U.S.A. v. State of California

DOJ CRIPA Investigation of Metropolitan State Hospital, Norwalk, California

No Court

DOJ CRIPA Investigation of Metropolitan State Hospital, Norwalk, California

No Court

DOJ CRIPA Investigation of Napa State Hospital, Napa, California

No Court

DOJ CRIPA Investigation of Metropolitan State Hospital, Norwalk, California

No Court

No Court

USA v. State of California

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)

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

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

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

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)

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

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)

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)

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)

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

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)

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)

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)

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

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

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

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)

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)

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)

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

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

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)

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)

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)

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)

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

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

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)

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)

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)

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)

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)

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)

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)

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

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

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)

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

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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

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

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

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

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

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

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

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

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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

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)

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

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

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

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

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

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

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

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

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

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

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

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

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