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05-830 - Paul Madden, et al., v. Fisher, et al.,


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05-830 - Paul Madden, et al., v. Fisher, et al.,
July 13, 2005
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isoner.(Marciel, M)ORDER signed by Judge Gregory G. Hollows on 7/12/05. Plaintiff shall submit, w/in 30 days from date of Order, an Affidavit in support if Request to Proceed IFP on form provided. Clerk directed to send plaintiff an Application to Proceed IFP by a Pr
July 27, 2005
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ORDER signed by Judge Gregory G. Hollows on 7/26/05. A separate civil action is to opened for plaintiff Michael J. Brodheim. 5 Amended Complaint filed 5/23/05 is DISMISSED. Clerk directed to send each plaintiff a new form for filing a civil rights action and a new IFP Application. Plaintiffs' 6 8 9 13 Requests are VACATED as are those of defendants filed on 7/18/02 10 11. (Marciel, M)
October 27, 2005
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ORDER signed by Judge Gregory G. Hollows on 10/26/05. Dfts Perez, Blonien, and Welch must file their response to 8/4/05 amd cmp within 30 days. Clk is directed to issue and send pla 2 summonses and 6 copies of Consent to Proceed before a US Magistrate form with this order. Clk shall serve upon pla a copy of Local Rules of the Court.(Dotson, B)
January 23, 2006
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ORDER signed by Judge Gregory G. Hollows on 1/23/06 DENYING 20 Request for Order directing service upon dfts Schwarzenegger and Kenneally by USM, and GRANTING 20 Request for Extension of time to effect service upon dfts Schwarzenegger and Kenneally. Plaintiff must, w/in 60 days, serve process upon defendants Schwarzenegger and Kenneally. Plaintiff must serve dfts w/ a copy of the 10/27/05 order, summons, and 8/4/05 second amended complaint. Plaintiff must also include a copy of this order. The clerk is directed to re-issue and re-send plaintiff, two summons for Schwarzenegger and Kenneally. The clerk shall also send plaintiff one copy of the 8/4/05 second amended complaint, two copies of the Consent and a copy of the order filed on October 27, 2005 with this order.(Donati, J)
March 23, 2006
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ORDER signed by Judge Gregory G. Hollows on 3/22/06. 36 Discovery requests filed by Richard M. Gilman will be placed in the file and disregarded.(Dotson, B)
May 4, 2006
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ORDER signed by Judge Gregory G. Hollows on 5/3/06 ORDERING that plaintiff's 30 request to proceed IFP is GRANTED, but no filing fee is due, plaintiff having paid in full; service is appropriate as yet unserved defendants: Gov. Arnold Schwarzenegger and Dennis Kenneally; clerk shall send plaintiff 2 USM forms, one summons, and instruction sheet and a copy of the 8/4/05 second amended complaint and the notice of submission of documents to be completed and returned within 30 days from the date of this order. (Caspar, M) Modified on 5/4/2006 (Caspar, M).
May 4, 2006
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ORDER signed by Judge Gregory G. Hollows on 5/3/06 ORDERING that defendants' 4/5/06 41 motion for a protective order staying discovery as to defendants Perez and Welch is GRANTED, subject to a showing by plaintiff within 20 days of the filed date of this order; plaintiff's 4/17/06 42 motion for an extension of time to file his opposition to the 4/4/06 39 motion for summary judgment is GRANTED and plaintiff must file his opposition within 30 days of the filed date of this order; any reply to plaintiff's opposition will be due within 7 days of the filing and service dates. (Caspar, M)
June 23, 2006
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ORDER AND ORDER DIRECTING SERVICE BY THE USM without prepayment of costs signed by Judge Gregory G. Hollows on 6/23/06. The Clerk is directed to fwd the instructions for service of process, the completed summons, copies of the 8/4/05 second amended complaint and copies of this order to the USM. Within 10 days from the date of this order, the USM is directed to notify dfts Gov. Arnold Schwarzennegger and Dennis Kenneally of this action. Dfts shall reply to the 8/4/05 second amended complaint within the time provided by the applicable provisions of FRCP 12(a). The Clerk shall serve pltf w/a copy of the lr's of court. (Kastilahn, A)
July 26, 2006
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ORDER signed by Judge Gregory G. Hollows on 7/25/06 ORDERING that pltf's 27 "motion for summary judgment" is DISREGARDED as such, and construed, instead, as a motion to strike the jury trial demand from the answer of dfts Blonien, Perez and Welch; as construed, pltf's motion is GRANTED and dfts' demand for a jury trial is STRICKEN from their answer; pltf's 37 motion to substitute a party is GRANTED, Susan Fisher added, M. Perez terminated. Motions terminated.(Yin, K)
January 30, 2007
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ORDER signed by Magistrate Judge Gregory G. Hollows on 1/29/07. Plaintiff's Motion for Continuance of defendants' 39 MOTION for SUMMARY JUDGMENT is GRANTED and the stay of plaintiff's discovery requests upon defendants Fisher and Welch is LIFTED. Defendants' Motion for Summary Judgment is VACATED from Court's calendar. Defendants Fisher and Welch directed to produce plaintiff, w/in 30 days, only the specific pages of decision portion of parole consideration hearing. Clerk to note in docket that case caption of matter be modified and "Gilman v Perez, et al".(Marciel, M) Modified on 3/28/2007 (Marciel, M).
March 7, 2007
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ORDER signed by Judge Lawrence K. Karlton on 3/6/07 ORDERING that, upon reconsideration, the order of the magistrate judge filed 1/30/07 66 is AFFIRMED and Dfts' 2/13/07 motion for a stay of discovery 67 is DENIED. (Engbretson, K.)
March 28, 2007
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ORDER signed by Judge Gregory G. Hollows on 3/28/07 ORDERING that 73 Ex Parte Application is DISREGARDED as Moot and Clarifying the Protective order re: 68 Motion to Clarify. (Donati, J)
April 6, 2007
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ORDER signed by Judge Gregory G. Hollows on 4/6/07 ORDERING that defendants will produce only the specific pages of the decision portion of parole consideration hearing transcripts. Defense counsel has agreed that any argument that this production does not constitutre a sufficient representative sample is waived. Defendants must produce and make available to plaintiff the transcripts, as set forth in this order, within 30 days of the filed date of this order. Upon service of the transcripts and re-notice of the summary judgment motion, plaintiff will have 30 days to review the production and to file an opposition or supplemental opposition. Transcripts will be stored in a secure location at the prison, preferably in the senior librarian's office in the prison law library. Plaintiff will have full access to the transcripts, but he will only have access while he is in the prison law library. The defendants are to ascertain that plaintiff is GRANTED the most latitude possible to be in the law library to review the records. Defendants will have 15 days, following service of any supplemental opposition by plaintiff to their dispositive motion, to file a reply. Re 71 Motion for Protective Order, 75 Motion to Compel Discovery and 76 Motion for Sanctions. (Donati, J) Modified on 2/26/2008 (Donati, J).
June 19, 2007
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ORDER signed by Judge Gregory G. Hollows on 6/19/07 re 95 MOTION for EXTENSION of time is DENIED as MOOT. Plaintiff to file his supplemental opposition and cross-motion for summary judgment on or before July 9, 2007. (Cayo, A)
August 14, 2007
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ORDER signed by Judge Gregory G. Hollows on 8/13/2007 ORDERING 106 Dfts 8/6/2007 Motion to Vacate the 9/28/2007 Pretrial Conference and 12/11/2007 trial dates set in the 1/23/2007 Scheduling order is GRANTED 65. The dates for the pretrial conference, for filing pretrial statements, and for a jury trial will be re-set, if appropriate, upon adjudication of the pending dispositive motions. (Reader, L)
September 5, 2007
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ORDER signed by Judge Gregory G. Hollows on 9/5/07 partially GRANTING 114 Request for extension of time. Plaintiff is GRANTED 20 days from this date of this order to file his reply. There will be no further extension. (Anderson, J)
September 12, 2007
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ORDER signed by Judge Lawrence K. Karlton on 09/11/07 ORDERING that upon reconsideration, 109 Order by Magistrate Judge is AFFIRMED. (Benson, A)
September 20, 2007
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ORDER signed by Judge Gregory G. Hollows on 9/20/07 DENYING 118 MOTION to APPOINT COUNSEL. (Anderson, J)
March 7, 2008
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/7/08 ORDERING that plaintiff's 115 motion for a thirty-day extension of timeto file a reply to defendants' opposition to plaintiff's (cross-) motion for summary judgment is DISREGARDED in light of the court's recommendation that the cross-motion be denied. Plaintiff's 89 motion, for a continuance of the renoticed motion for summary judgment brought by defendants Blonien, Fisher, Welch and Kenneally is DENIED. Plaintiff's 82 "motion to determine sufficiency of objections," construed as a motion to compel discovery, is DENIED as moot. Plaintiff's 83 motion to compel discovery, filed on April 23, 2007 is DENIED. Plaintiff's 84 motion to compel discovery is DENIED as moot. It is RECOMMENDED that the 39 motion for summary judgment, filed on April 4, 2006, and renoticed on May 4, 2007 85 by defendants Blonien, Welch and Perez (now Fisher), in which defendant Kenneally joined on May 25, 2007 87 be denied. Defendant Schwarzenegger's 92 motion for summary judgment, filed on June 7,2007, be denied. Plaintiff's 101 (cross-) motion for summary judgment be denied. This matter be set for a bench trial. Objections due within 20 days after being served with these findings and recommendations. Any reply to the objections due within ten days after service of the objections. (Duong, D) Modified on 3/11/2008 (Duong, D).
March 31, 2008
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ORDER ADOPTING in FULL 124 FINDINGS and RECOMMENDATIONS, signed by Senior Judge Lawrence K. Karlton on 3/31/08. Motion 39 for summary judgment filed on 4/4/06 and renoticed on 5/4/07 85 by dfts Blonien, Welch and Perez (now Fisher), in which dft Kenneally joined on 5/25/07 87 is DENIED. Dft Schwarzenegger's motion 92 for summary judgment is DENIED. Pltf's cross-motion 101 for summary judgment is DENIED. This matter will be set for bench trial. (Kastilahn, A)
April 3, 2008
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FURTHER SCHEDULING ORDER signed by Magistrate Judge Gregory G. Hollows on 4/3/08. Plaintiff shall file and serve his Pretrial Statement and any Motions necessary to obtain attendance of witnesses on or before 6/6/08. Defendants shall file their Pretrial Statement or or before 6/20/08. Pretrial Conference set for 6/27/08 before Magistrate Judge Hollows and shall be conducted on file ONLY. The dates for Trial Confirmation Hearing and Bench Trial will be set in Pretrial Order. (Marciel, M)
May 27, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 5/27/2008 re 130 Request for Clarification filed by Richard M. Gilman.(Matson, R)
June 2, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 06/02/08 GRANTING 133 Motion to Appoint Counsel; Appointed Carter C. White and David M. Porter for Richard M. Gilman; the Clerk shall make available to counsel a copy of the file; counsel shall submit all deposition transcript costs for payment; the court's 04/03/08 127 further scheduling order, including the requirements for filing pretrial orders, is VACATED. Status Conference set for 6/12/2008 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.(Manzer, C)
June 6, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/3/08 ORDERING that M. Hochino take the place of Dft Kenneally and J. Davis take the place of Dft Fisher. Dfts Kenneally and Fisher are hereby DISMISSED from this action. (Engbretson, K.)
June 20, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/20/08 ORDERING that if plaintiff elects to proceed upon an amended complaint, plaintiff must file a third amended complaint within thirty days. Should plaintiff name additional defendants, as plaintiffs counsel anticipates, counsel is responsible for serving the third amended complaint upon any newly named defendants.(Kastilahn, A)
July 22, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/21/08 GRANTING plaintiff 60 days, up to and including 9/22/08 to file a third amended complaint.(Becknal, R)
September 25, 2008
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STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 09/25/08 GRANTING pltf an additional 14 days up to and including 10/06/08 to file a third amended complaint. (Manzer, C)
October 16, 2008
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STIPULATION and ORDER 144 to consider the third amended complaint as timely filed, signed by Magistrate Judge Gregory G. Hollows on 10/16/08. (Kastilahn, A)
December 8, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 12/8/08 ORDERING the the Court's order filed November 20, 2008 149 is VACATED. Plaintiffs shall file their motion for leave and for class certification on or before December 12, 2008. (Becknal, R)
December 23, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 12/23/08 ORDERING that the hearings on motions 154,155and 157 are CONTINUED to January 30, 2009 at 10 AM. Oppositions or statements of non-opposition SHALL be filed not later than January 5, 2009. Replies, if any, SHALL be filed not later than January 12, 2009; The referral of discovery to the magistrate judge remains in effect. All law and motion practice shall be set for hearing before the undersigned. The parties shall refer to the case in future filings as No. Civ. 2:05-cv-00830 LKK/GGH, dropping the P designation at the end.(Becknal, R)
January 5, 2009
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STIPULATION and ORDER re 159 signed by Senior Judge Lawrence K. Karlton on 1/5/09. Responses to Motion to Amend Complaint 154, Motion for Class Certification 155, and Motion for Prelim Injunction 157 are DUE by 1/9/09. Reply briefs, if any, are DUE by 1/16/09.(Kastilahn, A)
February 25, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 2/25/09 ORDERING that pursuant to the request of plaintiffs, and good cause appearing therefor, plaintiffs shall file their motion for leave and for class certification on or before December 15, 2008. (Becknal, R)
March 4, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/4/2009 GRANTING plaintiffs' 155 Motion for Class Certification. (Marciel, M)
March 4, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/4/2009 DENYING defendants' 162 Motion to Strike Third Amended Complaint and GRANTING plaintiffs' 154 Motion for Leave to file a Fourth Amended /Supplemental Complaint. (Marciel, M)
March 20, 2009
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STIPULATION and ORDER 185 signed by Senior Judge Lawrence K. Karlton on 03/19/09 ORDERING that the time for Dfts to respond to Pltfs' fourth amended complaint is extended to 3/30/09. (Engbretson, K.)
July 8, 2009
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STIPULATION and ORDER 198 for extension of time signed by Senior Judge Lawrence K. Karlton on 7/8/2009. The time for service of Fourth Amended/Supplemental Complaint on all defendants is EXTENDED to and including 8/3/2009. (Marciel, M)
August 11, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 08/11/09 ORDERING the parties to submit briefing not to exceed 15 pages regarding the effect of the Ninth Circuit's grant of permission on this court's jurisdiction over this case, and regarding the effect of that decision on the motions currently under submission. Such additional briefing shall be filed w/i 15 court days of the date of this order. The court further grants the 202 parties' stipulation of 08/05/09. Service of process of the Fourth Amended/Supplemental Complaint on behalf of the Commissioners and Deputy Commissioners in their official capacities has been completed, and responsive pleading by those dfts to the Fourth Amended/Supplemental Complaint shall be filed w/i 20 days from the Court's ruling on dft's motion to dismiss. (Benson, A.)
October 15, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 10/15/2009 ORDERING; 208 Motion to Stay is GRANTED in part as to 200 201 Motions to Intervene. In all other respects, the motion to stay is DENIED WITHOUT PREJUDICE. The parties may commence with discovery and other proceedings relevant to the claims of the named plaintiffs. (Suttles, J) Modified on 10/15/2009 (Manzer, C).
January 12, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 01/11/10 ordering that the hearing on plaintiff's motion to compel discovery responses and to strike objections 213 is rescheduled to Thursday 01/28/10 at 10:00 a.m. (Plummer, M) Modified on 1/12/2010 (Plummer, M). Modified on 1/13/2010 (Plummer, M).
February 4, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 02/04/10 ORDERING that plfs' 157 Motion for Preliminary Injunction is GRANTED as to the named plfs. Defendants and their agents are ENJOINED from enforcing the provisions of Proposition 9 that amend former California Penal Code section 3041.5(b)(2)(A) as to the named plaintiffs. Dfts' 164 Motion to Strike is DENIED; dfts' 187 Motion to Dismiss is GRANTED IN PART. Plaintiffs' substantive due process challenge to Proposition 9 is DISMISSED W/O PREJUDICE. Defendants' motion to dismiss is DENIED as to plfs' Ex Post Facto challenge to Proposition 9. As explained in the concurrently filed order, dfts' motion to dismiss is also DENIED as to plfs' ninth claim, challenging Cal. Const. Art. V, § 8(b). (Benson, A.)
February 4, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 02/04/10 ORDERING that 187 dfts' motion to dismiss is DENIED as to plfs' ninth claim. As explained in the courts concurrently-filed order, dfts' motion to dismiss is GRANTED IN PART as to plfs' eighth claim, which challenges Proposition 9 of 2008. (Benson, A.)
February 8, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 2/8/10 and stipulated between the parties RESETTING the Motion to Compel Hearing for 3/4/2010 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Yin, K)
March 3, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/3/2010 DENYING without prejudice 229 Ex Parte Application to shorten time filed by Arnold Schwarzenegger. Defendants may either re-notice the motion for a stay for 4/5/2010 or file renewed application to shorten time explaining why a hearing on 4/5/2010 will be inadequate. (Waggoner, D)
March 5, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 03/04/10 ordering defendants are to produce in electronic form, within 30 days, parole hearing transcripts for 50% of the 6200 lifer inmates on defendants' list referenced at hearing, beginning with no. 1, and producing the transcript thereafter for every other inmate on the list (in other words, producing the transcript for those inmates on the list whose list number would be 1, 3, 5,7, et seq); in addition, defendants are to produce the list of 6200 inmates itself to plaintiffs within the same time period. No later than 03/15/10, the parties must file a joint supplemental statement setting forth an agreed statistically reasonable percentage of "lifer packets" to be produced by defendants, or their positions regarding such. (Plummer, M)
March 22, 2010
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STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 3/22/2010 and agreed between the parties to EXTEND TIME for the parties to respond to the 3/5/2010 court's order. (Yin, K)
April 7, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 4/7/10: The order of February 4, 2010, granting a preliminary injunction is STAYED SOLELY AS TO PLAINTIFF GILMAN. The injunction remains in effect as to plaintiffs OLSON and FOWLER 217. All motions to intervene and/or for permissive joinder are STAYED pending resolution of the appeal of class certification. These include: 222 Stephen Liebb), 223 (Edward S. Renteria), 224 (David Monroe), 225 (Felix Lucero), 227 (Noel Valdivia, Sr., 233(Clement Brown), 241 (Richard Gonzales), 244 (Reginald Cooper), 251 (Kenneth Scott Rodgers), 253 (Keith Augustine). (Kaminski, H)
June 29, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/28/2010 ORDERING that pltf's 213 motion to compel discovery responses is VACATED w/out prejudice. (Yin, K)
July 8, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 7/8/2010 ORDERING the MOTION HEARING as to 259 MOTION for PRELIMINARY INJUNCTION to Expand Preliminary Injunction to Entire Class is continued to 8/9/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Matson, R)
September 15, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 9/15/2010 ORDERING the motions to intervene filed by the following people are denied: Michael L. Hughes, ECF No. 200; Raymond Scott, ECF No. 201; Stephen Liebb, ECF No. 222; Edward S. Renteria, ECF No. 223; David Monroe, ECF No. 224; Felix Lucero, ECF No. 225; Noel Valdivia, ECF No. 227; Clement Brown, ECF No. 233; Richard Gonzalez, ECF No. 241; Stephen Eric Walker, ECF No. 244; Kenneth Scott Rodgers, ECF No. 251; Keith Augustine, ECF No. 253; George Bubier, ECF No. 255;David Scott Curtis, ECF No. 266; Stephen Eric Walker, ECF No. 268; and John Laponte, ECF No. 269. The Clerk is instructed to serve a copy of this order upon the sixteen individuals named above at the addresses listed in their motions. (Matson, R)
September 23, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 9/22/2010 DENYING 271 Motion for permissive joinder filed by Dennis J. Peddy. The Clerk of Court is instructed to serve a copy of this order upon Dennis J. Peddy at the address listed in his motion. (cc: D.J.Peddy/CSP-Solano). (Reader, L)
September 23, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 9/22/2010 DENYING 272 Motion for permissive joinder filed by Russell A. Bowden. The Clerk of Court is instructed to serve a copy of this order upon Russel A. Bowden, Edwin D. McMillan, Donnie Holland, Aaron Sprague, Henry Murray, Charles Wiseman, Abraham Glasper, Edward Jones, Richard Smith, Jesse Pena and Mark A. Ballou, at the addresses listed in their motion. (cc: listed parties/CSATF-Corcoran) (Reader, L)
September 28, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 09/27/10 DENYING 273 Motion for Permissive Joinder by Jeffrey P. Perrotte. (Williams, D)
October 1, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 10/1/10 ORDERING that the MOTION for permissive joinder, ECF 277 is DENIED. The Clerk is instructed to serve a copy of this order upon Phillip Adams at the address listed in his motion. (Mena-Sanchez, L)
November 10, 2010
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STANDING 251 STIPULATED ORDER signed by Judge Gregory G. Hollows on 11/10/2010. (Marciel, M)
December 9, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 12/9/10 ORDERING that Pltf's 279 Motion to Compel is GRANTED pursuant to a modified protective order to be submitted. Deft's are to submit, within 7 days, a protective order that complies with the court's modifications. Once submitted as directed, the court will approve the proposed protective order. Defts will have 14 days to produce the subject discovery documents. (Owen, K)
December 10, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 12/9/10, ORDERING that the hearing on 284 the Motion for Preliminary Injunction To Entire Class, and 286 the Motion to Amend Order Granting Class Certification is CONT'D from 12/20/10 tor 1/12/2011 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kastilahn, A)
December 10, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 12/10/10 DENYING the 291 Motion for Permissive Joinder. Clerk directed to serve a copy of this order on Ivan Von Staich at address listed in his motion. (Owen, K)
December 16, 2010
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STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 12/15/2010 ORDERING that Dfts may file supplemental oppositions to the motion for preliminary injunction and the motion to amend the order granting class certification by 12/29/2010. Pltf's may file their replies regarding the preliminary injunction motion and the motion to amend by 1/5/2011. (Zignago, K.)
December 23, 2010
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PROTECTIVE ORDER signed by Magistrate Judge Gregory G. Hollows on 12/22/10. (See order for further details)(Plummer, M)
January 7, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 1/7/11 ORDERING Plaintiffs submitted a report titled "April 2010 Special Stipulation Report #3 Excerpt" in support of their motion for a preliminary injunction. See Exh. 20 filed in support of Motion for Preliminary Injunction. This report contains information concerning 444 parole cases whose parole hearing dates were modified in lightof a settlement in a state court case. These cases appear to be sorted first by institution and second by CDC number. The court is unable to manipulate the data because it is in a scanned file. For the foregoing reasons, the court instructs plaintiffs to file by noon on Monday, January 10, 2011 a document that sorts the data in the following manner: ( see: page 2 ) Defendants may notify the court of any errors in plaintiffs' calculations in writing by 9:00 a.m on Wednesday, January 12, 2011. Defendants are not invited to submit supplemental briefing as to the significance of this data. (Becknal, R)
January 10, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 1/7/2011 re 305 ORDERING that Exhibits 31 and 32 to the Reply to Defendants Opposition for PreliminaryInjunction to Entire Class be filed under seal.(Duong, D)
January 21, 2011
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STIPULATION and ORDER REGARDING PRODUCTION OF DOCUMENTS signed by Magistrate Judge Gregory G. Hollows on 1/20/2011 ORDERING that by 2/7/2011, Dfts will produce the documents described in the Requests Numbers 1, 2, and 3, in the 12/23/2010 Request for Production of Documents, and by 2/7/2011, Dfts will produce the documents in Request Number 4 in the 8/18/2010 Request for Production of Documents, which shall be produced as "confidential" material subject to the provisions of the 301 Protective Order. (Zignago, K.)
March 2, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/1/11 ORDERING a status conference was held in chambers on 2/28/11. After hearing, the court orders a further Status Conference set for 9/6/11 at 02:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Becknal, R)
April 11, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 4/8/11 ORDERING the summaries previously identified as exhibits 43-48 shall not be admitted. The packets of parole suitability information are admitted and assigned the following exhibit numbers: James Alexander (#43), Na Her (#44), Joel Kyne (#45), Daniel Rees (#46), Frank Salas (# 47), and Edward Sanders (#48); pltfs summary chart identified as exhibit #59 is admitted; the parole suitability packet involving Henry Bratton shall be added to exhibit 63 and the packet involving Billy Counts shall be added to exhibit 64. (Carlos, K)
April 14, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 04/13/11 ORDERING that plfs' 333 Motion to Seal Documents is GRANTED as to pages BPH 75-3555. Clerk to file and maintain these documents UNDER SEAL indefinitely, permitting access only to officers and employees of the court, and court reporters where disclosure is necessary. The Motion is DENIED as to pages BPH 1-69. Excerpts from these pages shall be filed in the public docket as Exhibits 38 to 42. (Benson, A.)
April 25, 2011
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ORDER 339 amending definitions of Certified Class signed by Senior Judge Lawrence K. Karlton on 4/22/2011. As to Claim 8, class is defined as "all California state prisoners who have been sentenced to life term with possibility of parole for an offense that occurred before 11/4/2008." As to Claim 9, class is defined as "all California state prisoners who have been sentenced to life term with possibility of parole for offense that occurred before 11/8/1988." As to all other claims, class is defined as "all California state prisoners who have been sentenced to life term with possibility of parole and have reached eligibility for parole consideration hearing." (Marciel, M)
June 16, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 06/16/11 ORDERING that the deadline for plf's post-hearing brief is EXTENDED to 06/27/11; dft's deadline for their post-hearing brief is EXTENDED to 06/27/11. (Benson, A.)
June 27, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 6/27/11 ORDERING that Pursuant to the request of Plaintiffs, and good cause appearing therefor, the deadline for the filing of all parties' post-hearing briefs is extended to July 5, 2011. (Becknal, R)
July 25, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 7/22/2011 ORDERING that the parties are ORDERED TO SHOW CAUSE why a statistical expert witness or witnesses should not be appointed to analyze the issues discussed above within thirty (30) days. The parties are FURTHER ORDERED TO SHOW CAUSE as to why, if the court appoints an expert or experts, it should not apportion half of the expert costs to plaintiffs and half to defendants within thirty (30) days. The parties are FURTHER ORDERED to either stipulate to an expert witness or witnesses or to each provide the court with three nominations for such a witness or witnesses within thirty (30) days. (Duong, D)
August 17, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/16/2011 ORDERING 360 The motion for permissive joinder, is DENIED; and The Clerk of Court is instructed to serve a copy of this order upon Darrel King and Timothy Leang Jones at the address listed in his motion. (cc: USPS, D.King and T.L.Jones @ KVSP) (Reader, L)
August 31, 2011
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ORDER signed by Judge Lawrence K. Karlton on 8/31/2011 ORDERING Professor Berk is APPOINTED as neutral expert witness; Professor Berk shall be compensated at the rate of $250 per hour and shall submit quarterly itemized bills to the court; the court will file the bills and provide the parties with 14 days to object; the court will then direct payment of the bill in full, or in part; plaintiffs shall submit to the court w/i 14 days of this order an electronic version of all data described above; they must also serve a copy of such data upon defendants; the 9/6/2011 status conference in this case is VACATED. (Waggoner, D)
September 2, 2011
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ORDER signed by Judge Lawrence K. Karlton on 9/1/11 ORDERING that Mr. King and Mr. Jones' Motion for Reconsideration and Requeest for an Interlocutory appeal 364 is DENIED. The Clerk is instructed to serve this order upon Mr. King and Mr. Jones at the address listed on the Motion. (Mena-Sanchez, L)
September 27, 2011
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ORDER signed by Judge Lawrence K. Karlton on 9/26/2011 ORDERING that the Court's 370 Order granting Pltfs three additional weeks to submit the Rutherford data, is VACATED. Within 7 days, Pltfs shall submit to the Court a disk containing the evidence presented at the evidentiary hearing. Pltfs are not required to submit the raw Rutherford data. (Zignago, K.)
October 3, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 09/30/11 ordering plaintiff's motion for production of documents in response to request for production No. 3 of plaintiff's requests for production of documents, set 3 filed on 09/08/11 367 is granted as set forth below. (See order for further details) (Plummer, M)
October 31, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/28/11 ordering that defendants' 10/26/11 Motion for redaction of certain information from the Executive Case Summaries, previously ordered produced subject to a protective order 378 is denied except insofar as the court has ordered additional protection above. (Plummer, M)
November 30, 2011
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ORDER signed by Judge Lawrence K. Karlton on 11/30/2011. Court is in receipt of Report by Professor Richard Berk, which is ordered filed herewith. Parties are GRANTED 20 days to file such Supplemental Briefs as they believe are justified by virtue of the Report. Thereafter, the matter will stand SUBMITTED. (Attachments: # (1) Report on Statistical Analyses) (Marciel, M)
December 5, 2011
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ORDER signed by Judge Lawrence K. Karlton on 12/5/2011 DENYING 386 Joinder filed by Karimi Sutton. (cc: Karimi Sutton) (Michel, G)
February 16, 2012
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 2/16/12 GRANTING 394 Motion for Leave to File an Amended Answer. Counsel for defendants is directed to file the amended answer submitted with the 1/11/12 motion. (Manzer, C)
March 21, 2012
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ORDER signed by Judge Lawrence K. Karlton on 3/20/2012 ORDERING defendants SHALL file a reply to plaintiffs' response brief no later than 14 days from the issuance of this order.(Reader, L)
April 5, 2012
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 4/4/12 ORDERING that Defendants' MOTION 404 for JUDGMENT on the pleadings hearing is CONTINUED from 4/30/12 to 5/21/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Plaintiffs opposition shall be filed on or before 4/30/12, and Defendants reply, if any, shall be filed on or before 5/14/12.(Mena-Sanchez, L)
April 5, 2012
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Sanchez, L)ORDER signed by Judge Lawrence K. Karlton on 4/4/12 ORDERING that Plaintiff's MOTION for a Preliminary Injunction 284 is DENIED. A Status Conference is SET for 4/30/2012 at 03:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Mena-
April 6, 2012
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ORDER signed by Judge Lawrence K. Karlton on 4/5/2012 GRANTING 410 Request for Permission to Contact Statistical Expert Richard Berk. (Michel, G)
April 12, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 4/11/12 ORDERING that Plaintiffs 412 request for modification of the discovery order at docket 377 is DENIED insofar as plaintiffs seek an order requiring production of Executive Case Summaries for the period for which Decision Face Sheets have been produced, but defendants are hereby directed to provide a spreadsheet that provides each inmates name, correctional identification number and parole release date from the Executive Case Summaries for all convicted murderers within the subclass granted parole by the BPH from January 1, 2009 to August 31, 2011; and The spreadsheet identifying inmates and their parole release dates must be produced to plaintiffs by no later than April 19, 2012, and must be submitted with a declaration under penalty of perjury attesting to its accuracy and completeness.(Dillon, M)
May 31, 2012
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ORDER signed by Judge Lawrence K. Karlton on 5/30/2012 GRANTING 404 Motion for Judgment on the Pleadings with respect to claims 2, 4, 5, and 7; DENYING 404 Motion for Judgment on the Pleadings with respect to all remaining claims. (Michel, G)
August 27, 2012
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ORDER signed by Judge Lawrence K. Karlton on 8/27/12 ORDERING that 433 the application for an order shortening time is GRANTED. Defendants reply to plaintiffs' 432 Motion for Leave to File the Fifth Amendment Complaint is due no later than 8/28/2012 at 4:30 p.m. Plaintiffs reply, if any, is due no later than 8/31/2012 at 4:30 p.m.. The motion for leave to amend is now SCHEDULED to be heard on 9/4/2012 at 10:00 a.m. on the court's regular Law & Motion Calendar. The cross-motions for summary judgment, the request to seal, and defendants' motion to decertify (Dkt. Nos. 425, 426 & 428), are REMOVED from the 9/4/2012 Law & Motion Calendar; and are SPECIALLY SET to be heard on 9/14/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Replies to those motions, if any, shall be filed no later than 8/31/2012 at 4:30 p.m. (Kastilahn, A)
September 7, 2012
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ORDER signed by Judge Lawrence K. Karlton on 9/6/2012 GRANTING 426 Motion to De-Certify the Class for Claims 1, 3 and 6; DENYING 432 Motion for leave to file a Fifth Amended Complaint. (Michel, G)
February 26, 2013
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 2/25/2013 ORDERING that the 459 Pretrial Conference Order [Tentative] is AMENDED to provide that the parties shall exchange copies of exhibits on or before 3/4/2013. (Zignago, K.)
March 6, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/5/2013 ORDERING in limine Motions Hearing RESET for 5/13/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; Trial RESET for 6/25/2013 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Waggoner, D)
April 26, 2013
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gment and Preliminary Injunction under seal indefinitely. (Zignago, K.)ORDER signed by Judge Lawrence K. Karlton on 4/26/2013 ORDERING that the unopposed request to file documents under seal is GRANTED. The Clerk of the Court is directed to file and maintain Exhibits 1 and 5 to Plaintiffs' Motion for Summary Jud
April 26, 2013
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ORDER signed by Judge Lawrence K. Karlton on 4/26/2013 ORDERING that the unopposed request to file documents under seal is GRANTED. The Clerk of the Court is directed to file and maintain Exhibit 14 to Plaintiffs' Reply to Opposition to Motion for Summary Judgment (BPH 6145 to BPH 21171) under seal indefinitely. (Zignago, K.)
May 7, 2013
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ORDER signed by Judge Lawrence K. Karlton on 5/6/13 DENYING 428 Motion for Summary Judgment; DENYING 425 Motion for Summary Judgment; and DENYING 426 Motion to Decertify the Remaining Classes. Motions to Opt Out of Class Action 450 and 474 are GRANTED. All currently scheduled dates in this matter are CONFIRMED. (Meuleman, A) Modified on 5/9/2013 (Rivas, A).
May 17, 2013
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ORDER signed by Judge Lawrence K. Karlton on 5/16/13 DENYING 482 Application for Reconsideration. Plaintiffs are cautioned that they must comply with the Local Rules of this court, including those dealing with noticed motions and ex parte applications. (Meuleman, A)
May 23, 2013
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ORDER signed by Judge Lawrence K. Karlton on 5/23/2013 DENYING WITH PREJUDICE 486 Motion for Reconsideration; VACATING the Motion Hearing as to 486 Motion for Reconsideration set for 6/17/2013. (Michel, G)
June 19, 2013
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ORDER signed by Judge Lawrence K. Karlton on 6/19/2013 GRANTING 495 Motion to Continue Trial. Trial is CONTINUED TO 6/26/2013 at 09:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Donati, J)
February 28, 2014
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ORDER signed by Judge Lawrence K. Karlton on 2/27/14: Going forward, the Board shall apply Cal. Penal Code § 3041.5, as it existed prior to Proposition 9, to all class members. That is, all class members are entitled to a parole hearing annually, unless the Board finds, under former Section 3041.5(b) that a longer deferral period is warranted. The Governor of California shall refrain from imposing longer sentences on class members than are called for by application of the same factors the Board is required to consider, as provided for by Proposition 89.43 This order is stayed for 31 days, and goes into effect immediately thereafter, unless a timely appeal is filed. (Kaminski, H)
March 11, 2014
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ORDER signed by Judge Lawrence K. Karlton on 3/10/2014 DENYING plaintiffs' 534 Motion to Alter or Amend 533 Judgment and the hearing on this Motion, set for 4/7/2014, is VACATED. (Marciel, M)
March 26, 2014
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ORDER signed by Judge Lawrence K. Karlton on 3/25/2014 ORDERING that the Clerk of the Court shall STRIKE 537 Motion and shall not file in this action any further documents submitted by an inmate proceeding pro se. All documents bearing the above-captioned case name and/or number which are submitted to the Clerk of the Court by an inmate proceeding pro se shall be returned to the inmate with a copy of this order. (Zignago, K.)
April 30, 2014
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ORDER signed by Judge Lawrence K. Karlton on 4/29/2014 VACATING the 5/5/2014 542 Motion for Attorney Fees hearing and taking the matter under submission. (Donati, J)
May 13, 2014
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ORDER signed by Judge Lawrence K. Karlton on 5/12/14 ORDERING that the 547 Motion to Enforce Judgment is taken under submission and the 5/19/14 hearing is VACATED. (Manzer, C)
July 23, 2014
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ORDER signed by Judge Lawrence K. Karlton on 7/22/2014 GRANTING 547 Plaintiffs' Motion to Enforce Judgment; and that portion of the court's order and judgment 532, 533, that issued a stay pending appeal is herebyVACATED, effective 21 days from the date of this order, so that a stay may be sought from the Ninth Circuit. (Reader, L)
July 28, 2014
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ORDER signed by Judge Lawrence K. Karlton on 7/25/2014 GRANTING IN PART the 542 Motion for Attorney Fees; ORDERING the defendants to pay the plaintiffs' counsel such fees in the total amount of $34,201.56; DENYING the defendants' Request for Stay of Payment without prejudice to its renewal under F.R.Cv.P. Rule 61(d), or pursuant to a motion otherwise explaining their entitlement to a stay. (Michel, G)
August 5, 2014
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ORDER signed by Judge Lawrence K. Karlton on 8/5/2014 ORDERING 557 defendants application for an Order ShorteningTime is DENIED; and defendants' 558 Motion for Reconsideration is DENIED. (Waggoner, D)
September 22, 2016
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ORDER signed by District Judge Morrison C. England, Jr on 9/21/16 ORDERING that the Court finds that the rights of the class members survive Mr. Gilman's death, this action does not abate, but proceeds in favor of the remaining plaintiff class members. Therefore, Plaintiffs' request that class member PAUL MADDEN be substituted as Plaintiffs' named plaintiff representative is GRANTED. The Clerk is directed to change the caption of this action to Paul Madden, et al. v. Edmund G. Brown, et al., (Becknal, R)
May 9, 2017
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ORDER signed by District Judge Morrison C. England, Jr., on 5/9/17 ORDERING that the judgment entered on 2/28/2014, is VACATED, and the Clerk is directed to enter judgment for the State of California. CASE CLOSED (Kastilahn, A)