Case: Valdivia v. Schwarzenegger

2:94-cv-00671 | U.S. District Court for the Eastern District of California

Filed Date: 1994

Case Ongoing

Clearinghouse coding in progress

Case Summary

On May 2, 1994, a group of California parolees filed a class action lawsuit under 42 U.S.C. Section 1983 against the State of California in the U.S. District Court for the Eastern District of California. The plaintiffs alleged that their rights had been violated by the state's parole revocation system.On June 13, 2002, the district court granted partial summary judgment to the plaintiffs, holding that California's parole revocation system violated due process rights of the plaintiff class memb…

On May 2, 1994, a group of California parolees filed a class action lawsuit under 42 U.S.C. Section 1983 against the State of California in the U.S. District Court for the Eastern District of California. The plaintiffs alleged that their rights had been violated by the state's parole revocation system.

On June 13, 2002, the district court granted partial summary judgment to the plaintiffs, holding that California's parole revocation system violated due process rights of the plaintiff class members because it permitted detention of parolees upon a parole officer's issuance of a parole hold without a preliminary hearing to determine probable cause and allowed a delay of up to 45 days before allowing the parolee a chance to be heard. Valdivia v. Davis, 206 F.Supp.2d 1068 (E.D. 2002).

As a result of the court's decision, the parties reached a stipulated permanent injunction to improve the timeliness of parole revocation proceedings. The Remedial Plan adopted under the injunction includes alternative sanctions for minor parole violations, a probable cause hearing no more than 10 business days after a parolee is notified of charges, a revocation hearing no later than 35 days after a parole hold is placed, and appointment of attorneys to represent all parolees facing revocation proceedings.

On March 25, 2010 the United States Court of Appeals for the 9th Circuit issued an opinion upholding the District Court's March 2008 Order regarding the use of hearsay evidence in parole revocation hearings and vacating the District Court's March 2009 order denying the State's request to modify the injunction in light of a voter approved referendum.

On December 2, 2010 the United States District Court for the Eastern District of California entered an order finding that the defendants had met the requirements of the court's April 4, 2007 order and the "return to custody assessment step of the revocation process for all facilities, including Los Angeles County Jail." Moreover, the court found that the "defendants are in violation of this Court's November 13, 2006 Order concerning information system changes."

On January 24, 2012 the United States District Court for the Eastern District of California entered an order that found "the injunctive measures... necessary to remedy constitutional violations created in §3044(a)(1) and (a)(2), except that defendants shall provide a revocation hearing no later than the 45th calendar day after the placement of the parole hold."

As of January 31, 2012 the United States District Court for the Eastern District of California retains jurisdiction to enforce the permanent injunction entered in this case.

Summary Authors

Justin Benson (1/31/2012)

Related Cases

L.H. v. Schwarzennegger, Eastern District of California (2006)

People


Judge(s)

Hawkins, Michael Daly (Arizona)

Hollows, Gregory G. (California)

Karlton, Lawrence K. (California)

Noonan, John T. Jr. (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Baldwin, Holly MacLeish (California)

Bien, Michael W. (California)

Burrell, Susan L. (California)

Galvan, Ernest (California)

Grunfeld, Gay Crosthwait (California)

Judge(s)

Hawkins, Michael Daly (Arizona)

Hollows, Gregory G. (California)

Karlton, Lawrence K. (California)

Noonan, John T. Jr. (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Baldwin, Holly MacLeish (California)

Bien, Michael W. (California)

Burrell, Susan L. (California)

Galvan, Ernest (California)

Grunfeld, Gay Crosthwait (California)

Holtz, Geoffrey Thomas (California)

Huey, Shirley (California)

Kennard, Karen (California)

Landon, Alexander L. (California)

Miller, Andrea M. (California)

Morris, Maria V (California)

Nelson, Laurel M. (California)

Palumbo, Kristen A. (California)

Pavone, Benjamin Laurence (California)

Perrello, Stephen J. Jr. (California)

Rifkin, Lori Ellen (California)

Specter, Donald H. (California)

Stewart, Loren Grey (California)

Willits, Mari L. (California)

Attorneys(s) for Defendant

Acquisto, Stephen (California)

Aljens, Erika C. (Pennsylvania)

Anderson, Robert R. (California)

Cashdollar, William V. (California)

Devencenzi, Jessica (California)

Grunder, Frances T. (California)

Humes, James M. (California)

Jacob, Renju Palanilkumuryil (California)

Lee, Michael Gregory (California)

Lockyer, Bill (California)

Manian, Maya (California)

Mello, Paul Brian (California)

Nussbaum, Peter David (California)

Patterson, Thomas S. (California)

Rice, Benjamin Terrence (California)

Tebrock, Katherine (California)

Whitney, Vickie Pochelle (California)

Wolff, Jonathan L. (California)

Other Attorney(s)

Adams, Mark F. (California)

McCabe, Michael J. (California)

Philipsborn, John Timothy (California)

Expert/Monitor/Master

Campbell, Nancy (Washington)

Morrison, Virginia (California)

Riveland, Chase (Washington)

Documents in the Clearinghouse

Document

2:94-cv-00671

Docket (PACER)

Jan. 30, 2012

Jan. 30, 2012

Docket
540

2:94-cv-00671

Order

Valdivia v. Davis

Sept. 8, 2000

Sept. 8, 2000

Order/Opinion
664

2:94-cv-00671

Order

Valdivia v. Davis

June 14, 2002

June 14, 2002

Order/Opinion

2:94-cv-00671

Fifth Amended Civil Class Action Complaint for Declaratory and Injunctive Relief

Sept. 13, 2002

Sept. 13, 2002

Complaint

2:94-cv-00671

Stipulated Order for Permanent Injunctive Relief

Nov. 18, 2003

Nov. 18, 2003

Settlement Agreement
821

2:94-cv-00671

Order Granting Motion for Preliminary Approval of Class Action Settlement, and Scheduling Hearing and Final Settlement Approval

Dec. 3, 2003

Dec. 3, 2003

Order/Opinion
1119

2:94-cv-00671

Order and Judgment Awarding Reasonable Attorneys' Fees and Expenses to Plaintiffs' Legal Counsel

Valdivia v. Schwarzenegger

Sept. 17, 2004

Sept. 17, 2004

Order/Opinion
1218

2:94-cv-00671

Order

Valdivia v. Davis

June 8, 2005

June 8, 2005

Order/Opinion
1234

2:94-cv-00671

Stipulation and Amended Order Re Special Master Order of Reference

Aug. 19, 2005

Aug. 19, 2005

Order/Opinion

2:94-cv-00671

Order [concluding that parolees' counsel should have access to client's field file without limit on whether they can discuss that info with their clients]

Aug. 31, 2005

Aug. 31, 2005

Order/Opinion

Docket

ECF Number Description Date Link Date / Link

LODGED Order after hearing by plaintiffs (old) (Entered: 09/21/1994)

Sept. 20, 1991

Sept. 20, 1991

1

COMPLAINT before Honorable Lawrence K Karlton; Case referred to Magistrate Gregory G Hollows; Summons issued; fee paid; Receipt # 158131; jury demand by plaintiff; Notice re: Consent forms sent (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

2

ORDER setting scheduling conference for 10:30 am on 8/1/94 before Honorable Lawrence K Karlton (cc: all counsel) (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

3

MOTION for preliminary injunction by plaintiff Williams motion to be heard by Honorable Lawrence K Karlton (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

4

MOTION for temporary restraining order by plaintiff Cervantes and for preliminary injunction by plaintiff motion to be heard by Honorable Lawrence K Karlton (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

5

POINTS AND AUTHORITIES by plaintiffs in support of motion for temporary restraining order and [4−1], of motion [4−2] for preliminary injunction by plaintiff Cervantes and motion preliminary injunction by plaintiff Williams [3−1] (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

6

DECLARATION of Steven G Williams in support of motion for temporary restraining order [4−1], motion for preliminary injunction [4−2] [3−1] (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

7

DECLARATION of Attonrey Stephen J Perrello Jr in support re motion for preliminary injunction by plaintiff Williams [3−1] (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

8

DECLARATION of attorney Paul Comiskey in support of motion for temporary restraining order by plaintiff Cervantes [4−1], and motions for preliminary injunction by plaintiffs [4−2] [3−1] (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

9

DECLARATION of Vincent Cervantes in support of motion for temporary restraining order [4−1] and motion for preliminary injunction [4−2] (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

LODGED order on motions for restraining order and injunction by plaintiffs (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

10

MINUTES of 5/2/94 before Honorable Lawrence K Karlton: Setting hearing on motion for temporary restraining order [4−1] and preliminary injunction [4−2] [3−1] by plaintiff's for 9:15 am on 5/19/94 (old) (Entered: 05/04/1994)

May 2, 1994

May 2, 1994

11

ORDER by Honorable Lawrence K Karlton ORDERING the court will construe pltfs' memoranda of points and authorities in support of TRO as their moving papers on the motion for a preliminary injunction; All opposition to the granting of the motion must be filed by 5/13/94; Reply brief, if any, to be filed by 5/17/94; Hearing on motion is SET for 5/19/94 at 9:15 in ctrm 1; The parties are directed to address in their briefs the effect ot he Younger doctrine on the availability of injunctive relief in this case (cc: all counsel) (old) (Entered: 05/05/1994)

May 5, 1994

May 5, 1994

12

LODGED Document order on motions for restraining order and injunction by pltfs−NOT TO BE SIGNED (old) (Entered: 05/05/1994)

May 5, 1994

May 5, 1994

13

NOTICE pursuant to Local Rule 231(D)(3) by defendant setting hearing for 5/19/94 at 9:00 am on motion for preliminary injunction before Honorable Lawrence K Karlton (old) (Entered: 05/11/1994)

May 10, 1994

May 10, 1994

15

REPLY MEMORANDUM on motions for preliminary injunctions by plaintiffs (old) (Entered: 05/17/1994)

May 17, 1994

May 17, 1994

16

DECLARATION of Stephen J Perrello, Jr in support of motions for temporary restraining order [4−1] and motions for preliminary injunction [4−2] [3−1] (old) (Entered: 05/17/1994)

May 17, 1994

May 17, 1994

17

MOTION in limine to preclude oral testimony and for other relief by pltfs motion to be heard on 5/19/94 at 9:15 by Honorable Lawrence K Karlton (old) (Entered: 05/17/1994)

May 17, 1994

May 17, 1994

18

DECLARATION of Michael Connolly in support of opposition to motions for preliminary injunction [14−1] (old) (Entered: 05/18/1994)

May 17, 1994

May 17, 1994

19

OPPOSITION by defendants State of CA, Joe Sandoval, Craig L Brown, James Gomez to motion in limine to preclude oral testimony and for other relief by pltfs [17−1] (old) (Entered: 05/19/1994)

May 18, 1994

May 18, 1994

20

RESPONSE TO PLAINTIFFS REPLY by defendants State of CA, Joe Sandoval, Craig L Brown, James Gomez to response to motion in limine to preclude oral testimony and for relief [17−1] (old) (Entered: 05/19/1994)

May 18, 1994

May 18, 1994

21

MINUTES before Honorable Lawrence K Karlton: Hearing on pltf's motions for preliminary injunctions (4−1][4−2][3−1] Motions DENIED; Deft to prepare order; Documents and exhibits filed in court (old) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

22

SUPPLEMENTAL DECLARATION of Issac Cubillos for preliminary injunctions (old) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

34

SUPPLEMENTAL DECLARATION of Stephen J Perrello, Jr for preliminary injunctions (old) Modified on 06/14/1994 (Entered: 06/09/1994)

May 19, 1994

May 19, 1994

23

TRANSCRIPT of Judges Decision on 5/19/94 (old) (Entered: 05/24/1994)

May 23, 1994

May 23, 1994

24

NOTICE of lodging of proposed order by defendants State of California, Joe Sandoval, Craig L Brown, James Gomez (old) (Entered: 05/25/1994)

May 24, 1994

May 24, 1994

LODGED order after hearing on plaintiffs motions for preliminary injunctions by defendants (old) (Entered: 05/25/1994)

May 24, 1994

May 24, 1994

25

ANSWER and demand for jury trial by defendants (old) (Entered: 05/25/1994)

May 24, 1994

May 24, 1994

26

NOTICE by paintiffs Vincent Cervantes, Steven G Williams of partial transcript of 5/19/94 (old) (Entered: 06/02/1994)

May 31, 1994

May 31, 1994

27

CONDITIONAL MOTION by plaintiffs for hearing and argument on order denying motions for preliminary injunctions (old) (Entered: 06/02/1994)

May 31, 1994

May 31, 1994

28

MEMORANDUM by plaintiffs Vincent Cervantes, Steven G Williams in support of motion by plaintiffs for hearing and argument on order denying motions for preliminary injunctions [27−1] (old) (Entered: 06/02/1994)

May 31, 1994

May 31, 1994

29

DECLARATION of Attorney Stephen J Perrello Jr in opposition to lodged proposed Order (on settlement of order denying motions) submitted by defendants (old) (Entered: 06/02/1994)

May 31, 1994

May 31, 1994

LODGED reporter's transcript of 5/19/94 (old) (Entered: 06/14/1994)

May 31, 1994

May 31, 1994

30

OPPOSITION by defendants to motion by plaintiffs for hearing and argument on proposed order denying motions for preliminary injunctions [27−1] (old) (Entered: 06/03/1994)

June 2, 1994

June 2, 1994

31

FURTHER OPPOSITION by defendants to motion by plaintiffs for hearing and argument on order denying motions for preliminary injunctions [27−1] (old) (Entered: 06/08/1994)

June 6, 1994

June 6, 1994

33

LODGED Document by defendants of order after hearing on plaintiffs' motions for preliminary injunctions−NOT TO BE SIGNED by LKK (old) (Entered: 06/08/1994)

June 8, 1994

June 8, 1994

35

MOTION by defendants to stay the damages portion and the equitable portion of the case motion to be heard by Honorable Lawrence K Karlton on 7/18/94 at 10:00am (old) (Entered: 06/15/1994)

June 14, 1994

June 14, 1994

36

NOTICE OF MOTION AND MOTION to dismiss by defendants motion to be heard on 7/18/94 at 10:00 by Honorable Lawrence K Karlton (old) (Entered: 06/16/1994)

June 15, 1994

June 15, 1994

37

MOTION to continue by plaintiffs Vincent Cervantes and Steven G Williams ; motion to be heard on 07/18/94 at 10:00am by Honorable Lawrence K Karlton (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

38

RESPONSE by plaintiffs Vincent Cervantes and Steven G Williams to motion to dismiss by defendants [36−1] and motion by defendants to stay the damages portion and the equitable portion of the case [35−1] (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

39

MOTION to amend complaint by plaintiffs Vincent Cervantes and Steven G Williams ; motion to be heard on 09/06/94 at 10:00am by Honorable Lawrence K Karlton (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

40

DECLARATION of Stephen J Perrello Jr In Support of motion to continue by plaintiffs Vincent Cervantes and Steven G Williams [37−1] (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

41

MEMORANDUM of Points and Authorities in support of motion to continue by plaintiffs Vincent Cervantes and Steven G Williams [37−1] (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

42

MEMORANDUM of Points and Authorities in support of motion to amend complaint by plaintiffs Vincent Cervantes and Steven G Williams [39−1] (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

LODGED First Amended Civil Complaint Class Action for Declaratory and Injunctive Relief (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

43

MOTION to certify class action Rule 23 by plaintiffs Vincent Cervantes and Steven G Williams ; motion to be heard on 09/06/94 at 10:00am by Honorable Lawrence K Karlton (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

44

MEMORANDUM of Points and Authorities in support of motion to certify class action Rule 23 by plaintiffs Vincent Cervantes and Steven G Williams [43−1] (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

46

REPLY by defendants to response to motion to dismiss by defendants [36−1] and motion to stay the damages portion and the equitable portion of the case [35−1] (old) (Entered: 07/08/1994)

July 6, 1994

July 6, 1994

45

OPPOSITION to motion to continue by plaintiffs Vincent Cervantes and Steven G Williams [37−1] by defendants (old) (Entered: 07/07/1994)

July 7, 1994

July 7, 1994

47

ORDER by Honorable Lawrence K Karlton ORDERING Hearing on motion to dismiss [36−1] and motion by defendants to stay the damages portion and the equitable portion of the case [35−1] by defendants is CONTINUED to 10:00 am on 9/6/94; Plaintiffs shall notice their motion to certify class action Rule 23 [43−1] and motion to amend complaint by plaintiffs Vincent Cervantes and Steven G Williams will be noticed for hearing on 9/6/94; Defendants may tender their objections to the amended complaint in their oppsition to the motion to amend or by cross−motion timely noticed for hearing on 9/6/94; The parties are directed to address the applicability of Younger abstention to the amended complaint in their

July 8, 1994

July 8, 1994

49

NOTICE by plaintiffs for leave to file amended complaint [39−1] (old) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

50

NOTICE by plaintiffs of motion for certification of class action (Rule 23) [43−1] (old) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

51

PROOF OF SERVICE by plaintiff of order setting status conference [2−1] (old) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

52

STATUS REPORT by plaintiffs Vincent Cervantes and Steven G Williams (old) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

53

STATUS REPORT by defendants State of CA, Pete Wilson, Joe Sandoval, Craig L Brown, James Gomez and Judith A McGillivray (old) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

54

PROOF OF SERVICE of [1−1] complaint and summons to defendant Pete Wilson (old) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

55

PROOF OF SERVICE of complaint and summons as to Craig L Brown (old) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

56

PROOF OF SERVICE of complaint and summons as to Joe Sandoval (old) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

57

PROOF OF SERVICE of complaint and summons as to the State of California by serving the State Attorney Generals Office Karen Files (old) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

58

PROOF OF SERVICE of complaint and summons as to James H Gomes by service on Judith Debelle (old) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

59

PROOF OF SERVICE of complaint and summons as to James A Browning Jr (old) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

61

MINUTES of 8/1/94 before Honorable Lawrence K Karlton: Status conference HELD; Pretrial conference SET 1/16/96 at 3:30 pm; Jury trial set 4/23/96 at 10:00; Trial estimated to be 15 days; Court order to follow (old) (Entered: 08/09/1994)

Aug. 1, 1994

Aug. 1, 1994

60

NOTICE OF MOTION AND MOTION to dismiss by defendants State of California, Pete Wilson, Joe Sandoval, Craig L Brown, James Gomez and Judith A McGillivray ; motion to be heard on 09/06/94 at 10:00am by Honorable Lawrence K Karlton (old) (Entered: 08/04/1994)

Aug. 3, 1994

Aug. 3, 1994

62

STATUS (PRETRIAL SCHEDULING) ORDER by Honorable Lawrence K Karlton ORDERING: motion filing ddl set for 10/1/95; discovery ddl set for 8/1/95; pretrial conference set for 2:30pm on 1/16/96; jury trial set for 10:00am on 4/23/96 (cc: all counsel) (kb) (Entered: 08/09/1994)

Aug. 9, 1994

Aug. 9, 1994

64

OPPOSITION by defendants to motion to certify class action Rule 23 by plaintiffs Vincent Cervantes and Steven G Williams [43−1] and NON−OPPOSITION to motion to amend complaint by plaintiffs Vincent Cervantes and Steven G Williams [39−1] (old) (Entered: 08/24/1994)

Aug. 19, 1994

Aug. 19, 1994

63

PLAINTIFFS Vincent Cervantes and Steven Williams Opposition to motion to dismiss by defendants State of California, Pete Wilson, Joe Sandoval, Craig L Brown, James Gomez and Judith A McGillivray [60−1] (old) (Entered: 08/22/1994)

Aug. 22, 1994

Aug. 22, 1994

65

REPLY to Plaintiffs' Opposition by defendants [60−1], motion to dismiss by defendants [36−1], motion by defendants to stay the damages portion the equitable portion of the case [35−1] (old) (Entered: 08/30/1994)

Aug. 29, 1994

Aug. 29, 1994

66

REPLY to Opposition to motion to certify class action Rule 23 [43−1] by plaintiffs Vincent Cervantes and Steven G Williams (old) (Entered: 08/31/1994)

Aug. 29, 1994

Aug. 29, 1994

68

MINUTES of 09/06/94 before Honorable Lawrence K Karlton: Motion to dismiss by defendants State of California, Pete Wilson, Joe Sandoval, Craig L Brown, James Gomez and Judith A McGillivray [60−1] is DENIED; Motion to certify class action Rule 23 by plaintiffs Cervantes and Steven G Williams [43−1] is SUBMITTED after further briefing; Letter briefs to be filed by 9/19/94 by 4:30 for plaintiffs and oppositions to brief due 9/26/94 by 4:30; Motion to amend complaint by plaintiffs Vincent Cervantes and Steven G Williams [39−1] is GRANTED; Court ORDERED amended complaint filed as of 9/6/94; Motion to dismiss by defendants [36−1] or to stay the damages portion and the equitable portion of the case [35−1] is DENIED; Order to be prepared by plaintiff and submitted within 22 days; C/R Richard Fong (old) (Entered: 09/07/1994)

Sept. 6, 1994

Sept. 6, 1994

69

FIREST AMENDED CIVIL COMPLAINT CLASS ACTION [1−1] by plaintiffs (old) (Entered: 09/07/1994)

Sept. 6, 1994

Sept. 6, 1994

70

SECOND SUPPLEMENTAL AUTHORITIES to [67−1] by plaintiffs in opposition to motion to dismiss (old) (Entered: 09/07/1994)

Sept. 6, 1994

Sept. 6, 1994

71

TRANSCRIPT of proceeding hearing on 9/6/94 by C/R Richard Fong (ndd) (Entered: 09/15/1994)

Sept. 15, 1994

Sept. 15, 1994

72

BRIEF by plaintiffs on standing and mootness [68−1] (old) (Entered: 09/21/1994)

Sept. 20, 1994

Sept. 20, 1994

73

LETTER to court from counsel for defendants regarding [72−1] the letter brief filed in opposition to their earlier arguments on the issues of standing and mootness (old) (Entered: 09/23/1994)

Sept. 22, 1994

Sept. 22, 1994

74

ORDER by Honorable Lawrence K Karlton ORDERING that plaintiffs' motion for leave to file amended complaint [39−1] is GRANTED; plaintiffs' motion for class certification [43−1] is TAKEN UNDER SUBMISSION pending further briefing on the jurisdictional issues; defendants' motion to dismiss the amended complaint [60−1] is DENIED (cc: all counsel) (ndd) (Entered: 11/14/1994)

Nov. 14, 1994

Nov. 14, 1994

75

ANSWER by defendants State of CA, Pete Wilson, James Gomez, Joe Sandoval, Craig L Brown, Judith A McGillivray to first amended complaint (kb) (Entered: 11/30/1994)

Nov. 28, 1994

Nov. 28, 1994

76

ORDER by Honorable Lawrence K Karlton defendants' objections to class certification on standing and mootness grounds are rejected; pursuant to this court's order file 11/14/94, a class is hereby certified under Rule 23(b)(2), consisting of: (1) California parolees at large; (2) California parolees in custody, as alleged parole violators, and who are awaiting revocation of their state parole; and (3) California parolees who are in custody having been found in violation of parole and who have been thereupon sentenced to prison custody [43−1] (cc: all counsel) (old) (Entered: 12/01/1994)

Dec. 1, 1994

Dec. 1, 1994

77

DEFENDANTS' NOTICE of automatic substitution of party Michael Connolly substituted for dft Judith McGillivray pursuant to rule 25 of the Federal Rules of civil procedure (old) Modified on 11/03/1995 (Entered: 12/12/1994)

Dec. 9, 1994

Dec. 9, 1994

LODGED Stipulation re no purging of documents pending completion of discovery of by plaintiffs (kb) (Entered: 03/20/1995)

March 16, 1995

March 16, 1995

LODGED STIPULATION EXTENSION of time to produce documents and response to request for production of documents by defendants (old) (Entered: 03/23/1995)

March 21, 1995

March 21, 1995

80

STIPULATION to extend time to and including 5/3/95 w/i which for pltfs to respond to interrogatories propounded by dfts (old) (Entered: 03/29/1995)

March 27, 1995

March 27, 1995

79

STIPULATION AND ORDER by Magistrate Judge Gregory G. Hollows granting lodged extension of time to 4/10/95 for defendants to serve responses to second request for production [0−0] (cc: all counsel) (old) (Entered: 03/29/1995)

March 29, 1995

March 29, 1995

81

STIPULATION AND ORDER by Magistrate Judge Gregory G Hollows ORDERING that there will be no purging of documents re this action pending the completion of discovery (cc: all counsel) (old) (Entered: 04/12/1995)

April 12, 1995

April 12, 1995

LODGED Stipulation of parties for extension of time to complete discovery; AND motions to continuance of trail date by plaintiff Steven G Williams (old) (Entered: 08/23/1995)

Aug. 18, 1995

Aug. 18, 1995

LODGED Order Scheduling Further Status Conference submitted by V Sult (old) (Entered: 09/25/1995)

Sept. 22, 1995

Sept. 22, 1995

83

STIPULATION of parties: scheduling of further status condrence; extension of time to complete discovery and continuance of trial date (old) (Entered: 09/26/1995)

Sept. 22, 1995

Sept. 22, 1995

84

ORDER by Honorable Lawrence K. Karlton pretrial conference set for 11:30 10/16/95 (cc: all counsel) (old) (Entered: 09/26/1995)

Sept. 26, 1995

Sept. 26, 1995

86

MINUTES of Status Conference before Honorable Lawrence K. Karlton , pretrial conference set for 3:00 12/9/96 trial set for 10:00 3/4/97 Court order to follow (old) (Entered: 10/20/1995)

Oct. 16, 1995

Oct. 16, 1995

85

ORDER by Honorable Lawrence K. Karlton pretrial conference set for 3:00 12/9/96 jury trial set for 10:00 3/4/97 motion filing ddl set for 4/30/96 discovery ddl set for 5/30/96 (cc: all counsel) (old) (Entered: 10/18/1995)

Oct. 18, 1995

Oct. 18, 1995

87

NOTICE by defendants State of California, Pete Wilson, Joe Sandoval, Craig L Brown, James Gomez and Michael Connolly regarding substitution of Tom Maddock in place of dft Brown pursuant to Federal Rules of Civil Procedure, Rule 25(d) (kb) (Entered: 11/03/1995)

Nov. 1, 1995

Nov. 1, 1995

88

STIPULATION to extend time within which defendants may respond to plaintiff's thir request for documents (old) (Entered: 01/04/1996)

Jan. 3, 1996

Jan. 3, 1996

89

MOTION by attorney Stephen J Perrello, Jr to seal his motion to withdraw as counsel for Vincent Cervantes motion not noticed before Honorable Lawrence K. Karlton (old) (Entered: 03/26/1996)

March 25, 1996

March 25, 1996

90

MOTION by attorney Stephen J Perrello, Jr for leave to withdraw as attorneys of record of Vincent Cervantes motion not noticed before Honorable Lawrence K. Karlton (old) (Entered: 03/26/1996)

March 25, 1996

March 25, 1996

91

PROPOSED NOTICE of change of attorneys by attorney Stephen J Perrello representing plaintiff Vincent Cervantes (old) (Entered: 03/26/1996)

March 25, 1996

March 25, 1996

LODGED possibly to be sealed document by attorney for plaintiff Vincent Cervantes (old) (Entered: 03/26/1996)

March 25, 1996

March 25, 1996

LODGED second amended complaint by plaintiff Steven G Williams, plaintiff Vincent Cervantes (old) (Entered: 03/26/1996)

March 25, 1996

March 25, 1996

LODGED order sealing declaration (old) (Entered: 03/26/1996)

March 25, 1996

March 25, 1996

LODGED order granting motion to withdraw as attorneys by attorney for plaintiff Vincent Cervantes (old) (Entered: 03/26/1996)

March 25, 1996

March 25, 1996

LODGED order directing filing of pltfs' second amended complaint by plaintiff Vincent Cervantes (old) (Entered: 03/26/1996)

March 25, 1996

March 25, 1996

LODGED dfts' consent to pltfs filing of second amended complaint (old) (Entered: 03/26/1996)

March 25, 1996

March 25, 1996

Case Details

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: 1994

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All California parolees, either at large, in custody and awaiting revocation or in custody after being found in violation of parole.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prison Law Office

Rosen, Bien, Galvan & Grunfeld

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Corrections, State

California Board of Prison Terms, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Any published opinion

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: 2002 - 0

Issues

General:

Parole grant/revocation