Case: Hampton v. State of California

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-15892819.). Filed byJacqueline Hampton, Michael Hampton. (Attachments: # 1 Civil Cover Sheet)(Haddad, Michael) (Filed on 4/27/2021) (Entered: 04/27/2021)

1 Civil Cover Sheet

View on PACER

Case assigned to Magistrate Judge Laurel Beeler. 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 5/11/2021. (mbcS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021)

Proposed Summons. (Haddad, Michael) (Filed on 4/27/2021) (Entered: 04/27/2021)

NOTICE of Appearance by Teresa Denise Allen (Allen, Teresa) (Filed on 4/27/2021) (Entered: 04/27/2021)

NOTICE of Appearance by Julia Sherwin (Sherwin, Julia) (Filed on 4/27/2021) (Entered: 04/27/2021)

~Util - Case Assigned by Intake

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/22/2021. Initial Case Management Conference set for 7/29/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor. (hdjS, COURT STAFF) (Filed on 4/28/2021) (Entered: 04/28/2021)

Summons Issued as to Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Steven Tharratt, Kirk Torres. (hdjS, COURT STAFF) (Filed on 4/28/2021) (Entered: 04/28/2021)

CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME. Initial Case Management Conference set for 7/29/2021 at 11:00 AM is reset to 9:30 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Pers ons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry .) (ejkS, COURT STAFF) (Filed on 5/7/2021) (Entered: 05/07/2021)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jacqueline Hampton, Michael Hampton.. (Allen, Teresa) (Filed on 5/7/2021) (Entered: 05/07/2021)

Clerk's Notice Setting Zoom Hearing

SUMMONS Returned Executed by Jacqueline Hampton, Michael Hampton. Ronald Broomfield served on 5/14/2021, answer due 6/4/2021; California Department of Corrections and Rehabilitation (CDCR) served on 5/14/2021, answer due 6/4/2021; Clarence Cryer served on 5/14/2021, answer due 6/4/2021; Ronald Davis served on 5/14/2021, answer due 6/4/2021; Ralph Diaz served on 5/14/2021, answer due 6/4/2021; Louie Escobell served on 5/14/2021, answer due 6/4/2021; Muhammad Farooq served on 5/14/2021, answer due 6/4/2021; Shannon Garrigan served on 5/14/2021, answer due 6/4/2021; Alison Pachynski served on 5/14/2021, answer due 6/4/2021; San Quentin State Prison served on 5/14/2021, answer due 6/4/2021; State of California served on 5/13/2021, answer due 6/3/2021; Kirk Torres served on 5/14/2021, answer due 6/4/2021. (Allen, Teresa) (Filed on 5/20/2021) (Entered: 05/20/2021)

STIPULATION WITH PROPOSED ORDER Stipulated Request for Order Changing Deadlines filed by California Department of Corrections and Rehabilitation (CDCR), Ronald Davis, Ralph Diaz, Alison Pachynski, San Quentin State Prison. (Attachments: # 1 Proposed Order)(Perkins, Robert) (Filed on 5/27/2021) (Entered: 05/27/2021)

CLERK'S NOTICE Re: Consent or Declination: Defendants 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 6/10/2021. (ejkS, COURT STAFF) (Filed on 5/27/2021) (Entered: 05/27/2021)

Order by Magistrate Judge Laurel Beeler granting 11 Stipulated Request for Order Changing Deadlines. (ejkS, COURT STAFF) (Filed on 5/27/2021) (Entered: 05/27/2021)

CLERK'S SECOND NOTICE Re: Consent or Declination: Defendants 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 6/28/2021. (ejkS, COURT STAFF) (Filed on 6/14/2021) (Entered: 06/14/2021)

NOTICE of Appearance by Cassandra Jean Shryock Deputy Attorney General for Defendants (Shryock, Cassandra) (Filed on 6/14/2021) (Entered: 06/14/2021)

CLERK'S NOTICE Re: Consent or Declination: Defendant State of California 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 6/28/2021. (ejkS, COURT STAFF) (Filed on 6/14/2021) (Entered: 06/14/2021)

NOTICE by Jacqueline Hampton, Michael Hampton Unavailability of Counsel (Sherwin, Julia) (Filed on 6/21/2021) (Entered: 06/21/2021)

MOTION for Extension of Time to File Consent or Decline Magistrate Judge Jurisdiction filed by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Kirk Torres. (Attachments: # 1 Declaration of Cassandra J. Shryock in Support, # 2 Proposed Order)(Shryock, Cassandra) (Filed on 6/28/2021) (Entered: 06/28/2021)

STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference and Related Deadlines filed by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Kirk Torres. (Attachments: # 1 Proposed Order)(Shryock, Cassandra) (Filed on 7/1/2021) (Entered: 07/01/2021)

Order by Magistrate Judge Laurel Beeler granting 18 Motion for Extension of Time to File Consent or Decline Magistrate Judge Jurisdiction. Consent/Declination due by 7/12/2021. (ejkS, COURT STAFF) (Filed on 7/1/2021) (Entered: 07/01/2021)

Order by Magistrate Judge Laurel Beeler granting 19 Stipulation to Continue Case Management Conference and Related Deadlines. Initial Case Management Conference set for 9/30/2021 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 9/23/2021. (ejkS, COURT STAFF) (Filed on 7/1/2021) (Entered: 07/01/2021)

AMENDED COMPLAINT against Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Kirk Torres, Estate of Robert S. Tharratt. Filed byJacqueline Hampton, Michael Hampton. (Haddad, Michael) (Filed on 7/8/2021) (Entered: 07/08/2021)

Proposed Summons. (Haddad, Michael) (Filed on 7/8/2021) (Entered: 07/08/2021)

Summons Issued as to Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Estate of Robert S. Tharratt, Muhammad Farooq, Shannon Garrigan, Jacqueline Hampton, Alison Pachynski, San Quentin State Prison, State of California, Steven Tharratt. (hdjS, COURT STAFF) (Filed on 7/9/2021) (Entered: 07/09/2021)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, Kirk Torres.. (Perkins, Robert) (Filed on 7/12/2021) (Entered: 07/12/2021)

CLERK'S SECOND NOTICE Re: Consent or Declination: Defendant State of California 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 7/28/2021. (ejkS, COURT STAFF) (Filed on 7/14/2021) (Entered: 07/14/2021)

MOTION to Dismiss Plaintiff's First Amended Complaint filed by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, Kirk Torres. Responses due by 8/5/2021. Replies due by 8/12/2021. (Attachments: # 1 Memorandum of Points and Authorities in Support of Defendants' Motion to Dismiss First Amended Complaint, # 2 Request for Judicial Notice in Support of Their Motion to Dismiss the First Amended Complaint, # 3 Defendants Appendix of the Public Readiness Emergency Preparedness Act Declaration, Amendments, and Advisory Opinions in Support of Their Motion to Dismiss the First Amended Complaint, # 4 Proposed Order)(Perkins, Robert) (Filed on 7/22/2021) (Entered: 07/22/2021)

CLERKS NOTICE SETTING MOTION HEARING. Motion Hearing 27 MOTION to Dismiss Plaintiff's First Amended Complaint set for 8/26/2021 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. The briefing schedule remains the same. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a t ext-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 7/22/2021) (Entered: 07/22/2021)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, Kirk Torres.. (Perkins, Robert) (Filed on 7/22/2021) (Entered: 07/22/2021)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, Kirk Torres.. (Perkins, Robert) (Filed on 7/23/2021) (Entered: 07/23/2021)

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AND MOTION HEARING: The court revises the briefing schedule for the motion to dismiss at ECF No. 27 in accordance with the parties' stipulation at ECF 13. Because the court requires 2 weeks between the reply date and the hearing date, the court continues the hearing to October 7, 2021 at 9:30am. Motion Hearing 27 MOTION to Dismiss Plaintiff's First Amended Complaint set for 10/7/2021 at 9:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 9/2/2021. Replies due by 9/23/2021. Initial Case Management Conference set for 11/4/2021 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 10/28/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 7/23/2021) (Entered: 07/23/2021)

ORDER. Given the pending motion, and the need for all defendants to appear and consent to magistrate jurisdiction, the court asks for an update within three business days on the status of service for the non-appearing defendant Estate of Robert S. Tharratt. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc2S, COURT STAFF) (Filed on 8/2/2021) (Entered: 08/02/2021)

Order

NOTICE by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Kirk Torres of Unavailability of Defense Counsel (Shryock, Cassandra) (Filed on 8/4/2021) (Entered: 08/04/2021)

NOTICE by Jacqueline Hampton, Michael Hampton re 32 Order, Update on Service of Process on Estate of Robert S. Tharratt (Haddad, Michael) (Filed on 8/5/2021) (Entered: 08/05/2021)

STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule filed by Jacqueline Hampton. (Allen, Teresa) (Filed on 8/16/2021) (Entered: 08/16/2021)

ORDER by Magistrate Judge Laurel Beeler granting 35 Stipulation to modify briefing schedule for defendants' Motion to Dismiss plaintiff's first amended complaint.Plaintiffs Opposition to Defendants Motion to Dismiss: September 22, 2021Defendants Reply to Opposition: October 6, 2021 Motion hearing: October 28, 2021 at 9:30 a.m., by Zoom (rmm2S, COURT STAFF) (Filed on 8/16/2021) (Entered: 08/16/2021)

NOTICE of Appearance by Cassandra Jean Shryock Notice of Appearance of Deputy Attorneys General Robert M. Perkins, III and Cassandra J. Shryock for Defendant the Estate of Dr. Tharratt (Shryock, Cassandra) (Filed on 9/3/2021) (Entered: 09/03/2021)

Joinder re 27 MOTION to Dismiss Plaintiff's First Amended Complaint by Estate of Robert S. Tharratt. (Shryock, Cassandra) (Filed on 9/3/2021) (Entered: 09/03/2021)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Estate of Robert S. Tharratt.. (Perkins, Robert) (Filed on 9/3/2021) (Entered: 09/03/2021)

OPPOSITION/RESPONSE (re 27 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byJacqueline Hampton, Michael Hampton. (Haddad, Michael) (Filed on 9/17/2021) (Entered: 09/17/2021)

OBJECTIONS to re 27 MOTION to Dismiss Plaintiff's First Amended Complaint Plaintiff's Objection to Defendants' Request for Judicial Notice and Incorporation by Reference by Jacqueline Hampton, Michael Hampton. (Haddad, Michael) (Filed on 9/17/2021) (Entered: 09/17/2021)

CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference previously set for 11/4/2021 is reset to 12/9/2021 at 9:30 AM in San Francisco- Videoconference Only. Case Management Statement due by 12/2/2021. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/ lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/4/2021) (Entered: 10/04/2021)

Clerk's Notice AND Clerk's Notice Setting Zoom Hearing

REPLY (re 27 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byRonald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Estate of Robert S. Tharratt, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, Kirk Torres. (Shryock, Cassandra) (Filed on 10/6/2021) (Entered: 10/06/2021)

NOTICE by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Estate of Robert S. Tharratt, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Kirk Torres of Development in Parallel Case in Anticipation of Upcoming Hearing on Defendants' Motion to Dismiss (Shryock, Cassandra) (Filed on 10/22/2021) (Entered: 10/22/2021)

OBJECTIONS to re 44 Notice (Other), re pending motion to dismiss by Jacqueline Hampton, Michael Hampton. (Haddad, Michael) (Filed on 10/22/2021) (Entered: 10/22/2021)

CLERKS NOTICE RESETTING MOTION HEARING. For administrative reasons, the court continues the hearing to 11/4/2021 at 9:30 am. Motion Hearing 27 MOTION to Dismiss Plaintiff's First Amended Complaint set for 11/4/2021 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, reco rding, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand .uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 10/28/2021) (Entered: 10/28/2021)

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held via Zoom on 11/4/2021. Matters are argued, submitted and taken under submission. Court directs CDCR to produce entire custodial file. Court to issue order. Total Time in Court: 54 minutes. Zoom Webinar Recording Time: 9:36 - 10:30. Plaintiffs' Attorneys: Michael J. Haddad and Teresa Allen. Defendants' Attorneys: Robert Perkins, III and Cassandra Jean Shryock. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 11/4/2021) Modified on 5/2/2022: Matter transcribed by Tara (Bauer) Jauregui (ECHO Reporting). (rjd, COURT STAFF). (Entered: 11/04/2021)

Motion Hearing

NOTICE by Jacqueline Hampton, Michael Hampton of Unavailability (Sherwin, Julia) (Filed on 11/10/2021) (Entered: 11/10/2021)

ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 11/19/2021) (Entered: 11/19/2021)

ADR Clerks Notice re: Non-Compliance after 5/1/2018

CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference previously set for 12/9/2021 is reset to 12/23/2021 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 12/16/2021. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.g ov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. The re is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 12/1/2021) (Entered: 12/01/2021)

Clerk's Notice AND Clerk's Notice Setting Zoom Hearing

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Allen, Teresa) (Filed on 12/2/2021) (Entered: 12/02/2021)

CLERK'S NOTICE (lrc, COURT STAFF) (Filed on 12/3/2021) (Entered: 12/03/2021)

JOINT CASE MANAGEMENT STATEMENT filed by Jacqueline Hampton, Michael Hampton. (Allen, Teresa) (Filed on 12/16/2021) (Entered: 12/16/2021)

CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference previously set for 12/23/2021 is reset to 1/13/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 1/6/2022.This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb < b>General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (ejk, COURT STAFF) (Filed on 12/16/2021) (Entered: 12/16/2021)

Clerk's Notice AND Clerk's Notice Setting Zoom Hearing

CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference previously set for 1/13/2022 is reset to 2/17/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 2/10/2022. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov /lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. Ther e is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 12/27/2021) (Entered: 12/27/2021)

Clerk's Notice AND Clerk's Notice Setting Zoom Hearing

CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Pursuant to the parties' stipulation, the court resets the Initial Case Management Conference previously set for 2/17/2022 to 3/3/2022 at 9:30 AM. Case Management Statement due by 2/24/2022. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www. cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 1/13/2022) (Entered: 01/13/2022)

Clerk's Notice AND Clerk's Notice Setting Zoom Hearing

ORDER.The attached order dismisses the claims against Ralph Diaz and the ADA/Rehabilitation Act claim without prejudice and otherwise denies the motion to dismiss because the plaintiff plausibly pleaded the claims, and fact disputes preclude finding immunity.(Beeler, Laurel) (Filed on 1/21/2022) (Entered: 01/22/2022)

NOTICE of Appearance by Brian Hawkinson (Hawkinson, Brian) (Filed on 1/28/2022) (Entered: 01/28/2022)

STIPULATION WITH PROPOSED ORDER Extending Deadline for Defendants to File Responsive Pleading to Operative Complaint filed by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Estate of Robert S. Tharratt, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Kirk Torres. (Shryock, Cassandra) (Filed on 2/2/2022) (Entered: 02/02/2022)

Order by Magistrate Judge Laurel Beeler granting 59 Stipulation Extending Deadline for Defendants to File Responsive Pleading to Operative Complaint. (ejk, COURT STAFF) (Filed on 2/3/2022) (Entered: 02/03/2022)

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: The court has a trial and so needs to conduct its 9:30 a.m. calendar at 4:00 p.m. Initial Case Management Conference set for 3/3/2022 at 4:00 PM in San Francisco - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 2/9/2022) (Entered: 02/09/2022)

STIPULATION WITH PROPOSED ORDER for Protective Order filed by Jacqueline Hampton, Michael Hampton. (Allen, Teresa) (Filed on 2/10/2022) (Entered: 02/10/2022)

Order by Magistrate Judge Laurel Beeler granting 62 Stipulated Protective Order. (ejk, COURT STAFF) (Filed on 2/10/2022) (Entered: 02/10/2022)

Clerk's Notice

MOTION for Leave to File Motion to Reconsider; Motion for Reconsideration filed by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Estate of Robert S. Tharratt, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Kirk Torres. (Perkins, Robert) (Filed on 2/17/2022) (Entered: 02/17/2022)

Order granting 64 Motion for Leave to File entered by Magistrate Judge Laurel Beeler.The court grants leave to file a motion for reconsideration. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 02/17/2022)

MOTION for Reconsideration of Court's Order on Defendants' Motion to Dismiss (Fed. R. Civ. P. 59(e)) filed by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Estate of Robert S. Tharratt, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Kirk Torres. (Perkins, Robert) (Filed on 2/18/2022) (Entered: 02/18/2022)

Order on Motion for Leave to File

CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing 66 MOTION for Reconsideration of Court's Order on Defendants' Motion to Dismiss (Fed. R. Civ. P. 59(e)) set for 4/7/2022 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 3/4/2022. Replies due by 3/11/2022. This proceeding will be held via a Zoom webinar.The court continues the CMC until 4/28/2022 at 9:30 a.m., after the hearing on the motion to reconsider. Initial Case Management Conference set for 4/28/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 4/21/2022. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court pr oceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) ( Filed on 2/22/2022) (Entered: 02/22/2022)

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice Setting Zoom Hearing

~Util - Teleconference Zoom AND Clerk's Notice Setting Zoom Hearing AND ~Util - Set Motion and Deadlines/Hearings

OPPOSITION/RESPONSE (re 66 MOTION for Reconsideration of Court's Order on Defendants' Motion to Dismiss (Fed. R. Civ. P. 59(e)) ) filed byJacqueline Hampton, Michael Hampton. (Attachments: # 1 Appendix)(Allen, Teresa) (Filed on 3/2/2022) (Entered: 03/02/2022)

REPLY (re 66 MOTION for Reconsideration of Court's Order on Defendants' Motion to Dismiss (Fed. R. Civ. P. 59(e)) ) Defendants' Reply in Support of Motion for Reconsideration of Court's Order on Defendants' Motion to Dismiss filed byRonald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Estate of Robert S. Tharratt, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Kirk Torres. (Attachments: # 1 Declaration Regarding Technical Failure in Filing Reply Brief on the Case Management/ Electronic Case Files System Pursuant to Local Rules 5-1(d))(Perkins, Robert) (Filed on 3/14/2022) (Entered: 03/14/2022)

NOTICE by Jacqueline Hampton, Michael Hampton re 66 MOTION for Reconsideration of Court's Order on Defendants' Motion to Dismiss (Fed. R. Civ. P. 59(e)) NOTICE OF SUPPLEMENTAL AUTHORITY (Haddad, Michael) (Filed on 3/15/2022) (Entered: 03/15/2022)

ORDER.In the attached order, the court denies the defendants' motion for reconsideration generally because there was no error. An amended order is filed simultaneously with this order and expands the analysis in the earlier order to avoid any misunderstanding of the earlier analysis. The opportunity to reconsider the earlier order has resulted in the court's reconsideration of its dismissal of Secretary of the CDCR Ralph Diaz. The amended order reflects this.(Beeler, Laurel) (Filed on 3/20/2022) (Entered: 03/20/2022)

AMENDED ORDER REGARDING MOTION TO DISMISS. (Beeler, Laurel) (Filed on 3/20/2022) (Entered: 03/20/2022)

AMENDED COMPLAINT [SECOND], PER ORDER, DOC. 72 against All Defendants. Filed byJacqueline Hampton, Michael Hampton. (Attachments: # 1 Appendix Redline Version)(Haddad, Michael) (Filed on 3/21/2022) (Entered: 03/21/2022)

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Estate of Robert S. Tharratt, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Kirk Torres. Appeal of Order on Motion to Dismiss, 57, Order on Motion for Reconsideration,, 71, Order 72 (Appeal fee of $505 receipt number ACANDC-17050204 paid.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Perkins, Robert) (Filed on 4/1/2022) No. 22-15481. Modified on 4/5/2022 (wsn, COURT STAFF). (Entered: 04/01/2022)

MOTION to Stay Defendants' Notice of Motion and Motion to Stay Proceedings Pending Appeal filed by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Estate of Robert S. Tharratt, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Kirk Torres. Motion Hearing set for 5/5/2022 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 4/15/2022. Replies due by 4/22/2022. (Attachments: # 1 Memorandum of Points and Authorities in Support of Defendants' Motion to Stay all Proceedings Pending Appeal, # 2 Declaration of Robert Perkins, III with Exhibit 1, # 3 Proposed Order)(Perkins, Robert) (Filed on 4/1/2022) (Entered: 04/01/2022)

CLERKS NOTICE RESETTING MOTION HEARING. According to Local Rule 7, motions must be noticed for a hearing not less than 35 days from filing. Due to the recent filing of 75 MOTION to Stay Defendants' Notice of Motion and Motion to Stay Proceedings Pending Appeal, the court resets the hearing date from 5/5/2022 to 5/12/2022 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. The briefing schedule remains the same. This proceeding will be held via a Zoom webinar.Initial Case Management Conference previously set for 4/28/2022 is reset to 6/16/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 6/9/2022. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no documen t associated with this entry.) (ejk, COURT STAFF) (Filed on 4/1/2022) (Entered: 04/01/2022)

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice AND Clerk's Notice Setting Zoom Hearing

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice AND ~Util - Teleconference Zoom AND Clerk's Notice Setting Zoom Hearing

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing AND Clerk's Notice

~Util - Teleconference Zoom AND Clerk's Notice Setting Zoom Hearing AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

USCA Case Number 22-15481 9th Circuit for 74 Notice of Appeal to the Ninth Circuit, filed by Clarence Cryer, Ronald Broomfield, Estate of Robert S. Tharratt, Kirk Torres, Louie Escobell, Ralph Diaz, Muhammad Farooq, Ronald Davis, Shannon Garrigan, State of California, San Quentin State Prison, California Department of Corrections and Rehabilitation (CDCR), Alison Pachynski. (hdj, COURT STAFF) (Filed on 4/4/2022) (Entered: 04/05/2022)

STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule for Defendants' Motion to Stay Proceedings Pending Appeal filed by Jacqueline Hampton, Michael Hampton. (Allen, Teresa) (Filed on 4/8/2022) (Entered: 04/08/2022)

ORDER re 78 Stipulation to Modify Briefing Schedule for Defendants' Motion to Stay Proceedings Pending Appeal. Responses due by 4/29/2022. Replies due by 5/6/2022. Signed by Judge Laurel Beeler on 04/11/2022. (ejk, COURT STAFF) (Filed on 4/11/2022) (Entered: 04/11/2022)

MOTION to Strike 73 Amended Complaint Defendants' Administrative Motion to Strike Plaintiff's Unauthorized Second Amended Complaint filed by Ronald Broomfield, California Department of Corrections and Rehabilitation (CDCR), Clarence Cryer, Ronald Davis, Ralph Diaz, Louie Escobell, Estate of Robert S. Tharratt, Muhammad Farooq, Shannon Garrigan, Alison Pachynski, San Quentin State Prison, State of California, Kirk Torres. Responses due by 5/4/2022. Replies due by 5/11/2022. (Attachments: # 1 Declaration of Deputy Attorney General Cassandra J. Shryock in Support, # 2 Exhibit 1 to 5 to Decl. of Cassandra J. Shryock, # 3 Proposed Order)(Shryock, Cassandra) (Filed on 4/20/2022) (Entered: 04/20/2022)