Case: Kozlowski v. Sacramento County

2:04-cv-02381 | U.S. District Court for the Eastern District of California

Filed Date: 2004

Closed Date: 2007

Clearinghouse coding in progress

Case Summary

A case summary is not yet available via the Clearinghouse.

People


Judge(s)

Brennan, Edmund F. (California)

Damrell, Frank C. Jr. (California)

Nowinski, Peter A. (California)

Attorney for Plaintiff

Merin, Mark E. (California)

Attorney for Defendant

Cassidy, Terence J (California)

show all people

Documents in the Clearinghouse

Document

2:04-cv-02381

Docket (PACER)

March 5, 2007

March 5, 2007

Docket

2:04-cv-02381

Memorandum and Order [Regarding Defendants' Motion to Dismiss]

March 11, 2005

March 11, 2005

Order/Opinion

2:04-cv-02381

04-01617

Stipulation of Settlement

July 10, 2006

July 10, 2006

Other

2:04-cv-02381

04-01617

Order for Preliminary Approval of Settlement of Class Action

Aug. 11, 2006

Aug. 11, 2006

Order/Opinion

2:04-cv-02381

04-01617

Order and Judgment of Dismissal

March 2, 2007

March 2, 2007

Order/Opinion

Docket

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand, fee status pd, receipt # 8745, assigned to Judge Frank C. Damrell Jr referred to Magistrate Judge Dale A. Drozd (crf) (Entered: 11/08/2004)

Nov. 5, 2004

Nov. 5, 2004

2

NOTICE by plaintiff Kimberly Kozlowski of related case(s) CIV.S-04-1617 FCD PAN (crf) (Entered: 11/08/2004)

Nov. 5, 2004

Nov. 5, 2004

3

ORDER REQUIRING JOINT STATUS REPORT by Judge Frank C. Damrell Jr informing the parties on the procedure to follow in pursuing this action (crf) (Entered: 11/08/2004)

Nov. 5, 2004

Nov. 5, 2004

4

RELATED CASE ORDER by Judge Frank C. Damrell Jr relating case(s) 2:04cv1617 FCD PAN with member case 2:04cv2381 FCD DAD; case 2:04cv2381 FCD DAD is REASSIGNED TO magistrate judge Peter A Nowinski [2-1] (cc: all counsel) (ljr) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

5

AMENDED COMPLAINT (complaint [1-1] TERMINATED) by plaintiff Kimberly Kozlowski in 2:04-cv-02381 adding pltfs Jasmine Taggart and Alicia Anderson to case(s) 2:04-cv-02381,; jury demand (crf) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

LODGED petition and proposed order for appointment of guardian ad litem by plaintiff Alicia Anderson in 2:04-cv-02381 (crf) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

6

RETURN OF SERVICE executed upon defendants Sacramento County, Sac County Probation, Verne Speirs and Suzanne Collins in 2:04-cv-02381 on 12/1/04 (crf) (Entered: 12/06/2004)

Dec. 3, 2004

Dec. 3, 2004

LODGED petition and proposed order for appointment of guardian ad litem by plaintiff Jasmine Taggart in 2:04-cv-02381 (crf) (Entered: 12/06/2004)

Dec. 3, 2004

Dec. 3, 2004

7

ORDER by Judge Frank C Damrell Jr ORDERING that the petition for an order appointing Priscilla Hairston as guardian ad litem for petitioner Alicia Anderson is GRANTED; (cc: all counsel) (lm) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

8

ORDER by Judge Frank C Damrell Jr ORDERING that the petition for an order appointing Barbara Perry as guardian ad litem for petitioner Jasmine Taggart is GRANTED; (cc: all counsel) (lm) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

9

PROOF OF SERVICE by plaintiff in 2:04-cv-02381 of petitions and proposed orders for appointment of guardian ad litem (crf) (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

10

ADDENDUM by plaintiffs in 2:04-cv-02381 to first amended class action complaint [5-1] (crf) (Entered: 12/13/2004)

Dec. 10, 2004

Dec. 10, 2004

LODGED stip and proposed order to extend time to respond to complaint (crf) (Entered: 12/17/2004)

Dec. 16, 2004

Dec. 16, 2004

11

ORDER by Judge Frank C. Damrell Jr ORDERING stipulation to extend time to respond to complaint GRANTED; response is due on or before 1/11/05 (cc: all counsel) (daw) (Entered: 12/20/2004)

Dec. 20, 2004

Dec. 20, 2004

13

MOTION to DISMISS Notice of by Suzanne Collins and by Sacramento County, Sacramento County Probation, Verne Speirs. Motion Hearing set for 2/25/2005 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Cassidy, Terence) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

14

CLERK'S NOTICE of DOCKET CORRECTION re 12 First Amended MOTION to DISMISS Pursuant to FRCivP 12(b)(6) by Defs. Suzanne Collins , incorrectly set the motion hearing for 2/28/05 and is hereby VACATED. 13 Notice of MOTION to DISMISS Notice of by Suzanne Collins and SETS motion for 2/25/05. (Waggoner, D) (Entered: 01/12/2005)

Jan. 12, 2005

Jan. 12, 2005

15

STATUS REPORT JOINT by Sacramento County, Sacramento County Probation, Verne Speirs. (Cassidy, Terence) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

16

MEMORANDUM/RESPONSE in OPPOSITION re 12 First Amended MOTION to DISMISS Pursuant to FRCivP 12(b)(6) by Defs. Suzanne Collins and . (Merin, Mark) (Entered: 02/11/2005)

Feb. 11, 2005

Feb. 11, 2005

17

DECLARATION of MARK E. MERIN in OPPOSITION TO re 12 First Amended MOTION to DISMISS Pursuant to FRCivP 12(b)(6) by Defs. Suzanne Collins and . (Attachments: # 1 Exhibit A to Merin Declaration# 2 Exhibit B to Merin Declaration)(Merin, Mark) (Entered: 02/11/2005)

Feb. 11, 2005

Feb. 11, 2005

18

MINUTE ORDER: from CRD M. Price on 2/17/05 re: 13 Motion to Dismiss ***MOTION SUBMITTED: The hearing set for February 25, 2005 at 10:00 a.m. is VACATED. The Court will issue an order(Price, M) (Entered: 02/17/2005)

Feb. 17, 2005

Feb. 17, 2005

19

REPLY/RESPONSE to Plaintiffs' Opposition to Motion to Dismiss by Sacramento County, Sacramento County Probation, Verne Speirs, Suzanne Collins re 16 Memorandum/Response in Opposition to Motion, 17. (Cassidy, Terence) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

20

ORDER granting in part and denying in part 13 Motion to Dismiss signed by Judge Frank C. Damrell Jr. on 3/11/05. (Price, M) (Entered: 03/11/2005)

March 11, 2005

March 11, 2005

21

MINUTE ORDER: from CRD M. Price for Judge Frank C. Damrell Jr. on 3/17/05. Status Conference set for 4/15/2005 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. The parties shall submit a supplemental joint status report on or before April 8, 2005 regarding the issues of class certification, the setting of a briefing schedule, and the possibility of consolidating this action with the related action. (Price, M) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

22

ANSWER to AMENDED COMPLAINT w/Demand for Jury Trial by Sacramento County, Sacramento County Probation, Verne Speirs, Suzanne Collins. (Attachments: # 1 Demand for Jury Trial)(Cassidy, Terence) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

24

MINUTE ORDER: from CRD M. Price for Judge Frank C. Damrell Jr. on 4/8/05. re 23 Status Report. Motion Hearing set for 9/23/2005 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. Status Conference set for 12/2/2005 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Joint report due by 11/29/05. (Price, M) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

25

STIPULATION and PROPOSED ORDER : STIPULATED REQUEST TO RESET HEARING ON PLAINTIFFS' JOINT MOTION FOR CLASS CERTIFICATION by Kimberly Kozlowski, Sacramento County, Sacramento County Probation, Verne Speirs, Suzanne Collins, Jasmine Taggart, Alicia Anderson. (Merin, Mark) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

26

STIPULATION and ORDER (hearing date modified) Plaintiffs' Joint Motion for Class Certification. Filing due by 9/20/2005. Opposition by 10/4/05. Reply due by 10/14/05. Motion Hearing set for 11/4/2005 at 10:00 AM in Courtroom 2 signed by Judge Frank C. Damrell Jr. on 6/16/05. (Price, M) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

27

STIPULATED REQUEST and PROPOSED ORDER to Reset Hearing on Plaintiffs' Joint Motion for Class Certification; by Kimberly Kozlowski, Sacramento County, Sacramento County Probation, Verne Speirs, Suzanne Collins, Jasmine Taggart, Alicia Anderson. (Merin, Mark) Modified on 9/16/2005 (Mena-Sanchez, L). (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

28

STIPULATION and ORDER signed by Judge Frank C. Damrell Jr. on 9/14/05. Motion Hearing on Class Certification set for 12/2/2005 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Motions due by 11/1/2005. Opposition due by 11/15/05. Reply due by 11/23/05. Status Conference reset for 1/27/2006 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Status report filing due by 1/17/2006. (Price, M) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

29

NOTICE by Sacramento County, Sacramento County Probation Department, Verne Speirs, Suzanne Collins of Motion to Compel Deposition of Plaintiff Alicia Anderson (Cassidy, Terence) (Entered: 10/07/2005)

Oct. 7, 2005

Oct. 7, 2005

30

AMENDED DOCUMENT by Sacramento County, Sacramento County Probation Department, Verne Speirs, Suzanne Collins. Amendment to 29 Notice (Other) Amended Notice of Motion to Compel Deposition of Plaintiff Alicia Anderson . (Cassidy, Terence) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

31

CLERK'S NOTICE of DOCKET CORRECTION. Parties are notified that this pleading 29 bears the incorrect case number CIV S 04-1617 FCD PAN and is deemed by the Clerk's Office as improperly filed. (Mena-Sanchez, L) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

32

[CLERK'S CORRECTION - TEXT ONLY] SETTING AMENDED NOTICE OF MOTION to COMPEL 30 by Sacramento County, Sacramento County Probation Department, Verne Speirs, Suzanne Collins. Motion Hearing is SET for 11/2/2005 at 09:00 AM in Courtroom 25 (PAN) before Magistrate Judge Peter A. Nowinski. (Mena-Sanchez, L) Modified on 10/18/2005 (Mena-Sanchez, L). (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

34

NOTICE OF WITHDRAW by Sacramento County, Sacramento County Probation Department, Verne Speirs, Suzanne Collins of Defs' 30 Motion to Compel Deposition of Plaintiff Alicia Anderson (Cassidy, Terence) Modified on 11/3/2005 (Kirkpatrick, S). (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

35

AMENDED NOTICE OF WITHDRAW by all defendants , of Defs' 30 Motion to Compel Deposition of Plaintiff Alicia Anderson (Cassidy, Terence) Modified on 11/3/2005 (Kirkpatrick, S). Modified on 11/3/2005 (Kirkpatrick, S). (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

36

STIPULATION and PROPOSED ORDER to Extend the Time for Plaintiffs to File Motion for Class Certification, Continue the Status Conference, and the Stay of Action for 120 Days by Kimberly Kozlowski, Sacramento County, Sacramento County Probation Department, Verne Speirs, Suzanne Collins, Jasmine Taggart, Alicia Anderson. (Attachments: # 1 Proposed Order)(Merin, Mark) Modified on 11/3/2005 (Kirkpatrick, S). (Entered: 11/02/2005)

Nov. 2, 2005

Nov. 2, 2005

37

STIPULATION and ORDER signed by Judge Frank C. Damrell Jr. on 11/2/05. 36 Stipulation to Stay - GRANTED. All dates VACATED. Case stayed. The parties are directed to file a Joint Status Report setting forth the current status of this matter and future proceedings within ten (10) days from the running of the one hundred (120) day stay Order. (Price, M) (Entered: 11/02/2005)

Nov. 2, 2005

Nov. 2, 2005

38

JOINT STATUS REPORT by Kimberly Kozlowski, Sacramento County, Sacramento County Probation Department, Verne Speirs, Suzanne Collins, Jasmine Taggart, Alicia Anderson. (Merin, Mark) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

39

PROPOSED ORDER re: Joint Status Report and Stipulation to Extend the Time for Plaintiffs to File a Motion for Class Certification, Continue the Status Conference and Stay of Action for an Additional 90 Days by Kimberly Kozlowski, Sacramento County, Sacramento County Probation Department, Verne Speirs, Suzanne Collins, Jasmine Taggart, Alicia Anderson. (Merin, Mark) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

40

STIPULATION and ORDER 39 signed by Judge Frank C. Damrell Jr. on 2/22/06. Action is STAYED for 90 days from date of Order. Parties directed to file Joint Status Report w/in 10 days from running of 90-day Stay Order. Plaintiffs' time to file Motion for Class Certification is EXTENDED to date and time to be rescheduled upon lifting of Stay Order.(Marciel, M) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

41

NOTICE OF TEMPORARY ASSIGNMENT notifying parties that due to the retirement of Magistrate Judge Peter A. Nowinski, this action is temporarily reassigned to Magistrate Judge John F. Moulds. (Krueger, M) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

42

JOINT STATUS REPORT and PROPOSED ORDER by Kimberly Kozlowski, Jasmine Taggart, Alicia Anderson. (Merin, Mark) Modified on 5/24/2006 (Reader, L). (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

44

JOINT STATUS REPORT by Kimberly Kozlowski, Jasmine Taggart, Alicia Anderson. (Merin, Mark) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

45

PROPOSED ORDER as to 44 Status Report and Stipulated Motion for Preliminary Approval of Provisional Settlement Class by Kimberly Kozlowski, Jasmine Taggart, Alicia Anderson. (Merin, Mark) Modified on 6/23/2006 (Marciel, M). (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

46

ORDER signed by Judge Frank C. Damrell Jr. on 6/26/06 ORDERING that the parties shall file their Joint Stipulated Motion for Preliminary Approval of Provisional Settlement Class and Settlement of Class Action and Stipulation of Settlement on or before 7/10/06 and a hearing is set in this matter for 8/18/2006 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Yin, K) (Entered: 06/27/2006)

June 27, 2006

June 27, 2006

47

STIPULATED Motion for Preliminary Approval of Provisional Settlement Class and Settlement of Class Action by Kimberly Kozlowski, Sacramento County, Sacramento County Probation Department, Verne Speirs, Suzanne Collins, Jasmine Taggart, Alicia Anderson. (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3)(Merin, Mark) Modified on 7/11/2006 (Krueger, M). (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

48

STIPULATION of Settlement by Kimberly Kozlowski, Sacramento County, Sacramento County Probation Department, Verne Speirs, Suzanne Collins, Jasmine Taggart, Alicia Anderson. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Merin, Mark) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

49

PROPOSED ORDER for Preliminary Approval of Settlement of Class Action by Defendants. (Attachments: # 1 Exhibit A # 2 Exhibit B)(Merin, Mark) Modified on 7/11/2006 (Krueger, M). (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

50

PROPOSED PROTECTIVE ORDER for Disclosure of Juvenile Records by Defendants. (Merin, Mark) Modified on 7/11/2006 (Krueger, M). (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

51

NOTICE of HEARING: from CRD M. Price on 8/8/06. The start time for the hearing on the stipulated motion for preliminary approval of settlement set for 8/18/2006 is RESET for 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (TEXT ONLY)(Price, M) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

52

MINUTE ORDER: from CRD M. Price for Judge Frank C. Damrell Jr. on 8/9/06. The 47 Stipulated Motion for Approval of Settlement-MOTION SUBMITTED: without oral argument. The hearing set for 8/18/06 is VACATED. The court shall issue a written order. (TEXT ONLY) (Price, M) (Entered: 08/09/2006)

Aug. 9, 2006

Aug. 9, 2006

54

PROTECTIVE ORDER FOR DISCLOSURE OF JUVENILE RECORDS signed by Judge Frank C. Damrell Jr. on 8/11/06. (See order for specifics)(Price, M) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

55

ORDER by Chief Judge David F. Levi ORDERING due to the recent appointment of Magistrate Judge Edmund F. Brennan to the bench of the Eastern District, this action is REASSIGNED from Magistrate Judge Peter A. Nowinski for all further proceedings. (Davis, D) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

58

LETTER from Winzer Hayden regarding the class action suit. (Carlos, K) (Entered: 02/21/2007)

Feb. 20, 2007

Feb. 20, 2007

56

MOTION (APPLICATION) for Approval of Stipulated Attorney's Fees and Reimbursement of Costs [This document is identical to the motion filed in the related case Robinson v. Sac County 04-CV 1617] by Kimberly Kozlowski, Jasmine Taggart, Alicia Anderson. Motion Hearing set for 3/2/2007 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Merin, Mark) Modified on 2/22/2007 (Marciel, M). (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

57

DECLARATION of Mark E. Merin in support of 56 MOTION (APPLICATION) for Approval of Stipulated Attorney's Fees and Reimbursement of Costs . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Merin, Mark) Modified on 2/22/2007 (Marciel, M). (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

59

NOTICE of Joint Submission in support of Final Approval of Stipulated Settlement by all parties(Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Merin, Mark) Modified on 2/22/2007 (Marciel, M). (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

60

PROPOSED ORDER and Judgment of Dismissal by Kimberly Kozlowski, Sacramento County, Sacramento County Probation Department, Verne Speirs, Suzanne Collins, Jasmine Taggart, Alicia Anderson. (Merin, Mark) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

61

DECLARATION of Markham Sherwood in support of Final Approval of the Settlement. (Merin, Mark) Modified on 2/22/2007 (Marciel, M). (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

62

MINUTES for proceedings held before Judge Frank C. Damrell Jr.: MOTION HEARING held on 3/2/2007 re 56 MOTION (APPLICATION) for Approval of Stipulated Attorney's Fees and Reimbursement of Costs filed by Kimberly Kozlowski,, Jasmine Taggart,, Alicia Anderson - GRANTED. The court to issue an order. Plaintiffs Counsel Mark Merin present. Defendants Counsel Terence Cassidy present. Court Reporter/CD Number: M. Babbitt. (TEXT ONLY) (Price, M) (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

64

JUDGMENT dated *3/2/07* signed by Judge Frank C. Damrell Jr. on 3/2/07 in accordance with order siged on 3/2/07. (Price, M) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals booked at the Sacramento County Juvenile Hall, assigned to a unit, and subjected to a strip search during their period of confinement at any time from and including January 1, 1998, to and including October 1, 2004.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Sacramento County (Sacramento), County

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Juveniles

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)