiss on 07/06/2009; and 3.) Set Briefing Schedule on Plaintiff's Preliminary Injunction Motion and Defendant's Motion to Dismiss)(Libby, John) (Entered: 06/05/2009)

June 5, 2009

June 5, 2009

PACER
11

ORDER by Judge Valerie Baker Fairbank, Stipulation to Continue Plaintiff Motion, concurrently set a hearing on Defendant Motion to Dismiss, and Set a Briefing Schedule on both motions 10, and for good cause shown, this Court accepts and adopts the parties Stipulation. Therefore, the hearing and briefing schedule on Plaintiff Motion for Preliminary Injunction and Defendant Motion to Dismiss shall be as follows: (1) Hearing Date for Plaintiff Motion for Preliminary Injunction 2 : 7/6/2009 at 01:30 PM. (2) Due date for filing Opposition to Motion for Preliminary Injunction 6/22/2009; (3) Due date for filing Reply re: Motion for Preliminary Injunction: 7/29/2009; (4) Hearing Date for Defendant Motion to Dismiss: 7/6/2009; (5) Due date for filing Motion to Dismiss: 6/11/2009; (6) Due date for filing Opposition to Motion to Dismiss: 6/22/2009; (7) Due date for filing Reply re: Motion to Dismiss: 6/29/2009. (jp) (Entered: 06/08/2009)

June 5, 2009

June 5, 2009

PACER
12

NOTICE OF MOTION AND MOTION to Substitute SunBridge Braswell Enterprises, Inc., dba Sierra Vista Rehabilitation Center for Sierra Vista Rehabilitation Center and Sunbridge Healthcare Corporation -- Stipulation Substituting Parties filed by Defendants Sierra Vista Rehabilitation Center, Sunbridge Healthcare Corporation. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

PACER
16

ORDER by Judge Valerie Baker Fairbank granting Motion to Substitute Party 12 . Defendants Sierra Vista Rehabilitation Center and "Sunbridge Healthcare Corporation" are no longer parties to this action, by reason of the fact that the licensee of the facility at issue in Plaintiffs Complaint isSunBridge Braswell Enterprises, Inc., dba Sierra Vista Rehabilitation Center. SunBridge Braswell Enterprises, Inc., dba Sierra Vista Rehabilitation Center is substituted as a party to this action in place of the parties identified in paragraph (1) above. (See attached Order for further information). (jp) (Entered: 06/12/2009)

June 10, 2009

June 10, 2009

PACER
13

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Sierra Vista Rehabilitation Center, Sunbridge Healthcare Corporation. Motion set for hearing on 7/6/2009 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Libby, John) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

PACER
14

REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 13 filed by Defendant Sierra Vista Rehabilitation Center, Sunbridge Healthcare Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Libby, John) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

PACER
15

CERTIFICATE of Interested Parties filed by Defendant Sierra Vista Rehabilitation Center, Sunbridge Healthcare Corporation, identifying Sunbridge Braswell Enterprises, Inc., Regency Health Services, Inc., Sunbridge Healthcare Corporation, Sun Healthcare Group, Inc. (Libby, John) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

PACER
17

***THIS DOCUMENT IS STRICKEN FROM THE COURT RECORD, PERSUANT TO DOCUMENT NUMBER 23*** AMENDED DOCUMENT filed by Plaintiff Disability Rights California. First Amended Complaint (Stortz, Michael) Modified on 6/24/2009 (jp). (Entered: 06/19/2009)

June 19, 2009

June 19, 2009

PACER
18

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Amended Complaints must be manually filed RE: Amended Document (Non-Motion) 17 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (kbr) (Entered: 06/22/2009)

June 19, 2009

June 19, 2009

PACER
19

Plaintiff's Opposition re: MOTION to Dismiss Case 13 filed by Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

PACER
20

MEMORANDUM in Opposition to MOTION for Preliminary Injunction 2 -- Memorandum of Points and Authorities in Opposition filed by Defendants SunBridge Braswell Enterprises Inc, Sierra Vista Rehabilitation Center. (Attachments: # 1 Declaration s in Support of Opposition)(Libby, John) (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

PACER
21

OBJECTIONS in Opposition to Plaintiff's Evidence Submitted in Support of Motion for Preliminary Injunction re: MOTION for Preliminary Injunction 2 filed by Defendants SunBridge Braswell Enterprises Inc, Sierra Vista Rehabilitation Center. (Libby, John) (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

PACER
22

FIRST AMENDED COMPLAINT against defendant SunBridge Braswell Enterprises Inc amending Complaint - (Discovery) 1, filed by plaintiff Disability Rights California Protection and Advocacy Agency for Persons with Disabilities. (jp) (Entered: 06/24/2009)

June 22, 2009

June 22, 2009

Clearinghouse
23

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Deputy Clerk K. Bradshaw for Judge Valerie Baker Fairbank: In accordance with the Notice to Filer Of Deficiencies In Electronically Filed Documents. REGARDING: Amended Document (First Amended Complaint) 17 is STRICKEN from the Record. (jp) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

PACER
24

MINUTES (IN CHAMBERS): ORDER by Judge Valerie Baker Fairbank: finding as moot 13 Motion to Dismiss Case. The hearing set for July 6, 2009 at 1:30 p.m. on Plaintiffs Motion for Preliminary Injunction (Doc. 2) remains on calendar. (kbr) (Entered: 06/25/2009)

June 24, 2009

June 24, 2009

PACER
25

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(6) filed by Defendant SunBridge Braswell Enterprises Inc, Sierra Vista Rehabilitation Center. Motion set for hearing on 7/20/2009 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Exhibit A to Motion to Dismiss, # 2 Proposed Order re Sun M.T.D. to FAC)(Libby, John) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

PACER
26

REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(6) 25 filed by Defendant SunBridge Braswell Enterprises Inc, Sierra Vista Rehabilitation Center. (Attachments: # 1 Exhibit A to Request for Judicial Notice, # 2 Exhibit B to Request for Judicial Notice)(Libby, John) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

PACER
27

REPLY REPLY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION filed by Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

PACER
28

DECLARATION of Michael Stortz & Rachel Scherer in Support MOTION for Preliminary Injunction 2 Supplemental filed by Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

PACER
29

to Defendant's Failure to Comply with FRCP 5.1 in Support of Motion for Preliminary Injunction re: MOTION for Preliminary Injunction 2 filed by Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

PACER
30

Request for Judicial Notice in Support of Motion for Preliminary Injunction re MOTION for Preliminary Injunction 2 filed by Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

PACER
31

RESPONSE IN SUPPORT Plaintiff's Response to Defendant's Objections to Plaintiff's Evidence filed by Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

PACER
32

Objections to Defendant's Evidence Submitted in Support of Motion for Preliminary Injunction Support re: MOTION for Preliminary Injunction 2 filed by Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

PACER
33

NOTICE Notice of Errata filed by Plaintiff Disability Rights California. NOTICE OF ERRATA RE: RESPONSE TO DEFENDANTS OBJECTIONS TO PLAINTIFFS EVIDENCE SUBMITTED IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION (Stortz, Michael) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

PACER
34

RESPONSE IN SUPPORT of MOTION for Preliminary Injunction 2 Corrected Response to Def's Objection to Plaintiff's Evid Submitted in Support of Motion for Preliminary Injunction filed by Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

PACER
35

OBJECTIONS to Motion Related Document 30, Declaration (Motion related) 28 filed by Defendant SunBridge Braswell Enterprises Inc. (Libby, John) (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

PACER
36

STIPULATION to Continue Plaintiff's Motion for a Preliminary Injunction to July 27, 2009; and Setting Hearing and Briefing Schedule on Defendant's Motion to Dismiss Plaintiff's First Amended Complaint on July 27, 2009 (to be heard concurrently with Plaintiff's Preliminary Injunction Motion) to July 27, 2009 at 1:30 pm filed by Defendant Sierra Vista Rehabilitation Center. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

PACER
37

ORDER TO (1) CONTINUE PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION and (2) SET A HEARING AND BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT by Judge Valerie Baker Fairbank. Hearing Date for Plaintiff's Motion for Preliminary Injunction: July 27, 2009 at 1:30 pm; Hearing Date for Defendant's Motion to Dismiss: July 27, 2009 at 1:30 pm; Due date for filing Opposition to Motion to Dismiss: July 13, 2009; Due date for filing Reply re: Motion to Dismiss: July 20, 2009. (kbr) (Entered: 07/06/2009)

July 2, 2009

July 2, 2009

PACER
38

MINUTES IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER. Counsel are hereby notified that a Scheduling Conference has been set for 8/3/2009 at 8:30 AM. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Rule 26(f) Report, ADR Pilot Program Questionnaire, and a Notice of Settlement Procedure Selection Form ADR-1/ADR-12 on or before 8/27/2009. The Court requests that a mandatory chambers copy of the report be delivered to chambers by 12:00 p.m. the following day.If counsel fail to file the required Joint Rule 26(f) Report and a Notice of Settlement Procedure Selection form or fail to appear at the Scheduling Conference and such failure is not otherwise satisfactorily explained to the Court, the Court may take such action as it deems appropriate, such as monetary sanctions, or ultimately, dismissal or default. (jp) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

PACER
39

STIPULATION to Continue Motion for a Preliminary Injunction & Motion to Dismiss from July 27, 2009 to October 5, 2009 filed by Plaintiff Disability Rights California.(Stortz, Michael) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

PACER
40

NOTICE OF LODGING filed July 13, 2009 re Stipulation to Continue 39 (Stortz, Michael) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

PACER
41

ORDER by Judge Valerie Baker Fairbank, re Stipulation to Continue 39 for good cause shown, this Court accepts and adopts the parties Stipulation.Therefore, the hearing and briefing schedule on Plaintiff Motion forPreliminary Injunction and Defendants Motion to Dismiss shall be asfollows: (1) Hearing Date for Plaintiff MOTION for Preliminary Injunction 2 : 8/10/2009 at 1:30 PM.; (2) Hearing date for Defendant MOTION to Dismiss First Amended Complaint 25 continued to 8/10/2009 at 1:30 PM.; Due date for Plaintiff Opposition to Defendant Motion to Dismiss on 7/24/2009; (4) Due date for Defendant Reply in support of Motion to Dismiss on 7/31/2009; The Court finds insufficient grounds set forth for the extensions and continuances sought; good cause not shown. The Court Continues the Scheduling Conference set for 9/14/2009 at 8:30 AM. (jp) (Entered: 07/14/2009)

July 13, 2009

July 13, 2009

PACER
42

STIPULATION to Continue -- (1) Re: Case Management and Status of Settlement Discussions; (2) To Continue Plaintiff's Motion for a Preliminary Injunction to October 5, 2009; and (3) To Continue Defendant's Motion to Dismiss to October 5, 2009 (to be heard concurrently with Plaintiff's Preliminary Injunction Motion); (4) To Set Briefing Schedule on Defendant's Motion to Dismiss filed by Defendant SunBridge Braswell Enterprises Inc, Sierra Vista Rehabilitation Center. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 07/22/2009)

July 22, 2009

July 22, 2009

PACER
43

ORDER by Judge Valerie Baker Fairbank, re Stipulation to Continue 42, good cause shown, this Court accepts and adopts the parties Stipulation. Therefore: (1) The hearing on Plaintiff MOTION for Preliminary Injunction 2, currently set for 8/10/2009, shall be CONTINUED to 9/25/2009 at 3:00 AM. (2) The hearing on Defendant MOTION to Dismiss the Plaintiff's First Amended Complaint 13, currently set for 8/10/2009, shall be CONTINUED to 9/25/2009 3:00 PM. Plaintiff Opposition to Defendants Motion to Dismiss shall be due on 9/9/2009. Defendant Reply Papers on the Motion to Dismiss shall be due on 9/16/2009. (3) The due date for the parties Joint Rule 26(f) report, ADR Pilot Program Questionnaire, and Notice of Settlement Procedure Selection Form ADR-1/ADR-12 shall be continued to 8/31/2009. Further continuances are disfavored absent a particularized showing of good cause. (jp) (Entered: 07/23/2009)

July 23, 2009

July 23, 2009

PACER
44

MINUTES IN CHAMBERS by Judge Valerie Baker Fairbank: COURT ORDER (1) ADVANCING HEARING ON Plaintiff's MOTION for a Preliminary Injunction 2 ; and Defendant's MOTION to Dismiss 25 ; and REQUESTING Supplemental Briefing Regarding Resolution of Any Disputed Issues. The Court, on its own Motion, advances the hearing on Plaintiff's Motion for Preliminary Injunction and Defendant's Motion to Dismiss from 9/25/2009 at 3:00 PM., to 9/23/2009 at 3:00 AM. The briefing schedule ordered by the Court, set forth in the 7/23/2009 Order (Doc. 43), remains. Accordingly, the Court orders counsel, either jointly or individually, to file a short report outlining which of the disputed issues pertaining to the Motion for Preliminary Injunction have been resolved. See Proposed Order at Paragraphs 4, 5(a)(j)(setting forth the specific access requested). Said report(s) should be filed on or before 9/3/2009. (jp) (Entered: 08/25/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
45

JOINT REPORT Rule 26(f) Discovery Plan -- Proposed Discovery Plan and Case Management Statement ; estimated length of trial -- Plaintiff estimates four days; Defendant estimates four to eight days, filed by Defendants SunBridge Braswell Enterprises Inc, Sierra Vista Rehabilitation Center.. (Libby, John) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

PACER
46

STATUS REPORT of -- Joint Report from Plaintiff and Defendant Re: Status of Resolved Issues filed by Defendant SunBridge Braswell Enterprises Inc. (Libby, John) (Entered: 09/03/2009)

Sept. 3, 2009

Sept. 3, 2009

PACER
47

STIPULATION to Continue (1) Hearings and Briefings Schedule on Motion for Preliminary Injunction and Motion to Dismiss an Additional Two (2) Weeks (With a Hearing Date of October 7, 2009); (2) Discuss Certain Case Management Issues at the September 14, 2009 Scheduling Conference filed by Defendant SunBridge Braswell Enterprises Inc. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 09/04/2009)

Sept. 4, 2009

Sept. 4, 2009

PACER
48

ORDER TO CONTINUE THE HEARING DATE AND BRIEFING SCHEDULE FOR PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION AND DEFENDANT'S MOTION TO DISMISS TO OCTOBER 7, 2009; AND REGARDING SUBJECT MATTERS TO BE DISCUSSED AT THE SEPTEMBER 14, 2009 SCHEDULING CONFERENCE by Judge Valerie Baker Fairbank. (kbr) (Entered: 09/08/2009)

Sept. 4, 2009

Sept. 4, 2009

PACER
49

MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank re: SETTLEMENT CONFERENCE BEFORE MAGISTRATE AND CONTINUANCE OF HEARING ON PENDING MOTIONS. In light of the settlement conference, the hearing on the pending Motions 2 and [25 will be continued one week, to October 14, 2009 at 3:00 pm. (kbr) (Entered: 09/15/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
50

MINUTES Scheduling Conference held before Judge Valerie Baker Fairbank: The Court holds a Scheduling Conference and sets trial and pretrial dates, as indicated on the Scheduling and Case Management Order filed today, including: Trial set for 11/2/2010 at 8:30 AM. Status Conference set for 10/18/2010 at 2:30 PM. Nonexpert Discovery cut-off 3/1/2010. Expert Discovery Cutoff 6/7/2010, with disclosures as stated in the Joint Report Motion Filing Cutoff 6/30/2010. Hearing on Dispositive Motions 9/17/2010 at 1:30PM. As reflected more fully in the Reporter notes, the Court will hear any pretrial motions counsel wish to bring at the 10/18/2010 Status Conference. Said motions should be filed three weeks prior to the status conference, in accordance with the federal and local rules. Court Reporter: Rosalyn Adams. (jp) (Entered: 09/15/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
51

ORDER by Magistrate Judge Frederick F. Mumm,, ( Settlement Conference set for 10/9/2009 01:30 PM before Magistrate Judge Frederick F. Mumm.) (see attached) (jm) (Entered: 09/21/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
52

STIPULATION to Continue Briefing Schedule on Defendant's Motion to Dismiss and Plaintiff's Preliminary Injunction Motion for One (1) Week in Light of Status of Parties' Settlement Discussions (With the Hearing Dates to Remain Set for October 14, 2009) filed by Defendant SunBridge Braswell Enterprises Inc, Sierra Vista Rehabilitation Center. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

PACER
53

ORDER by Judge Valerie Baker Fairbank, re Stipulation to continue the briefing schedule on both Plaintiff's Motion for Preliminary Injunction and Defendant's Motion to Dismiss 52, and for good cause shown, this Court accepts and adopts the parties Stipulation. Therefore, the briefing schedule on Plaintiff's Motion for Preliminary Injunction 2 and Defendant's Motion to Dismiss 25 shall be as follows: (1) Plaintiff's Opposition to Defendant's Motion to Dismiss shall be due 9/30/2009. (2) Defendant's Reply Papers in support of Motion to Dismiss shall be due on 10/7/2009. (3) The consolidated hearing on Plaintiff's MOTION for Preliminary Injunction and Defendant's MOTION to Dismiss 25, currently scheduled for 10/14/2009 at 3:00 PM., remain on calendar. (jp) (Entered: 09/23/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
54

STIPULATION to Continue Hearing and Briefing Schedule on Defendant's Motion to Dismiss and Plaintiff's Preliminary Injunction Motion for Three (3) Weeks in Light of Status of Parties' Settlement Discussions (With the Hearing Dates to Be Set for November 4, 2009) filed by Defendant SunBridge Braswell Enterprises Inc. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER
55

ORDER by Judge Valerie Baker Fairbank, re Stipulation to Continue 54, Therefore, the briefing schedule on Plaintiff's MOTION for Preliminary Injunction 2 and Defendant's MOTION to Dismiss 25 shall be as follows: (1) Plaintiff's Opposition to Defendant's Motion to Dismiss shall be due 10/21/2009; (2) Defendant's Reply Papers in Support of Motion to Dismiss shall be due on 10/28/2009; (3) The consolidated hearing on Plaintiff's Motion for a Preliminary Injunction and Defendant's Motion to Dismiss the First Amended Complaint shall be continued to 11/4/2009 at 2:30 PM. (jp) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

PACER
58

MINUTES OF Settlement Conference held before Magistrate Judge Frederick F. Mumm: The parties agreed to submit the issue of attorney's fees to the Court. (jm) (Entered: 10/21/2009)

Oct. 9, 2009

Oct. 9, 2009

PACER
56

STIPULATION to Continue Hearing and Briefing Schedule with Respect to: (1) Plaintiff's Motion for a Preliminary Injunction; and (2) Defendant's Motion to Dismiss from 11/04/2009 to 12/02/2009 at 1:30 pm filed by Defendant SunBridge Braswell Enterprises Inc. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 10/20/2009)

Oct. 20, 2009

Oct. 20, 2009

PACER
57

ORDER by Judge Valerie Baker Fairbank, re Stipulation to Continue 56, for good cause shown, this Court accepts and adopts the parties Stipulation. Therefore, the court orders as follows: The hearing dates on Plaintiff's Motion for Preliminary Injunction 2 and Defendant's MOTION to Dismiss 25 shallb e CONTINUED to 12/7/2009 at 1:30 PM. The briefing scheduling concerning Defendant's Motion Dismiss shall be continued as follows: Plaintiff Opposition to the Motion is due 11/18/2009; Defendant's Reply is due on 11/25/2009. (jp) (Entered: 10/21/2009)

Oct. 20, 2009

Oct. 20, 2009

PACER
59

STIPULATION to Continue Hearing and Briefing Schedule with Respect to: (1) Plaintiff's Motion for a Preliminary Injunction; and (2) Defendant's Motion to Dismiss from December 7, 2009 to January 25, 2010 at 1:30 p.m. Re: MOTION for Preliminary Injunction 2, MOTION to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(6) MOTION to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(6) 25 filed by Defendant SunBridge Braswell Enterprises Inc. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 11/16/2009)

Nov. 16, 2009

Nov. 16, 2009

PACER
60

ORDER by Judge Valerie Baker Fairbank, re Stipulation to Continue 59 for good cause shown, this Court accepts and adopts the parties Stipulation. Therefore, the Court orders as follows: (1) The hearing dates on Plaintiff MOTION for Preliminary Injunction 2, and Defendant's MOTION to Dismiss 25 shall be continued to 1/25/2009 at 1:30 PM. (2) The briefing schedule concerning Defendant's Motion to Dismiss shall be continued as follows: (1) Plaintiff's Oppositiont o the Motion is due 1/11/2010; and (b) Defendant's Reply is due on 1/18/2010. (jp) (Entered: 11/18/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER
61

STIPULATION to Withdraw Motion MOTION for Preliminary Injunction 2 ; Take Off Calendar Plaintiff's Motion for Preliminary Injunction and Defendant's Motion to Dismiss; and Set a Hearing Briefing Schedule and Hearing on Plaintiff's Motion for Attorneys' Fees filed by Defendant SunBridge Braswell Enterprises Inc. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 01/08/2010)

Jan. 8, 2010

Jan. 8, 2010

PACER
62

ORDER by Judge Valerie Baker Fairbank, re Stipulation 61 for, inter alia, Plaintiffs voluntary dismissal without prejudice and for good cause shown, this Court accepts and adopts the parties' Stipulation. Therefore, the Court orders as follows: (1) The pending Plaintiff's Motion for Preliminary Injunction 2 and Defendnt's Motion to Dismiss 25, are hereby TAKEN OFF CALENDAR. (2) Plaintiff's First Amended Complait shall be DISMISSED without prejudice upon filing of Plaintiff's Notice of Voluntary Dismissal, except that this Court shall retain jurisdiction of this case to resolve the issue ofwhether Plaintiff is entitled to attorneys fees; (3) Dismissal of the action and determination of Plaintiffs Motion for Attorney's Fees shall be scheduled as follows: Within 15 days of the court's execution of tis Order, but in no event earlier than 1/25/2010, Plaintiff shall voluntarily dismiss, withotu prejudice, its entire action against Defendant; On 2/9/2010, Plaintiff will serve and file its Motion for Attorneys' Fees pursuant to FRCP Rule54 and Local Rule 54-12; On 3/2/2010, Defendant will serve and file its Opposition to Plaintiff's Motion for Attorneys' Fees; On 3/16/2010, Plaintiff will serve and file ts Reply to Defendant's Opposition; and On 3/29/2010 at 1:30 PM., the Court shall conduct a hearing on Plaintiff's Motion for Attorneys' Fees. (4) Plaintiff and Defendant shall each bear their own statutory costs. (jp) (Entered: 01/12/2010)

Jan. 11, 2010

Jan. 11, 2010

PACER
63

NOTICE of Voluntary Dismissal filed by Plaintiff Disability Rights California. Dismissal is without prejudice. (Stortz, Michael) (Entered: 01/26/2010)

Jan. 26, 2010

Jan. 26, 2010

PACER
64

STIPULATION to Continue [Re 62] the Hearing Date And Briefing Schedule On Plaintiffs Motion For Attorneys Fees from March 29, 2010 to June 7, 2010 at 1:30 p.m. filed by Defendant SunBridge Braswell Enterprises Inc. (Attachments: # 1 [Proposed] Order)(Libby, John) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
65

ORDER by Judge Valerie Baker Fairbank, re Stipulation to Continue the hearing date and briefing schedule on Plaintiff's Motion for Attorneys Fees 64, and for good cause shown, this Court accepts and adopts the parties Stipulation. Therefore: (1) (1) The hearing on Plaintiffs Motion for Attorneys' Fees shall be continued to 6/7/2010 at 1:30 PM. (2) The briefing schedule concerning Plaintiff's Motion for Attorneys' Fees shall be continued as follows: (a) on 4/20/2010, Plaintiff will serve and file its Motion for Attorneys' Fees pursuant to Fed. Rule of Civ. Procedure Rule 54 and Local Rule 54-12;; (b) On 5/11/2010, Defendant will serve and file its Opposition to Plaintiffs Motion for Attorneys' Fees; (c) On 5/25/2010, Plaintiff will serve and file its Reply to the Defendant's Opposition. (jp) (Entered: 02/02/2010)

Feb. 2, 2010

Feb. 2, 2010

PACER
66

STIPULATION to Continue the Hearing and Briefing Schedule on Plaintiff's Motion for Attorneys' Fees from June 7, 2010 to July 12, 2010 filed by Defendant Sierra Vista Rehabilitation Center, SunBridge Braswell Enterprises Inc. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

PACER
67

ORDER by Judge Valerie Baker Fairbank, re Stipulation requesting a continuance of the hearing dates and briefing schedule for Plaintiff's Motion for Attorneys' Fees 66 and for good cause shown, this Court accepts and adopts the parties' Stipulation. Therefore: (1) The hearing on Plaintiff's Motion for Attorneys' Fees, currently set for 6/7/2010 shall be continued to 7/12/2010 at 1:30 PM. (2) Plaintiffs Motion for Attorneys' Fees shall be due on 6/1/2010. Defendant's Opposition to Plaintiff's Motion for Attorneys' Fees shall bedue on 6/22/2010. Plaintiff's Reply Papers on the Motion for Attorneys' Feesshall be due on 6/29/2010. (jp) (Entered: 04/14/2010)

April 13, 2010

April 13, 2010

PACER
68

NOTICE of Manual Filing filed by plaintiff Disability Rights California. (Stortz, Michael) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
69

STIPULATION to Continue the Hearing and Briefing Schedule on Plaintiff's Motion for Attorneys' Fees from July 12, 2010 to August 30, 2010 filed by Defendant SunBridge Braswell Enterprises Inc. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
70

PETITION to File Physical Access Agreement Under Seal 9L.R. 79-5.1) filed by plaintiff Disability Rights California. Lodged Proposed Order. (jp) (Entered: 06/01/2010)

May 28, 2010

May 28, 2010

PACER
71

STIPULATION to Submit Parties Physical Access Agreement to Court Under Seal filed by plaintiff Disability Rights California. Lodged Proposed Order. (jp) (Entered: 06/01/2010)

May 28, 2010

May 28, 2010

PACER
72

ORDER by Judge Valerie Baker Fairbank: granting 70 Application to Seal Parties' Physical Access Agreement. (se) (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

PACER
73

SEALED DOCUMENT - AGREEMENT ON PHYSICAL ACCESS.(cbr) (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

PACER
74

NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Disability Rights California. Motion set for hearing on 7/12/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Memorandum Points & Authorities, # 2 Declaration in Support of Motion for Attorneys Fees (pt. 1), # 3 Declaration in Support of Motion for Attorneys Fees (pt. 2), # 4 Proposed Order Granting Attorneys Fees)(Stortz, Michael) (Entered: 06/01/2010)

1

View on Clearinghouse

June 1, 2010

June 1, 2010

PACER
75

PROOF OF SERVICE filed by PLAINTIFF Disability Rights California, re Order on Application to Seal (document) 72, Miscellaneous Document 73, Stipulation to Seal 71, APPLICATION to Seal 70 served on May 28, 2010. (Stortz, Michael) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

PACER
76

Amended STIPULATION to Continue the Hearing and Briefing Schedule on Plaintiff's Motion for Attorneys' Fees to August 30, 2010 at 1:30 pm Re: Stipulation to Continue, 69 filed by Defendant SunBridge Braswell Enterprises Inc. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

PACER
77

ORDER by Judge Anderson Percy for Judge Valerie Baker Fairbank. Upon review of Plaintiff Amended Stipulation and for good cause shown,this Court accepts and adopts the parties Stipulation 76 . Therefore: (1) The hearing on Plaintiff's MOTION for Attorney Fees 74 currently set for 7/12/2010 shall be continued to 8/30/2010 at 01:30 PM., in the above-referenced Court. (2) The briefing schedule for Plaintiff's Motion for Attorneys' Fees shall remain the same as set forth in the Court 4/13/2010 Order to Continue Hearing Date and Briefing Schedule on Plaintiffs Motion for Attorney' Fees. (jp) Modified on 6/4/2010 (jp). (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

PACER
78

MEMORANDUM in Opposition to MOTION for Attorney Fees 74 filed by Defendants Sierra Vista Rehabilitation Center, SunBridge Braswell Enterprises Inc. (Libby, John) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

PACER
79

DECLARATION of John F. Libby in Opposition to MOTION for Attorney Fees 74 filed by Defendants Sierra Vista Rehabilitation Center, SunBridge Braswell Enterprises Inc. (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)(Libby, John) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

PACER
80

DECLARATION of Brand Cooper in Opposition to MOTION for Attorney Fees 74 filed by Defendants Sierra Vista Rehabilitation Center, SunBridge Braswell Enterprises Inc. (Attachments: # 1 Exhibit I, # 2 Exhibit J)(Libby, John) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

PACER
81

DECLARATION of Michael Gassis in Opposition to MOTION for Attorney Fees 74 filed by Defendants Sierra Vista Rehabilitation Center, SunBridge Braswell Enterprises Inc. (Libby, John) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

PACER
82

REPLY in support of MOTION for Attorney Fees 74 filed by Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
83

DECLARATION of Curtis L. Decker in Support of Plaintiff's Motion for Attorneys' Fees filed by Plaintiff Disability Rights California. (Attachments: # 1 Exhibit A)(Stortz, Michael) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
84

DECLARATION of Deborah Dorfman in Support of Plaintiff's Motion for Attorneys' Fees filed by Plaintiff Disability Rights California. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Stortz, Michael) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
85

DECLARATION of Rachel Scherer in Support of Plaintiff's Motion for Attorneys' Fees filed by Plaintiff Disability Rights California. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Stortz, Michael) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
86

DECLARATION of Dara Schur in Support of Plaintiff's Motion for Attorneys' Fees filed by Plaintiff Disability Rights California. (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)(Stortz, Michael) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
87

DECLARATION of Michael Stortz in Support of Plaintiff's Motion for Attorneys' Fees filed by Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
88

Objection to Defendant's Evidence Submitted in Support of re: MOTION for Attorney Fees 74 filed by Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
89

EX PARTE APPLICATION for Leave to File Objections to Evidence Submitted by Plaintiff in Support of Plaintiff's: (1) Motion for Attorney Fees; and (2) Reply Brief in Support of Motion for Attorneys' Fees; Memorandum of Points and Authorities; and Declaration of Jeffrey J. Maurer in Support Thereof filed by Defendant SunBridge Braswell Enterprises Inc. (Attachments: # 1 Proposed Order, # 2 Declaration of Jeffrey J. Maurer, # 3 Exhibit A to the Declaration of Jeffrey J. Maurer, # 4 Exhibit B to the Declaration of Jeffrey J. Maurer, # 5 Exhibit C to the Declaration of Jeffrey J. Maurer)(Libby, John) (Entered: 08/09/2010)

Aug. 9, 2010

Aug. 9, 2010

PACER
90

OPPOSITION OPPOSITION re: EX PARTE APPLICATION for Leave to File Objections to Evidence Submitted by Plaintiff in Support of Plaintiff's: (1) Motion for Attorney Fees; and (2) Reply Brief in Support of Motion for Attorneys' Fees; Memorandum of Points and Authorities; EX PARTE APPLICATION for Leave to File Objections to Evidence Submitted by Plaintiff in Support of Plaintiff's: (1) Motion for Attorney Fees; and (2) Reply Brief in Support of Motion for Attorneys' Fees; Memorandum of Points and Authorities; EX PARTE APPLICATION for Leave to File Objections to Evidence Submitted by Plaintiff in Support of Plaintiff's: (1) Motion for Attorney Fees; and (2) Reply Brief in Support of Motion for Attorneys' Fees; Memorandum of Points and Authorities; 89 filed by Plaintiff Disability Rights California. (Attachments: # 1 Proposed Order DENYING EX PARTE APPLICATION FOR LEAVE TO FILE OBJECTIONS)(Stortz, Michael) (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

PACER
91

MINUTES (IN CHAMBERS): ORDER by Judge Valerie Baker Fairbank: denying 89 Ex Parte Application for Leave to File Objections to Evidence Submitted by Plaintiff. (kbr) (Entered: 08/11/2010)

Aug. 11, 2010

Aug. 11, 2010

PACER
92

NOTICE of Supplemental Authority in Further Support of Defendant's Opposition to Plaintiff's Motion For Attorney Fees filed by Defendant SunBridge Braswell Enterprises Inc. (Attachments: # 1 Exhibit A)(Libby, John) (Entered: 08/23/2010)

Aug. 23, 2010

Aug. 23, 2010

PACER
93

NOTICE OF MOTION AND MOTION for Hearing In Camera filed by Plaintiff Disability Rights California. Motion set for hearing on 8/30/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Proposed Order Granting Plaintiff's Motion for In Camera Hearing)(Stortz, Michael) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER
94

EX PARTE APPLICATION to Expedite Time on Motion for In Camera Heraing filed by Plaintiff Disability Rights California. (Attachments: # 1 Proposed Order Granting Plaintiff's Ex Parte Application for an Order to Shorten Time on Motion for In Camera Hearing)(Stortz, Michael) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER
95

DECLARATION of Michael Stortz re MOTION for Hearing In Camera 93, EX PARTE APPLICATION to Expedite Time on Motion for In Camera Heraing 94 filed by Plaintiff Disability Rights California. (Stortz, Michael) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER
96

OPPOSITION re: EX PARTE APPLICATION to Expedite Time on Motion for In Camera Heraing 94 filed by Defendant SunBridge Braswell Enterprises Inc. (Attachments: # 1 Proposed Order)(Libby, John) (Entered: 08/25/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER
97

MINUTES (IN CHAMBERS): ORDER by Judge Valerie Baker Fairbank: striking 93 Motion for In Camera Hearing; denying 94 Ex Parte Application to Expedite Time on Motion for n Camera Hearing. (se) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
98

MINUTES OF Hearing on Plaintiff's Motion for Attorney Fees 74 before Judge Valerie Baker Fairbank: Case called. Court hears oral argument from counsel for Plaintiffs and Defendants. Defendants offer demonstrative exhibit A as attached. Plaintiffs offer demonstrative exhibit B as attached. The Court takes the matter UNDER SUBMISSION and will a separate ruling. The Court will address all relevant evidentiary objections and objections regarding confidential settlement information in its separate ruling on the motion. Court Reporter: Rosalyn Adams. (jp) Modified on 9/2/2010 (kbr). (Entered: 09/01/2010)

Aug. 30, 2010

Aug. 30, 2010

PACER
99

MINUTES (IN CHAMBERS): ORDER by Judge Valerie Baker Fairbank: denying Motion for Attorney Fees 74 . The Court DENIES Plaintiff's Motion for Attorneys' Fees in the amount of $285,746.50 as Plaintiff has not met all requirements of California Code of Civil Procedure Section 1021.5. (kbr) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

RECAP

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Mental Health (Facility)

Nursing Home Conditions

Key Dates

Filing Date: May 22, 2009

Closing Date: Sept. 9, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disability Rights California, a protection and advocacy agency

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sierra Vista Rehabilitation Center (Highland, San Bernardino), Private Entity/Person

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

State law

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Records Disclosure

Restraints : physical

Disability and Disability Rights:

Hearing impairment

Mental impairment

P&A access authority

P&A Associational Standing

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Policing:

Excessive force