Salvador Lopez #998452 Washington State Reformatory P.O. Box 777 Monroe, Washington 98272-0777
Appearing pro se

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

SALVADOR LOPEZ 998452, CORTEZ )

SANCHEZ 991415, GUILLERMO

)

MONDRAGON 702922, FRANCISCO

)

MORALES 700908, JOSE CARRANZA )

978610, MIGUEL ESPINOZA 701861,)

ARTURO HERNANDEZ GOMEZ 702068, )

ALFONSO JIMENEZ 967828,

)

)

Plaintiffs,

)

)

-vs-

)

)

CHASE RIVELAND, Secretary,

)

JAMES SPAULDING, Director,

)

KEN DUCHARME, Warden,

)

)

Defendants.

)

)

--------------)

Case No. CIVIL RIGHTS COMPLAINT

Class Action Civil Rights Complaint with Jury Demand

1. This civil rights action is submitted by the named

plaintiffs pursuant to 42 U.S.C. § 1983. The plaintiffs are

state prisoners housed at the Washington State Reformatory

in Monroe. They are seeking a declaratory jUdgment and in-

junctive relief (no damages) for a violation of their Const-

itutional rights by the defendants, each of whom were acting

under the color and authority of state law. The plaintiffs

seek class certification and request a trial by jury.

CIVIL RIGHTS COMPLAINT

PAGE 1

Jurisdiction

2. The instant complaint is submitted under 42 U.S.C. § 1983. This Court has jurisdiction pursuant to 28 U.S.C. §

1343. Plaintiffs further invoke the pendent jurisdiction of this Court.

Class Certification 3. This class action suit is brought on behalf of pre-

sent and future Hispanic inmates confined in all Washington State prisons who do not read, write, speak, or understand

the English language. Class certification is proper because granting the relief requested to plaintiffs would be appli-

cable to all other members of the class, the questions of

fact are common to every member of the class, and the defen-

dants are relating to each member of the class as a group.

Parties

A. The Individual Plaintiffs

4. Plaintiff Salvador Lopez #998452 (Box 777, Monroe,

WA 98272-0777) is a Hispanic prisoner presently incarcerated in the Washington State Reformatory at Monroe, where he has been serving a sentence for the state of Washington during the period the events herein described took place. He does not speak, read, write or understands the English language.
5. Plaintiff Cortez Sanchez #991415 (Box 777, Monroe, WA 98272-0777) is a Hispanic prisoner presently incarcerated in the Washington State Reformatory at Monroe, where he has been serving a sentence for the state of Washington during the period the events herein described took place. He does

CIVIL RIGHTS COMPLAINT

PAGE 2

not speak, read, write or understand the English language. 6. Plaintiff Guillermo Mondragon #702922 (PO Box 777,
Monroe, WA 98272-0777) is a Hispanic prisoner presently incarcerated in the Washington State Reformatory at Monroe, where he has been serving a sentence for the state of Washington during the period the events herein described took place. He doesn't speak, read, write or understand the English language.
7. Plaintiff Francisco Morales #700908 (P.O. Box 777, Monroe, WA 98272-0777) is a Hispanic prisoner presently incarcerated in the Washington State Reformatory at Monroe, where he has been serving a sentence for the state of Washington during the period the events herein described took place. He doesn't speak, read, write or understand the English language.
8. plaintiff Jose Carranza #978610 (P.O. Box 777, Monroe, WA 98272-0777) is a Hispanic prisoner presently incarcerated in the Washington State Reformatory at Monroe, where he has been serving a sentence for the state of Washington during the time the events herein described took place. He does not speak, read, write or understand the English language.
9. Plaintiff Miguel Espinoza #701861 (Box 777, Monroe, WA 98272-0777) is a Hispanic prisoner presently incarcerated in the washington state Reformatory at Monroe, where he has been serving a sentence for the state of Washington during the time the events herein described took place. He doesn't

CIVIL RIGHTS COMPLAINT

PAGE 3

speak, read, write or understand the English language. 10. Plaintiff Arturo Hernandez Gomez #702068 (Box 777,
Monroe, WA 98272-0777) is a Hispanic prisoner presently incarcerated in the Washington State Reformatory at Monroe, where he has been serving a sentence for the state of Washington during the period of time the events herein described took place. He doesn't speak, read, write or understand the English language.
11. Plaintiff Alfonso Jimenez 967828 (Box 777, Monroe, WA 98272-0777) is a Hispanic prisoner presently incarcerated in the Washington State Reformatory at Monroe, where he has been serving a sentence for the state of Washington during the period of time the events herein described took place. He doesn't speak, read, write or understand the English language.
B. The Defendants 12. Defendant Kenneth W. DuCharme is the Warden of the Reformatory (P.O. Box 777, Monroe, WA 98272) and is directly responsible for the day-to-day operation and management of the Reformatory. He is also responsible for the training and supervision of the correctional personnel employed at that facility, as well as for the implementation of Division of Prisons pOlicy directives and field instructions. This suit is being brought against Mr. DuCharme in both his individual and official capacities. 13. Defendant James Spaulding is the Director of Washington State's Division of Prisons (P.O. Box 9699, Olympia,

CIVIL RIGHTS COMPLAINT

PAGE 4

WA 98504), a branch of the Department of Corrections. Mr. Spaulding is responsible for the operation and management of all prisons within the division, including the Reformatory. He is also responsible for the training and supervision of the administrators of the prisons within the division, and for the formulation and implementation of DOP operating policies and field instructions within the state. He is being sued in his individual and official capacities.
14. Chase Riveland is the Secretary of the Washington State Department of Corrections (P.O. Box 9699, Olympia, WA 98504), and is responsible for the operation and management of the entire correctional system. He is ultimately responsible for the formulation of pOlicy and the supervision of all administrators within the Department of Corrections. He is also responsible for insuring that DOC employees receive proper training and supervision. Mr. Riveland is being sued in his individual and official capacities.
15. All of the defendants have acted under "color of state law" during all times relevant to this complaint.
Facts 16. On January 15, 1990, the Director of the Division of Prisons implemented a Division Directive to "[a]ll Division of Prisons' facilities" (D.O.P. Policy #430.050) for the purpose of "assur[ing] that Hispanic offenders are able to understand all relevant institution policies, rules, and procedures." The said pOlicy statement mandated that: "Each Superintendent shall develop field instruction to meet the

CIVIL RIGHTS COMPLAINT

PAGE 5

requirements of this Directive." The substance of that document required that lI[a]ll institutional rules, pOlicies, and other relevant data shall be published in Spanish when they are issued in English. 1I The directive's definition of a Hispanic offender was lI[a]ny inmate whose primary language is Spanish or whose country of birth has Spanish as its primary language. 1I
17. The effective date of said pOlicy was January 15, 1990. Notwithstanding the mandatory language of the policy directive, in the more than three and one-half years that have passed since its effective date, not one single policy, rule, or other relevant data has been pUblished in Spanish at the Reformatory. Inside and outside Hispanic and Latino leaders have both met and talked on the phone with certain defendants and brought this matter to their attention. The Hispanic Club at the Reformatory (Los Mexicanos) has filed numerous grievances over defendants' failure to implement the said policy. Hispanics at some other prisons within the state, such as Clallam Bay, have also filed administrative complaints in an effort to resolve this issue without resort to litigation. The personal pleas, phone calls, letters and grievances have produced nothing but unfulfilled promises from the defendants. This suit follows.
First Cause of Action 18. Defendant Chase Riveland denied each of the named plaintiffs, and the class they represent, due process of law as guaranteed by the Fourteenth Amendment of the u.S. Const-

CIVIL RIGHTS COMPLAINT

PAGE 6

itution. This was accomplished by his failure to both train and supervise his subordinates in the implementation of Division of Prison's Directive 430.050, which mandated that all institutional rules, policies, and other relevant data shall be pUblished in Spanish. The mandatory language of the said directive created a legitimate expectation on the behalf of the plaintiffs that honest efforts would be made to enforce the provisions of the said directive.
19. As a direct result of Mr. Riveland's failure in the above respect, each of the plaintiffs are effectively denied their Constitutional right to be informed of the proceedings against them at disciplinary hearings, or otherwise to receive adequate notice of the charges against them. The translation of infractions and institutional rules are critical documents that the defendant should have known was more than a mere convenience to non-English speaking prisoners. As a result of the said defendant's omission plaintiffs have been denied their due process right to be afforded the means of understanding the rules and policies they are expected to live by.
20. The Revised Code of Washington (§ 72.02.040) makes Secretary Riveland directly responsible for the administration of all adult correctional institutions operated by the Department of Corrections. RCW § 72.01.090 provided Secretary Riveland authority for making rules for the proper execution of the department's powers. And RCW § 72.01.050 also makes him responsible for managing and governing all state

CIVIL RIGHTS COMPLAINT

PAGE 7

prisons. Defendant Riveland's performance of his duties to the extent of overseeing and enforcing the implementation of pOlicies with respect to English speaking inmates, but not those directly related to the needs of the growing Hispanic inmate population, violates plaintiffs' right to equal protection of the law as guaranteed by the Fourteenth Amendment of the United States Constitution.
Second Cause of Action 21. The acts and omissions of defendant Spaulding, the Director of the Division of Prisons, are similar to those of Defendant Riveland. Mr. Spaulding denied each of the named plaintiffs and the class due process of law as guaranteed by the Fourteenth Amendment of the United States Constitution. Said deprivation was accomplished by a failure to both train and supervise his subordinates in the implementation of Division of Prison's Directive 430.050, which mandated that all institutional rules, pOlicies, and other relevant data shall be published in Spanish. The mandatory language of the said directive created a legitimate expectation on the behalf of the plaintiffs that honest efforts would be made to enforce the provisions of the said directive. 22. As a direct result of Mr. Spaulding's failure in the above respect, each of the plaintiffs were effectively denied their Constitutional right to be informed of the proceedings against them at disciplinary hearings, or otherwise to receive adequate notice of the charges against them. The translation of infractions and institutional rules are crit-

CIVIL RIGHTS COMPLAINT

PAGE 8

ical documents that the defendant should have known was more than a mere convenience to non-English speaking prisoners. As a result of the said defendant's omission plaintiffs have been denied their due process right to be afforded the means of understanding the rUles and policies they are expected to live by.
23. Defendant Spaulding's performance of his duties to the extent of overseeing and enforcing the implementation of pOlicies with respect to English speaking inmates, but not those directly related to the needs of the growing Hispanic inmate population, violates plaintiffs' right to equal protection of the law as guaranteed by the Fourteenth Amendment of the United States Constitution.
Third Cause of Action 24. The acts and omissions of defendant Ken DUCharme, the Superintent of the Reformatory, are similar to those of the other defendants. Mr. DuCharme denied each of the named plaintiffs and the class due process of law as guaranteed by the Fourteenth Amendment of the United States Constitution. Said deprivation was accomplished by a failure to both train and supervise his subordinates in the implementation of Division of Prison's Directive 430.050, which mandated that all institutional rules, policies, and other relevant data shall be published in Spanish. The mandatory language of the said directive created a legitimate expectation on the behalf of the plaintiffs that honest efforts would be made to enforce the provisions of the said directive.

CIVIL RIGHTS COMPLAINT

PAGE 9

25. As a direct result of Mr. DuCharme's failure in the above respect, each of the plaintiffs were effectively denied their Constitutional right to be informed of the proceedings against them at disciplinary hearings, or otherwise to receive adequate notice of the charges against them. The translation of infractions and institutional rules are critical documents that the defendant shoUld have known was more than a mere convenience to non-English speaking prisoners. As a result of the said defendant's omission plaintiffs have been denied their due process right to be afforded the means of understanding the rules and policies they are expected to live by.
26. Defendant DuCharme's performance of his duties to the extent of overseeing and enforcing the implementation of policies with respect to English speaking inmates, but not those directly related to the needs of the growing Hispanic inmate popUlation, violates plaintiffs' right to equal protection of the law as guaranteed by the Fourteenth Amendment of the United states Constitution. RCW 72.02.040 mandates the superintendent of each institution is subject to the rules of the department and for the supervision and management of the institution and the subordinate employees.
Relief Sought 27. The plaintiffs urge this Court to issue a preliminary injunction directing the defendants to make some steps toward translating prison rules and policies into Spanish. 28. Enter a declaratory judgment that defendants vio-

CIVIL RIGHTS COMPLAINT

PAGE 10

· ..

lated the United States Constitution and state law when they ignored the mandatory language of their own Division Directive requiring said rules to be translated.
29. Issue an injunction ordering the defendants and their agents to implement Division Directive 430.050.
30. Order payment of attorney fees and costs to plaintiffs' and/or their attorneys pursuant to 42 U.S.C. § 1988.
31. Grant such other relief as it may appear plaintiffs are entitled.
32. Each of the below signatories understands the penalties of the crime of perjury, hereby declare under penalty of perjury that the above is facts are true and correct to the best of their knowledge and belief.
Signed on this ~ day of July, 1993, at Monroe, Washington.
Respectfully submitted,

5 a/ut:tel,r (Q et!? < .$qv~.$
Salvador Lopez

q v' \L~~rY\O \\''\oV\dn::-so'....-'1
GUillermo Mondragon

cisco Morales

Miguel Espin'OZa
Or-tUf"O Hetnaodez. ~omez.
Arturo Hernandez Gome

CIVIL RIGHTS COMPLAINT

PAGE 11

 
 * JAN 2 3 1995
,

THE HONORABLE WILLIAM L. DWYER MAGISTRATE JUDGE DAVID E. WILSON

,
5 6
7
8
9

UNITED ST~TES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

, SALVADOR LOPEZ, et ~l.,

,, Pl~intitf5.

NO. C93-10JOWD

,, VS. ,, CHASE RIVELAND, et al.,

STIPULATED MOTION FOR
STAY OF PROCEEDINGS AND SETTLEMENT AGREEMENT

,, Defendants.

----------,

This is a stipulated motion for a stay and settlement

12 agreement for Lopez v, Rivelaod, U.S. District Court for the

13 Western District of Washington, Cause No. C93-1030WD. The

14 parties, for and in consideration at. the mutual promises made

IS hereinafter, agree to the following.

L

The parties hereby ask that this Court enter a stay in

17 this matter for an IS-month period, without the necessity for the

18 tiling ot any pleadings or taking any other action during the

19 stay. If the court refuses to enter a stay, this agreement will

20 be null and void and the parties ....ill attempt to renegotiate a

21 mutually acceptable agreement. If this Court enters a stay, any

22 time limits or deadlines otherwise required by the Court shall be

23 tolled during the l8-month period and will be rescheduled only if

24 there is nO final resolution at the end of the stay, requiring the

25 case to become active again, as described in paragraph 3.

As soon as is practicable after the is-month period for

STIPULATED MOTION FOR STAY
OF PROCEEDINGS & SETTLEMENT - 1

~TroIlNm' G""'IlV.LOf W~'H"""""
~ PO _ - .00"6
0Iyq0a0o,oWlWA >_-"''''''6

1 provision of materials and services has passed, the parties shall

2 confer on whether DOC has developed the materials, services and

3 programs it has agreed to provide. If the parties agree that DOC

4 has provided the agreed materials, services and proqrams, the

5 parties hereby stipulate that Lopez y. Riveland, C93-10JOWD. will

6 be dismissed with prejudice. The dismissal will not make or imply

7 any admission by either side that defendants have met or have
, failed to meet any legal obligation. Upon dismissal the named

9 plaintiffs are precluded from raising any and all claims relating

10 to DOC's system for providing Spanish language, interpretation, or

11 translation that may have existed prior to dismissal, except th~t

12 ~ny issue reg~rding the timing, continu~nce or delay of ~ny

13 hearing or meeting described in paragraph 6.8 because of the

14 unavailability of a f"cility translator or other translation

15 services is not resolved by this agreement and may be addressed in

16 a separate lawsuit.

If the parties, after conferring as required by

18 paragraph 3, do not agree that DOC has provided the required

19 materialS, services and programs, plaintiffs will notify the court

20 and request that the stay be lifted and the case be made active

21 again. Once such a motion is filed, this agreement becomes null

22 and void, and neither party is bound by it further.

,.

The Department of Corrections ("DOC" hereinafter) agrees

24 to develop and provide the Spanish language and trllnslation

25 materialS, services and programs set forth in Paragraph 6 below.

26 DOC will make these materials, programs and services, as specified

STIPULATED MOTION FOR STAY
OF PROCEEDINGS & SETTLEMENT - 2

An'l)l,:<ev QI'l'>IU.Al Of WA<HIH<JTON
<:""""",. ,......
0 1 _ .PO_~JJ' WA 'It3O<.{IIIO
(2Oi) »6-1'"

1 in Paragraph 6 of this agreement, available no later than 18

2 months from the date of signing of this agreement, but will make

J the materials, services and programs required by Paragraphs 6.2,

4 6.6, 6.7, 6.8, 6.11, 6.12, and 6.13 available ",ithin 12 months

5 from the date of signing this agreement.

•

••

To allow plaintiffs' counsel to evaluate whether DOC is

7 providing the required materials, services and programs, DOC

8 agrees to provide plaintiffs' counsel with ongoing information,

9 including regUlar updates and memoranda or reports generated by

10 DOC employees, outside consultants, and outside experts that

11 describe progress in fulfilling the tCnlIS of the agreement.

12 Plaintiffs' counsel shall have access on request to all materials

13 translated into Spanish by or at the direction of any DOC employee

14 and copies of all Spanish language materials actually available at

15 any DOC institution. Plaintiff's counsel shall be entitled to

16 have these materialS copied at the standard rate charged for

17 copying by the DOC. However, DOC shall not be required to

18 disclose documents that are privileged Or deemed non-discloseable

19 by law.

In addition, plaintiffs' counsel shall be permitted to

21 interview the DOC employee primarily responsible for the

22 implementation of this agreement ("DOC designee" hereinafter)

23 regarding implementation "od "oy perceived problems with implementation. If plaintiffs' counsel wishes to interview any

25 other DOC employee, plaintiffs' counsel shall submit a request to

26 the DOC designee. All reasonable requests shall be granted.

STIPULATED MOTION FOR STAY
OF PROCEEDINCS & SETTLEMENT - J

~TTOWBY GP.olUA L 01' w ~.~'"""""
~,,","'"

0

_PO.

...
W~

...."""...,,,.

C'06l , ...".,

1 addition, plaintiffs' counsel and/or a designee !luent in spanish

2 shall be permitted to enter any DOC facility to review the

3 provision of oral translation services. Entry shall be consistent

4 with the visitation policies of each institution and prior

5 arrangements made ....ith the designated DOC and/or AAG contact

6 person. Defendants' counsel shall be notified of, lind may be

7 present at such interviews Or reviews.

•

Except when a shorter time is specified, DOC agrees to

9 implement the following materialS, services and programs within

10 eighteen months after the date on Which this agreement is signed.

11 DOC will provide these services and materials without charge.

12 However, special exceptions may be made for individual offender~

13 who demonstrate a pattern of abuse of the materials, service!

14 and/or programs.

15 A. Translation of Materials

6.1. When available without cost from State or Federa

17 sources, DOC will provide in Spanish pamphlets and/or books c •
18 subjects to inClude but not be limited to the following:

•• Syphilis
b. Chlamydia

o. Diabetes

d. TUberculosis

o. Newborn Screening

f. Hepatitis

"

g. Lice h. Sexually Transmitted Diseases

i. Scabies

j. AIDS

k. Pregnancy

1. Gynecological Care

m. Hypertension

"

6.2. Within twelve months from the date that this agreem<

STIPULATED MOTION FOR STAY
OF PROCEEDINGS & SETTLEMENT - 4

ATf()""ey <lFNe.AA'. ()I' WA"'L'"
~ ro _<- 0".
~,WAMJ(IO.(JII'
(2005})66.''

1 is signed, the following regulations and their successors, as

2 applicable to facility administration lind policy, ",ill be 3 available in a court certified Spanish translation form at all

4 facilities:

,

WAC Chapter 137-28

,

WAC Chapter 137-32

,

WAC Chapter 137-36

,•

WAC Chapter 137-48 WAC Chapter 137-67 WAC Chapter 137-91

WAC Chapter 275-80

Prisons--Discipline
Prisons--Administrative Segregation and Intensive Management
Adult Correctional Institutions-Inmate Personal Property
Inmate Mail and Communications Transfer of Citizens of Foreign Countries Adult Correctional Institutions--
Medical Care--Health Care visitation

Also, ",ithin the same twelve month period, the substance of

all forms, policies, and field instructions on the following sUbjects ",ill be provided in a translated format at all

facilities, as applicable to facility administration and policy.

Inmate Discipline

Classification, custody level

Grievance Procedure and related forms

Administrative Segregation

Offender Legal Access

Deportation Proceeding Notification

Earned Release Time

"

Privileged Communication for Clergy Religious Freedom

Searches of Offenders, Housing Area, Working Arca,

and Activity Area

Legal Financial Obligations

Visits/extended Family Visitation

Searches of Visitors

Medical, Dental and Mental Health Services

"

Offender Telephone Use Offender Marriages

Facility Inmate Nandbooks

Housing Unit Rules

Fire Evacuation & Safety Rules

Medical Consent Forms

Availability of Facility Programs

Mail, inclUding Indigent Mail forms

Request for Interpreter forms

Commissary/inmate store ordering procedures

STIPULATED MOTION FOR STAY OF PROCEEDINGS & SETTLEMENT - 5

A ITOItl<IlV 0EJ"1'.aAl. OF WA''''''''''''''
c.....-o;.......
"""'-0". 1'0 "'" ..".
_ . WA
Q(I6) I ....'..,

,

Transfer of Funds form Transfer Inquiry (Mexico) Disposal of Abandoned Property form/information

Postage Transfer Form

Registration of Sex Offenders

Notice of Detainer

Interview slip (kite)

Translation Services

use of Prisoners For Experimental Purposes

,
, ,

Drug Testing
Movement and Identification Requirements Release or special Sentence Review Criteria Prisoner Personal Property, Clothing, and Laundry

, "Substance" means (a) verbatim translation of any specific rules

of conduct, lists of allowed Or prohibited items, or detailed

instructions on how to access services, and (b) accurate summaries

of more general procedures and services. Where material within

WACs, policies,

field instructions

substantively

identical, it .....ill not be necessary to duplicate the translation,

provided that there will be a notation in spanish directing the

offender to the fully translated text. The above materials will

be made available and will be managed consistent with lawful

security restrictions and policies that are applied to all persons

within the facility.

6.3. The follo..... ing Spanish language legal materials .....ill be

made available at all major facility law libraries and satellite law libraries:

Vanson & Frankenthaler, Spanish-English Legal Dictionary

"

(Scott Forsman 1982) Frankenthaler, Skills For Bilingual Legal Personnel

(Scott Forsman 1982)

Immigration Materials or other legal materials as made

available by the u.S. immigration service or other U.S.

government agencies at no cost to DOC.

The Division of Prisons and local facility libraries will

STIPULATED MOTION FOR STAY
OF PROCEEDINGS & SETTLEMENT - 6

ATI'OWIlY <l""'liMl.OI' WA''''N<ITON C<>O="- .... PO 11, ,,,,,
",,-,,", WA 9ll<"I.(l"6 00<l""-1"~

1 provide Spanish language recreational and reference rl'lading

2 materials as aade available through the Washington State Library

3 COl..iasion.

,4 ,

B. Translation Services Definitions 6.4 "Facility Translators"

a) Definition - a DOC statf member who is qualified by DOC

6 to translate between Spanish and English and who has met

9 reasonable testing and qualification criteria established by DOC.
b, Each facility will ensure that at least one full time

11 employee is qualified and available to provide the services of a

12 facility translator in addition to their priaary responsibilities.

13 Each prison with an operational capacity exceeding 750 otfenders

14 will ensure that at least two-full tillle employees are qualified as

15 facility translators. To the extent that recruitment efforts are

16 unsuccessful, telephone translation services will be provided in

17 lieu of a facility translator. The DOC Io'ill continue in its

18 efforts to recruit facility translators until the facility

19 translators required by this agreement have been hired.

20

6.5 "Telephone Translation Service"

a) Definition - any translation service provided by one or

22 IlIOre tl'llephone companies that is available twenty-four (24) hours

2] a day. The service would consist of a tranSlator e.ployed by the

24 telephone cOlllpany speaking through a telephone or other oral

25 cOmBunication connection to two or more parties, who are at the

26 same or separate locations, and translating between the parties.

STIPULATED MOTION FOR STAY OF PROCEEOINGS & SETTLEMENT - 7

.0..0.."...... ~TTolN~Y m~""" L"" wASHI>IOTOH ~ 1'0 _
0 _ . WA ..""-Ill" (2Ooj) - ,. .,

Each facility will be authorized to utilize Telephone

2 Translation services as set forth in this agreement, provided that

3 such services are available to the facility through telephone

," company(s). 6.6 "Notice of Translation Services" is II form with the

6 following written in both spanish and English:

7

Mark one or both boxes if you require translation assistance.

, ,

o

Please translate into Spanish this report and any

other documents regarding this matter that are available

under DOC rules and policies.

o

I would like the assistance of a DOC Translator at

13

any hearing, meeting or review regarding this matter.

14 Within twelve months from the date that this agreement is signed,

15 this form will be utilized for all fonnal hearings and reports as

16 listed in paragraph 6.8 of this agreement, unless an existing form

17 fulfilling the purpose of the foregoing form is available and

18 utilized.

19

Medical Services

6.7 Within twelve months from the date that this agreement

21 is signed, each facility will provide translation services for

22 Medical, Dental and Mental Health programs, to include medication

23 labels/instructions. This service will be provided upon request,

24 during the hours the program is operational, by means of an on-

25 site translator, contracted medical services 0< telephone 26 translation services. During medical emergencies and other

STIPULATED MOTION FOR STAY OF PROCEEDINGS & SETTLEMENT - 8

""'''" " ITORNI!Y GI'N'.aIl L 01' '"A.O<lNOTOI< ~ PO "",<0". ~.W"9UC>I""" (2<16)''''''''

1 necessary medical encounters Yith medical providers outside

2 regular medical program hours, tranSlation shall be provided as

3 available and practicable. If a prisoner requests translation

4 services, the facility translator or a telephone translation

5 service will interpret discussion between the medical providers

6 and the prisoner.

7

All facility translators yill sign a form acknowledging the

8 confidentiality of all medically related communications between a

9 prisoner and his or her health care provider. Upon the prisoner's

10 request, the facility translator yill be alloyed to be present if

11 the prisoner is examined in a private rOOm.

6.8 Hearings/Meetings Translation Services Within twelve

13 months from the date that this agreement is signed, each Division

14 of Prisons facility wi 11 provide for translation services upon

15 request at disciplinary, classification revieY, administrative

16 segregation, grievance

other formal hearings/meetings

17 conducted within the facility. Such services will be provided by

18 on-site facility translators or telephone translation services.

19 These services will include interpretation of all hearings officer

20 and appeal decisions. Appeals or grievances shall be considered

21 timely when submitted in Spanish within the applicable time-frame.

22 In addition to the hearings set forth above, the following

23 documents, hearings and meetings are subject to translation on

24 request within the time-frames set forth by policy:

STIPULATED MOTION FOR STAY OF PROCEEDINGS , SETTLEMENT - 9

ATTOO.Nl!YcG.nF..N.E_ aAL O_ f WASH"""""
1'0 "'" <0'10 _ . WA 9l.I<lO-O".
(1061_''''

, ,

Discipline
•• Infraction reports;
b. Advice given to a prisoner as required by administrative segregation regulations;

,

o. The hearing officer's decision after the disciplinary hearing;

d. Notice of appeal rights;
•• Any appeal by the prisoner that is allowed by disciplinary policies or rules, and any decision on such

,

an appeaol;
f. Assistance for writing an appeal to the superintendent must be provided to illiterate inmates, to the extent

,

that such assistance is provided to other Englishspeaking inmates in the facility.

,

Classification

•• The notice of Classification review;
b. oral and written reports of the classification decision;
c. Any appeal by the prisoner th"t is allowed by classification policies or rules, ~nd any decision on
the appeal.

Administrative Segregation
•• Written notice of the reason for the prisoner's initial placement in segregation; b. Every written recommendation of a hearing officer to the
superintendent or written decision of the superintendent's acceptance or rejection of the hearing officer's recommendations; o. Written notice of all Classification meetings for a prisoner in segregation as described in DOC regulations; d. Assistance for writing an appeal to the superintendent of a hearing officer's recommendation after any review or hearing, will be made available to illiterate prisoners, to the extent that such assistance ~s provided to other English-speaking inmates in the facility. o. Any appe~l by the prisoner that is ~llowed by administrative segregation policies or rUles, and any decision on the appeal.

Grievances

"

•• All responses to grievances.
b. Any appeal by the prisoner that is allowed by

grievance pOlicies or rules, and any decision on the

appeal.

"

STIPULATED MOTION FOR STAY OF PROCEEDINGS & SETTLEMENT - 10

ATrORNEY GENP.... LOf WA5l<lt'07£ON
"'''6 ~ ";.;,;.,,, l'() .... ~WA9&5O<""I~
lMlSM-I"l

Legal Access

2

6.9 At the request. of any non-English speaking Hispanic

] prisoner. DOC inst.it.utions will provide t.ransl"'t.ion of crucial

4 legal docu.ent.s including but. not. li.it.ed t.o SUmllOnSeS,

S co.plaint.s, subpoenas, not.ices of hearings. and ot.her notices of

6 leqal event.s. The inde~es to DOC policies and local field

7 inst.ructions that are available t.o inmates shall be translated

8 into Spanish and be available in the law library of each DOC

9 institution. Upon request of any non-English speakinq prisoner.

10 DOC inst.itutions will provide t.ranslat.ion of t.he t.e~t of any DOC

11 policy or local field inst.ruction that prisoners are permitted to

12 read in English within a reasonable time, consistent with

13 available resources. If an offender has a legal deadline to meet

14 and DOC has sufficient notice, a "reasonable" timo will be in

15 Sufficient time to allow the offender to meet the deadline.

16

General Translation Needs

6.10

Translation services shall be requested by st.aff

18 whenever it becomes apparent that, because of a lanquage barrier,

19 adequate communication is not occurring.

'0

C. Orientation Proqraws

6.11 Within twelve ~nths frow the dat.e t.hat this agreement.

22 is siqned, each inaate in the DOC population will be notified in

2] Spanish of the Spanish t.ranslat.ed materials and services t.hat are

24 available. and the process by which to access those services at.

25 their particular institution.

6.12 Within t.welve months from the date that this aqreemcnt

STIPULATED MOTION FOR STAY OF PROCEEDINGS & SETTLEMENT - 11

~TTOO.NllY OF.I<e.....L "" w 'UOOTON
aom._ ''''~...
00,_...., _.ollt w~ ,"",""II' <'1<1")''-'"''

1 is signed, all prisoners who enter the Reception Centers at

2 Washington Corrections Center and the washington Corrections

3 Center for Women ("WCC~RC" and "WCCW-RC") will be informed in

4 Spanish that they must attend an orientation meeting, and that

5 such orientation is available in Spanish. If the prisoner states

6 that he or she would like the orientation program in Spanish, then

7 such orientation will be provided. DOC must make Spanish

8 orientation ... v ... ilable to incoming Spanish speaking prisoners

9 within a reasonable time after their arrival at WCC-RC or WCCW-RC.

10 In addition to providing the same information provided in the

11 English orientation program, the Spanish orientation program will

12 also include the following:

•• Information on how to request translation and interpretation services for medical care, disciplinary

hearings,

administrative

segregation hearings,

grievances, Classification reviews and other purposes.

b. A handbook of spanish translations of materialS. These

materials inClude but are not limited to a copy of the

rules in WAC 137-28 and all local disciplinary rules of

the institution to which he or she is assigned, pursuant

to WAC 137-28~015.

c. Information on how to enroll in English as a Second

Language [ESL} classes at the institution.

19 Whet:e practical and applicable, the DOC will make a Spanish

20 orientation video tape available.

"

6.13 Within twelve months from the date that this agreement

22 is signed, each facility must provide an orientation program for

23 Spanish-speaking transferees that will provide them with the

24 information that is necessary to allow their effective access to

25 translated materials and services. Each facility will enSure that

26 Spanish-speaking inmates who do not understand English attend the

STIPULATED MOTION FOR STAY
OF PROCEEDINGS & SETTLEMENT - 12

ATTO..~ ..y C1f.Nl1Al 01' WA$HII'OOTOfl
4<)". "'"F'"O"_"'"' n;......
""'....... WA '''0'_''''. (1OfIl ~"..

1 Spanish versions of their orientation programs. This orientation

2 program may be presented by video.

,

6.1.4 ESL Classes - Eaeh facility will, within available

4 resources, provide the opportunity tor non-English speaking

5 inmates to attend English as a second language courses provided by

, ,. 6 local Community Colleges or other resources. This agreement may be modified at any time by a written

8 and signed document executed by mutual agreement of the parties

9 and/or their attorneys.

,.

During the 18-month period within vhich DOC has agreed

11 to implement the materials, services, and proqrlllllS required by

12 this agreement, all materials/services currently available ViII

1] remain available and each additional agreed upon material/service

14 will be implemented upon coapletion.
•• After the 18 ..onth implellentation period has ended, and
16 if after that period plaintiffs have dismissed their action under

17 paragraph 2 of this agreement, DOC agrees to comply with the terms

18 of this agreement during a 12-month enforcement period. During

19 this 12-month enforcement period, Evergreen Legal Services must

20 attempt to resolve any and all disputes about DOC's continuing

21 compliance with this agreement through the following dispute

22 resolution process. Evergreen Legal serviees shall infor:. counsel

2] for the DOC in writing of any alleged substantial noncompliance.

24 Unless the problem is resolved at that stage, counsel from

25 Evergreen Leqal Services and the Corrections Division will meet

26 and confer in good faith to try to resolve any differences. It

STIPULATED MOTION FOR STAY OF PROCEEDINGS , SETTLEMENT - 13

ATTORNm" OI'NI'V.J. 01' WA"''''''''''''''
~o;._
_.WP'OA.......4,.0,".-./I". (200) ..... , ..,

1 the dispute cannot be resolved by meeting and conferring, the

2 dispute must be SUbmitted to a mediator to be chosen by mutual

3 agreement of counsel. If the dispute cannot be resolved through

4 non-binding mediation, then Evergreen Legal Services may pursue

5 specific performance in a state superior court as a remedy on

6 behalf of the plaintiffs to remedy any alleged non-compliance with

7 this agreement.

,

Each side will bear their own costs and attorneys' fees in

9 pursuing the mediation process, and the cost or fee of the

10 mediator will be shared equally. Nothing in this agreement

11 precludes the use of any other type of alternative dispute

12 resolution process that the parties agree to employ.
" . Beyond the 18-month implementation period and the 12-
14 month enforcement period, none of the foregoing provisions of this

15 agreement are judicially enforceable in any ",a'll. No later than 60

16 days before the expiration of the 12-month enforcement period, the

17 parties agree to discuss in good faith the question of

18 continuation of this agreement beyond the 12-month enforcement

19 period. If after such discussions no further agreement is

20 reached, then plaintiffs or their attorneys are not precluded from

21 bringing further actions for prospective injunctive relief based

22 upon allegations that DOC has breached a legal duty, if any, to

23 provide any translation or interpretation services for Spanish-

24 spe<lking prisoners. Such an action cannot be based upon the terms

25 of this agreement, ",hich ",ill have terminated ",ith the conclusion

26 of the 12-month enforcement period. In any such action, Evergreen

STIPULATED MOTION FOR STAY OF PROCEEDINGS & SETTLEMENT - 14

ATTORNUY OIlN"""L OP WA'Ifr.<OT()O/
~..... o;.""
PO_~'" ""'-"'.....A 9ll(l<-\lll.
(1Ofi) '0<>-1401

, , ,

,,< Legal Services will oot seek attorneys' fees

work performed

" " more than

days before tho expiration

enforcement period.

tho 12-month

,

H.

, This document i . "ot

consent dacree,

bot i. '"

5 agreement enforceable through the contractual remedies specified

6 herein. None of the provisions contained in this agreement should 7 be construed as creating Or extinguishing any state created 8 constitutional interests.
,

12. The parties shall each bear their own costs and 11 attorneys fees, and plaintiffs and their counsel waive any claim

12 to fees for any work performed up to the time of signing this agreement.
,~
0' Executed this l::t ~ day

16 Attorney for PlaintiffS

Attorneys tor Defendants
CHRISTINE O. GREGOIRE Attorney General

" "
STIPULATED MOTION FOR STAY
OF PROCEEDINGS & SETTLEMENT - 15

ND, Secretary

A""""l'.Y <lroNF.aAL OJ' W....KIN<JfOt'

Con«Iioo, """"""

~

>'0
.

WA.....

"""""""...,11.

(%(161 _1"1

 
 Case: 2:93-cv-1030 As of: 02/22/2015 05:47 PM PST 1 of 6
CLOSED
U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:93−cv−01030−WLD−DEW

Lopez, et al v. Riveland, et al Assigned to: William L Dwyer Referred to: Hon. David E Wilson Demand: $0 Cause: 42:1983 Prisoner Civil Rights Plaintiff Salvador Lopez
Plaintiff Cortez Sanchez TERMINATED: 01/11/1994
Plaintiff Guillermo Mondragon TERMINATED: 01/11/1994
Plaintiff Francisco Morales TERMINATED: 01/11/1994
Plaintiff Jose Carranza TERMINATED: 01/11/1994

Date Filed: 07/30/1993 Date Terminated: 01/30/1995 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by Salvador Lopez 998452 WSR WASHINGTON STATE REFORMATORY PO BOX 777 MONROE, WA 98272−0777 PRO SE
represented by Cortez Sanchez 991415 WSR WASHINGTON STATE REFORMATORY PO BOX 777 MONROE, WA 98272−0777 PRO SE
represented by Guillermo Mondragon 702922 WSR WASHINGTON STATE REFORMATORY PO BOX 777 MONROE, WA 98272−0777 PRO SE
represented by Francisco Morales 700908 WSR WASHINGTON STATE REFORMATORY PO BOX 777 MONROE, WA 98272−0777 PRO SE
represented by Jose Carranza 978610 WSR WASHINGTON STATE REFORMATORY PO BOX 777 MONROE, WA 98272−0777 PRO SE

Case: 2:93-cv-1030 As of: 02/22/2015 05:47 PM PST 2 of 6

Plaintiff Miguel Espinoza TERMINATED: 01/11/1994
Plaintiff Aarturo Hernandez Gomez
Plaintiff Alfonso Jimenez
Plaintiff Dario Garcia Plaintiff Florencio Lopez Leon Plaintiff Felizardo Ramos

represented by Miguel Espinoza 701861 WSR WASHINGTON STATE REFORMATORY PO BOX 777 MONROE, WA 98272−0777 PRO SE
represented by Aarturo Hernandez Gomez 702068 WSR WASHINGTON STATE REFORMATORY PO BOX 777 MONROE, WA 98272−0777 PRO SE
John B. Midgley COLUMBIA LEGAL SERVICES 101 YESLER WAY STE 300 SEATTLE, WA 98104−2552 206−464−5933 Fax: 206−464−1122 Email: john.midgley@columbialegal.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alfonso Jimenez 967828 WSR WASHINGTON STATE REFORMATORY PO BOX 777 MONROE, WA 98272−0777 PRO SE
John B. Midgley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John B. Midgley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John B. Midgley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John B. Midgley (See above for address)

Case: 2:93-cv-1030 As of: 02/22/2015 05:47 PM PST 3 of 6

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Carlos Montano−Elisea

represented by John B. Midgley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Chase Riveland Secretary, Dept of Corrections
Defendant James C Spaulding Director, Division of Prisons TERMINATED: 01/11/1994
Defendant Kenneth DuCharme Warden, Washington State Reformatory TERMINATED: 01/11/1994
Defendant Tom Rolfs Director, Division of Prisons, WA Dept of Corrections, and their officers, agents, employees and successors

represented by Talis M Abolins CAMPBELL DILLE BARNETT SMITH &WILEY P O BOX 488 PUYALLUP, WA 98371 253−848−3513 Email: TalisA@cdb−law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Talis M Abolins (See above for address) TERMINATED: 01/11/1994 LEAD ATTORNEY
represented by Talis M Abolins (See above for address) TERMINATED: 01/11/1994 LEAD ATTORNEY

Date Filed 07/30/1993 08/06/1993 08/06/1993 08/06/1993 08/06/1993 08/06/1993 08/06/1993

# Docket Text
LODGED ORDER: applications to proceed IFP, complaint (MD) (Entered: 08/04/1993)
1 ORDER by Judge Wilson GRANTING application to proceed ifp for pltf Salvador Lopez (cc: all counsel) (MD) (Entered: 08/06/1993)
2 ORDER by Judge Wilson granting application to proceed IFP for pltf Cortez Sanchez (cc: all counsel) (MD) (Entered: 08/06/1993)
3 ORDER by Judge Wilson granting application to proceed IFP as to pltf Guillermo Mondragon (cc: all counsel) (MD) (Entered: 08/06/1993)
4 ORDER by Judge Wilson granting application to proceed IFP for pltf Francisco Morales (cc: all counsel) (MD) (Entered: 08/06/1993)
5 ORDER by Judge Wilson granting application to proceed IFP for pltf Jose Carranza (cc: all counsel) (MD) (Entered: 08/06/1993)
6 ORDER by Judge Wilson, granting application to proceed IFp for pltf Arturo Hernandez Gomez (cc: all counsel) (MD) (Entered: 08/06/1993)

Case: 2:93-cv-1030 As of: 02/22/2015 05:47 PM PST 4 of 6

08/06/1993 08/06/1993 08/06/1993 08/06/1993 08/06/1993 08/09/1993 08/23/1993 08/23/1993 09/04/1993 09/09/1993 09/10/1993 09/15/1993 09/15/1993 10/20/1993 11/13/1993 11/17/1993
12/20/1993 12/22/1993
01/11/1994
02/18/1994

7 ORDER by Judge Wilson, granting application to proceed IFP for pltf Alfonso Jimenez (cc: all counsel) (MD) (Entered: 08/06/1993)
8 ORDER by Judge Wilson granting application to proceed IFP for pltf Miguel Espinoza(cc: all counsel) (MD) (Entered: 08/06/1993)
9 COMPLAINT (Summons(es) not issued) Receipt # IFP (MD) (Entered: 08/06/1993)
10 MOTION by plaintiffs for appointment of counsel noted for 8/20/93 (MD) (Entered: 08/06/1993)
11 AFFIDAVIT of all pltfs regarding motion for appointment of counsel [10−1] (MD) (Entered: 08/06/1993)
12 ORDER by Judge William L. Dwyer of reference to Magistrate Judge David E. Wilson ent mld (cc: all counsel) (dktclk) (Entered: 08/10/1993)
13 ORDER by Magistrate Judge David E. Wilson DENYING motion for appointment of counsel [10−1] (cc: all counsel, WLD, DEW) (dktclk) (Entered: 08/23/1993)
14 ORDER by Magistrate Judge David E. Wilson directing service of process and procedures (cc: all counsel) (MD) (Entered: 08/24/1993)
15 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of summons and complaint by defendant Chase Riveland on 9/2/93 (MD) (Entered: 09/08/1993)
16 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of summons and complaint by defendant on 9/3/93 (MD) (Entered: 09/09/1993)
17 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of summons and complaint by defendant James C Spaulding on 9/8/93 (MD) (Entered: 09/10/1993)
18 ATTORNEY APPEARANCE for defendant Chase Riveland, defendant James C Spaulding, defendant Kenneth DuCharme by Talis M Abolins−cnsl (MD) (Entered: 09/16/1993)
19 AFFIDAVIT OF SERVICE by defendant of attorney appearance [18−1] served on 9/14/93 (MD) (Entered: 09/16/1993)
20 ATTORNEY APPEARANCE for plaintiff Aarturo Hernandez Gomez, plaintiff Alfonso Jimenez by John B. Midgley−cnsl (MD) (Entered: 10/21/1993)
LODGED ORDER: stipulation and order on amendment of complaint and filing of answer (MD) (Entered: 11/15/1993)
21 STIPULATION and ORDER by Magistrate Judge David E. Wilson : on order on amendment of complaint and filing of answer. Amended complaint is due on 12/22/93 and answer by 1/21/94 and pltfs shall make any motion for class certification no later than 90 days from the filing of the amended complaint. (cc: all counsel, Wilson) (MD) (Entered: 11/18/1993)
LODGED ORDER: stipulation and order on amendment of complaint and filing of answer (MD) (Entered: 12/20/1993)
22 STIPULATION and ORDER by Judge William L. Dwyer : to extend time to file amendment to complaint by 1/11/94 and answer to 2/10/94. Pltf shall file any motion for class certification no later than 90 days after the filing of the amended complaint. (cc: all counsel) (dktclk) (Entered: 12/22/1993)
23 AMENDED COMPLAINT (first) [9−1] by plaintiff Salvador Lopez; terminating Kenneth DuCharme, James C Spaulding, Miguel Espinoza, Jose Carranza, Francisco Morales, Guillermo Mondragon, Cortez Sanchez; adding Dario Garcia, Florencio Lopez Leon, Felizardo Ramos, Carlos Montano−Elisea, Tom Rolfs (MD) (Entered: 01/12/1994)
MAIL RETURNED: re: stipulation [22−1], re: stipulation [21−1] [21−1] addressed to Cortez Sanchez (MD) (Entered: 02/23/1994)

Case: 2:93-cv-1030 As of: 02/22/2015 05:47 PM PST 5 of 6

02/22/1994 02/24/1994 04/11/1994 04/15/1994
04/20/1994 06/10/1994 06/13/1994
08/01/1994 08/01/1994 08/05/1994 09/14/1994 09/19/1994 09/27/1994 01/23/1995 01/23/1995 01/30/1995
01/30/1995
06/06/1996 07/13/1996

LODGED ORDER: stipulation and order to stay time for an answer (MD) (Entered: 02/23/1994)
24 STIPULATION and ORDER by Magistrate Judge David E. Wilson : to stay time for an answer until April l, l994. Parties are making progress towards a settlement. (cc: all counsel, Wilson) (MD) (Entered: 02/24/1994)
LODGED ORDER: stipulation and order for further extension of time to file motion for class certification and to file answer (MD) (Entered: 04/12/1994)
25 STIPULATION and ORDER by Magistrate Judge David E. Wilson, for further extension of time to file motion for class certification and to file answer to and including June 10, l994. In addition, and for the same reason, the defts request a further extension of 60 days within which to file their answer, that is until May 3l, l994. (cc: all counsel, Wilson) (MD) (Entered: 04/15/1994)
MAIL RETURNED: re: stipulation [25−1] addressed to Aarturo Hernandez Gomez (MD) (Entered: 04/20/1994)
LODGED ORDER: stipulation motion and order for further extensions of time to file answer and motion for class certification (MD) (Entered: 06/13/1994)
26 STIPULATION and ORDER by Magistrate Judge David E. Wilson : defts request a further extension of time within which to file their answer until 7/15/94 and pltfs request a further extension of time to file a motion for class certification to 8/1/94. (cc: all counsel, Wilson) (MD) (Entered: 06/14/1994)
LODGED ORDER: stipulation and order for further extensions of time to file answer and motion for class certification (MD) (Entered: 08/01/1994)
27 STIPULATION and ORDER by Judge William L. Dwyer for extension of time to file answer to August 29, l994 and extension of time to file a motion for class certification to Sept l4, l994 : (cc: counsel, Judge) (MD) (Entered: 08/01/1994)
MAIL RETURNED: re: stipulation [27−1] addressed to Aarturo Hernandez Gomez (MD) (Entered: 08/09/1994)
LODGED ORDER: stipulated motion and order to suspend due dates due to impending settlement (MD) (Entered: 09/15/1994)
28 STIPULATION and ORDER by Magistrate Judge David E. Wilson : that the due dates for defts' answer and the pltfs' motion for class certification are suspended until further order of this court. (cc: counsel, Judge) (MD) (Entered: 09/20/1994)
MAIL RETURNED: re: stipulation [28−1] addressed to Aarturo Hernandez Gomez (MD) (Entered: 09/29/1994)
29 STIPULATION re: motion for stay of proceedings and settlement agreement (MD) (Entered: 01/24/1995)
LODGED ORDER: order accepting settlement agreement and holding case in abeyance [29−1] (MD) (Entered: 01/24/1995)
30 ORDER by Judge William L. Dwyer accepting settlement agreement and holding case in abeyance until 18 months from the date of this order dismissed or reopen under the terms of the settlement agreement. (cc: counsel, Judge) (MD) (Entered: 01/31/1995)
31 ORDER by Judge William L. Dwyer removing case from active caseload until further order of the court. This order is entered for admin purposes. The Court retains full jurisdiction over this action and this order shall not prejudice the rights of any party. (cc: counsel, Judge) (MD) (Entered: 01/31/1995)
32 STIPULATION and ORDER by Judge William L. Dwyer regarding paragraph 2 of settlement agreement (cc: counsel, Judge) (MD) (Entered: 06/07/1996)
MAIL RETURNED: re: stipulation [32−1] addressed to Aarturo Hernandez Gomez (MD) (Entered: 07/15/1996)

Case: 2:93-cv-1030 As of: 02/22/2015 05:47 PM PST 6 of 6

07/19/1996 08/30/1996 09/04/1996 09/11/1996 09/14/1996 10/10/1996 10/10/1996 10/10/1996 06/29/2001

MAIL RETURNED: re: stipulation [32−1] addressed to Alfonso Jimenez (MD) (Entered: 07/22/1996)
LODGED ORDER: re: second stipulation and order re: paragraph 2 of settlement agreement (KERR) (Entered: 08/30/1996)
33 STIPULATION and ORDER by Judge William L. Dwyer regarding paragraph 2 of settlement agreement (cc: counsel, Judge) (MD) (Entered: 09/04/1996)
MAIL RETURNED: re: stipulation [33−1] addressed to Alfonso Jimenez (MD) (Entered: 09/12/1996)
MAIL RETURNED: re: stipulation [33−1] addressed to Aarturo Hernandez Gomez (MD) (Entered: 09/17/1996)
34 STIPULATIONi/MOTION for dismissal of complaint with prejudice (MD) (Entered: 10/10/1996)
LODGED ORDER: re: stipulation [34−1] (MD) (Entered: 10/10/1996)
35 STIPULATION and ORDER by Judge William L. Dwyer of dismissal with prejudice (cc: counsel, Judge, DEW) (MD) (Entered: 10/11/1996)
36 LETTER from Ernesto Lee Rivas (not a party in this case) (VK) (Entered: 07/02/2001)