Case: Craft v. County of San Bernardino

5:05-cv-00359 | U.S. District Court for the Central District of California

Filed Date: May 3, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On May 3, 2005, three inmates who had been housed at the San Bernardino County Jail filed a class action lawsuit under 42 U.S.C. § 1983 against the County of San Bernardino and the San Bernardino Sheriff's Department in the U.S. District Court for the Central District of California. The plaintiffs asked the court for declaratory and injunctive relief, as well as monetary damages, alleging that their constitutional rights had been violated by the defendants' policy sanctioning the systematic st…

On May 3, 2005, three inmates who had been housed at the San Bernardino County Jail filed a class action lawsuit under 42 U.S.C. § 1983 against the County of San Bernardino and the San Bernardino Sheriff's Department in the U.S. District Court for the Central District of California. The plaintiffs asked the court for declaratory and injunctive relief, as well as monetary damages, alleging that their constitutional rights had been violated by the defendants' policy sanctioning the systematic strip searching of all detainees who pass through the county jail system, regardless of the nature of the crime prompting their detention. They claimed that the searches occurred in full view of jailors and detainees of the opposite sex, and took place even when the detainee in question had already been ordered released on bail after making an appearance in court.

On February 16, 2006, the defendants asked the District Court to dismiss the case. On March 23, 2006, the District Court (Judge Stephen G. Larson) dismissed the portion of the complaint where the plaintiffs were attempting to sue Sheriff Penrod in his official capacity, and the Court also dismissed the portion of the complaint being brought under the California Constitution. With regard to the other portions of the complaint, the Court denied the motion to dismiss.

On October 11, 2006, the District Court officially certified four plaintiff classes, with a number of sub-classes. The classes were defined as: 1) pre-arraignment arrestees, 2) court returns entitled to release, 3) challenge to manner in which searches were conducted, and 4) transports.

The plaintiff classes asked the court for summary judgment, and on December 7, 2006, the District Court (Judge Larson) partially granted their request, holding that the policy of strip searching arrestees returning from court in a group setting when they were entitled to be released was unreasonable and that the policy of strip-searching pre-arraignment arrestees charged with crimes not involving drugs or violence who were transferred from short-term to long-term jails was also unreasonable. Craft v. County of San Bernardino, 468 F.Supp.2d 1172 (C.D.Ca. 2006).

On September 21, 2007, the parties entered into a settlement agreement, which was preliminarily approved by the District Court. According to the document, the County of San Bernardino agreed to pay $25,500,000.00 to the plaintiff class in order to fully settle the claims against them. All fees were to be paid out of this settlement fund. In addition, the defendants agreed to discontinue strip-searches of arrestees who would fall into any of the certified classes in this lawsuit, and the plaintiffs agreed to release all claims that they had against the defendants.

On April 1, 2008, the District Court approved the settlement. Each claimant will receive $700-800 on average ($50 minimum). The named plaintiffs will share a total payout of $200,000. Class attorney's fees were set at $6,325,000 -- 25% of the class damages.

Summary Authors

Kristen Sagar (7/9/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5714587/parties/karen-craft-v-county-of-san-bernardino/


Judge(s)

Larson, Stephen G. (California)

Parada, Oswald (California)

Attorneys(s) for Plaintiff

Anderson-Barker, Cynthia M. (California)

Cook, Donald W. (California)

Estuar, Paul J. (California)

Huff, Barbara S. (California)

Litt, Barrett S. (California)

Mann, Robert Frederick (California)

Miller, Bryan Barnet (California)

Attorneys(s) for Defendant

Fox, Dana Alden (California)

Judge(s)

Larson, Stephen G. (California)

Parada, Oswald (California)

Attorneys(s) for Plaintiff

Anderson-Barker, Cynthia M. (California)

Cook, Donald W. (California)

Estuar, Paul J. (California)

Huff, Barbara S. (California)

Litt, Barrett S. (California)

Mann, Robert Frederick (California)

Miller, Bryan Barnet (California)

Attorneys(s) for Defendant

Fox, Dana Alden (California)

Documents in the Clearinghouse

Document

5:05-cv-00359

Docket (PACER)

Sept. 21, 2007

Sept. 21, 2007

Docket
44

5:05-cv-00359

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss

2006 WL 4941829

March 23, 2006

March 23, 2006

Order/Opinion

5:05-cv-00359

Third Amended Class Action Complaint

July 6, 2006

July 6, 2006

Complaint
86

5:05-cv-00359

Order Granting Motion for Class Certification

Oct. 11, 2006

Oct. 11, 2006

Order/Opinion
113

5:05-cv-00359

Order Granting Plaintiff's Motion for Partial Summary Judgment

468 F.Supp.2d 1172, 2006 WL 3788811, 2006 U.S.Dist.LEXIS 95756

Dec. 7, 2006

Dec. 7, 2006

Order/Opinion
130

5:05-cv-00359

Stipulation and Order Granting Preliminary Approval to Class Settlement (with Settlement Agreement attached as Exhibit A)

Sept. 21, 2007

Sept. 21, 2007

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5714587/karen-craft-v-county-of-san-bernardino/

Last updated Aug. 24, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
168

ORDER AWARDING ATTORNEYS FEES and costs by Judge Stephen G. Larson. Fees awarded in favor of Betty Welch, Elroy Hardy, Georgina Frost, Karen Craft, Ranette Sanchez, Rosemary Ryan, Veronica Williams against County of San Bernardino, San Bernardino Sheriffs Department. Class counsel are awarded an attorneys fee $6,375,000 (25% of the class fund) as attorneys fees, plus $70,564.64 in costs. (mrgo)

April 1, 2008

April 1, 2008

RECAP
1

COMPLAINT against defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod, DOES.(Filing fee $ 250) Demand for Jury Trial. , filed by plaintiffs Rosemary Ryan, Karen Craft, Ranette Sanchez.(am, ) (Entered: 05/10/2005)

May 3, 2005

May 3, 2005

170

ORDER DISMISSING CIVIL ACTION by Deputy Clerk, Jim Holmes, Pursuant to Fina Order of Approval and Settlement of 4/1/08, 169 . IT IS THEREFORE ORDERED that this action is hereby dismissed. IT IS THEREFORE ORDERED that this action is hereby dismissed. (mrgo)

April 2, 2008

April 2, 2008

RECAP

FAX number for Attorney Donald W Cook, Robert Mann is 213-252-0091. (am, ) (Entered: 05/10/2005)

May 3, 2005

May 3, 2005

184

MINUTES OF IN CHAMBERS ORDER NOTICE GRANTING REQUEST TO SET A HEARING ON REQUEST FOR COURT ORDER held before Judge Stephen G. Larson: Counsel are hereby notified that a hearing on this matter is scheduled on the Court's calendar on 10/27/2008 at 11:00 AM in Courtroom One of this court before Judge Stephen G. Larson. Should the parties resolve this matter with the prospective participant as mentioned above prior to the date of the hearing, they may submit a stipulation and proposed order indicating same and the hearing will be removed from the calendar. (am)

Sept. 25, 2008

Sept. 25, 2008

RECAP

20 Day Summons Issued re Complaint - (Discovery)[1] as to County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 05/10/2005)

May 3, 2005

May 3, 2005

2

CERTIFICATION of Interested Parties filed by Plaintiffs Rosemary Ryan, Karen Craft, Ranette Sanchez. (am, ) (Entered: 05/10/2005)

May 3, 2005

May 3, 2005

188

MINUTES OF IN CHAMBERS ORDER NOTICE GRANTING REQUEST TO SET A HEARING ON REQUEST FOR COURT ORDER held before Judge Stephen G. Larson: Status Conference set for 10/27/2008 at 11:00 AM before Judge Stephen G. Larson. (am) (Additional attachment(s) added on 10/15/2008: # 1 Main Document) (am).

Oct. 10, 2008

Oct. 10, 2008

RECAP

NOTICE TO COUNSEL re Eastern Division Pilot (am, ) (Entered: 05/10/2005)

May 3, 2005

May 3, 2005

3

STANDING ORDER by Judge Stephen G. Larson,(am, ) (Entered: 05/13/2005)

May 12, 2005

May 12, 2005

4

FIRST AMENDED COMPLAINT against defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod, DOES amending Complaint - (Discovery)[1]; Demand for jury trial,filed by plaintiffs Rosemary Ryan, Karen Craft, Ranette Sanchez (am, ) (Entered: 07/20/2005)

July 19, 2005

July 19, 2005

20 Day Summons Issued re Amended Complaint, [4] as to County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 08/05/2005)

Aug. 4, 2005

Aug. 4, 2005

5

STIPULATION AND ORDER by Judge Stephen G. Larson: ORDER granting defendant County of San Bernardino answer due 9/8/2005; San Bernardino Sheriffs Department answer due 9/8/2005; Gary Penrod answer due 9/8/2005 by Judge Stephen G. Larson (am, ) (Entered: 08/25/2005)

Aug. 24, 2005

Aug. 24, 2005

6

ORDER by Judge Stephen G. Larson: Scheduling Conference set for 10/17/2005 03:00 PM before Magistrate Judge Stephen G. Larson.(am, ) (Entered: 08/26/2005)

Aug. 25, 2005

Aug. 25, 2005

7

MINUTES OF IN CHAMBERS ORDER by Judge Stephen G. Larson: Notice and Order to Show Cause re Consent form [Eastern Division Civil Pilot Program]. The parties are directed to fiel such notice of consent or non-consent no later than 10/11/05. (am, ) (Entered: 08/26/2005)

Aug. 25, 2005

Aug. 25, 2005

8

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Rosemary Ryan, Defendants County of San Bernardino, San Bernardino Sheriffs Department. (am, ) (Entered: 08/26/2005)

Aug. 25, 2005

Aug. 25, 2005

9

ANSWER to First Amended Complaint, [4] with JURY DEMAND filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod.(am, ) (Entered: 08/26/2005)

Aug. 25, 2005

Aug. 25, 2005

11

CONSENT TO PROCEED before Magistrate Judge Stephen G. Larson, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 08/31/2005)

Aug. 29, 2005

Aug. 29, 2005

12

NOTICE of scheduling meeting of counsel order and order to show cause re consent form filed by plaintiffs Rosemary Ryan, Karen Craft, Ranette Sanchez. (am, ) (Entered: 09/01/2005)

Aug. 31, 2005

Aug. 31, 2005

13

CONSENT TO PROCEED before Magistrate Judge Stephen G. Larson, ALL PARTIES having consented in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by plaintiffs Rosemary Ryan, Karen Craft, Ranette Sanchez. Any appeal shall be taken before the 9th Circuit Court of Appeals. (mrgo, ) (Entered: 09/08/2005)

Aug. 31, 2005

Aug. 31, 2005

15

STIPULATION to Change date for Initial Scheduling Conference from 10/17/05 to 10/31/05 filed by plaintiffs Rosemary Ryan, Karen Craft, Ranette Sanchez. Lodged order. (mrgo, ) (Entered: 09/15/2005)

Sept. 9, 2005

Sept. 9, 2005

14

ORDER ON STIPULATION TO CHANGE DATE FOR INITIAL SCHEDULING CONFERENCE. Based on the stipulation of the parties and good cause appearing therefore, the Court orders that the initial Scheduling Conference currently set for 10/17/05, be rescheduled to 10/31/05, 3:00 PM. IT IS SO ORDERED, by Judge Stephen G. Larson. (de, ) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

16

PROOF OF SERVICE filed by plaintiffs Rosemary Ryan, Karen Craft, Ranette Sanchez. re Executed Order on stipulation to change date for initial scheduling conference was served on 9/8/05. (am, ) (Entered: 09/28/2005)

Sept. 19, 2005

Sept. 19, 2005

17

JOINT REPORT Rule 26(f) Discovery Plan filed; (am, ) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

18

STIPULATION TO EXTEND DATE BY WHICH PLAINTIFFS ARE TO FILE A MOTION FOR CLASS CERTIFICATION. GOOD CAUSE APPEARING, IT IS ORDERED that the date for filing plaintiffs class certification motion be stayed until December 30, 2005, by Judge Stephen G. Larson. (de, ) (Entered: 11/01/2005)

Oct. 28, 2005

Oct. 28, 2005

19

STIPULATION to File Second Amended Complaint [1]. IT IS HEREBY STIPULATED BY AND AMONG ALL PARTIES through their undersigned counsel, that Plaintiffs may have until 11/30/05, to file and serve their Second Amended Complaint, adding plaintiffs, adding an injunctive relief claim, and otherwise modifying the complaint in certain respects. Defendants will have until on or before 12/20/05 to respond to Plaintiffs Second Amended Complaint, filed by plaintiffs Rosemary Ryan, Karen Craft, Ranette Sanchez. (de, ) (Entered: 11/01/2005)

Oct. 28, 2005

Oct. 28, 2005

20

MINUTES: SCHEDULING CONFERENCE PURSUANT TO FRCP 26(f). The court convened a scheduling conference, pursuant to FRCP 26(f). Court and counsel discussed the case management and thereafter the court set the following schedule: See attachment "Schedule of Trial and Pretrial Dates." Counsel stipulated pursuant to the mandatory settlement procedures to have this case assigned to an outside mediator or retired judge for settlement conference. The Court approves the request. IT IS SO ORDERED, by Judge Stephen G. Larson. Court Reporter: Phyllis Preston. (de, ) (Entered: 11/02/2005)

Oct. 31, 2005

Oct. 31, 2005

21

SCHEDULING ORDER (See document for specifics) 1. Establishing a Discovery cut-off Date of 10/31/06, 2. Non-Discovery Motion Hearing Cutoff date of 1/8/07, 3. Setting Final Pretrial Conference for 1/29/07, at 3:00 PM, 4. Setting Jury Trial Date of 3/6/07 at 9:00 AM, by Judge Stephen G. Larson. (de, ) (Entered: 11/02/2005)

Nov. 1, 2005

Nov. 1, 2005

22

STIPULATION AND PROTECTIVE ORDER by Judge Stephen G. Larson (see document for further information)(am, ) (Entered: 12/19/2005)

Dec. 16, 2005

Dec. 16, 2005

23

NOTICE of entry of order re stipulated protective order filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 12/21/2005)

Dec. 20, 2005

Dec. 20, 2005

24

STIPULATION AND ORDER TO FILE SECOND AMENDED COMPLAINT, by Judge Stephen G. Larson. (de, ) (Entered: 02/01/2006)

Jan. 31, 2006

Jan. 31, 2006

25

SECOND AMENDED CLASS ACTION COMPLAINT against defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod amending Complaint - (Discovery) [1], filed by plainitffs Georgina Frost, Elroy Hardy, Betty Welch, Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez (de, ) (Entered: 02/01/2006)

Jan. 31, 2006

Jan. 31, 2006

26

NOTICE OF DISCREPANCY AND ORDER: by Judge Stephen G. Larson, ORDERING Second Amended Complaint submitted by Plaintiffs Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch received on 2/3/06 is not to be filed but instead rejected. Denial based on: Second Amended complaint entered 2/1/06.(am, ) (Entered: 02/10/2006)

Feb. 6, 2006

Feb. 6, 2006

27

STIPULATION AND ORDER by Judge Stephen G. Larson : the county of San Bernardino produce the personal information of persons described here-in-above in Paragraph 10. The production will be provided on a compact disc. IT IS FURTHER ORDERED that the date for hearing on plaintiffs Class Certification be vacated until such time as plaintiffs can make application to the Court for a later hearing date, but that such hearing date shall be on or before 8/1/06.(la, ) (Entered: 02/13/2006)

Feb. 10, 2006

Feb. 10, 2006

28

Mail Returned addressed to Cynthia Anderson-Barker re 24 STIPULATION AND ORDER TO FILE SECOND AMENDED COMPLAINT (am, ) (Entered: 02/14/2006)

Feb. 13, 2006

Feb. 13, 2006

29

NOTICE of entry of Stipulation and Order to obtain court order regarding the release of personal information of person booked into San Bernardino County Detention Facilities filed by defendants San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 02/16/2006)

Feb. 15, 2006

Feb. 15, 2006

30

NOTICE OF MOTION AND MOTION to Dismiss pursuant to FRCP 12(B)(6); Memorandum of points and authorities filed by defendants San Bernardino Sheriffs Department, Gary Penrod. Motion set for hearing on 3/13/2006 at 03:00 PM before Magistrate Judge Stephen G. Larson. (am, ) (Entered: 02/17/2006)

Feb. 16, 2006

Feb. 16, 2006

32

DECLARATION of Alan Westervelt in support of MOTION to Dismiss pursuant to FRCP 12(B)(6) [30] filed by defendants San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 02/17/2006)

Feb. 16, 2006

Feb. 16, 2006

33

REQUEST FOR JUDICIAL NOTICE in support of MOTION to Dismiss pursuant to FRCP 12(B)(6)[30] filed by defendants San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 02/17/2006)

Feb. 16, 2006

Feb. 16, 2006

34

APPENDIX OF CASE LAW AND STATUTES in support of MOTION to Dismiss pursuant to FRCP 12(B)(6)[30] filed by defendants San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 02/17/2006)

Feb. 16, 2006

Feb. 16, 2006

35

PROOF OF SERVICE filed by defendants San Bernardino Sheriffs Department, Gary Penrod, re NOTICE OF MOTION AND MOTION to Dismiss pursuant to FRCP 12(B)(6); DECLARATION of Barbara S. Huff in support of MOTION to Dismiss pursuant to FRCP 12(B)(6)[30]; DECLARATION of Alan Westervelt in support of MOTION to Dismiss pursuant to FRCP 12(B)(6) [30] etc , was served on 2/16/06. (am, ) (Entered: 02/17/2006)

Feb. 16, 2006

Feb. 16, 2006

36

STIPULATION AND ORDER by Judge Stephen G. Larson: RE MOTION to Dismiss [30]. Motion continued for hearing on 3/20/2006 at 03:00 PM before Magistrate Judge Stephen G. Larson.(am, ) (Entered: 03/06/2006)

March 3, 2006

March 3, 2006

37

OPPOSITION to MOTION to Dismiss [30] filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 03/08/2006)

March 7, 2006

March 7, 2006

38

DECLARATION of Paul J. Estuar in support of plaintiffs opposition to defendants MOTION to Dismiss [30] filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 03/08/2006)

March 7, 2006

March 7, 2006

39

REPLY to opposition to MOTION to Dismiss pursuant to FRCP 12(B)(6)[30] filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 03/14/2006)

March 10, 2006

March 10, 2006

40

APPLICATION to Shorten Time for hearing on defendants Motion for Protective Order filed by defendants San Bernardino Sheriffs Department, Gary Penrod. Lodged Proposed Order. (am, ) (Entered: 03/14/2006)

March 13, 2006

March 13, 2006

41

MINUTES OF IN CHAMBERS ORDER by Judge Stephen G. Larson setting hearing on defendant's APPLICATION to Shorten Time for hearing[40]. Motion set for hearing on 4/10/2006 at 03:00 PM before Magistrate Judge Stephen G. Larson. Plaintiff's opposition shall be filed on or before 3/27/06 and any reply, if any, shall be filed by 4/3/06.Tape #: None. (mrgo, ) (Entered: 03/15/2006)

March 13, 2006

March 13, 2006

PLACED IN FILE - NOT USED re Order shortening time submitted by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 03/17/2006)

March 15, 2006

March 15, 2006

42

REQUEST to Withdraw Motion for Protective Order filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 03/17/2006)

March 15, 2006

March 15, 2006

44

ORDER by Judge Stephen G. Larson : granting in part and denying in part [30] Motion to Dismiss. Plaintiffs section 1983 claim against Sheriff Penrod in his official capacity is DISMISSED, and that portion of plaintiffs third cause of action for violations of section seven and thirteen to article one of the California Constitution is DISMISSED. In all other aspects, defendants motion to dismiss is DENIED. (am, ) (Entered: 03/24/2006)

March 23, 2006

March 23, 2006

46

STIPULATION regarding defendants Answer to plaintiffs Second Amended Complaint filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 04/11/2006)

April 7, 2006

April 7, 2006

47

ANSWER to Second Amended Complaint, [25] filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod.(am, ) (Entered: 04/11/2006)

April 7, 2006

April 7, 2006

45

NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously asssigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Oswald Parada for any discovery and/or post-judgment matters that may be referred. Case number will now read ED CV 05-359 SGL (OPx). (la, ) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

Judge Stephen G. Larson added. Judge Stephen G. larson no longer assigned to case. (la, ) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

48

STIPULATION for Leave To Take the Deposition of plaintiff Ranette Sanchez at Central California Womens Facility in Chowchilla California filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 04/12/2006)

April 11, 2006

April 11, 2006

49

DEFENDANTS REQUEST FOR LEAVE TO TAKE THE DEPOSITION OF PLAINTIFF RANETTE SANCHEZ AT CENTRAL CALIFORNIA WOMENS FACILITY IN CHOWCHILLA, CALIFORNIA AND ORDER. The deposition will be conducted on a mutually convenient date for the parties, by Judge Stephen G. Larson. (de, ) (Entered: 06/15/2006)

June 12, 2006

June 12, 2006

50

STIPULATION AND ORDER by Judge Stephen G. Larson: The date for fling the Plaintiffs Class Certification be continued to 9/8/06, and the hearing on said motion be continued to 10/2/06 @ 10:00 a.m. Further Jury Trial continued for 5/8/2007 at 09:00 AM before Judge Stephen G. Larson. Pretrial Conference continued for 4/17/2007 at 11:00 AM before Judge Stephen G. Larson. Any cutoff dates previously set by the court are continued for 60 days.(am, ) (Entered: 07/06/2006)

July 5, 2006

July 5, 2006

51

NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint; Memorandum of points and authorities filed by plaintiffs Veronica Williams, Rosemary Ryan, DOES, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. Motion set for hearing on 7/31/2006 at 10:00 AM before Judge Stephen G. Larson. Lodged Propsosed Order & 3rd Amended Complaint. (am, ) (Entered: 07/11/2006)

July 10, 2006

July 10, 2006

53

ORDER OF THE CHIEF JUDGE (#06-066) Amending Order 06-56 approved by Judge Alicemarie H. Stotler. Pursuant to the recommended procedure adopted by the Court for the creation of the calendar of Judge Andrew J. Guilford, and Order of the Chief Judge No. 06-56, ED 05-359 SGL (OPx), was noted to be transferred from the calendar of Judge Stephen G. Larson to the calendar of Judge Andrew J. Guilford. Upon further review, the case was found to be part of a related group of cases and ineligible for transfer. Accordingly, IT IS ORDERED that the transfer of case ED 05-359 to Judge Guilford is hereby VACATED. The case number will now reflect the initials of the transferee Judge ED CV 05-359 SGL (OPx).(la, ) (Entered: 07/19/2006)

July 14, 2006

July 14, 2006

MINUTE ORDER (IN CHAMBERS) NOTICE RE: PLAINTIFFS NOTICE OF MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT (FILED 7/10/06): Pursuant to the Order of the Chief Judge issued July 14, 2006, the within action has been returned from Judge Guilford to Judge Stephen G. Larson, for all further proceedings. The hearing and oral argument on the above-referenced motion will be heard before District Judge Stephen G. Larson, in Courtroom One of the above-referenced court. IT IS SO ORDERED.[RE: MOTION for Leave to file Third Amended Complaint[51] Court Reporter: none. (jh, ) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

54

MINUTE ORDER (IN CHAMBERS)NOTICE RE: PLAINTIFFS NOTICE OF MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT (FILED 7/10/06): Pursuant to the Order of the Chief Judge issued July 14, 2006, the within action has been returned from Judge Guilford to Judge Stephen G. Larson, for all further proceedings. The hearing and oral argument on the above-referenced motion will be heard before District Judge Stephen G. Larson, Larson, on July 31, 2006, at 10:00 a.m., in Courtroom One of the above-referenced court. ?IT IS SO ORDERED.[RE: MOTION for Leave to file Third Amended Complaint[51] Court Reporter: none. (jh, ) Modified on 7/21/2006 (jh, ). (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

55

(IN CHAMBERS)ORDER CONTINUING HEARING ON MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT: Currently set for hearing in this case is a motion for leave to file a third amended complaint, set for July 31, 2006. Opposition to this motion was due no later than July 17, 2006. The Court is informed that the County of San Bernardino served upon plaintiffs' counsel an unconformed opposition to this motion. This opposition was not filed with the Court.The hearing on the motion for leave to file a third amended complaint is continued to August 14, 2006, at 10:00 a.m. in Courtroom One of the above referenced court. Should the County wish to oppose the motion, it shall file its opposition thereto no later than July 31, 2006. Reply, if any, shall be filed no later than August 7, 2006. IT IS SO ORDERED.[RE: MOTION for Leave to file Third Amended Complaint[51], Set Deadlines/Hearings: Motion set for hearing on 8/14/2006 at 10:00 AM before Judge Stephen G. Larson]Court Reporter: none. (jh, ) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

56

REQUEST FOR JUDICIAL NOTICE in support of Opposition to MOTION for Leave to file Third Amended Complaint[51] filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered:

July 24, 2006

July 24, 2006

58

STIPULATION AND ORDER by Judge Stephen G. Larson: To Change Hearing Date for MOTION for Leave to file Third Amended Complaint [51], Motion reset for hearing on 8/21/2006 at 10:00 AM before Judge Stephen G. Larson.(am, ) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

59

MINUTE ORDER (IN CHAMBERS) Plaintiff's Notice of Motion for Leave to File Third Amended Complaint(filed 7/10/06): Counsel and/or parties are hereby notified that the hearing on the above-referenced motions is hereby CONTINUED on calendar for oral argument from August 21, 2006, to August 28, 2006, at 10:00 a.m., in Courtroom One of the above-referenced court. Any reply papers shall be filed no later than August 14, 2006. IT IS SO ORDERED.[Set deadlines/Hearings: Motion set for hearing on 8/28/2006 at 10:00 AM before Judge Stephen G. Larson] Court Reporter: None. (jh, ) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

60

REPLY filed by Plaintiffs to Opposition to [57] (vc, ) (Entered: 08/15/2006)

Aug. 14, 2006

Aug. 14, 2006

61

ORDER by Judge Stephen G. Larson granting plaintiffs MOTION for Leave to file Third Amended Complaint[51]. The 3rd amended complaint previously lodged shall be deemed filed as of 8/17/06. (mrgo, ) (Entered: 08/18/2006)

Aug. 17, 2006

Aug. 17, 2006

62

THIRD AMENDED COMPLAINT against defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod, DOES amending Amended Complaint, [25] ,filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. Jury demand. (mrgo, ) (Entered: 08/18/2006)

Aug. 17, 2006

Aug. 17, 2006

63

JOINT STIPULATION AND ORDER REGARDING DEFENDANTS RESPONSE TO PLAINTIFFS THIRD AMENDED COMPLAINT by Judge Stephen G. Larson: ORDER granting defendants County of San Bernardino answer due 9/11/2006; San Bernardino Sheriffs Department answer due 9/11/2006; Gary Penrod answer due 9/11/2006 by Judge Stephen G. Larson (am, ) (Entered: 09/06/2006)

Sept. 5, 2006

Sept. 5, 2006

64

STIPULATION AND ORDER TO FILE OVERLONG CLASS CERTIFICATION MOTION by Judge Stephen G. Larson: Plaintiff's Motion for Class Certification may exceed the 25 page limit.(am, ) (Entered: 09/07/2006)

Sept. 6, 2006

Sept. 6, 2006

65

NOTICE OF MOTION AND MOTION for Class Certification filed by plaaintiff Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. Motion set for hearing on 10/2/2006 at 10:00 AM before Judge Stephen G. Larson. (am, ) (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

66

MEMORANDUM in Support of MOTION for Class Certification [65] filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

67

DECLARATIONS of Robert Mann, Donald W. Wook and Cynthia Anderson-Barker re MOTION for Class Certification [65] filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

69

DECLARATION of Paul L. Estuar in support of MOTION for Class Certification [65] filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

70

PROPOSED TRIAL PLAN submitted in support of MOTION for Class Certification [65] filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

71

ANSWER to Third Amended Complaint, [62] Demand for jury trial filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod.(am, ) (Entered: 09/12/2006)

Sept. 11, 2006

Sept. 11, 2006

72

DECLARATION of Richard A. Berk in support of MOTION for Class Certification [65] filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 09/13/2006)

Sept. 11, 2006

Sept. 11, 2006

73

DECLARATION of Colleen Flynn re class representative statements filed by Plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 09/13/2006)

Sept. 11, 2006

Sept. 11, 2006

74

AMENDED NOTICE of Hearing on Motion filed by Plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch re MOTION for Class Certification [65] : Motion set for hearing on 10/2/2006 at 10:00 AM before Judge Stephen G. Larson. (am, ) (Entered: 09/15/2006)

Sept. 14, 2006

Sept. 14, 2006

75

NOTICE OF MOTION AND MOTION for Summary Judgment, or in the alternative MOTION for Partial Summary Judgment filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. Motion set for hearing on 10/30/2006 at 10:00 AM before Judge Stephen G. Larson. Lodged Propsoed Judgment and Statement. (am, ) (Entered: 09/18/2006)

Sept. 15, 2006

Sept. 15, 2006

76

MEMORANDUM in Support of MOTION for Summary Judgment [75] filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 09/18/2006)

Sept. 15, 2006

Sept. 15, 2006

77

DECLARATION of Paul J. Estuar in support of MOTION for Summary Judgment [75] filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 09/18/2006)

Sept. 15, 2006

Sept. 15, 2006

78

OPPOSITION to MOTION for Class Certification [65] filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 09/20/2006)

Sept. 18, 2006

Sept. 18, 2006

79

DECLARATION of Sergeant Jay Blankenship in support of opposition to MOTION for Class Certification [65] filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 09/20/2006)

Sept. 18, 2006

Sept. 18, 2006

80

SUBMISSION OF SIGNED DECLARATIONS of Class Representative plaintiffs filed by Plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 09/22/2006)

Sept. 21, 2006

Sept. 21, 2006

81

REPLY to opposition to MOTION for Class Certification [65] filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost,

Sept. 25, 2006

Sept. 25, 2006

83

MINUTE ORDER (IN CHAMBERS): Counsel and/or parties are hereby notified of a continuance of the hearing on plaintiff's Motion for Summary Judgment, etc., (Filed 9/15/06) from October 30, 2006, to November 20, 2006, at 10:00 a.m., in Courtroom One of the above-referenced court. IT IS SO ORDERED. By Judge Stephen G. Larson [Re: MOTION for Summary Judgment MOTION for Partial Summary Judgment MOTION for Partial Summary Judgment[75], Set Deadlines/Hearings:Motion set for hearing on 11/20/2006 at 10:00 AM before Judge Stephen G. Larson.Court Reporter: none. (jh, ) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

84

MINUTES OF Motion Hearing held before Judge Stephen G. Larson RE: MOTION for Class Certification [65]. Court hears oral argument and takes the matter under submission. Court Reporter: Theresa Lanza. (am, ) (Entered: 10/03/2006)

Oct. 2, 2006

Oct. 2, 2006

85

NOTICE OF MOTION AND MOTION to Compel defendant County of San Bernardino to Further Respond Without Objections to Requests for Production; REQUEST for Award of Attorney Fees and Expenses filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. Motion set for hearing on 11/7/2006 at 09:30 AM before Magistrate Judge Oswald Parada. (mrgo, ) (Entered: 10/11/2006)

Oct. 6, 2006

Oct. 6, 2006

87

STIPULATION in support of plaintiff's Motion to Compel; Declaration of Colleen Flynn filed by plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 10/11/2006)

Oct. 6, 2006

Oct. 6, 2006

86

ORDER by Judge Stephen G. Larson GRANTING Plaintiff's MOTION for Class Certification[65] (jh, ) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

88

STIPULATION AND ORDER TO CHANGE HEARING DATE ON MOTION FOR SUMMARY JUDGMENT by Judge Stephen G. Larson: Resetting Hearing Date as to MOTION for Summary Judgment MOTION for Partial Summary Judgment [75] Motion reset for hearing on 12/4/2006 at 10:00 AM before Judge Stephen G. Larson.(am, ) (Entered: 10/18/2006)

Oct. 17, 2006

Oct. 17, 2006

89

DECLARATION of Ranette Sanchez re Class Representative Duties filed by Plaintiffs Veronica Williams, Rosemary Ryan, Karen Craft, Ranette Sanchez, Georgina Frost, Elroy Hardy, Betty Welch. (am, ) (Entered: 10/24/2006)

Oct. 20, 2006

Oct. 20, 2006

90

MINUTES OF IN CHAMBERS ORDER held before Judge Oswald Parada granting plaintiffs MOTION to Compel production of the requested documents [85]. Defendants shall produce responsive documents in their possession, custody or control, no later than 11/27/06, or other mutually agreed-upon date. Plaintiffs request for sanctions is denied. The hearing currently scheduled for 11/7/06 at 9:30am is hereby vacated.Tape #: None. (mrgo, ) (Entered: 11/01/2006)

Oct. 27, 2006

Oct. 27, 2006

91

MINUTE ORDER (IN CHAMBERS) Counsel and/or parties are hereby notified that a status conference is hereby set down on calendar for December 4, 2006, at 10:00 a.m, to be heard following the hearing on defendant's motion for summary judgment scheduled for the same date and time in Courtroom #1 of the above-referenced court. IT IS SO ORDERED.[Set Deadlines/Hearings: Status Conference set for 12/4/2006 11:00 AM before Judge Stephen G. Larson.Court Reporter: None. (jh, ) Modified on 11/6/2006 (jh, ). Modified on 11/6/2006 (jh, ). (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

92

STIPULATION AND ORDER TO CONTINUE TRIAL DATE by Judge Stephen G. Larson: 50 Jury Trial continued for 9/18/2007 at 09:30 AM before Judge Stephen G. Larson. Pretrial Conference continued for 8/20/2007 at 11:00 AM before Judge Stephen G. Larson.(am, ) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

See docket entry #91, Setting Status Conference set for 12/4/2006 10:00 AM before Judge Stephen G. Larson. (jh, ) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

93

MEMORANDUM in Opposition to MOTION for Summary Judgment [75] filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 11/21/2006)

Nov. 20, 2006

Nov. 20, 2006

94

REQUEST FOR JUDICIAL NOTICE in support of Opposition to MOTION for Summary Judgment[75] filed by defendant County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 11/21/2006)

Nov. 20, 2006

Nov. 20, 2006

95

DECLARATION of Barbara S. Huff in support of Oppostion to MOTION for Summary Judgment [75] filed by defendants County of San Bernardino, San Bernardino Sheriffs Department, Gary Penrod. (am, ) (Entered: 11/21/2006)

Nov. 20, 2006

Nov. 20, 2006

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: May 3, 2005

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four classes certified: (1) Pre-Arraignment Arrestees (three sub-classes), (2) Court Returns Entitled to Release, (3) Challenge to Manner in Which Searches are Conducted, and (4) Transports.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of San Bernardino (San Bernardino), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2007 - 0

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run