Case: McGrath v. County of Nevada

McGrath v. Nevada County

McGrath v. The County of Nevada

U.S. Court of Appeals for the Ninth Circuit

ORDER by Judge Edward J. Garcia for preliminary injunction re: capacities of the Nevada County jail system, Stephen A Munkelt, local counsel in Nevada County shall be permitted unlimited unannounced access to the jail facilities to assess compliance with this Preliminary Injunction (see order for details) (cc: all counsel) (old) (Entered: 10/05/1990)

ORDER by Chief Judge Robert E. Coyle reassigning case to the Honorable William B. Shubb. (cc: all counsel) (old) (Entered: 01/10/1991)

MOTION by plaintiff Robert McGrath, plaintiff Robert Goetcha, plaintiff Michael May to compel set for 2/28/91 @ 9:00 (old) (Entered: 01/30/1991)

NOTICE 251 − discovery disagreement, copy to all parties. (old) (Entered: 01/30/1991)

NOTICE by plaintiff Robert McGrath, plaintiff Robert Goetcha, plaintiff Michael May of change of firm name of attorney (old) (Entered: 01/31/1991)

LETTER to court from plaintiff confirming phone call to remove Motion to Compell Further Discovery set for 2/28/91 be taken off calender. Also, that a settlement conference has been set for 3/22/91. (old) (Entered: 02/28/1991)

LODGED Substitution of attorneys (old) Modified on 12/02/1991 (Entered: 11/22/1991)

ORDER by Magistrate John F Moulds GRANTING lodged substitution of attorney, substituting Dan Lewis Stormer as attorney of record (cc: all counsel) (old) (Entered: 12/02/1991)

ORDER SETTING STATUS CONFERENCE by Magistrate John F Moulds ORDERING: Status Conference SET for 1/23/92 at 9:00am in ctrm 6 before Magistrate Moulds (cc: all counsel) (old) (Entered: 12/04/1991)

ORDER ; Scheduling conf continued to 1/30/92 @ 9:00 (cc: all counsel) (old) (Entered: 12/06/1991)

MAIL Returned Order granting substitution of atty [26−1] addressed to plaintiff atty Paul Comiskey; reserved 12/10/91 (old) (Entered: 12/10/1991)

MAIL Returned addressed to Paul W Comiskey marked return to sender, does nt work here. (old) (Entered: 12/13/1991)

LODGED: stipulation and order to continue status conference (old) (Entered: 01/27/1992)

STIPULATION and ORDER by Magistrate John F. Moulds : ; Scheduling conf continued to 4/30/92 @ 9:00 (cc: all counsel) (old) (Entered: 02/03/1992)

ORDER by Chief Judge Robert E. Coyle Case reassigned to Judge Garland E. Burrell ; plaintiff to complete status form within 7 days, Magistrate Judge to remain the same (cc: all counsel) (old) (Entered: 03/13/1992)

STATUS REPORT by plaintiff Robert McGrath, plaintiff Robert Goetcha, plaintiff Michael May (old) (Entered: 04/01/1992)

STATUS CONFERENCE MEMORANDUM by plaintiff Robert McGrath, plaintiff Robert Goetcha, plaintiff Michael May; conference set for 4/30/92 at 10:00 in courtroom 6 (old) (Entered: 04/28/1992)

STATUS REPORT by defendant County Of Nevada, defendant Bill Heafey; conference set for 4/30/92 at 9:00 before JFM (old) (Entered: 04/29/1992)

MINUTES of status conference; defendants to file written motion to dismiss within 30 days (old) (Entered: 05/01/1992)

ORDER by Magistrate John F. Moulds status conference held ; the defendant's motion to dismiss shall be filed within 30 days of the date of this hearing (cc: all counsel) (old) (Entered: 05/18/1992)

NOTICE OF MOTION AND MOTION by defendants County Of Nevada, Bill Heafey to dismiss before Magistrate John F Moulds and request for atty fees; hrg 7/23/92 9:00 ; POINTS AND AUTHORITIES and DECLARATION IN SUPPORT THEREOF (old) (Entered: 05/29/1992)

REVISED NOTICE OF MOTION AND MOTION by plaintiff Robert McGrath, plaintiff Robert Goetcha, plaintiff Michael May to compel discovery for entry to observe the operations of the Nevada County Jail set for 8/13/92 at 9:00 before JFM (old) (Entered: 06/17/1992)

RESPONSE by plaintiff Robert McGrath, plaintiff Robert Goetcha, plaintiff Michael May to motion to dismiss before Magistrate John F Moulds and request for atty fees; hrg 7/23/92 9:00 [38−1] (old) (Entered: 07/07/1992)

REPLY by defendant County Of Nevada, defendant Bill Heafey to response to motion to compel discovery for entry to observe the operations of the Nevada County Jail set for 8/13/92 at 9:00 before JFM [40−1] (old) (Entered: 07/15/1992)

MINUTES of Motion Hearing setting hearing on motion to compel discovery for entry to observe the operations of the Nevada County Jail set for 8/13/92 at 9:00 before JFM [40−1] 9:00 8/27/92, that the motion to dismiss before Magistrate John F Moulds and request for atty fees; hrg 7/23/92 9:00 [38−1] is submitted; defense submits with request for increase of sanctions to $4300. to incorporate cost of preparing response; plaintiff arguments; defense rebuttal; plaintiff response; defendant response; matter submitted; counsel to consult local rules regarding filing of response; 251 stipulation to proceed today (old) (Entered: 07/23/1992)

OPPOSITION by defendant County Of Nevada, defendant Bill Heafey to motion to compel discovery for entry to observe the operations of the Nevada County Jail set for 8/13/92 at 9:00 before JFM [40−1] (old) (Entered: 08/12/1992)

ORDER by Magistrate John F Moulds SETTING hearing on motion to compel discovery for entry to observe the operations of the Nevada County Jail set for 8/13/92 at before JFM [40−1] 9:00 8/27/92; Findings and Recommendations concerning defendant's motion to dismiss and plaintiff's motions for sanctions shall issue under seperate cover (cc: all counsel) (old) (Entered: 08/21/1992)

DECLARATION of Paul W Cominsky to Local Rule 251 d (old) (Entered: 08/25/1992)

ORDER by Judge Garland E Burrell ORDERING that this action is CERTIFIED as a CLASS ACTION consisting of all prisoners in the Nevada County Jail and Nevada County Detention Center from 12/1/89 to date and all present and future prisoners (cc: all counsel) (old) (Entered: 08/25/1992)

REPORT AND RECOMMENDATION by Magistrate Judge John F Moulds RECOMMENDING: dfts' motion to dismiss [38−1] be GRANTED; dfts' request for sanctions be DENIED; and this action be DISMISSED; any party may object w/i 10 days after service; any reply w/i 10 days after service of objections (cc: all counsel) (old) (Entered: 12/29/1992)

NOTICE by co−counsel for pltfs of change of address TO: Richard P Herman, 24012 Calle de la Plata, Suite 330, Laguna Hills, CA 92653; phone: (714)768−3601 (old) (Entered: 01/20/1993)

ORDER by Judge Garland E Burrell ADOPTING report &recommendation [48−1]; ORDERING: dfts' motion to dismiss [38−1] GRANTED; dfts' request for sanctions DENIED; case DISMISSED (cc: all counsel) (old) (Entered: 02/26/1993)

JUDGMENT: by Judge Garland E Burrell entered according to the court's order filed 2/26/93 (cc: all counsel) (old) (Entered: 02/26/1993)

NOTICE OF MOTION AND MOTION by pltfs for attorney fees, costs and expenses set 4/8/93 at 10:00 before JFM (old) (Entered: 03/08/1993)

MEMORANDUM by pltfs in SUPPORT of motion for attorney fees, costs and expenses [52−1] (old) Modified on 03/08/1993 (Entered: 03/08/1993)

EXHIBITS by pltfs in SUPPORT of motion for attorneys' fees, costs and expenses [52−1] (old) (Entered: 03/08/1993)

LODGED stipulation and order continuing hearing on motion for an award of attorney's fees (old) (Entered: 03/24/1993)

STIPULATION and ORDER by Magistrate John F Moulds setting hearing on motion for attorney fees, costs and expenses [52−1] 10:00 4/22/93 (cc: all counsel) (old) (Entered: 04/01/1993)

MEMORANDUM by defendant Bill Heafey, defendant County Of Nevada in opposition to motion for attorney fees, costs and expenses [52−1] (old) (Entered: 04/02/1993)

REPLY MEMORANDUM by pltfs in SUPPORT of motion for attorney fees, costs and expenses [52−1] (old) (Entered: 04/15/1993)

EXHIBITS in SUPPORT of pltfs' reply memorandum [58−1] (old) (Entered: 04/15/1993)

NOTICE by Richard P Herman, co−counsel for pltfs, of change of address TO: Richard P Herman, 301 Forest Avenue, Laguna Beach, CA 92651; phone: (714) 494−1404 (old) (Entered: 04/22/1993)

MINUTES of motion for attorneys fees before Magistrate John F Moulds: pltf's arguments; dft's arguments; pltf's rebuttal; pltf's motion for attorney fees, costs and expenses [52−1] SUBMITTED; court to prepare order (old) (Entered: 04/23/1993)

REQUEST for Judicial notice by plaintiff Michael May, plaintiff Robert Goetcha, plaintiff Robert McGrath (old) (Entered: 09/08/1993)

NOTICE OF MOTION AND MOTION to vacate the Magistrate by Plaintiffs Michael May, Robert Goetcha, Robert McGrath motion to be heard on 1/18/94 at 9:00am by Judge Garland E Burrell (kb) (Entered: 12/21/1993)

MEMORANDUM by plaintiff Michael May, plaintiff Robert Goetcha, plaintiff Robert McGrath in support of motion to vacate the Magistrate by Plaintiffs Michael May, Robert Goetcha, Robert McGrath [63−1] (kb) (Entered: 12/21/1993)

LODGED Proposed Order by Plaintiffs (kb) (Entered: 12/22/1993)

LODGED stipulation and order continuing hearing on motion to vacate the magistrate (old) (Entered: 01/11/1994)

STIPULATION and ORDER by Judge Garland E Burrell ORDERING: hearing on motion to vacated the Magistrate is CONTINUED to 1/31/94 at 9:00am in Courtroom 6 before Judge Garland E Burrell (cc: all counsel) (kb) (Entered: 01/18/1994)

FINDINGS AND RECOMMENDATION by Magistrate John F Moulds recommending plaintiffs' motion for attorney fees, costs and expenses [52−1] be GRANTED; Plaintiffs be awarded reasonable attorneys' fees in the amount of $38,061.00 and reasonable expenses in the amount of 2,518.59 for a total award of $40,579.59 ; objections are due within 10 days after being served (cc: all counsel) (kb) (Entered: 02/01/1994)

OBJECTIONS by defendants County Of Nevada and Bill Heafey to Findings and Recommendation [66−1] (kb) (Entered: 02/14/1994)

WITHDRAWAL by plaintiffs of motion to vacate the Magistrate by Plaintiffs Michael May, Robert Goetcha, Robert McGrath [63−1] (kb) (Entered: 02/17/1994)

RESPONSE by plaintiffs to defendants' objections to Magistrate Judge's Findings and Recommendations [67−1] (kb) (Entered: 02/22/1994)

PLAINTIFFS' EXHIBITS in support of reply to defendants objections [69−1] (kb) (Entered: 02/22/1994)

LODGED Document Proposed order from plaintiffs not to be signed (kb) (Entered: 03/09/1994)

ORDER by Judge Garland E Burrell ORDERING: FINDINGS AND RECOMMENDATION by Magistrate John F Moulds recommending plaintiffs' motion attorney fees, costs and expenses [52−1] be granted; and plaintiffs be awarded reasonable attorneys' fees in the amount of $38,061.00 and reasonable expenses in the amount of 2,518.59 for a total award of $40,579.59 [66−1] is ADOPTED IN FULL, plaintiffs motion for attorney fees, costs and expenses [52−1] is GRANTED; plaintiffs are awarded reasonable attorneys' fees in the amount of $38,061.00 and reasonable expenses in the amount of $2,518.59 for a total award of $40,579.59 (cc: all counsel) (kb) (Entered: 03/22/1994)

NOTICE OF APPEAL by defendants County Of Nevada and Bill Heafey from Dist Court decision [73−1] and notice of designation of transcript of proceedings on 2/22/90, 4/30/92, 7/23/92, 4/22/93 ( fee status: not paid) (kb) Modified on 04/18/1994 (Entered: 04/18/1994)

MAILED case information/docket fee payment notice, copy of Notice of Appeal to 9th Circuit Court of Appeals, Copy of appeal and certified copy of docket sheet to all parties. (kb) (Entered: 04/18/1994)

NOTIFICATION by Circuit Court of Appellate Docket Number 94−15692 (kb) (Entered: 05/02/1994)

NOTICE by Ninth Circut of time schedule (kb) (Entered: 05/02/1994)

RETURNED Receipt from Nith Circuit of receipt of Clerk's and Reporter's Transcript(s) (kb) (Entered: 05/02/1994)

RECEIPT #158321 for $105 for appeal fee (kb) (Entered: 05/13/1994)

TRANSCRIPT DESIGNATION and Ordering Form for dates: 2/22/90, 4/30/92, 7/23/92, 4/22/93 (kb) (Entered: 05/20/1994)

CERTIFICATE of Record Transmitted to USCA (Notice sent) (old) (Entered: 06/09/1994)

TRANSCRIPT of 2/22/90 Status conference and pltf's motion for preliminary injunction (old) (Entered: 06/09/1994)

TRANSCRIPT of 4/30/92 Status report (old) (Entered: 06/09/1994)

TRANSCRIPT of 7/23/92 Defendants' motion to dismiss (old) (Entered: 06/09/1994)

TRANSCRIPT of 4/22/93 pltfs' motion for costs and attorney fees (old) (Entered: 06/09/1994)

CLERK'S record on appeal transmitted to 9th Circuit original case file volumes 2; transcripts 4 and copy of docket mailed to 9th Circuit regarding appeal [74−1] (cc: all counsel) (kb) (Entered: 09/26/1994)

CERTIFIED COPY of 9th Circuit Order AFFIRMING in part the decision of the District Court and Attorney's Fee Award VACATED AND REMANDED [74−1] (cc: all counsel) (old) (Entered: 10/26/1995)

LODGED Stipulation &Order for attorneys fees by defendant (old) (Entered: 11/28/1995)

STIPULATION AND ORDER by Judge Garland E Burrell; Pltf's counsel agrees to settle all outstanding fee and cost issues remaining in this action in the amount of $35,000 as full and complete settlement (cc: all counsel) (old) (Entered: 11/30/1995)

RECORD on appeal returned from 9th Circuit volumes 2 transcripts 4 (old) (Entered: 12/15/1995)