Case: Woods v. Myers

3:07-cv-01078 | U.S. District Court for the Southern District of California

Filed Date: June 13, 2007

Closed Date: July 13, 2012

Clearinghouse coding complete

Case Summary

On June 13, 2007, private attorneys and attorneys for the ACLU's National Prison Project, the ACLU Immigrants' Rights Project, and the ACLU of San Diego & Imperial Counties filed a class action lawsuit in the U.S. District Court for the Southern District of California, challenging allegedly inadequate medical care provided to immigrant detainees at the San Diego Correctional Facility (SDCF). The Facility was a contract detention facility in Otay Mesa, California, operated by the Corrections Co…

On June 13, 2007, private attorneys and attorneys for the ACLU's National Prison Project, the ACLU Immigrants' Rights Project, and the ACLU of San Diego & Imperial Counties filed a class action lawsuit in the U.S. District Court for the Southern District of California, challenging allegedly inadequate medical care provided to immigrant detainees at the San Diego Correctional Facility (SDCF). The Facility was a contract detention facility in Otay Mesa, California, operated by the Corrections Corporation of America. Civil immigration detainees in the custody of U.S. Immigration and Customs Enforcement (ICE), part of the U.S. Department of Homeland Security, were housed there pursuant to a contractual agreement between CCA and the federal government. On average, the facility housed 600-800 male and female immigration detainees for periods of time ranging from several weeks to several years.

Plaintiffs alleged that detainees were denied constitutionally adequate medical and mental health care, dental, and vision care. Plaintiffs further alleged that in some instances denial of treatment put pressure on immigrants to waive their hearing rights and thereby expedite their deportation, in hopes of receiving treatment. Plaintiffs sought declaratory and injunctive relief, as well as class certification. ICE responded by moving to dismiss the case. In October 2007, the court (Judge Sabraw) denied dismissal as to the majority of Plaintiffs, although a few were released from the litigation on technical grounds.

After Judge Sabraw denied class certification in December 2007, plaintiffs were granted permission to appeal by the 9th Circuit Court of Appeals. Prior to argument in the Court of Appeals, they settled the case in mediation, in late 2010. Under the settlement, SDCF was required to comply with a number of National Council on Correctional Health Care standards, hire additional staffing to expedite care, take steps to expedite care when requested, new standards for balancing security and healthcare needs, and regular reporting requirements. SDCF had one year from the date of approval of the settlement to comply with NCCHC standards and receive certification from that organization of such, before the order could be terminated. The order applied only to SDCF, not to conditions in any other facility. A settlement class was certified and the settlement was approved by the District Court in June of 2011. The case was closed in July of 2012, indicating compliance with the court order without incident.

Summary Authors

Dan Dalton (9/24/2007)

Carlos Torres (6/24/2013)

People


Judge(s)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Bhat, Ghouri (Texas)

Fathi, David Cyrus (District of Columbia)

Jawetz, Tom-Tsvi M. (District of Columbia)

Kelly, Mary Kathryn (California)

Loy, John David (California)

Rabinovitz, Judy (New York)

Ramírez, Mónica M. (California)

Stiegler, Anthony Michael (California)

Judge(s)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Bhat, Ghouri (Texas)

Fathi, David Cyrus (District of Columbia)

Jawetz, Tom-Tsvi M. (District of Columbia)

Kelly, Mary Kathryn (California)

Loy, John David (California)

Rabinovitz, Judy (New York)

Ramírez, Mónica M. (California)

Stiegler, Anthony Michael (California)

Attorneys(s) for Defendant

Banach, Micaela P.S. (California)

Browning, William Kiyoshi (California)

Go, Samuel P. (District of Columbia)

Lawrence, Victor M. (District of Columbia)

Love, Rachel (Arizona)

Monks, David B. (California)

Shelton, Micaela P. (California)

Struck, Daniel Patrick (Arizona)

Yurk, Russell R. (Arizona)

Documents in the Clearinghouse

Document

Docket (PACER)

July 13, 2012 Docket
1

Class Action Complaint for Injunctive and Declaratory Relief

June 13, 2007 Complaint

ACLU Press Release

No Court

June 13, 2007 Press Release
45

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS

Oct. 29, 2007 Order/Opinion
48

DEFENDANTS’ ANSWER TO PLAINTIFFS’ COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

Woods, et al., v. Myers, et al.

Nov. 13, 2007 Pleading / Motion / Brief
51

ORDER DENYING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

EAMMA JEAN WOODS, et al., v. JULIE L. MYERS, et al.,

Dec. 11, 2007 Order/Opinion

Settlement Agreement (unsigned)

Woods v. Morton

Dec. 16, 2010 Settlement Agreement
94

ORDER APPOINTING CLASS COUNSEL AND GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

WOODS, et al., v. MORTON, et al.

June 10, 2011 Order/Opinion
102

ORDER OF DISMISSAL WITH PREJUDICE

WOODS v. MORTON

July 13, 2012 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against all defendants (Filing fee $ 350, receipt #139305) , filed by Winston Carcamo, Fred Nganga Ngugi, Marta Monteagudo−Guerrero, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa.(dro)(mam). (Entered: 06/15/2007)

June 13, 2007
3

Summons Issued. (dro) (Entered: 06/15/2007)

June 13, 2007
4

Document Stricken from the record pursuant to Order 7 Notice of Motion and MOTION to Certify Class by Winston Carcamo, Fred Nganga Ngugi, Marta Monteagudo−Guerrero, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa. (mjj, ) Attachment(s) added on 6/15/2007 (mjj, ). Modified on 6/15/2007 to add striking text (mjj, )(mam, ). (Entered: 06/15/2007)

June 13, 2007
5

Document Stricken from the record pursuant to Order 7 NOTICE Memorandum of Points and Authorities re 4 MOTION to Certify Class by Winston Carcamo, Fred Nganga Ngugi, Marta Monteagudo−Guerrero, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa (mjj, ) Attachment(s) added on 6/15/2007 (mjj, ). Modified on 6/15/2007 to add striking text (mjj), (mam). (Entered: 06/15/2007)

June 13, 2007
6

NOTICE of Related Case by Winston Carcamo, Fred Nganga Ngugi, Marta Monteagudo−Guerrero, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa: Case No. 05−CV−1013−DMS (PCL) (low number order prepared) (mjj, ) Modified on 6/15/2007 to add order text (mjj, )(mam). (Entered: 06/15/2007)

June 13, 2007
7

Discrepancy Order by Judge M. James Lorenz rejecting document: 4 Notice of Motion and Motion for Class Certification; 5 Memorandum of Points and Authorities filed by Plaintiffs, non−compliance with local rule Civ. L. Rule 7.1 or 47.1 − Date notices for hearing not in compliance with rules/Document(s) are not timely; Civ. L. Rule 5.2 − Missing certificate of service; ECF 1(b); 2(a) − All documents, other than those specified in the ECF Manual, must be e−filed. The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 6/14/2007. (mjj, ) (mam). (Entered: 06/15/2007)

June 14, 2007
8

PRO HAC VICE APPOINTED: Tom−Tsvi M. Jawetz appearing for Plaintiff Eamma Jean Woods. Local counsel Athony M Stiegler. (mam) (Entered: 06/20/2007)

June 18, 2007
9

PRO HAC VICE APPOINTED: Gouri N Bhat appearing for Plaintiff Eamma Jean Woods. Local counsel is Anthony Steigler. (mam) (Entered: 06/20/2007)

June 18, 2007
10

Report of Clerk and ORDER of Transfer Pursuant to "Low−Number" Rule. It is hereby Ordered that this case is tranferred to the calendar of Judge Sabraw and Magistrate Judge Lewis for all further proceedings. Signed by Judge M. James Lorenz on 06/19/07. (jcj) (Entered: 06/20/2007)

June 20, 2007
11

MOTION to Certify Class by Winston Carcamo, Fred Nganga Ngugi, Marta Monteagudo−Guerrero, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa. (Attachments: # 1 Memo of Points and Authorities)(Kelley, Mary) (Entered: 06/22/2007)

June 22, 2007
12

PRO HAC VICE APPOINTED: David Fathi appearing for Plaintiffs Winston Carcamo, Fred Nganga Ngugi, Marta Monteagudo−Guerrero, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa. (jcj) (Entered: 06/28/2007)

June 28, 2007
13

WAIVER OF SERVICE Returned Executed by Joe Easterling. Joe Easterling waiver sent on 6/19/2007, answer due 8/20/2007. (Struck, Daniel) (Entered: 06/29/2007)

June 29, 2007
14

PRO HAC VICE APPOINTED: Samuel P Go appearing for Defendants Julie L Myers, John P Torres, Robin Baker, Anthony Cerone (jcj) (Entered: 07/20/2007)

July 19, 2007
16

ORDER Granting 15 Joint Motion to Extend the Deadline for Defendants' Opposition to Plaintiffs' 11 MOTION for Class Certification, Plaintiffs' Reply, and the Class Certification Hearing Date. 08/10/07 Motion hearing continued to 10/26/07, at 1:30 pm. Defendants shall file their opposition by 10/05/07. Plaintiff shall file their reply by 10/19/07. Signed by Judge Dana M. Sabraw on 08/02/07. (jcj) (Entered: 08/03/2007)

Aug. 2, 2007
17

ORDER Modifying 16 Briefing Schedule, re 11 MOTION for Class Certification. Motion hearing currently scheduled for 10/26/07, at 1:30 pm. The briefing schedule is modified as follows: Defendants shall file their opposition by 09/21/07. Plaintiffs shall file their reply by 10/05/07. Signed by Judge Dana M. Sabraw on 08/08/07. (jcj) (Entered: 08/08/2007)

Aug. 8, 2007
18

WAIVER OF SERVICE Returned Executed by Corrections Corporation of America Inc. Corrections Corporation of America Inc waiver sent on 6/19/2007, answer due 8/20/2007. (Struck, Daniel) (Entered: 08/09/2007)

Aug. 9, 2007
19

SUMMONS Returned Executed by Eamma Jean Woods. Julie L Myers served on 6/19/2007, answer due 8/20/2007; John P Torres served on 6/19/2007, answer due 8/20/2007; Robin Baker served on 6/19/2007, answer due 8/20/2007; Anthony Cerone served on 6/19/2007, answer due 8/20/2007; Neil Sampson served on 6/19/2007, answer due 8/20/2007; Timothy Shack served on 6/19/2007, answer due 8/20/2007; Philip Jarres served on 6/19/2007, answer due 8/20/2007; Tonya Walston served on 6/19/2007, answer due 8/20/2007; Stephen Gonsalves served on 6/19/2007, answer due 8/20/2007; Esther Yun−Ling Hui served on 6/19/2007, answer due 8/20/2007; David Lusche served on 6/19/2007, answer due 8/20/2007; Edmund Jedry served on 6/19/2007, answer due 8/20/2007; Scott J Salvatore served on 6/19/2007, answer due 8/20/2007. (Adams, Peter) (Entered: 08/09/2007)

Aug. 9, 2007
20

SUMMONS Returned Executed by Eamma Jean Woods. Corrections Corporation of America Inc served on 8/3/2007, answer due 8/23/2007. (Adams, Peter) (Entered: 08/09/2007)

Aug. 9, 2007
21

CERTIFICATE OF SERVICE by Eamma Jean Woods of Summons and Complaint on U.S. Attorney (Adams, Peter) (Entered: 08/09/2007)

Aug. 9, 2007
22

CERTIFICATE OF SERVICE by Eamma Jean Woods re 3 Summons Issued as to USA, 1 Complaint, (Adams, Peter) (Entered: 08/09/2007)

Aug. 9, 2007
23

MOTION to Dismiss by Corrections Corporation of America Inc, Joe Easterling. (Attachments: # 1 Notice Notice of Motion to Dismiss# 2 Memo of Points and Authorities Memorandum of Points &Authorities in Support of Mot to Dismiss# 3 Proof of Service Certificate of Service)(Shelton, Micaela) (Entered: 08/14/2007)

Aug. 14, 2007
24

MOTION to Dismiss Plaintiffs' Complaint by Julie L Myers, John P Torres, Robin Baker, Anthony Cerone, Neil Sampson, Timothy Shack, Philip Jarres, Tonya Walston, Stephen Gonsalves, Esther Yun−Ling Hui, David Lusche, Edmund Jedry, Scott J Salvatore. (Attachments: # 1 Memo of Points and Authorities # 2 Exhibit Declaration of Miguel Vallejo)(Go, Samuel) (Entered: 08/16/2007)

Aug. 16, 2007
25

Joint MOTION to Dismiss of Federal Defendants by Corrections Corporation of America Inc, Joe Easterling. (Shelton, Micaela) Modified on 8/24/2007 (jcj) Atty contacted. Motion termed. E−filed in error as "Motion to Dismiss". Document is a "Notice of Joinder" to 24 Motion to Dismiss. (Entered: 08/20/2007)

Aug. 20, 2007
26

PRO HAC VICE APPOINTED: Russell R Yurk appearing for Defendants Corrections Corporation of America Inc, Joe Easterling. (jcj) Modified on 9/24/2007 (jcj) Contacted by firm. Modified Defendants who Atty appearing for. (Entered: 09/05/2007)

Sept. 4, 2007
27

PRO HAC VICE APPOINTED: Rachel Love appearing for Defendants Corrections Corporation of America Inc, Joe Easterling (jcj) (Entered: 09/05/2007)

Sept. 4, 2007
29

MOTION to Withdraw as Attorney of Record (Pursuant to S.D. Cal. CivLR 83.3(g)(3)) by Winston Carcamo, Fred Nganga Ngugi, Marta Monteagudo−Guerrero, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa. (Attachments: # 1 Proof of Service)(Fathi, David) (Entered: 09/17/2007)

Sept. 17, 2007
30

DECLARATION re 29 MOTION to Withdraw as Attorney of Record (Pursuant to S.D. Cal. CivLR 83.3(g)(3)) MOTION to Withdraw as Attorney of Record (Pursuant to S.D. Cal. CivLR 83.3(g)(3)) by Plaintiffs Winston Carcamo, Fred Nganga Ngugi, Marta Monteagudo−Guerrero, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa. (Fathi, David) (Entered: 09/20/2007)

Sept. 20, 2007
31

MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Certify Class and Plaintiff's Reply by Corrections Corporation of America Inc, Joe Easterling. (Love, Rachel) Modified on 9/25/2007 (jcj) Motion termed. Amended Motion filed, see 32 . (Entered: 09/20/2007)

Sept. 20, 2007
32

Amended MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Certify Class and Plaintiff's Reply by Corrections Corporation of America Inc, Joe Easterling. (Love, Rachel) (Entered: 09/21/2007)

Sept. 21, 2007
33

REPLY to Response to Motion re 24 MOTION to Dismiss Plaintiffs' Complaint filed by Julie L Myers, John P Torres, Robin Baker, Anthony Cerone, Neil Sampson, Timothy Shack, Philip Jarres, Tonya Walston, Stephen Gonsalves, Esther Yun−Ling Hui, David Lusche, Edmund Jedry, Scott J Salvatore. (Go, Samuel) (Entered: 09/21/2007)

Sept. 21, 2007
34

REPLY re 23 MOTION to Dismiss filed by Corrections Corporation of America Inc, Joe Easterling. (Love, Rachel) (Entered: 09/21/2007)

Sept. 21, 2007
35

ORDER Granting Leave to Withdraw as Counsel of Record, re 29 Motion. Attorney David Fathi terminated as to plaintiffs Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa, Winston Carcamo, Fred Nganga Ngugi, Marta Monteagudo−Guerrero, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, and Romeo Fomai. Signed by Judge Dana M. Sabraw on 09/24/07. (jcj) (Entered: 09/25/2007)

Sept. 24, 2007
36

ORDER Granting Defendants' 32 Amended Unopposed MOTION to Extend the Deadline for Defendants' Opposition to Plaintiffs' 11 MOTION for Class Certification, and Plaintiffs' Reply. Defendants shall file their Opposition to Plaintiffs' Motion for Class Certification by 09/25/07. Plaintiffs shall file their Reply by 10/09/07. Signed by Judge Dana M. Sabraw on 09/25/07. (jcj) (Entered: 09/25/2007)

Sept. 25, 2007
37

ORDER Re: Oral Argument, re 23 MOTION to Dismiss, 24 MOTION to Dismiss. Motion Hearing currently scheduled for 09/28/07. The Court finds this matter suitable for submission without oral argument pursuant to Local Civil Rule 7.1(d)(1). Accordingly, no appearances are required at this time. Signed by Judge Dana M. Sabraw on 09/25/07. (jcj) (Entered: 09/25/2007)

Sept. 25, 2007
38

RESPONSE in Opposition re 11 MOTION to Certify Class filed by Julie L Myers, John P Torres, Robin Baker, Anthony Cerone, Neil Sampson, Timothy Shack, Philip Jarres, Tonya Walston, Stephen Gonsalves, Esther Yun−Ling Hui, David Lusche, Edmund Jedry, Scott J Salvatore. (Attachments: # 1 Exhibit 1 &2)(Go, Samuel) (Entered: 09/25/2007)

Sept. 25, 2007
40

PRO HAC VICE APPOINTED: Daniel P Struck appearing for Defendants Corrections Corporation of America Inc, Joe Easterling (jcj) (Entered: 09/26/2007)

Sept. 26, 2007
41

NOTICE of Joinder by Corrections Corporation of America Inc, Joe Easterling re 38 Response in Opposition to Motion, (Love, Rachel) (jcj). (Entered: 10/01/2007)

Oct. 1, 2007
42

Ex Parte MOTION for Leave to File Excess Pages by Winston Carcamo, Fred Nganga Ngugi, Marta Monteagudo−Guerrero, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa. (Attachments: # 1 Proof of Service)(Jawetz, Tom−Tsvi)(jcj). (Entered: 10/09/2007)

Oct. 9, 2007
43

REPLY to Response to Motion re 11 MOTION to Certify Class, filed by Winston Carcamo, Fred Nganga Ngugi, Marta Monteagudo−Guerrero, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa. (Attachments: # 1 Declaration # 2 Exhibit Declaration of Tom Jawetz ISO Plaintiffs' Reply to Motion for Class Certification# 3 Proof of Service)(Jawetz, Tom−Tsvi) (jcj). (Entered: 10/09/2007)

Oct. 9, 2007
44

ORDER Granting Plaintiffs' 42 Ex Parte Application Seeking Leave to Exceed the Page Limit of CivLR 7.1(h). It is hereby Ordered that the Reply Memorandum of Points and Authorities in Further Support of Plaintiffs' Motion for Class Certification under the Complaint shall remain on file. Signed by Judge Dana M. Sabraw on 10/12/07. (jcj) (Entered: 10/16/2007)

Oct. 16, 2007
45

ORDER Granting in Part and Denying in Part Defendants' Motions to Dismiss, re 23 Motion, 24 Motion, 25 Joinder. Defendants' Joint Motion to dismiss is GRANTED as to Plaintiffs Carcamo and Monteagudo−Guerrero, and DENIED as to all other Plaintiffs. CCA and Easterling's Motion to Dismiss is DENIED in its entirety. Signed by Judge Dana M. Sabraw on 10/29/07. (jcj) (Entered: 10/29/2007)

Oct. 29, 2007
46

ORDER Re: Oral Argument, re 11 MOTION to Certify Class. Motion Hearing currently scheduled for 10/26/07. That hearing date is VACATED due to court closures until further notice. Signed by Judge Dana M. Sabraw on 10/29/07. (jcj) (Entered: 10/29/2007)

Oct. 29, 2007
47

ORDER Rescheduling Oral Argument, re 11 MOTION for Class Certification. Motion Hearing set for 11/30/2007 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw. Signed by Judge Dana M. Sabraw on 10/31/07. (jcj) (Entered: 10/31/2007)

Oct. 31, 2007
48

Federal Defendants' ANSWER to Complaint for Injunctive and Declaratory Relief by Julie L Myers, John P Torres, Robin Baker, Anthony Cerone, Neil Sampson, Timothy Shack, Philip Jarres, Tonya Walston, Stephen Gonsalves, Esther Yun−Ling Hui, David Lusche, Edmund Jedry, Scott J Salvatore.(Go, Samuel) (lao). (Entered: 11/13/2007)

Nov. 13, 2007
49

ANSWER to Complaint with Jury Demand by Corrections Corporation of America Inc, Joe Easterling. (Attachments: # 1 Notice Demand for Jury Trial)(Love, Rachel) (lao). (Entered: 11/14/2007)

Nov. 14, 2007
50

Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 11/30/2007 re 11 MOTION to Certify Class filed by Marta Monteagudo−Guerrero, Fred Nganga Ngugi, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Luis Alberto Tinoco, Winston Carcamo, Gloria Vanegas, Sylvester Owino, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa. Motion taken under submission. Court to issue order. (Court Reporter LeeAnn Pence).(Plaintiff Attorney Tom−Tsvi M Jawetz, Peter Adams).(Defendant Attorney Samuel Go, Rachel Love, Victor M Lawrence). (jak) (Entered: 12/03/2007)

Nov. 30, 2007
51

ORDER denying Plaintiffs' Motion for Class Certification re 11 Motion to Certify Class. Signed by Judge Dana M. Sabraw on 12/11/07. (lao)(bar ). (Entered: 12/11/2007)

Dec. 11, 2007
53

ORDER Granting Motion to Substitute Party re 52 Joint MOTION. The Parties have Jointly moved to substitute Defendant Frederick Lawrence for Defendant Joe Easterling, San Diego Correctional Facility (SDCF) Warden. The substitution is proper, and the motion is granted. Signed by Judge Dana M. Sabraw on 2/14/08. (lao) (av1, ). (Entered: 02/14/2008)

Feb. 14, 2008
54

Notice and ORDER for Early Neutral Evaluation Conference. A Telephonic Early Neutral Evaluation is set for 4/3/2008 01:45 PM. Signed by Judge Peter C. Lewis on 2/14/08. (lao) (av1, ). (Entered: 02/14/2008)

Feb. 14, 2008
55

USCA Order (Certified Copy): The USCA grants the petition for permission to appeal the USDC's 12/11/2007 order denying class action certification. Within 10 days of this order, petitioner's shall perfect the appeal. (leh) (Entered: 03/17/2008)

March 17, 2008
56

USCA Time Scheduling Order. USCA Case Number 08−55376. (leh) (Entered: 03/17/2008)

March 17, 2008
57

USCA Appeal Fees Received ($455.00, Receipt #148945). USCA Case Number 08−55376. (cc: USCA) (leh) (Entered: 03/20/2008)

March 20, 2008
58

Joint MOTION to Stay Early Neutral Evaluation Proceedings by Fred Nganga Ngugi, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa. (Attachments: # 1 Proof of Service)(Jawetz, Tom−Tsvi) (lao). (Entered: 03/25/2008)

March 25, 2008
59

ORDER Granting Joint Motion 58 to Stay Early Neutral Evaluation Conference. The early neutral evaluation conference scheduled for 4/3/08 is Vacated. Signed by Magistrate Judge Peter C. Lewis on 3/28/08. (lao)(av1, ). (Entered: 03/28/2008)

March 28, 2008
60

Joint MOTION to Stay Pretrial Proceedings Pending Resolution of Appeal to the Ninth Circuit by Frederick Lawrence, Corrections Corporation of America Inc. (Love, Rachel) (lao). (Entered: 03/31/2008)

March 31, 2008
61

ORDER granting 60 Joint Motion to Stay Pretrial Proceedings pending Resolution of Appeal to the Ninth Circuit. Signed by Judge Dana M. Sabraw on 4/2/08. (lao) (kaj, ). (Entered: 04/02/2008)

April 2, 2008
62

TRANSCRIPT REQUEST for hearings held on 11/30/2007 by Fred Nganga Ngugi, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa. USCA Case Number 08−55376. (leh) (Entered: 04/09/2008)

April 8, 2008
63

TRANSCRIPT (Motion Hearing) of Proceedings held on 11/30/2007 before Judge Dana M. Sabraw. Court Reporter: Lee Ann Pence. (leh) (Entered: 05/06/2008)

May 6, 2008
64

Certificate of Record transmitted to USCA. USCA Case Number 08−55376. (leh) (Entered: 05/06/2008)

May 6, 2008
65

MOTION to Withdraw as Attorney of Record by Fred Nganga Ngugi, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa. (Attachments: # 1 Declaration of Willetta Powell in Support of Motion for Leave to Withdraw as Counsel of Record, # 2 Proof of Service)(Bhat, Gouri) (lao). Missing Hearing date and time; No separately captioned memorandum of points and authorities (Entered: 07/11/2008)

July 11, 2008
66

ORDER granting 65 Motion for Leave to Withdraw as Counsel. Attorney Gouri Bhat terminated. Signed by Magistrate Judge Peter C. Lewis on 7/18/08. (lao) (kaj). (Entered: 07/18/2008)

July 18, 2008
67

Discrepancy Order by Judge Dana M. Sabraw accepting document: Motion for Leave to Withdraw as Plaintiff on Above Cases from Plaintiff Sylvester Owino, non−compliance with local rule 5.1, Missing time and date on motion and/or supporting documentation and 7.1, Lacking memorandum of points and authorities in support as a separate document.(All non−registered users served via U.S. Mail Service).(rmm) (Entered: 07/28/2008)

July 28, 2008
68

MOTION for Leave to Withdraw as Plaintiff on Above Cases by Sylvester Owino. Nunc pro tunc to 7/23/2008. (rmm). Modified to add "for Leave to Withdraw as Plaintiff" into motion text to cause text to appear on Pending Motion Report on 1/15/2009 (mjm). (Entered: 07/28/2008)

July 28, 2008
69

ORDER of USCA re 55 USCA permission to appeal order denying class action certification. The opposed motions to file amicus curiae briefs shall be referred to merits panel for resolution. Any further motions to file friend of the court briefs shall be treated in the same fashion. (akr) (Entered: 07/30/2008)

July 30, 2008
70

ORDER of USCA in USCA Case Number 08−55376. Submission of this case is deferred to allow the parties to consider settlement. This case is referred to the Circuit Mediator to explore the possibility of mediation. The Circuit Mediator shall contact counsel and shall report to the panel within 45 days whether deferral of submission should be continued to allow the parties to mediate this dispute. (akr) (Entered: 05/06/2009)

May 6, 2009
71

MOTION to Withdraw as Attorney by Fred Nganga Ngugi, Luis Alberto Tinoco, Sylvester Owino, Gloria Vanegas, Alfredo Toro, Romeo Fomai, Eamma Jean Woods, Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa. (Attachments: # 1 Declaration, # 2 Proof of Service)(Kelley, Mary) no hearing date and time; no separately captioned memorandum of points and authorities; wrong s/signature (lao). (Entered: 05/28/2009)

May 28, 2009
72

ORDER granting 71 leave to withdraw as Counsel of Record. Attorney Tom−Tsvi M Jawetz terminated in this case. Signed by Judge Dana M. Sabraw on 5/29/09. (lao) (jrl). (Entered: 05/29/2009)

May 29, 2009
73

NOTICE by Corrections Corporation of America Inc, Joe Easterling DISASSOCIATION OF COUNSEL (Attachments: # 1 Proof of Service)(Monks, David)(rmm). (Entered: 06/05/2009)

June 5, 2009
74

NOTICE by Corrections Corporation of America Inc, Joe Easterling NOTICE OF ASSOCIATION OF COUNSEL (Attachments: # 1 Proof of Service)(Browning, William) (ecl). (Entered: 08/16/2010)

Aug. 16, 2010
75

Joint MOTION For Indicative Ruling Stating Court's Inclination to Entertain Joint Motion to Certify Settlement Class by Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa, Winston Carcamo, Romeo Fomai, Marta Monteagudo−Guerrero, Fred Nganga Ngugi, Sylvester Owino, Luis Alberto Tinoco, Alfredo Toro, Gloria Vanegas, Eamma Jean Woods. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Blair−Loy, John) (ecl). (Entered: 12/22/2010)

Dec. 22, 2010
76

ORDER granting 75 Joint Motion for an Indicative Ruling. This Court will entertain the parties' Joint Motion to Certify a Settlement Class if the Ninth Circuit remands this case for that purpose. Signed by Judge Dana M. Sabraw on 1/11/11. (lao)(av1). (Entered: 01/11/2011)

Jan. 11, 2011
77

ORDER of USCA in USCA Case Number 08−55376. The USCA grants the parties' Joint Motion to Remand Case to District Court for Class Action Settlement Proceedings, filed January 14, 2011. The case is remanded to the District Court for consideration of the parties' Joint Motion to Certify a Settlement Class, and for such other actions related thereto as the District Court finds necessary. (cc: Chambers). (akr) (Entered: 01/19/2011)

Jan. 19, 2011
78

NOTICE of Spreading the Mandate: Appeal Mandate Hearing set for 3/17/2011 10:30 AM in Courtroom 10 before Judge Dana M. Sabraw. (jak) (Entered: 02/25/2011)

Feb. 25, 2011
79

NOTICE of Hearing:Appeal Mandate hearing set for 3/17/2011 at 10:30 am is vacated. Appeal Mandate Hearing reset for 3/22/2011 10:30 AM in Courtroom 10 before Judge Dana M. Sabraw. (nsp) (Entered: 03/16/2011)

March 16, 2011
81

MANDATE of USCA remanding to the USDC for consideration of the parties' Joint Motion to Certify a Settlement Class, and for such other actions related thereto as the USDC finds necessary re USCA Case No. 08−55376. (akr) (Entered: 03/22/2011)

March 22, 2011
82

Joint MOTION to Certify the Proposed Settlement Class; Approve Form and Manner of Class Notice; and Set Fairness Hearing by Robin Baker, Anthony Cerone, Stephen Gonsalves, Esther Yun−Ling Hui, Philip Jarres, Edmund Jedry, David Lusche, Julie L Myers, Scott J Salvatore, Neil Sampson, Timothy Shack, John P Torres, Tonya Walston. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Go, Samuel) (ecl). (Entered: 03/28/2011)

March 28, 2011
83

SUPPLEMENTAL DOCUMENT by Rigoberto Aguilar−Turcios, Mohammad Monfor Ali Nesa, Winston Carcamo, Romeo Fomai, Marta Monteagudo−Guerrero, Fred Nganga Ngugi, Sylvester Owino, Luis Alberto Tinoco, Alfredo Toro, Gloria Vanegas, Eamma Jean Woods re 82 Joint MOTION to Certify the Proposed Settlement Class; Approve Form and Manner of Class Notice; and Set Fairness Hearing ; Plaintiffs' Memorandum In Support of Joint Motion to Certify the Proposed Settlement Class; Approve Form and Manner of Class Notice; and Set Fairness Hearing . (Attachments: # 1 Exhibit 1)(Stiegler, Anthony) (ecl). (Entered: 03/30/2011)

March 30, 2011
84

RESPONSE re 83 Supplemental Document,, filed by Robin Baker, Anthony Cerone, Stephen Gonsalves, Esther Yun−Ling Hui, Philip Jarres, Edmund Jedry, David Lusche, Julie L Myers, Scott J Salvatore, Neil Sampson, Timothy Shack, John P Torres, Tonya Walston. (Go, Samuel) (ecl). (Entered: 04/04/2011)

April 4, 2011
85

ORDER granting 82 Joint Motion to (1) Certify the Proposed Settlement Class; (2) Approve form and Manner of Class Notice; and (3) set Fairness hearing. Any Class Member who wishes to file an objection to the proposed Settlement Agreement shall mail such objection to the Clerk of the Court by May 27, 2011. (Fairness Hearing set for 6/10/2011 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw.) Signed by Judge Dana M. Sabraw on 4/21/11. (lao)(jrd) (Entered: 04/21/2011)

April 21, 2011
86

Notice of Document Discrepancies by Judge Dana M. Sabraw Accepting Document: Letter re: Objection and Additional Demands. Non−compliance with local rule(s), Supplemental documents require court order, OTHER: Filer Vasily Zotov is not a party to the case. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non−registered users served via U.S. Mail Service)(ecl) (Entered: 06/02/2011)

June 2, 2011
87

Letter re: Objection and Additional Demands from Vasily Zotov. Nunc pro tunc 5/24/11. (ecl) (Entered: 06/02/2011)

June 2, 2011
88

Notice of Document Discrepancies by Judge Dana M. Sabraw Accepting Document: Letter from non−party Huang Tai−Chien. Non−compliance with local rule(s), OTHER: Per L.R. 77.2, Request not grantable by the Clerk without further direction of the Judge. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non−registered users served via U.S. Mail Service)(ecl) (Entered: 06/02/2011)

June 2, 2011
89

Letter from non−party Huang Tai−Chien. Nunc pro tunc 5/26/11. (ecl) (Entered: 06/02/2011)

June 2, 2011
90

RESPONSE re 87 Letter, 89 Letter to Class Members' Objections filed by Robin Baker, Anthony Cerone, Stephen Gonsalves, Esther Yun−Ling Hui, Philip Jarres, Edmund Jedry, David Lusche, Julie L Myers, Scott J Salvatore, Neil Sampson, Timothy Shack, John P Torres, Tonya Walston. (Go, Samuel) Chambers notified re timeliness (ecl). (Entered: 06/07/2011)

June 7, 2011
92

NOTICE of Joinder by Corrections Corporation of America Inc, Frederick Lawrence re 90 Response − Other, (Love, Rachel) Atty notified to file proof of service and that only registered attorneys may use the s/ signature(ecl). (Entered: 06/09/2011)

June 9, 2011
93

Minute Entry for proceedings held before Judge Dana M. Sabraw: Fairness Hearing held on 6/10/2011. Objectors, Vasily Zotov and Huang Tai−Chien, present. The Court approved the settlement. Counsel to submit order by close of business 6/14/2011. (Court Reporter LeeAnn Pence).(Plaintiff Attorneys Ryan E Blair, David Blair−Loy). (Defendant Attorneys Samuel P Go, Rachel Love). (jak) (Entered: 06/10/2011)

June 10, 2011
94

ORDER appointing Class counsel and granting Final Approval of Class action Settlement. Signed by Judge Dana M. Sabraw on 6/20/11.(lao)(jrd) (Entered: 06/20/2011)

June 20, 2011
95

Notice of Document Discrepancies by Judge Dana M. Sabraw Rejecting Document: Letter of Support. Non−compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer.(lao) (Entered: 06/20/2011)

June 20, 2011
96

Joint MOTION to Reserve Jurisdiction by Robin Baker, Anthony Cerone, Stephen Gonsalves, Esther Yun−Ling Hui, Philip Jarres, Edmund Jedry, David Lusche, Julie L Myers, Scott J Salvatore, Neil Sampson, Timothy Shack, John P Torres, Tonya Walston. (Go, Samuel) (lao). (Entered: 08/04/2011)

Aug. 4, 2011
97

Joint MOTION to Approve the Parties' Stipulated Protective Order by Robin Baker, Anthony Cerone, Stephen Gonsalves, Esther Yun−Ling Hui, Philip Jarres, Edmund Jedry, David Lusche, Julie L Myers, Scott J Salvatore, Neil Sampson, Timothy Shack, John P Torres, Tonya Walston. (Attachments: # 1 Stipulation for Protective Order)(Go, Samuel) Modified on 8/5/2011 to reflect motion type; proposed orders should be emailed directly to chambers (lao). (Entered: 08/04/2011)

Aug. 4, 2011
98

Amended MOTION to Reserve Jurisdiction by Robin Baker, Anthony Cerone, Stephen Gonsalves, Esther Yun−Ling Hui, Philip Jarres, Edmund Jedry, David Lusche, Julie L Myers, Scott J Salvatore, Neil Sampson, Timothy Shack, John P Torres, Tonya Walston. (Go, Samuel) (lao). (Entered: 08/04/2011)

Aug. 4, 2011
99

PROTECTIVE ORDER re 97 Motion. Signed by Judge Dana M. Sabraw on 8/5/11. (lao)(jrd) (Entered: 08/05/2011)

Aug. 5, 2011
100

ORDER granting 98 Amended Joint Motion to retain Jurisdiction. Pursuant to the parties' amended joint stipulation to the reservation and exercise of jurisdiction by the District Court and the assigned Magistrate Judge over all disputes between and among the parties arising out of the Settlement Agreement in this matter, the Court Approves the parties' stipulation. The case shall be administratively closed. Signed by Judge Dana M. Sabraw on 8/5/11. (lao) (Entered: 08/05/2011)

Aug. 5, 2011
101

Joint MOTION to Dismiss with Prejudice by Robin Baker, Anthony Cerone, Stephen Gonsalves, Esther Yun−Ling Hui, Philip Jarres, Edmund Jedry, David Lusche, Julie L Myers, Scott J Salvatore, Neil Sampson, Timothy Shack, John P Torres, Tonya Walston. (Attachments: # 1 Settlement Agreement)(Go, Samuel) (skh). (Entered: 07/11/2012)

July 11, 2012

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 13, 2007

Closing Date: July 13, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All immigration detainees in ICE custody who are now or in the future will be confined at San Diego Correctional Facility.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Immigration and Customs Enforcement (ICE), Federal

Corrections Corporation of America, Inc. (Otay Mesa), Private Entity/Person

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Equal Protection

Due Process

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: 2011 - 2012

Content of Injunction:

Goals (e.g., for hiring, admissions)

Issues

General:

Conditions of confinement

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Non-government for profit

Immigration/Border:

Constitutional rights

Detention - conditions