Civil Rights Litigation Clearinghouse

Case: Clark v. California

3:96-cv-01486 | U.S. District Court for the Northern District of California

Filed Date: April 22, 1996

Case Ongoing

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Case Summary

On April 22, 1996, two prisoners with developmental disabilities, incarcerated within facilities run by the California Department of Corrections (CDC), filed a class action lawsuit in the U.S. District Court for the Northern District of California under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the Rehabilitation Act (RA), against the State of California, its Governor, CDC and prison officials. The plaintiffs, represented by the Prison Law Office, the Disability Rights and Education Defense Fund, and private counsel, asked the court for declaratory, injunctive, and monetary relief, alleging that the defendants violated their rights under the Equal Protection Clause, Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. Specifically, the plaintiffs claimed that the defendants discriminated against them because of their disabilities, that their living conditions constituted cruel and unusual punishment, and that the defendants had deprived them of due process. The plaintiffs alleged that the defendants’ practice of confining prisoners with developmental disabilities in state prisons without offering sufficient protection from the general prison population was cruel and unusual punishment. Additionally, the plaintiffs alleged that the defendants failed to provide accommodations required to allow the plaintiffs the same benefits and program participation opportunities afforded to non-developmentally disabled prisoners.

On October 1, 1996, Judge Fern M. Smith denied the defendants' motions to dismiss the Rehabilitation Act, ADA, equal protection and Eighth Amendment claims and granted, in part, the defendants' motion to dismiss the due process claims, allowing the plaintiffs to amend their complaint with respect to the due process claim. The defendants appealed. Clark v. State, 1996 WL 628221 (N.D. Cal. Oct. 1, 1996).

On February 26, 1997, Judge Smith certified a class consisting of all present and future individuals with developmental disabilities under the control of the CDC. In January 1998, the plaintiffs filed an amended complaint adding additional plaintiffs. Extensive discovery followed.

On May 11, 1998, Judge Smith granted in part and denied in part the State defendants' motion for summary judgment. Judge Smith granted summary judgment on and dismissed the equal protection claims, and denied motions with respect to exhaustion of administrative and state remedies as well as for standing. Judge Smith also denied the defendants' motion to decertify the class. Clark v. State of Calif., 1998 WL 242688 (N.D. Cal. May 11, 1998).

Prior to the scheduled trial date, the parties engaged in negotiations under the supervision of Judge Eugene Lynch. The negotiations resulted in an interim agreement and stipulation that was filed on July 20, 1998. The interim agreement provided for, among other things, improved education, vocational programs, medical care, housing, and staff assistance for inmates with developmental disabilities. This plan was subject to negotiations between the parties and evaluation by court appointed experts.

On August 18, 1998, Judge Smith appointed Peter Leone, Ph.D., and Melissa G. Warren, Ph.D. to be the court's experts to evaluate the defendants' compliance with the agreement, and filed a settlement agreement, implementing the interim agreement subject to monitoring by the plaintiffs' counsel and evaluation by the court's experts.

On October 9, 1998, Judge Smith entered judgment in favor of the plaintiffs in the amount of $2.8 million for attorneys' fees for all work performed before the execution of the interim agreement and stipulation.

Between December 1999 and February 2002, other district court Judges Charles R. Breyer and Phyllis J. Hamilton approved various amendments to the settlement agreement. In March 2002, the CDC issued a comprehensive remedial plan which was adopted by the court. The remedial plan included detailed policies and procedures to assure identification, appropriate classification, housing, protection and nondiscrimination of prisoners/parolees with developmental disabilities.

On December 3, 2001, the parties signed a settlement agreement granting relief to the plaintiff class. The defendants admitted "that they [had] violated the federal rights of plaintiffs in a manner sufficient to warrant the relief contained herein." Implementation and modifications to the 2002 remedial plan continued through 2007.

In July 2009 the defendants filed a motion to terminate the settlement agreement, pursuant to the Prison Litigation Reform Act and Fed. R. Civ. Pro. 60(b). The defendants declared that they were no longer violating the federal rights of prisoners with developmental disabilities, and that continued relief was no longer necessary because of these violations. On August 13, 2009, the plaintiffs filed a motion to enforce judgment. There was no dispute as to the utility of the settlement agreement and the Clark Remedial Plan. What was in dispute, however, was whether the order requiring compliance with the plan, including monitoring by the plaintiffs' counsel and the court's experts, was necessary. Investigating this issue, one of the court's experts conducted a review of the treatment of developmentally disabled prisoners and found that developmentally disabled inmates did not receive the protections and supports as described in the Clark Remedial Plan.

On September 16, 2010, the District Court denied in part and granted in part the defendants' motion for relief. The court also granted in part and denied in part the plaintiffs' motion for further relief. The court found termination of the entire settlement agreement unwarranted because ongoing violations of federal constitutional and statutory rights supported the continuation of relief. However, not all of the provisions of the settlement agreement were sufficiently narrowly drawn to meet the standards of the Prison Litigation Report Act (PLRA), so these provisions were terminated. In addition to upholding the majority of the settlement agreement, the court issued further remedial orders including staff training, better identification of class members by the defendants, and self-monitoring by the Defendants on their progress. Clark v. California, 739 F. Supp. 2d 1168 (N.D. Cal. 2010). On December 29, 2010, the court granted the plaintiffs' attorneys an additional $2.3 million in fees.

On December 16, 2015, the court agreed to a revision of the Remedial Plan. The revision eliminated the need for a post-rules violation consultation between the Chief Disciplinary Officer and the Developmental Disability Program clinician. Instead, the parties agreed to adopt the rules violation process developed in the case Coleman v. Brown. This process called for standardized mental health assessments.

As of January 2020, the settlement agreement was still in place and monitoring was ongoing.

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Summary Authors

David Priddy (7/17/2011)

Jessica Kincaid (7/15/2014)

Hope Brinn (11/3/2018)

Emma Himes (11/27/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5874830/parties/clark-v-state-of-california/

Judge(s)

Breyer, Charles R. (California)

Smith, Fern M. (California)

Vadas, Nandor J. (California)

Attorneys(s) for Plaintiff

Chavez, Mark A. (California)

Godbold, Penny (California)

Hanson, Shawn A. (California)

Lipton, Diane (California)

MacKay, Heather (California)

Mayerson, Arlene Brynne (California)

Mitchell, Caroline N. (California)

Judge(s)

Breyer, Charles R. (California)

Smith, Fern M. (California)

Vadas, Nandor J. (California)

Attorneys(s) for Plaintiff

Chavez, Mark A. (California)

Godbold, Penny (California)

Hanson, Shawn A. (California)

Lipton, Diane (California)

MacKay, Heather (California)

Mayerson, Arlene Brynne (California)

Mitchell, Caroline N. (California)

Norman, Sara Linda (California)

Roberts, Douglas (California)

Sak, Adam E. (California)

Schonfeld, Zoe (California)

Specter, Donald H. (California)

Attorneys(s) for Defendant

Alexander, Elizabeth R. (District of Columbia)

Garske, Sharon Anne (California)

Jenkins, William (California)

Mather, Scott C. (California)

Mossler, Julianne (California)

O'Bannon, Danielle Felice (California)

Quinn, Michael James (California)

Rhoan, Erick Joseph (California)

Siggins, Peter J. (California)

Zelidon-Zepeda, Jose Alfonso (California)

Expert/Monitor/Master

Leone, Peter E. (Maryland)

Subia, Richard J. (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:96-cv-01486	Docket [PACER] Clark v. State of California	May 14, 2018	May 14, 2018 Docket
26 3:96-cv-01486	Order Denying in Part, Granting in Part, Defendants' Motion to Dismiss Clark v. Wilson 1996 WL 628221	Oct. 1, 1996	Oct. 1, 1996 Order/Opinion
67-1 3:96-cv-01486	Second Amended Class Action Complaint for Violations of the Rehabilitation Act, the Americans with Disabilities Act, the Individuals with Disabilities Education Act and Under S1983 for Violations of the Eighth and Fourteenth Amendments Clark v. State of California	Jan. 15, 1998	Jan. 15, 1998 Complaint
141 3:96-cv-01486	Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment Clark v. Wilson 1998 WL 242688	May 11, 1998	May 11, 1998 Order/Opinion
181 3:96-cv-01486	Interim Agreement and Stipulation; Order Appointing Experts and Prescribing Duties Clark v. State of California	July 20, 1998	July 20, 1998 Settlement Agreement
194 3:96-cv-01486	Settlement Agreement and Order Clark v. State of California	Dec. 3, 2001	Dec. 3, 2001 Settlement Agreement
3:96-cv-01486	Remedial Plan Clark v. Wilson	March 1, 2002	March 1, 2002 Settlement Agreement
493-4 3:96-cv-01486	On the Status of Inmates with Developmental Disabilities In the California Department of Corrections and Rehabilitation 2010 WL 4268116	Feb. 15, 2010	Feb. 15, 2010 Monitor/Expert/Receiver Report
489-1 3:96-cv-01486	July 2010 Report of Division of Adult Institution's Leone Report Review Team 2010 WL 4268115	July 23, 2010	July 23, 2010 Monitor/Expert/Receiver Report
493 3:96-cv-01486	Plaintiffs' Response to Defendants' Surreply 2010 WL 4229736	Aug. 13, 2010	Aug. 13, 2010 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Plata v. Brown and Realignment: Jails, Prisons, Courts, and Politics Margo Schlanger	This Article explores pertinent features of the relevant legal and political ecosystem in which California shrank its prison population. Informed by court documents, state reports and policy papers,…	Dec. 1, 2013	Dec. 1, 2013 http://harvardcrcl.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5874830/clark-v-state-of-california/

Last updated June 7, 2022, 3:06 a.m.

ECF Number	Description	Date	Link Date / Link
202	MOTION for Leave to File Excess Pages Defendants' Motion for Administrative Relief to Exceed Page Limitations filed by State of California. (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
203	Declaration of Jose Zelidon-Zepeda in Support of 202 MOTION for Leave to File Excess Pages Defendants' Motion for Administrative Relief to Exceed Page Limitations filed byState of California. (Related document(s) 202 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
204	Proposed Order Granting Defendants' Motion for Administrative Relief to Exceed Page Limitations by State of California. (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
205	First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed by State of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009) 1 Signature Page (Declarations/Stipulations) Certificate of Service View on PACER	July 24, 2009	July 24, 2009 PACER
206	Brief re 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities Defendants' Statement of Facts in Support of Defendants' Motion to Terminate Settlement Agreement filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
207	Declaration of Deborah K. Johnson in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
208	Declaration of Richard Juarez in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
209	Declaration of S. AREF in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
210	Declaration of Richard Baughman in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
211	Declaration of Robert Keldgord in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
212	Declaration of Dr. Donald Salz in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
213	Declaration of Yolanda Martinez in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
214	Declaration of Mellie Briggs in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
215	Declaration of Michael Mayes in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
216	Declaration of John Schmidt-Clark in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
217	Declaration of Fred Schroeder in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
218	Declaration of Gene Nies in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
219	Declaration of Prescott Bush in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
220	Declaration of Larry Trexler in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
221	Declaration of Richard Valdez in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
222	Declaration of Robert Vella in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
223	Declaration of Patrick Cochran in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
224	Declaration of Cornelio Ynson in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
225	Declaration of Jose A. Zelidon-Zepeda in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Attachments: # 1 Exhibit 1)(Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009) 1 Exhibit 1 View on PACER	July 24, 2009	July 24, 2009 PACER
226	Declaration of Matthew Nimrod in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
227	Declaration of Daniel Paramo in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
228	Declaration of Gloria Colmenero in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
229	Declaration of Michael Payton in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
230	Declaration of Joseph PrudHomme in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
231	Declaration of D.J. Renauld in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
232	Declaration of Carlos Rouston in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
233	Declaration of Carolyn Cooper in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
234	Declaration of Vincent Cullen in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
235	Declaration of David Huddleston in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
236	Declaration of Richard Delgado in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
237	Declaration of Alexander Gonzales in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
238	Declaration of Ron Hansen in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
239	Declaration of William Hill in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
240	Declaration of Lonnie Jackson in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
241	Proposed Order re 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities by State of California. (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)	July 24, 2009	July 24, 2009 PACER
242	Declaration of JOE GONZALEZ in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/27/2009) (Entered: 07/27/2009)	July 27, 2009	July 27, 2009 PACER
243	ORDER GRANTING DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF TO EXCEED PAGE LIMITATIONS by Judge Charles R. Breyer; granting 202 Motion for Leave to File Excess Pages. (ls, COURT STAFF) (Filed on 7/30/2009) (Entered: 07/30/2009)	July 30, 2009	July 30, 2009 PACER
244	Memorandum in Opposition re 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byDerrick Clark. (Norman, Sara) (Filed on 8/7/2009) (Entered: 08/07/2009)	Aug. 7, 2009	Aug. 7, 2009 PACER
245	AFFIDAVIT in Opposition to Defendants' Motion to Terminate Settlement Agreement filed byDerrick Clark. (Norman, Sara) (Filed on 8/7/2009) (Entered: 08/07/2009)	Aug. 7, 2009	Aug. 7, 2009 PACER
246	Declaration of Susan Christian in Support of 244 Memorandum in Opposition to Defendants' Motion to Terminate Settlement Agreement filed byDerrick Clark. (Related document(s) 244 ) (Norman, Sara) (Filed on 8/7/2009) (Entered: 08/07/2009)	Aug. 7, 2009	Aug. 7, 2009 PACER
247	MOTION for Leave to File Excess Pages filed by Derrick Clark. Motion Hearing set for 8/28/2009 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Norman, Sara) (Filed on 8/10/2009) (Entered: 08/10/2009) 1 Proposed Order View on PACER	Aug. 10, 2009	Aug. 10, 2009 PACER
248	MOTION for Protective Order ; MEMORANDUM OF POINTS AND AUTHORITIES filed by State of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 8/11/2009) (Entered: 08/11/2009) 1 Signature Page (Declarations/Stipulations) Certificate of Service View on PACER	Aug. 11, 2009	Aug. 11, 2009 PACER
249	STIPULATION re 248 MOTION for Protective Order ; MEMORANDUM OF POINTS AND AUTHORITIES by State of California. (Zelidon-Zepeda, Jose) (Filed on 8/11/2009) (Entered: 08/11/2009)	Aug. 11, 2009	Aug. 11, 2009 PACER
250	Declaration of JOSE A. ZELIDON-ZEPEDA in Support of 248 MOTION for Protective Order ; MEMORANDUM OF POINTS AND AUTHORITIES filed byState of California. (Related document(s) 248 ) (Zelidon-Zepeda, Jose) (Filed on 8/11/2009) (Entered: 08/11/2009)	Aug. 11, 2009	Aug. 11, 2009 PACER
251	Proposed Order re 248 MOTION for Protective Order ; MEMORANDUM OF POINTS AND AUTHORITIES by State of California. (Zelidon-Zepeda, Jose) (Filed on 8/11/2009) (Entered: 08/11/2009)	Aug. 11, 2009	Aug. 11, 2009 PACER
252	MOTION to Enforce Judgment filed by Derrick Clark. (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009)	Aug. 13, 2009	Aug. 13, 2009 PACER
253	Declaration of Sara Norman in Support of 252 MOTION to Enforce Judgment filed byDerrick Clark. (Attachments: # 1 Exhibit)(Related document(s) 252 ) (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009) 1 Exhibit View on PACER	Aug. 13, 2009	Aug. 13, 2009 PACER
254	Declaration of Penny Godbold in Support of 252 MOTION to Enforce Judgment filed byDerrick Clark. (Attachments: # 1 Exhibit)(Related document(s) 252 ) (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009) 1 Exhibit View on PACER	Aug. 13, 2009	Aug. 13, 2009 PACER
255	Proposed Order re 252 MOTION to Enforce Judgment by Derrick Clark. (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009)	Aug. 13, 2009	Aug. 13, 2009 PACER
256	MOTION to Shorten Time filed by Derrick Clark. (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009)	Aug. 13, 2009	Aug. 13, 2009 PACER
257	Declaration of Zoe Schonfeld in Support of 256 MOTION to Shorten Time filed byDerrick Clark. (Related document(s) 256 ) (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009)	Aug. 13, 2009	Aug. 13, 2009 PACER
258	Proposed Order re 256 MOTION to Shorten Time by Derrick Clark. (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009)	Aug. 13, 2009	Aug. 13, 2009 PACER
259	RESPONSE in Support re 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 8/14/2009) (Entered: 08/14/2009) 1 Signature Page (Declarations/Stipulations) Certificate of Service View on PACER	Aug. 14, 2009	Aug. 14, 2009 PACER
260	Declaration of JOSE A. ZELIDON-ZEPEDA in Support of 259 Response in Support, filed byState of California. (Attachments: # 1 Exhibit 2)(Related document(s) 259 ) (Zelidon-Zepeda, Jose) (Filed on 8/14/2009) (Entered: 08/14/2009) 1 Exhibit 2 View on PACER	Aug. 14, 2009	Aug. 14, 2009 PACER
261	Memorandum in Opposition to Defendants' Motion for a Protective Order filed byDerrick Clark. (Norman, Sara) (Filed on 8/17/2009) (Entered: 08/17/2009)	Aug. 17, 2009	Aug. 17, 2009 PACER
262	AFFIDAVIT in Opposition to Defendants' Motion for a Protective Order filed byDerrick Clark. (Norman, Sara) (Filed on 8/17/2009) (Entered: 08/17/2009)	Aug. 17, 2009	Aug. 17, 2009 PACER
263	ORDER by Judge Charles R. Breyer granting 256 Motion to Shorten Time (be, COURT STAFF) (Filed on 8/17/2009) (Entered: 08/17/2009)	Aug. 17, 2009	Aug. 17, 2009 PACER
264	CLERKS NOTICE Continuing Motion Hearing Motion Hearing reset for 9/4/2009 10:00 AM. (be, COURT STAFF) (Filed on 8/17/2009) (Entered: 08/17/2009)	Aug. 17, 2009	Aug. 17, 2009 PACER
265	ORDER by Judge Charles R. Breyer granting 247 Motion for Leave to File Excess Pages (be, COURT STAFF) (Filed on 8/17/2009) (Entered: 08/17/2009)	Aug. 17, 2009	Aug. 17, 2009 PACER
266	Memorandum in Opposition re 252 MOTION to Enforce Judgment filed byState of California. (Zelidon-Zepeda, Jose) (Filed on 8/19/2009) (Entered: 08/19/2009)	Aug. 19, 2009	Aug. 19, 2009 PACER
267	CERTIFICATE OF SERVICE by State of California re 266 Memorandum in Opposition (Zelidon-Zepeda, Jose) (Filed on 8/19/2009) (Entered: 08/19/2009)	Aug. 19, 2009	Aug. 19, 2009 PACER
268	Declaration of JIM BLEVINS in Support of 266 Memorandum in Opposition filed byState of California. (Related document(s) 266 ) (Zelidon-Zepeda, Jose) (Filed on 8/19/2009) (Entered: 08/19/2009)	Aug. 19, 2009	Aug. 19, 2009 PACER
269	Proposed Order re 266 Memorandum in Opposition by State of California. (Zelidon-Zepeda, Jose) (Filed on 8/19/2009) (Entered: 08/19/2009)	Aug. 19, 2009	Aug. 19, 2009 PACER
270	ORDER by Judge Charles R. Breyer granting 248 Motion for Protective Order; denying 252 Motion to Enforce Judgment (crblc2, COURT STAFF) (Filed on 8/21/2009) (Entered: 08/21/2009)	Aug. 21, 2009	Aug. 21, 2009 PACER
271	ORDER REASSIGNING CASE. Case reassigned to Hon. Charles R. Breyer for all further proceedings. Hon. Fern M Smith no longer assigned to the case. Signed by Executive Committee on 9/3/09. (ha, COURT STAFF) (Filed on 9/3/2009) (Entered: 09/03/2009)	Sept. 3, 2009	Sept. 3, 2009 PACER
272	MOTION for Leave to File Supplementary Authority filed by Derrick Clark. Motion Hearing set for 9/4/2009 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order, # 2 Affidavit)(Norman, Sara) (Filed on 9/3/2009) (Entered: 09/03/2009) 1 Proposed Order View on PACER 2 Affidavit View on PACER	Sept. 3, 2009	Sept. 3, 2009 PACER
273	Memorandum in Opposition re 272 MOTION for Leave to File Supplementary Authority filed byState of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 9/3/2009) (Entered: 09/03/2009) 1 Signature Page (Declarations/Stipulations) Certificate of Service View on PACER	Sept. 3, 2009	Sept. 3, 2009 PACER
274	Minute Entry: Motion Hearing held on 9/4/2009 before Charles R. Breyer (Date Filed: 9/4/2009) re 205 First MOTION to Set Aside SETTLEMENT AGREEMENT Further Case Management Conference set for 9/18/2009 08:30 AM in Courtroom 8, 19th Floor, San Francisco. (Court Reporter James Yeomans.) (be, COURT STAFF) (Date Filed: 9/4/2009) (Entered: 09/04/2009)	Sept. 4, 2009	Sept. 4, 2009 PACER
275	Transcript of Proceedings held on 09/04/09, before Judge Charles R. Breyer. Court Reporter/Transcriber James Yeomans, Telephone number (415) 863-5179. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/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. Release of Transcript Restriction set for 12/7/2009. (jjy, COURT STAFF) (Filed on 9/10/2009) (Entered: 09/10/2009)	Sept. 10, 2009	Sept. 10, 2009 PACER
276	Proposed Order LIFTING STAY OF DISCOVERY; DISCOVERY PLAN by State of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 9/17/2009) (Entered: 09/17/2009) 1 Signature Page (Declarations/Stipulations) Certificate of Service View on PACER	Sept. 17, 2009	Sept. 17, 2009 PACER
277	AMENDED DOCUMENT by State of California. Amendment to 276 Proposed Order AMENDED [Proposed] Order Lifting Stay of Discovery; Discovery Plan. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 9/18/2009) (Entered: 09/18/2009) 1 Signature Page (Declarations/Stipulations) Certificate of Service View on PACER	Sept. 18, 2009	Sept. 18, 2009 PACER
278	Minute Entry: Further Case Management Conference held on 9/18/2009 before Charles R. Breyer (Date Filed: 9/18/2009). Hearing set for 11/12/2009 02:30 PM in Courtroom 8, 19th Floor, San Francisco. Evidentiary Hearing set for 11/19/2009 09:30 AM in Courtroom 8, 19th Floor, San Francisco. (Court Reporter - Not Reported.) Nandor J. Vadas as Special Master for discovery. (be, COURT STAFF) (Date Filed: 9/18/2009) (Entered: 09/18/2009)	Sept. 18, 2009	Sept. 18, 2009 PACER
279	AMENDED MINUTES to 278 Minute Entry: Further Case Management Conference held on 9/18/2009 before Charles R. Breyer (be, COURT STAFF) (Filed on 10/6/2009) (Entered: 10/06/2009)	Oct. 6, 2009	Oct. 6, 2009 PACER
280	ORDER LIFTING STAY OF DISCOVERY; DISCOVERY PLAN. Signed by Judge Charles R. Breyer on 10/05/09. (be, COURT STAFF) (Filed on 10/6/2009) (Entered: 10/06/2009)	Oct. 6, 2009	Oct. 6, 2009 PACER
	Set/Reset Hearings: Pre Evidentiary Hearing set for 1/12/2010 02:30 PM in Courtroom 8, 19th Floor, San Francisco. Evidentiary Hearing set for 1/19/2010 09:30 AM in Courtroom 8, 19th Floor, San Francisco. (be, COURT STAFF) (Filed on 10/6/2009)	Oct. 6, 2009	Oct. 6, 2009 PACER
281	Minute Entry: Discovery Hearing held on 10/21/2009 before Nandor J. Vadas by phone; further hearing set for November 6, 2009 at 2:00 p.m. in San Francisco (Date Filed: 10/21/2009). () (glm, COURT STAFF) (Date Filed: 10/21/2009) (Entered: 10/21/2009)	Oct. 21, 2009	Oct. 21, 2009 PACER
	Set/Reset Hearings: Discovery Hearing set for 11/6/2009 02:00 PM. (mcl, COURT STAFF)	Oct. 21, 2009	Oct. 21, 2009 PACER
282	MOTION to Quash filed by Derrick Clark, Larry Dixon, Jr, Mark Mitchell Morino, Milton Silva, Jack Von Gunten, Ambrose Woods. (Mitchell, Caroline) (Filed on 11/16/2009) (Entered: 11/16/2009)	Nov. 16, 2009	Nov. 16, 2009 PACER
283	Declaration of Douglas E. Roberts in Support of 282 MOTION to Quash filed byDerrick Clark, Larry Dixon, Jr, Mark Mitchell Morino, Milton Silva, Jack Von Gunten, Ambrose Woods. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Related document(s) 282 ) (Mitchell, Caroline) (Filed on 11/16/2009) (Entered: 11/16/2009) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER	Nov. 16, 2009	Nov. 16, 2009 PACER
284	ORDER setting scheduling. Signed by Judge Nandor J. Vadas on 11/23/09. (glm, COURT STAFF) (Filed on 11/23/2009) (Entered: 11/23/2009)	Nov. 23, 2009	Nov. 23, 2009 RECAP
285	Memorandum in Opposition re 282 MOTION to Quash DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO QUASH filed byState of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Mossler, Julianne) (Filed on 11/23/2009) (Entered: 11/23/2009) 1 Signature Page (Declarations/Stipulations) Certificate of Service View on PACER	Nov. 23, 2009	Nov. 23, 2009 PACER
286	DECLARATION of Mossler in Opposition to 282 MOTION to Quash DECLARATION OF MOSSLER IN OPPOSITION TO PLAINTIFFS MOTION TO QUASH filed byState of California. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 282 ) (Mossler, Julianne) (Filed on 11/23/2009) (Entered: 11/23/2009) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Nov. 23, 2009	Nov. 23, 2009 PACER
287	CLERKS NOTICE Discovery Hearing set for 12/18/2009 03:30 PM in Courtroom D, 15th Floor, San Francisco. (glm, COURT STAFF) (Filed on 11/30/2009) (Entered: 11/30/2009)	Nov. 30, 2009	Nov. 30, 2009 PACER
288	Letter from Jose A. Zelidon-Zepeda to Judge Vadas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 12/1/2009) (Entered: 12/01/2009) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Signature Page (Declarations/Stipulations) Certificate of Service View on PACER	Dec. 1, 2009	Dec. 1, 2009 PACER
289	Letter from Zoe Schonfeld to Judge Vadas. (Godbold, Penelope) (Filed on 12/1/2009) (Entered: 12/01/2009)	Dec. 1, 2009	Dec. 1, 2009 PACER
290	ORDER. Signed by Judge Nandor J. Vadas on 12/2/09. (glm, COURT STAFF) (Filed on 12/2/2009) (Entered: 12/02/2009)	Dec. 2, 2009	Dec. 2, 2009 RECAP
291	JOINT CASE MANAGEMENT STATEMENT filed by State of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 12/30/2009) (Entered: 12/30/2009) 1 Signature Page (Declarations/Stipulations) Certificate of Service View on PACER	Dec. 30, 2009	Dec. 30, 2009 PACER
292	CLERKS NOTICE Status Conference set for 1/5/2010 01:00 PM. by telephone (glm, COURT STAFF) (Filed on 1/4/2010) (Entered: 01/04/2010)	Jan. 4, 2010	Jan. 4, 2010 PACER
293	ORDER Granting Plaintiffs' Motion to Quash Defendants' Deposition Notices and Request for Production of Documents Served by Defendants on October 30, 2009 by Judge Nandor J. Vadas granting 282 Motion to Quash (glm, COURT STAFF) (Filed on 1/5/2010) (Entered: 01/05/2010)	Jan. 5, 2010	Jan. 5, 2010 PACER
294	Minute Entry: Status Conference held on 1/5/10. (Date Filed: 1/6/2010). (Tape #1:01-1:08.) (glm, COURT STAFF) (Date Filed: 1/6/2010) Modified on 1/7/2010 (mcl, COURT STAFF). (Entered: 01/06/2010)	Jan. 6, 2010	Jan. 6, 2010 PACER
295	SECOND DISCOVERY SCHEDULING ORDER. Signed by Judge Vadas on 1/7/2010. (cmw, COURT STAFF) (Filed on 1/7/2010) (Entered: 01/07/2010)	Jan. 7, 2010	Jan. 7, 2010 PACER
296	MOTION to Amend/Correct /Add Plaintiffs filed by Derrick Clark. Motion Hearing set for 2/19/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Schonfeld, Zoe) (Filed on 1/11/2010) (Entered: 01/11/2010)	Jan. 11, 2010	Jan. 11, 2010 PACER
297	Minute Entry: Status Conference held on 1/12/2010 before Charles R. Breyer (Date Filed: 1/12/2010), Motion Hearing held on 1/12/2010 before Charles R. Breyer (Date Filed: 1/12/2010) re 296 MOTION to Amend/Correct /Add Plaintiffs filed by Derrick Clark, ***Motions terminated: 296 MOTION to Amend/Correct /Add Plaintiffs filed by Derrick Clark.. Evidentiary Hearing set for 4/26/2010 09:30 AM in Courtroom 8, 19th Floor, San Francisco. Status Conference set for 4/2/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco. (Court Reporter Kathy Wyatt.) (be, COURT STAFF) (Date Filed: 1/12/2010) (Entered: 01/13/2010)	Jan. 12, 2010	Jan. 12, 2010 PACER
298	MOTION for Extension of Time to File REQUEST TO CHANGE DATE FOR EVIDENTIARY HEARING filed by State of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 1/26/2010) (Entered: 01/26/2010) 1 Signature Page (Declarations/Stipulations) Certificate of Service View on PACER	Jan. 26, 2010	Jan. 26, 2010 PACER
299	Declaration of Jose A. Zelidon-Zepeda in Support of 298 MOTION for Extension of Time to File REQUEST TO CHANGE DATE FOR EVIDENTIARY HEARING filed byState of California. (Related document(s) 298 ) (Zelidon-Zepeda, Jose) (Filed on 1/26/2010) (Entered: 01/26/2010)	Jan. 26, 2010	Jan. 26, 2010 PACER