Case: Cruz v. County of Fresno

Cruz v. City of Fresno

COMPLAINT before Chief Judge Robert E Coyle; referred to Magistrate John F Moulds; Summons issued; fee status paid; Receipt # 143018; Notice re: Consent forms (old) (Entered: 02/09/1993)

NOTICE by court that this action has been referred to Magistrate John F Moulds for all pretrial matters ( cc: all counsel) (old) (Entered: 02/09/1993)

AMENDED COMPLAINT [1−1] by plaintiffs; parties Roger D Hausman, Charles Wilcox, Rebecca Montero−Salcedo, Anthony Sherwood and Richard Ruiz ADDED (old) (Entered: 02/19/1993)

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendants County of Fresno and Steve Magarian on 2/9/93 (old) (Entered: 02/19/1993)

MOTION by plaintiffs for temporary restraining order ; MEMORANDUM of points and authorities in support; hearing SET 2/25/93 9:00 Ctrm 8 JFM (old) (Entered: 02/19/1993)

ANSWER by defendants County of Fresno and Steve Magarian to AMENDED complaint (old) (Entered: 03/02/1993)

DECLARATION of Laurel Fryer−Smith with copy of stipulation to continue hearing on temporary restraining order to 3/18/93 (old) (Entered: 03/04/1993)

ORDER by Magistrate John F Moulds ORDERING: plaintiffs are GRANTED 15 days from the date of this order to file a complaint complies with requirement of FRCP; failure to file in accordance will result in DISMISSAL of this action (cc: all counsel) (old) (Entered: 02/25/1993)

LODGED STIPULATION AND ORDER for leave to file SECOND amended complaint (old) (Entered: 03/11/1993)

LODGED STIPULATION AND ORDER to certify the class (old) (Entered: 03/11/1993)

ANSWER by County of Fresno and Steve Magarian to FIRST AMENDED complaint (old) (Entered: 03/15/1993)

MEMORANDUM OF POINTS AND AUTHORITIES by County of Fresno and Steve Magarian IN OPPOSITION to motion for temporary restraining order [5−1]; hearing SET 3/18/93 9:00 Ctrm 8 JFM (old) (Entered: 03/15/1993)

DECLARATION of Doug Papagni RE: Application for temporary restraining order (old) (Entered: 03/26/1993)

EXHIBITS in support of motion for TRO (old) (Entered: 03/19/1993)

MINUTES of 3/18/93 motion hearing before Magistrate John F Moulds: stipulation reached; defense counsel to prepare and submit by 3/25/93; hearing on motion for temporary restraining order/preliminary injunction [5−1] SET 9:00 5/28/93 Ctrm 8 JFM; C/R: CF (old) (Entered: 03/22/1993)

LODGED PROPOSED TEMPORARY RESTRAINING ORDER (old) (Entered: 03/19/1993)

LODGED SECOND AMENDED COMPLAINT (old) (Entered: 03/19/1993)

DECLARATION of Edward Contreras IN SUPPORT OF re motion for temporary restraining order [5−1]; hearing HELD 3/18/93 9:00 Ctrm 8 JFM (old) (Entered: 03/19/1993)

STIPULATION and ORDER by Magistrate John F Moulds ORDERING: this case is certified as a CLASS ACTION on behalf of all present and future prisoners in the North Annex, South Annex and Main Fresno County Jail (cc: all counsel) (old) (Entered: 03/23/1993)

STIPULATION and ORDER by Magistrate John F Moulds ORDERING: plaintiffs are GRANTED LEAVE to file a second amended complaint (cc: all counsel) (old) (Entered: 03/23/1993)

SECOND AMENDED COMPLAINT by plaintiff; party Edward Contreras added (old) (Entered: 03/23/1993)

CONSENT to Proceed before a Magistrate by defendants County of Fresno and Steve Magarian (old) (Entered: 03/24/1993)

LODGED STIPULATION AND ORDER re preliminary injunction (old) (Entered: 04/01/1993)

STIPULATION and ORDER APPROVED by Magistrate John F Moulds: parties STIPULATE to hearing on motion for temporary restraining order [5−1] SET 5/28/93 9:00 Ctrm 8 JFM; defendants shall add 144 beds and five c/o to North Annex Facility, insure that no inmate sleep on floor of South Annex Facility, provide one hour daily exercise for inmates of North Annex, and continue existing exercise schedule in Main Jail and South Annex as described in Declaration of Lt Doug Papgni [19−1] (cc: all counsel) (old) (Entered: 04/15/1993)

NOTICE by defendant County of Fresno and defendant Steve Magarian of association of attorney J Wesley Merritt (old) (Entered: 05/20/1993)

LODGED stipulation re preliminary and permanent injunction by defts (old) (Entered: 05/27/1993)

CONSENT to Proceed before a Magistrate by all plaintiffs (old) (Entered: 05/28/1993)

MINUTES before Magistrate John F Moulds re pltf's motion for preliminary injunction; stipulation and order to be filed; agreed to permanent injunction as to jail/preliminary injunction as to 2 jails; hearing on motion for temporary restraining order [5−1] set for 8/12/93 at 11:00 ctrm 8 JFM (old) (Entered: 05/28/1993)

MAIL to Fresno Office consisting of transmittal letter, docket sheet, case file in 1 volume (docs 1−24) and Proposed order for Judge Coyle (old) (Entered: 06/29/1993)

MAIL from Sacramento Office recieved complete case file in 1 vol., documents 1−24, with proposed order for District Judge's signature, forwarded to REC. (lm) (Entered: 07/02/1993)

ORDER by Chief Judge Robert E. Coyle vacating 5 motion for temporary restraining order , Case reassigned to Judge John F. Moulds (cc: all counsel) (old) (Entered: 07/06/1993)

MAIL to Sacramento Office original case file in 1 volume for further preliminary considerations (old) (Entered: 07/06/1993)

MAIL from Fresno Office consisting of one volume (docs 1−25) for further consideration (old) (Entered: 07/07/1993)

STIPULATION and ORDER by Judge John F Moulds GRANTING the lodged stipulation re preliminary and permanent injunction re population level; see order for details (cc: all counsel) (old) (Entered: 07/14/1993)

STATUS Conference REPORT by defendant County of Fresno, defendant Steve Magarian (old) (Entered: 08/04/1993)

Amended STATUS Conference REPORT sans exhibits by defendant County of Fresno, defendant Steve Magarian (old) (Entered: 08/10/1993)

STATUS CONFERENCE REPORT by plaintiffs (old) (Entered: 08/12/1993)

MINUTES of FURTHER HEARING before Judge John F Moulds: In−court hearing SET for 11/18/93 at 11:00 for trial setting ; status report due 10/15/93; parties request settlement Judge to tour facility; C/R: ECRO (old) (Entered: 08/16/1993)

NOTICE by plaintiffs of Association of Counsel, associating attorney Paul T Persons (old) (Entered: 08/17/1993)

ORDER AFTER HEARING by Judge John F Moulds STATING that 7 days prior to the 11/18/93 status conference the parties shall file a joint statement or a statement agreed to by al parties setting forth all unresolved issued (cc: all counsel) (old) (Entered: 08/16/1993)

LODGED Stipulation re permanent Injunction; order (old) (Entered: 10/25/1993)

STIPULATION re Permanent Injunction and ORDER by Judge John F Moulds: GRANTING stipulation lodged 10/21/93 (cc: all counsel) (old) (Entered: 11/02/1993)

Joint STATUS REPORT by plaintiffs and defendants (old) (Entered: 11/16/1993)

MINUTES of trial setting before Judge John F Moulds: In−court hearing HELD 11/18/93 ; trial estimate 4−5 days; trial SET 4/25/94 at 9:00; pre trial conf SET for 3/24/94 at 1:30; discovery cut−off 3/24/94; settlement conf judge will be designated; C/R: ECRO (old) (Entered: 11/19/1993)

SCHEDULING ORDER by Judge John F Moulds ORDERING that all pretrial motions,except motions to compel discovery, shall be filed and brief pursuant to LR 230 by 3/24/94; discovery shall be completed by 3/24/94; pretrial conf SET for 3/24/94 at 1:30; 14 days prior plaintiff shall file a statement required by LR 281; 7 days prior to conf, defts shall do the same; a settlement conf judge will be designated by separate order; trial SET for 4/25/94 at 9:00 (cc: all counsel) (old) (Entered: 12/30/1993)

ORDER by Judge John F Moulds ORDERING that this Case reassigned to Judge Gregory G Hollows (cc: all counsel) (old) (Entered: 01/26/1994)

STIPULATION re PERMANENT INJUNCTIN and ORDER by Judge Gregory G Hollows: this litigation is a class action; defts shall limit and control the population level within Fresno County Jails as listed; defts shall pay to plaintiff's counsel Paul Comiskey attorneys fees in the amount of $33,000 a the time of the filing of the final judgment (cc: all counsel) (old) (Entered: 02/25/1994)

ORDER by Judge Gregory G Hollows: within 5 days defts shall post copies of this order with attached settlement notice and stipulated settlement order [38−1] on every level of the Fresno County Jail; within 5 days counsel for plaintiffs shall serve all named plaintiffs with a copy of this order and all attachments by mail at the last address of record for each named plaintiff; hearing SET for 4/7/94 at 9:00 re settlement (cc: all counsel) (old) (Entered: 03/08/1994)

ORDER by Magistrate John F Moulds Case assigned to Judge Dennis L Beck (cc: all counsel) (kb) (Entered: 04/08/1994)

MAIL to Fresno Office (kb) (Entered: 04/08/1994)

MINUTE ORDER: VACATING Order reassigning Magistrate Judge [40−1] [40−2] all counsel) (old) (Entered: 04/08/1994)

MAIL from Sacramento Office − original file one volume all documents included (old) (Entered: 04/19/1994)

MINUTES of Settlement Conference before Judge Gregory G Hollows: Case has settled; Court to issue final order (old) (Entered: 04/29/1994)

MAIL to Sacramento Office ATTN: Donna of Magistrate Hollows Chambers re original case file in 1 volume + 1 expando file mailed by UPS (old) Modified on 04/26/1994 (Entered: 04/26/1994)

JUDGMENT by Judge Gregory G Hollows ORDERING that the settlement agreement reached by the parties is approved and found to be fair adequate and reasonable; that the clerk is ordered to enter final judgement in favor of pltf in conformance with stipulation re Permanent Injunction of 2/25/94; that the judgment applies to the following class: all present and future prisoners in the following Fresno County Jails: North Annex South Annex and Mail Jail; that the defendants shall pay attorney's fees expeditiously pursuant to the terms of the stipulation re Permanent Injunction of 2/25/94 (cc: all counsel) (old) (Entered: 05/06/1994)

MAIL to Fresno Office consisting of 1 vol Clerk's record, Docs 1 through 43 (old) (Entered: 07/08/1994)

MAIL from Sacramento Office Original file one volume all documents included (old) (Entered: 07/12/1994)

MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 by Fresno County Superior Court. Attorney Fischbach, Donald Richard added. Motion Hearing set for 9/8/2011 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Memorandum in support of motion to intervene)(Fischbach, Donald) (Entered: 07/14/2011)

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/28/2011 ORDERING that on the undersigned's own motion, and pursuant to LR 120(d),(f), and for good cause shown, this case is REASSIGNED to District Judge Lawrence J. O' and Neill for all further proceedings. Magistrate Judge Gregory G. Hollows no longer assigned to case. All future pleadings shall bear the case number 1:93−cv−5070 LJO (PC). (Waggoner, D) (Entered: 07/28/2011)

SERVICE BY MAIL: 45 Order served on Richard P Herman. (Waggoner, D) (Entered: 07/28/2011)

ORDER re 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 filed by Fresno County Superior Court, signed by District Judge Lawrence J. O'Neill on 8/1/2011.(Objection Deadline: 8/15/2011) (Martin-Gill, S)

STIPULATION and PROPOSED ORDER for Extend Time to Object to Intervention by the Fresno County Superior Court by Fresno County. Attorney Linden, Michael Robert added. (Linden, Michael) (Entered: 08/04/2011)

PROPOSED ORDER re Extend Time to Object to Intervention by the Fresno County Superior Court re 47 Stipulation and Proposed Order by Fresno County. (Linden, Michael) (Entered: 08/04/2011)

DESIGNATION of COUNSEL FOR SERVICE., attorney John Wesley Merritt terminated (Linden, Michael) (Entered: 08/04/2011)

DESIGNATION of COUNSEL FOR SERVICE. Added attorney John Henry Hagar,Kevin Burke Briggs for Fresno County (Linden, Michael) (Entered: 08/04/2011)

CLERK'S NOTICE to Attorney Michael Linden re 47 Stipulation and Proposed Order: When filing a Stipulation to Extend Time, you must use the event Extension of Time found in the Motions category. Please re−file your Motion for Extension of Time using the correct Motion event. If you need assistance, please contact the CM/ECF help desk at 866−884−5444, or refer to the CM/ECF User's Manual on the court's website. (Marrujo, C) (Entered: 08/05/2011)

MOTION for 2−DAY EXTENSION OF TIME to August 17, 2011 by John B Cruz. Attorney Linden, Michael Robert added. (Linden, Michael) (Entered: 08/08/2011)

MOTION for 2−DAY EXTENSION OF TIME to Object to Intervention by the Fresno County Superior Court by John B Cruz. (Linden, Michael) (Entered: 08/08/2011)

MOTION for 2−DAY EXTENSION OF TIME to Object to Intervention by the Fresno County Superior Court by Fresno County. (Linden, Michael) (Entered: 08/08/2011)

MOTION for 2−DAY EXTENSION OF TIME to Object to Intervention by the Fresno County Superior Court by Fresno County. (Linden, Michael) (Entered: 08/08/2011)

MINUTE ORDER: (TEXT ENTRY ONLY) For good cause appearing, this Court GRANTS Fresno County's request to extend time to file a notice of intent to object to the Fresno County Superior Court's pending motion to intervene. All parties shall file a notice of intent to object to the motion, if any, no later than August 17, 2011 signed by District Judge Lawrence J. O'Neill on August 8, 2011. (Lira, I) (Entered: 08/08/2011)

SERVICE BY MAIL: 56 Minute Order served on Kevin Burke Briggs, Richard P Herman. (Lira, I) (Entered: 08/08/2011)

MINUTE ORDER: (TEXT ENTRY ONLY) The Court is in possession of the original file in this action. Any party wishing to make a copy of the court file in this action may do so; however, that party shall arrange to send a copying service to the court for the purpose of copying the record. Multiple parties may coordinate to share one copying service. To arrange a date and time to make a copy of the file, the parties are advised to contact chambers at 499−5990. For planning purposes, the Court advises the parties that the file is approximately the size of one ream of paper signed by District Judge Lawrence J. O'Neill on August 10, 2011. (Lira, I) (Entered: 08/10/2011)

SERVICE BY MAIL: 57 Minute Order served on Kevin Burke Briggs, Richard P Herman. (Lira, I) (Entered: 08/10/2011)

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Catherine Campbell for Ruben D Cruz,Catherine Campbell for Roger D Hausman,Catherine Campbell for Joseph Q Krukowski,Catherine Campbell for Rebecca Montero−Salcedo,Catherine Campbell for Doug Murphy,Catherine Campbell for Anthony Sherwood,Catherine Campbell for Charles Wilcox, attorney Michael Donald Long; Richard P Herman and Michael Robert Linden terminated (Campbell, Catherine) (Entered: 08/12/2011)

NOTICE of intent to oppose intervention by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox. Attorney Campbell, Catherine added. (Campbell, Catherine) (Entered: 08/12/2011)

NOTICE of errata by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox. (Campbell, Catherine) (Entered: 08/12/2011)

NOTICE of Intention to Object to Motion to Intervene of the Fresno County Superior Court by Fresno County. (Linden, Michael) (Entered: 08/17/2011)

ORDER re: Briefing Schedule (On Intervention Issue) re 44 , signed by District Judge Lawrence J. O'Neill on 8/17/11. Motion Hearing set for 9/1/2011 at 01:30 PM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Gonzalez, R) (Entered: 08/17/2011)

SERVICE BY MAIL: 62 Order Setting Hearing on Motion, served on Kevin Burke Briggs. (Gonzalez, R) (Entered: 08/17/2011)

EX PARTE APPLICATION by Fresno County for Modification of the Briefing Schedule for the Fresno County Superior Court's Motion to Intervene. (Attachments: # 1 Declaration, # 2 Declaration)(Linden, Michael) (Entered: 08/18/2011)

EXHIBIT A to Declaration of John Hagar by Fresno County re 63 Ex Parte Application. (Linden, Michael) (Entered: 08/18/2011)

ORDER TO RESET BRIEFING SCHEDULE (re 44 Motion to Intervene), Signed by District Judge Lawrence J. O'Neill on 8/19/2011. The hearing on the above motion is reset to 9/30/2011 at 1:30 PM in Courtroom 4 before District Judge Lawrence J. O'Neill. (Arellano, S.)

SERVICE BY MAIL: 65 Order served on Kevin Burke Briggs. (Arellano, S.) (Entered: 08/19/2011)

MAIL RETURNED as Undeliverable, "NOT DELIVERABLE AS ADDRESSED − UNABLE TO FORWARD" : 45 Order, 56 Minute Order, sent to Richard P. Herman, Prisoner Rights Union at PO Box 4108, Laguna Beach, CA 92652. (Hellings, J) (Entered: 08/24/2011)

OPPOSITION by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox to 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 . (Campbell, Catherine) (Entered: 09/16/2011)

AMENDED DOCUMENT by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox: Amended 66 Opposition to Motion,. (Campbell, Catherine) (Entered: 09/16/2011)

MAIL RETURNED as Undeliverable, "Wrong PO Box # − No Longer in This PO Box" : 46 Order, 57 Minute Order, sent to Richard P. Herman at PO Box 4108, Laguna Beach, CA 92652. (Hellings, J) (Entered: 09/16/2011)

MINUTE ORDER: (TEXT ENTRY ONLY) Having read and reviewed the opposition to the pending motion to intervene, this Court finds that a reply would be helpful to resolution of this motion. Accordingly, this Court ORDERS the proposed intervenor, the Fresno Superior Court, to file reply papers no later September 26, 2011. The reply papers should focus on the issues related to standing and jurisdiction. All other arguments raised in the opposition relate to the motion for clarification, not the motion to intervene. Once the Court has read and reviewed the reply papers, the Court will issue a further order on whether the September 30, 2011 hearing on this motion shall stay on calendar or whether this motion shall be submitted on the papers signed by District Judge Lawrence J. O'Neill on September 19, 2011. (Munoz, I) (Entered: 09/19/2011)

OPPOSITION by Fresno County to 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 . (Linden, Michael) (Entered: 09/19/2011)

DECLARATION of John Hagar in OPPOSITION TO 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 . (Linden, Michael) (Entered: 09/19/2011)

SERVICE BY MAIL: 68 Minute Order Served on Kevin Burke Briggs. (Munoz, I) (Entered: 09/19/2011)

ORDER RE: FURTHER BRIEFING signed by District Judge Lawrence J. O'Neill on September 20, 2011. Hearing set for 9/30/2011 at 01:00 PM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. NOTE: NEW TIME 1:00PM. (Munoz, I)

SERVICE BY MAIL: 71 Order served on Kevin Burke Briggs. (Munoz, I) (Entered: 09/20/2011)

MOTION to recuse District Court Judge by Fresno County. Motion Hearing set for 9/30/2011 at 01:00 PM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Linden, Michael) (Entered: 09/26/2011)

DECLARATION of John Hagar in SUPPORT OF 72 MOTION to recuse District Court Judge. (Linden, Michael) (Entered: 09/26/2011)

AFFIDAVIT re 72 MOTION to recuse District Court Judge Affidavit of Sheriff Margaret Mims by Fresno County. (Linden, Michael) (Entered: 09/26/2011)

REPLY by Fresno County Superior Court re 66 Opposition to Motion, 69 Opposition to Motion. Attorney Borchers, Stephanie Hamilton added. (Attachments: # 1 Declaration of Hon. M. Bruce Smith, # 2 Exhibit to Decl. of Hon. M. Bruce Smith, # 3 Declaration of Stephanie Hamilton Borchers, # 4 Exhibit to Decl. of Stephanie Hamilton Borchers)(Borchers, Stephanie) (Entered: 09/26/2011)

JOINDER by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox in. 93−05070 (Campbell, Catherine) (Entered: 09/26/2011)

ORDER to RECUSE, signed by District Judge Lawrence J. O'Neill on 9/27/11. Case reassigned to Chief Judge Anthony W. Ishii for all further proceedings; District Judge Lawrence J. O'Neill no longer assigned to case. The New Case Number is 1:93−cv−05070−AWI(PC). The September 30, 2011 hearing on the pending motion to intervene is VACATED. (Verduzco, M) (Entered: 09/28/2011)