Case: Moyle v. Contra Costa County

CLASS ACTION COMPLAINT; Demand for Jury Trial against Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron (Filing fee $ 250.00, receipt number 3373075.). Filed byRussell Moyle, Rhonda Bowers. (gba, COURT STAFF) (Filed on 6/8/2005) Additional attachment(s) added on 6/10/2005 (gba, COURT STAFF). (Entered: 06/09/2005)

ADR SCHEDULING ORDER: Case Management Statement due by 9/30/2005. Case Management Conference set for 10/7/2005 01:30 PM. (Attachments: # 1 Standing Order CMC# 2 Standing Order #2)(gba, COURT STAFF) (Filed on 6/8/2005) (Entered: 06/09/2005)

Received Petition and Order for Appointment of Guardian Ad Litem by Russell Moyle, Rhonda Bowers. (gba, COURT STAFF) (Filed on 6/8/2005) (Entered: 06/09/2005)

Summons Issued as to Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron. (gba, COURT STAFF) (Filed on 6/8/2005) (Entered: 06/09/2005)

CASE DESIGNATED for Electronic Filing. (gba, COURT STAFF) (Filed on 6/8/2005) (Entered: 06/09/2005)

CONSENT to Proceed Before a US Magistrate Judge by Russell Moyle.. (Schwartz, Andrew) (Filed on 6/16/2005) (Entered: 06/16/2005)

SUMMONS Returned Executed by Russell Moyle. Contra Costa County served on 7/11/2005, answer due 8/1/2005; Contra Costa County Probation Department served on 7/11/2005, answer due 8/1/2005; Lionel Chatman served on 7/11/2005, answer due 8/1/2005; Jim Matheron served on 7/15/2005, answer due 8/4/2005. (Schwartz, Andrew) (Filed on 7/25/2005) (Entered: 07/25/2005)

CONSENT to Proceed Before a US Magistrate Judge by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron.. (Fitzgerald, James) (Filed on 8/12/2005) (Entered: 08/12/2005)

ORDER GRANTIING PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM. Signed by Judge Joseph C. Spero on 8/15/5. (klh, COURT STAFF) (Filed on 8/16/2005) (Entered: 08/16/2005)

AMENDED COMPLAINT Class Action against all defendants. Filed byRussell Moyle. (Schwartz, Andrew) (Filed on 9/16/2005) (Entered: 09/16/2005)

STIPULATION Request to Reset Case Management Conference; Proposed Order by Russell Moyle. (Schwartz, Andrew) (Filed on 9/23/2005) (Entered: 09/23/2005)

STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference continued to 12/9/2005 at 1:30 PM. Joint case management conference statement due by 12/2/5. Signed by Judge Joseph C. Spero on 9/26/2005. (klh, COURT STAFF) (Filed on 9/26/2005) (Entered: 09/26/2005)

ANSWER to Amended Complaint byContra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron. (Fitzgerald, James) (Filed on 11/29/2005) (Entered: 11/29/2005)

JOINT CASE MANAGEMENT STATEMENT ; [Proposed] Order filed by Russell Moyle, Rhonda Bowers. (Merin, Mark) (Filed on 12/1/2005) (Entered: 12/01/2005)

Minute Entry: Initial Case Management Conference held on 12/9/2005 before Joseph C. Spero. Initial disclosures shall be due by 12/16/5. Phase 1 discovery shall occur wihtin 150 days. A further case management conference is set for 3/10/6 at 1:30 p.m. Court to prepare Order. (Tape #Not Recorded.) (klh, COURT STAFF) (Date Filed: 12/12/2005) (Entered: 12/12/2005)

CASE MANAGEMENT AND PRETRIAL ORDER: Initial disclosures shall be due by 12/16/05.Updated Joint Case Management Statement due by 3/3/2006. Further Case Management Conference set for 3/10/2006 at 1:30 PM. Phase I Discovery to be completed by 5/12/2006. Signed by Judge Joseph C. Spero on 12/13/2005. (klh, COURT STAFF) (Filed on 12/13/2005) (Entered: 12/13/2005)

Minute Entry: Further Case Management Conference held on 3/10/2006 before Joseph C. Spero. Court to prepare Order. (Tape #Not Recorded.) (klh, COURT STAFF) (Date Filed: 3/10/2006) (Entered: 03/10/2006)

FURTHER CASE MANAGEMENT AND PRETRIAL ORDER: Updated Joint Case Management Statement due by 7/28/2006. Further Case Management Conference set for 8/4/2006 at 1:30 PM. Signed by Judge Joseph C. Spero on 03/15/06. (klh, COURT STAFF) (Filed on 3/15/2006) (Entered: 03/15/2006)

JOINT CASE MANAGEMENT STATEMENT [Updated] filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron, Russell Moyle, Rhonda Bowers. (Merin, Mark) (Filed on 7/26/2006) (Entered: 07/26/2006)

Minute Entry: Further Case Management Conference held on 8/4/2006 before Joseph C. Spero. Parties shall submit a joint letter to the Court with the name of the mediator and mediation date by 8/11/6. An updated joint case management conference statement shall be due by 11/9/6. A further case management conference is set for 11/17/6 at 1:30 PM. Court to prepare Order. (Tape #Not Recorded.) (klh, COURT STAFF) (Date Filed: 8/4/2006) (Entered: 08/04/2006)

FURTHER CASE MANAGEMENT AND PRETRIAL ORDER: Private Mediation shall occur no later than 11/1/6. Parties shall submit a joint letter to the Court with the name of the mediator, and mediation date by 8/11/6. Updated Joint Case Management Statement due by 11/9/2006. Further Case Management Conference set for 11/17/2006 at 1:30 PM. Plaintiff shall file their Motion for Class Certification by 12/15/2006. Signed by Judge Joseph C. Spero on 8/8/6. (klh, COURT STAFF) (Filed on 8/8/2006) (Entered: 08/08/2006)

Letter from Andrew Schwartz. (Schwartz, Andrew) (Filed on 8/10/2006) (Entered: 08/10/2006)

Letter from James V. Fitzgerald, III. (Fitzgerald, James) (Filed on 10/31/2006) (Entered: 10/31/2006)

JOINT CASE MANAGEMENT STATEMENT filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman. (Fitzgerald, James) (Filed on 11/13/2006) (Entered: 11/13/2006)

ORDER GRANTING 23 Updated Joint Case Management Statement filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman. The further case management conference, set for 11/17/6 at 1:30 PM, has been continued to 3/2/7 at 1:30 PM. Signed by Judge Joseph C. Spero on 11/14/06. (klh, COURT STAFF) (Filed on 11/14/2006) (Entered: 11/14/2006)

Set/Reset Hearings: Further Case Management Conference continued to 3/2/2007 at 1:30 PM. (klh, COURT STAFF) (Filed on 11/14/2006) (Entered: 11/14/2006)

NOTICE of Change In Counsel by Mark E. Merin, Esq (Merin, Mark) (Filed on 11/15/2006) (Entered: 11/15/2006)

CLERK'S NOTICE that the Further Case Management Conference previously noticed for 3/2/7 at 1:30 PM has been continued to 3/9/2007 at 1:30 PM. The Joint Updated Case Management Statement shall be due by 3/2/2007. (klh, COURT STAFF) (Filed on 1/30/2007) (Entered: 01/30/2007)

STIPULATION TO CONTINUE DATE OF FURTHER CASE MANAGEMENT CONFERENCE by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron. (Fitzgerald, James) (Filed on 2/20/2007) (Entered: 02/20/2007)

STIPULATION AND ORDER TO CONTINUE DATE OF FURTHER CASE MANAGEMENT CONFERENCE from March 9, 2007 at 1:30 PM to March 23, 2007 at 1:30 PM. Joint updated statement due by 3/16/7. Signed by Judge Joseph C. Spero on 2/26/7. (klh, COURT STAFF) (Filed on 2/26/2007) (Entered: 02/26/2007)

Set/Reset Hearings: Further Case Management Conference reset for 3/23/2007 at 01:30 PM. (klh, COURT STAFF) (Filed on 2/26/2007) (Entered: 02/26/2007)

JOINT CASE MANAGEMENT STATEMENT filed by Russell Moyle. (Schwartz, Andrew) (Filed on 3/16/2007) (Entered: 03/16/2007)

STIPULATION and Order Re: Extension of Time to File Motion for Class Certification by Russell Moyle. (Schwartz, Andrew) (Filed on 3/16/2007) (Entered: 03/16/2007)

STIPULATION AND ORDER RE: EXTENSION OF TIME TO FILE MOTION FOR CLASS CERTIFICATION - 60 days from 3/19/07. Signed by Judge Joseph C. Spero on 03/19/07. (klh, COURT STAFF) (Filed on 3/19/2007) (Entered: 03/19/2007)

Minute Entry: Further Case Management Conference held on 3/23/2007 before Joseph C. Spero. A further case management conference will be set at the Motion for Class Certification hearing. (Tape #Not Recorded.) (klh, COURT STAFF) (Date Filed: 3/23/2007) (Entered: 03/23/2007)

ASSOCIATION of Counsel by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron. (Fitzgerald, James) (Filed on 5/17/2007) (Entered: 05/17/2007)

MOTION to Certify Class Notice filed by Katherine Ermitano, Russell Moyle. Motion Hearing set for 6/22/2007 01:30 PM in Courtroom A, 15th Floor, San Francisco. (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

Brief re 35 MOTION to Certify Class Notice filed byKatherine Ermitano, Russell Moyle. (Related document(s)35) (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

Declaration in Support of 35 MOTION to Certify Class Notice , 36 Brief filed byKatherine Ermitano, Russell Moyle. (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# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q)(Related document(s)35, 36) (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

Declaration in Support of 36 Brief, 37 Declaration in Support,, 35 MOTION to Certify Class Notice Re: Briefing Schedule filed byKatherine Ermitano, Russell Moyle. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Related document(s)36, 37, 35) (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

Declaration of Katherine Ermitano in Support of 36 Brief, 38 Declaration in Support,, 37 Declaration in Support,, 35 MOTION to Certify Class Notice filed byKatherine Ermitano, Russell Moyle. (Related document(s)36, 38, 37, 35) (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

Proposed Order re 35 MOTION to Certify Class Notice by Katherine Ermitano, Russell Moyle. (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

NOTICE by Katherine Ermitano, Russell Moyle re 35 MOTION to Certify Class Notice Proposed (Merin, Mark) (Filed on 5/18/2007) (Entered: 05/18/2007)

STIPULATION AND PROPOSED ORDER SETTING BRIEFING SCHEDULE FOR CLASS CERTIFICATION MOTION by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Jim Matheron. (Fitzgerald, James) (Filed on 5/29/2007) (Entered: 05/29/2007)

STIPULATION AND ORDER SETTING BRIEFING SCHEDULE FOR CLASS CERTIFICATION MOTION. Pla's Motion for Class Certification is now set for 8/17/7 at 1:30 PM. A further case management conference is also set for 8/17/7 at 1:30 PM. A joint updated case management conference statement shall be due by 8/10/7. Signed by Judge Joseph C. Spero on 5/29/7. (klh, COURT STAFF) (Filed on 5/30/2007) (Entered: 05/30/2007)

Set/Reset Deadlines as to 35 MOTION to Certify Class Notice . Opposition due by 6/22/2007. Replies due by 7/6/2007. Motion Hearing re-set for 8/17/2007 at 01:30 PM in Courtroom A, 15th Floor, San Francisco. (klh, COURT STAFF) (Filed on 5/30/2007) (Entered: 05/30/2007)

Set Deadlines/Hearings: Updated Joint Case Management Statement due by 8/10/2007. Further Case Management Conference set for 8/17/2007 01:30 PM. (klh, COURT STAFF) (Filed on 5/30/2007) (Entered: 05/30/2007)

MOTION for Summary Judgmeng; Memorandum of Points and Authorities in Support Thereof filed by Nancy Miller, Contra Costa County, Contra Costa County Probation Department, Lionel Chatman. Motion Hearing set for 8/17/2007 09:00 AM in Courtroom A, 15th Floor, San Francisco. (Obstler, Peter) (Filed on 6/22/2007) Modified on 6/26/2007 (gba, COURT STAFF). (Entered: 06/22/2007)

Appendix of Unpublished Authorities in support of 44 MOTION for Summary Judgment; Memorandum of Points and Authorities in Support Thereof filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Attachments: # 1 Exhibit TAB 1# 2 Exhibit TAB 2)(Related document(s)44) (Obstler, Peter) (Filed on 6/22/2007) Modified on 6/26/2007 (gba, COURT STAFF). (Entered: 06/22/2007)

Declaration of James V. Fitzgerald, III in Support of 44 MOTION for Summary Judgment; Memorandum of Points and Authorities in Support Thereof filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (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# 9 Exhibit I# 10 Exhibit J_1# 11 Exhibit J_2# 12 Exhibit K_1# 13 Exhibit K_2# 14 Exhibit L# 15 Exhibit M)(Related document(s)44) (Obstler, Peter) (Filed on 6/22/2007) Modified on 6/26/2007 (gba, COURT STAFF). (Entered: 06/22/2007)

NOTICE of Statement of Undisputed Facts and Defendants' Seperate Statement of Proposed Undisputed Facts that Plaintiffs Continue to Dispute in support of by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller 44 MOTION for Summary Judgment; Memorandum of Points and Authorities in Support Thereof (Obstler, Peter) (Filed on 6/23/2007) Modified on 6/26/2007 (gba, COURT STAFF). (Entered: 06/23/2007)

Memorandum in Opposition re 35 MOTION to Certify Class Notice filed byContra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Obstler, Peter) (Filed on 6/23/2007) (Entered: 06/23/2007)

Appendix of Unpublished Authorities in support of 49 Memorandum in Opposition filed by Contra Costa County, Contra Costa County Probation Department, Lionel Chatman, Nancy Miller. (Attachments: # 1 Exhibit TAB 1)(Related document(s)49) (Obstler, Peter) (Filed on 6/23/2007) Modified on 6/26/2007 (gba, COURT STAFF). (Entered: 06/23/2007)

ORDER Motion Hearing set for 10/12/2007 09:30 AM.. Signed by Judge JOSEPH C. SPERO on 6/27/07. (bjt, COURT STAFF) (Filed on 6/27/2007) (Entered: 06/27/2007)

STIPULATION and [Proposed] Order to Amend Briefing Schedule and Dismiss Plaintiff Russell Moyle by Contra Costa County. (Obstler, Peter) (Filed on 6/28/2007) (Entered: 06/28/2007)

STIPULATION AND ORDER re 35 MOTION to Certify Class Notice filed by Katherine Ermitano, Russell Moyle, 44 MOTION for Summary Judgment; Memorandum of Points and Authorities in Support Thereof filed by Nancy Miller, Contra Costa County Probation Department, Contra Costa County, Lionel Chatman, 52 Stipulation filed by Contra Costa County, Russell Moyle terminated. Motion Hearing on Plaintiffs' Motion to Cerfify Class and Defendants' Motin for Summary Judgment set for 10/12/2007 09:30 AM in Courtroom A, 15th Floor, San Francisco. Briefing schedule modified as follows: Plaintiffs' reply to defendants' opposition to plaintiffs' motion for class certification due by July 20, 2007; Plaintiff's response to defendants' motion for summary judgment due by August 14, 2007; Defendants' reply to plaintiffs' response to defendants' motion for summary judgment is due by September 7, 2007. Signed by Judge Joseph C. Spero on 6/29/2007. (tl, COURT STAFF) (Filed on 6/29/2007) (Entered: 06/29/2007)

MOTION for Leave to File Excess Pages - Plaintiff's Miscellaneous Administrative Request for Leave to File Up to a 35 Page Brief in Reply to Defendants' Opposition to Plaintiffs' Motion for Class Certification; Declaration of Mark E. Merin; [Proposed] Order [Local Rule 7-11] filed by Katherine Ermitano. Motion Hearing set for 10/12/2007 09:30 AM in Courtroom 15, 18th Floor, San Francisco. (Merin, Mark) (Filed on 7/13/2007) (Entered: 07/13/2007)

Reply Memorandum to Plaintiffs' Miscellaneous Administrative Request for Leave to File up to a 35 Page Brief in Reply to Defendants' Opposition to Plaintiffs' Motion for Class Certification filed byContra Costa County. (Obstler, Peter) (Filed on 7/16/2007) (Entered: 07/16/2007)

Letter from Jee Young You to Magistrate Judge Joseph C. Spero regarding Corrected Response to Plaintiffs' Miscellaneous Administrative Request for Leave to File up to a 35 Page Brief . (Obstler, Peter) (Filed on 7/17/2007) (Entered: 07/17/2007)

Reply Memorandum Defendants' CORRECTED Response to Plaintiffs' Miscellaneous Administrative Request for Leave to File up to a 35 Page Brief 54 filed by Contra Costa County. (Obstler, Peter) (Filed on 7/17/2007) Modified on 7/18/2007 (sv, COURT STAFF). (Entered: 07/17/2007)

Reply to Opposition re 54 MOTION for Leave to File Excess Pages - Plaintiff's Miscellaneous Administrative Request for Leave to File Up to a 35 Page Brief in Reply to Defendants' Opposition to Plaintiffs' Motion for Class Certification; Declaration of Mark E. [Proposed] Order filed byKatherine Ermitano. (Merin, Mark) (Filed on 7/18/2007) (Entered: 07/18/2007)

Reply to Opposition to Plaintiffs' Motion for Class Certification filed byKatherine Ermitano. (Merin, Mark) (Filed on 7/20/2007) (Entered: 07/20/2007)

Declaration of Mark E. Merin in Support of 59 Reply to Opposition to Plaintiff's Motion for Class Certification filed byKatherine Ermitano. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Related document(s)59) (Merin, Mark) (Filed on 7/20/2007) (Entered: 07/20/2007)

ORDER GRANTING LEAVE TO FILE UP TO A 22-PAGE REPLY BRIEF in support of their Motion for Class Certification. Pla may file a brief not to exceed 21 pages. Signed by Judge Joseph C. Spero on 723/7. (klh, COURT STAFF) (Filed on 7/23/2007) (Entered: 07/23/2007)