Case: Perez v. Tilton

3:05-cv-05241 | U.S. District Court for the Northern District of California

Filed Date: Dec. 19, 2005

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On December 19, 2005, a California state prisoner filed a class action lawsuit in the U.S. District Court for the Northern District of California under 42 U.S.C. § 1983. The plaintiff sought injunctive relief on behalf of himself and other prisoners for alleged unconstitutional conditions with respect to dental care provided by the California Department of Corrections and Rehabilitation ("CDCR"). The plaintiffs were represented by attorneys of the Prison Law Office in California. This case stem…

On December 19, 2005, a California state prisoner filed a class action lawsuit in the U.S. District Court for the Northern District of California under 42 U.S.C. § 1983. The plaintiff sought injunctive relief on behalf of himself and other prisoners for alleged unconstitutional conditions with respect to dental care provided by the California Department of Corrections and Rehabilitation ("CDCR"). The plaintiffs were represented by attorneys of the Prison Law Office in California.

This case stemmed from the case Plata v. Schwarzenegger, 3:01-cv-01351-TEH (N.D. Cal.), PC-CA-18 in this Clearinghouse, which was a class action brought on behalf California state prisoners challenging the medical care provided by the CDCR.

On the same date as filing the complaint, the plaintiffs submitted a proposed stipulation and order outlining a settlement agreement that the parties had reached through informal negotiations that commenced in August 2004. Then the parties filed a joint motion for preliminary approval of an amended class settlement.

On May 1, 2006, Judge Jeffrey S. White certified the class for purposes of settlement and for the remedial phase of the litigation and issued its preliminary approval order as to the settlement. The class was: "all current and future California state prisoners in the custody of the California Department of Corrections and Rehabilitation with serious dental care needs." Notices of the settlement were sent to class members and a fairness hearing was held on August 18, 2006.

On August 21, 2006, Judge White approved the settlement and adopted the amended stipulation as an order of the court. The amended stipulation required systemic improvements in the delivery of dental care to all inmates by the CDCR. The stipulation referred to the class as "all California state prisoners in the custody of the CDCR who have serious dental care needs." Monitoring of the remedial phase was to be done by CDCR, the plaintiffs and independent court experts. Perez v. Tilton, 2006 WL 2433240 (N.D. Cal. Aug. 21, 2006). On February 8, 2007, Judge White appointed Drs. Shulman and Scalzo to act as the court's representatives in connection with the oversight and coordination of the remediation phase in this case with Coleman v. Schwarzenegger, 2:90-cv-00520-LKK-JFM (E.D. Cal.), PC-CA-2 in this Clearinghouse, and Plata v. Schwarzenegger.

Beginning in October 2006, the parties brought the question of salaries and staffing to the attention of the court. The defendants stated that the current salary levels at the CDCR were an impediment to hiring and retaining dental staff and that they were trying to remedy this issue. However, it turned out that in order for the CDCR to obtain the necessary funding to finance these salary a court order was necessary. On June 12, 2007, Judge White ordered the defendants to increase dental salaries, hire key dental managers, and streamline dental hiring practices. Perez v. Hickman, 2007 WL 1697320 (N.D. Cal. June 12, 2007).

On June 28, 2007, Judge White approved a group of six coordination agreements among the parties in order to assist the remedial process in all three cases.

In approximately November 2006, the CDCR began to transfer prisoners to private facilities in other states. It is undisputed that, at the time the parties negotiated the original settlement agreement and the Amended Stipulation, that the parties did not contemplate that Defendants would transfer prisoners out-of-state. As a result of these transfers, a dispute arose between the parties about whether those prisoners who had been transferred to private facilities in other states were members of the class. The parties also disputed whether prisoners who were housed in Community Correctional Facilities ("CCFs") were members of the class. On March 10, 2008, Judge White granted the defendants' motion regarding the class definition and denied the plaintiffs' motion to amend the class definition. Judge White held that the parties did not intend to include out-of-state transfers and prisoners house in CCFs as part of the class. Perez v. Tilton, 2008 WL 686723 (N.D. Cal. Mar. 10, 2008).

During the dispute regarding prisoners who the CDCR was transferring out of state, the parties had met to review the dental files for those prisoners eligible for transfer to determine whether they were a member of the class. However, the defendants refused to let the experts review the files. As a result, on October 20, 2008, Judge White granted the plaintiffs' motion to enforce the stipulated injunction and court order regarding experts to allow them access to prisoners' records. Perez v. Cate, 2008 WL 4665130 (N.D. Cal. Oct. 20, 2008).

In 2009, the receiver in Plata v. Schwarzenegger, the special master in Coleman v. Schwarzenegger, and the experts in this case and Armstrong v. Schwarzenegger, PC-CA-1 in this Clearinghouse, presented to the judges in the four cases an agreement that they had reached during the coordination meetings for health care administrative appeals. On January 15, 2009, Judge White ordered that the parties in the four cases had until January 30, 2009, to show cause why the agreement should not be adopted as an order of the court.

Then in this case, regarding the prisoners be transferred out of state, the experts filed a report stating that the defendants' screening process was inadequate and that the application of the screening procedure resulted in an increased likelihood that inmates with essential dental care needs would be endorsed for the transfer. The experts also provided a better screening protocol, which the defendants disagreed with. As a result, the plaintiffs asked the court to modify the amended stipulation to require the defendants to implement an effective screening program approved by the experts and to suspend the transfer program pending the development of such a screening program. On February 23, 2009, Judge White ordered the parties to develop a mutually agreeable screening protocol and the defendants to stop transferring a certain class of inmates until the new screening program was developed. Perez v. Cate, 2009 WL 440508 (N.D. Cal. Feb. 23, 2009).

Also on February 23, 2009, Judge White granted the plaintiffs' motion to join Governor Arnold Schwarzenegger as a party defendant.

Pursuant to the amended stipulation injunction from 2006, the plaintiffs were entitled to apply for attorneys' fees. In 2007, Judge White had approved the parties' stipulation to periodic payment of attorneys' fees and costs. A dispute arose over the hourly rate for paralegal services. The defendants paid the plaintiffs' requested rate but asked the court to award a lower rate in the future. The disputed amount was $3,553. On September 1, 2009, Judge White ordered the defendants to pay the plaintiffs the disputed $3,553 granting the plaintiffs' motion to compel the disputed 2008 attorneys' fees. Judge White held that the Prison Litigation Reform Act limits courts to an hourly rate that is 150 percent of the rate established for court-appointed counsel under the Criminal Justice Act and does not set a separate benchmark rate for paralegal fees. Perez v. Cate, 2009 WL 2849593 (N.D. Cal. Sept. 1, 2009). The defendants appealed this decision.

On January 13, 2011, Judge Sandra Segal Ikuta, writing for the U.S. Court of Appeals for the Ninth Circuit, affirmed the district court's decisions, holding that paralegal fees were subject to the same hourly cap as attorney fees. Perez v. Cate, 632 F.3d 553, 558 (9th Cir. 2011).

In August 2012, the case was dismissed with the exception of the provision requiring construction of dental clinics. The docket shows no activity after May 2013, so the current status of the case is unclear.

Summary Authors

Kristen Sagar (11/13/2008)

Jessica Kincaid (7/13/2014)

Related Cases

Coleman v. Brown, Eastern District of California (1990)

Armstrong v. Newsom, Northern District of California (1994)

Plata v. Newsom, Northern District of California (2001)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5741221/parties/perez-v-cate/


Judge(s)

Gould, Ronald Murray (Washington)

Henderson, Thelton Eugene (California)

Ikuta, Sandra Segal (California)

Karlton, Lawrence K. (California)

Korman, Edward Robert (New York)

White, Jeffrey Steven (California)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Hardy, Alison (California)

Norman, Sara Linda (California)

Specter, Donald H. (California)

Judge(s)

Gould, Ronald Murray (Washington)

Henderson, Thelton Eugene (California)

Ikuta, Sandra Segal (California)

Karlton, Lawrence K. (California)

Korman, Edward Robert (New York)

White, Jeffrey Steven (California)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Hardy, Alison (California)

Norman, Sara Linda (California)

Specter, Donald H. (California)

Attorneys(s) for Defendant

Antonen, Charles (California)

Brown, Edmund G. Jr. (California)

East, Rochelle C. (California)

Grunder, Frances T. (California)

Harris, Kamala D. (California)

Humes, James M. (California)

Kirschenbauer, Marisa Yee (California)

Lewis, Kyle Anthony (California)

Lindsay, Phillip James (California)

Lockyer, Bill (California)

McClain, Damon Grant (California)

Mello, Paul Brian (California)

Sandman, Alison P. (California)

Schaefer, Jerrold C. (California)

Wolfe, Richard Frederick (California)

Other Attorney(s)

Dodd, Martin H. (California)

Documents in the Clearinghouse

Document

3:05-cv-05241

09-17185

07-16297

Docket [PACER]

Perez v. Cate

May 15, 2013

May 15, 2013

Docket

3:05-cv-05241

Stipulation and [Proposed] Order

Perez v. Hickman

Dec. 15, 2005

Dec. 15, 2005

Pleading / Motion / Brief
69

3:05-cv-05241

Amended Stipulation and Order

Perez v. Tilton

Aug. 21, 2006

Aug. 21, 2006

Settlement Agreement
68

3:05-cv-05241

Order Granting Motion for Final Approval of Settlement

Aug. 21, 2006

Aug. 21, 2006

Settlement Agreement
96

3:05-cv-05241

Order Appointing Court Experts as Court Representatives

Feb. 8, 2007

Feb. 8, 2007

Order/Opinion
133

3:05-cv-05241

Order Granting In Part, and Denying as Moot in Part Plaintiffs' Motion for Order Requiring Defendants to Increase Dental Salaries, Hire Key Dental Managers and Streamline Dental Hiring Practices

Perez v. Hickman

June 12, 2007

June 12, 2007

Order/Opinion
198

3:05-cv-05241

Order Denying Without Prejudice Motion to Compel Compliance with Settlement

March 11, 2008

March 11, 2008

Order/Opinion
265

3:05-cv-05241

Order Granting Motion to Enforce Stipulated Injunction

Perez v. Cate

Oct. 20, 2008

Oct. 20, 2008

Order/Opinion
301

3:05-cv-05241

Order to Show Cause

Perez v. Cate

Jan. 15, 2009

Jan. 15, 2009

Order/Opinion
355

3:05-cv-05241

Order Granting Plaintiffs' Motion to Join Governor Arnold Schwarzenegger as a Party Defendent

Perez v. Cate

Feb. 23, 2009

Feb. 23, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5741221/perez-v-cate/

Last updated Aug. 24, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
3

ORDER NOT RELATING CASE. Signed by Judge Thelton Henderson on 1-4-06. (tehlc1, COURT STAFF) (Filed on 1/5/2006)

Jan. 5, 2006

Jan. 5, 2006

RECAP
1

Class Action COMPLAINT against Roderick Hickman, Peter Farber−Szenkrenyi, William Kuykendall ( Filing fee $ 250, receipt number 3379569.). Filed byCarlos Perez. (hdj, COURT STAFF) (Filed on 12/19/2005) Additional attachment(s) added on 1/19/2006 (hdj, COURT STAFF). (Entered: 12/21/2005)

Dec. 19, 2005

Dec. 19, 2005

12

ORDER RE STIPULATION AND PROPOSED ORDER. Signed by Judge Jeffrey S. White on February 22, 2006. (jswlc3, COURTSTAFF) (Filed on 2/22/2006)

Feb. 22, 2006

Feb. 22, 2006

RECAP
2

Joint Administrative Motion to Consider Whether Cases Should be Related 01−1351TEH and 05−5241JSW filed by Carlos Perez. (hdj, COURT STAFF) (Filed on 12/19/2005) (Entered: 12/21/2005)

Dec. 19, 2005

Dec. 19, 2005

23

NOTICE OF QUESTIONS FOR HEARING. Signed by Judge Jeffrey S. White on April 6, 2006. (jswlc3, COURTSTAFF) (Filed on 4/6/2006)

April 6, 2006

April 6, 2006

RECAP

Received Document Stipulation and (Proposed) Order by Carlos Perez, Roderick Hickman, Peter Farber−Szekrenyi and William Kuykendall. (hdj, COURT STAFF) (Filed on 12/19/2005) (Entered: 12/21/2005)

Dec. 19, 2005

Dec. 19, 2005

32

ORDER by Judge Jeffrey S. White GRANTING 15 Motion to Certify Class and Certifying Class for Purposes of Settlement and Remedial Phase of Litigation. (jswlc3, COURTSTAFF) (Filed on 5/1/2006)

May 1, 2006

May 1, 2006

RECAP

Received Document (Proposed) Stipulated Order Relating Cases 01−1351TEH and 05−5241JSW by Carlos Perez. (hdj, COURT STAFF) (Filed on 12/19/2005) (Entered: 12/21/2005)

Dec. 19, 2005

Dec. 19, 2005

CASE DESIGNATED for Electronic Filing. (hdj, COURT STAFF) (Filed on 12/19/2005) (Entered: 12/21/2005)

Dec. 19, 2005

Dec. 19, 2005

33

ORDER by Judge Jeffrey S. White GRANTING 13 Motion Preliminary Approval of Settlement. (jswlc3, COURTSTAFF) (Filed on 5/1/2006)

May 1, 2006

May 1, 2006

RECAP
34

ORDER APPROVING 19 Stipulation re Production and Access to Documents and Other Informaiton. Signed by Judge Jeffrey S. White on May 1, 2006. (jswlc3, COURTSTAFF) (Filed on 5/1/2006)

May 1, 2006

May 1, 2006

RECAP
35

ORDER APPROVING 25 Amended Stipulation re Settlement. Signed by Judge Jeffrey S. White on May 1, 2006. (jswlc3, COURTSTAFF) (Filed on 5/1/2006) Additional attachment(s) added on 5/25/2006 (hdj, COURT STAFF). Additional attachment(s) added on 5/25/2006 (hdj, COURT STAFF). Modified on 8/22/2006 (rcs, COURT STAFF).

May 1, 2006

May 1, 2006

RECAP
4

STIPULATION and [Proposed] Order, without Exhibits by Carlos Perez. (Hardy, Alison) (Filed on 1/10/2006) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

5

NOTICE by Carlos Perez re 4 Stipulation Manual Filing of Exhibits (Hardy, Alison) (Filed on 1/10/2006) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

36

ORDER re 31 Order Appointing Experts. Signed by Judge Jeffrey S. White on May 1, 2006. (jswlc3, COURTSTAFF) (Filed on 5/1/2006)

May 1, 2006

May 1, 2006

RECAP
37

ORDER APPROVING 29 Stipulated Protective Order. Signed by Judge Jeffrey S. White on May 1, 2006. (jswlc3, COURTSTAFF) (Filed on 5/1/2006)

May 1, 2006

May 1, 2006

RECAP
6

Proposed Order re Appointment of Experts under Rule 706 by Carlos Perez. (Hardy, Alison) (Filed on 1/10/2006) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

7

Letter from Plaintiffs' Counsel re Rule 23(e) . (Hardy, Alison) (Filed on 1/23/2006) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

38

ORDER GRANTING STIPULATION RE FURNISHING NOTICE OF THE PROPOSED SETTLEMENT TO PLAINTIFF CLASS. Signed by Judge Jeffrey S. White on 5/1/06. (jjo, COURT STAFF) (Filed on 5/1/2006)

May 1, 2006

May 1, 2006

RECAP
42

ORDER by Judge Jeffrey S. White GRANTING 40 Motion for Clarification. (jswlc3, COURTSTAFF) (Filed on 5/12/2006)

May 12, 2006

May 12, 2006

RECAP
8

NOTICE by Carlos Perez to Defendants of Standing Orders (Hardy, Alison) (Filed on 1/27/2006) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

9

WAIVER OF SERVICE Returned Executed filed by Carlos Perez. Service waived by Peter Farber−Szenkrenyi waiver sent on 1/27/2006, answer due 3/28/2006. (Hardy, Alison) (Filed on 2/16/2006) (Entered: 02/16/2006)

Feb. 16, 2006

Feb. 16, 2006

43

ORDER re: Correspondence. Signed by Judge Jeffrey S. White on 5/15/06. (jjo, COURT STAFF) (Filed on 5/15/2006)

May 15, 2006

May 15, 2006

RECAP
10

WAIVER OF SERVICE Returned Executed filed by Carlos Perez. Service waived by Roderick Hickman waiver sent on 1/27/2006, answer due 3/28/2006. (Hardy, Alison) (Filed on 2/16/2006) (Entered: 02/16/2006)

Feb. 16, 2006

Feb. 16, 2006

66

NOTICE OF TENTATIVE RULING AND QUESTIONS FOR HEARING. Signed by Judge Jeffrey S. White on August 16, 2006. (jswlc3, COURTSTAFF) (Filed on 8/16/2006)

Aug. 16, 2006

Aug. 16, 2006

RECAP
11

WAIVER OF SERVICE Returned Executed filed by Carlos Perez. Service waived by William Kuykendall waiver sent on 1/27/2006, answer due 3/28/2006. (Hardy, Alison) (Filed on 2/16/2006) (Entered: 02/16/2006)

Feb. 16, 2006

Feb. 16, 2006

68

ORDER GRANTING 54 , 60 Motion in Support of Final Approval of Settlement Agreement. Signed by Judge Jeffrey S. White on August 21, 2006. (jswlc3, COURTSTAFF) (Filed on 8/21/2006)

Aug. 21, 2006

Aug. 21, 2006

RECAP
69

ORDER APPROVING 25 Amended Stipulation of Settlement. Signed by Judge Jeffrey S. White on August 21, 2006. (jswlc3, COURTSTAFF) (Filed on 8/21/2006)

Aug. 21, 2006

Aug. 21, 2006

RECAP
13

Joint MOTION for Preliminary Approval of Class Settlement Agreement , Notice to Class, Scheduling Order and Fairness Hearing filed by Carlos Perez. Motion Hearing set for 4/7/2006 09:00 AM in Courtroom 2, 17th Floor, San Francisco. (Hardy, Alison) (Filed on 2/28/2006) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

73

ORDER GRANTING 71 Stipulation re Court Experts. Signed by Judge Jeffrey S. White on August 31, 2006. (jswlc3, COURTSTAFF) (Filed on 8/31/2006)

Aug. 31, 2006

Aug. 31, 2006

RECAP
74

ORDER GRANTING 72 Stipulation Regarding Posting and Distribution of Notice to Plaintiff Class. Signed by Judge Jeffrey S. White on August 31, 2006. (jswlc3, COURTSTAFF) (Filed on 8/31/2006)

Aug. 31, 2006

Aug. 31, 2006

RECAP
14

Proposed Order re 13 Joint MOTION for Preliminary Approval of Class Settlement Agreement , Notice to Class, Scheduling Order and Fairness Hearing by Carlos Perez. (Hardy, Alison) (Filed on 2/28/2006) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

15

MOTION to Certify Class filed by Carlos Perez. Motion Hearing set for 4/7/2006 09:00 AM in Courtroom 2, 17th Floor, San Francisco. (Hardy, Alison) (Filed on 2/28/2006) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

76

ORDER GRANTING 75 Stipulation RE Compensation of Independent Court Experts. Signed by Judge Jeffrey S. White on 9/18/06. (jjo, COURT STAFF) (Filed on 9/18/2006)

Sept. 18, 2006

Sept. 18, 2006

RECAP
16

Proposed Order re 15 MOTION to Certify Class by Carlos Perez. (Hardy, Alison) (Filed on 2/28/2006) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

79

ORDER GRANTING 78 STIPULATION Regarding Attorneys' Fees and Costs. Signed by Judge Jeffrey S. White on 9/26/06. (jjo, COURT STAFF) (Filed on 9/26/2006)

Sept. 26, 2006

Sept. 26, 2006

RECAP
84

ORDER REQUESTING SUPPLEMENTAL STATEMENT RE: POTENTIAL COORDINATION ISSUES. Signed by Judge Jeffrey S. White on 12/19/06. (jjo, COURT STAFF) (Filed on 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

RECAP
17

Notice of Manual Filing of Declaration of Alison Hardy with Exhibits in Support of 15 MOTION to Certify Class, 13 Joint MOTION for Preliminary Approval of Class Settlement Agreement , Notice to Class, Scheduling Order and Fairness Hearing filed byCarlos Perez. (Related document(s) 15 , 13 ) (Hardy, Alison) (Filed on 2/28/2006) Modified on 3/2/2006 (hdj, COURT STAFF). (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

86

ORDER RE: EXPERT INVOICES. Signed by Judge Jeffrey S. White on 1/8/07. (jjo, COURT STAFF) (Filed on 1/8/2007)

Jan. 8, 2007

Jan. 8, 2007

RECAP
18

STIPULATION Re Furnishing Notice of Proposed Settlement to Plaintiff Class and Proposed Order by Carlos Perez. (Hardy, Alison) (Filed on 2/28/2006) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

20

STIPULATION and [Proposed] Protective Order by Carlos Perez. (Hardy, Alison) (Filed on 2/28/2006) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

88

ORDER RE APPOINTMENT OF COURT REPRESENTATIVE. Signed by Judge Jeffrey S. White on January 22, 2007. (jswlc3, COURT STAFF) (Filed on 1/22/2007)

Jan. 22, 2007

Jan. 22, 2007

RECAP
22

Declaration of Alison Hardy in Support of 15 MOTION to Certify Class, 13 Joint MOTION for Preliminary Approval of Class Settlement Agreement , Notice to Class, Scheduling Order and Fairness Hearing filed byCarlos Perez. (Related document(s) 15 , 13 ) (hdj, COURT STAFF) (Filed on 2/28/2006) (Entered: 03/02/2006)

Feb. 28, 2006

Feb. 28, 2006

89

ORDER Re Coordination. Signed by Judge Jeffrey S. White on January 25, 2007. (jswlc3, COURT STAFF) (Filed on 1/25/2007)

Jan. 25, 2007

Jan. 25, 2007

RECAP
21

NOTICE by Roderick Hickman, Peter Farber−Szenkrenyi, William Kuykendall Notice of Assignment of Defense Counsel (Mello, Paul) (Filed on 3/1/2006) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

93

ORDER RE STATUS CONFERENCE. Signed by Judge Jeffrey S. White on February 1, 2007. (jswlc3, COURT STAFF) (Filed on 2/1/2007)

Feb. 1, 2007

Feb. 1, 2007

RECAP
95

***FILED IN ERROR. PLEASE SEE DOCKET # 96 ***ORDER APPOINTING COURT REPRESENTATIVES. Signed by Judge Jeffrey S. White on February 8, 2007. (jswlc3, COURT STAFF) (Filed on 2/8/2007) Modified on 2/8/2007 (jswlc3, COURT STAFF).

Feb. 8, 2007

Feb. 8, 2007

RECAP
24

Minute Entry: Motion Hearing held on 4/7/2006 before Judge Jeffrey S. White (Date Filed: 4/7/2006). (Court Reporter Leo Mankiewicz.) (jjo, COURT STAFF) (Date Filed: 4/7/2006) (Entered: 04/07/2006)

April 7, 2006

April 7, 2006

96

ORDER APPOINTING COURT REPRESENTATIVES. Signed by Judge Jeffrey S. White on February 8, 2007. (jswlc3, COURT STAFF) (Filed on 2/8/2007)

Feb. 8, 2007

Feb. 8, 2007

RECAP
25

STIPULATION (Amended) and [Proposed Order] by Carlos Perez. (Hardy, Alison) (Filed on 4/28/2006) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

97

ORDER SETTING FURTHER STATUS CONFERENCE. Signed by Judge Jeffrey S. White on February 8, 2007. (jswlc3, COURT STAFF) (Filed on 2/8/2007)

Feb. 8, 2007

Feb. 8, 2007

RECAP
99

ORDER GRANTING 98 Stipulation to Continue Status Conference. Signed by Judge Jeffrey S. White on Feburary 15, 2007. (jswlc3, COURT STAFF) (Filed on 2/15/2007)

Feb. 15, 2007

Feb. 15, 2007

RECAP
26

NOTICE by Carlos Perez of Manual Filing (Hardy, Alison) (Filed on 4/28/2006) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

27

STIPULATION Re Furnishing Notice to Class Members by Carlos Perez. (Hardy, Alison) (Filed on 4/28/2006) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

108

ORDER GRANTING 107 Stipulation Re Deposit of Interim Costs. Signed by Judge Jeffrey S. White on 4/3/07. (jjo, COURT STAFF) (Filed on 4/3/2007)

April 3, 2007

April 3, 2007

RECAP
110

ORDER GRANTING 109 Stipulation Re Periodic Payments of Attorneys' Fees and Costs. Signed by Judge Jeffrey S. White on 4/10/07. (jjo, COURT STAFF) (Filed on 4/10/2007)

April 10, 2007

April 10, 2007

RECAP
28

EXHIBITS re 27 Stipulation Re Furnishing Notice to Class Members filed byCarlos Perez. (Related document(s) 27 ) (Hardy, Alison) (Filed on 4/28/2006) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

29

STIPULATION and [Proposed] Protective Order by Carlos Perez. (Hardy, Alison) (Filed on 4/28/2006) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

120

ORDER PERMITTING FURTHER REPLY BRIEF. Signed by Judge Jeffrey S. White on 5/22/07. (jjo, COURT STAFF) (Filed on 5/22/2007)

May 22, 2007

May 22, 2007

RECAP
30

RESPONSE to Ct's 4/7/06 Order Seeking Memorandum Re Scheduling and Ducating of Dental Appointments by Carlos Perez. (Hardy, Alison) (Filed on 4/28/2006) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

124

ORDER TO FILE AND SERVE RESPONSE TO REQUEST FOR COURT APPROVAL. Signed by Judge Jeffrey S. White on May 29, 2007. (jswlc3, COURT STAFF) (Filed on 5/29/2007)

May 29, 2007

May 29, 2007

RECAP
31

Proposed Order Re Appointment of Court Experts by Carlos Perez. (Hardy, Alison) (Filed on 4/28/2006) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

126

NOTICE OF TENTATIVE RULING AND QUESTIONS FOR HEARING. Signed by Judge Jeffrey S. White on 6/1/07. (jjo, COURT STAFF) (Filed on 6/1/2007)

June 1, 2007

June 1, 2007

RECAP
133

ORDER by Judge Jeffrey S. White GRANTING IN PART AND DENYING AS MOOT IN PART 111 Motion for Order Requiring Defendants to Increase Dental Salaries, Hire Key Dental Managers and Streamline Dental Hiring Practices. (jswlc3, COURT STAFF) (Filed on 6/12/2007)

June 12, 2007

June 12, 2007

RECAP
134

ORDER GRANTING 132 Stipulation for Periodic Collection of Attorneys' Fees. Signed by Judge Jeffrey S. White on June 12, 2007. (jswlc3, COURT STAFF) (Filed on 6/12/2007)

June 12, 2007

June 12, 2007

RECAP
135

ORDER on 131 Notice Substituting Defendant. Signed by Judge Jeffrey S. White on June 12, 2007. (jswlc3, COURT STAFF) (Filed on 6/12/2007)

June 12, 2007

June 12, 2007

RECAP
141

ORDER REQUIRING Response from Plaintiffs' re Defendants' Response to June 12, 2007 Order re Supplemental Waivers of State Law. Signed by Judge Jeffrey S. White on June 20, 2007. (jswlc3, COURT STAFF) (Filed on 6/20/2007)

June 20, 2007

June 20, 2007

RECAP
143

ORDER GRANTING Defendants' Unopposed Request to Modify June 12, 2007 Order. Signed by Judge Jeffrey S. White on June 20, 2007. (jswlc3, COURT STAFF) (Filed on 6/20/2007)

June 20, 2007

June 20, 2007

RECAP
144

ORDER APPROVING Coordination Agreements. Signed by Judge Jeffrey S. White on June 28, 2007. (jswlc3, COURT STAFF) (Filed on 6/28/2007)

June 28, 2007

June 28, 2007

RECAP
39

EXHIBITS A−C re 35 Order filed byRoderick Hickman, Peter Farber−Szenkrenyi, William Kuykendall. (Related document(s) 35 ) (hdj, COURT STAFF) (Filed on 5/1/2006) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

148

ORDER GRANTING 147 Stipulation for Periodic Collection of Attorneys' Fees and Costs. Signed by Judge Jeffrey S. White on 7/23/07. (jjo, COURT STAFF) (Filed on 7/23/2007)

July 23, 2007

July 23, 2007

RECAP

Set/Reset Hearings: Hearing set for 8/18/2006 09:00 AM. (hdj, COURT STAFF) (Filed on 5/1/2006) (Entered: 05/02/2006)

May 1, 2006

May 1, 2006

151

ORDER GRANTING 150 Stipulation re Deposit of Interim Costs. Signed by Judge Jeffrey S. White on August 23, 2007. (jswlc3, COURT STAFF) (Filed on 8/23/2007)

Aug. 23, 2007

Aug. 23, 2007

RECAP
160

ORDER GRANTING STIPULATION FOR PERIODIC COLLECTION OF ATTORNEYS' FEES AND COSTS. Signed by Judge Jeffrey S. White on 10/29/07. (jjo, COURT STAFF) (Filed on 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

RECAP

Received Document Letter dated 5/17/06 re: settlement from Louis Lagervall. (hdj, COURT STAFF) (Filed on 5/3/2006) (Entered: 05/24/2006)

May 3, 2006

May 3, 2006

Received Document LETTER to Clerk dated 5/8/06 from John A. Stephens re dental. (far, COURT STAFF) (Filed on 5/11/2006) (Entered: 05/15/2006)

May 11, 2006

May 11, 2006

161

COORDINATION ORDER TO SHOW CAUSE. Signed by Judge Jeffrey S. White on 11/13/07. (jjo, COURT STAFF) (Filed on 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

RECAP
167

ORDER Re Reciever's Response to OSC re Construction One Pager. Signed by Judges Lawrence K. Karlton, Thelton E. Henderson, Jeffrey S. White, and Claudia Wilken on November 30, 2007. (jswlc3, COURT STAFF) (Filed on 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

RECAP

Received Document Letter dated 5/9/06 re: settlement from Greg Gaines. (hdj, COURT STAFF) (Filed on 5/11/2006) (Entered: 05/17/2006)

May 11, 2006

May 11, 2006

40

Joint MOTION to Amend/Correct 35 Order Approving Amended Stipulation filed by Carlos Perez. (Hardy, Alison) (Filed on 5/12/2006) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

178

ORDER CONTINUING HEARINGS and SETTING BRIEFING SCHEDULE. Signed by Judge Jeffrey S. White on January 2, 2008. (jswlc3, COURT STAFF) (Filed on 1/2/2008)

Jan. 2, 2008

Jan. 2, 2008

RECAP
182

ORDER GRANTING 181 Stipulation re Deposit of Interim Costs. Signed by Judge Jeffrey S. White on January 23, 2008. (jswlc3, COURT STAFF) (Filed on 1/23/2008)

Jan. 23, 2008

Jan. 23, 2008

RECAP
41

Proposed Order re 40 Joint MOTION to Amend/Correct 35 Order Approving Amended Stipulation by Carlos Perez. (Hardy, Alison) (Filed on 5/12/2006) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

185

ORDER RE CORRESPONDENCE REQUEST FOR COPIES AND CERTIFICATE OF SERVICE. Signed by Judge Jeffrey S. White on 2/4/08. (jjo, COURT STAFF) (Filed on 2/4/2008)

Feb. 4, 2008

Feb. 4, 2008

RECAP
186

ORDER TO SHOW CAUSE. Signed by Judge Jeffrey S. White on February 4, 2008. (jswlc3, COURT STAFF) (Filed on 2/4/2008)

Feb. 4, 2008

Feb. 4, 2008

RECAP
188

ORDER APPROVING CONSTRUCTION ONE PAGER. Signed by Judge Jeffrey S. White on 2/26/08. (jjo, COURT STAFF) (Filed on 2/26/2008)

Feb. 26, 2008

Feb. 26, 2008

RECAP
189

NOTICE OF TENTATIVE RULING AND QUESTIONS FOR HEARING. Signed by Judge Jeffrey S. White on February 27, 2008. (jswlc3, COURT STAFF) (Filed on 2/27/2008)

Feb. 27, 2008

Feb. 27, 2008

RECAP
194

ORDER TO DEFENDANTS TO SHOW CAUSE. Show Cause Response due by 3/12/2008. Signed by Judge Jeffrey S. White on March 7, 2008. (jswlc3, COURT STAFF) (Filed on 3/7/2008)

March 7, 2008

March 7, 2008

RECAP
195

ORDER by Judge Jeffrey S. White GRANTING 169 Motion re: Class Definition and DENYING WITHOUT PREJUDICE 177 Motion to Amend Class Definition. (jswlc3, COURT STAFF) (Filed on 3/10/2008)

March 10, 2008

March 10, 2008

RECAP
197

ORDER APPROVING INFORMATION TECHNOLOGY COORDINATION AGREEMENT. Signed by Judge Jeffrey S. White on March 10, 2008. (jswlc3, COURT STAFF) (Filed on 3/10/2008) Modified on 3/10/2008 (jswlc3, COURT STAFF).

March 10, 2008

March 10, 2008

RECAP
198

ORDER DENYING WITHOUT PREJUDICE 196 Motion to Compel Compliance with Settlement. Signed by Judge Jeffrey S. White on March 11, 2008. (jswlc3, COURT STAFF) (Filed on 3/11/2008)

March 11, 2008

March 11, 2008

RECAP
200

ORDER DISCHARGING ORDER TO SHOW CAUSE. Signed by Judge Jeffrey S. White on 3/13/08. (jjo, COURT STAFF) (Filed on 3/13/2008)

March 13, 2008

March 13, 2008

RECAP
201

ORDER TO SHOW CAUSE Show Cause Response due by 3/28/2008.. Signed by Judge Jeffrey S. White on 3/13/08. (jjo, COURT STAFF) (Filed on 3/13/2008)

March 13, 2008

March 13, 2008

RECAP
212

ORDER re 201 Order to Show Cause and Approving CEO Pilot Program. Signed by Judge Jeffrey S. White on April 1, 2008. (jswlc3, COURT STAFF) (Filed on 4/1/2008)

April 1, 2008

April 1, 2008

RECAP
215

ORDER GRANTING 213 Stipulation for Periodic Collection of Attorneys' Fees. Signed by Judge Jeffrey S. White on 4/3/08. (jjo, COURT STAFF) (Filed on 4/3/2008)

April 3, 2008

April 3, 2008

RECAP
222

ORDER SETTING STATUS CONFERENCE. Signed by Judge Jeffrey S. White on 6/30/08. (jjo, COURT STAFF) (Filed on 6/30/2008)

June 30, 2008

June 30, 2008

RECAP
227

ORDER APPROVING 225 Stipulation re First Quarter 2008 Attorneys' Fees. Signed by Judge Jeffrey S. White on August 25, 2008. (jswlc3, COURT STAFF) (Filed on 8/25/2008)

Aug. 25, 2008

Aug. 25, 2008

RECAP
228

ORDER GRANTING 226 Stipulation re Second Quarter 2008 Attorneys' Fees. Signed by Judge Jeffrey S. White on August 25, 2008. (jswlc3, COURT STAFF) (Filed on 8/25/2008)

Aug. 25, 2008

Aug. 25, 2008

RECAP
230

ORDER To Show Cause re: Space Coordination Agreement. Response due by September 26, 2008. Signed by Judge Jeffrey S. White on September 5, 2008. (jswlc3, COURT STAFF) (Filed on 9/5/2008)

Sept. 5, 2008

Sept. 5, 2008

RECAP
231

ORDER Re Expert Attendance At Monthly Meetings. Signed by Judge Jeffrey S. White on September 12, 2008. (jswlc3, COURT STAFF) (Filed on 9/12/2008)

Sept. 12, 2008

Sept. 12, 2008

RECAP

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

California's Prisoners' Rights Bar article

Key Dates

Filing Date: Dec. 19, 2005

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates confined by the California Department of Corrections and Rehabilitation ("CDCR").

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prison Law Office

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Corrections and Rehabilitation ("CDCR"), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

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

Order Duration: 2006 - 2013

Content of Injunction:

Goals (e.g., for hiring, admissions)

Hire

Monitor/Master

Monitoring

Other requirements regarding hiring, promotion, retention

Reporting

Issues

General:

Conditions of confinement

Staff (number, training, qualifications, wages)

Medical/Mental Health:

Dental care

Type of Facility:

Government-run