Case: Freitag v. Ayers

3:00-cv-02278 | U.S. District Court for the Northern District of California

Filed Date: June 27, 2000

Closed Date: 2010

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Case Summary

On June 27, 2000 a former female corrections officer at Pelican Bay State Prison filed a Title VII sexual harassment lawsuit in the U.S. District Court for the Northern District of California against the California Department of Corrections and Rehabilitation (“CDCR”) and several Pelican Bay officials. The plaintiff, represented by private counsel, sued under 42 U.S.C. § 1983 and Title VII of the Civil Rights Act, alleging that the CDCR and Pelican Bay had failed to remedy the sexually hostile environment created by prison inmates (which included a pervasive practice of inmate exhibitionist masturbation directed at female officers) in violation of her Title VII rights. The plaintiff further alleged that the Defendants had then retaliated against her by terminating her on account of her repeated complaints, in violation of her First Amendment rights. The Plaintiff sought compensatory and punitive damages, as well as injunctive relief.

On March 25, 2002, the District Court (Judge Thelton E. Henderson) granted in part and denied in part the Defendants' motion for summary judgment. The surviving claims included: (1) the Title VII hostile work environment claim against the CDCR, (2) the Title VII retaliation claim against the CDCR based upon adverse employment actions not including the plaintiff's termination, and (3) the § 1983 claim that the individual defendants retaliated against the plaintiff in violation of her First Amendment rights. The case proceeded to jury trial in March 2003.

At trial, the plaintiff's case-in-chief included testimony from fellow correctional officers and an expert on prison administration. The jury returned a unanimous verdict on April 3, 2003, finding CDCR liable under Title VII for sexual harassment and retaliation, and the individual Pelican Bay officials liable under § 1983 for retaliation in violation of plaintiffs' First Amendment rights. The jury awarded $500,000 to the plaintiff in economic damages, $100,000 in noneconomic damages, and $100 in punitive damages against each individual defendant.

On May 15, 2003, the plaintiff moved to amend the judgment to include permanent injunctive relief. The District Court granted her motion in part and entered a permanent injunction prohibiting CDCR from engaging in unlawful employment practices at Pelican Bay Prison, including sexual harassment based on a hostile work environment, sexual discrimination, and retaliation. The Court referred the matter to a Special Master to monitor compliance and to develop a remedial plan. The Court also awarded attorneys' fees.

The defendants appealed after the Supreme Court issued its decision in Garcetti v. Ceballos, 126 S.Ct. 1951, in 2006. The Supreme Court had held that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” The defendants argued that the plaintiff had not been speaking “as a citizen” when she complained and thus the defendants had not violated her First Amendment rights.

On September 13, 2006, the Ninth Circuit Court of Appeals (Circuit Judge Stephen Reinhardt) affirmed in part, reversed in part, and remanded in part. 468 F.3d 838. It affirmed CDCR's liability under Title VII, but remanded the First Amendment retaliation claim in light the Garcetti v. Ceballos. The Court found that the jury had been improperly instructed as to which of the plaintiff’s statements constituted protected speech and remanded the case to decide:

1. whether a letter written by the Plaintiff to the director of the CDCR constituted protected speech;
2. whether the Defendants were protected by qualified immunity;
3. whether the erroneous jury instruction on protected speech was harmless error; and
4. whether the damages or attorney’s fees amounts were valid in light of the jury instruction error.

The Circuit Court issued an amended opinion November 3, 2006 with minor additions, and in that opinion denied a rehearing. 486. F.3d 528. The Defendants appealed the decision, but the Supreme Court denied certiorari. 549 U.S. 1323.

On remand, the District Court found for the plaintiff on all remaining issues. Specifically, the Court:

1. found the letter was protected speech because the Plaintiff was not acting pursuant to her official job duties when she wrote it;
2. rejected the Defendants’ argument that they were entitled to qualified immunity under Ceballos, indicating that that case did not alter the long-standing right of public employees to speak out on matters of public concern as a citizen.
3. found that the erroneous jury instruction resulting in harmless error—despite the instruction, the weight of the evidence for the Plaintiff’s retaliation claim clearly supported a finding of the Defendants’ liability; and
4. held that because the jury instruction was harmless, the damages award and attorneys’ fees award would remain unchanged.

2007 WL 1670307. The Court of Appeals affirmed the decision on April 11, 2008. 289 Fed. App'x 146.

The parties continued to litigate over attorneys’ fees and monitoring costs issues. The case was closed in 2010, but plaintiff’s counsel continued to monitor the defendants’ compliance with the injunction. In May 2012, the defendants moved to terminate the injunction (or, alternatively, to modify the monitoring process). On November 5, 2012, the Court denied the motion to terminate the injunction, reasoning that the defendants had not provided a legal basis for terminating a permanent injunction. However, because there had been no reports of the defendants ever failing to comply with the injunction, the Court granted the motion to modify the monitoring process and discontinued the plaintiff’s monitoring responsibilities. The parties then continued to litigate to resolve all remaining fees and costs issues. The case remains closed and has had no filing activity since December 2012.

Summary Authors

Dan Dalton (5/17/2007)

Sara Stearns (5/10/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5780525/parties/freitag-v-cdc/

Judge(s)

Attorney for Plaintiff

Allen, Curtis E. (California)

Burris, John L. (California)

Attorney for Defendant

Appelsmith, Jacob A. (California)

Archibald, Marybelle (California)

Brown, Regina Jaynell (California)

Judge(s)

Cousins, Nathanael M. (California)

Hawkins, Michael Daly (Arizona)

Henderson, Thelton Eugene (California)

James, Maria-Elena (California)

Noonan, John T. Jr. (California)

Reinhardt, Stephen Roy (California)

Zimmerman, Bernard S. (California)

Attorney for Plaintiff

Allen, Curtis E. (California)

Burris, John L. (California)

Lahood, Maria Couri (California)

Price, Pamela (California)

Ralston, Charles Stephen (California)

Williams, Terina Marie (California)

Attorney for Defendant

Appelsmith, Jacob A. (California)

Archibald, Marybelle (California)

Brown, Regina Jaynell (California)

Connolly, Damon M. (California)

Harlan, Lyn (California)

Lockyer, Bill (California)

Manford, Richard Lee (California)

Scally, Vincent J. (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:00-cv-02278	Docket (PACER) Freitag v. California Department of Corrections	Oct. 24, 2014	Oct. 24, 2014 Docket
362 3:00-cv-02278	Order Awarding Attorneys' Fees and Costs Freitag v. California Department of Corrections	Oct. 17, 2003	Oct. 17, 2003 Order/Opinion 2003 U.S.Dist.LEXIS 26579
03-16702 03-17184 03-17398	[Appellate Opinion] U.S. Court of Appeals for the Ninth Circuit	Sept. 13, 2006	Sept. 13, 2006 Order/Opinion 463 F.3d 838
03-16702 03-17184 03-17398	Order Amending Opinion and Amended Opinion U.S. Court of Appeals for the Ninth Circuit	Nov. 3, 2006	Nov. 3, 2006 Order/Opinion 468 F.3d 528
06-01085	[Untitled] Ayers v. Freitag Supreme Court of the United States	April 2, 2007	April 2, 2007 Order/Opinion 549 U.S. 1323
504 3:00-cv-02278	Order Freitag v. California Department of Corrections	June 6, 2007	June 6, 2007 Order/Opinion 2007 WL 1670307
516 3:00-cv-02278	Order Denying Plantiff's Request for Order of Payment of Funds from Special Deposit Fund Freitag v. California Department of Corrections	July 20, 2007	July 20, 2007 Order/Opinion 2007 U.S.Dist.LEXIS 56035
07-16200	Memorandum U.S. Court of Appeals for the Ninth Circuit	April 11, 2008	April 11, 2008 Order/Opinion 289 Fed.Appx. 146
590 3:00-cv-02278	Stipulation Pursuant to Fees Settlement Agreement Freitag v. California Department of Corrections	Oct. 7, 2009	Oct. 7, 2009 Order/Opinion
591 3:00-cv-02278	Order Closing Case Freitag v. California Department of Corrections	March 9, 2010	March 9, 2010 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5780525/freitag-v-cdc/

Last updated Oct. 29, 2026, 4:29 p.m.

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Docket for: Freitag v. CDC

ECF Number	Date	Description	Link
1	June 27, 2000	COMPLAINT no Summons(es) issued; Fee status pd entered on 6/27/00 in the amount of $ 150.00 ( Receipt No. 4401904); jury demand [3:00-cv-02278] (kk, COURT STAFF) (msrS, COURT STAFF). (Entered: 06/27/2000)	RECAP
2	June 27, 2000	ORDER RE COURT PROCEDURE and SCHEDULE (ADR Multi-Option) by Mag. Judge Maria-Elena James : Proof of service to be filed by 8/11/00 ; counsels' case management statement to be filed by 10/16/00 ; initial case management conference will be held at 10:00am on 10/26/00 . (cc: all counsel) [3:00-cv-02278] (kk, COURT STAFF) (Entered: 06/27/2000)	RECAP
3	July 28, 2000	AMENDED COMPLAINT [1-1] by Plaintiff Deanna L. Freitag [3:00-cv-02278] (ga, COURT STAFF) (msrS, COURT STAFF). (Entered: 07/31/2000)	RECAP
4	Aug. 11, 2000	PROOF OF SERVICE of ADR Multi-Option Program order [2-1] [3:00-cv-02278] (ga, COURT STAFF) (Entered: 08/14/2000)	RECAP
5	Aug. 14, 2000	RETURN OF SERVICE unexecuted - original summons returned [3:00-cv-02278] (ga, COURT STAFF) (Entered: 08/17/2000)	RECAP
6	Aug. 29, 2000	NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Mag. Judge Maria-Elena James by CDC, Robert J. Ayers Jr., Teresa Schwartz, David A. Carmichael, G. Rodman, Paul Dillard, Barry O'Neill, George Neotti, Auggie Lopez to dismiss case with Notice set for 10/5/00 at 10:00am [3:00-cv-02278] (ga, COURT STAFF) (Entered: 08/29/2000)	RECAP
7	Aug. 29, 2000	DECLINATION to proceed before magistrate by CDC, Robert J. Ayers Jr., Teresa Schwartz, David A. Carmichael, G. Rodman, Paul Dillard, Barry O'Neill, George Neotti, Auggie Lopez [3:00-cv-02278] (ga, COURT STAFF) (Entered: 08/30/2000)	RECAP
8	Aug. 30, 2000	DECLINATION to proceed before magistrate by Plaintiff Deanna L. Freitag [3:00-cv-02278] (ga, COURT STAFF) (Entered: 08/30/2000)	RECAP
9	Aug. 31, 2000	PROOF OF SERVICE by defendant of Magistrate order [7-1] [3:00-cv-02278] (ga, COURT STAFF) (Entered: 09/01/2000)	RECAP
10	Sept. 6, 2000	ORDER by Mag. Judge Maria-Elena James of impending reassignment to a United States District Judge () (cc: all counsel) [3:00-cv-02278] (ga, COURT STAFF) (Entered: 09/12/2000)	RECAP
11	Sept. 12, 2000	ORDER by Executive Committee Case reassigned to Judge Thelton E. Henderson referred to Judge Thelton E. Henderson the motion to dismiss case [6-1] () (cc: all counsel) [3:00-cv-02278] (ga, COURT STAFF) (Entered: 09/13/2000)	RECAP
12	Sept. 26, 2000	AMENDED NOTICE of hearing by defendant CDC, defendant Robert J. Ayers Jr., defendant Teresa Schwartz, defendant David A. Carmichael, defendant G. Rodman, defendant Paul Dillard, defendant Barry O'Neill, defendant George Neotti, defendant Auggie Lopez setting motion to dismiss case [6-1] ; hearing set for 10:00 11/6/00 [3:00-cv-02278] (lal, COURT STAFF) (Entered: 09/26/2000)	RECAP
	Sept. 26, 2000	RECEIVED Proposed Order ( defendant CDC, defendant Robert J. Ayers Jr., defendant Teresa Schwartz, defendant David A. Carmichael, defendant G. Rodman, defendant Paul Dillard, defendant Barry O'Neill, defendant George Neotti, defendant Auggie Lopez ) re: motion to dismiss case [6-1] [3:00-cv-02278] (lal, COURT STAFF)
13	Oct. 3, 2000	CLERK'S NOTICE Case Management Conference set for 10:00 11/6/00 ; [3:00-cv-02278] (lal, COURT STAFF) (Entered: 10/04/2000)	RECAP
14	Oct. 17, 2000	REQUEST FOR JUDICIAL NOTICE by Plaintiff Deanna L. Freitag motion to dismiss case [6-1] [3:00-cv-02278] (lal, COURT STAFF) (Entered: 10/17/2000)	RECAP
15	Oct. 17, 2000	OPPOSITION by Plaintiff Deanna L. Freitag to motion to dismiss case [6-1] [3:00-cv-02278] (lal, COURT STAFF) (Entered: 10/17/2000)	RECAP
16	Oct. 23, 2000	REPLY by defendant CDC, defendant Robert J. Ayers Jr., defendant Teresa Schwartz, defendant David A. Carmichael, defendant G. Rodman, defendant Paul Dillard, defendant Barry O'Neill, defendant George Neotti, defendant Auggie Lopez to opposition to motion to dismiss case [6-1] [3:00-cv-02278] (lal, COURT STAFF) (Entered: 10/25/2000)	RECAP
17	Oct. 23, 2000	OBJECTIONS by defendant CDC, defendant Robert J. Ayers Jr., defendant Teresa Schwartz, defendant David A. Carmichael, defendant G. Rodman, defendant Paul Dillard, defendant Barry O'Neill, defendant George Neotti, defendant Auggie Lopez to opposition [15-1], request [14-1] [3:00-cv-02278] (lal, COURT STAFF) (Entered: 10/25/2000)	RECAP
18	Oct. 26, 2000	CLERK'S NOTICE All motions will be heard by 2:00 11/16/00 ; Case Management Conference set for 2:00 11/16/00 ; [3:00-cv-02278] (lal, COURT STAFF) (Entered: 10/26/2000)	RECAP
19	Nov. 8, 2000	CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed by Plaintiff Eeanna L. Freitag. [3:00-cv-02278] (db, COURT STAFF) (Entered: 11/13/2000)	RECAP
	Nov. 8, 2000	RECEIVED Proposed Order re case management statement( Plaintiff Deanna L. Freitag ) [3:00-cv-02278] (db, COURT STAFF)
20	Nov. 16, 2000	MINUTES: ( C/R Leo Mankiewicz) ( Hearing Date: 11/16/00) granting in part and denying in part motion to dismiss case [6-1] Case Management Conference set for 1:30 2/5/01 ;See minute order for long explanation of instructions [3:00-cv-02278] (db, COURT STAFF) (Entered: 11/21/2000)	RECAP
	Nov. 17, 2000	ATTORNEY APPEARANCE for defendant by Regina J. Brown, Damon M. Connolly, Bill Lockyer [3:00-cv-02278] (db, COURT STAFF)
	Nov. 28, 2000	Telephone conference with ADR director :MRA [3:00-cv-02278] (mra, COURT STAFF)
	Dec. 18, 2000	RECEIVED first amended complaint submitted by Plaintiff Deanna L. Freitag [3:00-cv-02278] (rbe, COURT STAFF)
21	Jan. 17, 2001	ANSWER by defendant CDC, defendant Robert J. Ayers Jr., defendant Teresa Schwartz, defendant David A. Carmichael, defendant G. Rodman, defendant Paul Dillard, defendant Barry O'Neill, defendant George Neotti, defendant Auggie Lopez, defendant CA Dept of Correct to complaint [3-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 01/18/2001)	RECAP
	Jan. 19, 2001	RECEIVED Proposed Order ( Plaintiff Deanna L. Freitag ) stipulation re ADR [3:00-cv-02278] (rbe, COURT STAFF)
22	Jan. 24, 2001	STIPULATION and ORDER by Judge Thelton E. Henderson : referring to ADR (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 01/25/2001)	RECAP
23	Jan. 26, 2001	SECOND JOINT CASE MANAGEMENT CONFERENCE STATEMENT and PROPOSED ORDER filed. [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 01/31/2001)	RECAP
24	Feb. 2, 2001	NOTICE of entry by Plaintiff Deanna L. Freitag, of [22-2] order [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/05/2001)	RECAP
25	Feb. 6, 2001	MINUTES: ( C/R Kathy Wyatt) INITIAL CASE MANAGEMENT CONFERENCE HELD. Discovery cutoff 1/7/02 ; All motions will be filed by 2/6/02 ; Pre-trial conference will be held 3:00 4/8/02 ; All motions hearing date 3/11/02 ; Jury Trial set for 8:30 4/16/02 ;, referring case for settlement to Mag. Judge Maria-Elena James [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2001)	RECAP
26	Feb. 6, 2001	ORDER by Judge Thelton E. Henderson Discovery cutoff set for 1/7/02 ; Deadline for all motion filings is 2/6/02 ; All motions will be heard by 3/11/02 ; Pretrial conference set for 3:00 4/8/02 ; Jury trial will be held 8:30 4/16/02 ; ( Date Entered: 2/8/01) (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2001)	RECAP
27	March 16, 2001	ORDER by Mag. Judge Maria-Elena James Settlement conf. (Mag) at 2:00 1/15/02 ; ( Date Entered: 3/20/01) (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 03/20/2001)	RECAP
28	June 8, 2001	ATTORNEY SUBSTITUTION: terminating attorney Bill Lockyer for CA Dept of Correct, attorney Damon M. Connolly for CA Dept of Correct, attorney Regina J. Brown for CA Dept of Correct, attorney Bill Lockyer for Auggie Lopez, attorney Damon M. Connolly for Auggie Lopez, attorney Regina J. Brown for Auggie Lopez, attorney Bill Lockyer for George Neotti, attorney Damon M. Connolly for George Neotti, attorney Regina J. Brown for George Neotti, attorney Bill Lockyer for Barry O'Neill, attorney Damon M. Connolly for Barry O'Neill, attorney Regina J. Brown for Barry O'Neill, attorney Bill Lockyer for Paul Dillard, attorney Damon M. Connolly for Paul Dillard, attorney Regina J. Brown for Paul Dillard, attorney Bill Lockyer for G. Rodman, attorney Damon M. Connolly for G. Rodman, attorney Regina J. Brown for G. Rodman, attorney Bill Lockyer for David A. Carmichael, attorney Damon M. Connolly for David A. Carmichael, attorney Regina J. Brown for David A. Carmichael, attorney Bill Lockyer for Teresa Schwartz, attorney Damon M. Connolly for Teresa Schwartz, attorney Regina J. Brown for Teresa Schwartz, attorney Bill Lockyer for Robert J. Ayers Jr., attorney Damon M. Connolly for Robert J. Ayers Jr., attorney Regina J. Brown for Robert J. Ayers Jr., attorney Bill Lockyer for CDC, attorney Damon M. Connolly for CDC, attorney Regina J. Brown for CDC as counsel for by defendant CDC, defendant Robert J. Ayers Jr., defendant Teresa Schwartz, defendant David A. Carmichael, defendant G. Rodman, defendant Paul Dillard, defendant Barry O'Neill, defendant George Neotti, defendant Auggie Lopez, defendant CA Dept of Correct and substituting attorney Richard L. Manford, Jacob A. Appelsmith [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 06/11/2001)	RECAP
	July 18, 2001	RECEIVED Proposed Order ( Plaintiff) confidentiality stipulation [3:00-cv-02278] (rbe, COURT STAFF)
29	Aug. 10, 2001	CONFIDENTIALITY STIPULATION and ORDER by Judge Thelton E. Henderson : (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 08/14/2001)	RECAP
30	Aug. 15, 2001	NOTICE of entry by Plaintiff Deanna L. Freitag of [29-1] order [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 08/17/2001)	RECAP
31	Sept. 26, 2001	ORDER of Reference by Judge Thelton E. Henderson to a magistrate judge for discovery dispute (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 09/27/2001)	RECAP
	Sept. 26, 2001	REFERRAL: referring case for discovery to Mag. Judge Elizabeth D. Laporte [3:00-cv-02278] (wh, COURT STAFF)
32	Sept. 27, 2001	ORDER re Discovery Procedures by Mag. Judge Elizabeth D. Laporte ( Date Entered: 10/2/01) (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 10/02/2001)	RECAP
33	Oct. 17, 2001	NOTICE OF MOTION AND MOTION before Mag. Judge Elizabeth D. Laporte by Plaintiff Deanna L. Freitag to compel production of documents and request for sanctions with Notice set for 11/27/01 2:00 [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 10/18/2001)	RECAP
34	Oct. 17, 2001	MEMORANDUM of points and authorities by Plaintiff Deanna L. Freitag in support of motion to compel production of documents and request for sanctions [33-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 10/18/2001)	RECAP
35	Oct. 17, 2001	DECLARATION by Maria C. LaHood on behalf of Plaintiff Deanna L. Freitag re motion to compel production of documents and request for sanctions [33-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 10/18/2001)	RECAP
36	Oct. 17, 2001	DECLARATION by Pamela Y. Price on behalf of Plaintiff Deanna L. Freitag re motion to compel production of documents and request for sanctions [33-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 10/18/2001)	RECAP
	Oct. 17, 2001	RECEIVED Proposed Order ( Plaintiff Deanna L. Freitag ) stipulation enlarging pretrial discovery dates [3:00-cv-02278] (rbe, COURT STAFF)
	Oct. 17, 2001	RECEIVED Proposed Order ( Plaintiff Deanna L. Freitag ) re: motion to compel production of documents and request for sanctions [33-1] [3:00-cv-02278] (rbe, COURT STAFF)
37	Oct. 19, 2001	STIPULATION and ORDER by Judge Thelton E. Henderson : enlarging pretrial discovery dates (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 10/23/2001)	RECAP
38	Oct. 30, 2001	DECLARATION by Richard L. Manford on behalf of defendant CDC, defendant Robert J. Ayers Jr., defendant Teresa Schwartz, defendant David A. Carmichael, defendant G. Rodman, defendant Paul Dillard, defendant Barry O'Neill, defendant George Neotti, defendant Auggie Lopez, defendant CA Dept of Correct in opposition to motion to compel production of documents and request for sanctions [33-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 10/31/2001)	RECAP
39	Nov. 14, 2001	LETTER dated 11/14/01 from Pamela Y. Price to Mag. Judge Laporte [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 11/21/2001)	RECAP
40	Nov. 26, 2001	STIPULATION and ORDER by Mag. Judge Elizabeth D. Laporte : dropping plaintiff's Motion to Compel Discovery from the calendar (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 12/03/2001)	RECAP
	Nov. 26, 2001	RECEIVED Proposed Order ( Plaintiff Deanna L. Freitag ) stipulation dropping plaintiff's Motion to Compel Discovery from the calendar [3:00-cv-02278] (rbe, COURT STAFF)
	Nov. 26, 2001	Docket Modification (Administrative) to order [40-1] vacating [33-1] motion to compel production of documents and request for sanctions [3:00-cv-02278] (rbe, COURT STAFF)
	Dec. 28, 2001	RECEIVED Proposed Order ( defendant) stipulation to continue date of mandatory settlement conference [3:00-cv-02278] (rbe, COURT STAFF)
41	Jan. 7, 2002	STIPULATION and ORDER by Mag. Judge Maria-Elena James : Settlement conf. (Mag) at 2:00 3/26/02 ; (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 01/09/2002)	RECAP
42	Jan. 31, 2002	EX-PARTE APPLICATION before Judge Thelton E. Henderson by Plaintiff Deanna L. Freitag for order enlarging pretrial discovery dates [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/05/2002)	RECAP
	Jan. 31, 2002	RECEIVED Proposed Order ( Plaintiff Deanna L. Freitag ) stipulation enlarging pretrial discovery dates [3:00-cv-02278] (rbe, COURT STAFF)
	Jan. 31, 2002	RECEIVED Proposed Order ( Plaintiff Deanna L. Freitag ) stipulation enlarging discovery dates [3:00-cv-02278] (rbe, COURT STAFF)
43	Feb. 5, 2002	STIPULATION and ORDER by Judge Thelton E. Henderson : enlarging pretrial discovery dates (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/06/2002)	RECAP
44	Feb. 5, 2002	STIPULATION and ORDER by Judge Thelton E. Henderson : enlarging discovery dates (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/06/2002)	RECAP
	Feb. 5, 2002	Docket Modification (Administrative) to order [43-1] granting motion for order enlarging pretrial discovery dates [42-1] [3:00-cv-02278] (rbe, COURT STAFF)
45	Feb. 6, 2002	NOTICE OF MOTION AND MOTION before Judge Thelton E. Henderson by defendant to amend answer with Notice set for 3/11/02 10:00 [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
46	Feb. 6, 2002	MEMORANDUM of points and authorities by defendant in support of motion to amend answer [45-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
47	Feb. 6, 2002	DECLARATION by Richard L. Manford on behalf of defendant re motion to amend answer [45-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
48	Feb. 6, 2002	NOTICE OF MOTION AND MOTION before Judge Thelton E. Henderson by defendant for summary judgment, or in the alternative, for summary adjudication of issues with Notice set for 3/11/02 10:00 [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
49	Feb. 6, 2002	MEMORANDUM of points and authorities by defendant in support of motion for summary judgment [48-1], of motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
50	Feb. 6, 2002	DECLARATION by Barry O'Neill on behalf of defendant re motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
51	Feb. 6, 2002	DECLARATION by Paul Dillard on behalf of defendant re motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
52	Feb. 6, 2002	DECLARATION by Ronald Willis Julian Case on behalf of defendant re motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
53	Feb. 6, 2002	DECLARATION by Augustin Lopez on behalf of defendant re motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
54	Feb. 6, 2002	DECLARATION by George A. Neotti on behalf of defendant re motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
55	Feb. 6, 2002	FIRST DECLARATION by Richard L. Manford on behalf of defendant re motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
56	Feb. 6, 2002	SECOND DECLARATION by Richard L. Manford on behalf of defendant re motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
57	Feb. 6, 2002	THIRD DECLARATION by Richard L. Manford on behalf of defendant re motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
58	Feb. 6, 2002	DECLARATION by David A. Carmichael on behalf of defendant re motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
59	Feb. 6, 2002	DECLARATION by Teresa Schwartz on behalf of defendant re motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
60	Feb. 6, 2002	DECLARATION by Glen L. Rodman on behalf of defendant re motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
61	Feb. 6, 2002	DECLARATION by Robert J. Ayers, Jr. on behalf of defendant re motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/08/2002)	RECAP
	Feb. 6, 2002	RECEIVED Proposed Order ( defendant) re: motion to amend answer [45-1] [3:00-cv-02278] (rbe, COURT STAFF)
	Feb. 6, 2002	RECEIVED Proposed Order ( defendant) re: motion for summary judgment [48-1], re: motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF)
62	Feb. 19, 2002	NOTICE OF MOTION AND MOTION before Mag. Judge Elizabeth D. Laporte by Plaintiff Deanna L. Freitag to compel production of documents and answers to interrogatories with Notice set for 3/26/02 2:00 [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/22/2002)	RECAP
63	Feb. 19, 2002	EX-PARTE APPLICATION before Mag. Judge Elizabeth D. Laporte by Plaintiff Deanna L. Freitag for order shortening time for hearing of motion to compel [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/22/2002)	RECAP
64	Feb. 19, 2002	MEMORANDUM of points and authorities by Plaintiff Deanna L. Freitag in support of motion to compel production of documents and answers to interrogatories [62-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/22/2002)	RECAP
65	Feb. 19, 2002	DECLARATION by Emmeline Thompson on behalf of Plaintiff Deanna L. Freitag re motion to compel production of documents and answers to interrogatories [62-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/22/2002)	RECAP
66	Feb. 19, 2002	DECLARATION by Pamela Y. Price on behalf of Plaintiff Deanna L. Freitag re motion to compel production of documents and answers to interrogatories [62-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/22/2002)	RECAP
67	Feb. 19, 2002	PROOF OF SERVICE by Plaintiff Deanna L. Freitag of motion for order shortening time for hearing of motion to compel [63-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/22/2002)	RECAP
68	Feb. 19, 2002	NOTICE of entry by Plaintiff Deanna L. Freitag of [44-1] order [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/22/2002)	RECAP
69	Feb. 19, 2002	NOTICE of entry by Plaintiff Deanna L. Freitag of [43-1] order [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/22/2002)	RECAP
	Feb. 19, 2002	RECEIVED Proposed Order ( Plaintiff Deanna L. Freitag ) re: motion to compel production of documents and answers to interrogatories [62-1] [3:00-cv-02278] (rbe, COURT STAFF)
	Feb. 19, 2002	RECEIVED Proposed Order ( Plaintiff Deanna L. Freitag ) shortening time [3:00-cv-02278] (rbe, COURT STAFF)
70	Feb. 20, 2002	ORDER by Mag. Judge Elizabeth D. Laporte granting motion for order shortening time for hearing of motion to compel [63-1] ( Date Entered: 2/27/02) (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/27/2002)	RECAP
71	Feb. 21, 2002	EX-PARTE APPLICATION before Judge Thelton E. Henderson by Plaintiff Deanna L. Freitag for order extending the time to file opposition to motion for summary judgment [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/27/2002)	RECAP
	Feb. 21, 2002	RECEIVED Proposed Order ( Plaintiff Deanna L. Freitag ) re: motion for order extending the time to file opposition to motion for summary judgment [71-1] [3:00-cv-02278] (rbe, COURT STAFF)
72	Feb. 22, 2002	STATEMENT by defendant Robert J. Ayers Jr., defendant Teresa Schwartz, defendant David A. Carmichael, defendant G. Rodman, defendant Paul Dillard, defendant Barry O'Neill, defendant George Neotti, defendant Auggie Lopez, defendant CA Dept of Correct in support of memorandum [49-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/28/2002)	RECAP
73	Feb. 22, 2002	DECLARATION by Marybelle D. Archibald on behalf of defendant Robert J. Ayers Jr., defendant Teresa Schwartz, defendant David A. Carmichael, defendant G. Rodman, defendant Paul Dillard, defendant Barry O'Neill, defendant George Neotti, defendant Auggie Lopez, defendant CA Dept of Correct re statement [72-1] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/28/2002)	RECAP
74	Feb. 25, 2002	ORDER by Judge Thelton E. Henderson granting motion for order extending the time to file opposition to motion for summary judgment [71-1], setting hearing on motion for summary judgment [48-1] 10:00 3/25/02, setting hearing on motion for summary adjudication of issues [48-2] 10:00 3/25/02, setting hearing on motion to amend answer [45-1] 10:00 3/25/02; vacating currently scheduled trial and PT dates, Case Management Conference set for 10:00 3/25/02 ; ( Date Entered: 2/28/02) (cc: all counsel) [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/28/2002)	RECAP
75	Feb. 25, 2002	MEMORANDUM of points and authorities by Plaintiff Deanna L. Freitag in opposition to motion for summary judgment [48-1], motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/28/2002)	RECAP
76	Feb. 25, 2002	DECLARATION by Deanna L. Freitag in opposition to motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/28/2002)	RECAP
77	Feb. 25, 2002	DECLARATION by Ken Katsaris on behalf of Plaintiff Deanna L. Freitag in opposition to motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/28/2002)	RECAP
78	Feb. 25, 2002	DECLARATION by Melissa Cruse on behalf of Plaintiff Deanna L. Freitag in opposition to motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/28/2002)	RECAP
79	Feb. 25, 2002	DECLARATION by Pamela Y. Price on behalf of Plaintiff Deanna L. Freitag in opposition to motion for summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:00-cv-02278] (rbe, COURT STAFF) (Entered: 02/28/2002)	RECAP