Case: Stevens v. CA Youth Authority

Stevens v. Harper

Stevens v. Harper

COMPLAINT for Prisoner Civil Rights, fee status IFP, , assigned to Honorable David F. Levi referred to Magistrate Judge Peter A. Nowinski (bd) (Entered: 04/05/2001)

REQUEST by plaintiff Frank Amaro that a copy of complaint be returned to plaintiff, 15 summons form, and for court appointed counsel (ndd) (Entered: 04/11/2001)

LETTER to court from plaintiff Frank Amaro requesting information on interrogatories (kdc) (Entered: 04/13/2001)

AMENDED COMPLAINT by plaintiff (as) (Entered: 04/19/2001)

NOTICE by plaintiffs regarding dfts' addresses (as) (Entered: 04/19/2001)

MOTION for leave to proceed IFP by plaintiffs Motion Hearing not noticed (as) (Entered: 04/19/2001)

REQUEST by plaintiff for production of documents (as) (Entered: 04/19/2001)

NOTICE by plaintiff Christopher Stevens of change of address to 3001 Ramona Ave, Sacramento, CA 95826 (ar) (Entered: 05/11/2001)

ORDER TO SHOW CAUSE by Magistrate Judge Peter A. Nowinski ordering dfts shall file/serve a statement concerning conditions of pltfs' confinement w/in 5 days from date of this order; Clerk shall serve Allen Crown with this order; (cc: all counsel) (as) (Entered: 05/23/2001)

ORDER by Magistrate Judge Peter A. Nowinski ORDERING motion for leave to proceed IFP by plaintiffs [6-1] GRANTED; pltfs obligated to pay statutory filing fee of $150; service is appropriate for dfts Dixon, Harada, Muschetto, Moore, Camp and Bradley; Clerk directed to send pltf 6 USM-285, 1 summons w/instruction sheet and copy of 4/18/01 complaint; Clerk directed to serve a copy of pltfs' complaint and this order on Allen Crown (cc: all counsel) (as) (Entered: 05/23/2001)

ORDER FOR PAYMENT OF INMATE FILING FEE by Magistrate Judge Peter A. Nowinski ORDERING that Director of CDC shall collect filing fee from pltfs' prison trust account; Clerk directed to serve a copy of pltf's IFP on Director of CDC; Clerk directed to serve Financial and AG with this order (cc: all counsel) (as) (Entered: 05/23/2001)

REQUEST by plaintiff Christopher Stevens for USM-285 forms, Summons form, and an instruction sheet (mm1) (Entered: 05/31/2001)

LETTER to court from counsel for defendants regarding order of 5/23/01 [9-1] (lm) (Entered: 06/01/2001)

NOTICE of submission of documents of 6 USM-285 forms and one copies of amended complaint by plaintiff Frank Amaro (ndd) (Entered: 06/07/2001)

ORDER AND ORDER TO SHOW CAUSE by Magistrate Judge Peter A. Nowinski set for 9:00 6/20/01; USM is directed to serve a copy of this order on dfts in conjunction with the service of the complaint (cc: all counsel) (ndd) (Entered: 06/07/2001)

ORDER AND ORDER DIRECTING USM to serve process on defendants John Dixon, Jeff Harada, John Muschetto, Sandy Moore, Burt Bradly, Sandy Camp to be served 6/11/01 by 5:00pm by Peter A Nowinski Magistrate Judge; Clerk is directed to serve upon plt a copy of LR (cc: all counsel) (ndd) (Entered: 06/07/2001)

MOTION for order compelling discovery for production of documents by plaintiff Christopher Stevens (ndd) (Entered: 06/08/2001)

AFFIDAVIT of Christopher Stevens regarding his Motion to compel [17- 1] (ndd) (Entered: 06/08/2001)

AFFIDAVIT of Christopher Stevens regarding being a victim of sexual harrassment and sexual and physical assault (ndd) (Entered: 06/08/2001)

REQUEST for 6 copies of USM-285 forms, instruction sheet and a copy of LR by plaintiff Christopher Stevens (ndd) (Entered: 06/08/2001)

LODGED OSC and TRO by plaintiff Christopher Stevens (ndd) (Entered: 06/08/2001)

RETURN OF SERVICE executed upon defendants John Muschetto, Jeff Harada, John Dixon, Sandy Moore, Sandy Camp, Burt Bradly on 6/11/01 (as) (Entered: 06/13/2001)

MINUTES of order to show cause (in re plt before Magistrate Judge Peter A. Nowinski C/R (bd) (Entered: 06/21/2001)

MINUTES of OSC (in re pltf motion injunctive relief) before Magistrate Judge Peter A. Nowinski; dft witness, John H Dixon, Jr. was sworn and examined; after hearing this matter it was taken under submission; court to prepare the written order; transcript ordered by the court, to be incorporated in the file; C/R D Euler (bd) (Entered: 06/21/2001)

LETTER to court from plaintiff Christopher Stevens that he attempted service of documents on dfts but is being prohibited from mailing the documents to any dfts (as) (Entered: 06/26/2001)

LETTER to court from plaintiff Christopher Stevens requesting court to review his request for appointment of counsel (as) (Entered: 06/26/2001)

REQUEST by plaintiff Christopher Stevens for USM forms, summons, and complaint (as) (Entered: 06/26/2001)

FINDINGS AND RECOMMENDATIONS by Peter A Nowinski Magistrate Judge recommending pltfs' requests for an order barring their transfer from PYCF should be denied; Stevens' request for an order barring his transfer from NYCRCC should be denied; and Stevens' request for order halting pending disciplinary proceedings against him should be denied; matter referred to Judge Levi (cc: all counsel) (as) (Entered: 06/28/2001)

ANSWER by defendants; jury demand (kdc) (Entered: 07/03/2001)

TRANSCRIPT of 6/20/01 hearing on Order to Show Cause (mm1) (Entered: 07/10/2001)

DISCOVERY ORDER by Peter A Nowinski Magistrate Judge ORDERING that discovery in this action will be governed by this order and all relevant FRCP and LR (cc: all counsel) (ndd) (Entered: 07/11/2001)

NOTICE OF DISMISSAL OF ACTION dismissing case voluntarily; order (ak) (Entered: 07/26/2001)

ORDER by Magistrate Judge Dale A Drozd: pltf Christopher Stevens shall have twenty (20) days to file response papers indicating whether he will join in the stipulation of dismissal (cc: all counsel) (pw) (Entered: 12/17/2001)

RESPONSE by plaintiff Christopher Stevens to Magistrate order [32-1] indicating he will not join the stipulation of dismissal (mdk) (Entered: 01/02/2002)

ORDER by Honorable David F. Levi F & R's filed 6/28/01 are ADOPTED in full [27-1]; pltfs' request in their 4/4/01 complaint for an order barring their transfer from PYCF is DENIED; Stevens' 6/7/01 request for an order barring his transfer from NYCRCC is DENIED; and request for an order halting pending disciplinary proceedings against him is DENIED (cc: all counsel) (ljr) (Entered: 01/04/2002)

ORDER by Magistrate Judge Peter A. Nowinski ORDERING that the Clerk is directed to enter pltf Frank Amaro's voluntary dismissal of his claims, with prejudice [31-1]; party Frank Amaro DISMISSED ; this action is not dismissed; it shall proceed with pltf Stevens (cc: all counsel) (hk) (Entered: 01/16/2002)

SCHEDULING ORDER by Magistrate Judge Peter A. Nowinski ORDERING discovery ddl set for 5/10/02; motion filing ddl set for 7/5/02; pltf designation of expert witnesses set for 10/4/02; dfts designation of expert witnesses set for 10/18/02; pretrial conference set for 10/25/02; jury trial set for 9:00 1/13/03 before the Honorable David F. Levi in Courtroom 7 (cc: all counsel) (hk) (Entered: 01/16/2002)

NOTICE OF MOTION and motion to amend complaint by pltf Christopher Stevens motion TO BE HEARD by Honorable David F. Levi; Motion Hearing For 3/8/02 at 9:00 (ljr) (Entered: 01/24/2002)

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff Christopher Stevens in SUPPORT of motion to amend complaint by pltf Christopher Stevens [38-1] (ljr) (Entered: 01/24/2002)

NOTICE OF MOTION and motion to assign matter to district judge by pltf Christopher Stevens motion TO BE HEARD by Honorable David F. Levi; Motion Hearing Set For 3/8/02 at 9:00 (ljr) (Entered: 01/24/2002)

DECLARATION of Donald Specter in support of motion to assign matter to district judge [40-1] (ljr) (Entered: 01/24/2002)

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff Christopher Stevens in SUPPORT of motion to assign matter to district judge by pltf Christopher Stevens [40-1] (ljr) (Entered: 01/24/2002)

PROOF OF SERVICE by plaintiff Christopher Stevens of [38-1], [0-0], [39-1], [40-1], [41-1], [42-1], [0-0] (ljr) (Entered: 01/24/2002)

LODGED proposed order granting motion to amend complaint by plaintiff Christopher Stevens (ljr) (Entered: 01/24/2002)

LODGED proposed order granting motion to assign matter to district judge by plaintiff Christopher Stevens (ljr) (Entered: 01/24/2002)

LODGED stipulation re filing of second amended complaint and proposed order by plaintiffs (nac) (Entered: 02/19/2002)

LODGED second amended complaint by plaintiffs (nac) (Entered: 02/19/2002)

RESPONSE (STATEMENT OF NO OPPOSITION) by dfts Dixon, Harada, Muschetto, Moore, Bradly, and Camp to motion to assign matter district judge by pltf Christopher Stevens [40-1] (mdk) (Entered: 02/20/2002)

ORDER by Honorable David F. Levi ORDERING pltf's motion to amend complaint [38-1] GRANTED (cc: all counsel) (nac) (Entered: 03/08/2002)

ORDER by Honorable David F. Levi ORDERING pltf's motion to assign matter to district judge [40-1] GRANTED (cc: all counsel) (nac) (Entered: 03/08/2002)

STIPULATION AND ORDER by Honorable David F. Levi ORDERING pltf's second amended complaint filed; Dfts will respond to the second amended complaint within 45 days of the date of this order (cc: all counsel) (nac) (Entered: 03/08/2002)

AMENDED COMPLAINT complaint [4-1] TERMINATED, probable cause complaint [1-1] TERMINATED by plaintiff Christopher Stevens terminating defendants Sandy Camp, Burt Bradly, Sandy Moore, John Muschetto, Jeff Harada, and John Dixon adding dfts Jerry L Harper and CA Youth Authority and pltfs Edward Jermaine Brown, Arlon Carroll, Raymon Davis, Khalil Jindherd, Randy Jones, Angel Martinez, David Owens, Michael Anthony Resendiz, Amy Stephens, and Darren Striplin (nac) (Entered: 03/08/2002)

LETTER to court from counsel for pltfs Christopher Stevens, Edward Jermaine Brown, Arlon Carroll, Raymon Davis, Khalil Jindherd, Randy Jones, Angel Martinez, David Owens, Michael Anthony Resendiz, Amy Stephens, Darren Striplin [47-1] requesting a status conference (ljr) (Entered: 03/13/2002)

COURT NOTICE: from CRD the date for filing a undated joint status report has been set for 3/29/02 substituting atty Donald Specter , substituting atty Sidney Wolinsky , substituting atty Richard B Ulmer Jr. , substituting atty Caroline N Mitchell (cc: all counsel) (ljr) (Entered: 03/13/2002)

LODGED petition and proposed order for appointment of Guardian Ad Litem by plaintiffs (mdk) (Entered: 03/18/2002)

EX PARTE APPLICATION by dfts Jerry L Harper, CA Youth Authority for an order shortening time (mdk) (Entered: 03/19/2002)

NOTICE OF MOTION and MOTION to defer discovery by dfts Jerry L Harper, and CA Youth Authority Motion Hearing not noticed (mdk) (Entered: 03/19/2002)

MEMORANDUM OF POINTS AND AUTHORITIES by dfts Jerry L Harper, and CA Youth Authority in SUPPORT of motion to defer discovery [52-1] (mdk) (Entered: 03/19/2002)

PROOF OF SERVICE by dfts Jerry L Harper, CA Youth Authority of [51-1], [52-1], [53-1], [54-1] (mdk) (Entered: 03/19/2002)

LODGED ex parte order shortening time for service of notice of motion to defer discovery by defendants Jerry L Harper, and CA Youth Authority (mdk) (Entered: 03/19/2002)

PROOF OF SERVICE by plaintiffs of [50-5] (nac) (Entered: 03/22/2002)

OPPOSITION by pltfs Christopher Stevens, Edward Jermaine Brown, Arlon Carroll, Raymon Davis, Khalil Jindherd, Randy Jones, Angel - Martinez, David Owens, Michael Anthony Resendiz, Amy Stephens, Darren Striplin to motion to defer discovery by dfts Jerry L Harper, and CA Youth Authority [52-1] (ljr) (Entered: 03/22/2002)

STATEMENT by pltfs Christopher Stevens, Edward Jermaine Brown, Arlon Carroll, Raymon Davis, Khalil Jindherd, Randy Jones, Angel Martinez, David Owens, Michael Anthony Resendiz, Amy Stephens, Darren Striplin of non-opposition to ex parte application for an order shortening time [51-1] (ljr) (Entered: 03/22/2002)

DECLARATION of Jennifer L Scafe in opposition to motion to defer discovery [52-1] (ljr) (Entered: 03/22/2002)

PROOF OF SERVICE by Christopher Stevens, Jerry L Harper, CA Youth Authority, Edward Jermaine Brown, Arlon Carroll, Raymon Davis, Khalil Jindherd, Randy Jones, Angel - Martinez, David Owens, Michael Anthony Resendiz, Amy Stephens, Darren Striplin of [57-1], [58-1], [59-1], (ljr) (Entered: 03/22/2002)

LODGED proposed order denying motion to defer discovery by pltfs Christopher Stevens, Jerry L Harper, CA Youth Authority, Edward Jermaine Brown, Arlon Carroll, Raymon Davis, Khalil Jindherd, Randy Jones, Angel Martinez, David Owens, Michael Anthony Resendiz, Amy Stephens, Darren Striplin (ljr) (Entered: 03/22/2002)

NOTICE of change of address of pltf's counsel Richard B Ulmer Jr to 135 Commonwealth Drive, Menlo Park, CA 94025 (pw) (Entered: 03/27/2002)

JOINT STATUS REPORT (mdk) (Entered: 04/01/2002)

COURT NOTICE: from CRD pretrial conf, jury trial, designation of expert witnesses, motion filing ddl, discovery ddl VACATED; status conference set for 10:00 4/12/02 (cc: all counsel) (ljr) (Entered: 04/03/2002)

LETTER to court from counsel for defendants regarding the court notice vacating all pending dates in the 01/16/02 scheduling order; the notice has the effect of staying defendants' response to the pending document production request and the court will address defendants' motion to defer discovery at the status conference set for 04/12/02 [63-2] (sk) (Entered: 04/08/2002)

NOTICE by plaintiffs counsel regarding status conference hearing status conference RESET for 2:00 4/16/02 (mdk) Modified on 04/11/2002 (Entered: 04/10/2002)

STATUS PRE-TRIAL SCHEDULING ORDER by Honorable David F. Levi motion filing ddl set for 11/14/03; opposition ddl 12/19/03; reply ddl 1/2/04 hrg on such motions shall be on 1/16/04 at 9:00; all fact discovery ddl set for 6/20/03; all expert discovery ddl 10/3/03; designation of expert witnesses set for 5/20/03; final pretrial conf set for 2:00 3/5/04; trial set for 8:30 4/5/04 ; a discovery conf shall be scheduled before PAN (cc: all counsel) (ljr) (Entered: 04/17/2002)

ORDER by Honorable David F. Levi ORDERING for appointment of Margaret C Farrell as guardian ad litem for Edward Jermaine Brown , a minor (cc: all counsel) (ljr) (Entered: 04/19/2002)

NOTICE OF MOTION AND MOTION to dismiss by dfts and for summary adjudication by dfts ; motion TO BE HEARD by Honorable David F. Levi; Motion Hearing Set For 9:00 AM 06/07/02 in courtroom # 7 (pw) (Entered: 04/23/2002)

MEMORANDUM OF POINTS AND AUTHORITIES by dfts in SUPPORT of motion to dismiss by dfts [68-1] and motion for summary adjudication by dfts [68-2] (pw) (Entered: 04/23/2002)

STATEMENT by dfts of undisputed facts in support of motion to dismiss [68-1] and motion for summary adjudication [68-2] (pw) (Entered: 04/23/2002)

SEALED document #70-A (ljr) (Entered: 07/16/2002)

MINUTES of discovery conference before Magistrate Judge Peter A. Nowinski: pltf counsel represented that the request for Production of Documents has not been provided; ORDERED: Production to be provided w/i ten (10) days; dft counsel Monica Harper requested a Blanket Order allowing her 60 days to respond to any future requests for Discovery; opposition from pltf request DENIED; also pltf to receive w/i 30 days, a statement from dft declaration when production is to be received and what is to be received; no objection; electronic discovery to be discussed on 05/15/02 9:00 AM; if any further disputes arise, the parties are welcomed to place the matter on calendar w/o briefing w/minimum noticed to be determined by both parties; each agreed to this w/o reservation (pw) (Entered: 05/07/2002)

NOTICE OF MOTION and motion for class certification by pltfs Christopher Stevens, Edward Jermaine Brown, Arlon Carroll, Raymon Davis, Khalil Jindherd, Randy Jones, Angel - Martinez, David Owens, Michael Anthony Resendiz, Amy Stephens, Darren Striplin ; motion TO BE HEARD by Honorable David F. Levi; Motion Hearing Set For 6/7/02 at 9:00 (ljr) (Entered: 05/13/2002)

DECLARATION of Sid Wolinsky in support of motion for class certification [72-1] (ljr) (Entered: 05/13/2002)

DECLARATION of Shawna Parks in support of motion for class certification [72-1] (ljr) (Entered: 05/13/2002)

DECLARATION of Donald Specter in support of motion [72-1] (hk) (Entered: 05/13/2002)

DECLARATION of Richard B. Ulmer Jr. in support of motion [72-1] (hk) (Entered: 05/13/2002)

DECLARATION of Caroline N. Mitchell in support of motion [72-1] (hk) (Entered: 05/13/2002)

PROOF OF SERVICE by plaintiff of [0-0], [78-1], [77-1], [76-1], [0-0], [75-1], [74-1], [73-1], [72-1] (hk) (Entered: 05/13/2002)

LODGED stipulation and proposed order to file exhibit under seal by plaintiffs, and defendants (ljr) (Entered: 05/10/2002)

LODGED, by plaintiff, proposed order granting pltfs' motion for class certification (crf) (Entered: 05/13/2002)

TRANSCRIPT of 5/1/02 hearing on discovery conference by C/R D Euler (ak) (Entered: 05/23/2002)

DECLARATION of Donald Specter in support of opposition to dfts' motion for summary adjudication [68-1] (ljr) (Entered: 05/24/2002)

SEALED document (ljr) (Entered: 05/24/2002)

MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION by defendants to motion for class certification by plaintiffs' [72-1] (mdk) (Entered: 05/28/2002)

DECLARATION of Eleanor Silva in opposition to pltfs' motion for class certification [83-1] (mdk) (Entered: 05/28/2002)

DECLARATION of Vivian Crawford in OPPOSITION to pltfs' motion for class certification [83-1] (mdk) (Entered: 05/28/2002)

DECLARATION of Benjamin Templeton MD in OPPOSITION to pltfs' motion for class certification [83-1] (mdk) (Entered: 05/28/2002)

DECLARATION of James C Shepard in OPPOSITION to pltfs' motion for class certification [83-1] (mdk) (Entered: 05/28/2002)

DECLARATION of Wayne Spar in OPPOSITION to pltfs' motion for class certification [83-1] (mdk) (Entered: 05/28/2002)

DECLARATION of Xavier Ruiz in OPPOSITION to pltfs' motion for class certification [83-1] (mdk) (Entered: 05/28/2002)

DECLARATION of Maggi Schubert in OPPOSITION to pltfs' motion for class certification [83-1] (mdk) (Entered: 05/28/2002)

OPPOSITION by plaintiffs to motion to dismiss by defendants [68-1], and motion for summary adjudication [68-2] (mdk) (Entered: 05/28/2002)

RESPONSE by plaintiff to dfts' separate statement of undisputed facts in support of motion for summary adjudication [70-1] (mdk) (Entered: 05/28/2002)