Case: Shumate v. Wilson

2:95-cv-00619 | U.S. District Court for the Eastern District of California

Filed Date: April 4, 1995

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On April 4, 1995, women inmates filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of California against the governor of California and California prison officials regarding the medical care provided to women prisoners by the California Department of Corrections (DOC) at the Central California Women's Facility (CCWF) in Chowchilla, CA and the California Institution for Women (CIW) in Frontera, CA. On January 12, 1996, the court certified a p…

On April 4, 1995, women inmates filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of California against the governor of California and California prison officials regarding the medical care provided to women prisoners by the California Department of Corrections (DOC) at the Central California Women's Facility (CCWF) in Chowchilla, CA and the California Institution for Women (CIW) in Frontera, CA. On January 12, 1996, the court certified a plaintiff class defined as all persons who suffer from, or are at risk of developing, serious illness or injury, excluding mental disorders, who were or in the future would be confined at CCWF and CIW. The court also certified a subclass defined as those inmates at those facilities who are diagnosed as HIV-positive. Plaintiffs were represented by the American Civil Liberties Union's National Prison Project, Legal Services for Prisoners with Children, California Rural Legal Assistance, and private attorneys.

The parties drafted a settlement agreement in August of 1997 and the court (Chief Judge William B. Shubb) approved the settlement and dismissed the case on December 22, 1997. The settlement included provisions regarding the screening of inmates for contagious diseases, privacy of medical information, the institution of a system whereby inmates could confidentially request medical services, the maintenance of emergency medical equipment, and licensing requirements. The Defendants agreed to implement chronic disease guidelines and a new medical records format. The settlement also included provisions for maintaining the confidentiality of inmates who are HIV positive. The parties agreed to appoint an assessor and survey team to determine how well the defendants were complying with the agreements.

On December 29, 1999, defendants requested unconditional dismissal on the ground that they had complied with the terms of the settlement agreement. In an order dated February 3, 2000, the court (Judge Shubb) found that defendants were not in substantial compliance with the settlement so were precluded from moving for unconditional dismissal. Judge Shubb gave the plaintiffs until July 31, 2000 to petition to restore the case to the trial docket or the court would vacate the settlement and set the matter for trial on the merits. Judge Shubb denied plaintiff's request for more time and motion to reopen discovery on August 8, 2000. The court vacated and set aside the settlement agreement and set the matter for trial. Media reports indicate that there was no trial. On August 22, 2000, the court (Judge Shubb) dismissed the case wtih prejudice based on a stipulation of dismissal that had been agreed to by both parties.

Summary Authors

Angela Heverling (4/5/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10436735/parties/pc-shumate-v-wilson/


Judge(s)

Shubb, William B. (California)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Argueta, Sylvia (California)

Banks, Christine (California)

Barry, Ellen M. (California)

Brick, Ann (California)

Daniel, Jack Egan (California)

Hempel, Carrie L. (California)

Hibbard, Stephen D. (California)

Rice, Dale A. (California)

Judge(s)

Shubb, William B. (California)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Argueta, Sylvia (California)

Banks, Christine (California)

Barry, Ellen M. (California)

Brick, Ann (California)

Daniel, Jack Egan (California)

Hempel, Carrie L. (California)

Hibbard, Stephen D. (California)

Rice, Dale A. (California)

Attorneys(s) for Defendant

Appelbaum, John M. (California)

Castro, Ismael A. (California)

McKennan, Maureen G (California)

Expert/Monitor/Master

Campbell, Catherine (California)

Freiberg, Charles N. (California)

Documents in the Clearinghouse

Document

2:95-cv-00619

Docket (PACER)

July 24, 2005

July 24, 2005

Docket
1

2:95-cv-00619

Complaint - Class Action

April 4, 1995

April 4, 1995

Complaint
21

2:95-cv-00619

Amended Complaint - Class Action

May 25, 1995

May 25, 1995

Complaint
381

2:95-cv-00619

Settlement Agreement

Sept. 2, 1997

Sept. 2, 1997

Settlement Agreement
394

2:95-cv-00619

Order

Jan. 7, 2000

Jan. 7, 2000

Order/Opinion
399

2:95-cv-00619

Order

Feb. 3, 2000

Feb. 3, 2000

Order/Opinion
408

2:95-cv-00619

Order

Aug. 8, 2000

Aug. 8, 2000

Order/Opinion
411

2:95-cv-00619

Order of Dismissal

Aug. 22, 2000

Aug. 22, 2000

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10436735/pc-shumate-v-wilson/

Last updated June 4, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT before Honorable William B Shubb; referred to Magistrate Judge John F Moulds; Summons issued; fee status paid (Receipt # 164587); Notice regarding Consent forms (old) (Entered: 04/05/1995)

April 4, 1995

April 4, 1995

PACER

LODGED Pro Hac Vice application by plaintiffs (old)

April 4, 1995

April 4, 1995

PACER
2

MOTION by plaintiff Jane Doe 1, plaintiff Jane Doe 2 for leave to proceed in psuedonym ; motion to be heard by Honorable William B Shubb (old) (Entered: 04/05/1995)

April 4, 1995

April 4, 1995

PACER
3

NOTICE by plaintiff of related case(s) CIV S 90-520 LKK, CIV S 87-1636 LKK (old) (Entered: 04/05/1995)

April 4, 1995

April 4, 1995

PACER
4

ORDER setting scheduling conference for 1:30 7/31/95 before Honorable William B Shubb (cc: all counsel) (old) (Entered: 04/05/1995)

April 4, 1995

April 4, 1995

PACER
5

MINUTE ORDER vacating [4-1] order; scheduling conference vacated (cc: all counsel) (old) (Entered: 04/05/1995)

April 5, 1995

April 5, 1995

PACER
6

PROOF OF SERVICE by pltfs Charisse Shumate, Sharon Cagle, Helen Pacheco, Rachel Silvas, Marie Nestle, Deborah Belcher, Rose Munghia, Deborah Webster, Deanna Millsap, Shelba Pettey, Darlene Brazil, Marilyn Stitch, Brenda Angle, Linda June Eagerton, Cynthia Martin, Gina Johnson, Nina Myart, Lisa Smith, Jane Doe 1, Jane Doe 2, Beverly Tucker, Bertha Hattie Dickerson, Maria Nasalgo, Marcia Bunney, Delores of [4-1], [2-1], [1-1] (old) (Entered: 04/06/1995)

April 5, 1995

April 5, 1995

PACER
7

MAIL returned: copy of minute order vacating status conference and referencing reassignment [5-2] (old) (Entered: 04/12/1995)

April 10, 1995

April 10, 1995

PACER
8

MAIL returned [5-1], [5-2] addressed to Charles Nathan Freiberg attorney for plaintiffs (old) (Entered: 04/17/1995)

April 13, 1995

April 13, 1995

PACER

LODGED Stipulation extension of time for filing defendants answer by defendants (old)

April 20, 1995

April 20, 1995

PACER
9

NON-RELATED CASE ORDER by Honorable Lawrence K Karlton ORDERING that it would be inappropriate to relate this action with CIV S 87-1636 and CIV S 90-520 (cc: all counsel) (old) (Entered: 04/21/1995)

April 21, 1995

April 21, 1995

PACER
10

ORDER by Magistrate Judge John F Moulds GRANTING lodged application of Elizabeth Alexander for pro hac vice admission to bar [0-0]; ORDERING: attorney Elizabeth Alexander ADMITTED to appear PRO HAC VICE for pltfs Charisse Shumate, Sharon Cagle, Helen Pacheco, Rachel Silvas, Marie Nestle, Deborah Belcher, Rose Munghia, Deborah Webster, Deanna Millsap, Shelba Pettey, Darlene Brazil, Marilyn Stitch, Brenda Angle, Linda June Eagerton, Cynthia Martin, Gina Johnson, Nina Myart, Lisa Smith, Jane Doe 1, Jane Doe 2, Beverly Tucker, Bertha Jones, Hattie Dickerson, Maria Nasalgo, Marcia Bunney, Delores Rico ; local counsel designation - Charles N Frieberg (415) 772-6000 (cc: all counsel) (old) (Entered: 04/25/1995)

April 25, 1995

April 25, 1995

PACER
11

STIPULATION AND ORDER by Magistrate Judge John F Moulds GRANTING lodged stipulation re: extension of time for filing dfts' answer [0-0]; ORDERING: time for dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard to file their answer to pltfs' class action complaint EXTENDED to and including 5/25/95 (cc: all counsel) (old) (Entered: 04/25/1995)

April 25, 1995

April 25, 1995

PACER
13

MAIL returned [9-1] addressed to Ellen M Barry 1535 Mission Street, S.F. (old) (Entered: 05/01/1995)

April 25, 1995

April 25, 1995

PACER
12

MAIL returned [9-1] addressed to Charles Freiberg (old) (Entered: 04/28/1995)

April 27, 1995

April 27, 1995

PACER

LODGED proposed order certifying proceeding as class action by plaintiffs (old)

April 28, 1995

April 28, 1995

PACER
14

NOTICE OF MOTION AND MOTION by pltfs Shumate, Cagle...to certify class action 6/1/95 10:00am before Magistrate John F Moulds (old) (Entered: 05/02/1995)

April 28, 1995

April 28, 1995

PACER
15

MEMORANDUM of points and authorities by plaintiff Charisse Shumate, plaintiff Sharon Cagle in support of motion for class certification [14-1] (old) (Entered: 05/02/1995)

April 28, 1995

April 28, 1995

PACER
16

PROOF OF SERVICE by plaintiff Charisse Shumate, plaintiff Sharon Cagle of [15-1], [14-1] (old) (Entered: 05/02/1995)

April 28, 1995

April 28, 1995

PACER
17

MAIL returned [10-2] addressed to Charles Nathan Freiberg, co-counsel for plaintiffs; NOT AT THIS ADDRESS (old) (Entered: 05/03/1995)

May 1, 1995

May 1, 1995

PACER

RESERVICE of DOCUMENT(S) [10-2] addressed to Charles Nathan Freiberg, co-counsel for pltfs (cc: all counsel) (old)

May 3, 1995

May 3, 1995

PACER
18

MAIL returned addressed to Charles Nathan Freidberg [11-1], [11-2] (old) (Entered: 05/05/1995)

May 4, 1995

May 4, 1995

PACER

RESERVICE of DOCUMENT(S) [11-2], [10-2], [9-1], [5-2], [4-1] addressed to plaintiff, defendant (cc: all counsel) (old)

May 11, 1995

May 11, 1995

PACER
19

MAIL returned [11-1], [11-2] addressed to plaintiff Ellen M Barry (counsel), address 1535 Mission Street, San Francisco, CA 94103 (old) (Entered: 05/16/1995)

May 12, 1995

May 12, 1995

PACER

LODGED stipulation re: continuance of pltfs' motion for class certification and for filing of dfts' response thereto (old)

May 18, 1995

May 18, 1995

PACER

RESERVICE of DOCUMENT(S) [19-1] addressed to plaintiff Bertha Jones (cc: all counsel) (old)

May 19, 1995

May 19, 1995

PACER
20

STIPULATION AND ORDER by Magistrate Judge John F Moulds GRANTING lodged stipulation re: continuance of motion for class certification [0-0]; ORDERING: motion by pltfs to certify class action [14-1] CONTINUED to 6/15/95 at 10:00 before WBS; dfts' response to pltfs' motion due by 5/29/95; pltfs' reply due by 6/9/95 (cc: all counsel) (old) (Entered: 05/24/1995)

May 24, 1995

May 24, 1995

PACER
21

AMENDED COMPLAINT [1-1] by pltfs (old) (Entered: 05/30/1995)

May 25, 1995

May 25, 1995

PACER
22

ANSWER by dfts Wilson, Sandoval, Gomez, McKinney, Khoury, Farmon, Follet, Poole, Dennard to complaint filed 4/4/95; jury demand (old) (Entered: 05/31/1995)

May 26, 1995

May 26, 1995

PACER
23

OPPOSITION by Wilson, Sandoval, Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard to motion by pltfs to certify class action [14-1] (old) (Entered: 06/01/1995)

May 31, 1995

May 31, 1995

PACER
24

MINUTE ORDER: hearing on motion by pltfs Shumate, Cagle to certify class action [14-1] CONTINUED to 6/22/95 at 10:00 before JFM (cc: all counsel) (old) (Entered: 06/08/1995)

June 7, 1995

June 7, 1995

PACER
25

PLTS' MEMORANDUM of points and authorities in support of motion for class certification [14-1] (ndd) (Entered: 06/12/1995)

June 9, 1995

June 9, 1995

PACER

LODGED Request for leave to take the depositions of pltfs, persons confined in prison, and order thereon by defendants (kb)

June 13, 1995

June 13, 1995

PACER
26

MINUTES of motion to certify class [14-1] before Magistrate Judge John F. Moulds arguments; dfts to submit any further briefing (or letter indicating none) within 10 days; pltfs to provide court with information regarding counsel if sub-class designated; order will then issue and status will be set (kb) (Entered: 06/23/1995)

June 22, 1995

June 22, 1995

PACER
27

RESPONSE by plaintiffs to defendants' request for leave to take the depositions of plaintiff (old) (Entered: 06/29/1995)

June 28, 1995

June 28, 1995

PACER
28

ORDER IN OPEN COURT by Magistrate Judge John F. Moulds ordering: On 6/22/95 counsel for pltfs shall deliver to counsel for dfts a written list of all cases cited at the hearing; within 10 days of the date of the hearing, counsel for dfts may file further briefing responsive to said citations; Counsel for dfts may also file an alternative to the presently proposed class definition; within the same time, either party may file proposals for a subclass, and counsel for pltfs may file suggestions for possible representation of said subclass (cc: all counsel) (old) (Entered: 07/03/1995)

July 3, 1995

July 3, 1995

PACER
29

ORDER by Magistrate Judge John F. Moulds GRANTING lodged request for leave to take the depositions of pltfs, persons confined in prison [0-0] (cc: all counsel) (old) (Entered: 07/03/1995)

July 3, 1995

July 3, 1995

PACER
30

RESPONSE by defendants to coourt order of 6/15/95 (old) (Entered: 07/05/1995)

July 3, 1995

July 3, 1995

PACER
31

RESPONSE by plaintiffs to the court's direction for a furthe submission re class certification (old) (Entered: 07/05/1995)

July 3, 1995

July 3, 1995

PACER

LODGED proposed order certifying class (old)

July 3, 1995

July 3, 1995

PACER
32

PROOF OF SERVICE by plaintiffs regarding response to court order on class certification (old) (Entered: 07/05/1995)

July 3, 1995

July 3, 1995

PACER
33

LETTER to court from counsel for plaintiffs re tentative proposal for subclass counsel (old) (Entered: 07/27/1995)

July 24, 1995

July 24, 1995

PACER
34

ORDER by Magistrate Judge John F Moulds; scheduling conference for 1:30 9/14/95 (cc: all counsel) (old) (Entered: 07/28/1995)

July 28, 1995

July 28, 1995

PACER
35

REQUEST for expert access to central California Womens Facility and California Institution for women by plaintiff (old) (Entered: 09/07/1995)

Sept. 6, 1995

Sept. 6, 1995

PACER
36

PROOF OF SERVICE by plaintiff of [35-1] (old) (Entered: 09/07/1995)

Sept. 6, 1995

Sept. 6, 1995

PACER
37

MINUTES of Status Proceedings before Magistrate Judge John F. Moulds; order to be prepared by the court (old) (Entered: 09/20/1995)

Sept. 14, 1995

Sept. 14, 1995

PACER

REMARK: Item #38 docketed in error in this action an removed (old)

Sept. 28, 1995

Sept. 28, 1995

PACER

LODGED Stipulated Protective Order of confidentiality of inmate records by dfts (ndd)

Sept. 29, 1995

Sept. 29, 1995

PACER
39

DFTS' RESPONSE AND OBJECTION to plts' request for expert access to CIW and CCWF [35-1] (ndd) (Entered: 10/10/1995)

Oct. 5, 1995

Oct. 5, 1995

PACER

LODGED Stipulation re extension of time for filing dfts' respnoses to pltf's second set of interrogatories and second request for production of documents by defendants Pete Wilson, Joseph Sandoval, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard (kb)

Oct. 16, 1995

Oct. 16, 1995

PACER
40

NOTICE OF REQUEST TO WITHDRAW STIPULATED PROTECTIVE ORDER by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, E Poole, Gwendolyn Dennard (old) (Entered: 10/26/1995)

Oct. 23, 1995

Oct. 23, 1995

PACER
41

NOTICE OF AMENDED PROOF OF SERVICE by defts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard of (old) (Entered: 10/30/1995)

Oct. 25, 1995

Oct. 25, 1995

PACER
42

NOTICE OF MOTION AND MOTION for a telephonic hearing for an order resolving existing discovery disagreements re Protective Order by plts ; motion to be heard before Hon JFM on 11/9/95 10:00am (ndd) (Entered: 11/07/1995)

Nov. 6, 1995

Nov. 6, 1995

PACER
43

STIPULATION re Discovery Disagreements (ndd) (Entered: 11/07/1995)

Nov. 6, 1995

Nov. 6, 1995

PACER
44

MINUTES before Magistrate Judge John F. Moulds motion for a telephonic hearing for an order resolving existing discovery disagreements re Protective Order by plts [42-1] motion submitted; court to prepare order C/R Tape (old) (Entered: 11/14/1995)

Nov. 9, 1995

Nov. 9, 1995

PACER
45

RESPONSE by defendants to court order of 11/9/95 (old) (Entered: 11/21/1995)

Nov. 17, 1995

Nov. 17, 1995

PACER

LODGED Protective order for confidentality of inmate records by defendants Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard (kb)

Nov. 28, 1995

Nov. 28, 1995

PACER
46

LETTER to court from counsel for defendants Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard regarding lodged protective order for confidentiality of inmate records [0-0] (kb) (Entered: 12/01/1995)

Nov. 28, 1995

Nov. 28, 1995

PACER

LODGED Stipulation and order re: pltf's amended complaint and answer to amended complaint; service on and answer of deft Russell Gould by plaintiff Charisse Shumate (old)

Dec. 1, 1995

Dec. 1, 1995

PACER
47

SCHEDULING ORDER by Magistrate Judge John F Moulds; pretrial conference set for 11:00 10/14/96; trial set for 9:00 1/14/97; discovery ddl set for 10/14/96 ; motion filing ddl set for 7/22/96 (cc: all counsel) (old) (Entered: 12/05/1995)

Dec. 5, 1995

Dec. 5, 1995

PACER
48

ORDER by Magistrate Judge John F. Moulds GRANTING motion for leave to proceed in psuedonym by pltf [2-1] (cc: all counsel) (old) (Entered: 12/05/1995)

Dec. 5, 1995

Dec. 5, 1995

PACER
49

REPORT AND RECOMMENDATION by Magistrate Judge John F Moulds recommending that motion by pltfs Shumate, Cagle et al to certify class action [14-1] be granted; Objections due within 10 days of service; Replies due within 5 days thereafter; motion referred back to Honorable William B Shubb (cc: all counsel) (old) (Entered: 12/05/1995)

Dec. 5, 1995

Dec. 5, 1995

PACER
50

STIPULATION AND ORDER by Magistrate Judge John F Moulds EXTENDING time, to and including 11/20/95, in which defts may file their responses to pltf's second set of interrogatories and second request for production of documents (cc: all counsel) (old) (Entered: 12/05/1995)

Dec. 5, 1995

Dec. 5, 1995

PACER
51

MINUTE ORDER: pretrial conference reset for 11:00am on 10/15/96 (cc: all counsel) (old) (Entered: 12/13/1995)

Dec. 13, 1995

Dec. 13, 1995

PACER
52

OBJECTIONS by dfts to Report and Recommendation [49-1] (old) (Entered: 12/18/1995)

Dec. 15, 1995

Dec. 15, 1995

PACER
53

STIPULATION AND ORDER by Magistrate Judge John F Moulds; defts consented to th filing of pltf's amended complaint; pltfs stipulate that defts have timely responded to the amended complaint; Deft Russell Gould stipulates that he has been served properly; Pltfs and deft Gould stipulate that he has timely responded to the amended complaint and is deemed to join in defts' answer filed 5/5/95 (cc: all counsel) (old) (Entered: 12/19/1995)

Dec. 19, 1995

Dec. 19, 1995

PACER

LODGED stipulation for extension of time (old)

Dec. 28, 1995

Dec. 28, 1995

PACER
54

NOTICE by plaintiff of change of address to Legal Service for Prisoners with Children, 100 McAllister Street, San Francisco, CA 94102; telephone # (415) 255-7036 (old) (Entered: 01/08/1996)

Jan. 5, 1996

Jan. 5, 1996

PACER
55

RESPONSE by plaintiff Charisse Shumate to deft's objection to the Magistrates Findings and Recommendations [52-1] (old) (Entered: 01/08/1996)

Jan. 5, 1996

Jan. 5, 1996

PACER
56

MINUTES of Proceedings before Honorable William B. Shubb re objection to report & recommendation [52-1], is SUBMITTED; order to be prepared by the court; C/R Kelly O'Halloran (old) (Entered: 01/12/1996)

Jan. 11, 1996

Jan. 11, 1996

PACER
57

ORDER by Honorable William B. Shubb ORDERING that pltf's 1/5/96 response to defts' objections to Magistrate Judge's Findings and Recommendations (re Class Certification) is DEEMED timely filed; ADOPTING report & recommendation order filed 12/5/96 [49-1]; this action is certified as a class action pursuant to FRCP 23(b)(2), said class consisiting of all persons who suffer from, or who areat risk of developing, serious illness or injury, exlcuding mental disorders, who are now in the future will be confined to Central Ca Women's Facility (CCWF) in Chowchilla, Ca and the Ca Institution for Women (CIW) in Frontera, Ca; AND pursuant to FRCP 23(b)(4) a subclass is hereby certified consisting of persons who are now or in the future will be confined at CCWF or CIW and who have been diagnosed as HIV-positive with respect to pltf's challenge to deft's policies and practices re confindentiality of information about HIV status (cc: all counsel) (old) (Entered: 01/12/1996)

Jan. 12, 1996

Jan. 12, 1996

PACER
58

LETTER to court from counsel for plts requesting the court to give expedited consideration regarding discovery dispute [42-1] (ndd) (Entered: 01/18/1996)

Jan. 17, 1996

Jan. 17, 1996

PACER
59

LETTER to court from counsel for plts to enclose a proposed form of Notice to the class which parties have agreed on with the exception that dfts do not agree with the designation of Ellen Barry of Legal Service for Prisoners with Children as counsel for the subclass and requesting a telephone conference to resolve the matter (ndd) (Entered: 01/26/1996)

Jan. 25, 1996

Jan. 25, 1996

PACER
60

NOTICE OF REQUEST by defendants to withdraw stipulated protective order of confidentiality of inmate records filed on 11/28/95 (kb) Modified on 02/12/1996 (Entered: 02/12/1996)

Feb. 8, 1996

Feb. 8, 1996

PACER

LODGED Stipulated protective order of confidentiality of inmate records by defendants Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould (kb)

Feb. 13, 1996

Feb. 13, 1996

PACER
61

ORDER by Magistrate Judge John F. Moulds dfts' objections to pltfs' request for expert access to CIW and CCWF are overruled; pltfs' counsel shall not use the patient names in any death records reviewed pursuant to their request without further order of the court; pltf's 1/25/96 request for a telephone conference is DENIED; Ellen Barry shall be designated as counsel for the subclass only; the parties shall delete Ellen Barry's name and address from the list of class counsel on page two of the Notice of Class Action; the last paragraph of the Notice of Class Action shall be changed to read as follows: Women prisoners at CCWF or CIW may contact any of the lawyers for the pltf class about medical care issues; if you are at CCWF and need to speak with an attorney, you can contact Catherine Campbell, Jack Daniel, or Dale Rice; if you are at CIW, you can contact Carrie Hempel or Dale Rice; Communications about HIV confidentiality should be addressed only to Ellen Barry at Legal Services for Prisoners with Children; this order is without prejudice to pltfs' right to identify an additional specific attorney for members of the pltf class to contact in lieu of the previous identification of Ellen Barry (cc: all counsel) (kb) (Entered: 02/22/1996)

Feb. 22, 1996

Feb. 22, 1996

PACER
62

STIPULATION AND ORDER by Magistrate Judge John F. Moulds this order covers all documents and information obtained in this action by pltfs' counsle from dfts or the Department of Corrections which identifies a prisoner other than the named pltfs in this action; all such documents and information obtained in this action by pltfs' counsel shall be regarded as confidential and subject to this Protective Order (see order for further details)(cc: all counsel) (kb) (Entered: 02/22/1996)

Feb. 22, 1996

Feb. 22, 1996

PACER

LODGED stipulation for extension of time for defendants to respond to plaintiffs third set of interrogatories (old)

Feb. 26, 1996

Feb. 26, 1996

PACER
63

STIPULATION AND ORDER by Magistrate Judge John F. Moulds GRANTING lodged extension of time for defendants to respond to plaintiff's discovey to 3/29/96 [0-0] (cc: all counsel) (old) (Entered: 03/01/1996)

March 1, 1996

March 1, 1996

PACER
64

REQUEST by defendants for reconsideration by the district court of magistrate judg's ruling re plaintiff's request for access to CIW and CCWF (old) (Entered: 03/11/1996)

March 7, 1996

March 7, 1996

PACER

LODGED Substitution of Attorney by plaintiffs (old)

March 8, 1996

March 8, 1996

PACER
65

LETTER to court from counsel for plaintiff regarding lodged Substitution of Attorney [0-0] (old) (Entered: 03/13/1996)

March 8, 1996

March 8, 1996

PACER
66

NOTICE OF MOTION AND MOTION for leave to file amended complaint and add additional plaintiff by pltfs ; hearing set for 10:00 4/11/96 before Judge John F Moulds (kdc) (Entered: 03/14/1996)

March 12, 1996

March 12, 1996

PACER
67

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff in support of pltfs' motion for leave to file amended complaint and add additional plaintiff [66-1] (kdc) (Entered: 03/14/1996)

March 12, 1996

March 12, 1996

PACER
68

DECLARATION of Dale A Rice in support of motion for leave to file amended complaint and add additional plaintiff [66-1] (kdc) (Entered: 03/14/1996)

March 12, 1996

March 12, 1996

PACER
69

PROOF OF SERVICE by plaintiff of motion for leave to amend and supporting documents (old) (Entered: 03/14/1996)

March 12, 1996

March 12, 1996

PACER
70

DECLARATION of Ellen M Barry in support in support of plaintiff's motion to file amended complaint [66-1] (old) (Entered: 03/15/1996)

March 13, 1996

March 13, 1996

PACER
71

PROOF OF SERVICE by plaintiff Charisse Shumate of declaration of Ellen M Barry in support of plaintiff's motion for leave to file amended complaint [70-1] (old) (Entered: 03/15/1996)

March 13, 1996

March 13, 1996

PACER
72

MOTION by defendants for reconsideration hearing set for 1:30 4/29/96 motion to be heard by Honorable William B. Shubb (old) (Entered: 03/15/1996)

March 13, 1996

March 13, 1996

PACER
73

LETTER to court from counsel Elizabeth Alexander dated 3/12/96 regarding defendant's request for reconsideration of the magistrate order on inspection of prisons (old) (Entered: 03/15/1996)

March 14, 1996

March 14, 1996

PACER
74

REQUEST by defendants to strike plaintiff's letter dated 3/6/96 (old) (Entered: 03/15/1996)

March 14, 1996

March 14, 1996

PACER
75

RESPONSE by plaintiffs' to defendants' request for reconsideration of magistrate judge's ruling re plaintiffs' request for expert accessto CIW and CCWF (old) (Entered: 03/15/1996)

March 14, 1996

March 14, 1996

PACER
76

LETTER to court from counsel DAG Ismael Castro dated 3/15/96 withdrawing defendants' request for reconsideration of the magistrate judge's order of 2/22/96 (old) (Entered: 03/20/1996)

March 15, 1996

March 15, 1996

PACER
77

NOTICE by defendant of hearing VACATING HEARING re motion by defendants for reconsideration [72-1] (kdc) (Entered: 03/21/1996)

March 19, 1996

March 19, 1996

PACER
78

ORDER by Magistrate Judge John F. Moulds: parties shall be preapred to address issues relevant to both the form and the substance of the proposed substitution of attorneys at the time of the 4/11/96 hearing on pltfs' motion for leave to file an amended complaint and add an additional pltf (cc: all counsel) (old) (Entered: 03/25/1996)

March 25, 1996

March 25, 1996

PACER

LODGED Stipulation re: second extension of time for defts' response to pltfs' third set of interrogatories and request for production of documents; AND for pltfs' response to defts second set of interrogatories; AND request for production of documents by defendants Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould (old)

March 27, 1996

March 27, 1996

PACER
79

OPPOSITION by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould, Nadim Khoury to motion for leave to file amended complaint [66-1] (kdc) (Entered: 04/02/1996)

March 29, 1996

March 29, 1996

PACER

LODGED Stipulation and [Proposed] Order continuing hearing re motion to amend and appointment of counsel re subclass by plaintiff Charisse Shumate (old)

April 4, 1996

April 4, 1996

PACER
80

STIPULATION AND ORDER by Magistrate Judge John F. Moulds: dfts may have an extension of time to file response to pltfs' third set of interrogatories and request for production of documents by 4/12/96; pltfs may have an extension of time of 12 days, up to 4/15/96, to file response to dfts' second set of interrogatories and request for production of documents (cc: all counsel) (old) (Entered: 04/09/1996)

April 9, 1996

April 9, 1996

PACER
81

NON-RELATED CASE ORDER by Honorable Lawrence K. Karlton: the court has determined that it is inappropriate to relate or reassign this case with 2:96-cv-255; this order is issued for informational purposes ONLY (cc: all counsel) (old) (Entered: 04/09/1996)

April 9, 1996

April 9, 1996

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

California's Prisoners' Rights Bar article

Key Dates

Filing Date: April 4, 1995

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

women prisoners at Central California Women's Facility and California Institution for Women

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Corrections (Chowchilla, CA and Frontera, CA), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - 2000

Issues

Affected Gender:

Female

Medical/Mental Health:

HIV/AIDS

Medical care, general

Medical care, unspecified

Medication, administration of

Type of Facility:

Government-run