Case: T.G. v. Kern County

Disability Rights Advocates

COMPLAINT against All Defendants by T G, J A, P P. Attorney Pitts, Freya E. added. (Filing fee $ 400, receipt number 0972-7517670) (Attachments: # 1 Civil Cover Sheet)(Pitts, Freya) (Entered: 02/21/2018)

1 Civil Cover Sheet

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SUMMONS ISSUED as to *Mary Barlow, Kern County, T R Merickel* with answer to complaint due within *21* days. Attorney *Freya E. Pitts* *2001 Center Street* *Floor 4* *Berkeley, CA 94704*. (Sant Agata, S) (Entered: 02/22/2018)

SUMMONS ISSUED as to *Kern County Probation Department, Kern County Superintendent of Schools* with answer to complaint due within *21* days. Attorney *Freya E. Pitts* *2001 Center Street* *Floor 4* *Berkeley, Ca 94704*. (Sant Agata, S) (Entered: 02/22/2018)

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/23/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Sant Agata, S) (Entered: 02/22/2018)

MOTION To Proceed Using Initials by J A, T G, P P. (Attachments: # 1 Declaration In support of Plaintiffs' Unopposed Motion for Relief to Proceed Using Initials)(Zito, Thomas) (Entered: 02/23/2018)

NOTICE of APPEARANCE by Carly Jean Munson on behalf of J A, T G, P P. (Munson, Carly) (Entered: 03/01/2018)

CLERK'S NOTICE: Please disregard docket entry 6 Notice of Appearance -wrong attorney. (Martin-Gill, S) (Entered: 03/01/2018)

NOTICE of APPEARANCE by Rebecca Jane Cervenak on behalf of J A, T G, P P. Attorney Cervenak, Rebecca Jane added. (Cervenak, Rebecca) (Entered: 03/01/2018)

ORDER Granting 5 Motion to Proceed Using Initials, signed by District Judge Dale A. Drozd on 3/6/2018. (Gaumnitz, R) (Entered: 03/06/2018)

STIPULATION and PROPOSED ORDER for Request to Stay Litigation Pending Settlement Negotiations by J A, T G, P P. (Zito, Thomas) (Entered: 03/08/2018)

ORDER Granting 10 Stipulation and Joint Request to Stay Case, signed by District Judge Dale A. Drozd on 3/9/2018. (The scheduling conference currently set for May 23, 2018 at 8:30 a.m. before Magistrate Judge Jennifer Thurston is hereby vacated; The parties shall file a joint status report advising the court as to the status of the action and whether the stay should continue no later than July 10, 2018, and then every 120 days thereafter while this stay is in effect.)(Gaumnitz, R) (Entered: 03/09/2018)

SUMMONS RETURNED EXECUTED: Kern County Superintendent of Schools served on 2/27/2018, answer due 3/20/2018. (Munson, Carly) (Entered: 03/21/2018)

SUMMONS RETURNED EXECUTED: Kern County served on 2/27/2018, answer due 3/20/2018. (Munson, Carly) (Entered: 03/21/2018)

SUMMONS RETURNED EXECUTED: Mary C. Barlow served on 2/27/2018, answer due 3/20/2018. (Munson, Carly) (Entered: 03/21/2018)

SUMMONS RETURNED EXECUTED: Kern County Probation Department served on 2/27/2018, answer due 3/20/2018. (Munson, Carly) (Entered: 03/21/2018)

SUMMONS RETURNED EXECUTED: T R Merickel served on 2/27/2018, answer due 3/20/2018. (Munson, Carly) (Entered: 03/21/2018)

JOINT STATUS REPORT by J A, T G, P P. (Zito, Thomas) (Entered: 07/10/2018)

DESIGNATION of COUNSEL FOR SERVICE., attorney Rebecca Jane Cervenak and Freya E. Pitts terminated (Munson, Carly) (Entered: 08/30/2018)

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Margo A Raison,Mark Lloyd Nations,Kendra Layne Graham for Kern County,Margo A Raison,Mark Lloyd Nations,Kendra Layne Graham for Kern County Probation Department,Margo A Raison,Mark Lloyd Nations,Kendra Layne Graham for T R Merickel (Nations, Mark) (Entered: 10/23/2018)

NOTICE of APPEARANCE by Michelle Brooke Iorio on behalf of J A, T G, P P. Attorney Iorio, Michelle Brooke added. (Iorio, Michelle) (Entered: 11/07/2018)

JOINT STATUS REPORT by J A, T G, P P. (Munson, Carly) (Entered: 11/07/2018)

MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 11/8/2018: The Court has reviewed the joint status report. Unless there is extraordinary cause shown, the Court does not anticipate extending the stay beyond the next 120-day period. Thus, the parties SHALL redouble their efforts to resolve the matter or to determine that resolution is not possible at this time. (Hall, S) (Entered: 11/08/2018)

NOTICE of APPEARANCE by Neeraj Kumar on behalf of J A, T G, P P. Attorney Kumar, Neeraj added. (Kumar, Neeraj) (Entered: 11/08/2018)

JOINT STATUS REPORT by J A, T G, P P. (Iorio, Michelle) (Entered: 03/07/2019)

ORDER AFTER 24 STATUS REPORT, signed by Magistrate Judge Jennifer L. Thurston on 3/8/2019. (Hall, S) (Entered: 03/08/2019)

NOTICE of APPEARANCE by Andrew C. Thomson on behalf of Kern County, Kern County Probation Department, T R Merickel. Attorney Thomson, Andrew C. added. (Thomson, Andrew) (Entered: 07/02/2019)

JOINT STATUS REPORT by J A, T G, P P. (Munson, Carly) (Entered: 07/03/2019)

NOTICE of Withdrawal of Attorney Mark L. Nations by Kern County, Kern County Probation Department, T R Merickel. (Graham, Kendra) (Entered: 07/03/2019)

MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 7/8/2019. Pursuant to paragraph 15 of the joint status report filed on July 3, 2019 (Doc. No. 27 ), all parties are directed to file Consent Forms on the court's docket. (See Doc. No. 4-2.) Upon receipt of those Consent Forms, the court will reassign this matter for all purposes to United States Magistrate Judge Jennifer L. Thurston. (Thorp, J) (Entered: 07/08/2019)

NOTICE of APPEARANCE by Andrew Christopher Hamilton on behalf of Kern County, Kern County Probation Department, T R Merickel. Attorney Hamilton, Andrew Christopher added. (Hamilton, Andrew) (Entered: 07/11/2019)

CONSENT to JURISDICTION of US MAGISTRATE JUDGE by J A, T G, P P. (Zito, Thomas) (Entered: 07/12/2019)

CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Kern County, Kern County Probation Department, T R Merickel. (Raison, Margo) (Entered: 07/18/2019)

CONSENT ORDER REASSIGNING CASE for all purposes to Magistrate Judge Jennifer L. Thurston signed by District Judge Dale A. Drozd on 7/19/2019. (Sant Agata, S) (Entered: 07/19/2019)

ORDER After Status Report/Notice of Settlement; ORDER LIFTING STAY, signed by Magistrate Judge Jennifer L. Thurston on 8/1/2019. (Hall, S) (Entered: 08/01/2019)

NOTICE of APPEARANCE by Mark R. Bresee on behalf of Mary C. Barlow, Kern County Superintendent of Schools. Attorney Bresee, Mark R. added. (Bresee, Mark) (Entered: 08/08/2019)

MOTION Joint Request for Preliminary Approval of Class Settlement and Class Certification by T G, P P. Motion Hearing set for 10/11/2019 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: # 1 Declaration Declaration of Thomas Zito in Support of Motion for Preliminary Approval, # 2 Exhibit Ex. 1 to Decl. of Thomas Zito ISO Motion for Preliminary Approval, # 3 Exhibit Ex. 2 to Decl. of Thomas Zito ISO Motion for Preliminary Approval, # 4 Exhibit Ex. 3 to Decl. of Thomas Zito ISO Motion for Preliminary Approval, # 5 Declaration Declaration of Carly J. Munson in Support of Motion for Preliminary Approval, # 6 Exhibit Ex. 1 to Decl. of Carly J. Munson ISO Motion for Prelminary Approval, # 7 Exhibit Ex. 2 to Decl. of Carly J. Munson ISO Motion for Preliminary Approval, # 8 Exhibit Ex. 3 to Decl. of Carly J. Munson ISO Motion for Preliminary Approval)(Munson, Carly) (Entered: 08/30/2019)

PROPOSED ORDER re Preliminary Approval of Class Settlement and Class Certification re 36 MOTION Joint Request for Preliminary Approval of Class Settlement and Class Certification. (Munson, Carly) (Entered: 08/30/2019)

STIPULATION re 36 MOTION Joint Request for Preliminary Approval of Class Settlement and Class Certification by T G, P P. (Kumar, Neeraj) (Entered: 09/26/2019)

ORDER DIRECTING PLAINTIFF P.P. to File a Motion for Appointment of Guardian Ad Litem, signed by Magistrate Judge Jennifer L. Thurston on 10/1/2019. (Hall, S) (Entered: 10/01/2019)

MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 10/3/2019: The Court finds the Motion for Preliminary Approval of Class Settlement (Doc. 36 ) suitable for decision without oral argument or a hearing pursuant to Local Rule 230(g). Accordingly, the hearing set for 10/11/2019 is VACATED. A written decision will issue. The stipulation requesting a change in hearing date (Doc. 38 ) is DENIED AS MOOT. (Hall, S) (Entered: 10/03/2019)

MOTION Authorization for Rebecca P. to Represent P.P. as His General Guardian Under Fed. R. Civ. P. 17(c)(1) by P P. Motion Hearing set for 11/19/2019 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Munson, Carly) (Entered: 10/08/2019)

NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by P P. (Munson, Carly) (Entered: 10/08/2019)

PROPOSED ORDER re Authorization for Rebecca P. to Represent P.P. as His General Guardian Pursuant to Rule 17(c)(1) re 41 MOTION Authorization for Rebecca P. to Represent P.P. as His General Guardian Under Fed. R. Civ. P. 17(c)(1) by P P. (Munson, Carly) (Entered: 10/08/2019)

MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 10/9/2019: The request to file the motion for appointment of guardian ad litem under seal (Doc. 42 ) is DENIED. The child's name SHALL be redacted according to Local Rule 140(a)(1) in court filings. (Hall, S) (Entered: 10/09/2019)

MOTION to APPOINT GUARDIAN AD LITEM by P P. (Attachments: # 1 Declaration of Rebecca P. in Support of Motion to Appoint Rebecca P. as Guardian ad Litem for P.P.)(Zito, Thomas) (Entered: 10/10/2019)

ORDER GRANTING 45 Motion to Appoint Rebecca P. as Guardian Ad Litem for Minor Plaintiff P.P., signed by Magistrate Judge Jennifer L. Thurston on 10/11/2019. (Martin-Gill, S) (Entered: 10/15/2019)

ORDER DIRECTING PLAINTIFF T.G. to File a Motion for Appointment of a Guardian Ad Litem or File Evidence that He Has Been Restored to Competency, signed by Magistrate Judge Jennifer L. Thurston on 10/31/2019. (Hall, S) (Entered: 11/01/2019)

ORDER DENYING AS MOOT 41 Plaintiff P.P.'s Motion for Rebecca P. to Represent P.P. as a General Guardian, signed by Magistrate Judge Jennifer L. Thurston on 10/31/2019. (Hall, S) (Entered: 11/01/2019)

NOTICE of Restored Competency by T G re 47 Order, Set/Reset Deadlines and Hearings. (Attachments: # 1 Declaration of T.G. in Support of Notice of Restored Competency, # 2 Declaration of Carly J. Munson in Support of Notice of Restored Competency)(Munson, Carly) (Entered: 11/08/2019)

ORDER GRANTING 36 Preliminary Approval of the Class Action Settlement, signed by Magistrate Judge Jennifer L. Thurston on 12/4/2019. (Hall, S) (Entered: 12/04/2019)

NOTICE of Revised and Translated Class Notice by T G, P P re 50 Order, Set/Reset Deadlines and Hearings, Order on Motion for Miscellaneous Relief. (Attachments: # 1 Declaration of Carly J. Munson in Support of Notice of Revised and Translated Class Notice and Exhibits A through C)(Munson, Carly) (Entered: 12/12/2019)

ORDER GRANTING APPROVAL 51 of the Class Notice, signed by Magistrate Judge Jennifer L. Thurston on 12/16/2019. (Hall, S) (Entered: 12/17/2019)

MOTION to CONTINUE Final Approval Hearing and Related Deadlines by T G, P P. Motion Hearing set for 6/3/2020 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: # 1 Declaration of Carly J. Munson in Support of Joint Request to Continue Final Approval Hearing and Related Deadlines, # 2 Proposed Order Continuing Final Approval Hearing and Related Deadlines)(Munson, Carly) (Entered: 03/16/2020)

ORDER 53 Continuing Final Approval Hearing and Related Deadlines, signed by Magistrate Judge Jennifer L. Thurston on 3/19/2020. Motion Hearing CONTINUED to 6/8/2020 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S) (Entered: 03/19/2020)

DECLARATION of Thomas Zito re 50 Order, Set/Reset Deadlines and Hearings, Order on Motion for Miscellaneous Relief. (Attachments: # 1 Exhibit Screen shot of DRA's home page)(Zito, Thomas) (Entered: 04/01/2020)

NOTICE OF COMPLIANCE RE DISSEMINATION OF THE NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LITIGATION IN COMPLIANCE WITH COURT'S ORDER GRANTING PRELIMINARY APPROVAL OF THE CLASS ACTION SETTLEMENT (Doc. 36) by All Defendants. (Attachments: # 1 Declaration Kendra Graham's Declaration re Dissemination of Notice, # 2 Declaration Stacy Inman's Declaration re Dissemination of Notice, # 3 Declaration Carlos Rojas' Declaration re Dissemination of Notice, # 4 Declaration William Dickinson's Declaration re Dissemination of Notice, # 5 Exhibit Exhibit A to William Dickinson's Declaration re Dissemination of Notice, # 6 Exhibit Exhibit B to William Dickinson's Declaration re Dissemination of Notice, # 7 Exhibit Exhibit C to William Dickinson's Declaration re Dissemination of Notice, # 8 Exhibit Exhibit D to William Dickinson's Declaration re Dissemination of Notice)(Graham, Kendra) (Entered: 04/01/2020)

DECLARATION of Carly J. Munson re 50 Order, Set/Reset Deadlines and Hearings, Order on Motion for Miscellaneous Relief. (Munson, Carly) (Entered: 04/01/2020)

MOTION approval of minor's compromise for plaintiff P.P. re 50 Order, Set/Reset Deadlines and Hearings, Order on Motion for Miscellaneous Relief by P P. Motion Hearing set for 6/8/2020 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: # 1 Declaration of Rebecca P. in support of approval of minor's compromise, # 2 Proposed Order approving minor's compromise for plaintiff P.P.)(Kumar, Neeraj) (Entered: 05/06/2020)

MOTION for ATTORNEY FEES Unopposed by T G, P P. Motion Hearing set for 6/8/2020 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: # 1 Appendix, # 2 Declaration Declaration of Richard Pearl, # 3 Declaration Declaration of Dawson Morton, # 4 Proposed Order)(Zito, Thomas) (Entered: 05/07/2020)

MOTION to APPROVE CONSENT JUDGMENT Joint Motion for Final Approval of Class Settlements by T G, P P. Motion Hearing set for 6/8/2020 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: # 1 Proposed Order Granting Final Approval, # 2 Exhibit Exhibit 1 to Final Approval Order, # 3 Exhibit Exhibit 2 to Final Approval Order, # 4 Exhibit Exhibit 3 to Final Approval Order)(Munson, Carly) (Entered: 05/07/2020)

DECLARATION of Thomas Zito in support of 59 Motion for Attorney Fees, 60 Motion to Approve Consent Judgment,. (Attachments: # 1 Exhibit Summary of Fees, # 2 Exhibit Billing Records, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Zito, Thomas) (Entered: 05/07/2020)

DECLARATION of Carly J. Munson in support of 58 Motion for Miscellaneous Relief, 59 Motion for Attorney Fees, 60 Motion to Approve Consent Judgment,. (Attachments: # 1 Exhibit A to Declaration of Carly J. Munson - KCSOS Addendum, # 2 Exhibit B to Declaration of Carly J. Munson - Compensatory Education Settlement for P.P., # 3 Exhibit C to Declaration of Carly J. Munson - I.N. v. Kent Fee Order, # 4 Exhibit C to Declaration of Carly J. Munson - DRC Fee Records, # 5 Exhibit E to Declaration of Carly J. Munson - DRC Summary of Fees, # 6 Exhibit F to Declaration of Carly J. Munson - DRC Summary of Costs)(Munson, Carly) (Entered: 05/07/2020)

MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 5/7/2020: One of the child-plaintiff's has filed a motion for approval of the minor's compromise (Doc. 58 ). In doing so, the minor reports that his/her birthday will occur before the hearing set for the motion. Thus, the Court ORDERS: no later than 5/21/2020, the child's guardian or attorney SHALL file under seal a declaration attesting to the date of birth of the minor. The declaration SHALL be emailed to: ApprovedSealed@caed.uscourts.gov. (Hall, S) (Entered: 05/07/2020)

SEALED EVENT. (Flores, E) (Entered: 05/08/2020)

NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Kern County, Kern County Probation Department, T R Merickel. (Graham, Kendra) (Entered: 05/27/2020)

MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 5/28/2020: Based upon the information contained in the declaration (Doc. 64 ), the motion for approval of minors compromise (Doc. 58 ) is terminated as unnecessary. (Hall, S) (Entered: 05/28/2020)

ORDER GRANTING 65 Request to Seal Document 56-7 Pursuant to Local Rule 141 and Request to File Redacted Document in Its Place Pursuant to Local Rule 140, signed by Magistrate Judge Jennifer L. Thurston on 5/27/2020. (Hall, S) (Entered: 05/28/2020)

AMENDED DOCUMENT by Kern County, Kern County Probation Department, T R Merickel: Amended 56 Notice - Other,,,. (Graham, Kendra) (Entered: 05/29/2020)

NOTICE of APPEARANCE by Stacy Jo L. Inman on behalf of Kern County Superintendent of Schools. Attorney Inman, Stacy Jo L. added. (Inman, Stacy Jo) (Entered: 06/02/2020)

NOTICE of APPEARANCE by Stacy Jo L. Inman on behalf of Mary C. Barlow. Attorney Inman, Stacy Jo L. added. (Inman, Stacy Jo) (Entered: 06/02/2020)

NOTICE of APPEARANCE by Robert John Borrelle on behalf of J A, T G, P P. Attorney Borrelle, Robert John added. (Borrelle, Robert) (Entered: 06/04/2020)

MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 6/5/2020: Pursuant to General Order 618, and Local Rule 230(g), the Court finds the motion for final approval of class action settlement (Doc. 60 ) and the motion for attorney fees (Doc. 59 ) suitable for decision without oral argument and the hearing set for 6/8/2020 is VACATED. Written order to issue. (Hall, S) (Entered: 06/05/2020)

ORDER GRANTING 60 Final Approval of the Class Action Settlements and ORDER GRANTING 59 Plaintiffs' Motion for Fees and Costs, signed by Magistrate Judge Jennifer L. Thurston on 6/4/2020. CASE CLOSED. (Rivera, O) (Entered: 06/05/2020)

JUDGMENT dated *6/5/2020* pursuant to order 73 . (Rivera, O) (Entered: 06/05/2020)

ORDER on 75 Stipulated Request to Amend Final Approval Order and Modify Settlement Agreement, signed by Magistrate Judge Christopher D. Baker on 8/15/2023. (Hall, S)