Case: Shumate v. Wilson

Margo Schlanger

Amy Petré Hill

Julie Cho

Nina Sigal

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)

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)

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

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

LODGED Pro Hac Vice application by plaintiffs (old)

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

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)

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

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

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

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)

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)

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)

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

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

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)

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)

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

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

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

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

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

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

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)

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

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

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)

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

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)

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)

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)

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

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

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)

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

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)

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)

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

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

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

LODGED proposed order certifying class (old)

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

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

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

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

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

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

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

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

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)

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)

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)

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)

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

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)

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

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)

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)

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)

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)

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)

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)

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)

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

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

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)

LODGED stipulation for extension of time (old)

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)

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

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)

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)

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

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)

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)

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)

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)

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)

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

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)

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)

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

LODGED Substitution of Attorney by plaintiffs (old)

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)

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)

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)

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

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

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)

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)

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)

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

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)

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)

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

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)

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)

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)

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

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)

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)