Case: Rutherford v. Block

Arthur Michael Fernandez v. City of Los Angeles

Rutherford v. Pitchess

Rutherford v. Pitchess

U.S. Court of Appeals for the Ninth Circuit

Rutherford v. Pitchess

U.S. Court of Appeals for the Ninth Circuit

Block v. Rutherford

Supreme Court of the United States

Supreme Court of the United States

Oyez

Sherman Block

Frederick R. Bennett

Bennett, Frederick R.

COMPLAINT (Summons(es) issued) (ca) Modified on 11/08/2002

CASE REOPENED (lisp)

ORDER by Judge Manuel L. Real tht the Clrk is directed to rasgn all closed cases previously assigned to Senior Judge Gray, on an as needed and random basis, through the civil assignment. (Order filed on 3/3/92) Case reassigned to Judge Richard Gadbois for all further proceedings (cc: all counsel) (et) Modified on 11/08/2002

ORDER by Judge Wm. M. Byrne that an award of atty's fees in the amt of $16,000.00 for the time period of 8/97 - 9/97 is hereby GRANTED. (el) Modified on 11/08/2002

Joint STIPULATION for ord re atty fees filed (lori) Modified on 11/08/2002

ORDER by Judge Wm. M. Byrne re stipulation [4-1]: an ward of atty's fees in the amt of $20,000 for the ti pd of Jan & FEb 1999 was gr. (lori) Modified on 11/08/2002

JOINT STIPULATION filed for ord re attorney fees (jag) Modified on 11/08/2002

ORDER by Judge Wm. M. Byrne; Good cause appearing therefor, an award of atty's fees in the amt of $20,000 for the time period of July & Aug 1999 is GRANTED. (jag) Modified on 11/08/2002

JOINT STIPULATION filed for attorney fees ;lodged ord (lc) Modified on 11/08/2002

ORDER by Judge Terry J. Hatter upon stipulation that attorney fees in amt of $11,653.75 awarded for Januray & February 2001 is hereby granted [8-1] (lc) Modified on 11/08/2002

STIPULATION and ORDER FOR ORDER RE ATTY FEES an ward of attys fees in the amount of $16,426.87 for the time period of July & August 2001 is hereby granted by Judge Consuelo B. Marshall (pj) Modified on 11/08/2002

STIPULATION filed for order re atty fees ; Decl of Mark D Rosenbaum; lodged propsd ord (el) Modified on 11/08/2002

ORDER by Judge Consuelo B. Marshall re Attorney fees in the amount of $20,000.00 for the time period of September and October, 2001 is hereby granted (el)

JOINT STIPULATION filed for order re attorney fees ; Decl of Mark D Rosenbaum (el)

ORDER by Judge Consuelo B. Marshall granting stipulation for order re attorney fees [0-1], in the amount of $20,000.00 for the time period of November and December, 2001 (el)

JOINT STIPULATION filed for order re attorney fees, Decl of Mark D Rosenbaum (el) Modified on 11/08/2002

ORDER by Judge Consuelo B. Marshall, that an award of attorney's fees [12-1], [11-1], in the amount of $20,000.00 for the time period of January and February 2002 is hereby GRANTED. (el) Modified on 11/08/2002

JOINT STIPULATION filed for order re attys' fees in the amt of $20,000.00 for all efforts for April & May, 2002 be granted based upon decl of Mark D Rosenbaum (el) Modified on 11/08/2002

LODGED/PROPOSED ORDER submitted by plaintiff Dennis Rutherford for stipulation for order re attys' fees in the amt of $20,000.00 for all efforts for April & May, 2002 be granted based upon decl of Mark D Rosenbaum [14-1] .(FWD TO CRD) (el)

ORDER by Judge Consuelo B. Marshall that the stipulation for order re attys' fees in the amt of $20,000.00 for all efforts for April & May, 2002 be granted based upon decl of Mark D Rosenbaum [14-1]; is hereby GRANTED. (el) Modified on 11/08/2002

JOINT STIPULATION For Ord Re Attorney Fees filed; IT IS HEREBY STIPULATED & AGREED by & between plf's cnsl & dfts' cnsl that an award of attys' fees in the amount of $20,000.00 for all efforts during the months of May & June, 2002 in the above entitled actn be granted based upon the decl of Mark D Rosenbuam, & any attachments filed herewith ; Decl of Mark Rosenbaum; Lodged propsd order (nhac) Modified on 11/08/2002

ORDER by Judge Consuelo B. Marshall granting stipulation IT that an award of attys' fees in the amount of $20,000.00 for all efforts during the months of May & June, 2002 in the above entitled actn be granted based upon the decl of Mark D Rosenbuam, & any attachments filed herewith [0-1], in the amount of $20,000.00 for the time period of May and June, 2002 is hereby Granted. (el)

JOINT STIPULATION filed for order re atty fees ; decl of Mark D Rosenbaum (pj) Modified on 11/08/2002

ORDER: Award of attys fees in the amount of $20,000.00 for the time period of July & August, 2002 is hereby granted by Judge Consuelo B. Marshall [17-1] (pj) Modified on 11/08/2002

PLACED IN FILE - NOT USED Order re attorney fees for May and June 2002 (el)

DECLARATION of Karen Erickson by plaintiff Dennis Rutherford re entry of atty fee order [0-1] (el)

JOINT STIPULATION filed for attorney fees of $20,000.00 for November and December 2002 ; lodged order (lc) (Entered: 09/03/2003)

JOINT STIPULATION filed for attorney fees in amount of $20,000.00 for January and February 2003 ; lodged order (lc) (Entered: 09/03/2003)

JOINT STIPULATION filed for attorney fees amount of $20,000.00 for March and April 2003 ; lodged order (lc) (Entered: 09/03/2003)

JOINT STIPULATION filed for attorney fees amount of $20,000.00 for May and June 2003 ; lodged order (lc) (Entered: 09/03/2003)

JOINT STIPULATION filed for attorney fees amount of $20,000.00 ;lodged order (lc) (Entered: 09/03/2003)

REMARK: pursuant to procedures re old paper dockets, number series started with 01; 8/29/03 order re attorney fees needed to be "send" (lc)

ORDER by Judge Consuelo B. Marshall directing attorney fees for $20,000.00 for period November and December 2002 (lc) (Entered: 09/02/2003)

ORDER by Judge Consuelo B. Marshall directing attorney fees in amount of $20,000.00 for the period September and October 2002 (lc) (Entered: 09/02/2003)

ORDER by Judge Consuelo B. Marshall directing attorney fees in amount of $20,000.00 for time period January and February 2003 (lc) (Entered: 09/02/2003)

ORDER by Judge Consuelo B. Marshall directing attorney fees in amount of $20,000.00 for period March and April 2003 (lc) (Entered: 09/02/2003)

ORDER by Judge Consuelo B. Marshall directing attorney fees in amount of $20,000.00 for period of May and June 2003 (lc) (Entered: 09/02/2003)

JOINT STIPULATION filed for attorney fees ; declaraton of Mark D Rosenbaum; lodged order (lc) (Entered: 09/25/2003)

ORDER by Judge Consuelo B. Marshall granting attorney fees in amount of $20,000.00 for time period July and August 2003 upon stipulation [11-1] (lc) (Entered: 10/03/2003)

JOINT STIPULATION filed for order re attorney fees ; declaration of Mark D Rosenbaum; lodged order (lc) (Entered: 12/03/2003)

ORDER by Judge Consuelo B. Marshall granting stipulation for order re attorney fees in amount of $20,000.00 for September and October 2003 [13-1] (lc) (Entered: 12/05/2003)

JOINT STIPULATION for Order on attorney fees; declaration of Mark D Rosenbaum filed Lodged order. (lc, ) (Entered: 01/28/2004)

ORDER granting attorney fees of $20,000.00 for November and December 2003 15 by Judge Consuelo B. Marshall(lc, ) (Entered: 01/28/2004)

STIPULATION for Order regarding attorney fees; declaration of Mark D Rsoenbaum filed by plaintiff Dennis Rutherford. Lodged order. (lc, ) (Entered: 03/11/2004)

ORDER by Judge Consuelo B. Marshall granting Stipulation for Order of attorneys fees in amount of $20,000.00 for Januray and February 2004 17 (lc, ) (Entered: 03/25/2004)

STIPULATION for Order for attorneys fees; declaration of Mark D Rosenbaum filed by plaintiff Dennis Rutherford. Lodged order. (lc, ) (Entered: 05/21/2004)

ORDER granting award of attorney fees in amount of $20,000.00 for March and April 2004 by Judge Consuelo B. Marshall 19 (lc, ) (Entered: 05/24/2004)

STIPULATION for attorney fees; declaration of Mark D Rosenbaum filed by plaintiff Dennis Rutherford. Lodged order. (lc, ) (Entered: 07/27/2004)

ORDER granting award of attorney fees in amount of $20,000.00 for May and June 2004 by Judge Consuelo B. Marshall 21 (lc, ) Modified on 7/30/2004 (lc, ). (Entered: 07/30/2004)

JOINT STIPULATION for Order Re Attorney Fees in the amount of $20,000.00 for all efforts during the months of September and October, 2004 filed by plaintiff Dennis Rutherford. Lodged Proposed Order. (nhac, ) (Entered: 11/29/2004)

JOINT STIPULATION for Order Re Attorney Fees in the amount of $20,000.00 for all efforts during the months of July and August, 2004 filed by plaintiff Dennis Rutherford. Lodged Proposed Order. (nhac, ) (Entered: 11/29/2004)

ORDER Regarding Attorney Fes by Judge Consuelo B. Marshall. Good cause appearing therefor, an award of attorneys fees in the amount of $20,000.00 for the time period of July and August, 2004 24 is hereby granted.(nhac, ) (Entered: 11/29/2004)

ORDER Regarding Attorney Fes by Judge Consuelo B. Marshall. Good cause appearing therefor, an award of attorneys fees in the amount of $20,000.00 for the time period of September and October, 2004 23 is hereby granted.(nhac, ) (Entered: 11/29/2004)

JOINT STIPULATION for Order Re Attorney Fees; Declaration of Mark D. Rosenbaum. Lodged Proposed Order. (gk, ) (Entered: 03/17/2005)

ORDER by Judge Consuelo B. Marshall upon Joint Stipulation 27 that an award of attorney's fees in the amount of $20,000.00 for the time period of November and December, 2004 is hereby granted. (gk, ) (Entered: 03/17/2005)

NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously asssigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge Margaret M. Morrow for all further proceedings. Case number will now read CV 75-4111 MMM. (rn, ) (Entered: 08/29/2005)

EX PARTE APPLICATION for Order of Permissive Intervention and to Dissove any Prison Conditions Injunction that May Exist Immediate Relief Requested filed by Proposed Intervenor M. Quintana. Lodged Proposed Order. (gk, ) (Entered: 09/01/2005)

NOTICE of Association of Counsel associating attorney Paul B. Beach of Franscell, Strickland, Roberts and Lawrence with Roger H. Granbo, Office of County Counsel, on behalf of Defendant Sherman Block. (gk, ) (Entered: 09/01/2005)

OPPOSITION to Ex Parte Application for Intervention and Dissolution of Injunction 31 filed by Plaintiff Dennis Rutherford. (gk, ) (Entered: 09/01/2005)

PRELIMINARY OPPOSITION to Non-Party M. Quintana's Ex Parte Application for an Order to Intervene in Case and to Dissolve Injunction 31 filed by Defendant Sherman Block; memorandum of points and authorities and declarations of Roger Granbo and Justin W. Clark in support thereof. (gk, ) (Entered: 09/01/2005)

DECLARATION of Mark Rosenbaum in Support of Plaintiffs' Opposition to Ex Parte Application for Intervention and Dissolution of Injunction 31 filed by Plaintiff Dennis Rutherford. (gk, ) (Entered: 09/01/2005)

THE MOST RECENT PRONOUNCEMENT from the Ninth Circuit on Injunctive Relief, in Connection with Intervenor's Application to Intervene, etc. 31 filed by Applicant/Intervenor M. Quintana. (gk, ) (Entered: 09/01/2005)

Substitution of Attorney filed. Substituting attorney Roger H. Granbo, on behalf of Defendant Sherman Block, in place and stead of Gary Miller by Judge Margaret M. Morrow.(gk, ) (Entered: 09/01/2005)

MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: Counsel are notified that the Ex Parte Application for Order of Permissive Intervention and to Dissolve any Prison Conditions Injunction that may Exist Immediate Relief Requested 31 is hereby denied. Court Reporter: None Present. (gk, ) (Entered: 09/01/2005)

PLACED IN FILE - NOT USED re Proposed ORder On Ex Parte Application for Order of Permissive Intervention and to Dissolve any Prison Conditions injunction that May exist submitted by Intervenor M Quintana. (yl, )

REPLY ON HIS INTENOR'S EX PARTE APPLICATION For Order of permissive Intervention and to Dissolve Any Prison Conditions Injunction that May Exist, on Issue of Mootness 31 filed by Intervenor M Quintana. (yl, ) (Entered: 09/13/2005)

REPLY ON HIS INTERVENOR'S EX PARTE APPLICATION for Order of Permissive Intervention and to Dissolve any Prison Conditions Injunction that May Exist 31 filed by Intervenor M Quintana. (yl, ) (Entered: 09/13/2005)

JOINT STIPULATION for Order re Attorney Fees in the amount of $20,000.00 for all efforts during the months of January and February, 2005; declaration of Mark D. Rosen. Lodged Proposed Order. (gk, ) (Entered: 09/14/2005)

JOINT STIPULATION for Order re Attorney Fees in the amount of $20,000.00 for all efforts during the months of March and April, 2005; declaration of Mark D. Rosen. (gk, ) (Entered: 09/14/2005)

NOTICE OF APPEAL to 9th CCA filed by intervenor Martin Quintana. Appeal of Order 36 Filed On: 09/01/05; Entered On: 09/01/05. Filing fee $ 255. Billed. cc: Stephen Yagman; Mark Rosenbaum. (cbr, ) (Entered: 09/16/2005)

Civil Appeals Docketing Statement received from Martin Quintana forwarded to 9th CCA. RE: Appeal to Circuit Court 43 . (cbr, )

TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: None requested; Re: Appeal to Circuit Court 43 . (cbr, ) (Entered: 09/16/2005)

ORDER TRANSFERRING CIVIL ACTION pursuant to Section 3.1 of General Order 224. ORDER case transfered from Judge Margaret M. Morrow to the calendar of Judge Dean D. Pregerson for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 75-4111 DDP. Signed by Judge Margaret M. Morrow and Judge Dean D. Pregerson.(rn, ) (Entered: 09/13/2005)

CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court 43 filed by M Quintana. (cbr, ) (Entered: 09/20/2005)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court 43 . (cbr, )

ORDER RE ATTORNEY FEES by Judge Dean D. Pregerson: GOOD CAUSE APPEARING THEREFOR, an award of attorney fees in the amount of $20,000.00 for the time period of March and ?April, 2005 41 is hereby GRANTED. (jp, ) (Entered: 09/29/2005)

NOTIFICATION by Circuit Court of Appellate Docket Number 05-56402, 9TH CCA regarding Appeal to Circuit Court 43 filed by M Quintana. (sv) (Entered: 09/23/2005)

APPEAL FEE PAID: re Appeal to Circuit Court 43 ; Receipt Number: 78671 in the amount of $255. (cbr, )

NOTICE OF MOTION AND MOTION for Order of Permissive Intervention and to Dissolve Any Prison Conditions Injunction That May Exit filed by Proposed Intervenors S.A. Thomas, E.P. Gipson, M. Quintana, L. Mora, R. Costa, J. Lozada, and M. Hernandez, Motion set for hearing on 11/7/2005 at 10:00 AM before Honorable Dean D. Pregerson. (gk, ) (Entered: 10/17/2005)

EX PARTE APPLICATION for an Order Continuing the Hearing on Proposed Intervenors' Motion for Permissive Intervention and to Dissolve Injunction 48 and Extending the Deadline for Defendants to File an Opposition Thereto filed by Defendants Sherman Block, et al.; memorandum of points and authorities and declaration of Justin W. Clark in support thereof. Lodged Proposed Order. (gk, ) (Entered: 10/18/2005)

OPPOSITION to EX PARTE APPLICATION to take off calendar or to Continue Intervenors' Motion for Order of Permissive Intervention and to Dissolve any prison conditions injunction that may exists 49 filed by proposed intervenors M Quintana, E P Gipson, M Hernandez, J Lozada, S A Thomas. (ca, ) (Entered: 10/19/2005)

EX PARTE APPLICATION for an Order to extend time to respond to proposed intervenors motion to intervene and dissolve the injunction and to reschedule the hearing filed by plaintiffs Dennis Rutherford. Ex Parte Application set for hearing on 10/31/2005 at 10:00 AM before Honorable Dean D. Pregerson. Lodged Proposed Order. (ca, ) (Entered: 10/19/2005)

MEMORANDUM of Points and Authorities in Support of EX PARTE APPLICATION for an Order to extend time to respond to proposed intervenors motion to intervene and dissolve the injunction and to reschedule the hearing on the motion 52 filed by plaintiff Dennis Rutherford. (ca, ) (Entered: 10/19/2005)

DECLARATIONS of Peter Eliasberg and Jody Kent in support of EX PARTE APPLICATION for an Order to extend time to respond to proposed intervenors motion to intervene and dissolve the injunction and to reschedule the hearing 52 filed by plaintiff Dennis Rutherford. (ca, ) (Entered: 10/19/2005)

OPPOSITION to plaintiffs ex parte application to take off calendar or to continue intervenors MOTION for order of permissive Intervention and to dissove any prison conditions injunction that may exist. 48 filed by proposed intervenors M Quintana, R Costa, E P Gipson, M Hernandez, S A Thomas. (yc, ) (Entered: 10/19/2005)

ORDER by Judge Dean D. Pregerson that Defendants' Ex Parte Application for an Order Continuing the Hearing on Proposed Intervenors' Motion for Permissive Intervention and to Dissolve Injunction and Extending the Deadline for Defendants to File an Opposition Thereto 49 is granted. Resetting Hearing and Deadlines as to Motion for Order of Permissive Intervention and to Dissolve Any Prison Conditions Injunction That May Exit 48, Motion set for hearing on 11/14/2005 at 10:00 AM before Honorable Dean D. Pregerson. Defendants Opposition to Motion due 10/31/2005. Proposed Intervenors to file any Reply by 11/7/2005. (gk, ) (Entered: 10/18/2005)

Joint Report of The Prties to the Court Regarding Meet and Confer Discussions to Existing Injunction Regarding Bed filed by Plaintiff Dennis Rutherford. (yl, ) (Entered: 10/25/2005)

OPPOSITION to Proposed Intervenors MOTION for Order for to Dissolve Any Prison Conditions Injunction That May Exit 48 filed by defendant Sherman Block. (jp, ) (Entered: 11/02/2005)

MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to Proposed Intervenors MOTION to Intervene and Dissolve the injunction 48 filed by plaintiff Dennis Rutherford. (jp, ) (Entered: 11/02/2005)

DECLARATION of JODY KENT in Oppositiont to Proposed Intervenors MOTION to Intervene and Dissolve the Injunction 48 filed by plaintiff Dennis Rutherford. (jp, ) (Entered: 11/02/2005)

AMENDED PROOF OF SERVICE of MEMORANDUM OF POINTS AND AUTHORITIES in Oppositiont to Proposed Intervenors MOTION to Intervene and Dissolve the Injunction 58, Declaration of JODY KENT in Oppositiont to Proposed Intervenors MOTION to Intervene and Dissolve the Injunction 59, was served on 10/31/2005 filed by plaintiff Dennis Rutherford. (jp, ) (Entered: 11/03/2005)

MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: On the Court's own motion, the Motion for Order of Permissive Intervention and to Dissolve Any Prison Conditions Injunction That May Exist 48 set for hearing 11/14/2005 at 10:00 AM is hereby vacated. Court Reporter: None Present. (gk, ) (Entered: 11/08/2005)

Notice of Withdrawal Without Prejudice of MOTION for Order of Permissive Intervention and to Dissolve Any Prison Conditions Injunction That May Exit 48 filed by intervenors R Costa, E P Gipson, J Lozada, L Mora, S A Thomas. (jp, ) (Entered: 11/16/2005)

CONFIDENTIAL JOINT STATUS REPORT Re Settlement filed by Plaintiffs and Defendants. (gk, ) (Entered: 11/16/2005)

ORDER by Judge Dean D. Pregerson,The parties agree that the Rutherford injunction, as modified herein, shall be applicable to this action as set forth below.INJUNCTION(1)Every inmate kept overnight in the jail will be accorded a mattress and a bunk upon which to sleep.(2)"Bunk" shall be as defined at Section 1272 ("Mattresses") of Title 15 of the California Code of Regulations and Section 470A.3.5("Beds") of Title 24 of the California Code of Regulations.(3)All bunks shall be supplied with full bedding. Bedding shall mean the Standard Bedding and Linen Issue as set forth in Title 15 at Section 1270 of the California Code of Regulations.(4)The defendants may not house an inmate on a bunk in the freeways in the Men's Central Jail.(5)Inmates shall not be housed in any area where there is not reasonably close access to toilets.(6)In the event an inmate is not accorded a mattress and bunk upon which to sleep, for each such inmate, the defendants shall record that fact on a form. This form shall be entitled Record of Inmate Without A Bunk. This form shall contain the following information:A)the inmate's name;B)the inmate's booking number;C)the date; and,D) the reason. This form shall be prepared for each inmate on the night on which the inmate was not accorded a mattress and bunk upon which to sleep. The forms shall be accessible to counsel for plaintiffs contemporaneously at the jail facilities and provided by defendants to counsel for plaintiffs and counsel for plaintiffs in the Thomas matter every 30 to 60 days.(7)In addition, the defendants shall provide counsel for plaintiffs via e-mail on a daily basis a summary of the total number of inmates who have been kept overnight without a mattress and a bunk upon which to sleep.(8)Nothing in this injunction is intended to establish a constitutional standard. The parties do not waive their right to assert a different standard or standards in any later proceedings.(jc, ) (Entered: 11/18/2005)

JOINT STIPULATION for Order Re Attorney Fees in the amount of $20,000.00 for all efforts during the months of May and June, 2005; declaration of Mark D. Rosenbaum. Lodged Proposed Order. (gk, ) (Entered: 12/06/2005)

JOINT STIPULATION for Order Re Attorney Fees in the amount of $20,000.00 for all efforts during the months of July and August, 2005; declaration of Mark D. Rosenbaum. Lodged Proposed Order. (gk, ) (Entered: 12/06/2005)

JOINT STIPULATION for Order Re Attorney Fees in the amount of $20,000.00 for all efforts during the months of September and October, 2005; declaration of Mark D. Rosenbaum. Lodged Proposed Order. (gk, ) (Entered: 12/06/2005)

ORDER RE ATTORNEY FEES by Judge Dean D. Pregerson: An Award of Attorney Fees in the amount of $20,000.00 for the time period of May and June, 2005 65 is hereby granted. (gk, ) (Entered: 12/09/2005)

ORDER RE ATTORNEY FEES by Judge Dean D. Pregerson: An Award of Attorney Fees in the amount of $20,000.00 for the time period of July andAugust, 2005 66 is hereby granted.(gk, ) (Entered: 12/09/2005)