Case: Poot v. San Francisco County Sheriff's Department

4:19-cv-02722 | U.S. District Court for the Northern District of California

Filed Date: May 20, 2019

Closed Date: March 31, 2023

Clearinghouse coding complete

Case Summary

This case involves allegations of sleep denial and disruption brought by eight pre-trial detainees in jails under the control of San Francisco County. On May 20, 2019, eight pre-trial detainees housed in two jails under the control of San Francisco County filed a putative class action on behalf of themselves and others similarly situated in the U.S. District Court for the Northern District of California. Plaintiffs alleged that conditions in two San Francisco County Jails led to denial and disr…

This case involves allegations of sleep denial and disruption brought by eight pre-trial detainees in jails under the control of San Francisco County.

On May 20, 2019, eight pre-trial detainees housed in two jails under the control of San Francisco County filed a putative class action on behalf of themselves and others similarly situated in the U.S. District Court for the Northern District of California. Plaintiffs alleged that conditions in two San Francisco County Jails led to denial and disruption of sleep. Represented by private counsel, Plaintiffs brought suit against the San Francisco County Sheriff’s Department, San Francisco County, and named and unnamed individuals. They claimed that Defendants' conduct constituted cruel and unusual punishment, in violation of the Eighth and Fourteenth Amendments of the U.S Constitution; they also brought claims under state law. Plaintiffs sought declaratory and injunctive relief, requiring Defendants to provide prisoners with uninterrupted and undisturbed blocks of sleep for no less than seven hours. They also sought to bar other disruptive tactics, such as waking prisoners during nighttime hours and delaying medication distribution to breakfast time. In addition, Plaintiffs requested compensatory and punitive damages, as well as attorney’s fees.

Specifically, the complaint alleged that the jails had “lights out” and meal schedule policies that prevented prisoners from obtaining uninterrupted sleep for more than five hours at a time. It also claimed that Defendants routinely disrupted the limited sleep Plaintiffs could get through activities and conduct such as shining bright lights, conducting ID bracelet checks, or making public announcements. Plaintiffs alleged that these disruptions led to chronic sleep deprivation and disturbance, which negatively affected them cognitively, physically, and psychiatrically. The case was assigned to District Judge Yvonne Gonzalez Rogers.

On October 3, 2019, Plaintiffs filed a motion to relate this case to Norbert v. San Francisco Sheriff’s Department, but the court denied the motion because Norbert was further along.

The parties ultimately reached a settlement on September 18, 2020. The settlement agreement was entered on behalf of each Plaintiff individually, as well as on behalf of all class members. It provided for the dismissal of the case with prejudice in exchange for policy changes within the jails and an award of attorney’s fees and costs. At the time of the agreement, Defendants had already modified their lights-out schedule. Under the new policy, inmates received seven consecutive hours of “lights-out” time. As part of the agreement, Defendants also committed to continuing the current policy and agreed to notify Plaintiffs’ counsel if the policy changed within a year of the settlement.

Defendants also agreed to provide deputies with refresher training to remind them of the purpose of safety checks and to instruct them that noise or disruptions during these checks should only be used when necessary to secure inmate health or welfare. The agreement outlined a process for managing enforcement issues, including District Court jurisdiction over disputes between the parties for 12 months. It also included a dispute resolution clause allowing Defendants to investigate allegations and respond to complaints about violating the agreement before further action was taken. Additionally, the agreement outlined each party’s responsibility in securing court approval, including the obligation to jointly file the agreement with the court.

After notification regarding the settlement, the court vacated the case schedule and set a compliance deadline for the parties to either file the motion for preliminary approval or a joint explanation for their failure to comply. On January 6, 2021, Plaintiffs’ counsel notified Defendants about concerns regarding jail conditions, and the court instructed the parties to follow the dispute proceeding set out in the agreement. 

On August 1, 2022, Defendants filed a motion to enforce the settlement. Defendants requested a Court order requiring Plaintiffs to (1) file a motion for preliminary approval of the settlement based on the terms of the parties’ agreement, and (2) use their best efforts to obtain court approval of the class action settlement.

In October 2022, Plaintiffs filed a motion to rescind the settlement agreement, arguing that Defendants had breached it. On November 18, 2022, the court granted Defendants’ motion to enforce the agreement and denied Plaintiffs' motion to rescind. Specifically, the court found that a valid and binding agreement existed between the parties and that Plaintiffs failed to provide any reasonable justification for rescission. The court ruled that there was no fraudulent inducement and no failure of consideration, and that Defendants had not breached the explicit terms of the agreement.

Regarding the remedy, the court directed Plaintiffs’ counsel to take all reasonable steps to ensure the agreement was approved and became effective for the class. The court also warned that failure to file by the set deadline would result in the striking of the class claims and judgment entered for the individual plaintiffs in accordance with the terms of the agreement.

On December 30, 2022, Plaintiffs’ counsel filed an application for reconsideration of the November 18 order, arguing that the Plaintiffs had refused to serve as class representatives and were not supportive of the terms of the agreement. On January 25, 2023, Judge Rodgers denied the motion for reconsideration, finding that Plaintiff’s lack of support stemmed from events that occurred after the execution of the settlement agreement and that they failed to meet the requirements for reconsideration. Because the Plaintiffs had not complied with their obligations under the earlier order, the court also struck the class claims from the operative complaint. Judgment was entered pursuant to the settlement agreement (excluding the class claims) on February 1, 2023, and on March 31, 2023, the court dismissed the case. This case is now closed.

Summary Authors

Maddie Mitzner (3/24/2025)

Related Cases

Norbert v. San Francisco Sheriff's Department, Northern District of California (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15645371/parties/poot-v-san-francisco-county-sheriffs-department/


Judge(s)

Rogers, Yvonne Gonzalez (California)

Attorney for Plaintiff

Huang, Yolanda (California)

Attorney for Defendant

Baumgartner, Margaret W. (California)

Murphy, Kaitlyn M. (California)

Rosenblit, Renee E. (California)

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Documents in the Clearinghouse

Document
1

4:19-cv-02722

Complaint for Declaratory and Injunctive Relief and Damages Class Action

May 20, 2019

May 20, 2019

Complaint
28

4:19-cv-02722

Order Denying Motion to Relate Case

Oct. 28, 2019

Oct. 28, 2019

Order/Opinion
72

4:19-cv-02722

Defendants' Motion to Enforce Settlement, or in the Alternative, Motion to Dismiss for Failure to Prosecute

Aug. 1, 2022

Aug. 1, 2022

Pleading / Motion / Brief
90

4:19-cv-02722

Order Granting Motion to Enforce Settlement Agreement; Denying Motion For Rescission of Settlement Agreement

Nov. 18, 2022

Nov. 18, 2022

Order/Opinion
92

4:19-cv-02722

Stipulation and Order as Modified by The Court

Dec. 15, 2022

Dec. 15, 2022

Order/Opinion
98

4:19-cv-02722

Order Denying Motion for Reconsideration; Striking Class Claims; Authorizing Judgment

Jan. 25, 2023

Jan. 25, 2023

Order/Opinion
100

4:19-cv-02722

Judgment

Feb. 1, 2023

Feb. 1, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15645371/poot-v-san-francisco-county-sheriffs-department/

Last updated Aug. 5, 2025, 4:24 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT with Jury Demand For Deprivation and Disturbance of Human Right to Sleep against All Defendants (No Process) ( Filing fee $ 400, receipt number 0971-13361818.). Filed byJose Poot. (Attachments: # 1 Civil Cover Sheet)(Huang, Yolanda) (Filed on 5/20/2019) Modified on 5/21/2019 (ajsS, COURT STAFF). (Entered: 05/20/2019)

1 Civil Cover Sheet

View on RECAP

May 20, 2019

May 20, 2019

Clearinghouse

Electronic Filing Error

May 20, 2019

May 20, 2019

PACER

~Util - Case Assigned by Intake

May 20, 2019

May 20, 2019

PACER
2

Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/3/2019. (ajsS, COURT STAFF) (Filed on 5/20/2019) (Entered: 05/20/2019)

May 20, 2019

May 20, 2019

PACER

Electronic filing error. Incomplete Civil Cover Sheet Re: 1 Complaint, filed by Jose Poot. Please complete sections "V. ORIGINS" and "XI. Divisonal Assignment& quot;. Please e-file an Amended Civil Cover Sheet only. Event is located at: Other Filings > Other Documents > Civil Cover Sheet(ajsS, COURT STAFF) (Filed on 5/20/2019)

May 20, 2019

May 20, 2019

PACER
3

Proposed Summons. (Huang, Yolanda) (Filed on 5/23/2019) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER
4

Civil Cover Sheet by Jose Poot Amended. (Huang, Yolanda) (Filed on 5/23/2019) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER
5

Summons Issued as to City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto, San Francisco County Sheriff's Department. (ajsS, COURT STAFF) (Filed on 5/24/2019) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
6

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 6/19/2019. (ivaS, COURTSTAFF) (Filed on 6/5/2019) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
7

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jose Poot.. (Huang, Yolanda) (Filed on 6/6/2019) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER

Electronic Filing Error

June 7, 2019

June 7, 2019

PACER

Electronic filing error. Case number incomplete on submitted filing. Correct case number is: C-19-02722-KAW. Counsel need not re-file the document, but should reference the co rrect case number and judge's initials on future filings. Re: 7 Consent/Declination to Proceed Before a US Magistrate Judge filed by Jose Poot (jlmS, COURT STAFF) (Filed on 6/7/2019)

June 7, 2019

June 7, 2019

PACER
8

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ivaS, COURTSTAFF) (Filed on 6/7/2019) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

PACER
9

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 06/10/2019. (Attachments: # 1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 6/10/2019) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
10

NOTICE of Appearance by Margaret W. Baumgartner (Baumgartner, Margaret) (Filed on 6/18/2019) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER

Electronic Filing Error

June 18, 2019

June 18, 2019

PACER

REMINDER: Counsel are instructed that all future filings shall bear the initials YGR immediately after the case number instead of KAW Re: 10 Notice of Appearance filed by City and County of San Francisco (jmlS, COURT STAFF) (Filed on 6/18/2019)

June 18, 2019

June 18, 2019

PACER
11

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 8/19/2019. Initial Case Management Conference set for Monday, 8/26/2019 02:00 PM before Hon. Judge Yvonne Gonzalez Rogers in Oakland, Courtroom 1, 4th Floor. (Attachments: # 1 Standing Order) (fs, COURT STAFF) (Filed on 6/24/2019) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
12

STIPULATION WITH PROPOSED ORDER TO EXTEND DEFENDANTS' TIME TO RESPOND TO COMPLAINT; ADMINISTRATIVE MOTION TO CONTINUE THE CASE MANAGEMENT CONFERENCE filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto, San Francisco County Sheriff's Department, Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine Dewhitt, Cory Butler, Montrail Brackens, Delon Barker and Javonn Allen. (Rosenblit, Renee) (Filed on 7/22/2019) Modified on 7/22/2019 (jmlS, COURT STAFF). (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
13

ORDER by Judge Yvonne Gonzalez Rogers granting 12 Stipulation. Case Management Statement due by 9/30/2019. Initial Case Management Conference set for 8/26/2019 is CONTINUED to Monday, 10/7/2019 02:00 PM in Oakland, Courtroom 1, 4th Floor. (fs, COURT STAFF) (Filed on 7/24/2019) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
14

Defendants' ANSWER to Complaint with Jury Demand byCity and County of San Francisco, Vicki Hennessy. (Rosenblit, Renee) (Filed on 8/30/2019) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
15

JOINT CASE MANAGEMENT STATEMENT filed by Javonn Allen, Deleon Barker, Montrail Brackens, Cory Butler, Antoine DeWhitt, Marshall Higginbotham, Kenyon Norbert, Kishawn Norbert, Jose Poot, City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto, San Francisco County Sheriff's Department. (Huang, Yolanda) (Filed on 10/1/2019) Modified on 10/2/2019 (cjlS, COURT STAFF). (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
16

ORDER DIRECTING ADDITIONAL SUBMISSION RE: RELATED CASE re 15 Case Management Statement filed by Deleon Barker, Kenyon Norbert, Marshall Higginbotham, Cory Butler, Javonn Allen, Jose Poot, Montrail Brackens, Antoine DeWhitt, Kishawn Norbert. Parties shall file written response to this Order by 12:00 noon on Friday, 10/4/2019. Signed by Judge Yvonne Gonzalez Rogers on 10/1/2019. (fs, COURT STAFF) (Filed on 10/1/2019) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
17

MOTION to Relate Case And Response to Court Order Dkt. 16 filed by Javonn Allen, Deleon Barker, Montrail Brackens, Cory Butler, Antoine DeWhitt, Marshall Higginbotham, Kenyon Norbert, Kishawn Norbert, Jose Poot. (Huang, Yolanda) (Filed on 10/3/2019) Modified on 10/4/2019 (jjbS, COURT STAFF). (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
18

RESPONSE re 16 Order,, Set Deadlines, Defendants' Response to Court Order Regarding Related Case by City and County of San Francisco, Vicki Hennessy. (Murphy, Kaitlyn) (Filed on 10/4/2019) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER

Electronic Filing Error

Oct. 4, 2019

Oct. 4, 2019

PACER

Electronic filing error. Motion did not include a proposed order in compliance with the Local Rules. Please file a proposed order using the event "Proposed order." Re:[1 7] MOTION to Relate Case And Response to Court Order Dkt. 16 filed by Deleon Barker, Kenyon Norbert, Marshall Higginbotham, Cory Butler, Javonn Allen, Jose Poot, Montrail Brackens, Antoine DeWhitt, Kishawn Norbert (jjbS, COURT STAFF) (Filed on 10/4/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
19

Proposed Order re 17 MOTION to Relate Case And Response to Court Order Dkt. 16 by Javonn Allen, Deleon Barker, Montrail Brackens, Cory Butler, Antoine DeWhitt, Marshall Higginbotham, Kenyon Norbert, Kishawn Norbert, Jose Poot. (Huang, Yolanda) (Filed on 10/4/2019) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
20

Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Initial Case Management Conference held on 10/7/2019.Plaintiff counsel deadline 10/8/2019 re if there is consent to Magistrate Judge Kim. Case Management Statement with proposed schedule filed by 10/18/2019. Further Case Management Conference set for 10/21/2019 at specially set time of 11:00 AM in Oakland, Courtroom 1, 4th Floor.Total Time in Court: 47 minutes. Court Reporter: Pam Hebel. (fs, COURT STAFF) (Date Filed: 10/7/2019) (Entered: 10/08/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
21

FURTHER CASE MANAGEMENT STATEMENT filed by City and County of San Francisco, Vicki Hennessy. (Rosenblit, Renee) (Filed on 10/18/2019) Modified on 10/21/2019 (cpS, COURT STAFF). (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

PACER
22

Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Further Case Management Conference held on 10/21/2019. CASE REFERRED to Magistrate Judge Sallie Kim for Discovery. CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement Conference. Amended Pleadings due by 10/29/2019. Close of Expert Discovery due by 4/1/2021. Close of Fact Discovery due by 1/4/2021. Case Management Statement due by 4/27/2020. Class Certification Motion due by 5/4/2021. Opening Reports due by 2/4/2021. Rebuttal Reports due by 3/4/2021. Defendants; Opposition to Class Certification and Defendants' Daubert Motions file by 6/1/2021. Plaintiff's Reply in Support of Class Certification and Opposition to Defendant's Daubert Motions filed by 6/29/2021. Defendants' Reply in support of its own Daubert Motions filed by 7/13/2021. Class Certification Motion and Daubert Motions Hearing set for 8/3/2021 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Joint Statement as to the compliance on 4/23/2021 is to be filed by 4/16/2021. Further Case Management Conference set for 5/4/2020 02:00 PM in Oakland, Courtroom 1, 4th Floor. Joint Pretrial Statement filed by 12/20/2021. Pretrial Conference set Friday, 1/14/2022 at 9:00 AM. Jury Selection set for 2/7/2022 08:30 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Jury Trial set for 2/7/2022 08:30 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Class Certification Motion and Daubert Motions Hearing set for 8/3/2021 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Compliance hearing set for 4/23/2021 09:01 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Compliance hearing re pretrial preparation is set for 1/7/2022 09:01 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Joint Statement filed by 12/31/2021. Total Time in Court: 45 minutes. Court Reporter: Pam Hebel. (fs, COURT STAFF) (Date Filed: 10/21/2019) (Entered: 10/23/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER

Set/Reset Hearings

Oct. 21, 2019

Oct. 21, 2019

PACER

Set/Reset Hearing re 22 Case Management Conference - Further, : Case Referred to Magistrate Judge for Discovery, Case Referred to Magistrate Judge for Settlement Conference, Set Deadlines/Hearings. Pretrial Conference set for Friday, 1/14/2022 09:00 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
23

CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Yvonne Gonzalez Rogers on 10/23/2019. (fs, COURT STAFF) (Filed on 10/23/2019) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

RECAP

Set/Reset Hearings

Oct. 23, 2019

Oct. 23, 2019

PACER

Case Referred to Magistrate Judge for Discovery

Oct. 23, 2019

Oct. 23, 2019

PACER

Case Referred to Magistrate Judge for Settlement

Oct. 23, 2019

Oct. 23, 2019

PACER

CASE REFERRED to Magistrate Judge Sallie Kim for Discovery (ahm, COURT STAFF) (Filed on 10/24/2019) Modified on 10/24/2019 (ahm, COURT STAFF).

Oct. 23, 2019

Oct. 23, 2019

PACER

CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement (ahm, COURT STAFF) (Filed on 10/24/2019) Modified on 10/24/2019 (ahm, COURT STAFF).

Oct. 23, 2019

Oct. 23, 2019

PACER
24

CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE SCHEDULING CALL: This case was referred for a settlement conference to Magistrate Judge Laurel Beeler. The court sets a call with the parties to discuss the timing and logistics of the settlement conference for Thursday, 10/31/2019 at 10:30 AM. The court will email a call-in number separately. If this date does not work, parties may request to change the date by stipulation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/24/2019) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER

Clerk's Notice

Oct. 24, 2019

Oct. 24, 2019

PACER

Case Referred to Magistrate Judge for Settlement

Oct. 24, 2019

Oct. 24, 2019

PACER

Case Referred to Magistrate Judge for Discovery

Oct. 24, 2019

Oct. 24, 2019

PACER
25

NOTICE OF REFERRAL FOR DISCOVERY. Signed by Magistrate Judge Sallie Kim on 10/24/2019. (mklS, COURT STAFF) (Filed on 10/24/2019) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER
26

CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE SCHEDULING CALL TIME: Settlement Conference Scheduling Call set for 10/31/2019 at 10:30 AM is reset to 10:45 AM. The call-in information remains the same. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/25/2019) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER

Clerk's Notice

Oct. 25, 2019

Oct. 25, 2019

PACER
27

Order Setting Settlement Conference before Magistrate Judge. The court already has a settlement conference set for Tuesday, 2/18/2020 at 10:00 a.m. in the related case of Norbert v. SFSD, No. 19-cv-2724-SK. Because the parties and issues are the same, the court sets the settlement conference in this case on the same day and vacates the scheduling call now set for 10/31/2019. If the parties think that a call nonetheless would be helpful, they may reset it on calendar by contacting courtroom deputy Elaine Kabiling. Settlement Conference set for 2/18/2020 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. Settlement Conference Statements due by 2/11/2020. Signed by Judge Laurel Beeler on 10/28/2019. (ejkS, COURT STAFF) (Filed on 10/28/2019) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
28

ORDER by Judge Yvonne Gonzalez Rogers denying 17 Motion to Relate Cases. (fs, COURT STAFF) (Filed on 10/28/2019) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

Clearinghouse
29

Notice of Change of Plaintiffs' Counsel Address by Javonn Allen, Deleon Barker, Montrail Brackens, Cory Butler, Antoine DeWhitt, Marshall Higginbotham, Kenyon Norbert, Kishawn Norbert, Jose Poot. (Huang, Yolanda) (Filed on 12/16/2019) Modified on 12/17/2019 (cjlS, COURT STAFF). (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
30

ADMINISTRATIVE MOTION to Modify Court's Scheduling Order for Good Cause re 23 Pretrial Order filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto. Responses due by 1/14/2020. (Attachments: # 1 Declaration of Kaitlyn Murphy, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Proposed Order)(Murphy, Kaitlyn) (Filed on 1/10/2020) Modified on 1/13/2020 (cpS, COURT STAFF). (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
31

ORDER [*AS MODIFIED BY THE COURT*] by Judge Yvonne Gonzalez Rogers granting 30 Administrative Motion to Modify Court's Scheduling Order for Good Cause. (fs, COURT STAFF) (Filed on 1/24/2020) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
32

CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE DATE: Settlement Conference previously set for 2/18/2020 is reset to 3/5/2020 at 1:00 PM in San Francisco, Courtroom B, 15th Floor. Settlement Conference Statements due by 2/27/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/3/2020) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER

Clerk's Notice

Feb. 3, 2020

Feb. 3, 2020

PACER
33

CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE: Settlement Conference previously set for 3/5/2020 is advanced to 2/27/2020 at 1:00 PM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/5/2020) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER

Clerk's Notice

Feb. 5, 2020

Feb. 5, 2020

PACER
34

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 2/27/2020. The court held a settlement conference. The parties identified several areas for follow-up. In addition, Ms. Huang will provide her expert information (as discussed within three weeks) and will sign the protective order. The court set a settlement call with the parties for Thursday, March 5, 2020 at 3:00 p.m. The court will circulate a call-in number separately. (Not Reported). Plaintiffs' Attorney: Yolanda Huang. Defendants' Attorneys: Kaitlyn Murphy and Margaret Baumgartner. Also Appearing: Jennifer Johnson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 2/27/2020) (Entered: 02/28/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER

~Util - Set Hearings

Feb. 28, 2020

Feb. 28, 2020

PACER

Settlement Conference

Feb. 28, 2020

Feb. 28, 2020

PACER
35

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference Call held on 3/5/2020. The court held a further settlement conference with the parties. The CCSF's current motion to stay is now calendared for April 6, 2020. The CCSF obviously does not want to be in violation of the injunction. The court and parties worked out a process whereby the parties will stipulate to certain recitals reflecting the current compliance with the injunction and other relief that the CCSF has implemented, and will agree to a process to address the remaining issue that was the subject of the call today. That will allow the parties to continue to work on the last piece of the case. The stipulation thus will propose continuing the motions hearing and extending the time for any opposition to allow this process. It also will allow the parties to stipulate to stay the briefing for the pending appeal to allow the settlement process. The CCSF will circulate a draft to Ms. Huang by Friday, March 6, 2020, and Ms. Huang will provide any edits by Monday, March 9, 2020. The parties will file the stipulation on Tuesday, March 10, 2020.The CCSF contemplates being able to provide a further update about the last issue by next Thursday, March 12, 2020. The parties will confer by telephone at 11:00 a.m. that day and will update the court in a joint email by COB on March 12, 2020 about the proposal and their contemplated next steps. (Not Reported). Plaintiffs' Attorney: Yolanda Huang. Defendants' Attorneys: Kaitlyn M. Murphy and Margaret W. Baumgartner. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 3/5/2020) (Entered: 03/06/2020)

March 5, 2020

March 5, 2020

PACER

Settlement Conference

March 6, 2020

March 6, 2020

PACER
36

NOTICE of Change In Counsel by Kaitlyn M. Murphy (Murphy, Kaitlyn) (Filed on 4/20/2020) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
37

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held by Zoom on 4/23/2020. The court held a further settlement conference and sets the next conference for May 14, 2020 at noon and will circulate a Zoom invitation separately. (Not Reported). Plaintiffs' Attorney: Yolanda Huang. Defendants' Attorney: Kaitlyn Murphy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 4/23/2020) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

~Util - Set Hearings

April 24, 2020

April 24, 2020

PACER

Settlement Conference

April 24, 2020

April 24, 2020

PACER
38

JOINT CASE MANAGEMENT STATEMENT filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto, San Francisco County Sheriff's Department, Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine DeWhitt, Cory Butler, Javonn Allen, Montrail Brackens, and Deleon Barker. (Murphy, Kaitlyn) (Filed on 4/27/2020) Modified on 4/28/2020 (jjbS, COURT STAFF). (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
39

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. In light of the filing of the 38 case management statement and the representations therein, the further case management conference is CONTINUED from May 4, 2020 to August 3, 2020 in Oakland, Courtroom 1, 4th Floor. Further case management statement due July 27, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 4/28/2020) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER

Clerk's Notice

April 28, 2020

April 28, 2020

PACER
40

ORDER: In preparation for the upcoming settlement conference, the court asks the parties to email it an update (to LBsettlement@cand.uscourts.gov) with any new information by Tuesday, May 12, 2020 at 4 p.m. Signed by Judge Laurel Beeler on 5/8/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc3S, COURT STAFF) (Filed on 5/8/2020) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER

Order

May 8, 2020

May 8, 2020

PACER
41

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held by Zoom on 5/14/2020. The court held a settlement conference in the Norbert and Poot cases. The parties agreed that the court would send an email to all counsel, including counsel in the Pierce case, to coordinate settlement efforts on the common outdoor-access issues that exist at CJ 2, CJ 4, and CJ 5. If the Pierce parties agree to coordinate settlement efforts, the court asked them to submit a joint stipulation to the trial judge requesting a settlement referral to the undersigned. The court also asked the parties in the three cases to confer within seven days on a schedule for an additional settlement conference. As part of that process, within seven days, the CCSF will provide either a timeline for the matters discussed or, if it cannot provide a timeline, a date when it thinks that it can provide a timeline (recognizing that the COVID-19 situation may affect any timeline that it may settle on). (Not Reported). Plaintiffs' Attorney: Yolanda Huang. Defendants' Attorneys: Kaitlyn Murphy and Margaret Baumgartner. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 5/14/2020) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER

Settlement Conference

May 14, 2020

May 14, 2020

PACER
42

CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 6/25/2020 at 12:30 PM. The court will email the Zoom information separately. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 6/20/2020) Modified on 6/20/2020 (ejkS, COURT STAFF). (Entered: 06/20/2020)

June 20, 2020

June 20, 2020

PACER

Set Motion and Deadlines/Hearings No NEF

June 20, 2020

June 20, 2020

PACER

Set/Reset Hearing. Settlement Conference set for 6/25/2020 at 12:30 PM. (ejkS, COURT STAFF) (Filed on 6/20/2020)

June 20, 2020

June 20, 2020

PACER

Clerk's Notice

June 20, 2020

June 20, 2020

PACER

Set/Reset Hearings AND Set Motion and Deadlines/Hearings No NEF

June 20, 2020

June 20, 2020

PACER
43

JOINT CASE MANAGEMENT STATEMENT filed by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto, San Francisco County Sheriff's Department, Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine DeWhitt, Cory Butler, Javonn Allen, Montrail Brackens, and Deleon Barker. (Rosenblit, Renee) (Filed on 7/27/2020) Modified on 7/28/2020 (jmlS, COURT STAFF). (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
44

CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE BY ZOOM. Settlement Conference set for 8/20/2020 at 1:00 PM before Magistrate Judge Laurel Beeler. The court will email the Zoom information separately. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 7/31/2020) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
45

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. In light of the filing of the 43 case management statement and the representations therein, the further case management conference to be held via Zoom is CONTINUED from August, 3 2020 to October 5, 2020 at 2:00pm. Further case management statement due September 28, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 7/31/2020) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER

Clerk's Notice

July 31, 2020

July 31, 2020

PACER
46

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held via Zoom on 8/20/2020. The court ordered the following. The CCSF will circulate settlement agreements in all three cases covering the issues in Norbert and Poot by tomorrow. The Poot plaintiffs will respond by Monday. The Norbert/Pierce plaintiffs will respond by Thursday, August 27, 2020 at 2 p.m. The parties will confer on Friday, August 28, 2020 at 10 a.m. and will update the court by email no later than noon about their proposed next steps. The court sets a further settlement conference for Wednesday, September 2, 2020 at 1:30 p.m. (Not Reported). Plaintiffs' Attorneys: Yolanda Huang, Dan Siegel, EmilyRose Johns, and Chan Kim. Defendants' Attorneys: Sabrina Berdux, Kaitlyn Murphy, and Margaret Baumgartner. Raymond Rolland and Renee Rosenblit. Also appearing: Katie Tertocha. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 8/20/2020) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER

~Util - Set Deadlines/Hearings AND Settlement Conference

Aug. 20, 2020

Aug. 20, 2020

PACER
47

CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE TIME: Settlement Conference set for 9/2/2020 at 1:30 PM is reset to 3:30 PM. The Zoom information remains the same. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/2/2020) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
48

CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE: Settlement Conference set for 9/2/2020 is reset to 9/3/2020 at 9:30 AM. The court will email the Zoom information separately. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/2/2020) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER

Clerk's Notice

Sept. 2, 2020

Sept. 2, 2020

PACER
49

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held via Zoom on 9/3/2020. The court held a settlement conference in the three cases. The parties reached agreement in the Norbert and Poot cases on almost all terms. By Tuesday, September 8, 2020, the parties will do the following: (1) the CCSF will confirm with the Sheriff the notice procedures for in-custody plaintiffs and circulate final settlement agreements; and (2) counsel for the plaintiffs visit with the clients, confirm the cost for the additional expert and the costs of publication, and confirm whether this resolves all remaining issues. If it does, then the parties will finalize and sign the agreement that day or the next, confer on the schedule for filing the motions for approval, and file a notice of settlement with their proposed schedule next week. For the Pierce case, the court set a further settlement conference for Thursday, September 17, 2020, at 1:00 p.m. (Not Reported). Plaintiffs' Attorneys: Yolanda Huang, Dan Siegel, EmilyRose Johns, and Chan Kim. Defendants' Attorneys: Sabrina Berdux, Kaitlyn Murphy, Margaret Baumgartner, Raymond Rolland, Renee Rosenblit. Also appearing: Katie Tertocha. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 9/3/2020) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER

Settlement Conference

Sept. 3, 2020

Sept. 3, 2020

PACER
50

CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 9/17/2020 at 1:00 PM before Magistrate Judge Laurel Beeler. The court will email the Zoom information separately. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/16/2020) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER

Clerk's Notice

Sept. 16, 2020

Sept. 16, 2020

PACER
51

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held via Zoom on 9/17/2020. The court set a settlement conference, but plaintiff's counsel did not appear. If the CCSF is able to reach the plaintiff's counsel, they may call chambers at 415-522-4660 and the court can reconvene a one-hour meeting. If not, they must email the court in one email that includes all participants, and the court will find an hour that works for the parties. (Not Reported). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 9/17/2020) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER

Settlement Conference

Sept. 17, 2020

Sept. 17, 2020

PACER
52

CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE CALL: Settlement Conference Call set for 9/18/2020 at 12:30 PM. The court will circulate the call-in information separately. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/18/2020) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
53

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held by AT&T Teleconference on 9/18/2020. Case settled in full. Material terms are placed on the record. Parties reached a settlement in a settlement agreement email to the court this date and is incorporated into the record. Settlement is subject to the ordinary contingencies of approval of the governing authorities for the defendants, which parties expect in approximately 90 days. Parties will then file a joint motion for preliminary approval of the class action settlement. Total Time in Court: 6 minutes. AT&T Teleconference Time: 12:57 - 1:03. Plaintiffs' Attorney: Yolanda Huang. Defendants' Attorneys: Renee Rosenblit, Kaitlyn Murphy and Margaret Baumgartner. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 9/18/2020) Modified on 2/10/2021: Matter transcribed by Belle Ball. (rjdS, COURT STAFF). (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER

Clerk's Notice

Sept. 18, 2020

Sept. 18, 2020

PACER

Settlement Conference

Sept. 18, 2020

Sept. 18, 2020

PACER
54

ORDER VACATING DATES AND SETTING COMPLIANCE DEADLINE re 53 Settlement Conference. All pending dates are VACATED. The 10/5/2020 case management is vacated. A Motion for Preliminary Approval of Class Action Settlement or a one-page joint statement filed by 1/15/2021. Compliance deadline is set for 1/22/2021 09:01 AM before Judge Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 9/23/2020. (fs, COURT STAFF) (Filed on 9/23/2020) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
55

STIPULATION WITH PROPOSED ORDER re 54 Order,, Set Deadlines/Hearings, filed by Jose Poot, et al and San Francisco County Sheriff's Department, et al. (Huang, Yolanda) (Filed on 1/15/2021) Modified on 1/19/2021 (jmlS, COURT STAFF). (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
56

ORDER by Judge Yvonne Gonzalez Rogers granting 55 Stipulation. Preliminary Approval Motion filed by 2/19/2021. Compliance Deadline set for 1/22/2021 is CONTINUED to Friday, 2/26/2021 09:01 AM.(fs, COURT STAFF) (Filed on 1/19/2021) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
57

TRANSCRIPT ORDER for proceedings held on 09-18-20 before Magistrate Judge Laurel Beeler by City and County of San Francisco, Vicki Hennessy, Jason Jackson, Captain McConnell, Paul Miyamoto, for Court Reporter FTR - San Francisco. (Rosenblit, Renee) (Filed on 2/10/2021) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
58

Transcript of Proceedings held on 9/18/20, before Judge Laurel Beeler. Transcriber Belle Ball, CSR, telephone number (415)373-2529, belle_ball@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 57 Transcript Order, ) Release of Transcript Restriction set for 5/17/2021. (Related documents(s) 57 ) (ballbb15S, COURT STAFF) (Filed on 2/16/2021) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Key Dates

Filing Date: May 20, 2019

Closing Date: March 31, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Eight pre-trial detainees housed in two jails under the control of the San Francisco County.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Withdrawn

Defendants

San Francisco County Sheriff’s Department (San Francisco), County

San Francisco County (San Francisco), County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Reporting

Training

Order Duration: 2023 - 2024

Issues

General/Misc.:

Conditions of confinement