Case: Prison Legal News v. Schwarzenegger

4:07-cv-02058 | U.S. District Court for the Northern District of California

Filed Date: April 12, 2007

Clearinghouse coding complete

Case Summary

On April 12, 2007, Prison Legal News, a non-profit organization that published materials of interest to inmates, filed a lawsuit in the United States District Court for the Northern District of California under 42 U.S.C. § 1983. The plaintiff claimed that the California Department of Corrections and Rehabilitation (CDCR) engaged in unlawful censorship policies and practices in violation of the First and Fourteenth Amendment. Specifically, the plaintiff alleged that the CDCR prohibited the deli…

On April 12, 2007, Prison Legal News, a non-profit organization that published materials of interest to inmates, filed a lawsuit in the United States District Court for the Northern District of California under 42 U.S.C. § 1983. The plaintiff claimed that the California Department of Corrections and Rehabilitation (CDCR) engaged in unlawful censorship policies and practices in violation of the First and Fourteenth Amendment. Specifically, the plaintiff alleged that the CDCR prohibited the delivery of the plaintiff's monthly newsletter and other publications to certain inmates because of arbitrary censorship regulations.

The plaintiff and the CDCR reached a private settlement of the case prior to the filing of the lawsuit. The settlement specified that the plaintiff's attorneys reserved their right to pursue claims for fees and costs for work related to the agreement. The settlement was filed in U.S. District Court, which retained jurisdiction to enforce the terms of the agreement and to determine reasonable fees and costs.

According to the Settlement Agreement, the CDCR agreed to change its policies regarding incoming and outgoing mail and to notify publishers when it excluded any publications from its prisons. The CDCR also agreed to carry subscriptions to the plaintiff's monthly newsletter in all of the 157 prison libraries in the CDCR for 5 years. CDCR agreed to pay the sum of $65,100 to cover the cost of the 5 year subscription, with the remainder constituting monetary damages. CDCR also agreed to pay reasonable costs and attorney's fees to the plaintiff. At that time, the parties stipulated that the plaintiff was entitled to $320,000 in attorneys' fees. On September 5, 2007, the District Court (Judge Claudia Wilken) issued an order confirming the agreed upon $320,000 for attorneys' fees accrued by the plaintiff through December 11, 2006.

However, CDCR opposed the plaintiff's request for attorneys' fees and costs for work performed after the agreement was executed. The plaintiff subsequently moved for $137,672.79 in fees and costs for work performed after the settlement was signed, including compliance monitoring from December 12, 2006, through August 31, 2007. On April 10, 2008, the Court ordered CDCR to pay the plaintiff $137, 672.79 in attorneys' fees and closed the case. However, the plaintiff filed a second motion for attorneys' fees and costs in October 2008. On December 5, 2008, the Court ordered CDCR to pay the plaintiff $137,502.46 in attorneys' fees accrued from September 1, 2007, through October 15, 2008. CDCR appealed and the Ninth Circuit upheld the fee award on June 9, 2010.

The Ninth Circuit held that under the terms of the agreement, the plaintiff could properly seek fees for monitoring compliance with the settlement, including "reviewing and responding to letters from inmates in CDCR institutions complaining about access to published materials." Prison Legal News v. Schwarzenegger, 608 F.3d 446, 453 (9th Cir. 2010). The Court of Appeals upheld the full award of $137,502.46 in attorneys' fees and costs.

The plaintiff subsequently moved for additional fees and costs several times, all of which have been granted by the Court.

Summary Authors

Dan Dalton (4/16/2007)

Jessica Kincaid (11/4/2013)

Related Cases

Ashker v. California Department of Corrections, Northern District of California (1997)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4166728/parties/prison-legal-news-v-schwarzenegger/


Judge(s)

O'Scannlain, Diarmuid Fionntain (Oregon)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Galvan, Ernest (California)

Lang, Megan Regina (California)

Morris, Maria V (California)

O'Brien, Jillian Renee (California)

Rosen, Sanford Jay (California)

Thompson, Blake (California)

Whelan, Amy E. (California)

Attorneys(s) for Defendant

Brinkman, Emily L. (California)

Judge(s)

O'Scannlain, Diarmuid Fionntain (Oregon)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Galvan, Ernest (California)

Lang, Megan Regina (California)

Morris, Maria V (California)

O'Brien, Jillian Renee (California)

Rosen, Sanford Jay (California)

Thompson, Blake (California)

Whelan, Amy E. (California)

Attorneys(s) for Defendant

Brinkman, Emily L. (California)

Jorgenson, Michael W. (California)

Kwong, William C (California)

Weader, Jillian R. (California)

Documents in the Clearinghouse

Document

Docket

Dec. 21, 2012 Docket

Settlement Agreement

Dec. 11, 2006 Settlement Agreement
1

Complaint for Declaratory and Injunctive Relief Under the Civil Rights Act 42 U.S.C. § 1983 and Damages

April 12, 2007 Complaint
20

Stipulated Order Confirming Attorney's Fees and Costs

Aug. 23, 2007 Order/Opinion
35

Order Granting in Part Plaintiff's Motion for Recovery of Fees and Establishment of a Semi-Annual Fee Process

561 F.Supp.2d 1095

April 10, 2008 Order/Opinion
52

Order Granting in Part and Denying in Part Plaintiff's Motion for Recovery of Attorneys' Fees and Costs

Dec. 5, 2008 Order/Opinion
59

Opinion

U. S. Court of Appeals for the Ninth Circuit

608 F.3d 446

June 9, 2010 Order/Opinion
78

Stipulation and Order Re: Settlement of Plaintiff's Motion for Attorneys' Fees and Costs

Dec. 22, 2010 Order/Opinion
87

Stipulation and Order Re: Settlement of Plaintiff's Motion for Attorney's Fees and Costs

July 18, 2012 Order/Opinion

Resources

Title Description External URL

Prison Legal News Homepage

Prison Legal News

Prison Legal News (PLN), a project of the non-profit Human Rights Defense Center, is a 72-page monthly magazine that reports on criminal justice issues and prison and jail-related civil litigation, w… https://www.prisonlegalnews.org/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4166728/prison-legal-news-v-schwarzenegger/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT /issued summons against Scott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler ( Filing fee $ 350,receipt number 44611000593.). Filed byPrison Legal News. (ga, COURT STAFF) (Filed on 4/12/2007) Additional attachment(s) added on 5/14/2007 (cp, COURT STAFF). (Entered: 04/17/2007)

April 12, 2007 PACER
2

ADR SCHEDULING ORDER: Case Management Statement due by 7/12/2007. Case Management Conference set for 7/19/2007 10:00 AM.. Signed by Judge Maria-Elena James on 4/12/07. (Attachments: # 1 Judge Standing Order# 2 Court Standing Order# 3 Consent/Decline Form)(ga, COURT STAFF) (Filed on 4/12/2007) (Entered: 04/17/2007)

April 12, 2007 PACER

CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 4/12/2007)

April 12, 2007 PACER
3

Certificate of Interested Entities re 1 Complaint, (ga, COURT STAFF) (Filed on 4/12/2007) Additional attachment(s) added on 5/14/2007 (cp, COURT STAFF). (Entered: 04/17/2007)

April 12, 2007 PACER
4

CERTIFICATE OF SERVICE by Prison Legal News of a Motion filed in another case re Related Cases (ga, COURT STAFF) (Filed on 4/12/2007) Additional attachment(s) added on 5/14/2007 (cp, COURT STAFF). (Entered: 04/17/2007)

April 12, 2007 PACER
5

ORDER RELATING CASE. Case reassigned to Judge Claudia Wilken for all further proceedings. Judge Maria-Elena James no longer assigned to the case.. Signed by Judge Claudia Wilken on 4/20/07. (cp, COURT STAFF) (Filed on 4/20/2007) (Entered: 04/23/2007)

April 20, 2007 PACER
6

CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE; Initial Case Management Conference set for 7/24/2007 02:00 PM.. Signed by Judge Claudia Wilken on 4/23/07. (cp, COURT STAFF) (Filed on 4/23/2007) (Entered: 04/23/2007)

April 23, 2007 RECAP
7

CERTIFICATE OF SERVICE by Prison Legal News re 6 Order, Set Hearings (Lang, Meghan) (Filed on 4/23/2007) (Entered: 04/23/2007)

April 23, 2007 PACER
8

WAIVER of Service Executed by James E. Tilton. (Brinkman, Emily) (Filed on 6/8/2007) Modified on 6/11/2007 (cp, COURT STAFF). (Entered: 06/08/2007)

June 8, 2007 PACER
9

ANSWER to Complaint and Demand for Jury Trial byJames E. Tilton. (Brinkman, Emily) (Filed on 6/8/2007) (Entered: 06/08/2007)

June 8, 2007 PACER
10

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Whelan, Amy) (Filed on 6/28/2007) (Entered: 06/28/2007)

June 28, 2007 PACER
11

*** FILED IN ERROR. PLEASE SEE DOCKET # 12 . *** WAIVER OF SERVICE Returned Executed filed by Scott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Brinkman, Emily) (Filed on 7/12/2007) Modified on 7/13/2007 (ewn, COURT STAFF). (Entered: 07/12/2007)

July 12, 2007 PACER
12

WAIVER OF SERVICE RETURNED EXECUTED by Scott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, Kingston Prunty, Steve Kessler. (Brinkman, Emily) (Filed on 7/12/2007) Modified on 7/13/2007 (cp, COURT STAFF). (Entered: 07/12/2007)

July 12, 2007 PACER
13

JOINT CASE MANAGEMENT STATEMENT filed by Prison Legal News. (Whelan, Amy) (Filed on 7/13/2007) (Entered: 07/13/2007)

July 13, 2007 PACER
14

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 9/25/2007 02:00 PM. (scc, COURT STAFF) (Filed on 7/18/2007) (Entered: 07/18/2007)

July 18, 2007 PACER
15

Letter from Gary Hallford. (cp, COURT STAFF) (Filed on 7/24/2007) (Entered: 07/30/2007)

July 24, 2007 PACER
16

ANSWER to Complaint and Demand for Jury Trial byScott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Brinkman, Emily) (Filed on 8/3/2007) (Entered: 08/03/2007)

Aug. 3, 2007 PACER
17

STIPULATION and Request for Dismissal without Prejudice and for an Order Directing the Clerk Not to Close the Case by Prison Legal News. (Attachments: # 1 Exhibit A)(Whelan, Amy) (Filed on 8/22/2007) (Entered: 08/22/2007)

Aug. 22, 2007 PACER
18

Proposed Order re 17 Stipulation of Dismissal without Prejudice and Direction to the Clerk Not to Close the Case by Prison Legal News. (Whelan, Amy) (Filed on 8/22/2007) Modified on 8/23/2007 (cp, COURT STAFF). (Entered: 08/22/2007)

Aug. 22, 2007 PACER
19

***FILED IN ERROR, SEE DOCUMENT # 20 *** STIPULATION Stipulated Order Confirming Attorney's Fees and Costs by Scott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Brinkman, Emily) (Filed on 8/23/2007) Modified on 8/24/2007 (cp, COURT STAFF). (Entered: 08/23/2007)

Aug. 23, 2007 PACER
20

Stipulated and Proposed Order Confirming Attorney's Fees and Costs, CORRECTION OF DOCKET #19 by Scott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Brinkman, Emily) (Filed on 8/23/2007) Modified on 8/24/2007 (cp, COURT STAFF). (Entered: 08/23/2007)

Aug. 23, 2007 PACER
21

ORDER re 17 Granting STIPULATION and Request for Dismissal without Prejudice and for an Order Directing the Clerk Not to Close the Case. Case Management Conference set for 11/27/2007 02:00 PM.. Signed by Judge Claudia Wilken on 8/24/07. (scc, COURT STAFF) (Filed on 8/24/2007) (Entered: 08/24/2007)

Aug. 24, 2007 RECAP
22

ORDER re 20 granting Stipulation Confirming Attorney's Fees and Costs. Signed by Judge Claudia Wilken on 9/5/07. (scc, COURT STAFF) (Filed on 9/5/2007) (Entered: 09/05/2007)

Sept. 5, 2007 RECAP
23

MOTION for Attorney Fees And Expenses and To Establish A Semi-Annual Fees Process filed by Prison Legal News. Motion Hearing set for 11/29/2007 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Whelan, Amy) (Filed on 10/9/2007) (Entered: 10/09/2007)

Oct. 9, 2007 PACER
24

Declaration of Richard M. Pearl in Support of 23 MOTION for Attorney Fees And Expenses and To Establish A Semi-Annual Fees Process filed byPrison Legal News. (Related document(s) 23 ) (Whelan, Amy) (Filed on 10/9/2007) (Entered: 10/09/2007)

Oct. 9, 2007 PACER
25

Declaration of Sanford Jay Rosen in Support of 23 MOTION for Attorney Fees And Expenses and To Establish A Semi-Annual Fees Process And Exs. 1-7 filed byPrison Legal News. (Attachments: # 1 Exhibit Exhibits 8-20)(Related document(s) 23 ) (Whelan, Amy) (Filed on 10/9/2007) (Entered: 10/09/2007)

Oct. 9, 2007 PACER
26

Proposed Order re 23 MOTION for Attorney Fees And Expenses and To Establish A Semi-Annual Fees Process by Prison Legal News. (Whelan, Amy) (Filed on 10/9/2007) (Entered: 10/09/2007)

Oct. 9, 2007 PACER
27

CLERK'S NOTICE TAKING MOTION UNDER SUBMISSION. 11/29/07 hearing is vacated. (scc, COURT STAFF) (Filed on 10/10/2007) (Entered: 10/10/2007)

Oct. 10, 2007 PACER
28

Memorandum in Opposition re 23 MOTION for Attorney Fees And Expenses and To Establish A Semi-Annual Fees Process filed byScott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Brinkman, Emily) (Filed on 11/8/2007) (Entered: 11/08/2007)

Nov. 8, 2007 PACER
29

Declaration of John L. Trunko in Support of 28 Memorandum in Opposition, filed byScott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D-1# 5 Exhibit D-2# 6 Errata E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L-1# 14 Exhibit L-2# 15 Exhibit L-3# 16 Exhibit L-4# 17 Exhibit L-5# 18 Exhibit L-6# 19 Exhibit M# 20 Exhibit N# 21 Exhibit O)(Related document(s) 28 ) (Brinkman, Emily) (Filed on 11/8/2007) (Entered: 11/08/2007)

Nov. 8, 2007 PACER
30

Declaration of Michael W. Jorgenson in Support of 28 Memorandum in Opposition, filed byScott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Related document(s) 28 ) (Brinkman, Emily) (Filed on 11/8/2007) (Entered: 11/08/2007)

Nov. 8, 2007 PACER
31

JOINT CASE MANAGEMENT STATEMENT filed by Scott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Brinkman, Emily) (Filed on 11/13/2007) (Entered: 11/13/2007)

Nov. 13, 2007 PACER
32

Reply Memorandum re 23 MOTION for Attorney Fees And Expenses and To Establish A Semi-Annual Fees Process Reply in Support filed byPrison Legal News. (Rosen, Sanford) (Filed on 11/15/2007) (Entered: 11/15/2007)

Nov. 15, 2007 PACER
33

Reply Declaration of Sanford Jay Rosen in Support of 23 MOTION for Attorney Fees And Expenses and To Establish A Semi-Annual Fees Process filed byPrison Legal News. (Related document(s) 23 ) (Rosen, Sanford) (Filed on 11/15/2007) Modified on 11/16/2007 (cp, COURT STAFF). (Entered: 11/15/2007)

Nov. 15, 2007 PACER
34

Minute Entry: Initial Case Management Conference held on 11/27/2007 before Claudia Wilken (Date Filed: 11/27/2007). (Court Reporter Diane Skillman.) (scc, COURT STAFF) (Date Filed: 11/27/2007) (Entered: 11/29/2007)

Nov. 27, 2007 PACER
35

ORDER by Judge Claudia Wilken granting in part 23 Motion for Recovery of Fees and Establishment of a Semi-Annual Fee Process (scc, COURT STAFF) (Filed on 4/10/2008) (Entered: 04/10/2008)

April 10, 2008 PACER
36

ORDER ADMINISTRATIVELY CLOSING CASE. Signed by Judge CLAUDIA WILKEN on 4/10/08. (scc, COURT STAFF) (Filed on 4/10/2008) (Entered: 04/10/2008)

April 10, 2008 RECAP
37

Request to Publish Court's re 35 Order on Motion for Attorney Fees by Prison Legal News(Rosen, Sanford) (Filed on 5/22/2008) Modified on 5/23/2008 (cp, COURT STAFF). (Entered: 05/22/2008)

May 22, 2008 PACER
38

ORDER re 37 denying Request to Publish Court's re 35 Order on Motion for Attorney Fees. Signed by Judge Claudia Wilken on 6/10/08. (scc, COURT STAFF) (Filed on 6/10/2008) (Entered: 06/10/2008)

June 10, 2008 RECAP
39

Second MOTION for Attorney Fees and Costs and Notice of Motion filed by Prison Legal News. Motion Hearing set for 11/20/2008 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Rosen, Sanford) (Filed on 10/16/2008) (Entered: 10/16/2008)

Oct. 16, 2008 PACER
40

Declaration of Sanford Jay Rosen in Support of 39 Second MOTION for Attorney Fees and Costs and Notice of Motion with Exhibits 1-11 filed byPrison Legal News. (Related document(s) 39 ) (Rosen, Sanford) (Filed on 10/16/2008) (Entered: 10/16/2008)

Oct. 16, 2008 PACER
41

EXHIBITS re 40 Declaration in Support Exhibits 12-21 to Rosen Declaration filed byPrison Legal News. (Related document(s) 40 ) (Rosen, Sanford) (Filed on 10/16/2008) (Entered: 10/16/2008)

Oct. 16, 2008 PACER
42

NOTICE of Filing Copy of Richard M. Pearl Declaration by Prison Legal News re 39 Second MOTION for Attorney Fees and Costs (Rosen, Sanford) (Filed on 10/16/2008) Modified on 10/17/2008 (kc, COURT STAFF). (Entered: 10/16/2008)

Oct. 16, 2008 PACER
43

Proposed Order re 39 Second MOTION for Attorney Fees and Costs and Notice of Motion Proposed Order Granting Second Motion by Prison Legal News. (Rosen, Sanford) (Filed on 10/16/2008) (Entered: 10/16/2008)

Oct. 16, 2008 PACER
44

OBJECTIONS TO PLAINTIFFS SECOND MOTION FOR REASONABLE ATTORNEYS FEES AND COSTS filed byLe Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Attachments: # 1 Exhibit A)(Brinkman, Emily) (Filed on 10/30/2008) Modified on 10/31/2008 (cp, COURT STAFF). (Entered: 10/30/2008)

Oct. 30, 2008 PACER
45

Declaration of EMILY L. BRINKMAN in Support of 44 filed byLe Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Related document(s) 44 ) (Brinkman, Emily) (Filed on 10/30/2008) Modified on 10/31/2008 (cp, COURT STAFF). (Entered: 10/30/2008)

Oct. 30, 2008 PACER
46

Reply in support of re 39 Second MOTION for Attorney Fees and Costs and Notice of Motion filed byPrison Legal News. (Rosen, Sanford) (Filed on 11/6/2008) Modified on 11/7/2008 (cp, COURT STAFF). (Entered: 11/06/2008)

Nov. 6, 2008 PACER
47

Declaration of Sanford Jay Rosen in Support of Second Motion for Reasonable Attorney's Fees and Costs, with Exhibits 1-2, filed byPrison Legal News. (Rosen, Sanford) (Filed on 11/6/2008) Modified on 11/7/2008 (cp, COURT STAFF). (Entered: 11/06/2008)

Nov. 6, 2008 PACER
48

CLERKS NOTICE TAKING MOTION UNDER SUBMISSION. 11/20/08 hearing is vacated. (scc, COURT STAFF) (Filed on 11/6/2008) (Entered: 11/06/2008)

Nov. 6, 2008 PACER
49

SUR-REPLY TO PLAINTIFFS REPLY IN SUPPORT OF SECOND MOTION FOR ATTORNEYS FEES AND COSTS filed byLe Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Brinkman, Emily) (Filed on 11/20/2008) Modified on 11/21/2008 (cp, COURT STAFF). (Entered: 11/20/2008)

Nov. 20, 2008 PACER
50

Declaration of EMILY L. BRINKMAN in Support of 49 Sur-Reply filed byLe Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Attachments: # 1 Exhibit A)(Related document(s) 49 ) (Brinkman, Emily) (Filed on 11/20/2008) Modified on 11/21/2008 (cp, COURT STAFF). (Entered: 11/20/2008)

Nov. 20, 2008 PACER
51

Request for Leave to File Opposition and Opposition to Defendants' 49 Sur-Reply re 39 Second MOTION for Attorney Fees filed byPrison Legal News. (Rosen, Sanford) (Filed on 11/24/2008) Modified on 11/25/2008 (cp, COURT STAFF). (Entered: 11/24/2008)

Nov. 24, 2008 PACER
52

ORDER by Judge Claudia Wilken granting in part and denying in part 39 PLAINTIFFS MOTION FOR RECOVERY OF ATTORNEYS FEES AND COSTS (scc, COURT STAFF) (Filed on 12/5/2008) (Entered: 12/05/2008)

Dec. 5, 2008 RECAP
53

NOTICE OF APPEAL as to 52 Order on Motion for Attorney Fees by Scott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. Filing fee $455, Receipt No. 44611002997.(kc, COURT STAFF) (Filed on 12/31/2008) (Entered: 01/02/2009)

Dec. 31, 2008 PACER
54

Representation Statement re 53 Notice of Appeal by Scott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (kc, COURT STAFF) (Filed on 12/31/2008) (Entered: 01/02/2009)

Dec. 31, 2008 PACER
55

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 53 Notice of Appeal (kc, COURT STAFF) (Filed on 1/2/2009) (kc, COURT STAFF). (Entered: 01/02/2009)

Jan. 2, 2009 PACER

Copy of Notice of Appeal and Docket sheet mailed to all counsel. (kc, COURT STAFF) (Filed on 1/2/2009)

Jan. 2, 2009 PACER
56

USCA Case Number 09-15006 Ninth Circuit Court of Appeals for 53 Notice of Appeal, filed by James E. Tilton, Marisela Montes, Steve Kessler, Arnold Schwarzenegger, Kingston Prunty, Le Ann Chrones, Scott Kernan. (Attachments: # 1 USCA Time Scheduling Order)(kk, COURT STAFF) (Filed on 1/6/2009) (Entered: 01/06/2009)

Jan. 6, 2009 PACER
57

TRANSCRIPT DESIGNATION AND ORDERING FORM by Scott Kernan, Le Ann Chrones, Marisela Montes, Arnold Schwarzenegger, James E. Tilton, Kingston Prunty, Steve Kessler. (Brinkman, Emily) (Filed on 1/12/2009) (Entered: 01/12/2009)

Jan. 12, 2009 PACER
58

Certificate of Record Mailed to USCA re appeal 53 Notice of Appeal, : (cp, COURT STAFF) (Filed on 1/13/2009) (Entered: 01/13/2009)

Jan. 13, 2009 PACER
59

USCA Opinion as to 53 Notice of Appeal, filed by James E. Tilton, Marisela Montes, Steve Kessler, Arnold Schwarzenegger, Kingston Prunty, Le Ann Chrones, Scott Kernan (kk, COURT STAFF) (Filed on 6/9/2010) (Entered: 06/10/2010)

June 9, 2010 PACER
60

ORDER of USCA Denying Petition for Rehearing En Banc as to 53 Notice of Appeal, filed by James E. Tilton, Marisela Montes, Steve Kessler, Arnold Schwarzenegger, Kingston Prunty, Le Ann Chrones, Scott Kernan (cp, COURT STAFF) (Filed on 7/21/2010) (Entered: 07/21/2010)

July 21, 2010 PACER
61

MANDATE of USCA as to 53 Notice of Appeal, filed by James E. Tilton, Marisela Montes, Steve Kessler, Arnold Schwarzenegger, Kingston Prunty, Le Ann Chrones, Scott Kernan. Costs awarded to appellee in the amount of $352.80. (vlk, COURT STAFF) (Filed on 8/3/2010) (Entered: 08/03/2010)

Aug. 3, 2010 PACER
62

CLERKS Letter Spreading Mandate to Counsel (vlk, COURT STAFF) (Filed on 8/3/2010) (Entered: 08/03/2010)

Aug. 3, 2010 PACER
63

ORDER Requiring Further Briefing on the Court's Decision Not To Terminate Jurisdiction. Signed by Judge Claudia Wilken on 08/04/10. (cwlc3, COURT STAFF) (Filed on 8/4/2010) (Entered: 08/04/2010)

Aug. 4, 2010 RECAP
64

ORDER of USCA granting plaintiff-appellee's motion to transfer attorneys' fees and expenses to District Court re 53 Notice of Appeal. (cp, COURT STAFF) (Filed on 8/10/2010) (Entered: 08/10/2010)

Aug. 10, 2010 PACER
65

MOTION for Attorney Fees and Expenses Incurred on Appeal filed by Prison Legal News. Motion Hearing set for 10/7/2010 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Galvan, Ernest) (Filed on 8/23/2010) Modified on 8/24/2010 (cp, COURT STAFF). (Entered: 08/23/2010)

Aug. 23, 2010 PACER
66

Declaration of Sanford Jay Rosen in Support of 65 MOTION for Attorney Fees and Expenses Incurred on Appeal filed byPrison Legal News. (Related document(s) 65 ) (Rosen, Sanford) (Filed on 8/23/2010) Modified on 8/24/2010 (cp, COURT STAFF). (Entered: 08/23/2010)

Aug. 23, 2010 PACER
67

Notice of Filing Endorsed Copy of Declaration of Richard M. Pearl in Support of 65 MOTION for Attorney Fees filed byPrison Legal News. (Related document(s) 65 ) (Galvan, Ernest) (Filed on 8/23/2010) Modified on 8/24/2010 (cp, COURT STAFF). (Entered: 08/23/2010)

Aug. 23, 2010 PACER
68

Notice of Filling Endorsed Copy of Declaration of Alan B. Exelrod in Support of 65 MOTION for Attorney Fees filed byPrison Legal News. (Related document(s) 65 ) (Galvan, Ernest) (Filed on 8/23/2010) Modified on 8/24/2010 (cp, COURT STAFF). (Entered: 08/23/2010)

Aug. 23, 2010 PACER
69

Notice of Filing Endorsed Copy of Declaration of David S. Steuer in Support of 65 MOTION for Attorney Fees filed byPrison Legal News. (Related document(s) 65 ) (Galvan, Ernest) (Filed on 8/23/2010) Modified on 8/24/2010 (cp, COURT STAFF). (Entered: 08/23/2010)

Aug. 23, 2010 PACER
70

Notice of Filing Endorsed Copy of Declaration of Edward P. Sangster in Support of 65 MOTION for Attorney Fees filed byPrison Legal News. (Related document(s) 65 ) (Galvan, Ernest) (Filed on 8/23/2010) Modified on 8/24/2010 (cp, COURT STAFF). (Entered: 08/23/2010)

Aug. 23, 2010 PACER
71

Notice of Filing Endorsed Copy of Declaration of James W. Morando in Support of 65 MOTION for Attorney Fees filed byPrison Legal News. (Related document(s) 65 ) (Galvan, Ernest) (Filed on 8/23/2010) Modified on 8/24/2010 (cp, COURT STAFF). (Entered: 08/23/2010)

Aug. 23, 2010 PACER
72

Notice of Filing Endorsed Copy of Declaration of Jon B. Streeter in Support of 65 MOTION for Attorney Fees filed byPrison Legal News. (Related document(s) 65 ) (Galvan, Ernest) (Filed on 8/23/2010) Modified on 8/24/2010 (cp, COURT STAFF). (Entered: 08/23/2010)

Aug. 23, 2010 PACER
73

Notice of Filing Endorsed Copy of Declaration of Thomas V. Loran III in Support of 65 MOTION for Attorney Fees filed byPrison Legal News. (Related document(s) 65 ) (Galvan, Ernest) (Filed on 8/23/2010) Modified on 8/24/2010 (cp, COURT STAFF). (Entered: 08/23/2010)

Aug. 23, 2010 PACER
74

Notice of Filing Endorsed Copy of Declaration of Sidney M. Wolinsky in Support of 65 MOTION for Attorney Fees filed byPrison Legal News. (Related document(s) 65 ) (Galvan, Ernest) (Filed on 8/23/2010) Modified on 8/24/2010 (cp, COURT STAFF). (Entered: 08/23/2010)

Aug. 23, 2010 PACER
75

Proposed Order re 65 MOTION for Attorney Fees and Expenses Incurred on Appeal by Prison Legal News. (Galvan, Ernest) (Filed on 8/23/2010) Modified on 8/24/2010 (cp, COURT STAFF). (Entered: 08/23/2010)

Aug. 23, 2010 PACER
76

STIPULATION and [Proposed] Order to Continue Hearing on Plaintiff's Third Motion for Attorneys' Fees and Costs by Le Ann Chrones, Steve Kessler, Marisela Montes, Kingston Prunty, Arnold Schwarzenegger, James E. Tilton, Prison Legal News. (Attachments: # 1 Certificate of Service)(Brinkman, Emily) (Filed on 9/9/2010) Modified on 9/10/2010 (kc, COURT STAFF). (Entered: 09/09/2010)

Sept. 9, 2010 PACER
77

ORDER re 76 Granting Stipulation to Continue Hearing on Plaintiff's Third Motion for Attorneys' Fees and Costs; Except that the hearing is vacated; motion will be decided on the papers. Signed by Judge Claudia Wilken on 9/13/2010. (ndr, COURT STAFF) (Filed on 9/13/2010) Modified on 9/14/2010 (cp, COURT STAFF). (Entered: 09/13/2010)

Sept. 13, 2010 RECAP

***Deadlines terminated. 10/7/2010 hearing is vacated per 77 Order. (cp, COURT STAFF) (Filed on 9/14/2010)

Sept. 14, 2010 PACER
78

STIPULATION and Proposed Order Continuing Briefing Schedule re 65 MOTION for Attorney Fees and Expenses Incurred on Appeal by Prison Legal News. (Morris, Maria) (Filed on 9/28/2010) Modified on 9/29/2010 (kc, COURT STAFF). (Entered: 09/28/2010)

Sept. 28, 2010 PACER
79

ORDER re 78 Granting Stipulation Continuing Briefing Schedule re 65 MOTION for Attorney Fees and Expenses Incurred on Appeal. Signed by Judge Claudia Wilken on 10/4/2010. (ndr, COURT STAFF) (Filed on 10/4/2010) (Entered: 10/04/2010)

Oct. 4, 2010 RECAP
80

STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT OF PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND COSTS by Le Ann Chrones, Steve Kessler, Marisela Montes, Kingston Prunty, Arnold Schwarzenegger, James E. Tilton, Prison Legal News. (Brinkman, Emily) (Filed on 12/20/2010) Modified on 12/21/2010 (cp, COURT STAFF). (Entered: 12/20/2010)

Dec. 20, 2010 PACER
81

ORDER Granting 80 Stipulation RE SETTLEMENT OF PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND COSTS. Signed by Judge Claudia Wilken on 12/22/2010. (ndr, COURT STAFF) (Filed on 12/22/2010) (Entered: 12/22/2010)

Dec. 22, 2010 RECAP
82

MOTION for Attorney Fees filed by Prison Legal News. Motion Hearing set for 7/12/2012 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 5/29/2012. Replies due by 6/5/2012. (Attachments: # 1 Declaration of Sanford Jay Rosen in Support of Plaintiff's Motion for Reasonable Attorneys' Fees and Costs, # 2 Declaration of Lance Weber in Support of Plaintiff's Motion for Reasonable Attorneys' Fees and Costs, # 3 Declaration of Richard M. Pearl in Support of Plaintiff's Motion for Reasonable Attorneys' Fees and Costs, # 4 Declaration of Geoffrey M. Holtz in Support of Plaintiff's Motion for Reasonable Attorneys' Fees and Costs, # 5 Proposed Order)(Rosen, Sanford) (Filed on 5/14/2012) (Entered: 05/14/2012)

May 14, 2012 PACER

CLERKS NOTICE. Notice is hereby given that counsel must re-notice not re-file the 82 motion for attorney fees to a Thursday that the Court is available. Hearing date of Thursday, July 12, 2012, is vacated. (This is a text only docket entry, there is no document associated with this notice.) (ndr, COURT STAFF) (Filed on 5/15/2012)

May 15, 2012 PACER
83

STIPULATION WITH PROPOSED ORDER to Continue Hearing Date on 82 MOTION for Attorney Fees filed by Prison Legal News, Le Ann Chrones, Kingston Prunty, Steve Kessler, Marisela Montes. (Thompson, Blake) (Filed on 5/25/2012) Modified on 5/29/2012 (kc, COURT STAFF). (Entered: 05/25/2012)

May 25, 2012 RECAP
84

NOTICE of Change In Counsel by Jillian Renee Weader (Weader, Jillian) (Filed on 5/30/2012) (Entered: 05/30/2012)

May 30, 2012 PACER
85

Order granting in part and denying in part 83 Stipulation entered by Hon. Claudia Wilken. The stipulated briefing schedule is adopted, but the matter will be decided on the papers. The hearing is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 05/30/2012)

May 30, 2012 PACER
86

STIPULATION WITH PROPOSED ORDER re Settlement of Plaintiff's Motion for Attorneys' Fees and Costs filed by Le Ann Chrones, Steve Kessler, Marisela Montes, Kingston Prunty, Edmund G. Brown, Jr., Matthew Cate. (Weader, Jillian) (Filed on 7/16/2012) (Entered: 07/16/2012)

July 16, 2012 PACER
87

ORDER by Judge Claudia Wilken Granting 86 Stipulation Settlement of Plaintiff's 82 Motion for Attorneys' Fees and Cost. (ndr, COURT STAFF) (Filed on 7/18/2012) (Entered: 07/18/2012)

July 18, 2012 RECAP
88

NOTICE of Unavailability of Defendants' Counsel by Edmund G. Brown, Jr., Matthew Cate, Le Ann Chrones, Steve Kessler, Marisela Montes, Kingston Prunty Notice (Attachments: # 1 Certificate/Proof of Service)(Weader, Jillian) (Filed on 8/30/2012) Modified on 8/31/2012 (kc, COURT STAFF). (Entered: 08/30/2012)

Aug. 30, 2012 PACER
89

NOTICE by Edmund G. Brown, Jr., Matthew Cate, Le Ann Chrones, Steve Kessler, Marisela Montes, Kingston Prunty Notice of Unavailability of Defendants' Counsel (Attachments: # 1 Certificate/Proof of Service)(Weader, Jillian) (Filed on 12/21/2012) (Entered: 12/21/2012)

Dec. 21, 2012 RECAP
90

NOTICE of Change of Address by Blake Thompson (Thompson, Blake) (Filed on 9/28/2015) (Entered: 09/28/2015)

Sept. 28, 2015 PACER
91

NOTICE of Substitution of Counsel by Ernest James Galvan (Galvan, Ernest) (Filed on 11/1/2018) (Entered: 11/01/2018)

Nov. 1, 2018 PACER
92

NOTICE of Change of Address by Marc J. Shinn-Krantz (Shinn-Krantz, Marc) (Filed on 11/1/2018) (Entered: 11/01/2018)

Nov. 1, 2018 PACER

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: April 12, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit Washington charitable corporation petitioning to allow receipt of the publication "Prison Legal News" by CDCR prisoner subscribers

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Corrections and Rehabilitation (CDCR), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

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

Issues

General:

Mail

Type of Facility:

Government-run