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

Case Ongoing

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/


Documents in the Clearinghouse

Documents in this case

4:07-cv-02058

Docket

Dec. 21, 2012

Dec. 21, 2012

Docket

4:07-cv-02058

Settlement Agreement

Dec. 11, 2006

Dec. 11, 2006

Settlement Agreement
1

4:07-cv-02058

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

April 12, 2007

April 12, 2007

Complaint
20

4:07-cv-02058

Stipulated Order Confirming Attorney's Fees and Costs

Aug. 23, 2007

Aug. 23, 2007

Order/Opinion
35

4:07-cv-02058

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

April 10, 2008

April 10, 2008

Order/Opinion

561 F.Supp.2d 1095

52

4:07-cv-02058

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

Dec. 5, 2008

Dec. 5, 2008

Order/Opinion
59

09-15006

Opinion

U.S. Court of Appeals for the Ninth Circuit

June 9, 2010

June 9, 2010

Order/Opinion

608 F.3d 446

78

4:07-cv-02058

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

Dec. 22, 2010

Dec. 22, 2010

Order/Opinion
87

4:07-cv-02058

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

July 18, 2012

July 18, 2012

Order/Opinion

Resources

Docket

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

Last updated July 19, 2026, 5:47 a.m.

ECF Number Date Description Link
1 April 12, 2007

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)

Clearinghouse
2 April 12, 2007

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)

RECAP
3 April 12, 2007

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)

RECAP
4 April 12, 2007

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)

RECAP
April 12, 2007

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

5 April 20, 2007

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)

RECAP
6 April 23, 2007

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)

RECAP
7 April 23, 2007

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

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8 June 8, 2007

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)

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9 June 8, 2007

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

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10 June 28, 2007

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

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11 July 12, 2007

*** 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)

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12 July 12, 2007

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)

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13 July 13, 2007

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

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14 July 18, 2007

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)

RECAP
15 July 24, 2007

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

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16 Aug. 3, 2007

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)

RECAP
17 Aug. 22, 2007

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)

RECAP
18 Aug. 22, 2007

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)

RECAP
19 Aug. 23, 2007

***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)

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20 Aug. 23, 2007

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)

Clearinghouse
21 Aug. 24, 2007

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)

RECAP
22 Sept. 5, 2007

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)

RECAP
23 Oct. 9, 2007

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)

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24 Oct. 9, 2007

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)

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25 Oct. 9, 2007

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)

RECAP
26 Oct. 9, 2007

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)

RECAP
27 Oct. 10, 2007

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)

RECAP
28 Nov. 8, 2007

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)

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29 Nov. 8, 2007

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)

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30 Nov. 8, 2007

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)

RECAP
31 Nov. 13, 2007

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)

RECAP
32 Nov. 15, 2007

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)

RECAP
33 Nov. 15, 2007

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)

RECAP
34 Nov. 27, 2007

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)

RECAP
35 April 10, 2008

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)

Clearinghouse
36 April 10, 2008

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)

RECAP
37 May 22, 2008

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)

RECAP
38 June 10, 2008

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)

RECAP
39 Oct. 16, 2008

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)

RECAP
40 Oct. 16, 2008

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)

RECAP
41 Oct. 16, 2008

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)

RECAP
42 Oct. 16, 2008

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)

RECAP
43 Oct. 16, 2008

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)

RECAP
44 Oct. 30, 2008

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)

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45 Oct. 30, 2008

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)

RECAP
46 Nov. 6, 2008

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)

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47 Nov. 6, 2008

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)

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48 Nov. 6, 2008

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

RECAP
49 Nov. 20, 2008

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)

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50 Nov. 20, 2008

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)

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51 Nov. 24, 2008

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)

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52 Dec. 5, 2008

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)

Clearinghouse
53 Dec. 31, 2008

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)

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54 Dec. 31, 2008

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)

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55 Jan. 2, 2009

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)

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Jan. 2, 2009

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

56 Jan. 6, 2009

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)

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57 Jan. 12, 2009

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)

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58 Jan. 13, 2009

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

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59 June 9, 2010

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)

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60 July 21, 2010

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)

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61 Aug. 3, 2010

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)

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62 Aug. 3, 2010

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

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63 Aug. 4, 2010

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)

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64 Aug. 10, 2010

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)

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65 Aug. 23, 2010

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)

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66 Aug. 23, 2010

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)

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67 Aug. 23, 2010

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)

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68 Aug. 23, 2010

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)

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69 Aug. 23, 2010

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)

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70 Aug. 23, 2010

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)

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71 Aug. 23, 2010

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)

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72 Aug. 23, 2010

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)

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73 Aug. 23, 2010

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)

RECAP
74 Aug. 23, 2010

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)

RECAP
75 Aug. 23, 2010

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)

RECAP
76 Sept. 9, 2010

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)

RECAP
77 Sept. 13, 2010

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)

RECAP
Sept. 14, 2010

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

78 Sept. 28, 2010

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)

Clearinghouse
79 Oct. 4, 2010

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)

RECAP
80 Dec. 20, 2010

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)

RECAP
81 Dec. 22, 2010

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)

RECAP
82 May 14, 2012

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)

RECAP
May 15, 2012

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)

83 May 25, 2012

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)

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84 May 30, 2012

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

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85 May 30, 2012

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)

RECAP
86 July 16, 2012

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)

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87 July 18, 2012

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)

Clearinghouse
88 Aug. 30, 2012

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)

RECAP
89 Dec. 21, 2012

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)

RECAP
90 Sept. 28, 2015

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

RECAP
91 Nov. 1, 2018

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

RECAP
92 Nov. 1, 2018

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

RECAP
93 May 3, 2023

Letter dated 4/28/23 Alberto Villescas. (Attachments: # 1 Envelope)(hdj, COURT STAFF) (Filed on 5/3/2023) (Entered: 05/04/2023)

RECAP
94 May 25, 2023

NOTICE of Substitution of Counsel by Namrata Kotwani (Kotwani, Namrata) (Filed on 5/25/2023) (Entered: 05/25/2023)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: April 12, 2007

Case Ongoing: Yes

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

State

California Department of Corrections and Rehabilitation (CDCR)

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

Northern District of California 4:07-cv-02058

U.S. Court of Appeals for the Ninth Circuit 09-15006

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Mail

Recommended Citation