Case: Gilmore v. State of California

3:66-cv-45878 | U.S. District Court for the Northern District of California

Filed Date: Oct. 27, 1966

Closed Date: 2015

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Case Summary

In 1966, Robert Gilmore, an inmate at San Quentin, brought this suit against the California Department of Corrections (CDC) in the U.S. District Court for the Northern District of California. The plaintiff alleged that policies regarding inmate access to law libraries, legal materials, and legal assistance violated his constitutional rights. The Gilmore case was consolidated with twenty-five other cases filed by inmates at facilities administered by the CDC. In 1970, the District Court issued a…

In 1970, the District Court issued an order enjoining the CDC from enforcing Prison Regulation 330.041, finding that it denied inmates reasonable access to the courts. Gilmore v. Lynch, 319 F.Supp. 105, (N.D.Cal.1970), on remand from, Gilmore v. Lynch, 400 F.2d 228, 231 (9th Cir.1968) (reversing district court's determination that case did not present substantial question of constitutional law requiring consideration by three-judge court under 28 U.S.C. § 2281). The U.S. Supreme Court affirmed in a summary opinion. Younger v. Gilmore, 404 U.S. 15 (1971). In 1972, the three-judge panel approved the defendants proposed new regulations and ordered that the regulations be adopted.

In 1976, the CDC filed a compliance memorandum with the District Court, detailing the modifications made to the prison libraries. In 1977, the District Court denied the plaintiffs leave to amend their complaint and ordered plaintiffs' counsel to prepare a final judgment in the matter.

Following negotiations on the issue of attorneys' fees, in 1979, the District Court awarded attorneys' fees to plaintiffs and ordered that the case be dismissed upon satisfaction of the payment of the fees. Six months later, the case was dismissed, subject to the right of plaintiffs to seek enforcement of the District Court's 1972 Order in the future.

There was no activity on the case for the next seventeen years.

In 1997, the defendants filed a motion under the Prison Litigation Reform Act (PLRA), to terminate the 1972 injunction. The plaintiffs opposed the motion, arguing that the termination provision of the PLRA was unconstitutional, or that the PLRA's termination requirements had not been met. On January 13, 1998, the District Court (Judge Susan Y. Illston) granted the defendants' motion for termination, finding that the PLRA provisions, as applied, were constitutional. The plaintiffs appealed.

On appeal, the Gilmore case was consolidated with the case Thompson v. Gomez. On April 4, 2000, the Court of Appeals for the Ninth Circuit reversed and remanded both cases. The Appellate Court (Judge Betty Binns Fletcher) held that the termination provision of the PLRA was constitutional but that both the Gilmore and Thompson District Courts should have taken evidence on the current circumstances at the prisons and examined the court record and the relief granted by the respective decrees in order to determine whether each was narrowly tailored and minimally intrusive, and should not have simply considered whether there were any explicit findings to this effect. Gilmore v. People of the State of California, 220 F.3d 987 (9th Cir. 2000). The Ninth Circuit remanded the case to the District Court.

After informal negotiations between the parties, the CDC recognized that it needed additional time to determine the efficacy of various options to provide adequate law library resources. As a result, in 2002 the CDC decided not to renew its motion to terminate the 1972 injunction. The parties continued to investigate the conditions in the prisons and the options for ensuring adequate law library access.

During this period, inmates filed individual motions alleging that the CDC was violating the 1972 injunction by providing inadequate access. For example, on March 15, 2007, class member Charles T. Davis filed a pro se motion for order to show cause for civil and criminal contempt. Davis' motion alleged that the defendants violated the decree. The plaintiff class's attorneys investigated Davis' allegations and determined that no further action from the court was necessary; the defendants concurred. Accordingly, on April 23, 2007, the court denied Davis' motion. The court also directed that all future Gilmore-related grievances and motions put forth by pro se inmates be resolved informally between class counsel and defense counsel, without court intervention, unless counsel reach an unresolvable conflict.

On October 30, 2009, the state again filed a motion to terminate the 1972 injunction under the Prison Litigation Reform Act. On December 29, 2009, the District Court (Judge Illston) denied the defendants' motion for a protective order and their motion to bifurcate the hearing on their motion to terminate the 1972 injunction. 2009 WL 5218049. After conducting discovery, however, the plaintiffs withdrew their opposition to the termination motion on April 12, 2010. Accordingly, on April 16, 2010, the District Court granted the defendants' motion to terminate the 1972 injunction. On June 29, 2010, the parties agreed that the defendants would pay $149,669 in attorneys' fees and costs.

After the case was dismissed, an individual inmate filed a motion for injunctive relief for contempt, complaining that he has been denied sufficient access to the prison law library, in particular the law computer. He sought a temporary injunction requiring the warden of California Medical Facility, where he was incarcerated, to provide him with law library and law computer access. On September 7, 2010, the District Court issued an order regarding his motion informing him that the case was closed and that he would have to file his own case. In addition, other inmates continued to file motions for contempt. The District Court repeatedly responded that the case had been dismissed and that the inmates had to pursue independent cases.

On February 11, 2015, another inmate wrote a letter to the court alleging that the defendants were again denying access to the law library and legal materials. He include copies of letters he had written to the Prison Law Office, the plaintiffs' counsel in this case, describing the problems. As of February 5, 2016, the court has not responded to this letter.

Summary Authors

Chris Sullivan (8/19/2005)

Jessica Kincaid (2/5/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5743295/parties/gilmore-v-people-of-california/

Judge(s)

Bright, Myron H. (North Dakota)

Chambers, Richard Harvey (Arizona)

Attorney for Plaintiff

Davis, Charles T. (California)

Attorney for Defendant

Crown, Allen Robert (California)

de Kercor, Dianne (California)

Judge(s)

Bright, Myron H. (North Dakota)

Chambers, Richard Harvey (Arizona)

Duniway, Benjamin Cushing (California)

Ely, Walter Raleigh Jr. (California)

Fletcher, Betty Binns (Washington)

Illston, Susan Yvonne (California)

Legge, Charles A. (California)

Merrill, Charles Merton (Nevada)

Thompson, David R. (California)

Wollenberg, Albert Charles (California)

Zirpoli, Alfonso Joseph (California)

Attorney for Plaintiff

Davis, Charles T. (California)

Halvonik, Paul (California)

Hardy, Alison (California)

Krause, Paul N. (California)

McClain, Damon Grant (California)

Specter, Donald H. (California)

Wahl, John (California)

Wisely, Willie (California)

Attorney for Defendant

Crown, Allen Robert (California)

de Kercor, Dianne (California)

DeKervor, Diane E. (California)

Granucci, Robert R. (California)

Lungren, Daniel E. (California)

Lynch, Thomas C. (California)

Nock, George (California)

Patterson, Thomas S. (California)

Roost, Kenneth (California)

Siggins, Peter J. (California)

Williamson, George H. (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:66-cv-45878	Docket (PACER) Gilmore v. People of California	Feb. 18, 2003	Feb. 18, 2003 Docket
3:66-cv-45878 07-16524	Docket [PACER] Gilmore v. People of California	Feb. 18, 2015	Feb. 18, 2015 Docket
68-22052	Opinion Gilmore v. Lynch U.S. Court of Appeals for the Ninth Circuit	Aug. 16, 1968	Aug. 16, 1968 Order/Opinion 400 F.2d 228
68-00626	Certiorari Denied Lynch v. Gilmore Supreme Court of the United States	Feb. 26, 1969	Feb. 26, 1969 Order/Opinion 393 U.S. 1092
3:66-cv-45878	Order Granting Relief Gilmore v. Lynch	May 28, 1970	May 28, 1970 Order/Opinion 319 F.Supp. 105
70-00582	[Probable jurisdiction decision deferred] Lynch v. Gilmore Supreme Court of the United States	Feb. 22, 1971	Feb. 22, 1971 Order/Opinion 401 U.S. 906
3:66-cv-45878	Order Denying Without Prejudice Motion to Strike Prayer for Damages Gilmore v. Lynch	April 1, 1971	April 1, 1971 Order/Opinion 330 F.Supp. 326
70-00009	Per Curiam Opinion Younger v. Gilmore Supreme Court of the United States	Nov. 8, 1971	Nov. 8, 1971 Order/Opinion 404 U.S. 15
3:66-cv-45878	Order Granting Defendants' Motion for Termination	Jan. 13, 1998	Jan. 13, 1998 Order/Opinion
98-15160 98-15198	Appellate Opinion U.S. Court of Appeals for the Ninth Circuit	April 4, 2000	April 4, 2000 Order/Opinion 220 F.3d 987

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Resources

Resources related to this case
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,…	Winter 2013	Dec. 1, 2013 https://clearinghouse-umich-production.s3.amazonaws.com/...
The Oyez Project, Younger v. Gilmore, 404 U.S. 15 (1971). Oyez Project	Information about the Supreme Court litigation in this case, including the written opinion and an audio recording of the oral argument.	Nov. 8, 1971	Nov. 8, 1971 http://www.oyez.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5743295/gilmore-v-people-of-california/

Last updated Oct. 29, 2026, 12:02 p.m.

Change selected docket

Docket for: Gilmore v. People of California

ECF Number	Date	Description	Link
174	Jan. 10, 2001	CLERK'S NOTICE case management conference set for 2:00 2/2/01 ; [3:66-cv-45878] (rcs, COURT STAFF) (ysS, COURT STAFF). (Entered: 11/30/2001)	RECAP
175	Jan. 29, 2001	STIPULATION and ORDER by Judge Susan Illston : continuing case management conference (cc: all counsel) [3:66-cv-45878] (rcs, COURT STAFF) (ysS, COURT STAFF). (Entered: 11/30/2001)	RECAP
176	Nov. 27, 2001	CLERK'S NOTICE Further case management conference conference set for 2:30 1/18/02 (counsel must file the joint case management conference statement one week prior to the conference; [3:66-cv-45878] (ys, COURT STAFF) (ysS, COURT STAFF). (Entered: 11/30/2001)	RECAP
	Jan. 8, 2002	RECEIVED Stipulation and request to continue case management conference submitted by defendant People of California [3:66-cv-45878] (ys, COURT STAFF)
	Jan. 8, 2002	RECEIVED Proposed Order continuing case management conference ( defendant People of California ) [3:66-cv-45878] (ys, COURT STAFF)
177	Jan. 9, 2002	STIPULATION and REQUEST to continue case management conference. [3:66-cv-45878] (ys, COURT STAFF) (ysS, COURT STAFF). (Entered: 01/10/2002)	RECAP
178	Jan. 9, 2002	ORDER by Judge Susan Illston Case management conference reset for 2:30 4/19/02 ; ( Date Entered: 1/10/02) (cc: all counsel) [3:66-cv-45878] (ys, COURT STAFF) (ysS, COURT STAFF). (Entered: 01/10/2002)	RECAP
179	March 20, 2002	CLERK'S NOTICE Initial case management conference reset for 2:30 5/3/02 ; [3:66-cv-45878] (ys, COURT STAFF) (ysS, COURT STAFF). (Entered: 03/21/2002)	RECAP
	April 15, 2002	RECEIVED Stipulation and request to take case management conference off calendar; proposed order submitted by defendant People of California [3:66-cv-45878] (ys, COURT STAFF)
180	April 16, 2002	STIPULATION and ORDER by Judge Susan Illston : to take case management conference off calendar ; dismissing case ; Counsel may schedule a further case management conference in the future ; appeal filing ddl 5/17/02 (cc: all counsel) [3:66-cv-45878] (ys, COURT STAFF) (ysS, COURT STAFF). (Entered: 04/17/2002)	RECAP
181	Aug. 7, 2002	COPY of USCA Order: The renewed motion of appellants for attorneys fees in the amount of $29,184.16 is granted. [3:66-cv-45878] (ys, COURT STAFF) (ysS, COURT STAFF). (Entered: 08/08/2002)	RECAP
182	Sept. 6, 2002	COPY of USCA Amended Order for attorneys fees: Attorneys fees in the amount of 23,229.05 is granted in the Gilmore matter and $29,184.16 in attorneys fees is granted in the Thompson matter. [3:66-cv-45878] (ys, COURT STAFF) (ysS, COURT STAFF). (Entered: 09/06/2002)	RECAP
183	Feb. 18, 2003	NOTICE of Change of Attorney Assigment by defendant People of California of attorney Thomas S. Patterson [3:66-cv-45878] (ys, COURT STAFF) (ysS, COURT STAFF). (Entered: 02/18/2003)	RECAP
184	July 12, 2005	MOTION before Judge Susan Illston for an Order to Show Cause re Contempt: Declaration of Willie Wisely by Willie Wisely. [3:66-cv-45878] (ys, COURT STAFF) (Additional attachment(s) added on 1/13/2016: # 1 envelop) (ysS, COURT STAFF). (Entered: 07/12/2005)	RECAP
185	Aug. 24, 2005	ORDER by Judge Susan Illston for Service of Process. The clerk to serve counsel for plaintiffs and counsel for defendants re Motion [184-1]. The Court further invites either party to comment on the standing question presented in the motion. The parties should file their responses on or before 9/23/05. ( Date Entered: 8/25/05) (cc: all counsel) [3:66-cv-45878] (ys, COURT STAFF) (ysS, COURT STAFF). (Entered: 08/25/2005)	RECAP
186	Sept. 23, 2005	RESPONSE by Plaintiff re order [185-1] [3:66-cv-45878] (ys, COURT STAFF) (ysS, COURT STAFF). (Entered: 09/23/2005)	RECAP
187	Sept. 23, 2005	Comment by defendant re [184-1] motion for an Order to Show Cause re Contempt: Declaration of Willie Wisely [3:66-cv-45878] (ys, COURT STAFF) (ysS, COURT STAFF). (Entered: 09/26/2005)	RECAP
188	Sept. 23, 2005	DECLARATION by Rob Churchill on behalf of defendant re Comment [187-1] [3:66-cv-45878] (ys, COURT STAFF) (ysS, COURT STAFF). (Entered: 09/26/2005)	RECAP
189	Jan. 23, 2006	MOTION for Hearing on Order to Show Cause re Contmpt; Declaration of Willie Wisely in support by Wilie Wisely . (ys, COURT STAFF) (Filed on 1/23/2006) (Additional attachment(s) added on 1/13/2016: # 1 envelop) (ysS, COURT STAFF). (Entered: 01/23/2006)	RECAP
190	Jan. 23, 2006	Ex Parte Motion for Transportation of Witnesses; Declaration of Willie Wisely. (ys, COURT STAFF) (Filed on 1/23/2006) (ysS, COURT STAFF). (Entered: 01/23/2006)	RECAP
191	Jan. 24, 2006	ORDER to show cause. Signed by Judge Illston on 1/23/06. (ts, COURT STAFF) (Filed on 1/24/2006) (Additional attachment(s) added on 1/13/2016: # 1 Order) (ysS, COURT STAFF). (Entered: 01/24/2006) 1 Order View on PACER	RECAP
192	Jan. 24, 2006	ORDER by Judge Susan Illston denying 189 Motion for Hearing, denying 190 Ex Parte Application. (ys, COURT STAFF) (Filed on 1/24/2006) (ysS, COURT STAFF). (Entered: 01/25/2006)	RECAP
193	March 9, 2006	Received Document Stipulation and proposed order re: request for an extension of time to file the joint report concerning findings regardings law library materials by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison, Willie Wisely. (ys, COURT STAFF) (Filed on 3/9/2006) (ysS, COURT STAFF). (Entered: 03/10/2006)	RECAP
194	March 9, 2006	Declaration of Edith Degraff in support of 195 plaintiffs' request for an extension of time to file joint report concerning findings regarding law library materials filed byRobert O. Gilmore, Jr, Inmates of San Quentin State Prison, Willie Wisely. (ys, COURT STAFF) (Filed on 3/9/2006) (ysS, COURT STAFF). (Entered: 03/10/2006)	RECAP
195	March 9, 2006	STIPULATION and Request for an extension of time to file the joint report concerning findings regarding law library materials by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison, Willie Wisely. (ys, COURT STAFF) (Filed on 3/9/2006) (ysS, COURT STAFF). (Entered: 03/10/2006)	RECAP
196	March 9, 2006	Declaration of Megan Hagler in Support of 195 Stipulation and Request filed byRobert O. Gilmore, Jr, Inmates of San Quentin State Prison, Willie Wisely. (Related document(s) 195 ) (ys, COURT STAFF) (Filed on 3/9/2006) (ysS, COURT STAFF). (Entered: 03/10/2006)	RECAP
	March 10, 2006	Received Document Stipulation and Proposed Order re: Status Conference. (ys, COURT STAFF) (Filed on 3/10/2006)
197	March 13, 2006	STIPULATION AND ORDER re Status Conference. Status Conference set for 4/14/06 at 2:30 p.m.. Signed by Judge Susan Illston on 3/13/6. (ys, COURT STAFF) (Filed on 3/13/2006) (ysS, COURT STAFF). (Entered: 03/14/2006)	RECAP
198	March 13, 2006	ORDER extending time to file the joint report concerning findings regarding law library materials to 3/31/06. Signed by Judge Susan Illston on 3/10/06. (ys, COURT STAFF) (Filed on 3/13/2006) (ysS, COURT STAFF). (Entered: 03/14/2006)	RECAP
	March 13, 2006	Set Deadlines/Hearings: Status Conference set for 4/14/2006 02:30 PM. (ys, COURT STAFF) (Filed on 3/13/2006)
199	March 14, 2006	ORDER : This case shall be referred to the Court's electronic filing program pursuant to General Order 45. Signed by Judge Susan Illston on 3/13/06. (ys, COURT STAFF) (Filed on 3/14/2006) (Entered: 03/14/2006)	RECAP
	March 14, 2006	CASE DESIGNATED for Electronic Filing. (ys, COURT STAFF) (Filed on 3/14/2006)
200	March 31, 2006	JOINT CASE MANAGEMENT STATEMENT JOINT STATUS CONFERENCE REPORT filed by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison. (Attachments: # 1 # 2)(Specter, Donald) (Filed on 3/31/2006) (Entered: 03/31/2006)	RECAP
201	March 31, 2006	CERTIFICATE OF SERVICE by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison re 200 Case Management Statement (Joint) (Specter, Donald) (Filed on 3/31/2006) (Entered: 03/31/2006)	RECAP
202	April 18, 2006	Minute Entry: Further Case Management Conference held on 4/14/2006 before Illston (Date Filed: 4/18/2006). () (ts, COURT STAFF) (Date Filed: 4/18/2006) (Entered: 04/18/2006)	RECAP
203	April 26, 2006	RESPONSE of Willie Wisely to re 200 Case Management Statement (Joint) : Declarations of Willie Wisely, Gavin Taylor by Willie Wisely. (ys, COURT STAFF) (Filed on 4/26/2006) (Entered: 04/27/2006)	RECAP
204	Sept. 27, 2006	Declaration re Contempt filed byWillie Wisely. (ys, COURT STAFF) (Filed on 9/27/2006) Additional attachment(s) added on 9/28/2006 (ys, COURT STAFF). (Entered: 09/28/2006)	RECAP
205	March 15, 2007	ORDER for service of process re Davis motion for OSC. Signed by Judge Illston on 3/15/07. (SI, COURT STAFF) (Filed on 3/15/2007) (Additional attachment(s) added on 1/13/2016: # 1 Certificate of Service) (ysS, COURT STAFF). (Entered: 03/15/2007) 1 Certificate of Service View on PACER	RECAP
206	March 15, 2007	NOTICE of Motion and Motion for Order to Show Cause for Civil and Criminal Contempt by Charles T. Davis. (ys, COURT STAFF) (Filed on 3/15/2007) (Entered: 03/16/2007)	RECAP
	March 16, 2007	REMARK: Order directing adoption of regulations to implement previous order granting relief mailed to counsels for plaintiffs and defendants by US mail. (ys, COURT STAFF) (Filed on 3/16/2007)
207	April 13, 2007	RESPONSE to 205 Order for Service of Process and Response Concerning Davis's Motion for an Order to Show Cause by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison. (Specter, Donald) (Filed on 4/13/2007) Modified on 4/16/2007 (ys, COURT STAFF). (Additional attachment(s) added on 1/13/2016: # 1 response) (ysS, COURT STAFF). (Entered: 04/13/2007)	RECAP
208	April 13, 2007	CERTIFICATE OF SERVICE of 207 by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison (Specter, Donald) (Filed on 4/13/2007) Modified on 4/16/2007 (ys, COURT STAFF). (Entered: 04/13/2007)	RECAP
209	April 13, 2007	Declaration of M. Williams in Support of 207 Response ( Non Motion ) filed byPeople of California. (Related document(s) 207 ) (ys, COURT STAFF) (Filed on 4/13/2007) (Entered: 04/16/2007)	RECAP
210	April 13, 2007	Proposed Order denying Davis's motion for an order to show cause for civil and criminal contempt by People of California. (ys, COURT STAFF) (Filed on 4/13/2007) (Entered: 04/16/2007)	RECAP
211	April 23, 2007	ORDER denying Davis's motion for an order to show cause and criminal contempt. Signed by Judge Illston on 4/23/07. (SI, COURT STAFF) (Filed on 4/23/2007) (Entered: 04/23/2007)	RECAP
212	April 23, 2007	MOTION to Set Aside Class Counsel's Findings by Charles T. Davis. (ys, COURT STAFF) (Filed on 4/23/2007) (Entered: 04/25/2007)	RECAP
213	April 25, 2007	MOTION for Extension of Time to File Opposition by Charles T. Davis. (ys, COURT STAFF) (Filed on 4/25/2007) (Entered: 04/25/2007)	RECAP
214	May 24, 2007	ORDER re motion of Charles T. Davis to set aside class counsel's findings (SI, COURT STAFF) (Filed on 5/24/2007) Modified on 5/24/2007 (SI, COURT STAFF).FILED IN ERROR (Entered: 05/24/2007)	RECAP
215	May 24, 2007	ORDER re motion of Charles T. Davis to set aside class counsel's findings. Signed by Judge Illston on 5/24/07. (SI, COURT STAFF) (Filed on 5/24/2007) (Additional attachment(s) added on 1/13/2016: # 1 Certificate of Service) (ysS, COURT STAFF). (Entered: 05/24/2007) 1 Certificate of Service View on PACER	RECAP
216	May 31, 2007	MOTION for Sanctions for intentional breach of counsel's fiduciary duties by Charles T. Davis. (ys, COURT STAFF) (Filed on 5/31/2007) (Entered: 05/31/2007)	RECAP
217	July 9, 2007	MOTION for final order of judgment so that plaintiff may appeal the Court's May 24, 2007 Order re 215 Order by Charles T. Davis. (ys, COURT STAFF) (Filed on 7/9/2007) (Entered: 07/09/2007)	RECAP
218	July 20, 2007	NOTICE of Change In Counsel by Kenneth T. Roost (Roost, Kenneth) (Filed on 7/20/2007) (Entered: 07/20/2007)	RECAP
219	July 25, 2007	ORDER denying Motion of Charles T. Davis for final order of judgment (SI, COURT STAFF) (Filed on 7/25/2007) (Additional attachment(s) added on 1/13/2016: # 1 Certificate of Service) (ysS, COURT STAFF). (Entered: 07/25/2007) 1 Certificate of Service View on PACER	RECAP
220	Aug. 22, 2007	NOTICE OF APPEAL as to 219 Order on Motion for Sanctions by Charles T. Davis. (Appeal Filing Fee: Billed) (ys, COURT STAFF) (Filed on 8/22/2007) Additional attachment(s) added on 8/23/2007 (ys, COURT STAFF). (Entered: 08/23/2007)	RECAP
	Aug. 22, 2007	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 220 Notice of Appeal. (ys, COURT STAFF) (Filed on 8/22/2007)
	Aug. 22, 2007	Copy of Notice of Appeal and Docket sheet mailed to all counsel. (ys, COURT STAFF) (Filed on 8/22/2007)
	Aug. 23, 2007	Mailed request for payment of docket fee to appellant (cc to USCA). (ys, COURT STAFF) (Filed on 8/23/2007)
	Sept. 4, 2007	USCA Case Number 07-16524 for 220 Notice of Appeal. (rcs, COURT STAFF) (Filed on 9/4/2007)
	Sept. 4, 2007	Received Document Letter dated 8/29/07 Re: petition for writ of mandate by Charles T. Davis. (hdj, COURT STAFF) (Filed on 9/4/2007)
221	Sept. 14, 2007	ORDER of USCA as to 220 Notice of Appeal : Dismissed pursuant to Federal Rules of Appellate Procedure 42(b). (ys, COURT STAFF) (Filed on 9/14/2007) (Entered: 09/17/2007)	RECAP
222	Sept. 17, 2007	MANDATE of USCA as to 220 Notice of Appeal: Dismissed. (ys, COURT STAFF) (Filed on 9/17/2007) (Entered: 09/17/2007)	RECAP
223	Nov. 26, 2007	ORDER of USCA: Petition is denied. No motions for reconsideration, modification, or clarification of this order shall be filed or entertained. (ys, COURT STAFF) (Filed on 11/26/2007) (Entered: 11/27/2007)	RECAP
224	Feb. 29, 2008	CLERK'S Second NOTICE Appeal Fee Past Due Notice. (ys, COURT STAFF) (Filed on 2/29/2008) (Entered: 03/03/2008)	RECAP
225	March 6, 2008	Amended CLERK'S Second NOTICE - Appeal Fee Past Due Notice. (ys, COURT STAFF) (Filed on 3/6/2008) (Entered: 03/06/2008)	RECAP
226	March 14, 2008	ORDER acknowledging receipt of notice (SI, COURT STAFF) (Filed on 3/14/2008) (Entered: 03/14/2008)	RECAP
227	March 17, 2008	Received Document/Notice of Motion/Affidavit by Larry B. Moore (forwarded to USCA). (ys, COURT STAFF) (Filed on 3/17/2008) (Entered: 03/17/2008)	RECAP
228	April 4, 2008	*Affidavit of Larry B. Moore purported class memober in support of appropriate course of action filed byLarry B. Moore.(ys, COURT STAFF) (Filed on 4/4/2008) (Additional attachment(s) added on 4/7/2008: # 1 env.) (ys, COURT STAFF). (Entered: 04/07/2008)	RECAP
229	June 5, 2008	NOTICE of Change of Address by plaintiffs' counsel, Donald Specter (Prison Law Office)(ys, COURT STAFF) (Filed on 6/5/2008) (Entered: 06/06/2008)	RECAP
230	July 16, 2008	MOTION for alleged contempt for refusal of a party to obey conditions of negotiated settlement 18 U.S.C.A. ss401(3) by Robert Tunstall. (Attachments: # 1 env.)(ys, COURT STAFF) (Filed on 7/16/2008) (Entered: 07/17/2008)	RECAP
231	Aug. 1, 2008	ORDER RE: MOTION FOR CONTEMPT FINDING re 230 . Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 8/1/2008) (Additional attachment(s) added on 8/5/2008: # 1 cs) (ys, COURT STAFF). (Entered: 08/01/2008) 1 cs View on PACER	RECAP
232	June 23, 2009	* MOTION for Contempt for Refusal to Obey Conditions of Negotiated Settlement and Court Order filed by Robert Tunstall. (Attachments: # 1 env.)(ys, COURT STAFF) (Filed on 6/23/2009) (Entered: 06/24/2009)	RECAP
233	July 1, 2009	ORDER RE: MOTION FOR CONTEMPT FINDING re 232 .(SI, COURT STAFF) (Filed on 7/1/2009) (Additional attachment(s) added on 7/6/2009: # 1 cs) (ys, COURT STAFF). (Entered: 07/01/2009) 1 cs View on PACER	RECAP
234	Oct. 20, 2009	NOTICE by People of California NOTICE OF ADDITIONAL COUNSEL FOR DEFENDANTS (McClain, Damon) (Filed on 10/20/2009) (Entered: 10/20/2009)	RECAP
235	Oct. 22, 2009	*Letter dated from Robert G. Stuter to the Court. (Attachments: # 1 env.)(ys, COURT STAFF) (Filed on 10/22/2009) (Entered: 10/26/2009)	RECAP
236	Oct. 30, 2009	MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed by People of California. Motion Hearing set for 12/4/2009 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
237	Oct. 30, 2009	Request for Judicial Notice re 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
238	Oct. 30, 2009	Declaration of Gerald E. Atchley in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
239	Oct. 30, 2009	Declaration of Dan Aylworth in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
240	Oct. 30, 2009	Declaration of Richard Babb in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
241	Oct. 30, 2009	Declaration of Kathy Balakian in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
242	Oct. 30, 2009	Declaration of R. Allen Baraldi in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
243	Oct. 30, 2009	Declaration of Jean E. Bracy in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
244	Oct. 30, 2009	Declaration of Rod Braly in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
245	Oct. 30, 2009	Declaration of Glenn Brooking in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
246	Oct. 30, 2009	Declaration of Lawrence A. Cone in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
247	Oct. 30, 2009	Declaration of Minerva Cullers in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
248	Oct. 30, 2009	Declaration of Troy Fennel in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Attachments: # 1 Exhibit A)(Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
249	Oct. 30, 2009	Declaration of Ovidio Gonzalez in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
250	Oct. 30, 2009	Declaration of Robert Green in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
251	Oct. 30, 2009	Declaration of Melany Heaslip-Thomas in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
252	Oct. 30, 2009	Declaration of Dr. John L. Jackson in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
253	Oct. 30, 2009	Declaration of Les Johnson in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
254	Oct. 30, 2009	Declaration of B. H. Van Klaveren in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
255	Oct. 30, 2009	Declaration of Matthew K. Koop in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
256	Oct. 30, 2009	Declaration of Nelson David Kraft in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
257	Oct. 30, 2009	Declaration of Nancy Mcmahon in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
258	Oct. 30, 2009	Declaration of Patricia E. Medved in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
259	Oct. 30, 2009	Declaration of Thomas Melvin in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
260	Oct. 30, 2009	Declaration of N. Olsen in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP
261	Oct. 30, 2009	Declaration of D. Paschal in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Attachments: # 1 Exhibit A)(Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)	RECAP