Case: Ahlman v. Barnes

8:20-cv-00835 | U.S. District Court for the Central District of California

Filed Date: April 30, 2020

Closed Date: Sept. 12, 2022

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This class-action lawsuit, brought by people incarcerated in the Orange County Jail, argued that the county and the sheriff violated the U.S. Constitution, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act by failing to provide adequate care amidst the 2020 coronavirus pandemic. The court granted the motion for provisional class-certification and partially granted a temporary restraining order, but the defendants appealed and the Supreme Court stay…

COVID-19 Summary: This class-action lawsuit, brought by people incarcerated in the Orange County Jail, argued that the county and the sheriff violated the U.S. Constitution, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act by failing to provide adequate care amidst the 2020 coronavirus pandemic. The court granted the motion for provisional class-certification and partially granted a temporary restraining order, but the defendants appealed and the Supreme Court stayed the injunctive relief while the appeals in the Ninth Circuit proceeded.


This putative class-action lawsuit was filed on April 30, 2020 in the U.S. District Court for the Central District of California by several people incarcerated in the Orange County Jail. The suit arose out of the COVID-19 pandemic that swept the world in early 2020. As the virus raged throughout the country, it became particularly problematic in jails and prison systems. This lawsuit alleged that Orange County Jail's management of the virus was wholly inadequate and in violation of the U.S. Constitution, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act. The suit alleged that requisite social distancing was not possible due to the high density of inmates in the jail, that the masks were simply pieces of fabric (and were not always used by guards), and that isolation policies were ineffective.

The plaintiffs were medically vulnerable inmates in Orange County Jail represented by ACLU National, ACLU Fund of Southern California, and ACLU Disabilities Rights Program attorneys, the UC Irvine Civil Rights Litigation Clinic, and private counsel. They sued Orange County and the Sheriff of Orange County, alleging that the defendants' failure to adequately mitigate the spread of COVID-19 in the jail system amounted to violations of the Eighth and Fourteenth Amendments of the U.S. Constitution. They argued that the conditions represented an unconstitutional punishment and unconstitutional confinement in violation of the Fourteenth Amendment, which guarantees that the state provide for reasonable health and safety of inmates. As for the Eighth Amendment, they argued that the lack of precautions constituted deliberate indifference to the health of the inmates as to be cruel and unusual punishment. The plaintiffs also argued that the failure to protect medically vulnerable inmates (particularly those with co-morbidities), constituted discrimination on the basis of disability in violation of the ADA and Section 504 of the Rehabilitation Act. Plaintiffs sought class certification; a writ of habeas corpus to identify all members of a Medically-Vulnerable Subclass and Disability Subclass and grant them release; injunctive relief in the form of a temporary restraining order, preliminary injunction, permanent injunction, or habeas corpus that would mitigate the spread of COVID-19; declaratory relief; and attorneys' fees and costs.

On May 11, 2020, the plaintiffs submitted an application for a temporary restraining order or preliminary injunction and a motion for provisional class certification. On May 26, the court granted the motion for provisional class-certification and granted in part and denied in part the application for a temporary restraining order. The grant of provisional class status created two classes, a Pre-Trial Class and a Post-Conviction Class. Under each of those were Disability Subclasses and Medically-Vulnerable Subclasses. The partial grant of the TRO mandated defendants to follow CDC social distancing guidelines, expand testing, and enhance sanitation efforts in the jails. It did not grant release to any prisoners, though. 2020 WL 2754938.

The defendants appealed this decision two days later and applied to stay the case pending a decision from the Ninth Circuit (docket #: 20-55568). In both the district court and the Ninth Circuit, the defendants filed emergency motions to stay the lower court decision, but the district court denied the motion on June 2. 2020 WL 4039073. The Ninth Circuit subsequently denied the motion before it on June 17. However, the Court of Appeals remanded the case to the district court to gauge whether any changed circumstances might require alterations to the TRO. 2020 WL 3547960.

The defendants then filed an ex parte application with the district court to dissolve the TRO, which the district court denied yet again in late June. The defendants argued unsuccessfully that the declining rate of COVID-19 in the Orange County Jail represented a significant enough change to warrant dissolution of the preliminary injunction. On July 1, the defendants appealed once more to the Ninth Circuit (docket #: 20-55668). And, once again, the Ninth Circuit denied the motion on July 3.

Then on July 21, the defendants brought the case to the Supreme Court, submitting an emergency application for stay of injunctive relief. In a 5-4 decision, the Court granted the stay on August 5. There was no majority opinion, but Justice Sotomayor wrote a dissent arguing that, even if the majority would have granted the stay at the district court, it was not so clearly wrong as to warrant granting certiorari. 2020 WL 4499350.

On August 25, the plaintiffs filed motions to dismiss as moot each of the pending appeals in the Ninth Circuit. They argued that the preliminary injunction had expired and therefore the appeals were moot. The defendants sought to continue litigating the appeals and alleged that without review by the appellate court, there was nothing to stop the district court from entering preliminary injunctions every 90 days throughout the life of the case. On October 15, 2020, the two appeals were consolidated, and oral arguments were held on September 1, 2021.

Discovery and various discovery disputes continued throughout 2021, including a March 9 order stating that defendants must produce Sheriff Barnes for deposition. The parties issued a joint report outlining a discovery plan on April 12, 2021. On July 19, 2021, the defendants filed a motion to dismiss. They argued that plaintiffs’ claims were moot and that the Court, therefore, lacked jurisdiction and that res judicata barred this action because of parallel state court action, Campbell v. Barnes.

On August 13, the defendants filed a motion to stay pending discovery. Then on September 17, the court issued an order denying defendants' motion to dismiss and motion to stay pending discovery. After considering the parties' various filings, the court determined that the matters were appropriate for resolution without a hearing. The Court held that the case was not moot, since COVID-19 was still a serious issue facing the inmates in this case. They further held that this case and the parallel state case did not involve the same causes of action, and therefore res judicata did not apply. Additionally, the court denied the defendant's motion to stay pending discovery, holding that since the plaintiffs had adjusted their discovery requests, the agreement between the parties eliminated any claim to “extreme hardship” on the part of defendants. 

On December 10, 2021, the Ninth Circuit issued an opinion dismissing as moot the pending appeals by the defendants, holding that because the PLRA provides that any preliminary injunction automatically expires 90 days after being issued, the injunction and provisional class certification were no longer in effect. 20 F.4th 489. The Supreme Court denied certiorari review on May 31, 2022.

However, on that same day, the parties reached a preliminary settlement agreement. Among the terms of the settlement agreement were that the jail would follow CDC guidelines; offer free COVID testing and incentives for vaccination; permit greater out-of-cell time for persons in quarantine; increase their recordkeeping; and allow plaintiffs' counsel to monitor conditions via requests for video recordings. The parties agreed that the terms would be in effect until (1) the state of emergency were lifted in California; (2) six months had passed since final approval; or (3) February 1, 2023.

The preliminary settlement agreement and motion for class action certification were filed on June 1, 2022. In an order dated July 7, 2022, the court granted the class certification motion and preliminary approval of class action settlement. Over the course of the following weeks, the court received several letters regarding document discrepancies, which the court ordered be filed and processed on July 29, 2022. Plaintiffs filed a motion for final approval of the settlement agreement and attorneys' fees and costs on August 22, 2022. The court approved the settlement and attorneys' fees and costs in the amount of 4714,928.39.

Summary Authors

Jack Hibbard (8/7/2020)

Emily Kempa (11/1/2020)

Tessa McEvoy (10/30/2021)

Hannah Juge (12/9/2023)

Related Cases

Campbell v. Barnes, California state trial court (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17118669/parties/melissa-ahlman-v-don-barnes/


Judge(s)

Bernal, Jesus Gilberto (California)

Breyer, Charles R. (California)

Attorney for Plaintiff

Archer, Elizabeth R (California)

Benjamin, Brittany L (California)

Brennan-Krohn, Zoe (California)

Attorney for Defendant
Expert/Monitor/Master/Other
Judge(s)

Bernal, Jesus Gilberto (California)

Breyer, Charles R. (California)

Ginsburg, Ruth Bader (District of Columbia)

Graber, Susan (Oregon)

Kagan, Elena (District of Columbia)

Kewalramani, Shashi H. (California)

Nelson, Douglas W (California)

Sotomayor, Sonia (District of Columbia)

Wardlaw, Kim McLane (California)

show all people

Documents in the Clearinghouse

Document

20-A-00019

Docket [U.S. Supreme Court]

Barnes v. Ahlman

Supreme Court of the United States

Aug. 5, 2020

Aug. 5, 2020

Docket

20-55568

Docket [PACER]

U.S. Court of Appeals for the Ninth Circuit

Aug. 7, 2020

Aug. 7, 2020

Docket

20-55668

Docket [PACER]

U.S. Court of Appeals for the Ninth Circuit

Sept. 2, 2021

Sept. 2, 2021

Docket

8:20-cv-00835

Docket [PACER]

Oct. 25, 2021

Oct. 25, 2021

Docket
1

8:20-cv-00835

Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief

April 30, 2020

April 30, 2020

Pleading / Motion / Brief
41-1 & 41-2

8:20-cv-00835

Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction

May 11, 2020

May 11, 2020

Pleading / Motion / Brief
63

8:20-cv-00835

Supplemental Declaration of Dr. Joe Goldenson in Support of Plaintiffs' Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction

May 20, 2020

May 20, 2020

Declaration/Affidavit
65

8:20-cv-00835

Civil Minutes - General

May 26, 2020

May 26, 2020

Transcript
72

8:20-cv-00835

Civil Minutes - General

June 2, 2020

June 2, 2020

Transcript
79

8:20-cv-00835

First Amended Complaint for Injunctive and Declaratory Relief

June 12, 2020

June 12, 2020

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17118669/melissa-ahlman-v-don-barnes/

Last updated March 6, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus by a Person in State Custody (28 USC 2254), Receipt No. BCACDC-26288526 for $5 filing fee, filed by Plaintiffs Cynthia Campbell, Michael Seif, Monique Castillo, Cecibel Caridad Ortiz, Daniel Kauwe, Mark Trace, Melissa Ahlman, Javier Esparza, Don Wagner, Pedro Bonilla. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T, # (21) Exhibit U, # (22) Exhibit V, # (23) Exhibit W, # (24) Exhibit X, # (25) Exhibit Y, # (26) Exhibit Z, # (27) Exhibit AA) (Attorney Mitchell A Kamin added to party Melissa Ahlman(pty:pla), Attorney Mitchell A Kamin added to party Pedro Bonilla(pty:pla), Attorney Mitchell A Kamin added to party Cynthia Campbell(pty:pla), Attorney Mitchell A Kamin added to party Monique Castillo(pty:pla), Attorney Mitchell A Kamin added to party Javier Esparza(pty:pla), Attorney Mitchell A Kamin added to party Daniel Kauwe(pty:pla), Attorney Mitchell A Kamin added to party Cecibel Caridad Ortiz(pty:pla), Attorney Mitchell A Kamin added to party Michael Seif(pty:pla), Attorney Mitchell A Kamin added to party Mark Trace(pty:pla), Attorney Mitchell A Kamin added to party Don Wagner(pty:pla))(Kamin, Mitchell)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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26 Exhibit Z

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27 Exhibit AA

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April 30, 2020

April 30, 2020

Clearinghouse
2

CIVIL COVER SHEET filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Kamin, Mitchell)

April 30, 2020

April 30, 2020

PACER
3

CERTIFICATE of Interested Parties filed by Plaintiffs All Plaintiffs, (Kamin, Mitchell)

April 30, 2020

April 30, 2020

PACER
4

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,,,,, [1] filed by PLAINTIFFS Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Kamin, Mitchell)

April 30, 2020

April 30, 2020

PACER
5

NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Percy Anderson and referred to Magistrate Judge Gail J. Standish, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (lh)

April 30, 2020

April 30, 2020

PACER
6

NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): A temporary restraining order (TRO) flag was indicated, but no TRO document was filed. (lh)

April 30, 2020

April 30, 2020

PACER
7

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stacey Grigsby. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)

April 30, 2020

April 30, 2020

PACER
8

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Olivia Ensign. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)

April 30, 2020

April 30, 2020

PACER
9

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Cristina Becker. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)

April 30, 2020

April 30, 2020

PACER
10

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Carl Takei. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)

April 30, 2020

April 30, 2020

PACER
11

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Somil Trivedi. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)

April 30, 2020

April 30, 2020

PACER
12

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Clara Spera. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh)

April 30, 2020

April 30, 2020

PACER
13

NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Summons Request, [4]. The following error(s) was found: Other error(s) with document(s): Summons are Not issued for Habeas Petitions. Court will order service as appropriate. (lh)

April 30, 2020

April 30, 2020

PACER
14

RESPONSE filed by Pro Hac Vice attorney Carl Takei on behalf of Plaintiffs Melissa Ahlman, et al. RE: Notice of Filing Fee Due. PHV fee n/a. Attorney is a licensed California attorney, admitted to this Court, is currently Active and in good standing. (Thrasher, Lupe)

May 1, 2020

May 1, 2020

PACER
15

NOTICE of Related Case(s) filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. Related Case(s): 5:20-cv-00768; 19:cv-01546 (Kamin, Mitchell)

May 1, 2020

May 1, 2020

RECAP
16

MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. In light of the significant public policy issues involved in this action, the Court orders all of the parties in this action to meet and confer prior to the filing of all applications and motions for injunctive relief notwithstanding the exception in Local Rule 7-3, which otherwise exempts applications and motions for injunctive relief from the conference of counsel requirements. Prior to the filing of any application or motion seeking injunctive relief, the parties in this action shall contact opposing counsel to discuss thoroughly, the substance of any such contemplated application or motion, any potential resolution, and whether the parties can agree on an appropriate briefing schedule. All Notices of Motions and Applications seeking injunctive relief shall summarize counsel's pre-filing efforts to discuss these matters. (mrgo)

May 1, 2020

May 1, 2020

PACER
17

STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo)

May 1, 2020

May 1, 2020

PACER
18

NOTICE OF CLERICAL ERROR: Upon further review, a determination has been made that this case is not appropriate for the issuance of a report and recommendation by a Magistrate Judge pursuant to General Order 05-07. Therefore, all filings should be directed to Judge Percy Anderson for review. The case will now reflect the initials of the transferee Judge 8:20-cv-00835 PA(GJSx). (rn)

May 1, 2020

May 1, 2020

PACER
19

NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, [4]. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh)

May 4, 2020

May 4, 2020

PACER
20

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,,,,, [1] filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Kamin, Mitchell)

May 4, 2020

May 4, 2020

PACER
21

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,,,,, [1] filed by Plaintiff Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Kamin, Mitchell)

May 4, 2020

May 4, 2020

PACER
26

21 DAY Summons Issued re Petition for Writ of Habeas Corpus, [1] as to defendant Orange County, California. (mrgo)

May 4, 2020

May 4, 2020

PACER
27

21 DAY Summons Issued re Petition for Writ of Habeas Corpus, [1] as to defendant Don Barnes. (mrgo)

May 4, 2020

May 4, 2020

PACER
22

APPLICATION of Non-Resident Attorney Clara Spera to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26333630) filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Declaration Clara Spera, # (2) Declaration Peter Eliasberg, # (3) Proposed Order) (Eliasberg, Peter)

1 Declaration Clara Spera

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2 Declaration Peter Eliasberg

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3 Proposed Order

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May 5, 2020

May 5, 2020

PACER
23

APPLICATION of Non-Resident Attorney Cristina M. Becker Ellis to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26333703) filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Declaration of Cristina Becker, # (2) Declaration of Peter Eliasberg, # (3) Proposed Order) (Eliasberg, Peter)

1 Declaration of Cristina Becker

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2 Declaration of Peter Eliasberg

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3 Proposed Order

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May 5, 2020

May 5, 2020

PACER
24

APPLICATION of Non-Resident Attorney Olivia Harper Ensign to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26333761) filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Declaration of Olivia Ensign, # (2) Declaration of Peter Eliasberg, # (3) Proposed Order) (Eliasberg, Peter)

1 Declaration of Olivia Ensign

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2 Declaration of Peter Eliasberg

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3 Proposed Order

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May 5, 2020

May 5, 2020

PACER
25

APPLICATION of Non-Resident Attorney Somil B. Trivedi to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26333835) filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Declaration of Somil Trivedi, # (2) Declaration of Peter Eliasberg, # (3) Proposed Order) (Eliasberg, Peter)

1 Declaration of Somil Trivedi

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2 Declaration of Peter Eliasberg

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3 Proposed Order

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May 5, 2020

May 5, 2020

PACER
28

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Olivia Harper Ensign to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace,[24], APPLICATION of Non-Resident Attorney Cristina M. Becker Ellis to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Tra[23]. The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Application is incomplete. State or federal courts where attorneys are admitted is blank. DJ and MJ initials missing. (Thrasher, Lupe)

May 5, 2020

May 5, 2020

PACER
29

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Clara Spera to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagne[22], APPLICATION of Non-Resident Attorney Somil B. Trivedi to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don[25]. The following error(s) was/were found: DJ and MJ initials missing. (Thrasher, Lupe)

May 5, 2020

May 5, 2020

PACER
30

ORDER by Judge Percy Anderson: granting [22] Non-Resident Attorney Clara Spera APPLICATION to Appear Pro Hac Vice on behalf of All Plaintiffs, designating Peter J Eliasberg as local counsel. (et)

May 5, 2020

May 5, 2020

PACER
31

ORDER by Judge Percy Anderson: granting [23] Non-Resident Attorney Cristina M. Becker Ellis APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner., designating Peter J Eliasberg as local counsel. (et)

May 5, 2020

May 5, 2020

PACER
32

ORDER by Judge Percy Anderson: granting [24] Non-Resident Attorney Olivia Harper Ensign APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner, designating Peter J Eliasberg as local counsel. (et)

May 5, 2020

May 5, 2020

PACER
33

ORDER by Judge Percy Anderson: granting [25] Non-Resident Attorney Somil Trivedi APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner., designating Peter J Eliasberg as local counsel. (et)

May 5, 2020

May 5, 2020

PACER
34

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 5:18-cv-02604 JGB(SHKx). Case transferred from Judge Percy Anderson and Magistrate Judge Gail J. Standish to Judge Jesus G. Bernal and Magistrate Judge Shashi H. Kewalramani for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:20-cv-00835 JGB(SHKx). Signed by Judge Jesus G. Bernal (rn)

May 6, 2020

May 6, 2020

RECAP
35

NOTICE of Related Case(s) filed by Defendants Don Barnes, Orange County, California. With Exhibit and Certificate of Service Related Case(s): 8:19-cv-00258-JVS-KES (Attachments: # (1) Exhibit A)(Dunn, D)

1 Exhibit A

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May 7, 2020

May 7, 2020

RECAP
36

OBJECTIONS to Transferring Case purs GO 19-03 (Related Case)(CV-34), [34], Notice of Related Case(s), [15] With Certificate of Service filed by Defendants Don Barnes, Orange County, California. (Dunn, D)

May 7, 2020

May 7, 2020

RECAP
37

PROOF OF SERVICE Executed by Plaintiff Cynthia Campbell, Michael Seif, Monique Castillo, Cecibel Caridad Ortiz, Daniel Kauwe, Mark Trace, Melissa Ahlman, Javier Esparza, Don Wagner, Pedro Bonilla, upon Defendant Don Barnes served on 5/6/2020, answer due 5/27/2020. Service of the Summons and Complaint were executed upon LEANA GUZMAN, SECRETARY/AUTHORIZED TO ACCEPT SERVICE in compliance with statute not specified by personal service.Original Summons NOT returned. (Kamin, Mitchell)

May 8, 2020

May 8, 2020

PACER
38

PROOF OF SERVICE Executed by Plaintiff Cynthia Campbell, Michael Seif, Monique Castillo, Cecibel Caridad Ortiz, Daniel Kauwe, Mark Trace, Melissa Ahlman, Javier Esparza, Don Wagner, Pedro Bonilla, upon Defendant Orange County, California served on 5/6/2020, answer due 5/27/2020. Service of the Summons and Complaint were executed upon DORA GUILLEN, DEPUTY CLERK/AUTHORIZED TO ACCEPT SERVICE in compliance with statute not specified by personal service.Original Summons NOT returned. (Kamin, Mitchell)

May 8, 2020

May 8, 2020

PACER
39

OBJECTIONS to Notice of Related Case(s)[35] -- Plaintiffs' Objection to Defendants' Notice of Related Case, filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Exhibit A to Plaintiffs' Objection to Defendants' Notice of Related Case, # (2) Exhibit B to Plaintiffs' Objection to Defendants' Notice of Related Case)(Kamin, Mitchell)

1 Exhibit A to Plaintiffs' Objection to Defendants' Notice of Related Ca

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2 Exhibit B to Plaintiffs' Objection to Defendants' Notice of Related Ca

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May 9, 2020

May 9, 2020

RECAP
40

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), [37], Service of Summons and Complaint Returned Executed (21 days) [38]. The following error(s) was/were found: The judge's initials are incorrect and should be JGB(SHKx). SACV20-835-JGB(SHKx). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb)

May 11, 2020

May 11, 2020

PACER
41

EX PARTE APPLICATION for Temporary Restraining Order as to Implement Protections Against COVID-19 for Individuals Held at the OC Jail filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Memorandum, # (2) Proposed Order, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E, # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H, # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K, # (14) Exhibit L, # (15) Exhibit M, # (16) Exhibit N, # (17) Exhibit O, # (18) Exhibit P, # (19) Exhibit Q, # (20) Exhibit R, # (21) Exhibit S, # (22) Exhibit T, # (23) Exhibit U, # (24) Exhibit V, # (25) Exhibit W, # (26) Exhibit X, # (27) Exhibit Y, # (28) Exhibit Z, # (29) Exhibit AA, # (30) Exhibit BB, # (31) Exhibit CC, # (32) Exhibit DD, # (33) Exhibit EE, # (34) Exhibit FF, # (35) Exhibit GG, # (36) Exhibit HH, # (37) Exhibit II, # (38) Exhibit JJ, # (39) Exhibit KK, # (40) Exhibit LL, # (41) Exhibit MM, # (42) Exhibit NN) (Kamin, Mitchell)

1 Memorandum

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2 Proposed Order

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M

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16 Exhibit N

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17 Exhibit O

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18 Exhibit P

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19 Exhibit Q

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20 Exhibit R

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21 Exhibit S

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22 Exhibit T

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23 Exhibit U

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24 Exhibit V

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25 Exhibit W

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26 Exhibit X

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27 Exhibit Y

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28 Exhibit Z

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29 Exhibit AA

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30 Exhibit BB

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31 Exhibit CC

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32 Exhibit DD

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33 Exhibit EE

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34 Exhibit FF

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35 Exhibit GG

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36 Exhibit HH

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37 Exhibit II

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38 Exhibit JJ

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39 Exhibit KK

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40 Exhibit LL

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41 Exhibit MM

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42 Exhibit NN

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May 11, 2020

May 11, 2020

RECAP
42

NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Memorandum, # (2) Proposed Order, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E, # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H, # (11) Exhibit I, # (12) Exhibit J, # (13) Exhibit K, # (14) Exhibit L, # (15) Exhibit M, # (16) Exhibit N, # (17) Exhibit O, # (18) Exhibit P, # (19) Exhibit Q, # (20) Exhibit R, # (21) Exhibit S, # (22) Exhibit T, # (23) Exhibit U, # (24) Exhibit V, # (25) Exhibit W, # (26) Exhibit X, # (27) Exhibit Y) (Kamin, Mitchell)

1 Memorandum

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2 Proposed Order

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M

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16 Exhibit N

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17 Exhibit O

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18 Exhibit P

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19 Exhibit Q

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20 Exhibit R

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21 Exhibit S

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22 Exhibit T

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23 Exhibit U

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24 Exhibit V

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25 Exhibit W

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26 Exhibit X

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27 Exhibit Y

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May 11, 2020

May 11, 2020

PACER
43

SCHEDULING NOTICE by Judge Jesus G. Bernal. On May 11, 2020, Plaintiffs file an Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction. The Court hereby orders Defendants to file a response no later than Thursday, May 14, 2020. Thereafter, the Court will issue a hearing date for oral argument. IT IS SO ORDERED THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY

May 12, 2020

May 12, 2020

PACER

Text Only Scheduling Notice

May 12, 2020

May 12, 2020

PACER
44

Opposition In Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to Implement Protections Against COVID-19 for Individuals Held at the OC Jail [41] With Supporting Declarations, Exhibits and Certificate of Service filed by Defendants Don Barnes, Orange County, California. (Attachments: # (1) Memorandum MPA, # (2) Declaration Martin Ramirez, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E, # (8) Exhibit F, # (9) Exhibit G, # (10) Declaration Joseph Balicki, # (11) Exhibit A, # (12) Exhibit B, # (13) Exhibit C, # (14) Exhibit D, # (15) Declaration C. Hsien Chiang, # (16) Exhibit A, # (17) Exhibit B, # (18) Exhibit C, # (19) Exhibit D, # (20) Exhibit E, # (21) Exhibit F, # (22) Declaration D. Kevin Dunn)(Dunn, D)

1 Memorandum MPA

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2 Declaration Martin Ramirez

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Declaration Joseph Balicki

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11 Exhibit A

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12 Exhibit B

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13 Exhibit C

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14 Exhibit D

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15 Declaration C. Hsien Chiang

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16 Exhibit A

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17 Exhibit B

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18 Exhibit C

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19 Exhibit D

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20 Exhibit E

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21 Exhibit F

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22 Declaration D. Kevin Dunn

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May 12, 2020

May 12, 2020

PACER
45

REQUEST FOR JUDICIAL NOTICE In Support of Opposition to Plaintiffs Ex Parte Application for Temporary Restraining Order and/or Motion for Preliminary Injunction [ECF 41].With Certificate of Service filed by Defendants Don Barnes, Orange County, California. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Dunn, D)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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May 12, 2020

May 12, 2020

PACER
46

Evidentiary Objections In Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to Implement Protections Against COVID-19 for Individuals Held at the OC Jail [41] With Certificate of Service filed by Defendants Don Barnes, Orange County, California. (Dunn, D)

May 12, 2020

May 12, 2020

PACER
47

Opposition In Opposition re: NOTICE OF MOTION AND MOTION to Certify Class [42] With Certificate of Service filed by Defendants Don Barnes, Orange County, California. (Attachments: # (1) Memorandum MPA)(Dunn, D)

1 Memorandum MPA

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May 12, 2020

May 12, 2020

PACER
48

Evidentiary Objections In Opposition re: NOTICE OF MOTION AND MOTION to Certify Class [42] With Certificate of Service filed by Defendants Don Barnes, Orange County, California. (Dunn, D)

May 12, 2020

May 12, 2020

PACER
49

REPLY EX PARTE APPLICATION for Temporary Restraining Order as to Implement Protections Against COVID-19 for Individuals Held at the OC Jail [41] Reply in Support of Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Kamin, Mitchell)

May 13, 2020

May 13, 2020

PACER
50

REPLY NOTICE OF MOTION AND MOTION to Certify Class [42] -- Reply in Support of Motion for Provisional Class Certification filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Exhibit A - Declaration of David Mejia Sanchez, # (2) Exhibit B - Declaration of Jeffrey Davis, # (3) Exhibit C- Declaration of Jaime Herrera, # (4) Exhibit D - Declaration of Melissa Ahlman, # (5) Exhibit E - Declaration of Mark Trace, # (6) Exhibit F - Declaration of Cynthia Campbell, # (7) Exhibit G - Declaration of Monique Castillo)(Kamin, Mitchell)

1 Exhibit A - Declaration of David Mejia Sanchez

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2 Exhibit B - Declaration of Jeffrey Davis

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3 Exhibit C- Declaration of Jaime Herrera

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4 Exhibit D - Declaration of Melissa Ahlman

View on RECAP

5 Exhibit E - Declaration of Mark Trace

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6 Exhibit F - Declaration of Cynthia Campbell

View on RECAP

7 Exhibit G - Declaration of Monique Castillo

View on RECAP

May 14, 2020

May 14, 2020

PACER
51

SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal. The Court hereby sets a telephonic hearing on Tuesday, May 19, 2020, at 9:00 a.m., to hear argument on Plaintiffs' Ex-Parte Application for Temporary Restraining Order (Dkt. No. 41) and Motion for Provisional Class Certification (Dkt. No. 42). The courtroom deputy clerk shall e-mail the attorneys of record the telephone conference number 24 hours before the hearing date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY

May 14, 2020

May 14, 2020

PACER
52

APPLICATION of Non-Resident Attorney Stacey K. Grigsby to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26461517) filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Benjamin, Brittany)

May 15, 2020

May 15, 2020

PACER

Text Only Scheduling Notice

May 15, 2020

May 15, 2020

PACER
53

RESPONSE filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagnerto Objection/Opposition (Motion related), [46] re: Defendants' Evidentiary Objections to Plaintiffs' Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Kamin, Mitchell)

1 Exhibit A

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2 Exhibit B

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May 16, 2020

May 16, 2020

PACER
54

RESPONSE filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagnerto Objection/Opposition (Motion related)[48] re: Defendants' Evidentiary Objections to Plaintiffs' Motion to Certify Class (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Kamin, Mitchell)

1 Exhibit A

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2 Exhibit B

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May 16, 2020

May 16, 2020

PACER
55

SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal. The Court hereby changes the time of the telephonic hearing on Plaintiffs' Ex-Parte Application for Temporary Restraining Order (Dkt. No. 41) and Motion for Provisional Class Certification (Dkt. No. 42) on Tuesday, May 19, 2020, from 9:00 a.m. to 11:00 a.m. The courtroom deputy clerk shall e-mail the attorneys of record the telephone conference number 24 hours before the hearing date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY

May 18, 2020

May 18, 2020

PACER

Text Only Scheduling Notice

May 18, 2020

May 18, 2020

PACER
56

STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)

May 18, 2020

May 18, 2020

PACER
57

SUPPLEMENT to EX PARTE APPLICATION for Temporary Restraining Order as to Implement Protections Against COVID-19 for Individuals Held at the OC Jail [41] -- Supplemental Evidence in Support of Plaintiffs Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Exhibit A - Supplemental Declaration of Melissa Ahlman, # (2) Exhibit B - Supplemental Declaration of Charles Lucious, # (3) Exhibit C - Supplemental Declaration of David Mejia Sanchez, # (4) Exhibit D - Supplemental Declaration of Michael Seif, # (5) Exhibit E - Supplemental Declaration of Donald Timmons, # (6) Exhibit F - Supplemental Declaration of Vernell White)(Kamin, Mitchell)

1 Exhibit A - Supplemental Declaration of Melissa Ahlman

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2 Exhibit B - Supplemental Declaration of Charles Lucious

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3 Exhibit C - Supplemental Declaration of David Mejia Sanchez

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4 Exhibit D - Supplemental Declaration of Michael Seif

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5 Exhibit E - Supplemental Declaration of Donald Timmons

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6 Exhibit F - Supplemental Declaration of Vernell White

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May 18, 2020

May 18, 2020

PACER
58

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Stacey K. Grigsby to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don[52]. The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Attorney Brittany L. Benjamin is not admitted to the Central District of California and cannot act as local counsel. Attorney was notified on 5/1/20 of her status with this Court. (Thrasher, Lupe)

May 18, 2020

May 18, 2020

PACER
59

APPLICATION of Non-Resident Attorney Stacey K. Grigsby to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26483389) filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Proposed Order) (Kamin, Mitchell)

1 Proposed Order

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May 18, 2020

May 18, 2020

PACER
60

ORDER GRANTING APPLICATION of Non-Resident Attorney Stacey K. Grigsby to Appear Pro Hac Vice on behalf of Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26483389) and designating Britanny L Benjamin as local counsel [59] by Judge Jesus G. Bernal (lc)

May 19, 2020

May 19, 2020

PACER
61

DECLARATION of Joseph Balicki In Support of Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to Implement Protections Against COVID-19 for Individuals Held at the OC Jail [41] With Certificate of Service filed by Defendants Don Barnes, Orange County, California. (Dunn, D)

May 19, 2020

May 19, 2020

PACER
62

MINUTES OF Telephonic Hearing on: (1) Motion for Provisional Class Certification [42] and (2) Ex-Parte Application for Temporary Restraining Order [41] held before Judge Jesus G. Bernal: Counsel make their appearances. The Court hears argument and takes the matters under submission. Court Reporter: Phyllis A. Preston. (lc)

May 19, 2020

May 19, 2020

PACER
63

DECLARATION of Dr. Joe Goldenson In support of EX PARTE APPLICATION for Temporary Restraining Order as to Implement Protections Against COVID-19 for Individuals Held at the OC Jail [41] filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Stubbs, Cassandra)

May 20, 2020

May 20, 2020

Clearinghouse
64

STIPULATION Extending Time to Answer the complaint as to Don Barnes answer now due 6/3/2020; Orange County, California answer now due 6/3/2020, re Petition for Writ of Habeas Corpus,,,,, [1] filed by Defendants Don Barnes; Orange County, California.(Watson, Kayla)

May 26, 2020

May 26, 2020

PACER
65

MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: ORDER 1) GRANTINGINPART and DENYINGINPART Plaintiffs Application for Temporary Restraining Order or Preliminary Injunction [41]; and (2) GRANTING Plaintiffs Motion for Provisional Class Certification [42]. (SEE DOCUMENT FOR SPECIFICS AND LIST OF RELIEF AND OTHER INFORMATION THEREIN). (lc)

May 26, 2020

May 26, 2020

Clearinghouse
66

EX PARTE APPLICATION to Stay Case pending Appeal re May 26, 2020 Order Order (1) GRANTINGINPART and DENYINGINPART Plaintiffs Application [ECF 65] With Certificate of Service filed by Defendants Don Barnes, Orange County, California. (Attachments: # (1) Memorandum of Points and Authorities, # (2) Declaration Kayla N. Watson, # (3) Declaration C. Hsien Chiang, M.D., # (4) Declaration Joseph Balicki, # (5) Proposed Order) (Watson, Kayla)

1 Memorandum of Points and Authorities

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2 Declaration Kayla N. Watson

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3 Declaration C. Hsien Chiang, M.D.

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4 Declaration Joseph Balicki

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5 Proposed Order

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May 27, 2020

May 27, 2020

PACER
67

REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION to Stay Case pending Appeal re May 26, 2020 Order Order (1) GRANTINGINPART and DENYINGINPART Plaintiffs Application [ECF 65] With Certificate of Service[66] With Certificate of Service filed by Defendants Don Barnes, Orange County, California. (Attachments: # (1) Exhibit A)(Watson, Kayla)

1 Exhibit A

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May 27, 2020

May 27, 2020

PACER
68

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Don Barnes, Orange County, California. Appeal of Order on Motion to Certify Class Action, [65]. (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-26597999.) (Watson, Kayla)

May 28, 2020

May 28, 2020

PACER
69

TRANSCRIPT ORDER re: Court of Appeals case number TBD, as to Defendants Don Barnes, Orange County, California for Court Reporter. Court will contact Simon Perng at simon.perng@coco.ocgov.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Watson, Kayla)

May 28, 2020

May 28, 2020

PACER
70

MEMORANDUM in Opposition to EX PARTE APPLICATION to Stay Case pending Appeal re May 26, 2020 Order Order (1) GRANTINGINPART and DENYINGINPART Plaintiffs Application [ECF 65] With Certificate of Service[66] filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Kamin, Mitchell)

May 28, 2020

May 28, 2020

PACER
71

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55568 assigned to Notice of Appeal to 9th Circuit Court of Appeals, [68] as to defendants Don Barnes, Orange County, California. (twdb)

May 28, 2020

May 28, 2020

PACER
72

MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order DENYING Defendants Ex Parte Application to Stay Case [66]. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)

June 2, 2020

June 2, 2020

Clearinghouse
73

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Don Barnes, Orange County, California. Motion set for hearing on 7/13/2020 at 09:00 AM before Judge Jesus G. Bernal. (Leeds, Rebecca)

June 3, 2020

June 3, 2020

PACER
74

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case [73] filed by Defendants Don Barnes, Orange County, California. (Leeds, Rebecca)

June 3, 2020

June 3, 2020

PACER
75

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, [68] filed by Don Barnes, Orange County, California. CCA # 20-55568. We have received appellants' supplemented emergency motion at Docket Entry No. 8 seeking to stay the district court's May 26, 2020 order pending resolution of this appeal. Appellees response to the emergency motion is due June 8, 2020. Appellants' optional reply is due June 10, 2020. To the extent that appellants' emergency motion requests an immediate stay of the district court's May 26, 2020 order pending resolution of the emergency motion, the request is denied. (car)

June 4, 2020

June 4, 2020

PACER
76

TRANSCRIPT for proceedings held on 5/19/20. Court Reporter: Phyllis Preston, stenojag@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/30/2020. Redacted Transcript Deadline set for 7/10/2020. Release of Transcript Restriction set for 9/8/2020. (Preston, Phyllis)

June 9, 2020

June 9, 2020

PACER
77

NOTICE OF FILING TRANSCRIPT filed for proceedings 5/19/20 re Transcript [76] THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Preston, Phyllis) TEXT ONLY ENTRY

June 9, 2020

June 9, 2020

PACER

Notice of Filing Transcript

June 10, 2020

June 10, 2020

PACER
78

NOTICE of First Amended Complaint filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Kamin, Mitchell)

June 12, 2020

June 12, 2020

PACER
79

First AMENDED COMPLAINT against Defendants All Plaintiffs amending Petition for Writ of Habeas Corpus,,,,, [1], filed by Plaintiffs Cynthia Campbell, Monique Castillo, Daniel Kauwe, Melissa Ahlman, Javier Esparza, Pedro Bonilla (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H-A, # (9) Exhibit H-B, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L, # (14) Exhibit M, # (15) Exhibit N, # (16) Exhibit O, # (17) Exhibit P, # (18) Exhibit Q, # (19) Exhibit R, # (20) Exhibit S, # (21) Exhibit T, # (22) Exhibit U, # (23) Exhibit V, # (24) Exhibit W, # (25) Exhibit X, # (26) Exhibit Y, # (27) Exhibit Z, # (28) Exhibit AA, # (29) Exhibit BB, # (30) Exhibit CC, # (31) Exhibit DD, # (32) Exhibit EE, # (33) Exhibit FF, # (34) Exhibit GG, # (35) Exhibit HH, # (36) Exhibit II, # (37) Exhibit JJ, # (38) Exhibit KK, # (39) Exhibit LL, # (40) Exhibit MM, # (41) Exhibit NN, # (42) Exhibit OO)(Kamin, Mitchell)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H-A

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9 Exhibit H-B

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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18 Exhibit Q

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19 Exhibit R

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20 Exhibit S

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21 Exhibit T

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22 Exhibit U

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23 Exhibit V

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24 Exhibit W

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25 Exhibit X

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26 Exhibit Y

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27 Exhibit Z

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28 Exhibit AA

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29 Exhibit BB

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30 Exhibit CC

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31 Exhibit DD

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32 Exhibit EE

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33 Exhibit FF

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34 Exhibit GG

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35 Exhibit HH

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36 Exhibit II

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37 Exhibit JJ

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38 Exhibit KK

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39 Exhibit LL

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40 Exhibit MM

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41 Exhibit NN

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42 Exhibit OO

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June 12, 2020

June 12, 2020

Clearinghouse
80

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, [68] filed by Don Barnes, Orange County, California. CCA # 20-55568. Appellants' emergency motion to stay the district court's May 26, 2020 order is denied. A written order giving the courts reasoning will follow in due course. Appellants' emergency motion to supplement the record on appeal is denied. However, we sua sponte remand the case to the district court for the limited purpose of allowing the parties to present any evidence of changed circumstances that might merit modification or dissolution of the preliminary injunction. [See document for more details.] (mat)

June 12, 2020

June 12, 2020

PACER
81

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case [73] filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Kamin, Mitchell)

June 15, 2020

June 15, 2020

PACER
82

Notice of Withdrawal of Motion to Dismiss Case[73], Request for Judicial Notice[74] filed by Defendants Don Barnes, Orange County, California. (Leeds, Rebecca)

June 16, 2020

June 16, 2020

PACER
84

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, [68] filed by Orange County, Don Barnes. CCA # 20-55568. We deny the motion to stay, but remand for the limited purpose of allowing the district court to consider whether changed circumstances justify modifying or dissolving the injunction. Accordingly, we sua sponte remand the case to the district court for the limited purpose of allowing the parties to present any evidence of changed circumstances that might merit modification or dissolution of the preliminary injunction. In the event such evidence is presented, the district court may consider whether it is appropriate to hold an evidentiary hearing. After reviewing any new evidence, the district court may, in its discretion, modify or dissolve the preliminary injunction as it deems appropriate. The previously established briefing schedule remains in effect. IT IS SO ORDERED. [See document for all complete details.] (mat)

June 17, 2020

June 17, 2020

PACER
83

NOTICE OF MOTION AND MOTION to Expedite Discovery -- Plaintiffs' Notice of Motion and Motion for Limited Expedited Discovery; Memorandum of Points and Authorities, filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. Motion set for hearing on 6/29/2020 at 01:00 PM before Judge Jesus G. Bernal. (Attachments: # (1) Exhibit A, # (2) Proposed Order) (Kamin, Mitchell)

1 Exhibit A

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2 Proposed Order

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June 18, 2020

June 18, 2020

RECAP
85

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Expedite Discovery [83]. The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb)

June 19, 2020

June 19, 2020

PACER
86

EX PARTE APPLICATION to Withdraw Preliminary Injunction Order on Motion to Certify Class Action, [65] filed by Defendants Don Barnes, Orange County. (Attachments: # (1) Memorandum of Points & Authorities in Support of Motion to Dissolve Preliminary Injunction, # (2) Declaration of Kayla N. Watson, # (3) Declaration of Dr. Chiang, # (4) Declaration of Cpt. Ramirez, # (5) Declaration of Cpt. Von Nordheim, # (6) Declaration of Cpt. Rich, # (7) Declaration of Sgt. Hennessey, # (8) Declaration E. Winger) (Watson, Kayla)

1 Memorandum of Points & Authorities in Support of Motion to Dissolve Preliminary

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2 Declaration of Kayla N. Watson

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3 Declaration of Dr. Chiang

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4 Declaration of Cpt. Ramirez

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5 Declaration of Cpt. Von Nordheim

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6 Declaration of Cpt. Rich

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7 Declaration of Sgt. Hennessey

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8 Declaration E. Winger

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June 19, 2020

June 19, 2020

RECAP
87

NOTICE OF LODGING filed June 22, 2020 with Certificate of Service re EX PARTE APPLICATION to Withdraw Preliminary Injunction Order on Motion to Certify Class Action, [65] [86] (Attachments: # (1) Proposed Order)(Watson, Kayla)

1 Proposed Order

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June 22, 2020

June 22, 2020

PACER
88

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, [85] by Deputy Clerk of Court. The document is accepted as filed. The Court hereby resets the hearing date to July 20, 2020, at 9:00 a.m. A separate ex parte application must be filed if the parties wish to advance the hearing date. (iva)

June 23, 2020

June 23, 2020

PACER
89

EX PARTE APPLICATION to Shorten Time for Hearing on to 6/29/2020 -- Plaintiffs Ex Parte Application to Immediately Set Hearing Date to June 29, 2020 on Plaintiffs Motion for Limited Expedited Discovery; or in the Alternative, to Set Expedited Hearing for Plaintiffs Motion, filed by Plaintiffs Melissa Ahlman, Pedro Bonilla, Cynthia Campbell, Monique Castillo, Javier Esparza, Daniel Kauwe, Cecibel Caridad Ortiz, Michael Seif, Mark Trace, Don Wagner. (Attachments: # (1) Memorandum in Support of Ex Parte Application, # (2) Exhibit A, # (3) Proposed Order) (Kamin, Mitchell)

1 Memorandum in Support of Ex Parte Application

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2 Exhibit A

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3 Proposed Order

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June 23, 2020

June 23, 2020

PACER
90

DECLARATION of C. Hsien Chiang, M.D. In Support of EX PARTE APPLICATION to Withdraw Preliminary Injunction Order on Motion to Certify Class Action, [65] [86] With Certificate of Service filed by Defendants Don Barnes, Orange County. (Watson, Kayla)

June 24, 2020

June 24, 2020

PACER
91

Opposition in Opposition to re: NOTICE OF MOTION AND MOTION to Expedite Discovery -- Plaintiffs' Notice of Motion and Motion for Limited Expedited Discovery; Memorandum of Points and Authorities,[83], EX PARTE APPLICATION to Shorten Time for Hearing on to 6/29/2020 -- Plaintiffs Ex Parte Application to Immediately Set Hearing Date to June 29, 2020 on Plaintiffs Motion for Limited Expedited Discovery; or in the Alternative, to Set Expedited Hea[89] With Certificate of Service filed by Defendants Don Barnes, Orange County. (Watson, Kayla)

June 24, 2020

June 24, 2020

RECAP
92

ANSWER to Amended Complaint/Petition,,,, [79] With Certificate of Service filed by Defendants Don Barnes, Orange County.(Leeds, Rebecca)

June 26, 2020

June 26, 2020

PACER
93

MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) DENYING Defendants Ex Parte Application to Dissolve Injunction (Dkt. No. [86]); (2) GRANTING Plaintiffs Motion for Expedited Discovery (Dkt. No. [83]); (3) DENYING Plaintiffs Ex Parte Application to Shorten Time (Dkt. No. [89]); and (4) VACATING the July 20, 2020 Hearing. ORDERS that by July 8, 2020, (1) Defendants will serve responses to all outstanding written discovery, (2) the parties will agree on a date for inspection of the Jail to be no later than July 15, 2020, and (3) the parties will agree on a time and date for the video depositions of Erin Winger, Dr. C. Hsien Chiang, and Commander Joseph Balicki to be no later than July 15, 2020; SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)

June 26, 2020

June 26, 2020

Clearinghouse
94

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Don Barnes, Orange County. Appeal of Order on Motion to Expedite,,,, Order on Motion to Withdraw,,,, Order on Motion to Shorten Time for Hearing,,, [93]. (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-27000595.) (Attachments: # (1) Exhibit ECF 93 & 65, # (2) Supplement Forms 1 & 6)(Watson, Kayla)

1 Exhibit ECF 93 & 65

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2 Supplement Forms 1 & 6

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June 29, 2020

June 29, 2020

PACER
95

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, [68] filed by Orange County, Don Barnes. CCA # 20-55568. Appellants' urgent motion to stay the district court's May 26, 2020 order is denied. We lack jurisdiction to review the district court's June 26, 2020 order denying appellants' ex parte request absent the filing of a new or amended notice of appeal. [See document for all details.](mat)

June 29, 2020

June 29, 2020

PACER
96

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55668 assigned to Notice of Appeal to 9th Circuit Court of Appeals, [94] as to defendants Don Barnes, Orange County. (twdb)

July 1, 2020

July 1, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 30, 2020

Closing Date: Sept. 12, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at Orange County Jail in California

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Orange County (Orange), County

Orange County Sheriff (Orange), County

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $714,928.39

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Recordkeeping

Auditing

Monitoring

Required disclosure

Issues

General:

Bathing and hygiene

Conditions of confinement

Food service / nutrition / hydration

Sanitation / living conditions

Disability and Disability Rights:

disability, unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Medical care, general

COVID-19:

CDC Guidance ordered implemented

Contact tracing ordered

COVID reporting ordered

COVID testing ordered/modified

Exercise/recreation regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

Out-of-cell time regulated

PPE-ordered provided to prisoners for free

PPE-ordered worn by staff

Programming regulated

Quarantine/isolation ordered

Release Denied

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered

Wellness/temperature checks ordered