Case: U.S. v. California

2:06-cv-02667 | U.S. District Court for the Central District of California

Filed Date: May 2, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 2, 2006, the United States Department of Justice, Civil Rights Division, filed this lawsuit in the U.S. District Court for the Central District of California against California and state officials responsible for operation of two California mental hospitals: the Metropolitan State Hospital and the Napa State Hospital. The United States sued under the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, and the Americans with Disabilities Act, 42 U.S.C § 12101. The U…

On May 2, 2006, the United States Department of Justice, Civil Rights Division, filed this lawsuit in the U.S. District Court for the Central District of California against California and state officials responsible for operation of two California mental hospitals: the Metropolitan State Hospital and the Napa State Hospital. The United States sued under the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, and the Americans with Disabilities Act, 42 U.S.C § 12101. The United States sought declaratory and injunctive relief to end the substantial departures from generally accepted professional standards of care at each hospital that the Department of Justice had identified in multiple CRIPA investigations during the proceeding years.

The first investigation involved the Metropolitan State Hospital ("MSH"). On May 13, 2003, the U.S. Department of Justice's Civil Rights Division ("DOJ") sent a findings letter to California's governor, advising him that it had identified "significant and wide-ranging" deficiencies in child and adolescent patient care at MSH, a state facility housing children, adolescents, and adults who suffered from mental illness. The letter resulted from a CRIPA investigation of MSH that occurred during June and July 2002. The letter listed minimally-acceptable remedial measures for each of these categories. It also invited continued collaboration toward resolving the many deficiencies and alerted the state that, absent improvement, a CRIPA lawsuit would be filed to compel correction of the deficiencies and protection of MSH patients' rights.

During the investigation, DOJ and expert consultants visited the facility, reviewed a wide array of documents, and conducted interviews with personnel and residents. The letter commended MSH staff for providing a high level of cooperation during the investigation, as well as the dedication many showed for patient well-being. Nevertheless, the DOJ concluded that deficiencies at MSH existed in a dozen topic areas, including (1) psychiatry; (2) nursing services; (3) psychology; (4) pharmaceutical services; (4) general medical care, including deficiencies in vision services, x-ray reviews, and incontinence and headache evaluation; (5) infection control; (7) dental care; (8) dietary services; (9) placement in the most integrated setting; (10) special education; (11) protection from harm; and (12) First Amendment and due process rights to confidentially communicate with investigators.

On February 19, 2004, the DOJ sent another findings letter to the governor that focused on adult patient care at MSH. The letter described the investigation process as essentially the same as used in reviewing the younger patients' situations; however, the larger number of adult patients (and of programs housing them) made for lengthier investigative and evaluative processes. The findings, however, were equally gloomy. Overall, the DOJ identified significant and wide-ranging deficiencies in MSH's provision of care to adult patients. The letter set out categories of deficiency as follows: (1) substandard integrated treatment planning; (2) inadequate psychiatric, psychological, rehabilitative, and social history assessments; (3) poor to almost-nonexistent discharge planning for placement in the most integrated setting; (4) substantial departures from generally accepted professional standards of care in each of MSH's psychiatric, psychological, nursing and unit-based, pharmaceutical, general medical, infection control, dental, physical and occupational therapy, and dietary treatment services; (5) insufficient documentation of patient care and progress; (6) excessive and unnecessarily restrictive use of seclusion, restraints, and "as-needed" medications; (7) failure to protect patients from harm, stemming from ineffective incident management and quality assurance systems and from multiple environmental hazards; and (8) denial of patients' First Amendment and due process rights to confidentially communicate with investigators.

This second findings letter listed almost twenty pages of minimally-acceptable remedial measures addressing each of these categories. It invited continued collaboration toward resolving the many deficiencies and again alerted the state that, absent improvement, a CRIPA lawsuit would be filed to compel correction of the deficiencies and protection of MSH patients' rights.

A third DOJ findings letter dated June 27, 2005, addressed deficiencies found at the Napa State Hospital ("NSH"), another California mental health facility. The letter began by noting that the state had stopped cooperating with DOJ investigators, denying them and their consultants access to NSH and other state mental health facilities the DOJ was then investigating (Patton and Atascadero state hospitals). The DOJ advised that it drew an adverse conclusion about the facility from the state's non-cooperation. It also considered information from regulatory and standards agencies that had surveyed NSH and information from interviews of NSH staff, advocates, family members of patients, and patients. Not only did DOJ find "significant and wide-ranging" deficiencies in NSH patient care, it concluded these deficiencies were "widespread and systemic." NSH deficiencies had been the subject of a prior CRIPA investigation, which led to a 1990 consent decree that was dismissed in 1995. Nevertheless, the DOJ found that significant problems at NSH had recurred. These problems included: (1) failure to protect patients from harm from assaults and suicide (and from staff sales of illegal drugs to patients); (2) inappropriate use of seclusion, restraint and PRN ("pro re nata" or "as-needed") psychotropic medications; and (3) inadequate medical, nursing and psychiatric care. In addition to the recurring problems, the DOJ received information showing (4) deficient mental health treatment planning, programming, and nutritional management; (5) unsanitary conditions; and (6) failure to place patients in the most integrated setting, as required by law. For each of these categories, the findings letter included several specific examples of malfeasance or misfeasance, often describing instances of neglectful or cruel conduct by state personnel. The DOJ noted that it could obtain remedial measures by filing a CRIPA lawsuit against the state, although the letter invited the state to avoid litigation and work cooperatively with DOJ to resolve the identified deficiencies.

The DOJ letters eventually resulted in cooperative resolution of these hospitals' many problems, at least on paper. California's officials and the DOJ reached an agreement that became the basis of a consent judgment filed contemporaneously with this lawsuit. The consent judgment contained an explicit "Enhancement Plan" nearly eighty pages long. The plan set out details of standards for comprehensive improvements in care and conditions at MSH and NSH. The consent judgment named an expert independent monitor, Mohamed El-Sabaawi, M.D., to oversee the process of implementing these standards. Dr. El-Sabaawi would have full access to the facilities, patients, and staff, and his periodic reports would go to the court, the parties, and hospital administrators.All terms of the plan were to be implemented within three years, except for the immediate implementation of suicide prevention components of the plan. By its terms, the consent judgment would terminate after five years, with earlier termination possible if the state complied earlier. While the consent judgment remained in effect, the court retained jurisdiction to enforce the terms of the order. District Judge George P. Schiavelli promptly accepted the settlement and entered the consent judgment.

Also on May 2, the DOJ sent California findings letters based on its CRIPA investigations of conditions and practices at two more state mental health facilities: Patton State Hospital and Atascadero State Hospital. DOJ officials and expert consultants had visited the facilities, reviewed a wide array of documents and conducted interviews with personnel and residents. The investigations found significant deficiencies in patient care at both Patton and Atascadero Hospitals, specifically with respect to psychiatric and pharmaceutical services, medical care, protection from harm, use of restraints, seclusion, and medications. The findings were broadly similar to those of the MSH and NSH investigations.

On February 27, 2007, the parties filed an amended consent judgment. Its terms and duration remained the same, but it added as defendants the officials operating Patton State Hospital and Atascadero State Hospital. Thus, all four hospitals were subject to the consent judgment's enhancement plan. Judge Schiavelli again entered judgment in accordance with the parties' agreement.

On December 12, 2007, a detainee in Coalinga State Hospital filed a petition for a writ of mandamus to compel the defendants to comply with the amended consent judgment. The plaintiff argued that the judgment applied to the Coalinga State Hospital, where he was being detained. On August 19, 2008, the court denied the petition, finding that the judgment did not apply to residents of the Coalinga State Hospital.

A pro se group of residents at Atascadero moved to intervene in the suit on June 21, 2011. The United States and the defendants both opposed the motion to intervene, and the district court denied the motion on October 31, 2011. The residents appealed, but the Ninth Circuit (Judges Michael D. Hawkins, Sidney R. Thomas, and M. Margaret McKeown) upheld the district court's decision. In a decision filed on August 13, 2013, the panel found that the residents' motion to intervene had been filed too late. 538 F. App'x 759.

Back in November 2011, the court found Atascadero and Patton State Hospitals had sufficiently complied with the consent judgment and no longer were subject to the court's jurisdiction. MSH was later released from the consent agreement in October 2012.

In October 2012, the court released NSH from the consent judgment except regarding sections pertaining to placing residents in prone restraints. A recent restraint death at the hospital prompted the court to continue the restraint-related sections of the consent judgment for one more year. Napa State Hospital was eventually released from the consent judgment in October 2013. The case is now closed.

Summary Authors

Kristen Sagar (10/6/2008)

Mike Fagan (5/22/2008)

Elise Coletta (4/12/2019)

Related Cases

U.S. v. California, Northern District of California (1990)

DOJ CRIPA Investigation of Atascadero State Hospital, Atascadero, California, Central District of California (2006)

DOJ CRIPA Investigation of Patton State Hospital, Central District of California (2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12176373/parties/united-states-v-state-of-california/


Judge(s)

Collins, Audrey B. (California)

Schiavelli, George P. (California)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Birotte, Andre Jr. (California)

Bohan, Mary (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Cuncannan, Jacqueline (District of Columbia)

Daniels, Howard F. (California)

Donnelly, Matthew J. (District of Columbia)

Judge(s)

Collins, Audrey B. (California)

Schiavelli, George P. (California)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Birotte, Andre Jr. (California)

Bohan, Mary (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Cuncannan, Jacqueline (District of Columbia)

Daniels, Howard F. (California)

Donnelly, Matthew J. (District of Columbia)

Gonzales, Alberto (District of Columbia)

Jones, Terrence M (California)

Kim, Wan J. (District of Columbia)

Maddox, William G. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Plessman, Gary L. (California)

Schlozman, Bradley (District of Columbia)

Seltman, Lee (District of Columbia)

Snyder, Anita C. (District of Columbia)

Tayloe, Benjamin O. (District of Columbia)

Weidman, Leon W. (California)

Yang, Deborah W. (California)

Attorneys(s) for Defendant

Angelopoulos, Tracey L. (California)

Burns, Janet E (California)

Furtek, Frank S. (California)

Prince, George D. (California)

Rodriguez, Cynthia (California)

Expert/Monitor/Master

Eick, Charles F. (California)

Documents in the Clearinghouse

Document

2:06-cv-02667

Docket (PACER)

U.S.A. v. State of California

April 28, 2016

April 28, 2016

Docket

RE: Investigation of Metropolitan State Hospital, Norwalk, California

DOJ CRIPA Investigation of Metropolitan State Hospital, Norwalk, California

No Court

May 13, 2003

May 13, 2003

Findings Letter/Report

Re: Metropolitan State Hospital, Norwalk, California

DOJ CRIPA Investigation of Metropolitan State Hospital, Norwalk, California

No Court

Feb. 19, 2004

Feb. 19, 2004

Findings Letter/Report

Re: Napa State Hospital, Napa, California

DOJ CRIPA Investigation of Napa State Hospital, Napa, California

No Court

June 27, 2005

June 27, 2005

Findings Letter/Report

2:06-cv-02667

Consent Judgment

May 2, 2006

May 2, 2006

Settlement Agreement

Re: Atascadero State Hospital, Atascadero, California

DOJ CRIPA Investigation of Metropolitan State Hospital, Norwalk, California

No Court

May 2, 2006

May 2, 2006

Findings Letter/Report

Re: Patton State Hospital, Patton, California

No Court

May 2, 2006

May 2, 2006

Findings Letter/Report
1

2:06-cv-02667

Complaint

May 2, 2006

May 2, 2006

Complaint
9

2:06-cv-02667

Amended Consent Judgment

Feb. 27, 2007

Feb. 27, 2007

Settlement Agreement
297-1

2:06-cv-02667

Order

USA v. State of California

Oct. 3, 2012

Oct. 3, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12176373/united-states-v-state-of-california/

Last updated July 29, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendants Stephen W Mayberg, Sharon Smith Nevins, Dave Graziani, State of California, Arnold Schwarzeneggar.(No Filing fee Required), filed by plaintiff United States of America.(pj, ) (Entered: 05/08/2006)

May 2, 2006

May 2, 2006

Clearinghouse

20 DAY Summons Issued re Complaint - (Discovery) 1 as to Stephen W Mayberg, Sharon Smith Nevins, Dave Graziani, State of California, Arnold Schwarzeneggar. (pj, )

May 2, 2006

May 2, 2006

PACER
2

STIPULATION for Consent Judgment And Agreeement filed by plaintiff United States of America. Lodged Consent Judgment. (bg, ) (Entered: 05/09/2006)

May 2, 2006

May 2, 2006

PACER
4

NOTICE OF ERRATA regarding Consent Judgment 3 and Stipulation for Judgment 2 filed by Plaintiff United States of America. (ir, ) (Entered: 05/17/2006)

May 5, 2006

May 5, 2006

PACER

PLACED IN FILE - NOT USED re Consent Judgment submitted by plaintiff United States of America. (bg, )

May 15, 2006

May 15, 2006

PACER
3

CONSENT JUDGMENT by Judge George P. Schiavelli : The interdisciplinary teams membership shall be dictated by the particular needs and strengths of the individual in the teams care. All provisions of this Consent Judgment shall have ongoing effect until the final dismissal of this action. The Court shall retain jurisdicition for all purposes until such time as this action dismissed. Independent of the foregoing, if the United States and the Defendants agree that the State Hospitals have achieved substantial compliance with each section of this Consent Judgment, the Parties shall file a joint motion to dismiss this action. ( MD JS-6, Case Terminated )(bg, ) (Entered: 05/16/2006)

May 15, 2006

May 15, 2006

PACER
8

NOTICE OF DISCREPANCY AND ORDER: by Judge George P. Schiavelli, ORDERING Request to Submit Pertinent Urgent Information received on 7/28/2006 is not to be filed but instead rejected. Denial based on: case termed.(yl, ) (Entered: 08/11/2006)

July 21, 2006

July 21, 2006

PACER
5

NOTICE OF DISCREPANCY AND ORDER: by Judge George P. Schiavelli, ORDERING Request to submit pertinent and urgent information submitted by Danny Atterbury received on 7/20/06 is not to be filed but instead rejected. Denial based on: Local Rule 11-4.1 No copy provided for judge. Local Rule 56-1 Statement of uncontroverted facts and/or proposed judgment lacking. FRCP 5(d) No proof of service attached to document(s).(bg, ) (Entered: 07/27/2006)

July 25, 2006

July 25, 2006

PACER
6

AMENDED COMPLAINT against defendants Melvin E Hunter, Octavio Carlos Luna, Stephen W Mayberg, Sharon Smith Nevins, Dave Graziani, State of California, Arnold Schwarzeneggar amending Complaint - (Discovery) 1 (bg, ) (Entered: 08/07/2006)

Aug. 3, 2006

Aug. 3, 2006

PACER
7

STIPULATION TO AMEND CONSENT JUDGMENT and Agreement filed by Plaintiff United States of America. Lodged Proposed Order. (yl, ) (Entered: 08/11/2006)

Aug. 3, 2006

Aug. 3, 2006

PACER
11

ORDER AMENDING CONSENT JUDGMENT AND AGREEMENT by Judge George P. Schiavelli, re Consent Judgment, 3 ORDERED that the Consent Judgment and Agreement entered as an order of this Court on 5/15/06, is herewith amended such that the term State Hospital shall include Patton State Hospital and Atascadero State Hospital and any facility that supplements or replaces them, and that Defendants shall implement at Patton and Atascadero all provisions of the Consent Judgment and Agreement that apply to Metropolitan State Hospital and Napa State Hospital. (bg, ) (Entered: 02/28/2007)

Aug. 16, 2006

Aug. 16, 2006

PACER
10

AMNEDED STIPULATION TO AMEND CONSENT JUDGMENT AND AGREEMENT AND ORDER by Judge George P. Schiavelli : the parties request that this court enter the attached Amended Consent Judgment, so that the Defendants shall implement at Patton and Atascadero all provisions of the original Consent Judgment and Agreement that apply to Metropolitan State Hospital and Napa State Hospital, and that the Monitor, and persons or entitles hired or retained by the Monitor, shall not be liable for any claim arising out of the Monitoring of this Consent Judgment, except claims before this Court for enforcement or payment of contracts or subcontracts for monitoring the Consent Judgment re Stipulation to Amend/Correct 7 .(bg, ) (Entered: 02/28/2007)

Nov. 21, 2006

Nov. 21, 2006

PACER
9

AMENDED CONSENT JUDGMENT by Judge George P. Schiavelli that pursuant to the Stipulation, and good and reasonable cause appearing therefore, Judgment shall be entered in this matter pursuant to the following terms and conditions. Related to: Stipulation to Amend/Correct 7, Consent Judgment,, 3 .(bg, ) (Entered: 02/28/2007)

Feb. 27, 2007

Feb. 27, 2007

Clearinghouse
13

MAIL RETURNED addressed to Anita C Snyder at United States Department of Justice regarding Order 11 (ir, ) (Entered: 05/11/2007)

April 18, 2007

April 18, 2007

PACER
12

MAIL RETURNED addressed to Anita C Snyder at United States Departmente of Justice regarding Stipulation and Order 10 (ir, ) (Entered: 05/11/2007)

May 10, 2007

May 10, 2007

PACER
15

Petition for Writ of writ of mandamus to compel consent judgmentfiled by petitioner Mark S Sokolsky.(lc) (Entered: 01/16/2008)

Dec. 12, 2007

Dec. 12, 2007

PACER
14

MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli : In December 2007, Petitioner Mark S. Sokolsky (Petitioner orSokolsky) filed a Petition for Writ of Mandamus to compel Defendants to comply with the Amended Consent Judgment. Sokolsky is presently detained at the Coalinga State Hospital pursuant to an order by the Los Angeles County Superior Court. Petitioner alleges that the terms of the Amended Consent Judgment apply to the Coalinga State Hospital because it is a facility that supplements or replaces one of the four noted hospitals.To address the Petition, the Court orders the parties to brief: (1) whether the Amended Consent Judgment governs the Coalinga State Hospital; (2) whether Petitioner has standing to urge these claims and, if so, (3) whether he has done so through the proper vehicle. Respondents shall file their Opposition to the Petition by February 1, 2008. Petitioner shall reply onMarch 3, 2008. After receiving all pleadings, the Court will schedule ahearing if necessary. (lc) (Entered: 01/15/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
16

NOTICE OF CLERICAL ERROR: Due to clerical error Re: Petition for Writ of writ of mandamus 15 with pro se address was not docketed after Minutes denying petition was docketed 14 ; copy of minutes attached to this notice. (Attachments: # 1 minutes) (lc) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

PACER
17

CORRECTED NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Clerical Error (G-11), incorrectly stated that Mark Soloksy petition was denied; Petition is still pending, see copy of minutes 16 (Attachments: # 1 minutes) (lc) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

PACER

NOTICE OF STATISTICAL ADJUSTMENT submitted MD JS-5 Case Reopened. (lc)

Jan. 16, 2008

Jan. 16, 2008

PACER

NOTICE OF STATISTICAL ADJUSTMENT(closed case reopened in error) submitted MD JS-6. Case Terminated. (lc)

Jan. 17, 2008

Jan. 17, 2008

PACER
18

REQUEST for Extension of Time to File State Respondent's to File Brief Responding to court's Inquiries filed by Respondent Department of Mental Health Stephen W Mayberg. (Attachments: # 1 Declaration of John Venegas in Support of State Respondent's to File Brief Responding to Court's Inquiries# 2 Proposed Order in support of State Respondent's to File Brief Responding to Court's Inquiries)(Kim, Jennifer) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

PACER
19

BRIEF filed by Respondents State of California. RESPONDENTS' BRIEF IN COMPLIANCE WITH THE COURT'S JANUARY 14, 2008 MINUTE ORDER (Kim, Jennifer) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

PACER
20

BRIEF filed by Petitioner United States of America. Plaintiff's Brief in Response to Court's January 14, 2008 Order regarding Minutes of In Chambers Order/Directive - no proceeding held,,,, 14 . (Daniels, Howard) (Entered: 02/01/2008)

Feb. 1, 2008

Feb. 1, 2008

PACER
21

MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli : Order Granting Ex Parte Application. Respondents shall file their response by February 25, 2008, and Sokolsky shall reply by March 24, 2008. As noted in the previous Order, the Court will schedule a hearing if necessary after receiving all pleadings. (sce) (Entered: 02/04/2008)

Feb. 1, 2008

Feb. 1, 2008

PACER
25

REPLY to plaintiffs and respondents answer to courts orderof 1/14/08 20 filed by Petitioner Mark S Sokolsky (lc) (Entered: 03/18/2008)

March 14, 2008

March 14, 2008

PACER
26

MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli: Court Denies Petition for Writ of mandamus 15 . (lc) (Entered: 08/20/2008)

Aug. 19, 2008

Aug. 19, 2008

PACER
28

NOTICE OF DISCREPANCY AND ORDER: by Judge Audrey B. Collins, ORDERING Plaintiffs' Request for intervention submitted by Movant Vadim Stanley Mieseges, received on 3/21/11, is not to be filed but instead rejected. Denial based on: Case closed. (lom) Modified on 3/31/2011 (lom). (mailed origninal 3/31/11) (Entered: 03/31/2011)

March 22, 2011

March 22, 2011

PACER
31

NOTICE OF MOTION AND MOTION for Exercise of Rights for Intervention filed by Movants Vadim Stanley Mieseges and other Residents at Atascadero State Hospital. (ir) (Entered: 06/23/2011)

June 21, 2011

June 21, 2011

PACER
30

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Audrey B. Collins ORDERING Motino for Exercise of Rights for Intervention submitted by Movant Vadim Stanley Mieseges received on 6/21/11 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (ir) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

PACER
32

MINUTE: ORDER RE: Motion for Exercise of Rights for Intervention 31 (In Chambers): On June 21, 2011, the Court received a Motion for Exercise of Rights for Intervention, submitted by a group of residents at Atascadero State Hospital (the Proposed Intervenors), which is subject to a consent decree in this case. The Court ORDERS that the document be filed. The Court ORDERS Defendants State of California, et al., to respond to the motion no later than Monday, July 11, 2011. The government may respond to the motion and/or defendants response no later than Monday, July 25, 2011. Proposed Intervenors may reply to these submissions no later than Monday, August 15, 2011IT IS SO ORDERED by Judge Audrey B. Collins. (ir) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

PACER
35

PROPOSED INTERVENOR'S MOTION FOR CORRECTION By Deputy Clerk In Re: Court's Order Of June 23, 2011 32 filed by movants. (bm) (Entered: 07/15/2011)

July 8, 2011

July 8, 2011

PACER
33

REQUEST for Extension of Time to File Response to Motion for Intervention filed by DEFENDANTS Stephen W Mayberg, State of California. (Attachments: # 1 Order granting Extension of Time to File Response to Motion for Intervention)(Burns, Janet) (Entered: 07/13/2011)

July 13, 2011

July 13, 2011

PACER
34

ORDER GRANTING EXTENSION OF TIME To File Response to Motion for Intervention by Judge Audrey B. Collins: NOTE: CHANGES MADE BY THE COURT. The request for extension of time is GRANTED. Defendants State of California, et al., has until no later than Thursday, 7/28/2011 to respond to the motion. Plaintiff may respond to the motion and/or Defendants' response by no later than Thursday, 8/11/2011; and Proposed Intervenors may respond to these submissions by no later than Thursday, 8/25/2011. granting 33 Request for Extension of Time to File (lw) (Entered: 07/14/2011)

July 14, 2011

July 14, 2011

PACER
44

RESPONSE in Opposition to re: MOTION to Intervene 31 filed by Defendants Stephen W Mayberg, State of California. (Burns, Janet) (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

PACER
55

OPPOSITION to MOTION to Intervene 31 filed by Plaintiff United States of America. (Daniels, Howard) (Entered: 08/11/2011)

Aug. 11, 2011

Aug. 11, 2011

PACER
56

APPLICANTS' RESPONSE TO PLAINTIFFS' RESPONSE TO MOTION TO INTERVENE RE: MOTION to Intervene 31 filed by Movants Ernest Aguire, Victor Alvarez, Jose Ampriz, Arthur Arrellanes, Jason Athiede, Jose Avalos, Michael Beaver, George Bell, Ricky Benson, Wayne Bishop, Reginald Blaunt, John Carver, Donald Casnell, Eddie Cassidy, Eduardo Castanon, Robert Castorena, Juan Daniel Chavez, Lloyd Clark, Peter Cobb, Brian Colombein, Neil Core, Joseph M Cortes, Richard Cortez, William Curtis, Ron Cynman, James Deby, Ray Delong, Gary Dingest, Jerry Eates, George Eden, Hugo Edilberto, C Edwards, Marc Endsley, Lon Don Ferguson, Julio Flores, Ernesto Fuentes, Angel G, Nicandro Galaviz, Luis Garcia, Michael Garcia, Paul Gazaway, Sean Greenshields, Juan Gutierrez, David Guzman, Kennet H, Michael Hamilton, S Henderson, Harold Hines, Ramon Holguin, Brandon Howard, Ali Jones, Tod Koep, Andrew Kyle, Chris L, Warren Lanker, Michael Lanning, Keith Law, John Lowe, Ronnie Lucero, Curtis M, Jimmy Martinez, Damon Matheny, Michael McGee, Ron McLean, James McMann, Vadim Stanley Mieseges, Orrin A Patrick, R Phillips, Terry Powell, Gary Ramirez, Brooks Robert, Artay Scruggs, Andy Sessions, Dan Sloria, David Smith, Billy W Soto, Richard Soto, Larry Struchen, Tim Taylor, Billy Thomas, Paul Thompson, Paul Thurman, Daniel Tigner, Frank Travalini, Daniel Trebas, Samuel Turner, Johnny Walker, Banner Walter, Tom L Ward, Kenfort Williams, Scott Zimmerman, Movant C.L.. (lw) (Entered: 08/29/2011)

Aug. 25, 2011

Aug. 25, 2011

PACER
57

STIPULATION for Order Extending Court's Jurisdiction filed by Plaintiff United States of America. (Attachments: # 1 Proposed Order)(Jones, Terrence) (Entered: 10/28/2011)

Oct. 28, 2011

Oct. 28, 2011

PACER
58

ORDER by Judge Audrey B. Collins. This Court, having read and considered the Parties' Stipulation to Extend Court's Jurisdiction, and findings good cause therfor, hereby orders that, absent any motion by either Party that is accepted by this Court, both the Amended Consent Judgment and this Court's jurisdiction over this case will automatically terminate on November 15, 2011. (bp) (Entered: 11/01/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
59

MINUTES (IN CHAMBERS): ORDER DENYING Motion for Exercise of Rights for Intervention by Judge Audrey B. Collins: On June 21, 2011, a Motion for Exercise of Rights for Intervention was filed by a pro se group of residents at Atascadero State Hospital (the "Proposed Intervenors"). (Docket No. 31.) Defendants State of California, et al. ("Defendants") opposed on July 28, 2011 and Plaintiff United States opposed on August 11, 2011. The Proposed Intervenors replied on August 25, 2011. The Court has not set a date for oral argument and finds no oral argument necessary. Fed. R. Civ. P. 78; Local Rule 7-15. For the reasons below, the motion is DENIED...the Court also DENIES the Proposed Intervenors' motion for correction, filed on July 8, 2011. (Docket No. 35.)....The Court finds the Proposed Intervenors' motion is untimely, so the Court need not address any other factor justifying intervention. See Smith, 194 F.3d at 1053; Oregon, 913 F.2d at 589. The motion is DENIED. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) denying 31 Motion to Intervene; denying 35 Motion to Amend/Correct (lw) (Entered: 11/01/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
60

APPLICANTS' OBJECTIONS/PROTEST TO PARTIES Unfounded Stipulation To Extend Court's Jurisdiction filed by Movants Ernest Aguire, Victor Alvarez, Jose Ampriz, Arthur Arrellanes, Jason Athiede, Jose Avalos, Michael Beaver, Ricky Benson, Wayne Bishop, Reginald Blaunt, John Carver, Donald Casnell, Eddie Cassidy, Eduardo Castanon, Robert Castorena, Juan Daniel Chavez, Lloyd Clark, Peter Cobb, Brian Colombein, Neil Core, Joseph M Cortes, Richard Cortez, William Curtis, Ray Delong, Gary Dingest, Jerry Eates, George Eden, Hugo Edilberto, C Edwards, Marc Endsley, Lon Don Ferguson, Julio Flores, Ernesto Fuentes, Angel G, Nicandro Galaviz, Luis Garcia, Michael Garcia, Paul Gazaway, Sean Greenshields, David Guzman, Michael Hamilton, S Henderson, Harold Hines, Ramon Holguin, Brandon Howard, Ali Jones, Tod Koep, Andrew Kyle, Chris L, Warren Lanker, John Lowe, Ronnie Lucero, Curtis M, Jimmy Martinez, Damon Matheny, Michael McGee, Ron McLean, James McMann, Vadim Stanley Mieseges, Orrin A Patrick, R Phillips, Terry Powell, Gary Ramirez, Artay Scruggs, Andy Sessions, Dan Sloria, David Smith, Billy W Soto, Richard Soto, Tim Taylor, Billy Thomas, Paul Thurman, Daniel Tigner, Frank Travalini, Daniel Trebas, Samuel Turner, Johnny Walker, Banner Walter, Tom L Ward, Kenfort Williams, Scott Zimmerman. (bm) (Entered: 11/09/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
61

MINUTE: Letter to the Court (In Chambers): On November 9, 2011, the Court received a letter from Dr. Shakeel Khan, Chief of Staff of Napa State Hospital. This letter was is improper and the Court has not considered any matters stated therein. See Local Rule 83-2.11 (All matters shall be called to a judges attention by appropriate application or motion filed in compliance with the[] Local Rules.) by Judge Audrey B. Collins. (ir) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
62

MINUTE: Order re Objection/Protest to Parties (In Chambers): On November 7, 2011, a pro se group of residents at Atascadero State Hospital filed anObjection/Protest to Parties Unfounded Stipulation to Extend Courts Jurisdiction. 60 . The Court has not considered the content of this document because, on October 31, 2011, the Court denied the residents motion to intervene in this case. The residents are not parties to this case and areadmonished that they may not file anything in this case without court permission IT IS SO ORDERED by Judge Audrey B. Collins. (ir) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
63

STIPULATION for Order EXTENDING COURT'S JURISDICTION filed by plaintiff United States of America. (Attachments: # 1 Proposed Order)(Donnelly, Matthew) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
103

NOTICE OF APPEAL to the 9th CCA filed by Movant/Appellant Daniel Trebas. Appeal of MINUTES (IN CHAMBERS): ORDER DENYING Motion for Exercise of Rights for Intervention 59 . Filed On: 10/31/2011; Entered On: 11/01/2011; Filing fee $ 455 billed. cc: Daniel Trebas. (dmap); Modified on 11/28/2011 (dmap). (Entered: 11/28/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
64

ORDER by Judge Audrey B. Collins, having read and considered the Parties' Stipulation to extend Court's Jurisdiction 63, Atascadero and Patton State Hospital are no longer subject to the Amended Consent Judgment; and As to Metropolitan and Napa State Hospital, absent any motion by either Party that is accepted by this Court, this Court's jurisdiction over both the Amended Consent Judgment and this Court's jurisdiction over this case will automatically terminate on 12/2/11. (ir) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
104

FILING FEE LETTER issued as to Movant/Appellant Daniel Trebas re Notice of Appeal to 9th Circuit Court of Appeals 103 . (dmap) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
300

Mail Returned addressed to George Eden re Minutes of In Chambers 61 . "Late docketing due to Clerk's Office error." (lom) (Entered: 04/24/2013)

Nov. 30, 2011

Nov. 30, 2011

PACER
105

NOTICE OF MOTION AND MOTION to Enforce Amended Consent Judgment filed by Plaintiff United States of America. Motion set for hearing on 1/23/2012 at 10:00 AM before Judge Audrey B. Collins. (Attachments: # 1 Memorandum, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Proposed Order)(Donnelly, Matthew) (Entered: 12/03/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
106

NOTIFICATION by Circuit Court of Appellate Docket Number 11-57098, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 103 as to Movant Appellant Daniel Trebas. (car) (Entered: 12/05/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
107

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 103 filed by Daniel Trebas, CCA # 11-57098. A review of the docket reflects that appellant has not paid the docketing and filing fees for this appeal. Within 21 days from the date of this order, appellant shall: 1) file a motion with this court to proceed in forma pauperis; 2) pay $455.00 to this court as the docketing and filing fees for this appeal and provide proof of payment to this court; or 3) otherwise show cause why the appeal should not be dismissed for failure to prosecute. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. Any motion to proceed in forma pauperis must include a financial declaration such as the attached Form 4. If appellant fails to comply with this order, this appeal will be dismissed automatically by the Clerk for failure to prosecute. Order received in this district on 12/5/11. (car) (Entered: 12/06/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
248

APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 103 as to Movant/Appellant Daniel Trebas; Receipt Number: LA032500 in the amount of $455. (dmap) (Entered: 01/05/2012)

Dec. 15, 2011

Dec. 15, 2011

PACER
243

Notice of Change of Attorney filed by Defendants Dave Graziani, Melvin E Hunter, Octavio Carlos Luna, Stephen W Mayberg, Sharon Smith Nevins, Arnold Schwarzeneggar, State of California (Angelopoulos, Tracey) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
244

STIPULATION to Continue Hearing Date from January 23, 2012 to February 13, 2012 filed by defendants Melvin E Hunter, Octavio Carlos Luna, Stephen W Mayberg, Sharon Smith Nevins, Arnold Schwarzeneggar, State of California. (Attachments: # 1 Proposed Order to Continue Hearing Date)(Angelopoulos, Tracey) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
245

NOTICE of Change of Attorney Information for attorney George Dey Prince counsel for Defendants Dave Graziani, Melvin E Hunter, Octavio Carlos Luna, Stephen W Mayberg, Sharon Smith Nevins, Arnold Schwarzeneggar, State of California. Changing address to 455 Golden Gate Ave., Suite 11000, San Francisco, CA 94102-7004. Changing email and fax to george.prince@doj.ca.gov ; fax: 415-703-5480. Adding George Dey Prince as attorney as counsel of record for all State defendants for the reason indicated in the G-06 Notice. Filed by defendants State of California (Prince, George) (Entered: 01/03/2012)

Jan. 3, 2012

Jan. 3, 2012

PACER
246

NOTICE of Change of Attorney Information for attorney George Dey Prince counsel for Defendants Dave Graziani, Melvin E Hunter, Octavio Carlos Luna, Stephen W Mayberg, Sharon Smith Nevins, Arnold Schwarzeneggar, State of California. Changing email and fax number to george.prince@doj.ca.gov ; fax 415-703-5480. Adding George Dey Prince as attorney as counsel of record for all State defendants for the reason indicated in the G-06 Notice. Filed by defendants State of California, et al. (Prince, George) (Entered: 01/03/2012)

Jan. 3, 2012

Jan. 3, 2012

PACER

Notice of Electronic Filing re Notice of Change of Attorney Information (G-06) 246, Notice of Change of Attorney Information (G-06) 245 e-mailed to Tracey L. Angelopoulos bounced due to invalid e-mail address. The primary e-mail address associated with the attorney record has been deleted. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. (jj) TEXT ONLY ENTRY

Jan. 3, 2012

Jan. 3, 2012

PACER
247

ORDER GRANTING STIPULATION TO CONTINUE January 23, 2012 Hearing On United States' Motion To Enforce The Amended Consent Judgment by Judge Audrey B. Collins, re Stipulation 244 : This Court, having considered the parties' stipulation and good cause appearing, hereby GRANTS the parties' stipulation for a continuance. The January 23, 2012 hearing on Plaintiff's motion to enforce the amended consent judgment is hereby continued to February 13, 2012. (bm) (Entered: 01/03/2012)

Jan. 3, 2012

Jan. 3, 2012

PACER
251

OPPOSITION to MOTION to Enforce Amended Consent Judgment 105 filed by Defendant State of California. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Exhibit, # 5 Affidavit)(Prince, George) (Entered: 01/23/2012)

Jan. 23, 2012

Jan. 23, 2012

PACER
252

STIPULATION to Continue Motion to Enforce from 2/13/12 to 3/5/12 Re: Order, Set/Reset Motion Hearing and R&R Deadlines,, 247, MOTION to Enforce Amended Consent Judgment 105 filed by Plaintiff United States of America. (Attachments: # 1 Proposed Order)(Donnelly, Matthew) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
253

ORDER by Chief Judge Audrey B. Collins, re Stipulation to Continue, 252, This Court,...hereby GRANTS the Parties' Stipulation for a continuance. The February 13, 2012, hearing on the United States' Motion to Enforce the Amended Consented Judgment is continued to March 5, 2012.... The hearings re Motion originally scheduled have been rescheduled( Motion set for hearing on 3/5/2012 at 10:00 AM before Judge Audrey B. Collins.) (lw) (Entered: 01/30/2012)

Jan. 27, 2012

Jan. 27, 2012

PACER
255

MINUTE ORDER IN CHAMBERS re Letter to the Court by Judge Audrey B. Collins: On February 2, 2012, the Court received a letter from Dr. Alex Sahba, President of Medical Staff at Metropolitan State Hospital. This letter is improper and the Court has not considered any matters stated therein. See Local Rule 83-2.11 ("All matters shall be called to a judges attention by appropriate application or motion filed in compliance with the[] Local Rules."). (bm) (Entered: 02/03/2012)

Feb. 3, 2012

Feb. 3, 2012

PACER
256

STIPULATION to Continue hearing from 3/5/12 to 6/25/12 Re: Order, Set/Reset Motion Hearing and R&R Deadlines,, 253, MOTION to Enforce Amended Consent Judgment 105 filed by Plaintiff United States of America. (Attachments: # 1 Proposed Order)(Donnelly, Matthew) (Entered: 02/14/2012)

Feb. 14, 2012

Feb. 14, 2012

PACER
257

ORDER by Judge Audrey B. Collins, re Stipulation to Continue, 256 : The Parties have submitted a stipulation requesting a continuance of the hearing, regarding the United States' Motion to Enforce the Amended Consent Judgment, ECF No. 105, presently scheduled for March 5, 2012. This Court, having considered the Parties Stipulation and good cause appearing, hereby GRANTS the Parties Stipulation for a continuance. The March 5, 2012, hearing on the United States Motion to Enforce the Amended Consent Judgment is continued to June 25, 2012. (bm) (Entered: 02/16/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
258

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 103 filed by Daniel Trebas CCA # 11-57098. The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status. Appellee State of California's opposed motion to file a late response to appellant's emergency motion for a preliminary injunction is granted. The response is deemed filed. Appellant's emergency motion for a preliminary injunction is denied. Because appellant is proceeding without counsel, the excerpts of record requirement is waived. See 9th Cir. R. 30-1.2. Appellees' supplemental excerpts of record are limited to the district court docket sheet, the notice of appeal, the judgment or order appealed from, and any specific portions of the record cited in appellees' brief. See 9th Cir. R. 30-1.7.The briefing schedule established previously shall remain in effect. Order received in this district on 3/13/2012. (dmap) (Entered: 03/15/2012)

March 13, 2012

March 13, 2012

PACER
259

Mail Returned addressed to Andy Sessions, Attempted Not Known, No Such Name, re USCA Order 258 . (bm) (Entered: 04/10/2012)

April 9, 2012

April 9, 2012

PACER
260

Mail Returned addressed to Gary Ramirez, Attempted Not Known, No Such Name, re USCA Order 258 . (bm) (Entered: 04/10/2012)

April 9, 2012

April 9, 2012

PACER
261

MAIL RETURNED addressed to Ernesto Fuentes at Atascadero State Hospital re USCA Order 258 (ir) (Entered: 04/10/2012)

April 9, 2012

April 9, 2012

PACER
262

MAIL RETURNED addressed to Paul Thompson at Atascadero State Hospital re USCA Order 258 (ir) (Entered: 04/10/2012)

April 9, 2012

April 9, 2012

PACER
263

MAIL RETURNED addressed to Kennet H at Atascadero State Hospital re USCA Order 258 (ir) (Entered: 04/10/2012)

April 9, 2012

April 9, 2012

PACER
264

MAIL RETURNED addressed to Jason Athiede at Atascadero State Hospital re USCA Order 258 (ir) (Entered: 04/10/2012)

April 9, 2012

April 9, 2012

PACER
265

MAIL RETURNED addressed to Tim Taylor at Atascadero State Hospital re USCA Order 258 (ir) (Entered: 04/10/2012)

April 9, 2012

April 9, 2012

PACER
266

MAIL RETURNED addressed to Reginald Blaunt at Atascadero State Hospital re USCA Order 258 (ir) (Entered: 04/10/2012)

April 9, 2012

April 9, 2012

PACER
267

MAIL RETURNED addressed to Peter Cobb at Atascadero State Hospital re USCA Order 258 (ir) (Entered: 04/10/2012)

April 9, 2012

April 9, 2012

PACER
268

MAIL RETURNED addressed to Jimmy Martinez at Atascadero State Hospital re USCA Order 258 (ir) (Entered: 04/10/2012)

April 9, 2012

April 9, 2012

PACER
269

EX PARTE APPLICATION to Continue hearing from 6/25/12 to 8/27/12 Re: Order, Set/Reset Motion Hearing and R&R Deadlines,,,, 257, MOTION to Enforce Amended Consent Judgment 105 filed by plaintiff United States of America. (Attachments: # 1 Declaration of counsel, # 2 Memorandum in Support, # 3 Declaration of Court Monitor, # 4 Proposed Order)(Donnelly, Matthew) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
270

OPPOSITION to EX PARTE APPLICATION to Continue hearing from 6/25/12 to 8/27/12 Re: Order, Set/Reset Motion Hearing and R&R Deadlines,,,, 257, MOTION to Enforce Amended Consent Judgment 105 EX PARTE APPLICATION to Continue hearing from 6/25/12 to 8/27/12 Re: Order, Set/Reset Motion Hearing and R&R Deadlines,,,, 257, MOTION to Enforce Amended Consent Judgment 105 269 filed by Defendant State of California. (Prince, George) (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

PACER
271

ORDER by Judge Audrey B. Collins: NOTE: CHANGES MADE BY THE COURT - Granting 269 United States' Ex Parte Application to Continue the June 25, 2012 hearing. The June 25, 2012 hearing is continued to AUGUST 20, 2012 at 10:00 AM before Judge Audrey B. Collins. (lw) (Entered: 06/12/2012)

June 11, 2012

June 11, 2012

PACER
272

EX PARTE APPLICATION to Continue hearing from 8/20/12 to 9/24/12 Re: MOTION to Enforce Amended Consent Judgment 105, Order on Ex Parte Application to Continue, 271 filed by plaintiff United States of America. (Attachments: # 1 Memorandum, # 2 Declaration of counsel, # 3 Proposed Order)(Donnelly, Matthew) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
273

OPPOSITION Opposition to Plaintiffs Ex Parte Application to Continue the August 20, 2012, Hearing Date on Plaintiffs Motion to Enforce the Consent Judgment re: EX PARTE APPLICATION to Continue hearing from 8/20/12 to 9/24/12 Re: MOTION to Enforce Amended Consent Judgment 105, Order on Ex Parte Application to Continue, 271 EX PARTE APPLICATION to Continue hearing from 8/20/12 to 9/24/12 Re: MOTION to Enforce Amended Consent Judgment 105, Order on Ex Parte Application to Continue, 271 272 filed by Defendants Octavio Carlos Luna, Stephen W Mayberg, Sharon Smith Nevins, Arnold Schwarzeneggar, State of California. (Prince, George) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
274

MINUTES (IN CHAMBERS) ORDER RE: Motion to Enforce Consent Judgment by Judge Audrey B. Collins granting 272 Ex Parte Application to Continue: On August 13, 2012, Plaintiff United States filed an ex parte application to continue the hearing on its pending Motion to Enforce the Consent Judgment in this case, which is currently set for Monday, August 20, 2012 at 10:00 a.m. (Docket No. 272.) Defendants State of California, et al., opposed on August 14, 2012. The Court GRANTS the request and CONTINUES the hearing on the motion to Monday, September 24, 2012 at 10:00 a.m. The Court ORDERS the parties to file simultaneous briefs no later than Monday, September 17, 2012, updating the Court on the monitor's final assessment of the state's compliance with the restraint provision of the consent judgment at Napa State Hospital following the coroner's report on the recent restraint death there. It appears that the monitor has found the state in compliance with the rest of the provisions of the consent judgment raised in the pending motion and the United States is no longer pressing those issues (Ex Parte App. 9), so the parties must explain to the Court what matters remain outstanding and what relief is now necessary in this case, if any. (bm) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
275

STATEMENT of DEFENDANTS BRIEF re: MATTERS OUTSTANDING AND LACK OF NEED FOR ANY ADDITIONAL RELIEF SAVE FOR TERMINATION OF AMENDED CONSENT JUDGMENT EX PARTE APPLICATION to Continue hearing from 8/20/12 to 9/24/12 Re: MOTION to Enforce Amended Consent Judgment 105, Order on Ex Parte Application to Continue, 271 EX PARTE APPLICATION to Continue hearing from 8/20/12 to 9/24/12 Re: MOTION to Enforce Amended Consent Judgment 105, Order on Ex Parte Application to Continue, 271 272 DEFENDANTS BRIEF re: MATTERS OUTSTANDING AND LACK OF NEED FOR ANY ADDITIONAL RELIEF SAVE FOR TERMINATION OF AMENDED CONSENT JUDGMENT filed by Defendant State of California. (Prince, George) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
276

SUPPLEMENT to MOTION to Enforce Amended Consent Judgment 105 filed by Plaintiff United States of America. (Attachments: # 1 Declaration of Monitor)(Donnelly, Matthew) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
295

MINUTES: MOTION TO ENFORCE AMENDED CONSENT JUDGMENT 105 : Matter called. Tentative given to counsel. Court and counsel confer regarding tentative. Court and counsel discuss the position of monitor. The Court having heard from counsel, will maintain tentative. Counsel ORDERED to e-file a joint report 10 days after monitor's two evaluations are completed, updating the Court. If a final report is done, the Court would like that submitted also. Tentative order to follow, which reflects the ruling of the above motion IT IS SO ORDERED by Judge Audrey B. Collins Court Reporter: Katherine Stride. (ir) (Entered: 09/26/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
277

Mail Returned addressed to Richard Cortez re Order RE: Motion to Enforce Consent Judgment 274 . (mat) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
278

Mail Returned addressed to Kennet H re Order RE: Motion to Enforce Consent Judgment 274 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
279

Mail Returned addressed to Ron Cynman re ORDER GRANTING STIPULATION TO CONTINUE January 23, 2012 Hearing On United States' Motion To Enforce The Amended Consent Judgment 247 (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
280

Mail Returned addressed to Juan Gutierrez re Order to Continue 253 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
281

Mail Returned addressed to George Bell re Order to Continue 253 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
282

Mail Returned addressed to Paul Thurman re Order to Continue 253 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
283

Mail Returned addressed to Chris L re Order to Continue 253 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
284

Mail Returned addressed to Tod Koep re Order to Continue 253 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
285

Mail Returned addressed to Michael Lanning re Order to Continue 253 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
286

Mail Returned addressed to Scott Zimmerman re Order to Continue 253 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
287

Mail Returned addressed to Luis Garcia re Order to Continue 257 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
288

Mail Returned addressed to Luis Garcia re Order to Continue 253 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
289

Mail Returned addressed to Eduardo Castanon re Order to Continue 253 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
290

Mail Returned addressed to Ron McLean re Order to Continue 253 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
291

Mail Returned addressed to James Deby re Order to Continue 253 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
292

Mail Returned addressed to Kennet H re Order to Continue 253 . (mat) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER

Case Details

State / Territory: California

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 2, 2006

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice (Civil Rights Division)

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of California, State

Napa State Hospital, State

Metropolitan State Hospital ( Norwalk), State

Patton State Hospital, State

Atascadero State Hospital (Atascadero, San Luis Obispo), State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - 2013

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Reporting

Monitor/Master

Monitoring

Issues

General:

Access to lawyers or judicial system

Aggressive behavior

Classification / placement

Confidentiality

Confinement/isolation

Education

Food service / nutrition / hydration

Habilitation (training/treatment)

Individualized planning

Neglect by staff

Record-keeping

Restraints : chemical

Restraints : physical

Sanitation / living conditions

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Special education

Staff (number, training, qualifications, wages)

Suicide prevention

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Autism

Brain injury

Depression

Intellectual/developmental disability, unspecified

Learning disability

Medical/Mental Health:

Dental care

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Medical care, general

Medication, administration of

Mental health care, general

Self-injurious behaviors

Suicide prevention

Vision care

Type of Facility:

Government-run

Benefit Source:

Medicaid