1 R. Craig Settlemire (State Bar # 96173)

Stephen L. Mansell (State Bar # 227584) 2 Office of the County Counsel

3

County of Plumas 520 Main Street, Room 301

4 Quincy, CA 95971 Tel. (530) 283-6240

5 Fax (530) 283-6116

6 Attorneys for Defendants 7

8

9

10

IN THE UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12

13 PEDERSON, et al.,

14

Plaintiffs,

15

vs.

16 COUNTY OF PLUMAS, et al.,

17

Defendants.

Case No. CIV S-89-1659 JFM P
JOINT STIPULATION TO AMENDMENT OF CONSENT DECREE

18

19

Pursuant to Paragraph XII.A of the Consent Decree that was entered in this action on April 20,

20 1992, the Plaintiffs and Defendants hereby file a Joint Stipulation to Amendment of Consent Decree and

21 request that the Court approve such amendment by endorsing this stipulation below pursuant to Local 22 Rule 143(b)1. The parties do hereby stipulate that the Consent Decree is amended as follows:

23

1. Paragraph IV.A.1 is hereby amended in its entirety to read as follows: “Maintain an

24 inmate population no greater than (i) the rated capacity of the jail as rated by the Corrections Standards

25 Authority or (ii) the number of permanent individual beds available for inmates, whichever is less.

26

27 1 Paul T. Persons, one of the original attorneys representing the Plaintiffs, is deceased. Richard P. Herman is no longer 28 involved with the above-referenced case.

30

1

JOINT STIPULATION TO AMENDMENT OF CONSENT DECREE - CASE NO. CIV S-89-1659

31

JFM P

1 However, the Plumas County Jail shall not house an inmate population greater than that which may be

2 safely managed by the level of staffing maintained at the Jail, pursuant to standards and guidelines issued

3 by the Corrections Standards Authority.”

4

2. Paragraph IV.A.11 is hereby amended in its entirety to read as follows: “The Plumas

5 County Jail shall at all times be staffed by an appropriate number of correctional officers given the

6 inmate population, pursuant to the recommendations of the Corrections Standards Authority. Plumas

7 County agrees to implement any directions given by the Corrections Standards Authority with respect to

8 staffing at the Plumas County Jail. Each shift shall have a woman correctional officer and a designated

9 person with the authority to carry out the policies and procedure contained herein.”

10

3. Except as expressly set forth in this Joint Stipulation, all provisions of the Consent Decree

11 shall remain unchanged and in full force and effect.

12

Paragraph XII.A of the Consent Decree states that the Consent Decree may be modified or

13 amended only by this Court on duly noticed motion or by written stipulation of counsel. For the above

14 reasons, the parties hereby submit for Court approval this Joint Stipulation to Amendment of Consent

15 Decree.

16 IT IS SO STIPULATED.

17 Dated:
18

HADSELL, STORMER, KEENY, RICHARDSON & RENICK LLP

19

20

21

Dan Stormer

Attorney for Plaintiffs

22

23 Dated:

PAUL W. COMISKEY

24

25

26

Paul W. Comiskey

Attorney for Plaintiffs

27

28

30

2

JOINT STIPULATION TO AMENDMENT OF CONSENT DECREE - CASE NO. CIV S-89-1659

31

JFM P

1 Dated:

LAW OFFICES OF MICHAEL B. JACKSON

2

3
4
5 Dated:
6

Michael B. Jackson Attorney for Plaintiffs
OFFICE OF THE COUNTY COUNSEL, COUNTY OF PLUMAS

7

8

9

R. Craig Settlemire

Attorney for Defendants

10

11 IT IS SO ORDERED.

12 Date: 4/1/2013

13

14

15 16

DEAC_Signature-END:

17 ad4mc0d

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

18

19

20

21

22

23

24

25

26

27

28

30

3

JOINT STIPULATION TO AMENDMENT OF CONSENT DECREE - CASE NO. CIV S-89-1659

31

JFM P

 
 Case 2:89-cv-01659-KJN Document 49 Filed 03/27/15 Page 1 of 26

1 Dan Stormer, Esq. [S. B. #101967]

Lincoln Ellis, Esq. [S.B. # 283657]

2 HADSELL, STORMER & RENICK LLP

128 North Fair Oaks Avenue

3 Pasadena, California 91103-3645

Telephone: (626) 585-9600

4 Facsimile: (626) 577-7079

Email: dstormer@hadsellstormer.com

5

l.ellis@hadsellstormer.com

6 Paul W. Comiskey, Esq. [S.B. #65510] 3370 Rattlesnake Road
7 Newcastle, California 95658 Telephone: (916) 663-9090
8 Facsimile: (916) 663-9090 Email: paulcomiskey@hotmail.com
9
Attorneys for Plaintiffs 10

11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13

14 PEDERSEN, et al.,

15

Plaintiffs,

16

vs.

17 COUNTY OF PLUMAS, et al.,
18 Defendants.
19

20

21

22

) )

Case No: 2:89-cv-01659-JMF (PC)

)

) ) ) ) ) )

PLAINTIFFS’ REQUEST FOR STATUS CONFERENCE; DECLARATIONS OF LINCOLN ELLIS AND EXHIBITS IN SUPPORT THEREOF

)

)

)

)

)

)

)

)

23

24

25

26

27

28

PLTFS’ REQ FOR STAT CONF; DECLS OF ELLIS & EXHS

Case 2:89-cv-01659-KJN Document 49 Filed 03/27/15 Page 2 of 26

1

Plaintiffs’ Counsel in the above-captioned case request that the Court set a date

2 and time for a Status Conference during the month of May, 2015 or as soon thereafter as

3 the Court has availability. The request is based on the Declarations of Plaintiffs’

4 Counsel, Paul Comiskey and Lincoln Ellis, attached to this request.

5

6 DATED: March 27, 2015

Respectfully submitted,

7

HADSELL STORMER & RENICK LLP

8

9

By /s/ - Lincoln Ellis

Lincoln Ellis

10

Attorneys for Plaintiffs

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PLTFS’ REQ FOR STAT CONF;

DECLS OF ELLIS & EXHS

1

Case 2:89-cv-01659-KJN Document 49 Filed 03/27/15 Page 3 of 26
DECLARATION OF LINCOLN ELLIS

Case 2:89-cv-01659-KJN Document 49 Filed 03/27/15 Page 4 of 26

1

DECLARATION OF LINCOLN ELLIS

2

3

I, LINCOLN ELLIS, declare as follows:

4

1. I am an attorney licenced to practice in the State of California and am an

5 associate at Hadsell Stormer & Renick LLP, attorneys of record for Plaintiffs in

6 Pedersen, et al. v. County of Plumas, et al., Case No: 2:89-cv-01659-JMF (PC). I am

7 licenced to practice in California and am a member in good standing of the California

8 State Bar and the Eastern District of California. I have personal knowledge of the

9 matters set forth herein. If called upon to do so, I could and would competently testify to

10 the truth of the matters stated herein.

11

2. Attached hereto as Exhibit 1 is a true and correct copy of a declaration from

12 Paul Comiskey, co-counsel also representing Plaintiffs in this case, dated March 5, 2015.

13

3. Attached hereto as Exhibit 2 is a true and correct copy of the consent decree

14 entered in this case.

15

4. Plaintiffs’ counsel request a status conference, with the goal of obtaining the

16 Court’s assistance in addressing shortcomings in the County of Plumas’ attempts to

17 comply with the consent decree governing the County of Plumas Jail, which is set to

18 expire in 2018.

19

20

I declare under penalty of perjury under the law of the United States of America

21 that the foregoing is true and correct.

22

Executed this 27th day of March, 2015, in Pasadena, California.

23

24

/s/ - Lincoln Ellis

25

Lincoln Ellis

26

27

28

PLTFS’ REQ FOR STAT CONF;

DECLS OF ELLIS & EXHS

1

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 Case 2:89-cv-01659-KJN Document 52 Filed 04/17/15 Page 1 of 1

1

2

3

4

5

6

7

8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

11 WALTER PEDERSEN, et al.,

No. 2: 89-cv-1659 KJN P

12

Plaintiff,

13

v.

ORDER

14 COUNTY OF PLUMAS, et al.,

15

Defendants.

16

17

Plaintiffs in this action challenge the conditions at the Plumas County Jail. On April 20,

18 1992, a Consent Decree was entered. On March 18, 2013, the parties amended the Consent

19 Decree.

20

On March 27, 2015, plaintiffs’ counsel filed a request for a status conference. (ECF No.

21 49.) Plaintiffs’ counsel alleges that there has been insufficient progress regarding the rate of

22 compliance with the Consent Decree.

23

IT IS HEREBY ORDERED that within fourteen days of the date of this order, defendants

24 shall file a response to plaintiffs’ request for a status conference, setting forth the status of

25 compliance with the Consent Decree.

26 Dated: April 16, 2015

27
Ped1659.ord
28
1

 
 U.S. District Court Eastern District of California - Live System (Sacramento)
CIVIL DOCKET FOR CASE #: 2:89-cv-01659-KJN

(PC) Pedersen, et al v. Plumas, et al Assigned to: Magistrate Judge Kendall J. Newman Demand: $0 Cause: 42:1983 Prisoner Civil Rights

Date Filed: 12/04/1989 Date Terminated: 04/21/1992 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff Walter Pedersen

represented by Daniel Stormer Hadsell Stormer Renick & Dai LLP 128 N. Fair Oaks Ave. Pasadena, CA 91103 626-585-9600 Fax: 626-577-7079 Email: dstormer@hadsellstormer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lori Rifkin Rifkin Law Office 2855 Telegraph Ave Suite 517 Berkeley, CA 94705 510-414-4132 Email: lrifkin@rifkinlawoffice.com TERMINATED: 05/03/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Bruce Jackson Michael B. Jackson, Attorney at Law P.O. Box 207 Quincy, CA 95971 530-283-1007 Fax: 530-283-4999 Email: mjatty@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mohammad Tajsar

Hadsell Stormer & Renick LLP 128 N. Fair Oaks Avenue Pasadena, CA 91103 626-585-9600 Fax: 626-577-7079 Email: mtajsar@hadsellstormer.com TERMINATED: 09/28/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Wayne Comiskey Paul W. Comiskey, Attorney At Law 3370 Ratlesnake Road Newcastle, CA 95658 916-577-0696 Email: paulcomiskey@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Clay Washington Hadsell Stormer Renick & Dai LLP 128 N. Fair Oaks Ave. Pasadena, CA 91103 626-585-9600 Fax: 626-577-7079 Email: dwashington@hadsellstormer.com ATTORNEY TO BE NOTICED
Jordyn Ashley Bishop Hadsell Stormer & Renick LLP 4300 Horton Street #15 Emeryville, CA 94608 (626) 585-9600 Fax: (626) 577-7079 Email: jbishop@hadsellstormer.com TERMINATED: 05/03/2019 ATTORNEY TO BE NOTICED
Joshua Piovia-Scott Hadsell Stormer & Renick, LLP 4300 Horton Street, #15 Emeryville, CA 94608 415-685-3591 Fax: 626-577-7079 Email: jps@hadsellstormer.com

Plaintiff Cheryl Preston

TERMINATED: 10/18/2019 ATTORNEY TO BE NOTICED
Lincoln Wolf Ellis Hadsell Stormer and Renick, LLP 128 N. Fair Oaks Avenue Pasadena, CA 91103 (626) 585-9600 Fax: (625) 577-7079 Email: l.ellis@hadsellstormer.com TERMINATED: 05/21/2015
Paul Turner Persons Law Offices of Paul T Persons 1834 Arroyo Canyon Chico, CA 95928 916-893-4710 Email: ptpersons@aol.com TERMINATED: 03/20/2013
Richard P Herman Prisoner Rights Union PO Box 4108 Laguna Beach, CA 92652 949-494-9411 TERMINATED: 04/01/2015
represented by Daniel Stormer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lori Rifkin (See above for address) TERMINATED: 05/03/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mohammad Tajsar (See above for address) TERMINATED: 09/28/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Clay Washington

V. Defendant County Of Plumas

(See above for address) ATTORNEY TO BE NOTICED
Jordyn Ashley Bishop (See above for address) TERMINATED: 05/03/2019 ATTORNEY TO BE NOTICED
Joshua Piovia-Scott (See above for address) TERMINATED: 10/18/2019 ATTORNEY TO BE NOTICED
Lincoln Wolf Ellis (See above for address) TERMINATED: 05/21/2015
represented by Richard Craig Settlemire Plumas County Counsel 520 Main Street, Room 301 Quincy, CA 95971 530-283-6240 Fax: 530-283-6116 Email: csettlemire@countyofplumas.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen Leo Mansell El Dorado County Counsel 330 Fair Lane Placerville, CA 95667 530-621-5770-5784 Fax: 530-621-2937 Email: stephen.mansell@edcgov.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael S. Jamison County of Nevada Office of the County Counsel 950 Maidu Avenue Nevada City, CA 95959-6100

Defendant Richard MacKenzie

(530) 265-1319 Fax: (530) 265-9840 Email: mike.jamison@co.nevada.ca.us TERMINATED: 04/01/2015
represented by Stephen Leo Mansell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/12/1990
01/09/1991 01/31/1991 10/21/1991 10/24/1991 10/31/1991
11/01/1991 12/03/1991

# Docket Text
18 STIPULATION and ORDER by Honorable Lawrence K. Karlton : ordering that the sheriff will not hold in the jails any warrantless arrestee who has not been provided w/ a determination before a judge, commisssioner or a judge pro tem or probable cause for cont detention w/i 36 hrs of arrest; and, this o shall be entered as part of the final jgm or consent decree in this action.(cc: all counsel) (old) (Entered: 09/24/1990)
19 STATUS REPORT by plaintiff Walter Pedersen, plaintiff Cheryl Preston (old) (Entered: 01/10/1991)
20 NOTICE by plaintiff Walter Pedersen, plaintiff Cheryl Preston of change of firm name for attorney Stormer. (old) (Entered: 02/08/1991)
LODGED substitution of Dan Stormer, Hadsell & Stormer, as atty of rec for plaintiff in the place of Dan Stormer, Litt & Stormer not to be signed (old) Modified on 11/26/1991 (Entered: 10/22/1991)
LODGED referral of action to magistrate by plaintiff not to be signed (old) Modified on 10/31/1991 (Entered: 10/25/1991)
21 ORDER by Honorable Lawrence K. Karlton Case reassigned to Judge John F. Moulds; any dates set bef LKK are hereby vacated; reserved 11/8/91 (cc: all counsel) (old) Modified on 11/08/1991 (Entered: 10/31/1991)
22 MAIL Returned [21-2] addressed to plaintiff Walter Pedersen, plaintiff Cheryl Preston mailed to Paul Comisky (old) Modified on 11/08/1991 (Entered: 11/01/1991)
23 ORDER by Judge John F. Moulds ORDERING: parties shall file and serve a joint status report addressing the status of the proposed consent decree within 30 days of the date of this order (cc: all counsel) (old) (Entered: 12/03/1991)

01/10/1992 01/21/1992 01/21/1992
02/10/1992 02/10/1992 02/10/1992 02/20/1992 03/03/1992
04/20/1992 04/20/1992 04/21/1992
05/06/1992 05/19/1992
06/03/1992

24 JOINT STATUS REPORT by defendant County Of Plumas (old) (Entered: 01/10/1992)
25 ORDER by Judge John F. Moulds for certification of class action status. (cc: all counsel) (old) (Entered: 01/21/1992)
26 ORDER by Judge John F. Moulds; The court orders that he proposed Consent Decree, accompanying exhibits, and a proposed notcie to the class be submitted to the court no later than 2/10/92 (cc: all counsel) (old) (Entered: 01/21/1992)
LODGED application for approval of consent decree, notice to class and settlement hrg from plaintiff (old) (Entered: 02/11/1992)
LODGED consent decree from plaintiffs (old) (Entered: 02/11/1992)
27 PROOF OF SERVICE by plaintiff Walter Pedersen, plaintiff Cheryl Preston of lodged [0-1], lodged [0-1] (old) (Entered: 02/11/1992)
28 APPLICATION by plaintiff for approvak of consent decree, notice to class and settlement hearing (old) (Entered: 03/03/1992)
29 ORDER by Judge John F Mould ORDERING: the court will hold a hearing on 4/30/92 to determine whether, the Consent Decree filed in this case should be appproved by the court (cc: all counsel) (old) (Entered: 03/03/1992)
31 DECLARATION of Michael Jamison, attorney for defendants (old) (Entered: 04/23/1992)
32 DECLARATION of Kate West for the defendants (old) (Entered: 04/23/1992)
30 ORDER by Judge John F Moulds ORDERING: consent decree lodged 2/10/92 is hereby approved and entered; the settlement hearing set for 4/30/92 is VACATED all parties RE-SERVED on 4/28/92: defendant's not initially served (cc: all counsel) (old) Modified on 04/28/1992 (Entered: 04/21/1992)
LODGED stipulation re continuance of motion for cost (old) (Entered: 05/06/1992)
33 STIPULATION and ORDER by Judge John F Moulds ORDERING: lodged stipulation GRANTED [0-1]; the motion for cost's and expenses may be filed and heard with the attorney fee motion to be filed within 30 days of the entry of judgment filed on 4/21/92 (cc: all counsel) (old) (Entered: 05/19/1992)
LODGED stipulation RE: attorneys' fees and costs (old) (Entered: 06/04/1992)

06/12/1992
07/30/1997 07/30/1997 08/05/1997 08/08/1997 08/18/1997
01/05/2004 01/06/2004 02/06/2004
02/11/2004 11/04/2004
09/27/2006

34 STIPULATION and ORDER RE ATTORNEYS' FEES by Judge John F Moulds ORDERING plaintiffs' shall receive attorneys' fees and costs for their work in the total sum of $65,000.00 to be paid in full to Paul Persons by 6/15/92 (cc: all counsel) (kh) (Entered: 06/12/1992)
36 PETITION by James Miller for Order to Show Cause (ch) (Entered: 08/08/1997)
37 LETTER to court from James Miller requesting if his petition on the consent decree has been heard (ch) Modified on 08/08/1997 (Entered: 08/08/1997)
35 LETTER to court from James Miller, that all parties have been notified (ch) (Entered: 08/06/1997)
38 LETTER to court from plaintiff James Miller regarding continual civil rights violations (old) Modified on 08/14/1997 (Entered: 08/11/1997)
39 ORDER by Magistrate Judge John F. Moulds ORDERING petition for order to show cause filed on 7/30/97 is [36-1] DENIED and the Clerk of the Court is directed to serve upon counsel for pltfs a copy of each document submitted for filing in this action on July 30, August 5 and August 8, 1997 (cc: all counsel) (ch) (Entered: 08/18/1997)
40 LETTER to court from Gerald Miller (non-party) regarding an Order to Show Cause (sk) (Entered: 01/06/2004)
41 LETTER to court from Gerald A Miller (non-party) (sk) (Entered: 01/07/2004)
42 ORDER by John F Moulds Magistrate Judge ORDERING re letter filed 1/6/04 [41-1], and letter filed 1/5/04 by non-party Gerald Miller [40-1] shall be placed in the file and disregarded; Clerk shall forward a copy of the letters to Paul A. Comiskey, counsel for pltfs in this action; Clerk is directed to serve a copy of this order on non-party Gerald Miller at address on document #41 (cc: all counsel) (daw) (Entered: 02/06/2004)
43 LETTER to court from Gerald A Miller (non-party) (sk) (Entered: 02/12/2004)
44 ORDER by Magistrate Judge John F. Moulds ORDERED that the Clerk shall forward a copy of Mr Miller's letter to Paul A Comiskey, thereafter the letter shall be placed in the court file and disregarded; the Clerk is directed to serve a copy of this order on Gerald Miller [43-1] (cc: all counsel) (sk) (Entered: 11/04/2004)
45 Enforcement of Consent Decree "Order to Show Cause by Gerald A. Miller. (Mena-Sanchez, L) (Entered: 09/28/2006)

03/18/2013 03/19/2013 04/01/2013 04/01/2013 04/24/2013 03/27/2015 04/01/2015 04/09/2015 04/17/2015
05/04/2015 05/20/2015
05/21/2015

46 STIPULATION and PROPOSED ORDER for Amendment of Consent Decree re 30 Scheduling Order,,, by County Of Plumas. Attorney Mansell, Stephen Leo added. (Mansell, Stephen) (Entered: 03/18/2013)
47 CERTIFICATE of SERVICE by County Of Plumas re 46 Stipulation and Proposed Order. (Mansell, Stephen) (Entered: 03/19/2013)
48 JOINT STIPULATION to AMENDMENT of CONSENT DECREE signed by Magistrate Judge Kendall J. Newman on 4/1/13. (Dillon, M) (Entered: 04/01/2013)
SERVICE BY MAIL: 48 Order served on Richard P Herman, Dan Lewis Stormer. (Dillon, M) (Entered: 04/01/2013)
MAIL RETURNED as Undeliverable, Not deliverable as addressed; unable to forward: 48 Order sent to Richard P. Herman. Notice of Change of Address due by 7/1/2013. (Meuleman, A) (Entered: 04/25/2013)
49 REQUEST for Plaintiffs Request for Status Conference; Declaration of Lincoln Ellis and Exhibits in Support Thereof by Walter Pedersen, Cheryl Preston. Attorney Ellis, Lincoln Wolf added. (Ellis, Lincoln) (Entered: 03/27/2015)
50 ORDER by Chief Judge Morrison C. England, Jr.: Due to the retirement of Magistrate Judge * John F. Moulds* from the bench of the Eastern District, this action is reassigned to *Magistrate Judge Kendall J. Newman* for all further proceedings. (Donati, J) (Entered: 04/01/2015)
51 CERTIFICATE of SERVICE by Walter Pedersen, Cheryl Preston re 49 Request. (Ellis, Lincoln) (Entered: 04/09/2015)
52 ORDER signed by Magistrate Judge Kendall J. Newman on 4/16/15 ORDERING that within fourteen days of the date of this order, defendants shall file a response to plaintiffs request for a status conference, setting forth the status of compliance with the Consent Decree.(Dillon, M) (Entered: 04/17/2015)
53 RESPONSE by County Of Plumas to 52 Order,. (Mansell, Stephen) (Entered: 05/04/2015)
54 ORDER signed by Magistrate Judge Kendall J. Newman on 5/20/15 ORDERING that a status conference is set for June 25, 2015, at 10:00 a.m., before the undersigned; On or before June 19, 2015, the parties shall file a joint status report containing proposals for how and a timeline to address the alleged deficiencies in mental health care and the law library.(Dillon, M) (Entered: 05/20/2015)
55 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Mohammad Tajsar for Walter Pedersen,Mohammad Tajsar for Cheryl Preston, attorney Lincoln Wolf Ellis terminated (Attachments: # 1 Proof

06/19/2015 06/25/2015
07/01/2015 07/06/2015 07/23/2015 07/29/2015 07/31/2015

of Service on Non-Registered CM/ECF Users)(Tajsar, Mohammad) (Entered: 05/21/2015)
56 JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Tajsar, Mohammad) (Entered: 06/19/2015)
57 MINUTES for STATUS CONFERENCE proceedings before Magistrate Judge Kendall J. Newman on 6/25/2015: Court and counsel conferred re the status of the case. Parties agreed to set this matter for settlement conference and will file a joint request with proposed dates. Plaintiffs Counsel Mohammed Tajsar, Paul Comiskey present. Defendants Counsel Stephen Mansell present. Court Reporter/CD Number: 1 of 1. (Text Only) (Caspar, M) (Entered: 06/26/2015)
58 NOTICE of waiver of disqualification of settlement judge) by Walter Pedersen, Cheryl Preston. (Attachments: # 1 Certificate of Service)(Tajsar, Mohammad) Modified on 7/2/2015 (Plummer, M). (Entered: 07/01/2015)
59 NOTICE of waiver of disqualification of settlement judge pursuant to local rule 270(b) by All Defendants. Attorney Mansell, Stephen Leo added. (Mansell, Stephen) Modified on 7/7/2015 (Plummer, M). (Entered: 07/06/2015)
60 STIPULATION and PROPOSED ORDER for SCHEDULE OF EVENTS RELATING TO MEETING IN THE FORM OF A SETTLEMENT CONFERENCE by County Of Plumas. (Mansell, Stephen) (Entered: 07/23/2015)
61 STIPULATION and PROPOSED ORDER for AMENDED SCHEDULE OF EVENTS RELATING TO MEETING IN THE FORM OF A SETTLEMENT CONFERENCE re 60 Stipulation and Proposed Order by County Of Plumas. (Mansell, Stephen) (Entered: 07/29/2015)
62 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/15. No later than August 28, 2015: Defendants shall file their settlement brief setting forth their position on outstanding issues relating to the consent decree. No later than October 2, 2015: Plaintiffs shall file their settlement brief responding to the issues raised in Defendants brief, and raising any additional issues Plaintiffs would like to address. On Friday, October 30, 2015 at 10:30 a.m., the Magistrate Judge and members of his staff shall participate in a tour of the Plumas County Correctional Center, located at 50 Abernathy Lane, Quincy, California 95971. The parties and their attorneys may be present during this tour. On Monday, November 2, 2015 at 10 a.m., the parties, their attorneys, and the Magistrate Judge shall meet in Courtroom 25 to participate in a meeting in the form of a settlement conference to discuss the outstanding issues relating to the consent decree.(Dillon, M) (Entered: 07/31/2015)

08/28/2015 09/02/2015 09/08/2015 09/09/2015 10/09/2015 11/02/2015
12/22/2015 01/07/2016
01/21/2016

63 STIPULATION and PROPOSED ORDER for REVISION OF SETTLEMENT CONFERENCE BRIEFING SCHEDULE by County Of Plumas. (Mansell, Stephen) (Entered: 08/28/2015)
64 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 9/2/15. No later than September 4, 2015: Defendants shall file their settlement brief. No later than October 9, 2015: Plaintiffs shall file their settlement brief. All other events shall occur as previously scheduled. (Dillon, M) (Entered: 09/02/2015)
65 BRIEF IN ADVANCE OF QUASI-SETTLEMENT CONFERENCE by County Of Plumas. (Mansell, Stephen) (Entered: 09/08/2015)
66 DECLARATION of Chad Hermann re 65 Brief. (Attachments: # 1 Exhibits A to E, # 2 Exhibits F to J, # 3 Exhibits K to P)(Mansell, Stephen) Modified on 9/9/2015 (Dillon, M). (Entered: 09/09/2015)
67 BRIEF in Advance of Settlement Conference by Walter Pedersen, Cheryl Preston. (Attachments: # 1 Declaration of Paul W. Comiskey)(Tajsar, Mohammad) Modified on 10/21/2015 (Yin, K). (Entered: 10/09/2015)
68 MINUTES for SETTLEMENT CONFERENCE proceedings before Magistrate Judge Kendall J. Newman on 11/2/2015: After settlement negotiations held, the case did not settle. The parties are directed to exchange additional information within six weeks. The parties are further directed to coordinate a status conference date within seven weeks. Plaintiffs Counsel Paul Comiskey, Mohammad Tajsar present. Defendants Counsel Steve Mansell present. (Text Only) (Caspar, M) (Entered: 11/02/2015)
69 JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Tajsar, Mohammad) (Entered: 12/22/2015)
70 MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 1/7/2016: ORDERING that, pursuant to the parties request contained in the joint status report 69 a Status Conference is set for 1/21/2016 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Appearance by phone is authorized. Counsel is directed to contact Courtroom Deputy Pete Buzo at (916) 930-4128 by 1/19/2016 for instructions to appear telephonically. (TEXT ONLY)(Caspar, M) (Entered: 01/07/2016)
71 MINUTES IN A PRISONER CASE (TEXT ONLY) for proceedings held before Judge Magistrate Judge Kendall J. Newman: STATUS CONFERENCE held on 1/21/2016. Court addressed status of case. Mr. Tajsar informed court of informal discovery, provided update, and requested a further status conference in the summer. Court to issue order requiring a joint status reports due the middle of June and parties directed to include possible dates for a further status conference. Court to issue

01/22/2016 06/09/2016 06/15/2016 08/04/2016 08/11/2016
08/19/2016 08/24/2016

written order. Plaintiffs Counsel Mohammad Tajsar, Paul Comiskey, telephonic. Defendants Counsel Stephen Mansell, telephonic. Court Reporter/CD Number: ECRO/1. (Buzo, P) (Entered: 01/21/2016)
72 ORDER signed by Magistrate Judge Kendall J. Newman on 01/22/16 ORDERING that the parties shall file a joint status report by 06/10/16; the joint status report shall propose alternative dates for an in-person status conference before the undersigned in July 2016 and/or August 2016. (Benson, A) (Entered: 01/22/2016)
73 JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Tajsar, Mohammad) (Entered: 06/09/2016)
74 MINUTE ORDER by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 6/15/2016: ORDERING that a Status Conference is set for 8/4/2016 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (TEXT ONLY)(Caspar, M) (Entered: 06/15/2016)
75 MINUTES for STATUS CONFERENCE proceedings before Magistrate Judge Kendall J. Newman on 8/4/2016: Court and counsel conferred regarding case status. Counsel ordered to file a stipulation and proposed briefing schedule and further status conference date. Order to issue. Plaintiffs Counsel Mohammad Tajsar and Paul Comiskey present. Defendants Counsel Stephen Mansell present. ECRO/CD Number: 1 of 1. (Text Only) (Caspar, M) (Entered: 08/04/2016)
76 ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/16 ORDERING that on or before Friday, August 19, 2016, the parties shall file a stipulation setting a date for a further status conference in January or February 2017 to address those issues on which the parties are near resolution (medical care, mental health care, law library, exercise, staffing). The stipulation will also set a date for the parties to file a further status report two weeks prior to the 2017 status conference; The stipulation shall also set a briefing schedule for the denture issue; defendants shall file their briefing one month prior to the January or February 2017 status conference; plaintiffs shall file their briefing two weeks prior to the 2017 status conference.(Dillon, M) (Entered: 08/11/2016)
77 STIPULATION and PROPOSED ORDER for SCHEDULE OF EVENTS RELATING TO MOTIONS TO ENFORCE AND/OR AMEND CONSENT DECREE by County Of Plumas. (Mansell, Stephen) (Entered: 08/19/2016)
78 ORDER signed by Magistrate Judge Kendall J. Newman on 08/24/16 ordering No later than October 28, 2016, plaintiffs shall file their motion to enforce the consent decree. No later than November 23, 2016, defendants shall file their opposition to plaintiffs motion, and their motion to amend the consent decree. No later than December 23, 2016, plaintiffs

10/28/2016 11/22/2016 11/23/2016 12/23/2016 01/19/2017 02/02/2017
02/08/2017

shall file their reply brief on the motion to enforce the consent decree, and their opposition to defendants motion. No later than January 23, 2017, defendants shall file their reply brief on the motion to amend the consent decree. On or before January 19, 2017, the parties shall file a joint status report addressing those issues on which they are near resolution. (Further Status Conference set for 2/2/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) (Plummer, M) (Entered: 08/24/2016)
79 MOTION to ENFORCE JUDGMENT (Consent Decree) by Walter Pedersen, Cheryl Preston. Motion Hearing set for 2/2/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: # 1 Declaration of Mohammad Tajsar, # 2 Exhibit 112)(Tajsar, Mohammad) (Entered: 10/28/2016)
80 OPPOSITION by County Of Plumas to 79 MOTION to ENFORCE JUDGMENT (Consent Decree). Attorney Settlemire, Richard Craig added. (Attachments: # 1 Declaration Kelley, # 2 Declaration Hermann, # 3 Exhibit)(Settlemire, Richard) Modified on 11/23/2016 (Plummer, M). (Entered: 11/22/2016)
81 MOTION to MODIFY Consent Decree by County Of Plumas. Motion Hearing set for 2/2/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: # 1 Declaration Hermann, # 2 Exhibits to Declaration)(Settlemire, Richard) Modified on 12/27/2016 (Yin, K). (Entered: 11/23/2016)
82 JOINT REPLY by Plaintiffs in SUPPORT of 79 Motion to Enforce Consent Decree and OPPOSITION to 81 Motion to Modify Consent Decree. (Attachments: # 1 Declaration of Paul Comiskey, # 2 Declaration of Gerald E. Nichols)(Tajsar, Mohammad) Modified on 12/27/2016 (Yin, K). (Entered: 12/23/2016)
83 JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Tajsar, Mohammad) (Entered: 01/19/2017)
84 MINUTES for STATUS CONFERENCE and MOTION HEARING proceedings before Magistrate Judge Kendall J. Newman held on 2/2/2017: Court and counsel conferred regarding plaintiff's motoin to enforce the judgment 79 , defendants' motion to modify the consent decree 81 and the status of the case. Order to issue. Plaintiffs Counsel Mohammad Tajsar and Paul Comisky present. Defendants Counsel Craig Settlemire present. ECRO/CD Number: 1 of 1. (Text Only) (Caspar, M) (Entered: 02/02/2017)
85 ORDER signed by Magistrate Judge Kendall J. Newman on 2/8/17 ORDERING that on or before March 16, 2017, defendants shall file a report addressing the status of medical accreditation; A further status conference addressing all outstanding issues is set for August 10, 2017, at

03/17/2017 05/01/2017 05/01/2017 05/04/2017 05/10/2017
05/11/2017 05/19/2017

9:00 a.m., before the undersigned; the parties shall file a joint status report on or before July 21, 2017; On or before May 1, 2017, the parties shall file a joint status report addressing the dental care issues discussed above; Plaintiffs' motion to enforce the consent decree (ECF No. 79 ) is GRANTED; Defendants' motion to modify the consent decree (ECF No. 81 ) is DENIED.(Dillon, M) (Entered: 02/08/2017)
86 STATUS REPORT by County Of Plumas. (Attachments: # 1 Exhibit Exhibit A to Def. Status Report, # 2 Exhibit Exhibit B to Def. Status Report)(Settlemire, Richard) (Entered: 03/17/2017)
87 STATUS REPORT by Walter Pedersen, Cheryl Preston. (Attachments: # 1 Declaration)(Tajsar, Mohammad) (Entered: 05/01/2017)
88 STATUS REPORT by County Of Plumas. (Settlemire, Richard) (Entered: 05/01/2017)
89 ORDER signed by Magistrate Judge Kendall J. Newman on 5/3/2017 SETTING a Telephonic Status Conference for 5/10/2017 at 10:00 AM before Magistrate Judge Kendall J. Newman. (Henshaw, R) (Entered: 05/04/2017)
90 MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: TELEPHONIC STATUS CONFERENCE held on 5/10/2017. Counsel present appearing telephonically. Court and counsel discussed the status reports (ECF Nos. 87 and 88 ) filed by parties. After hearing from parties, the Court instructed counsel to meet and confer regarding the issues noted on the record. The Court further instructed plaintiff's counsel to notify the Court within 30 days if there have been no communications with defense counsel. The Court ORDERED defense counsel sanctioned in the amount of $250 payable to the Clerk of the

Court. The schedule of the case per the Court's Order (ECF No. 85 ) remains in effect. Plaintiffs Counsel Mohammad Tajsar and Paul Comiskey present by telephone. Defendants Counsel Craig Settlemire present by telephone. Court Reporter: ECRO. (Shaddox-Waldrop, A) (Entered: 05/10/2017)
91 ORDER signed by Magistrate Judge Kendall J. Newman on 5/11/2017 ORDERING defense counsel to pay sanctions of $250 to the Clerk of Court within 14 days of the date of this order. Joint status report, to be filed 7/21/2017, shall also address dental care issues discussed in 2/8/2017 order. (Henshaw, R) (Entered: 05/11/2017)
RECEIPT number #CAE200082160 $250.00 by R. Craig Settlemire on

5/19/2017 re 91 05/19/2017)

Order for Sanctions. (Michel, G.) (Entered:

05/22/2017 07/21/2017 08/10/2017
08/11/2017
09/28/2017 10/27/2017 10/30/2017
11/01/2017 11/03/2017
02/21/2018

92 NOTICE of APPEARANCE by Lori Rifkin on behalf of Walter Pedersen, Cheryl Preston. Attorney Rifkin, Lori added. (Rifkin, Lori) (Entered: 05/22/2017)
93 JOINT STATUS REPORT by Walter Pedersen. (Tajsar, Mohammad) (Entered: 07/21/2017)
95 MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: STATUS CONFERENCE RE: SETTLEMENT held on 8/10/2017. The Court and parties further discussed settlement off the record. Order to issue. Plaintiffs Counsel Lori Rifkin and Paul Comisky present. Defendants Counsel Craig Settlemire present. (Waldrop, A) (Entered: 08/11/2017)
94 ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/2017 ORDERING a further Status/Settlement Conference is set for 11/3/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. No later than 4:00 p.m. on 10/27/2017, the parties shall file a joint status report and draft amended consent decree. (Yin, K) (Entered: 08/11/2017)
96 NOTICE of Withdrawal of Individual Counsel by Walter Pedersen. (Rifkin, Lori) (Entered: 09/28/2017)
97 JOINT STATUS REPORT by Walter Pedersen. (Attachments: # 1 Exhibit A)(Rifkin, Lori) (Entered: 10/27/2017)
98 MINUTE ORDER issued by Courtroom Deputy A. Waldrop for Magistrate Judge Kendall J. Newman on 10/30/2017: The prior order directing the parties to file an amended consent decree (ECF No. 94 ) is WITHDRAWN. If the parties wish, they may file a supplemental status report before the close of business on November 1, 2017. (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 10/30/2017)
99 SUPPLEMENTAL JOINT STATUS REPORT by Walter Pedersen. (Rifkin, Lori) Modified on 11/2/2017 (Plummer, M). (Entered: 11/01/2017)
100 MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: STATUS CONFERENCE/SETTLEMENT CONFERENCE held on 11/3/2017. Counsel for parties present. Progress continued to be made in the matter. Court set the case for further Status Conference on 3/23/2018 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are to submit an updated joint status report by 4:00 PM on 3/16/2018. Plaintiffs Counsel Lori Rifkin and Paul Comisky present. Defendants Counsel Craig Settlemire present. (Waldrop, A) (Entered: 11/03/2017)
101 MINUTE ORDER issued by Courtroom Deputy J. Streeter for Magistrate Judge Kendall J. Newman on 2/21/2018: On the Court's own motion, the

03/15/2018 03/23/2018 03/30/2018
07/18/2018 09/05/2018
10/03/2018 10/09/2018 10/15/2018

3/23/2018 Status Conference is RESET for 3/30/2018 at 9:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (TEXT ONLY ENTRY)(Streeter, J) (Entered: 02/21/2018)
102 MINUTE ORDER issued by Courtroom Deputy A. Waldrop for Magistrate Judge Kendall J. Newman on 3/15/2018: In light of the 3/30/2018 Status Conference before Judge Newman, parties are to submit an updated joint status report by 4:00 PM on 3/23/2018. (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 03/15/2018)
103 JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Rifkin, Lori) (Entered: 03/23/2018)
104 MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: STATUS CONFERENCE/SETTLEMENT CONFERENCE held on 3/30/2018. Counsel for parties present. Progress continued to be made in the matter. Parties are to submit a joint status report by 4:00 PM on 7/18/2018, to be followed by a telephonic conference re: status if necessary or required by either party. Court set the case for further Status Conference on 9/21/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are to submit an updated joint status report for the status conference/settlement conference by 4:00 PM on 9/14/2018. Plaintiffs Counsel Lori Rifkin and Paul Comisky present. Defendants Counsel Craig Settlemire present. (Waldrop, A) (Entered: 03/30/2018)
105 JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Rifkin, Lori) (Entered: 07/18/2018)
106 MINUTE ORDER issued by Courtroom Deputy A. Waldrop for Magistrate Judge Kendall J. Newman on 9/5/2018: After communications with the parties and on the Court's own motion, the 9/21/2018 Status Conference is CONTINUED to, 10/15/2018 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are to submit an updated joint status report for the status conference/settlement conference by 4:00 PM on 10/9/2018. (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 09/05/2018)
107 NOTICE of APPEARANCE by Jordyn Ashley Bishop on behalf of Walter Pedersen, Cheryl Preston. Attorney Bishop, Jordyn Ashley added. (Bishop, Jordyn) (Entered: 10/03/2018)
108 JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Bishop, Jordyn) (Entered: 10/09/2018)
109 MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: STATUS CONFERENCE/SETTLEMENT CONFERENCE held on 10/15/2018. Counsel for parties present. Progress continued to be made in the matter. By 1/15/2019, the County is to submit to the Court

02/15/2019 02/22/2019
05/03/2019 05/03/2019 05/20/2019 05/20/2019 05/21/2019

and plaintiff's counsel, a report addressing the status of compliance with consent decree as well as steps towards IMQ accreditation. This report should not be filed with the Court, but sent via email to kjnorders@caed.uscourts.gov. The Court set the case for further Status Conference on 2/22/2019 at 9:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are to submit an updated joint status report for the status conference/settlement conference by 4:00 PM on 2/15/2019. Plaintiffs Counsel Lori Rifkin, Paul Comisky, and Jordan Bishop present. Defendants Counsel Craig Settlemire present. (Waldrop, A) (Entered: 10/15/2018)
110 JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Bishop, Jordyn) (Entered: 02/15/2019)
111 MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: STATUS CONFERENCE/SETTLEMENT CONFERENCE held on 2/22/2019: Counsel for parties present. Progress continued to be made in the matter. By noon on 4/26/2019, the County is to provide a detailed report to the Court and plaintiff's counsel, regarding its compliance with outstanding issues in this litigation as well as steps toward IMQ or NCCHC accreditation. This report should not be filed with the Court, but sent via email to kjnorders@caed.uscourts.gov. The Court sets the case for further Status Conference on 5/24/2019 at 9:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are to submit an updated joint status report for the status conference/settlement conference by 12:00 PM on 5/20/2019. Plaintiffs Counsel Lori Rifkin, Paul Comisky, and Jordan Bishop present. Defendants Counsel Craig Settlemire present (Waldrop, A) (Entered: 02/22/2019)
112 NOTICE of APPEARANCE by Joshua Piovia-Scott on behalf of Walter Pedersen, Cheryl Preston. Attorney Piovia-Scott, Joshua added. (PioviaScott, Joshua) (Entered: 05/03/2019)
113 NOTICE of Withdrawal of Individual Counsel by Walter Pedersen, Cheryl Preston. (Piovia-Scott, Joshua) Modified on 5/6/2019 (Plummer, M). (Entered: 05/03/2019)
114 STIPULATION and PROPOSED ORDER for Attorneys' Fees and Costs by Walter Pedersen. (Attachments: # 1 Proposed Order)(Piovia-Scott, Joshua) (Entered: 05/20/2019)
115 JOINT STATUS REPORT by Walter Pedersen. (Piovia-Scott, Joshua) (Entered: 05/20/2019)
116 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 5/21/2019: On the Court's own motion the 5/24/2019 Status Conference before Judge Newman is RESET for the same date, 5/24/2019 at 09:30 AM in Courtroom 25 (KJN) before

05/24/2019
05/29/2019 05/29/2019
10/18/2019 10/18/2019 01/29/2020 01/31/2020

Magistrate Judge Kendall J. Newman. (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 05/21/2019)
117 MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: STATUS CONFERENCE/SETTLEMENT CONFERENCE held on 5/24/2019: Counsel for parties present. Progress continued to be made in the matter. The Court sets the case for further Status Conference on 2/7/2020 at 9:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are to submit an updated joint status report for the status conference/settlement conference by 12:00 PM on 1/31/2020. Plaintiffs Counsel Paul Comisky and Joshue Piova-Scott present. Defendants Counsel Craig Settlemire present. (Waldrop, A) (Entered: 05/24/2019)
118 ORDER signed by Magistrate Judge Kendall J. Newman on 5/29/2019 ORDERING defendant Plumas County shall pay plaintiffs counsel a total of $286,694.25 for the attorneys fees and costs in this case through 12/31/2017. This payment will be made in three equal installments of $95,564.75 over three fiscal years. These annual payments will be made in fiscal years 2019, 2020 and 2021. (Henshaw, R) (Entered: 05/29/2019)
119 ORDER signed by Magistrate Judge Kendall J. Newman on 5/29/2019 ORDERING defendant to submit for NCCHC accreditation on or before 1/2020 and ORDERING plaintiffs' counsel, within 60 days of the date of this order, to send defendant a breakdown of attorneys' fees from 1/1/2018 to date, send defendant a proposal for length of monitoring period for amended consent decree, as described in this order, and send defendant a proposed draft amended consent decree. (Henshaw, R) (Entered: 05/29/2019)
120 NOTICE of FIRM NAME CHANGE by Daniel Stormer. Attorney Stormer, Daniel added. (Stormer, Daniel) Modified on 10/21/2019 (Plummer, M). (Entered: 10/18/2019)
121 NOTICE of WITHDRAWAL of COUNSEL by Walter Pedersen, Cheryl Preston. (Stormer, Daniel) Modified on 10/21/2019 (Plummer, M). (Entered: 10/18/2019)
122 JOINT STATUS REPORT by County Of Plumas. (Settlemire, Richard) (Entered: 01/29/2020)
123 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 1/31/2020: In light of the parties' request noted in their Joint Status Report (ECF No. 122 ), the Status Conference is RESET for 5/29/2020 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are to submit an updated joint status report for the status conference/settlement conference by 12:00 PM on 5/22/2020. (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 01/31/2020)

02/26/2020 05/21/2020 05/26/2020
09/17/2020 09/17/2020

124 NOTICE of APPEARANCE by David Clay Washington on behalf of Walter Pedersen, Cheryl Preston. Attorney Washington, David Clay added. (Washington, David) (Entered: 02/26/2020)
125 JOINT STATUS REPORT by County Of Plumas. (Attachments: # 1 Exhibit)(Settlemire, Richard) (Entered: 05/21/2020)
126 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 5/26/2020: In light of the parties' request noted in their Joint Status Report (ECF No. 125 ), the Status Conference is RESET for 9/25/2020 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are to submit an updated joint status report for the status conference/settlement conference by 12:00 PM on 9/18/2020. (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 05/26/2020)
127 JOINT STATUS REPORT by County Of Plumas. (Settlemire, Richard) (Entered: 09/17/2020)
128 MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Kendall J. Newman on 9/17/2020: In light of the parties' request noted in their Joint Status Report (ECF No. 127 ), the Status Conference is RESET for 12/18/2020 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are to submit an updated joint status report for the status conference by 12:00 PM on 12/11/2020. (TEXT ONLY ENTRY)(Kennison, L) (Entered: 09/17/2020)

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Kanarek
2:89-cv01659-KJN
1.10

 
 ,. Paul W. Comiskey
i.t
PRISONERS RIGHTS UNION
2310 J Street, P.O. Box 1019
1 Sacramento, CA 95812-1019
2 (916) 325-2701

3 Richard P. Herman
229 Marine Avenue

4 P.O. Box 328

5

Balboa Island, CA 92662 (714) 673-7670

6 Paul T. Persons
7 1834 Arroyo Canyon
Chico, CA 95928
8 {916) 893-4710

9 Dan Stormer 10 Stormer and Litt
3550 Wilshire Blvd., #1200
11 Los Angeles, CA 90010
(213) 386-4303
12

13

Michael Jackson P.O. Box 207

14 Quincy, CA 95971

15 Attorneys For Plaintiffs

16

17

UNITED STATES DISTRICT COURT

18

EASTERN DISTRICT OF CALIFORNIA

19 PEDERSON, et. al.

)

)

20

Plaintiff,

)

21

)

vs.

)

22

)

THE COUNTY OF PLUMAS, et. at.,
23

) )

24 _________D_e_fe_n_d_an_ts_.__________________)}

25

CASE NO. 89-1659 LKK-JFM
Consent Decree

26 I. jNTRODUCTION

27

A. This is an action pertaining to the conditions in the Plumas

28

County Jaii(Jail), brought by Walter Pederson and Cheryl Preston, certified as a class action, comprised of all present and future prisoners incarcerated in the Plumas County Jail. The Complaint For Injunctive Relief alleges that plaintiffs rights, privileges and immunities arising under the Constitution, (First, Fourth, Eighth and Fourteenth Amendments) and Laws of the United States have been abridged by the individual defendants, acting under color of law. The plaintiffs are represented by attorneys:

Paul Comiskey

10

Prisoners Rights Union

2310 J Street, P.O. Box 1019

11

Sacramento, CA 95812- i 019

12

Richard P. Herman

13

229 Marine Avenue

Balboa Island, CA 92662

14

15.1

Paui T. Persons i 834 Arroyo Canyon Drive

1~ I
-~II

Chico, California 95928

17

Dan Stormer

Litt and Stormer

18

3550 Wilshire Blvd., Suite #i 200

19

Los Angeles, CA 9001 0

20

Michaei Jackson P.O. Box 207

21

Quincy, CA 95971

22

23

The Defendant Richard Mackenzie, individuaiiy and as Sheriff of the

24 County of Plumas, and defendant County of Plumas are represented by

25 attorneys: 26
27
28

Robert Shulman,County Counsel Michael Jamison, Deputy County Counsel
P. 0. Box 10388 Quincy, CA 95971-6010

2

B. All the parties by and through their undersigned counsel hereby

1 present to the Court for its consideration and adoption the within
2 Consent Decree, offered in resolution of all issues raised in the above3
captioned matter, excepting use of the safety cell/rubber room and 4
attorney fees and costs to be heard and determined by separate motion. 5 6 However, it is expressly understood by the parties that if the Court
7 shall fail or refuse to approve this Consent Decree, it shall become null

8 and void and without any force or effect and none of the parties shall be

9 bound by it.

10
C. The parties, by their respective counsel, have agreed to the entry

11

of this Consent Decree and do hereby agree: 12

13

1. That the provisions of this Decree constitute the entire

14 consideration by the parties for the full settlement of the issues set

15 forth herein, excepting the issue of use of the safety cell/rubber room

16 which Plaintiffs contend is unconstitutional and Defendants contend is

17 properly used and the issue of attorney fees and costs, to be determined
18
by the court on separate motion;
19

20

2. That this Consent Decree is the entire agreement of the

21 parties as to the issues set forth herein:

22

3. That neither this Decree nor any provision thereof

23 constitutes evidence or admission of responsibility or liability of any
24 party as to any issue of law, equity, or tort raised by the pleading
25
herein, except that Plaintiffs shall be the prevailing party solely for the
26
27 purpose of determining attorney fees;

28

3

4. That the parties waive any statement of decision and/or

findings of fact and conclusions of law on the issues raised by the 1 2 pleading or otherwise, except as to attorney fees and costs and use of

3 the safety cell/rubber room; and

4

5. That the parties expressly waive the right to appeal, if any,

5 this Consent Decree, except as to the issue of attorney fees and costs
6 and use of the safety cell/rubber room.
7 D. Whenever the term "counsel" is used herein it sh*all refer to
8
91 counsel of record in the above-entitled proceeding at any given time.

10

The Court having been fully advised and informed of the facts and

11 circumstances, and good cause appearing:

12

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as

13
follows:

14
li. INTERPRETATiON
15

16

A. This Decree is entered into as a settlement of an existing dispute

17 among the parties as to whether the Plumas County Jail, Quincy,

18 California, falls below, meets, or exceeds minimum constitutional

19 and/or statutory standards.

20

B. All exhibits attached hereto are made a part hereof and

21 incorporated by reference thereto the same as though more fuiiy set
22
23 forth herein.

24

C. By entering into this Decree, defendants do not admit to any

25 violations of or failure to comply with applicable laws, rules or

26 regulations, nor do defendants admit to any violation of constitutional
27 standards, except the defendants admit the plaintiffs are the prevailing 28

4

party for the sole purpose of attorney fees and costs.

D. Plaintiffs shall seek no further equitable relief for the acts, 1 2 practices or omissions as to the issues set forth herein, other than the
3 issue of the safety cell/rubber room and for attorney fees and costs,

4 alleged in the Complaint except to enforce the provisions of 'this Decree

5 thereby, to the extent permitted by law, waiving the right to seek
6 further equitable relief on the causes of action alleged in the 7
Complaint. 8
E. Plaintiffs agree that this Decree is fully binding on each of them 9
10 individually, and on the plaintiff class. · Defendants agree that this

11 Decree is fully binding on each of them, and each of their officers,

12 agents employees and successors.

13

F. The only obligations of the parties hereto are those explicitly

14
stated herein.
15

16

G. Nothing in this Consent Decree shall prevent the Sheriff from

17 seeking additional staff or resources from the Board of Supervisors of

18 the County of Plumas.

19 Ill. JURISDICTION

20

A. All parties do hereby recognize and submit to the continuing

21 jurisdiction of the United States District Court, Eastern District.
22 23 IV. RECITATIONS

24

A. The Defendants, shall:

25

1. Maintain all housing units at or below their rated

26 capacities as set forth in the 1989 Board of Corrections Report. The

27 overall rated capacity shall be 37. 28

5

2. The population of any housing unit in the Plumas County

1 Jail shall not exceed the rated capacity as set forth above. Every 2 inmate shall be provided a bed in the appropriate classification.

3 Whenever it is necessary in order to maintain housing units at their

4 rated capacities, as set forth above, the Sheriff will summarily release
5 inmates from the Plumas County Jail.
6 3. Each inmate housed in the Plumas County Jail shall be
7 provided with a personal storage space of sufficient size to hold the
811
9 inmate's personal effects.

10

4. Each inmate shall be provided with jail issued clothes

11 that are of a sufficient size and warmth for that inmate's activities.
12 Inmates shall be provided with an exchange of clean undergarments(T-
13
shirts, underwear, socks and bras for women inmates) at least twice
14
per week and an exchange of clean outer garments at least once per
15 16 week. Women shall be provided with two underwear at each clothing

17 exchange.

18

5. All preparation and service of food to inmates shall meet

19 or exceed the requirements as set forth in the California Restaurant
20
Standards Act. 21
6. All inmates shall be provided with access to exercise
22
23 at least one hour per day five days per week. Prisoners shall be

24 provided access to indoor exercise during inclement weather. Outdoor

25 exercise shall be provide when whether permits.

26

7. Dental care shall be promptly provided to all inmates

27 including the repair of teeth and the provision or repair of dentures
28

6

when necessary. Such necessity shall be based on generally accepted

dental practices for the State of California and to allow inmates to eat 1 2 solid food and maintain good dental health. The Sheriff shall provide
3 dental services in order to avoid unnecessary pain and suffering by the

4 inmates in the jail. The provision of necessary dental care shall not be

5 discouraged in any manner.

6

8. Medical care shall promptly be provided to all inmates

7

including personal access to a California licensed physician. The

8

~

9 standard of medical care provided to the inmates shall be as set forth in

10 the "Standards for Health Services in Detention Facilities", California

11 Medical Association (CMA) (1989), except that section 307 Health

12 Appraisals will be provided generally within twenty four hours, not to
13 exceed 5 days, after the prisoners arrival at the jail. The provision of 14
medical care shall not be discouraged in any manner. The (CMA)
15
standard, section 317, concerning the use of a safety cell/rubber room 16
17 is not agreed to by Plaintiffs.

18

9. The Jail's Mental Heath Policies and Procedures shall comply

19 with the requirements of the "Standards for Health Services in
20 Detention Facilities", CMA (1989), excepting the standard concerning 21
the safety cell/rubber room. At least a California licenced clinical 22
psychologist or a physician with mental health training and experience, 23
24 shall be available to the jail on twenty-four hour call, capable of

25 immediate personal response to the jail (This policy requires that

26 immediate response shall be generally within 10 minutes but not to
27 exceed 60 minutes).
28

7

10. fhe visitation policy shall be urilized, providing inmates

with access to visits two days per week for a minimum of at least one 1
half hour for each visit. Every prisoner, to the extent facilities and 2
a staff are available, will be provided the opportunity for additional
4 visits. Drop in visits from out of town visitors will be accommodated
5 · when facility and staff are available. Unaccompanied minor children
6 shall be allowed to visit prisoners, subject to the legitimate safety
7 and security interests of the Jail. Visitation policies will be posted so 8
as to provide notice of the visitation policies to persons visiting the 9 10 Plumas County Jail. Inmates shall be provided unmonitored visitation

11 with attorneys. 11 . The Plumas County Jail shall be staffed by at least three

correctional officers during the day shift, with at least two

correctional officers during the two other shifts. Each shift sha!! have

a woman correctional officer and a designated person with the

authority to carry out the policies and procedure contained herein. 17

18

i2. Inmates shall be provided prompt physical access to a

19 ·Law Library located at the Jail.

20

13. The current grievance policy shall be fully utilized,

21 providing inmates with a written response and a copy of any grievance

22
filed within 24 hours of the filing of a grievance.

23

24

14. Prisoners in the Plumas County Jail shall be provided

25 access to a pay phone and a no charge local phone in the indoor or

26 outdoor exercise yard during their exercise time, if PacBell will install

27 such phones. Said phones are to be paid for from the inmate welfare

28
8

fund. Collect call phones will be installed in each day room and in the

cell were no day room exists. Collect phones shall be turned on from 7 1 2 a.m. to 11 p.m. each day, except that the phones may be turned off for

3 proper disciplinary purposes.

4

Prisoners who want to contact their local counsel, in addition to

5 calling collect, will be provided access to the phone in the attorney-

6 client room where they make take a call from their attorney or make a

7 call to their local attorney.
8

9

15. Woman inmates in the Plumas County Jail shall be

10 provided equal access to programs and work opportunities in the Plumas

11 County Jail. Medical Services for women will be posted as per the

12 California Penal Code.

13

16. An inspection shall be conducted by a State Fire

14
Marshall, mutually agreed to by the parties, within 60 days of the

15

16 signing of this Consent Decree, with a counsel for the plaintiffs and a

17 counsel for the defendants if he/she so chooses. Defendants agree to

18 comply with the recommendations, if any, issued by said State Fire

19 Marshall in a prompt and timely manner.

20

17. The Sheriff will not hold in the jails any warrantless

21 arrestee who has not been provided with a determination before a judge,
22 commissioner or judge pro tern of probable cause for continued
23

24 detention within 48 hours of arrest.

25

'18. Inmates in the Plumas County Jail shall be provided with

26 access to non legal reading material. Inmates shall be allowed to 27 receive magazines, newspapers and soft-covered books through the
28

9

I
mail, from pub11$hers and book stores.

19. Inmates shall have access to a television, connected to 1
cable television in each of the housing units. 2

3 V. POLICIES AND PROCEDURES

4

A. The Plum~s County Sheriff's Department operates according to a

5 Manual of Policies and Procedures which is carried out by its Policies

6 and Procedures.

7

B. The Sheriff hereby agrees to continue to implement and/or

8

produce the following Policies and Procedures: 9

10

1. An inmate handbook of general information to be handed

11

out to each inmate, to orient the inmate to the rules,

12

regulations and operating procedures of the Plumas

13

County Jail. (Exhibit A)

14

2. Inmate Grievance Procedures (Exhibit A)

15

3. Disciplinary Procedures (Exhibit A)

16 I

17

4. Law Library access and procedures(Exhibit A)

18

5.

Classification Plan for Inmates

19

6. Fire and Life Safety in the Jail plan and procedure.

20

7. Medical, Dental and Physiological services (Exhibit A)

21

8. Visitation, policies and procedures

221

23

24

25

C. The Policies and Procedures enumerated in the foregoing

26 Paragraph B shall be deemed to replace, supersede, amend, or modify any

27 and all prior Policies and Procedures, or parts thereof, inconsistent

28
1 0

therewith or contrary thereto. The remaining Policies and Procedures,

or part thereof, not so inconsistent or contrary, remain in full force and 1

2 effect.

3

D. The Sheriff shall prepare, adopt and implement within thirty (30)

4 days from the effective date of this Consent Decree a Facility

5 Sanitation, Safety, and Maintenance Plan as required by California

6 Regulation Code Section 1280. The plan shall specify tasks to be
7 performed by Correctional Officers, trustees and non-trustee inmates.
8 E. The Sheriff shall provide a procedure, providing prisoners with
9
10 voter registration forms, whereby qualified prisoners can receive

11 absentee ballots and vote absentee in local, state, and federal

12 elections, pursuant to election codes.

13

F. The requirements in this Consent Decree relating to the content

14
of the Sheriff's Policies and Procedures are not intended to preclude
15
revisions thereto in the future, provided that the substantive
16

17 requirements of this Consent Decree are implemented and adhered to by

18 the defendants. Copies of any such Policies and Procedures as amended,

19 shall be mailed to all counsel of record not less than twenty (20) days

20 prior to their effective date. If counsel for any party believe any such
21
proposed amended Policies and Procedures violates any provision of this 22
Consent Decree, such party may petition the Court for appropriate relief
23
24 and give notice thereof to all parties.

25 .V. INFORMATION FOR JAIL INMATES

26

A. The Sheriff shall prepare and distribute a Jail Information

27 Booklet for the orientation of inmates. It shall contain verbatim the 28

1 1

following :

1. General Information Handbook for lnmates(Exhibit 1) 1

2

2. Rules of Conduct (Exhibit 2)

3

3. Inmate Grievance Procedure (Exhibit 3)

4

4. Disciplinary Procedures (Exhibit 4)

5

5. Medical, dental and psychological services(Exhibit 9)

6

6. Visitation policies and procedures (Exhibit 10)

7 The County of Plumas shall cause the same to be printed forthwith
8

9 in ample quantity to meet the anticipated inmate population needs of

10 the Plumas County Jail.

11

B. The Sheriff shall cause to be kept and maintained in the jail's

12 library room a copy of the Consent Decree with name, address and

13 phone number of plaintiffs counsel.

14

It'

C. The County shall assign and designate qualified maintenance

15

16 personnel to report to the Plumas County Jail regularly to check the

17 repair log and take immediate steps to repair, replace, or correct any

18 and all items or matters requiring repair, replacement, or correction.

19 Furthermore, the County shall make the necessary arrangement for a
20 responsible qualified maintenance person to be on call at all times
21 during weekends and holidays to take care of emergency situations.
22 E. The maintenance of the Plumas County Jail includes, but is not
23
24 limited to, the foliowing:

25

1. The present evidence storage room shall be renovated as

26 an indoor exercise yard, including weights, basketball hoop and ping
27 pong table.
28

1 2

2. The exercise yard shall be resurfaced so as to provide a

smooth surface to allow inmates to play basketball and other such 1

2 games.

3

3. The basketball hoop and backboard shall be fixed or

4 replaced.

5

4.

All housing units shall be kept clean and painted on a

6 regular or as needed basis.
7 5. Each shower shall be equipped with a shower curtain in
8

9 good condition.

10

6. All lighting and plumbing facilities will be maintained in

11 working order, with replacements and repairs undertaken as necessary.

12

7.

Climate control throughout the jail facility shall be

13 installed, maintained and operated in a manner to provide an acceptable
14
temperature range throughout the area where inmates are housed, 15
recreate or work . An air-conditioning unit will be installed at the
16
17 Jail to maintain an acceptable temperature range in the Jail during

18 summer days.

19

8. Mirrors shall be installed in each housing area or cell.

20

9.

Additional Recreational equipment shall be provided for

21 inmates in the recreation room and outdoor exercise area, to be
22 purchased from the inmate welfare fund.
23

24

IX. INSPECTIONS

25

1. The counsel for the plaintiff shall make such inspections

26 and reviews when deemed necessary to determine that compliance with

27 the consent decree is occurring. Reasonable attorney fees and costs
28

13

shall be paid for such inspections and/or reviews. Such reasonable

attorney fees and costs shall be determined by a duly noticed motion to 1 2 the court should the defendants contest the fees and costs requested.

3

2. The plaintiff's counsel shall have access to all facilities

4 at the Plumas County Jail and to all memoranda, logs, reports, records,
5 studies, and documents pertaining to the subject matters of this Decree 6
and/or to the Plumas County Jail in possession of the defendants other
7
than confidential attorney-client communications, staff personnel 8 9 files, and inmate medica! records, unless the plaintiffs' counsel obtain
10 a court order or authorization. Plaintiffs' counsel shall be permitted to

11 exercise this right without prior notice, but shall exercise this right to
12 access in a reasonable manner. Prior notice to opposing counsel of any 13
inspection shall be provided to Defendants' counsel who may accompany
14
plaintiffs' counsel on such inspection, but shall not provide notice of
15
16 I such inspection to any person such that the confidentiality and surprise
17 of such visit is compromised. Any problem observed or discovered

18 during such inspection shall be subject to a meet and confer with

19 defendants' counsel prior to the initiation of court action related to
20 such observation or discovery.
21
3. The defendants, and each of them, shall comply with any
22
23 reasonable requests by the plaintiffs' counsel for specific types of data,
24 information, or summaries of records not now in existence.

25

X. ENFORCEMENT

26

A. The following procedures shall be used for enforcement

27 of the Consent Decree during the term of the Decree. 28

14

1. Enforcement of this Decree may be sought by any party. If

sought by the parties, it shall be by duly noticed motion or order to 1 2 show cause. In either event, enforcement issues will be heard and

3 decided by the United States Federal District Court.

4

IX. SCOPE OF ENFORCEMENT

5

1. This Decree empowers the Court to compel any act required

6 by this Decree, enjoin any act proscribed by this Decree, to interpret
7 this Decree, and to modify the Decree as set forth herein.
8

9 XL COMPLIANCE

10

A. The provisions of this Consent Decree shall not be construed to

11 abrogate the powers of the Sheriff or Jail Commander to temporarily

12 suspend any standard or requirement herein prescribed in the event of a
13
bonnified emergency. Such an emergency shall include a situation
14
which threatens the safety (1) of the Plumas County Jail, or any of its
15
16 facilities, (2) of any of its inmates or staff, or (3) the public as

17 provided in Section 1012, Title 15, California Regulatory Code. The

18 Sheriff or the Jail Commander shall give prompt written notice to

19 counsel of record herein of any such emergency suspension of standards
20
or requirements or of the requirements of this Consent Decree 21
specifically stating the standards or requirements suspended and the
22 23 facts and circumstances which are asserted as justification for such
24 suspension. Examples of emergency situations include major damage to

25 the jail facilities caused by fire, earthquake, or other disaster; labor

26 strike or work stoppage involving the jail staff; inmate riot or
27
insurrection; major civil disorder. If any party believes that such 28

15

suspension is unjustified, then such party may petition the Court for

appropriate relief upon due and proper notice thereof to all parties. 1

2

C. The defendants shall do each and every act, execute all necessary

3 directives and orders to subordinates, expend or authorize the

: , expenditure of all necessary funds, and take whatever other actions are

1 necessary to fully implement each and every provision of this Consent Decree as set forth herein so as to insure complete and full compliance

therewith. Copies of the consent decree shall be distributed to all

Plumas County employees, present and future who are involved with the

housing of inmates, with instruction that the consent decree is to be

observed and follow both in spirit and letter of the decree.

XII. MODIFICATION

A. This Consent Decree may be modified, amended or terminated

only by the Federal Court and on duly noticed motion or by written

stipuiation of counsel.

B. This Consent Decree shall be modified, amended or terminated

only upon an affirmative showing that modification is necessary and

appropriate because of:

1. Provisions of the Decree which have proved wasteful,

unworkable or inherently adverse to carrying out the intent and purpose

of this Consent Decree, or

2. A change in material fact or law so that the ends of justice

will be served by modification consistent with the intent and purpose of

this Consent Decree.

E. If plaintiffs• counsel successfully seek modification of the

16

Consent Decree, they shall be entitled to a reasonable attorney fee and .

cost award. 1

2 XIV. CLAIMS. ATTORNEY FEES AND COSTS

3

Plaintiffs contend that they are entitled to attorney's fees and

4 costs. Defendants dispute this contention. Therefore the parties agree

5 that the above-entitle court shall determined the amount of attorney

6 fees and costs, at a duly noticed motion for attorney fees and costs.
7 Such award shall not preclude appropriate future awards of attorney
8
9 costs and fees if appropriate.

10

We the undersigned, on behalf of our respective clients and in

11 settlement of this action, agree to the entry of this Consent Decree.

12 The effective date of this Consent Decree shall be the date it is

13 approved and filed by the Court.
14
15 Dated :_:J._/--=-7-'-/~7_2_--- _
16

Counsel

17 Dated:

10/l/91

18

19 Dated :_~_D_-_1_-_9I_

20

--~tk~
Counsel for Deftlidants

21
22 Dated: !0- 3 _q I

23 24

25

26

27

28

17