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I

6

If·

JA.;K L WAGH~ P«. u.s. :"lm/CT COURT
EAST£RN ulsrJlCT (1= CA1..fORNIA 81 _---- - -- __

7

. ------ D;-.P~lI: ~ I ~L~~ 1~\ ----

8

9

10

I

12

IIIIII

13

14 Attorneys for Plaintiffs Charisse Shumate, Sharon Cagle, et al., on behalf of themselves and all other
15 prisoners at the Central California Women's Facility and the California Institution for Women
16 [Additional Counsel Listed Following Siguature Page]
17

18

UNITED STATES DISTRlcr COURT

19

EASTERN DISTRIcr OF CALIFORNIA

20

·21

HCHEA! ERNlSSPEACSHHEUCMOA,TREA. CSHHEALROsnN.VCAASG, LE,
MARIE NESTLE, DEBORAH BELCHER,

NO. avo

95-619 22

ROSE MUNGBIA, DEBORAH WEBSTER, DEANNA MILLSAPS, SHELBA PE I lEY,

CIY

WBS PAN

23

DARLENB BRAZIL. MARILYN STITCH, BRENDA ANGLE, LINDA EAGERTON,

CO~LUNT~~SAcnON

24

CYNTHIA MARTIN, GINA JOHNSON, NINA MYART, USA SMI1H, JANE

2S

DOE I, JANE DOE D, BEVERLY ruCKER, BERnIA JONES, HATl1E

26

DICKERSON, MARIA NASALGA, MARCIA BUNNEY, and DELORES RICO, on behalf

27
I
28

of themselves and all other ~risonen at the Central California Women's Facility and the California Institution for Women,

II

j

1 !

!

Plaintiffs,

2 'I
v.

3;

PETE WII;SON, Governor of California, in 4 his official capacity; JOSEPH SANDOVAI..,

Secretary of the Youth and Corrections

5 Agency of the State of California. in his

official capacity; JAMES GOMEZ, Director

6 of the California Department of Corrections,

in his official capacity; KYLE S. McKINSEY, 7 De~ty Director for Health Care Services for

the Department of Corrections, in his official

8 capacity; NADIM KHOURY, Assistant

Deputy Director for Health Care Services

9 for the Department of Corrections, in his

official capacity; 1EENA FARMON, Warden

10 of the Central California Women's Facility, in her official capacity; KENNE1H FOLLElT,

11 Chief Medical Officer for the Central California Women's Facilit)', in his official
12 ~acity; SUSAN POOLE, Warden of the california Institution for Women, in her

13 official capacity; and GWENDOLYN DENNARD, Chief Medical Officer for the·

14 California Institution for Women, in her official capacity,

15 Defendants.

16

17

18

CLASS AcnON COMPLAINT

19

On behalf of themselves and the class alleged herein, plaintiffs state the

20 following for their complaint &pinst defendants:

21

PRELIMINARY STA1EMENT

22

1. 'Ibis is a class action brought by plaintiffs on behalf of all persons

23 who are DOW or in the future will be confined in the Central California Women's Facility

24 (hereinafter CCWF) in Chowchilla, California and the California Institution for Women

25 (hereinafter CIW) in Frontera, California.

26

2. Plaintiffs seek declaratory and injunctive relief for deprivations

27 under color of state law of rilhts, Privileles, and immunities secured by the Constitution

28

COMPlAlNl'-C.ASS ACI10N

-1-

1 of the United States, and in particular those secured by the First, Fourth, Fifth, Eighth.

2 ' Ninth and Fourteenth Amendments thereof.

3

3. Plaintiffs seek relief from defendants' knowing and deliberately

-,

4 indifferent failure to provide necessary care for serious medical needs. Defendants'

5 actions deny basic human needs, inflict needless pain and suffering, and threaten

6 plaintiffs' physical and mental well-being. Plaintiffs also seek relief from defendants'

7 failure to recognize and protect plaintiffs' right of privacy with regard to sensitive

8 medical information.

9

JURISDICI10N

10

4. Plaintiffs seek to vindicate rights protected by the First, Fourth,

11 Fifth, Eighth, Ninth and 'Fourteenth Amendments of the United States. This Court has

12 jurisdiction of this civil action pursuant to 28 U.S.C. 111331 and 1343(a)(3} and (4).
13 Pursuant to 28 U.S.C. 112201 and 2202, this Court has jurisdiction to declare the ri&hts

14 of the parties and to Jl'aDt all further relief found necessary and proper.

15

VENUE

16

5. Venue is appropriate in this Court pursuant to 28 U.S.C. §1391(b).

17 because a substantial pan of the events or omissions giving rise to plaintiffs' claims

18 occurred within the Eastem District of California and most of the defendants reside

19 therein.

20

PARTIES

21

A. Plaipri«S

22

6. All plaintiffs are prisonen at CCWF or ClW.

23

7. Plaintiff Charisse Shumate is confined at CCWP. She suffers from

24 sickle cell anemia, hean problems, pulmOnary ~DSion and asthma. Defendants

2S have periodically delayed and interrupted her medication and have denied her a

26 medically necessary special diet. She has been denied adequate outside follow-up care

27' for her life-threatening condition. Despite her pulmonary hyperteDSion and asthma,

28 defendants have failed to provide her with appropriate housiq and treatment. In

COMPLAINT-aASS AcnON

-2-

1 addition, as a result of defendants' system requiring co-payment for medical care, she is

2 receiving inadequate medical care.

l

3

8. Plaintiff Sharon Cagle is confined at CCWF. She is paralyzed on

4 her left side and until recently was confined to a wheelchair as a result of seizures she

5 experienced on June 4, 1994. She was not given necessary specialist follow-up care for

6 almost two months. She has been given no instruction in dressing, hygiene, or use of

7 her wheelchair; no access to an attendant; and no occupational or physical therapy.. As a

8 result of the failure to provide treatment, she may have suffered a permanent loss of

9 function. On February 22, 1995 she experienced a seizure, "during which she injured her

10 foot. Her roommates attempted to summon an MTA, but no one came for

11 approximately 45 minutes. Although she was concerned that her foot was broken, she

12 was not examined.by a physician until February 27, 1995.

13

9. Plaintiff Helen Pacheco is confined at CIW. She developed multiple

14 sclerosis in prison. She has been denied effective treatment for her condition, as well as

15 the special diet recommended for her. After her return from an outside hospital for a

16 lumbar puncture, she was confined in a holding cell where she was unable to lie down,
I 17 causin& her serious and unnecessary pain. The allegations in this paragraph·are made on

18 infonnation and. belief.

19

10. Plaintiff Rachel Silvas is confiDed at CIW. She bas longstanding

20 bowel problems resultina in inability to have a bowel movement for periods of up to two

21 weeks. She has been denied medically necessary diagnostic procedures to diagnose the

22 cause of her problem.

23

11. Plaintiff Marie Nestle is sixty-eight years old and confined at CIW.

24 English is her second languaae. She has asthma and cardiac problems. In May 1994 she

2S was taken to the Out-Patient Housiq Unit at OW because of an attack of

26 breathlessness. She was placed in a locked room for approximately twelve hours.

27 During most of that time she was left alone, despite contimdn. breathina problems. She

.28 was unable to get oxygen, or even the medications that would have been available to her

COMPUJNI'-ClASS AcnON

-3-

;\
'1
Ii

1 II had she remained on her housing unit. She suffered extraordinary fear and anxiety from

. ~
2 :1., being locked in a small room during her asthma attack. When staff finally evaluated her

3 :1./

L

condition, she required an emergency transfer to a hospital, where she was placed in

4

Ii
'I

intensive cire for approximately three days.

5 [I

12. Plaintiff Deborah Belcher is confined at CIW. In 1992, follOwing

6 1 her repeated complaints, her breast implants were finally removed and one was

7 discovered to be ruptured. She currently has significant problems with anhritis anel

8 experiences numbness on her left s~de. As a result of her arthritis and severe sinus

9 headaches, she experiences great pain, but has been denied effective pain medication.

10 She has been denied follow-up care and diagnostic procedures recommended by outside

11 specialists. such as the follow-up care recommended by the surgeon who removed her

12 implants. The allegations in this paragraph are made on information and belief.

13

13. Plaintiff Rose Munghia was transferred to CIW in July, 1994.

14 Shortly prior to her transfer, she broke or dislocated a toe on her foot Upon entering
1S CIW, she requested evaluation and treatment of the injury, but was told that nothing was 16 wrong. In December 1994, she tiled a grievance about continuing problems with her 17 foot. She was reexamined by a physician, and her problem was finally diagnosed. She
18 has been subjected to two subsequent attempts to rebreak and set her toe. The most 19 recent attempt occurred on February 7, 1995. Althoup she was given crutches following
20 the surgery, she was not pven trainjng in their use, nor was she given the pain
21 medication prescnbecl by the outside physician. CIW refuses to transfer her to a lower 22 bunk which she needs until her foot heals. CIW medical staff have told her that her
23 bandalll must be chaD&ed at the hospital that performed the surgery, but despite
24 repeated visits to sick call, she bas been unable to obtain a second return appointment to 2S the outside hospitaL Her foot is DOW hot, discolored, and itches, and she fears that an 26 infection has developed. The allegations in this paragraph are made on information and
27 belief.

28

COMPLAlNl'-ClJ\SS AcrION

I
1
~ I I
I

I

1 !

14. Plaintiff Deborah Webster is confined at CIW. In December 1994

I

I

fro~ 2 'I she had an abn(;mnal pap smear for which she has received no treatment. She also

3 :1 suffers

heart disease and asthma. At the end of February or beginning of March

4 :/ 1995, she experienced chest pain and difficulty breathing. She went to the infirmary but H
5 : was not examined by a physician for almost twenty-two hours, although she was

6 administered oxygen by a nurse. She experienced great anxiety during the period she

7 was awaiting an examination. She has experienced significant problems obtaining

8 medication renewals. The allegations in this paragraph are made on information and

9 belief.

10

15. Plaintiff Deanna Millsaps was transferred to CIW in December

11 1994. She was forced to pay for her intake physical at CIW. She suffers from seizure

12 disorder and menstrual difficulties related to polycystic ovaries. Since she arrived at

13 CIW she has been unable to obtain medication to control her menstrual problems. She

14 has also suffered significant interruptions in her seizure disorder medication. She bas

15 been denied a requested pap smear unless she pays an additional fee, although she

16 already was charged for a pap smear. The alleptioDS in this paragraph are made on

17 information md belief.

18

16. Plaintiff She1ba Pettey is a prisoner at CIW. She has a history of

19 uterine, stomach, and esophageal cancer. AJ a result, she suffers from a prolapsed

20 bladder and from abdominal sweDin&. gas, nausea, and diarrhea. She has never received

.21 a prescribed special diet for her condition. She has suffered profound weight loss and

22 has been severely anemic, due to blood loss from her diiestive tract. Her prescriptions
I 23 for chronic medicatioDl are frequently disrupted. Although her treatina physician

24 ! ordered an ultrasound to determine the cause of the abdominal swelliDg, she has not

2S received it. She suffers &om severe back pain. Several yean 810 her wheelchair was

26 taken away, despite her continued pain when waltinl She has requested a cane, but it

27 has been denied. She is unable to let her dentures repaired because she has paid for

28

COMPLAINT.a..ASS AcnON

-5-

I

I

1 ! two repairs already and cannot continue to pay $5.00 for each repair, particularly

;

2 ! because she is charged $5.00 for each of her medical visits.

3 ~i

17. Plaintiff Darlene Brazil is confined at CIW. The cartilage in her

4 i temporom3.ndibular (jaw) joint has deteriorated, so that it no longer protects the bones

5 from coming into direct contact. She had surgical manipulation of the jaw in 1993 that

6 provided no relief. CIW medical staff have failed to provide definitive treatment, with

7 the result that she has continuing pain and disability. Her condition interferes with

8 , eating and prevents a full dental examjnation.

9

18. Plaintiff Marilyn Stitch is a 56 year old woman. In October 1994

10 she had a chest x-ray that showed abnormalities sugestive of tuberculosis. She was

11 given a sputum test for tuberculosis at CIW, but she was not placed in respiratory

12 isolation until after the sputum smear revealed acid-fast bacteria. In November, she was

13 diagnosed as infected with Mycobacterium avium-intracellurare, not tuberculosis. She

14 has not yet started receiving medication to treat her infection, because she has not yet

15 been referred to an ophthalmologist to clear her for tr~atment. She is suffering fatigue,

16 shortness of breath, and anxiety because of the delay in treatment. The allegations in

17 I this paragraph are made on information and belief.

18 I

19. Plaintiff Brenda An&le suffered heart attacks in 1988 and 1991. She

19 also suffen from hyperteDSiOD and borderline diabetes. Since her entry into CIW in

20 October, 1994, she has been attemptiq to obtain medication for her illnesses. Not until
21 i the week of MarCh 6, ,199S, did she receive Ditto&J.ycerin tablets for her heart disease.
22 1 She still receives DO other medication. She has been repeatedly charged for her attempts I
23 to let her medications and other medical services; payment of these charles has posed a

24 hardship for her.

2S

20. Plaintiff Linda EagertoD is confined at CCWF. She has experienced

26 long delays in receiviDI pap smear results.

27

21. Plaintiff Cynthia Martin is confined at CCWF. She requires non-

28 routine medical care for serious bums to 54% of her body. Because defendants have

COMPLAINr-CIASS AcnON

1 denied her physical therapy, she is now confined to a wheelchair. The failure to provide

2 1. appropriate medical treatment has significantly exacerbated the amount of permanent

3 ;1 scarring she h~ suffered. Defendants have also denied her medically necessary

I

4 i equipment." She has not received routine gynecological care since October 1992.

I

51

22. Plaintiff Gina Johnson was pregnant when she entered CCWF. She

6 1 was denied gynecological care for 17 days despite abnormal vaginal bleeding after her 7 1 delivery. After she was finally diagnosed, she required a dilation and curettage (D & C)

8 1 to remove a retained portion of the.placenta.

I

91

23. Plaintiff Nina Myart is confined at CCWF. She was denied

10 necessary follow-up care consistent with discharge instructions after hernia surgery and a

11 breast biopsy, despite her numerous attempts to use the sick call system to repon her

12 I problems. . As a result, it is likely that she will need corrective surgery.

13

24. Plaintiff Lisa Smith is confined at CCWF. While on her job

14 assignment, on January 26, 1995, she fell, cutting her nose and momentarily losing

15 consciousness. The medical technical assistant (hereafter MTA) who was called to see

16 her failed to treat her or refer her for an appropriate evaluation.

i

17

25. Plaintiff lane Doe I is confined at CCWF. She is an HIV positive

18 prisoner who ~en from herpes. Defendants denied her necessary specialty care (or
19 mv disease, and failed to diapose and treat her effectively when she had melli.qitis

20 until she went into a coma. Defendants have also denied her necessary medicine for ber

21 herpes infection.

22

26. Plaintiff lane Doe Dis IDV-positive. She lives in Walker A. the

23 unit at CIW de.cipated for prisonen who are HIV-positive. Her confinement in Walker

24 A automatically discloses her IUV status. She cannot move to any other housing without

25 specifically infonninl any prospective cellmate of her IUV status. In 1993 she tested

26 positive for tuberculosis infection. Despite her known HIV status, she was taken off

27 tuberculosis medications after she became prepant. AJ a result, she developed activ~
28 tuberculosis. She was denied proper treatment durin& her prepancy, including

COMPLAINT-CIASS AcnON

..7..

1 treatment for a vaginal infection, appropriate follow-up at a high-risk pregnancy clinic.

2 evaluation of possible injuries from a fall, and provision of a special diet. During her
3 ,I pregnancy crv/ medical staff failed to diagnose or treat her lung problems, with the
I4 result that 'her pneumonia was not diagnosed or treated until she was sent to a hospital 5 1 to deliver her baby. Although she bled heavily during and after delivery, she was

6 returned to CIW after ,one day and not given follow-up examinations for a significant

7 period of time. After her return to CIW, she was locked overnight into a cold and drafty

8 room that lacked a call button in ~e Out Patient Housing Unit, even though she was

9 unable to use the bathroom by herself. The allegations in this paragraph are made on

10 information and belief.

11

27. Plaintiff Beverly Tucker arrived at CCWF in November 1993 from

12 CIW. She advised medical staff that at CIW she had been prescribed heparin for long-

13 standing thrombophlebitis (blood clots) in her legs. Despite repeated attempts to get 14 treatment, she never received appropriate medication. As a result, she is now in danger 15 of developing gangrene and needs to have her foot amputated. The allegations in this

16 paragraph are made on information and belief.

17

28. Plaintiff Bertha Lyons is ~nfined at CCWF. She suffers from

I
18 1 hypertension ~ severe back and hip paiD. and DruSCle spasms, but at times bas been

19 1 denied medication for her paiD, and has been denied medic:ally necessarY surgery. In I
20 I October ,1994 she bad a soDOp'&lD in which lumps were discdvered in ber breasts. Sbe

21 was told that a biopsy ,was necessary but did not receive the biopsy until early 1995.

22 Staff CODfiscated her cane when she arrived at CCWF. She needs crutches or a cane to

23 walk, but is provided with neither.

24

29. Plaintiff Hattie Dickerson is confined at CCWF. She suffers from a

2S severe seizure disorder. Defendants have denied her necessary neurolOlical follow-up

26 care for her chronic: condition, and have refused to attend to her duriq and immediately

27 after seizures.

28 1

COMPLAlNl'-OASS AcrION
I

1

30. Plaintiff Maria Nasalga is confined at CCWF. She suffers from high

2 :1 blood pressure. She has experienced long delays in refilling her blood pressure

3 :1 prescriptions arid has not received appropriate follow-up care for her hypertension.

4 ;1

• 31. Plaintiff Marcia Bunney is confined at CCWF. She suffers from

5 i rheumatoid arthritis. She has experienced long delays in refilling her medication and has

6 been denied medication for several months. AJ a result, she has experienced

7 unnecessary pain and the possibility of further joint deterioration.

S

32. Plaintiff Delor~s Rico has been experiencing serious dental

problems since she entered CCWF, and has experienced long delays in receiving dental

care.

11

B. Defendants

12

33. Defendant Pete Wilson is the Governor of the State of California

13 and the Chief Executive of the state government. As such, he is obligated under state

14 law to supervise the official conduct of all executive and ministerial officers and to see

15 that aU offices are filled and their duties carefully performed. Defendant Wilson bas

16 control over the monies allocated to the California Department of Corrections by virtue

17 of authority to present to the legislature the Department of Corrections' annual budget

18 and his authority to veto or sign legislation appiopl'iatina funds for prison medical care.

19 Defendant Wilson bas the authority to appoint and remove the subordinate defendants 20 named herein. Defendant Wilsoli bas the ultimate state authOrity over the care and

21 treatment of. the plaintiff class, and is responsible for the administration and operation of

22 the Department of Corrections.

23

34. Defendant Joseph Sandoval is Secretary of the Youth and

24 Corrections Agency of the State of California. As such, he is responsible for supervising

2S the operation of the California Department of Corrections.

26

35. Defendant James Gomez is the Director of the California

I
27 i

Department of Con:ections. As such, he is responsible for the operation of the

28 ]

I

i COMPLAINT-ClASS AcrION

-9-

1 California prison system, including the provision of medical care for prisoners confined

;/
2 : therein.

I

i

3

l
:

36. Defendant Kyle S. McKinsey is the Deputy Director for Health Care

i

4: Services for the Department of Corrections and Defendant Nadim Khoury is Jhe

5 Assistant Deputy Director for Health Care Services for the Department of Corrections.

6 As such, they are responsible for developing and implementing a system of health care
I7 addressing the serious medical needs of prisoners within the Department of Corrections.

8

37. Defendant Teena Fannon is the Warden of the CCWF. As such

9 she is responsible for the daily operation of the prison, including medical care.

10

38. Defendant Kenneth Follett is the Chief Medical Officer for the

11 CCWF. As such he has direct responsibility for providing care for serious medical needs

12 to the prisoners therein.

13

39. Defendant Susan Poole is the Warden of the CIW. As such she is

14 responsible for the daily operation of the prison, including medical care.

15

40. Defendant Gwendolyn Dennard is Chief Medical Officer for the

16 CIW. As such she has direct responsibility for providing care for serious medical needs

17 to the prisoners therein.

18

41. All de&udants are sued in their official capacities. At all relevant

19 times, all defendants were actina under color of state law and pursuant to their authority

20 as offic:ials, agents, contractors or employees of the State of California.

21

CLASS AcnON AlLEGATIONS

22

42. The IWIled plaintiffs seek to maintain this action on behalf of

23 themselves aDd all others similarly situated pursuant to Rules 23(a) and 23(b) of the

24 Federal Rules of Civil Procedure. They seet to represent a class of all persons who are

25 now or in the future will be confined in the CCWF or CIW. As a result of their

26 confinement in CCWF or CIW, members of the class includin& the named plaintiffs are

27 or will be subjected to violations of the rights to be free of auel and unusual punishment

28 under the First, Fourth, Fifth, Eighth, Ninth and Fourteenth Amendments to the

COMPLAINT-ClASS ArnON

·10-

:1

1 II Constitution. The named plaintiffs represent a class of persons seeking declarative and
..,, 2 : injunctive relief to eliminate defendants' actions, policies, and practices that deprive
,
3 i them of those rights.

4 i

43. The CCWF has an average daily population of more than 3800

I I
5 women. The CIWhas an average daily population of more than 1800 women. As such,

6 the proposed class is so numerous that joinder of all members is impracticable.

7

44. Whether the defendants have violated the plaintiffs' right to be free

8 from cruel and unusual punishment under the Eighth and Fourteenth Amendments and

9 whether the defendants have violated the plaintiffs' right to confidentiality for sensitive

10 medical information are questions common to the claims of the entire class. The

11 defendants' policies and practices with regard to their system of medical care and the

12 confidentiality of medical information, as set forth below, also present questions of fact

13 common to the class as a whole.

14

45. The clailM of the plaintiffs are typical of the cJailM of the class.

15 The named plaintiffs include prisonen with a range of .serious medical conditions typical

16 of the class as a whole. The named plaintiffs, includin& those identified as HIV-positive,

17 are directly injured by the disclosure of sensitive medical information as a result of the

18 defendants' policies aDd practices.

19

46. Plaintiffs will fairly and adequately represent the interests of the

20 class. The plaintiffs have no interests separate from those of the class, and seek no relief

21 other than the relief IOUght on behalf of the class. The plaintiffs'· counsel are

,.

22 experienced in the protection and enforcement of the constitutional rights of prisoners.

23

47. The defendants have acted and refused to act on grounds generally

24 applicable to the class, therefore making appropriate final injunctive relief with respect

2S to the class as a whole.

26

FACI'S GIVING RISE TO 1lIE CAUSE OF AcnON

27

48. Ordinarily prisonen at both CCWF and CIW can obtain access to a

28 physician only through a cumbenome prOcess.

COMPUlNT~ AcrION

-11-

1

49. The first step in that process is for the prisoner to be seen at sick

2 call. At CIW, sick call is available once per week per housing unit. In December 199~.

3 ;1 CCWF also reduced the availability of sick call to once per week for each housing unit.

!

4 I

• 50. Prisoners requesting sick call are forced to stand outside for

5 prolonged periods of time, regardless of weather conditions. Not all prisoners are

6 I consistently seen at a panicular sick call, because of shortages of time.

7

51. The limited availability of sick call and the use of outdoor sick call

8 lines seriously impede prisoners' ac~ess to health care.

9

52. At CCWF, and on occasion at CIW, MTAs are used to conduct sick

10 call. In additioD, MTAs at CIW conduct medical rounds in housing units for women who

11 are not allowed to go to general sick call. Thus, the MTAs perform medical triage

12 functions to determine who receives examinations and care by a physician.

13 1

53. Prisoners requiring eme~gency medical care must persuade

14 correctional staff to summon an MTA, and then persuade the MTA to evaluate them for

15 emergency care.

16

54. ' The MTA staff are not qualified to perform the medical triagina

17 functions they are asked to perform. The minimum requirement for MTA positions is

18 19 and emergency accell to health care appropriately requires physicians, licensed physidan

20 assistants, or reJistered muses who have completed specialized traininl in medical

assessment.

55. As a result of the use of MTAs to perform. triaging for which they

23 are unqualified, prisoners with serious or potentially serious health care complaints bave

24 not received access to timely medical evaluation and treatment.

25

56. For example. a correctional officer attempted to summon an MTA

26 to evaluate a prisoner at CCWF with medical complications from AIDS, induding fever.

27 severe diarrhea. and edema. The prisoner was covered with oozina open sores and in .

28 unremitting paiD. She was unable to eat. The MTA refused to see her. Two days later.

COMPUINT-CLASS AcnON

-12-

1 an MTA again refused to evaluate her, despite the fact she had developed labored
. 2 breathing. Not until the following day was she even taken to the infirmary. She died
3 about three weeks later" in a hospital. The allegations in this paragraph are made on

4 information and belief.

5

57. Another prisoner at CCWF was evaluated by an MTA for

6 complaints of excessive menstrual bleeding. She repeatedly requested evaluation by a

. 7 physician, but the MTA told her she was menopausal and refused to place her on the

"

"

8 physician's list. She was in great pain and she was passing large clots of blood. Over

9 time she grew weak and lost weight. Several months later she was taken to a physician,

10 and wu thereafter sent to an outside hospital, where cancer was diagnosed.

11

58. After she returned to the facility she continued to be in great pain

12 and had difficulty .eating. She suffered severe edema in her legs and she would

13 frequently lie on the ground, aying. MTAs repeatedly refused her requests to see a

14 physician. On information and belief, one MTA told her that "no one had ever died

15 from swelling." Sbe never" received adequate pain medication as her condition worsened.

16 Although she co~d barely walk, she was denied a wheelchair and forced to walk to the

17 dinjng hall. Approximately nine months after" her diagnosis she died of cancer.

18

59. At CIW, defendants use prisoners as medical vehicle attendants

19 (hereinafter MYAs). The MYAs are at times asked to provide emergency health care,

20 such as administeriDa axyaen or cardiopulmonary resuscitation (CPR) to their fellow

21 prisoners. MVAs ar.."not required to be trained to provide the medical services they are

22 asked to provide.

23

60.· At OW, prisoners with symptoms suggesting urgent or emergency

24 medical problems, such as chest pains or asthma attacks, are frequently placed in locked

25 rooms in the Out Patient Housiq Unit. Although these rooms have call buttons, the

26 nursing staff frequently does not respond to the calls. The practice of locking patients

27 into these rooms causes these patients extraordinary anxiety. Many prisoners at CIW

"28

COMPIAINT-CLASS AcrION

-13-

1 fear confinement in the Out Patient Housing Unit and avoid seeking medical assistance

. 2 because they feel safer in their own housing unit.

Ii

3 .i

61. The defendants have issued a sick call procedure informing

4: prisoners that they will be charged five dollars per health care visit regardless of their I
5 I indigency status. For many prisoners at ClW and CCWF, five dollars represents the

6 equivalent of wages for a week or more. Although defendants claim that no prisoner

7 will actually be denied medical services because she has no funds, defendants have

8 refused to so inform prisoners. In flddition, the sick call procedure, as applied to

9 prisoners with limited funds, requires prisoners to choose between necessary medical

10 care visits and other necessary items such as tampons and sanitary pads or medically

11 necessary vitamin supplements. As applied, the policy places a severe barrier between

12 prisoners and the receipt of necessary medical services.

13

62. Prisoners with symptoms obviously requiring emergency attention,

14 such as dangerously elevated blood pressure, grand mal seizures, or symptoms of stroke

15 or myocardial infarction, have received substantially delayed treatment and evaluation.

16 On a number of occasions these failures have seriously jeopardized their health.

17

63. Other prisoners who uraently need referrals for evaluation of serious

18 symptoms such as complications of HIV disease, abnormal bleeding following childbirth,

19 or complications of diabetes and other chrome diseases such as potentially life-

20 threatening infectioDS are delayed or DOt referred for appropriate medical services.

21

. 64. Admission physicals are incomplete, and do not reliably note prior

22 medical histoty, includiJII ament medication. Essential medication and medical

23 treatment previously prescribed are Dot reliably continued.

24

65. There is nO reliable system for orpnized follow-up medical care for

2S prisoners with chronie diseases. There are DO replarly scheduled chronic disease clinics,

26 treatment plans or procedures for routine follow-up care for prisoners with diseases such

27 as diabetes, seizure disorder, or HIV disease. For example, a prisoner whose diabetes

28 has Dot been given standard follow-up has suffered a progressive and permanent partial

COMPLAINT-CLASS ACI10N

-14-

i
1 II loss of vision. A seizure patient has had her long-standing medication interrupted

2 :1
I

resulting in nu~erous seizures.

d

3 rl

66. Prisoners who require outside medical care frequently experience

I

4 II unreasonable delays and cancelled appointments due to an unreliable patchwork system

5 1 for specialty ·referrals.

6

67. There is no system for necessary routine gynecological care. Many

7 prisoners need pap smears and mammograms.

8

68. Prisoners on medications for chronic diseases frequently have their

9 prescriptions disrupted. Prisoners have been told that they must hand in an empty

10 medication container to obtain a refill of their prescription, but refill can take several

11 days. The common disruption of prescription medications poses an unnecessary and

12 unreasonable risk to prisoners' health.

13

69. . Recendy defendant Dennard, apparendyas a cost-cutting measure,

14 severely restricted the prescription of pain medication. As a result, a number of patients

15 at CIW, including AIDS patients close to death, have ~en forced to suffer unnecessary

16 pain.

17

70. Amona the medications subject to interruption are anti-tuberculosis

18 medications. The interruption of anti-tuberculosis medications has the potential to result

19 in the development of multidrug-resistant tuberculosis aDd thus poses a risk to all

20 prisoners confined at CCWF and CIW, as well as staff aud the general public.

· 21

71. Patients whom medical staff suspect have active tuberculosis are not

22 placed in respiratory isolation in q~ed negative pressure rooms, as required under

23 Centers for Disease Control (hereinafter CDC) guidelines. At CIW, suspect cases who

24 were later confirmed to have active tuberculosis have been housed in the Out Patient
25 Housing Unit, a practice that places other p~rs at great risk. 1bis failure to follow

26 CDC guidelines places all prisoners and staff at risk of contractiq tuberculosis.

271

72. Necessary examjnations and tests are frequently delayed and follow-

28 up on abnormal results is unreliable.

COMPIJdNT-CLASS AcnON

-is-

1

73. There is no system to provide for non-routine medical needs. For

I
. 2 .! example. prisoners who need specialized medical items are either provided these items
3 i" after unreasonable delays. or the items are never provided. These items include medical

4 I supplies as-'common as Canadian crutches or Jobst garments. used to promote healing

5 and preservation of function in patients recovering from serious burns. Prescriptions for

6 medications not included in the formulary list are virtually unobtainable.

7

74. Prisoners with health problems resulting in serious restrictions in

8 function are denied medically necessary equipment, including functioning wheelchairs

9 and adjustable hospital beds. Some wheelchairs lack working brakes and are dangerous.

10

75. Medical treatment is not appropriately coordinated with mental

11 health evaluation and treatment. For example, prisoners with symptoms related to

12 physical problems are sometimes assumed to have mental problems, with the result that

13 urgent and emergency physical problems are not diagnosed. For example, a prisoner at
14 CCWF who had acute medical and psychiatric needs was confined naked in a filthy cell

15 where she ingested her own feces. She died of acute pancreatis that went untreated until
16 she was terminally ill.

17

76. Conversely, medical complications related to mental health

18 problems are not reliably addressed. For example a prisoner at CCWF who needed

19 mental health treatment wu allowed to starve to death.

20

77. The unreliable system for medication renewal and monitoring also

21 interferes with lSSeu"'ent of treatment of patients on psychotropic medication, who

22 require monitoriq for physical side effects of theie medications.

23

78. CCWF and CIW offer DO physical therapy.

24

79. Prisonen at CCWF can receive medically necessary diets only by

2S living in the infirmary, where they are unreasonably denied privileges and essentially kept
26 on lockdown status. Prisonen at OW are similarly denied medically necessary special

27 diets.

28

-16-

:1 !I

1 !i

80. Prisoners who are terminally ill are denied appropriate medical

2 ":! care, causing u~ecessary pain and suffering. This lack of care is exacerbated because

3 :1 CCWF and CIW fail to attempt to procure compassionate release of terminally ill

4 'I prisoners.

I

5 r

81. Prisoners with known respiratory illness do not have their

6 respiratory needs met. Defendants' failure in this regard exacerbates their respiratory

7 problems.

8

82. CCWF and CIW fail to provide necessary health care education and

9 preventive care.

10

83. Necessary dental care is substantially delayed. When prisoners do

11 receive dental treatment, they are frequently offered temporary fillings or extractions

12 rather than: appropriate definitive treatment for their problems.

13

84. Numerous prisoners have attempted to no avail to file individual

14 grievances complainiD, to staff about inadequate medic:al care. Defendants have been

15 informed on numerous occasions reprding specific: instances of inadequate health care.

16 Moreover, the failure of the defendants to establi$h an appropriate system of health care

17 presents an obvious and unnecessary risk to plaintiffs' health.

18

85; Defendants know that they are exposing prisoners to unreasonable

19 risks of death and serious injury by their failure to correct the deficiencies in the health

care system.

86. Even though defendants know that they lack a proper system for

medical care, they have failed to take reasonable and effective steps to establish an

23 appropriate health care system.

24

87. Defendants' failure to provide an appropriate system of health care

2S results in needless pain and sufferiq, the overall deterioration of plaintiffs' health, and

avoidable fatalities.

88. Defendants and their staff frequently disclose confidential medical

information about prisonen.

COMPlJ\lNT-CIASS AcnON

-17-

89. For example, at CIW, prisoners who are known to be HIV-positive

2 :1 must disclose this confidential information to potential cellmates in order to move to

d

•

3 I:I general· population.

I

~

4 i

90. At both CCWF and CIW, it is widely known that HIV- positive

5 women are housed in specific locations and staff disclose specific information about HIV 6 status.

7

91. At CIW, there is no privacy at the pharmacy window, so that women

8 who must pick up prescriptions can" easily be overheard ln conversations that necessarily

9 disclos.e private medical information.

10

CLAIMS FOR REI IEF

11

92. As alleged above in paragraphs 48-91, defendants' deliberate

12 indifference to plaintiffs' serious medical needs causes avoidable pain, mental suffering

13 and deterioration of their health. In some cases, it bas resulted in premature death.

14

93. Defendants' policies, practices, acts and omissions evidence and

15 constitute deliberate indifference to the rights of prisoners and violate the Cruel and

16 Unusual Punishm~nts Cause of the Eighth Amendment, made applicable to the states

17 through the Fourteenth Amendment to the United States Constitution.

18

94. DefeDdants' policies, practices, acts and omissions also violate the

19 plaintiffs' right to privacy for CODfidential information paranteed by the First, Fo~

20 Fifth, Eighth, Ninth, and Fourteenth Amendments.

21

95. As a proxirriate result of defendants' policies, practices, acts and

22 omissions, plaintiff's have ~ered and will continue to suffer immediate and irreparable
23 injury iDcludiDa physical, psycholopcal and emotional injury and death. Plaintiffs have

24 no plain, adequate or complete remedy of law to address the wroDp described herein.

2S The injunctive relief sought by plaintiffs is necessary to prevent continued and funher

26 injury.
27 II -28 II

COMPlAINT-CLASS ArnON

-18-

1

PRAYER FOR REUEF

2

96. WHEREFORE, plaintiffs, individually and on behalf of all others

3 similarly situate'd, request that this Court do the following:

4

a. Assume jurisdiction over this action;

5

b. Issue an order certifying this action to proceed as a class

6 pursuant to Rules 23(a) and (b)(2) of the Federal RUles of Civil Procedure;

7

c. Issue a judgment pursuant to 28 U.S.C. 12201 and Rule 57 of

8 the Federal Rules of Civil Proce~e declaring that the policies, practices, acts and

9 omissions complained of herein violate plaintiffs' rights as set forth in paragraphs 48-9l.

10

d. Issue permanent injunctive relief sufficient to rectify the

11 unconstitutional and unlawful acts, poJicies,practices and conditions complained of

12 herein; 13

e. Retain jurisdiction over defendants until such time that the

14 Court is satisfied that defendants' unlawful policies, practices, acts and omissions no

15 longer exist and will not recur;

16

f. Award plaintiffs reasonable attorneys' fees pursuant to 42

17 U.S.C. 11988, indudina costs of this action; and

18 II 19 II 20 II 21 II 22 II 23 II 24 II 2S II 26 II · 27 II 28 II

-19-

1

g.

2 and proper.

.

3 Dated: April~, 1995

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

rJ

28

Award such other and further relief as this Court deems just RESPECfFULLY SUBMI I lED, NATIONAL PRISON PRomer

HEI J ER EHRMAN WInTE ct McAULIFFE

LEGAL SERVICES FOR PRISONERS WI1H CHU.DREN

s..,,? ,,,",
By: .:21 /If Ellen M.. Bany

~ for ptlintiffa Cwisae Shumate,

= _ Sharon CaaJe, Helen Pacheco, Rachel Silvas,

Marie Nesile, Deborah Belcher. Rose Munabia,

Deborah Webster, De·ftDI MiDI!IPI,_ Shelb&

~ PA.e.-ttaelya, IDjyaNvrlfea~DEe~ aBaerartzoiDl,L,is&

•

Brenda
Martin, Gina

Smith, lane Doe I,

1. . Doe II. Begerly Tucker, Bertba lones,

Hattie Dictel'SODt Maria NUll.., Marcia

~ aDd Delores Rico, on 6ehalf of

themselves and all other prisoDen at the

Cemral California Womeds Facility and the

Califomia Institution for WOIDCJl

ADDmONAL COUNSEL FOR PI..AIN"In"FS IDEN11f1ED ON ATrACHED USTING

ClASS ACI10N COMPLAlNT

.2().

1

SHUMATE. et al, v. WILSON. et al.

ADDITIONAL COUNSEL FOR PLAINTIFFS

2i

3

4

Alan Schlosser (CA Bar #049957) American Civil Liberties Union

5

Foundation of Northern California 1663 Mission Street

6

San Francisco, CA 94103 Telephone: (415) 621-2493

7 Silvia Argueta (CA Bar #1444(0)
8 American Civil Liberties Union
Foundation of Southern California 9 1616 Beverly Blvd.
Los Angeles, CA 90026 10 Telephone: (213) m-9S00
I
11

Jack Daniel (CA Bar #133498) Central California Legal Services T.W. Patterson Building 2014 Tulare, Suite 600 Fresno, California 93721 Telephone: (209) 441-1611
Carrie L. Hempel (CA Bar #126713) U.S.C. Post Conviction Justice Project University of Southern California Law
Center University Park Los Angeles, California 90089-0071 Telephone: (213) 740-7331

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

COMPLAINT-ClASS AcnON

=. ,. -=,~ .=. ~ =_.-...=-=~=====~ -- ==============--""===========

_ _ _ _ _ _-=E::.:A=S...;:T-=E..,;..R;..:.N~_ _ _ __ _ DISTRICT OF _ _--=C.:....:AL=I~F-=O..:.::R::..:N..::I.:...:A~_ _ _ _ __

CHARISSE SHUMATE, SHARON CAGLE,
et al., on behalf bf themselves and all-other prisoners at the Central California Women's Facility and the California Institution of Women

SUMMONS IN A CIVIL ACTION

v.

CASE NUMBER :

PETE WILSON, Governor of California in his official capacity, et ale

CIV-S-95 - 619 WBS

'.

TO: IH- ."• ..,.., 01 0.1_...11

Governor Pete Wi 1 son
Office of the Governor State Capitol Sacramento, CA 95814

YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and se",. upon

PLAINTIFF'S ATTORNEY ("L_ _ 1IIOt"11

Elizabeth Alexander Naticmal Prison Project· 1875 Calnecticut Ave., N.W.
WilshiDJtat, D.C. 20009

Olarles N. Freiberg
Dale A. Rice Heller, BhImm, iI'lite
" ~iffe 333 aJSh Street San Prancisco, ~ 94104

Ellen Barry Legal Services for Pri.salers
with Otildren
474 Valencia Street
Suite 230
San Francisco, CA 9410)

an answer to the complaint which Is he,ewith selYed upon you, within

20

days after S.MC8 of

this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken

against you for the relief demanded In the complaint.

JACK L. WAGNER

CLERK

DATE

BY OEPUTY CLERK

· . I :, J...::-:'"

Jtlnite~ ~tlltes ~ (strict (fourt

_ _ _ _ _ _-=E.:...:A:.=.S-T-E-R-N_ _ _ _ _ _ _ DISTRICT OF _ _ _C-=-AL=-==.=.FI-=O--=..R:..:.N=IA=-=-_ _ __

CHARISSE SHUMATE, SHARON CAGLE,
et al., on behalf of themselves and allother prisoners at the Central California Wome·it I s Facility and the California Institution of Women

SUMMONS IN A CIVIL ACTIO~

v.

CASE NUMBER:

PETE WILSON, Governor of ' California

in his official capacity, et a1.

CIV-S-95 - 619 WBS PAN

Joe G. Sandoval, Secretary Youth and Adult Correctional Agency 1100 11th St., Suite 400 Sacramento, CA 95814

YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon

PLAINTIFF'S ATTORNEY '''&.... 11'10 IIICI'..I.

Elizabeth Alexander
Natiaa1 Prism Project
1875 Ccmnecticut Ave., N.W. ~, D.C. 20009

Cllarles N. P'n!iberg
Dille A. Rice Heller, Btmaan, II1ite
" ~iffe 333 Bush Saeet:
San FraDcisoo, CA 94104

Ellen Barry
Legal Services for Pri5ale.rs with 01i1dren
474 Valencia Street Suite 230 San Francisco,·CA 94103

an answer to the complaint which is herewith served upon you, within

20

days after servIce of

this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taKen

against you tor the relief demanded in the complaint.

JACK L. WAGNER
CLERK
BY OEPUTY CLERK

4
OAT!

-~:.-..--.= = = = = = = =

===== ..====

Janit£h ~tates .JEI (strict QIourt

_ _ _ _ _ _ _E_A_S_T_E_R_N_ _ _ _ __ _ DISTRICT OF _ _ _C-,-A-:;L=I.:....FO~R:..:.N=IA::...:......._ __

CHARISSE SHUMATE, SHARON CAGLE,
et al., on behalf of themselves and all-other prisoners at the Central California Womeh's Facility and the California Institution of Women

SUMMONS IN A CIVIL ACTION

v.

CASE NUMBER :

PETE WILSON, Governor of California

in his official capacity, et al.

, ~\

James Gomez, Director California Department of Corrections 1515 S Street, Suite 351 Sacramento, CA 95814

YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon

",.11. PLAINTIFF'S A'!TOANEY f"I.'OIe ..O
Elizabeth Alexander Naticmal Priscn Project 1875 Ccmnecticut Ave., N.W. Washi.ngtal, D.C. 20009

Cl1arles N. Fre:iberq

Dale A. Heller,

Rmimceam,

1IU.te

, ~iffe

333 alSh St%eet

San f'ranciscx), CA 94104

Ellen Barry
I.sJal Services for Prisale.rs
with 0ti1dren 474 Valerx:ia Street SUite 230
San f'ranciscx), CA 94103

an answer to the complaint which is herewith served upon you, within

20

days after seNice of

this summons upon you. exclusive of the day of seMce. It you faU to do so, judgment by default will be taken

against you for the relief demanded In the complaint.

CLERK
p';.il".AY
BY DEPUTY CLERK

DATE

~ , - l : . ~';'-:"

J;lnite~ ~ta.tes JEJ istrict «ourt

·_ _ _ _-=-EA=---S-T-:.E~R_N_ _ _ _ _ _ _ DISTRICT OF _ _ _C_AL-=.=.I.=..FO.::.R:.:.N:.:.=.IA:..:..-._ _ _ _ _.___ _

CHARISSE SHUMATE, SHARON CAGLE,
et al., on behalf of themselves and. all-other priso~ers at the Central California Women's Facility and the California Institution of Women

SUMMONS IN A CIVIL ACTIO~

v.

CASE NUMBER:

CtV-S-9 619 was PETE WILSON, Governor of.California

in his official capacity, et al.

5 -

PAN

Kyle S. McKinsey Deputy Director, Health Care Services Division
770 L Street, Suite 1200 P.O. Box 942883 Sacramento, CA 94283-0001

YOU ARE HEREBY SUMMONED and required to file wtth the Clerk of this Court and serve upon

PI..AINTIFF'S ATTORNEY (~.,... ."CI_'ftll

Elizabeth Alexander
Natimal Prisal Project
1875 Camecticut Ava., N.N. W!shi..nqtal, D.C. 20009

Cl1arles N. Freiberq
Dale A. Rice Heller, 1ImIBn, Illite
" McAuliffe
333 Bush Street San Francisco, CA 94104

Ellen Barry Legal. Services for Pri.scmers
with Oli.ldren
474 Valencia Street Suite 230
san Francisco~ CA 94103

an answer to the complaint which is herewith served upon you, within

20

days after service of

this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be faken

against you for the relief demanded in the complaint.

·.JACK L. 1NAGNER

CLERK

DATE

• BY DepUTY CLERK

i ~ t : . .:.. : • .~ ..

Nniteb ~tates IJistrict ([ourt

~

~

_ _ _ _ _ _-=E.:...;A~S-T-E-R-N-_ _ __ _ _ DISTRICT OF _ _ _C_AL-=-=I..::..F..::::.O..:...:R::..:N-=I.:..:A~_ _ __

CHARISSE SHUMATE, SHARON CAGLE,
et al., 'on behalf bf themselves and all-other pris~~ers at the Central California Women's Facility and the California Institution of Women

SUMMONS IN A CIVIL ACTIO~

v.

CASE NUMBER :

PETE WILSON, Governor of California in his official capacity, et ale

ClV-S-95- 619 WBS PAN

Teena Farman, Warden
Central California Womens Facility 23370 Road 22 P.o. Box 1501 Chowchilla, CA 93610

YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serie upon

PLAINTIFF'S ATTORNEY '"I,.,. 11'0 .......,

Elizabeth Alexander NatiaJal Priscn Project '
1875 Camecti.cut Ave., N.W.
washington, D.C. 20009

Cllarles N. Fm:ibeEg
Dale A. Rice Heller, 1ImIan, Jltite
, MeAuliffe 333 Bush Street san Fnmcisco, CA 94104

Ellen Barry Legal Services for Prisa1ers
with Children 474 Valencia Street Suite 230 san Fnmcisco, CA 94103

an answer to the complaint which is "'~ith served upon you, within

20

days after seMee of

this summons upon you, exclusive of the day of service. If vou fail to dO so, judg~nent by default will be taken

·against you tor the relief demanded in the complaint.

JACK L. WAGNER

CLERK

DATE

J.RAJ

BY DEPUTY CLERK

= = =,. ,:;.,.;-,;;",-':::;::'= = = = = = = = = = = = = = = = = = =

~nite~' ~tates ~istrict (fourt

_ _ _ _-=EA:.:=.ST.:......::.ER=N--,--_ _ _ _ _ DlSTRICT OF _ __C=AL:.=cI::..cF::....;O:...:R=N.:.::I:.:.A~_ _ _ _ _,__

CHARISSE SHUMATE, SHARON CAGLE,
et al., on behalf ,of themselves and all-other prisoners at the Central California Worne'nls Facility and the California Institution of Women

SlJ~tMONS IN A CIVIL ACTION

'1/,

CASE NUMBER:

PETE WILSON, Governor of California

in his official capacity, et ale

CIV-S-95- 61 q WBS PAN

Gwendolyn Dennard Chief Medical Officer California Institute for Women 16756 Chino-Corona Road
P.O. Box 6000
Corona, CA 91719
YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon

PLAINTIFF'S ATTORNEY 1".,....IO(IIGCI..1I1
Elizabeth Alexander Natiooal Prison Project 1875 Camecticut Ave., H.W. washi.nqt.al, D.C. 20009

<l1arles H. Freibexq
Dale A. Rice Heller, f2m1an, tltdte
" McAuliffe 333 Bush stmet San Francisco, CA 94104

Bllen Barry
Isjal Sezvices for Prisaers
with <lti.ldren
474 Valencia Street
Suite 230
san Francisco, CA 94103

an answer to the compJaint which is herewith served upon you. within

20

days after servIce of

this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken

against you for the relief demanded In the complaint.

JACK L. WAGNEr

CLERK

DATE

BY OEPUTY CL.ERK

 
 IIIIII II Tnlill

1 EUZABETH ALEXANDER (DC Bar #412904) . KAREN BOWER (PA Bar #71669)
2 NATIONAl:. PRISON PROJECT 1875 Connecticut Avenue, N.W.
3 Washington, D.C. 20009 Telephone: (202) 234-4830
4 CHARLES N. FREmERG (CA Bar #070890)
5 DALE A. RICE (CA Bar #146249) HEIl.ER EHRMAN WHITE & MCAUUFFE
6 '333 Bush Street
I San Francisco, California 94~2878
7 Telephone: (415) 772-6000

_ . _.. _.......-...... ........-"'-"- - .
i
I
\ -----_. WAGNER. CLERK u.s. DI:::;TfUCT COL q : • : ., .::." .,' .,TRICT 01' CAUFORNIA ...J " • _. ~_-----..: ;'r·

I8 ELLEN M. BARRY (CA Bar #083220) RIVER GINCHILD (CA Bar #162609) 9 LEGAL SERVICES FOR PRISONERS WITII CHILDREN
474 Valencia Street, Suite 230 10 San Francisco, California 94103
Telephone: (415) 255-7036

11 CATHERINE CAMPBELL (CA Bar #065103)
12 P.O. Box 4470 Fresno, california 93728
13 Telephone: (209) 498-8140

HEW&M/SF
/"1) .'.I..,.,. "vh.O-_f"~'''.' .r:itt....~~,vc~-
OOCKETED FOR DATES

14 Attorneys for Plaintiffs Charisse Shumate, Sharon Cagle, et al., on behalf of themselves and all other
15 prisoners at the Central California Women's Facility and the California Institution for Women
16 [Additional Counsel Listed Following Signature Page]

~e'):; '
) .. - -

R·
·

r,~
..··.'

'-"
.... u

"
,

,,,; ,,
.".. .

~~-/tcL..-/.0Z~,

-

Doc. ~':a :~ .

Qe08:,;1 -::a .~: _ _

----....;.-.-- C::-H:~' (S~'(::~::V)

..---- . --.--~

17

18

UNITED STATES DISTRICf COURT

19

EASTERN DISTRICT OF CALIFORNIA

20 CHARISSE SHUMATE, SHARON CAGLE,

21 HELEN PACHECO, RACHEL SILVAS, MARIE NESTLE, ROSE MUNGHIA,

NO. CIY. S-95-619 WBS JFM

22

DEBORAH WEBSTER, DEANNA MILLSAPS, SHELBA PETIEY, DARLENE BRAZIL,

23

MARILYN STIrCH, BRENDA ANGLE, -" UNDA EAGERTON, CYNTHIA MARTIN,"-',,-

AMENDED COMPLAINT -CLASS ACTION

24

GINA JOHNSON, NINA MYART,

"-.......,

LISA SMITH, JANE DOE I, JANE DOE fi, .

25

BEVERLY TUCKER, BERTHA LYONS, HATI1E DICKERSON, MARIA NASALGA,

26

MARCIA BUNNEY, DELORES RICO, and BLANCA MONTERROSA, on behalf

27

of themselves and all other prisoners at the Central California Women's Facility and

28 the California Institution for Women,

COMPLAINT-CLASS ACJ'ION

1
Plaintiffs, 2
v.
3 PETE WILSON, Governor of California, in
4 I his official capacity; RUSSELL GOULD, : -Director of Fmance of the State of
5 California, in his official capacity, JOSEPH SANDOVAI.., Secretary of the Youth
6 and Corrections Agency of the State of California, in his official capacity, JAMES
7 GOMEZ, Director of the California Department of Corrections, in his official capacity, KYLE
8 S. McKINSEY, Deputy Director for Health Care Services for the Department of Corrections,
9 in his official capacity;~ADIM KHOURY, Assistant Deputy Director for Health Care
10 Services for the Department of Corrections, in his official capaClty; TEENA FARMON,
11 Warden of the Central California Women's
Facility, In her official capacity; KENNETH
12 FOLLETI, Medical Director at the Central California Women's Facility, in his
13 official capacity; SUSAN POOLE, Warden of the California Institution for Women, in her
14 official capacity; and GWENDOLYN
DENNARD, Medical Director at the
15 California Institution for Women, in her
official capacity,
16
Defendants.
17

18

19

C~SAcnONCOMP~

1

20

On behalf of themselves and the class alleged here~ plaintiffs state the

21 following for their complaint against defendants:

22

PREUMINARY STATEMENT

23

1. This is a class action brought by plaintiffs on behalf of all persons

24 who are now or in the future will be confined in the Central California Women's Facility

25 (hereinafter CCWF) in Chowchilla, California and the California Institution for Women

26 (hereinafter CIW) in Frontera, California.

27

2. Plaintiffs seek declaratory and injunctive relief for deprivations

28 under color of state law of rights, privileges, and immunities secured by the Constitution

COMPlAINT-CLASS AcnON

-1-

1 of the United States, and in particular those secured by the First, Fourth, Fifth, Eighth,

2 Ninth and Fourteenth Amendments thereof.

3

3. Plaintiffs seek relief from defendants' knC?wing and deliberately

4 indifferent failure to provide necessary care for serious medical needs. Defendants'

5 actions deny basic human needs, inflict needless pain and suffering, and threaten

6 plaintiffs' physical and mental well-being. Plaintiffs also seek relief from defendants'

7 failure to recognize and protect plaintiffs' right of privacy with regard to sensitive

8 medical information. .

9

JURISDICTION

10

4. Plaintiffs seek to vindicate rights protected by the First, Fourth,

11 Fifth, Eighth, Ninth and Fourteenth Amendments of the United States. This Court has

12 jurisdiction of this. civil action pursuant to 28 U.S.C. §§1331 and 1343(a)(3) and (4).

13 Pursuant to 28 U.S.C. §§2201 and 2202, this Court has jurisdiction to declare the rights

14 of the parties and to grant all further relief found necessary and proper.

. 15

VENUE

16

5. Venue is appropriate in this Court pursuant to 28 U.S.C. §1391(b),

17 because a substantial part of the events or omissions giving rise to plaintiffs' ,claims

18 occurred within the Eastern District of California and most of the defendants reside

19 therein.

20

PARTIES

21

A Plaintiffs

22

6. All plaintiffs are prisoners at CCWF or CIW.

23

7. Plaintiff Charisse Shumate is confined at CCWF. She suffers from

24 sickle cell anemia, heart problems, pulmonary hypertension and asthma. Defendants

25 have periodically delayed and interrupted her medication and have denied her a

26 medically necessary special diet She has been denied adequate outside follow-up care

27 for her life-threatening condition. Despite her pulmonary hypertension and asthma,

28 defendants have failed to provide her with appropriate housing and treatment. In

COMPl.AINT-CLASS AcrION

-2-

1 addition, as a result of defendants' system requiring co-payment for medical care, she is

2 receiving inadequate medical care.

3

8. Plaintiff Sharon Cagle is confined at CCWF. She is paralyzed on

4 her left side and until recently was confined to a wheelchair as a result of seizures she

5 experienced on June 4, 1994. She was not given necessary specialist follow-up care for

6 almost two months. She has been given no instruction in dressing, hygiene, or use of
.-iJitII
7 her wheelchair; no access to an attendant; and no occupational or physical therapy. As a

8 result of the failure to provide treattylent, she may have suffered a permanent loss of

9 function. On February 22, 1995 she experienced a seizure, during which she injured her

10 foot. Her roommates attempted to summon a medical technical assistant (hereinafter

11 MTA), but no one came for approximately 45 minutes. Although she was concerned

12 that her foot was broken, she was not examined by a physician until February 27, 1995.

13

9. Plaintiff Helen Pacheco is confined at CIW. She developed multiple

14 sclerosis in prison. She has been denied recommended effective treatment for her

15 condition, as well as. the special diet recommended for her.

16

10. Plaintiff Rachel Silvas is confined at CIW. She has longstanding

17 bowel problems resulting in inability to have a bowel movement for periods of up to two

18 weeks. She has been denied medically necessary diagnostic procedures to diagnose the

19 cause of her problem. .

20

11. Plaintiff Marie Nestle is sixty-eight years old and confined at CIW.

21 English is her second language. She has asthma and cardiac problems. In May 1994 she

22 was taken to the Out-Patient Housing Unit at CIW because of an attack of
23 I breathlessness. She was placed in a locked room for approximately twelve hours.

24 During most of that time she was left alone, despite continuing breathing problems. She

25 was unable to get oxygen, or even the' medications that would have been a\railable to her

26 had she remained on her housing unit. She suffered extraordinary fear and anxiety from

27 being locked in a small room during her asthma attack. When staff finally evaluated her

28

COMPLAINT-CLASS AcrION

-3-

1 condition, she required an emergency transfer to a hospital, where she was placed in

2 intensive care for approximately three days.

3

12. Plaintiff Rose Munghia was transferred to CIW in July, 1994.

4 Shortly prior 'to her transfer, she broke or dislocated a toe on her foot. Upon entering

5 CIW, she requested evaluation and treatment of the injury, but was told that nothing was

..... 6 wrong. In December 1994, she filed a grievance about continuing problems with her
7 foot. She was reexamined by a physician; and her problem was finally diagnosed. She

8 has been subjected to two subsequent attempts to rebreak and set her toe. The most

9 recent attempt occurred on February 7, 1995. Although she was given crutches fqllowing

10 the surgery, she was not given training in their use, nor was she given the pain

11 medication prescribed by the outside physician. CIW refuses to transfer her to a lower

12 bunk which she needs until her foot heals. CIW medical staff have told her that her

13 bandages must be changed at the hospital that perfonned the surgery, but despite

14 repeated visits to sick call, she has been unable to obtain a second return appointment to

15 the outside hospital.: Her foot is now hot, discolored, and itc~es, and she fears that an

16 infection has developed.

17

13. Plaintiff Deborah Webster is confined at CIW. In December 1994

18 she had an abnormal pap smear for which she has received no treatment She also

19 suffers from heart disease and asthma. At the end of February or beginning of March

20 1995, she experienced chest pain and difficulty breathing. She 'went to the infirmary but

21 was not examined by a physician for almost twenty-two hours, although she was

22 administered oxygen by a nurse. She experienced great anxiety during the period she

23 was awaiting an examination. She has experienced significant problems obtaining

24 medication renewals.

2S

14. Plaintiff Deanna Millsaps was transferred to CIW in December

26 1994. She was forced to pay for her intake physical at C1W. She suffers from seizure

27 disorder and menstrual difficulties related to polycystic ovaries. Since she arrived at

28 CIW she has been unable to obtain medication to control her menstrual problems. She

COMPLAINT-CLASS ACTION

-4-

1 has also suffered significant interruptions in her seizure disorder medication. She has

2 been denieaa requested pap smear unless she pays an additional fee, although she

3 already was charged for a pap smear.

4

15. Plaintiff Shelba Pettey is a prisoner at CIW. She has a history of

5 uterine, stomach, and esophageal cancer. As a result, she suffers from·a prolapsed

6 bladder and from abdominal swelling, gas, nausea, and diarrhea. She has never received
I7 a prescribed special diet for her condition. She has suffered profound weight loss and
I
I8 has been severely anemic, due to blood loss from her digestive tract. Her prescriptions

9 for chronic medications are frequently disrupted. Her treating physician ordered two

10 ultrasounds to determine the cause of the abdominal swelling. Initially, she waited three

11 months to receive the first ultrasound. The second time she was given a pelvic

12 ultrasound, not a stomach ultrasound. She suffers from severe back pain. Several years

13 ago her wheelchair was taken away, despite her continued pain when walking. She has

14 requested a cane, but it has been denied. She has been forced to work although she is

15 grossly anemic, with. a hemoglobin count of 6.5. She is unable to get her dentures

16 repaired because· she has paid for two repairs already and cannot continue to pay S5.00

17 for each repair, particularly because she is charged S5.00 for each of her medical visits.

18

16.. Plaintiff Darlene Brazil is confined at CIW. The cartilage in her

19 temporomandibular Gaw) joint has deteriorated, so that it no longer protects the bones

20 from coming into direct contact. She had surgical manipulation of the jaw in 1993 that

21 provided no relief. CIW medical staff have failed to provide definitive treatment, with

22 the result that she has continuing pain and disability. Her condition interferes with

23 eating and prevents a full dental examination.

24

17. Plaintiff Marilyn Stitch is a 56 year old woman. In October 1994

25 she had a chest x-ray that showed abnormalities suggestive of tuberCUlosis. She was

26 given a sputum test for tuberculosis at CIW, but she was not placed in respiratory

27 isolation until after the sputum smear revealed acid-fast bacteria. In November, she was

28 diagnosed as infected with Mycobacterium avium-intracellurare, not tuberculosis.

COMPLAINT-CLASS ACllON

-5-

1 Because the defendants failed to refer her promptly to a specialist to clear her for

2 I treatment, ner treatment for the Mycobacterium avium-intracellurare infection was

3 delayed. She suffered fatigue, shortness of breath, and anxiety because of the delay in

4 treatment.

I'

I

5

18.

Plaintiff Brenda Angle suffered heart attacks in 1988 and 1991. She

I
i

6 also suffers from hypertension and borderline diabetes. ,Since her entry into CIW in

7 October, 1994, she has been attempting to obtain medication for her illnesses. Not until

8 the week of March 6, 1995, did she receive nitroglycerin tablets for her heart disease.

9 She still receives no other medication. She has been repeatedly charged for her attempts

10 to get her medications and other medical services; payment of these charges has posed a

11 hardship, for her.

12

19. Plaintiff Linda Eagerton is confined at CCWF. She has experienced

13 long delays in receiving pap smear results.

14

20. Plaintiff Cynthia Martin was confined at CCWF until May 16, 1995.

15 She requires non-ro1:ltine medical care for serious bums to 54% of her body. Because

16 defendants have denied her physical therapy, she is now confined to a wheelchair. The

17 failure to provide appropriate medical treatment has significantly exacerbated the

,18 amount of perm~ent scarring she has suffered. Defendants have also denied her

19 medically necessary equipment She has not received routine gynecological care since

20 October 1992.

21

21. Plaintiff Gina Johnson was pregnant when she entered CCWF. She

22 was denied gyneco~ogical care for 17 days despite abnormal vaginal bleeding after her

23 delivery. ' After she was finally diagnosed, she required a dilation and curettage (D & C)

24 to remove a retained portion of the placenta.

25

22. Plaintiff Nina Myart is confined at CCWF. She was denied

26 necessary follow-up care consistent with discharge instructions after hernia surgery and a

27 breast biopsy, despite her numerous attempts to use the sick call system to report her

28 problems. As a result, it is likely that she will need corrective surgery.

COMPLAINT·ClASS AcrION

~6-

1

23. Plaintiff Lisa Smith is confined at CCWF. While on her job

2 assignment,-on January 26, 1995, she fell, cutting her nose and momentarily losing

3 consciousness. The MTA who was called to see her failed to treat her or refer her for

4 an appropriate evaluation.

5

24. Plaintiff Jane Doe I is confined at CCWF. She is an mv positive

6 prisoner who suffers from herpes. Defendants denied her necessary specialty care for
71 mv disease, and failed to diagnose and treat her effectively when she had meningitis 81 until she went into a ·coma. Defen~ants have also denied her necessary medicine for her

9 I herpes infection.

10

25. Plaintiff Jane Doe II is HIV-positive. She lives in Walker '~ the

11 unit at CIW designated for prisoners who are mv-positive. Her confinement in Walker

12 A automatically discloses her HIV status. She cannot move to any other housing without

13 specifically informing any prospective cellmate of her HIV status. In 1993 she tested

14 positive for tuberculosis infection. Despite her known HIV status, she was taken off

15 tuberculosis medications after she became pregnant. As a result, she developed active

16 tuberculosis. She was denied appropriate treatment during her pregnancy, including

17 treatment for a vaginal infection, 'evaluation of possible injuries from a fall, and provision

18 of a special diet :while pregnant. Although she bled heavily during and after delivery of

19' her baby, she was returned to CIW after one day and not given follow-up examinations

20 for a significant period of time. After her return to CIW, she was locked overnight into

21 a cold and drafty room that lacked a call button in the Out Patient Housing Unit, even

22 though she was unable to use the bathroom by herself.

23 1

26. Plaintiff Beverly Tucker arrived at CCWF in November 1993 from

24 CIW. She advised medical staff that at CIW she had been prescribed heparin for long-

25 standing thrombophlebitis (blood clots) in her legs. Despite repeated attempts to get 26 treatment, she never received appropriate medication. As a result, she is now in danger 27 of developing gangrene and needs to have her foot amputated. .

28

COMPLAINT·CLASS AcnON

-7-

1

27. Plaintiff Bertha Lyons is confined at CCWF. She suffers from

2 hypertension and severe back and hip pain and muscle spasms, but at times has been

3 denied medication for her pain, and has been denied medically necessary surgery. In

4 October 1994 she had a sonogram in which lumps were discovered in her breasts. She

5 was told that a biopsy was necessary but did not receive the biopsy until early 1995.

...,. 6 Staff confiscated her cane when she arrived at CCWF. She needs crutches or a cane to .
7 walk, but is provided with neuner.

8

28. Plaintiff Hattie .Dickerson is confmed at CCWF. She suffers from a

9 severe seizure disorder. Defendants have denied her necessary neurological follow-up

10 care for her chronic condition, and have refused to attend to her during and immediately

11 after seizures.

12

29. Plaintiff Maria Nasalga was confined at CCWF until May 6, 1995.

13 She suffers from high blood pressure. She has experienced long delays in refilling her

14 blood pressure prescriptions and has not received appropriate follow-up care for her

15 hypertension.

16

30. Plaintiff Marcia Bunney is confined at CCWF. She suffers from

17 rheumatoid arthritis. She has experienced long delays in refilling her medication and has

18 been denied medication for several months. As a result, she has experienced

.

.

19 unnecessary pain and the possibility of further joint deterioration.

20

31. Plaintiff Delores Rico has been experiencing serious dental

21 problems since she entered CCWF, and has experienced long delays in receiving dental

22 care. She is scheduled for release on May 26, 1995.

23

32. Plaintiff Blanca Monterrosa is confined at CCWF. Her primary

24 language is Spanish and her written and oral comprehension of English is very limited.

25 She has substantial swelling in her abdominal area which causes her tremendous pain.

26 Although she has been seen by medical personnel at CCWF, she has been unable to

27 obtain an explanation she understands about her condition. She is extremely distraught

28 by her pain and her lack of information about her condition.

COMPLAINT-CLASS ACI'ION

-8-

1

B. Defendants

2,

- 33. Defendant Pete Wilson is the Governor of the State of California

3 and the Chief Executive of the state government. As such, he is obligated under state
I
I
4 I law to supervise the official conduct of all executive and ministerial officers and to see

5 6

... that all offices are filled and their duties carefully performed. Defendant Wilson has
control over the monies allocated to the California Department of Corrections by virtue

7 of authority to present to the 1\~gisla~re the Department of Corrections' annual budget

8 and his authority to veto or sign legislation appropriating funds for prison medical care.

9 Defendant Wilson has the authority to appoint and remove the subordinate defe~dants

10 named herein. Defendant Wilson haS the ultimate state authority over the care and

11 treatment of the plaintiff class, and is responsible for the administration and operation of

12 the Department of Corrections.

13

34. Defendant Russell Gould is the Director of Finance for the State of

14 California. As such, he is involved with, and has control over, the budgetary process and

15 financial decisions affecting the Department of Corrections. .He is involved with many

16 aspects of, and has control over, the expenditure of government funds on behalf of and

17 by the Department of Corrections, including expenditures relating to the provision of

18 medical care to prisoners.

19

35. Defendant Joseph Sandoval is Secretary of the Youth and

20 Corrections Agency of the State of California. As such, he is responsible for supervising

21 the operation of the California Department of Corrections.

22

36. Defendant James Gomez is the Director of the California

23 Department of Corrections. As such, he is responsible for the operation of the

24 California prison system, including the provision of medical care for prisoners confined

25 therein.

26

37. Defendant Kyle S. McKinsey is the Deputy Director for Health Care

27 Services for the Department of Corrections and Defendant Nadim Khoury is the

28 Assistant Deputy Director for Health Care Services for the Department of Corrections.

COMPLAINT-CLASS ACTION

-9-

1 As such, they are responsible for developing and implementing a system of health care

2 addressing-the serious medical needs of prisoners within the Department of Corrections.

3

38. Defendant Teena Farmon is the Warden of the CCWF. As such

4 she is responsible for the daily operation of the prison, including medical care.

5

39. Defendant Kenneth Follett is the medical director at the CCWF.

6 As such he has direct responsibility for providing care for sepous medical needs to the

7 prisoners therein.

8

40. Defendant Susan Poole is the Warden of the CIW. As such she is

9 responsible for the daily operation of the prison, including medical care.

10

41. Defendant Gwendolyn Dennard is the medical director at the CIW.

11 As such she has direct responsibility for providing care for serious medical needs to the

12 prisoners therein.

13

42. All defendants are sued in their official capacities. At all relevant

14 times, all defendants were acting under color of state law and pursuant to their authority

15 as officials, agents, ~ontractors or employees of the State of California.

16

ClASS ACfION ALLEGATIONS

17

43. The named plaintiffs seek to maintain this action on behalf of

18 themselves and all others similarly situated pursuant to Rules 23(a) and 23(b) of the

19 Federal Rules of Civil Procedure. They seek to represent a class of all persons who are

20 now or in the future will be confined in the CCWF or CIW. As a result of their

21 confinement in CCWF or CIW, members of the class including the named plaintiffs are

22 or will be subjected to violations of the rights to be free of cruel and unusual punishment

23 under the First, Fourth, Fifth, Eighth, Ninth and Fourteenth Amendments to the

24 Constitution. The named plaintiffs represent a class of persons seeking declarative and

25
.

I! III

26 I

injunctive relief to eliminate defendants' actions, policies, and practices that deprive them of those rights.

I

27 1

I

28

1

I COMPLAINT-CLASS AcrION

-10-

1

44. The CCWF has an average daily population of more than 3800

2 women. The CIW has an average daily population of more than 1800 women. As such,

3 the proposed class is so numerous that joinder of all members is impracticable.

4

45. Whether the defendants have violated the plaintiffs' right to be free

5 from cruel and unusual punishment under the Eighth and Fourteenth Amendments and

6 whether the defendants have violated the plaintiffs' ·right to confidentiality for sensitive

7 medical information are questions common to the claims of the entire class. The

8 defendants' policies and practices with regard to their system of medical care and the

9 confidentiality of medical ~ormation, as set forth below, also present questions of fact
I10 commoo to the class as a whole.

11 I

46. The claims of the plaintiffs are typical of the claims of the class.

i
12 The named plaintiffs include prisoners with a range of serious medical conditions typical

13 of the claSs as a whole. The named plaintiffs, including those identified as mv-positive,

14 are directly injured by the disclosure of sensitive medical information as a ~esult of the

15 defendants' policies and practices.

16

47. Plaintiffs will fairly and adequately represent the interests of the

17 class. The plaintiffs have no interests separate from those of the class, and seek no relief

18 other than the relief sought on behalf of the class. The plaintiffs' counsel are

19 experienced in the protection and enforcement of the constitutional rights of prisoners.

20

48. The defendants have acted and refused to act on grounds generally

21 applicable to the class, therefore making appropriate final injunctive relief with respect

22 to the class as a whole.

23

FAcrs GIVING RISE TO TIIE CAUSE OF ACTION

24

49. Ordinarily prisoners at both CCWF and CIW can obtain access to a

25 physician only through a cumbersome process.

26

50. The first step in that process is for the prisoner to be seen at sick

27 call. At CIW, sick call is available once per week per housing unit. In December 1994,

28 CCWF also reduced the availability of sick call to once per week for each housing unit

COMPLAINT-CLASS AcrION

-11-

1

51. Prisoners requesting sick call are forced to stand outside for

2 prolonged periods of time, regardless of weather conditions. Not all prisoners are

3 consistently seen at a particular sick call, because of shortages of time.

4

52. The limited availability of sick call and the use of outdoor sick call

5 lines seriously impede prisoners' access to health care.

6

53. At CCWF, and on occasion at CIW, MTAs are used to conduct sick

7 call. In addition, MTAs at CIW conduct medical rounds in housing units for women who

8 are not allowed to go to general sic~ call. Thus, the MTAs perform medical triage

9 functions to determine who receives examinations and care by a physician.

10

54. Prisoners requiring emergency medical care must persuade

11 correctional staff to summon an MTA, and then persuade the MTA to evaluate them for

12 emergency care.

55. The MTA staff are not qualified to perform the medical triaging

14 functions they are asked to perform. The minimum requirement for MTA positions is

IS ! approximately one year of post high school training. Triaging of patients for sick call I
16 and emergency access to health care appropriately requires physicians, licensed physician

17 assistants, or registered nurses who have completed specialized training in medical

18 assessment.

19

56. As a result of the use of MTAs to perform triaging "for which they

20 I,! are unqualified, prisoners with serious or potentially serious health care complaints have 2. 1iI not received access to timely medical evaluation and treatment .

22 !

57. For example, a correctional officer attempted to summon an MTA

I 23 to evaluate a prisoner at CCWF with medical complications from AIDS, including fever,
1
24 severe diarrhea, and edema. The prisoner was covered with oozing open sores and in

25 unremitting pain. She was unable to eat. The MTA refused to see her. Two days later,

26 an MTA again refused to evaluate her, despite the fact she had developed labored 27 breathing. Not until the following day was she even taken to the infirmary. She died

28

COMPU\INT·CLASS AcrION

-12-

1 I about three weeks later in a hospital. The allegations in this paragraph are made on

2 . informatioILand belief.

3

58. Another prisoner at CCWF was evaluated by an MTA for

4 complaints of excessive menstrual bleeding. She repeatedly requested evaluation by a

5 physician, but the MTA told her she was menopausal and refused to place her on the

6 physician's list. She was in great pain and she was passing large clots of blood. Over 7 time she grew weak and lost ~ight. Several months later she was taken to a physician,

8 and was thereafter sent to an outsid~ hospital, where cancer was diagnosed.

9

59. After she returned to the facility she continued to be in great pain

10 and had difficulty eating. She suffered severe edema in her legs and she would'

11 frequently lie on the ground, crying. MTAs repeatedly refused her requests to see a

12 physician. On information and belief, one MTA told her that "no one had ever died

13 from swelling." She never received adequate pain medication as her condition worsened.

14 Although she could barely walk, she was denied a wheelchair and forced to walk to the

15 dining hall. Approximately nine months after her diagnosis she died of cancer.

16

60. At ClW, defendants use prisoners as medical vehicle attendants

171 (hereinafter MVAs). The MVAs are at times asIced to provide emergency health care,

18 ( such as administering oxygen or cardiopulmonary resuscitation (CPR) to their fellow

19 ' prison~rs. MYAs are not required to be trained to provide the medical services they are

20 asked to provide.

21 I

61. At ClW, prisoners with symptoms suggesting urgent or emergency

I 22 ! medical problems, such as chest pains or asthma attacks, are frequently placed in locked
23! rooms in the Out Patient Housing Unit. Although these rooms have call buttons, the

241 nursing staff frequently does not respond to the calls. The practice of locking patients

25 1 into these rooms causes these patients extraordinary anxiety. Many prisoners at CIW 26 fear confinement in the Out Patient Housing Unit and avoid seeking medical assistance 27 because they feel safer in their own housing unit.

28

.

COMPLAINT·CLASS ACTION

-13-

I

i

1 !

62. The defendants have issued a sick call procedure informing

i

2 I prisoners mat they will be charged five dollars per health care visit regardless of their

3 indigency status. For many prisoners at CIW and CCWF, five dollars represents the

4 equivalent of wages for a week or more. Although defendants claim that no prisoner

5 will actually be denied medical services because she has no funds, defendants have
.... 6 refused to so inform prisoners. In addition, the sick call procedure, as applied to ,
7 prisoners with limited funds, r.;quires prisoners to choose between necessary medical

8 care 'visits and other necessary items such as tampons and sanitary pads or medically

9 necessary vitamin supplements. As applied, the policy places a severe barrier between

10 prisoners and the receipt of necessary medical services.

11

63. On February 28, 1995, the California Department of Corrections

12 (DOC) issued a Notice of Change of Director's Rules. In connection with those Rules,

13 the DOC issued an Administrative Bulletin on March 14, 1995, which established the

14 Medical Standards of Care Program. The promulgation of the regulations proposed in

15 the Director's Rules,and Administrative Bulletin will have potentially life-threatening

16 consequences for 'prisoners at CIW and CCWF.

17

64. The proposed regulations contemplate that the DOC will provide

18 only those health care services that are determined to be "medically necessary" to

19 "protect life, prevent significant illness or disability or alleviate severe pain." Patients
20 with conditions that are not "readily amenable to treatment" will not be treated,

21 including patients suffering from "widely spreading cancer." Patients with conditions that

22

improve

without treatment
.

will

be

denied

treatment,

even

for

c.onditions

such

as

viral

23 hepatitis and mononucleosis. In addition, the regulations provide that physician may give

24 "services and pain relief to terminally ill persons" if the patients elect to forego other

25 types of care. Active treatment intended to prolong life is specifically excluded in such

26 cases. While there are some provisions to allow staff to obtain permission to treat

27 patients' additional health needs, that process is cumbersome and time consuming.

28

COMPlAINT-ClASS ACI'lON

-14-

65. Prisoners with symptoms obviously requiring emergency attention,

such as dangerously elevated blood pressure, grand mal seizures, or symptoms of stroke

3 or myocardial infarction, have received substantially delayed treatment and evaluation.

4 On a number of occasions these failures have seriously jeopardized their health.

5

66. Other prisoners who urgently need referrals for evaluation of serious

6 symptoms such as complications of HIV disease, abnormal bleeding following childbirth,

7 or complications of diabetes and other chronic diseases such as potentially life-
I
I8 threatening infections are delayed or not referred for appropriate medical services.

9 I

67. Admission physicals are incomplete, and do not reliably note prior

tO l medical history, including current medication. Essential medication and medical

11 1 treatment previously prescribed are not reliably continued.

12 1

68. There is no reliable system for organized follow-up medical care for

13 prisoners with chronic diseases. There are no regularly scheduled chronic disease clinics,

14 treatment plans or procedures for routine follow-up care for prisoners with diseases such

15 as diabetes, seizure disorder, or HIV disease. For example, a prisoner whose diabetes

16 has not been given standard follow-up has suffered a progressive and permanent partial

17 loss of vision. A seizure patient has had her long-standing medication interrupted

18 resulting in numerous seizures.

19

69. Prisoners who require outside medical care frequently experience

20 ·unreasonable delays and cancelled appointments due to an unreliable patchwork system

21 for specialty referrals.

22

70. There is no system for necessary routine gynecological care. Many

23 prisoners need pap smears and mammograms.

24

71. Prisoners on medications for chronic diseases frequently have their

25 prescriptions disrupted. Prisoners have been told that they must hand in an empty

26 medication container to obtain a refill of their prescription, but refill can take several

27 days. The common disruption of prescription medications poses an unnecessary and

28 unreasonable risk to prisoners' health.

COMPLAINT-CLASS AcrION

-IS-

1

72. Recently defendant Dennard, apparently as a cost-cutting measure,

2 severely restricted the prescription of pain medication. As a result, a number of patients

3 at CIW, including AIDS patients close to death, have been forced to suffer unnecessary

4 pain.

5

73. Among the medications subject to interruption are anti-tuberculosis

6 medications. The interruption of anti-tuberculosis medicatio~ has the potential to result

7 in the development of multidrug-resistant tuberculosis and thus poses a risk to all

8 prisoners confined -at CCWF and CIW, as well as staff and the general public.

9

74. Patients whom medical staff suspect have active tuberculosis are not

10 placed in: respiratory isolation in qualified negative pressure rooms, as required under

11 Centers for Disease Control (hereinafter CDC) guidelines. At CIW, suspect cases who

12 were later confirmed to have active tuberculosis have been housed in the Out Patient

13 Housing Unit, a practice that places other prisoners at great risk. This failure to follow

14 CDC guidelines places all prisoners and staff at risk of contracting tuberculosis.

15

75. Necessary examinations and tests are frequently delayed and follow-

16 up on abnormal results is unreliable.

17

76. There is no system to provide for non-routine medical needs. For

18 example, prison~rs who need specialized medical items are either provided these items

19 after unreasonable delays, or the items are never provided. These items include medical

20 supplies as common as Canadian crutches or Jobst garments, used to promote healing

21 and preservation of function in patients recovering from serious burns. Prescriptions for
I 22 medications not included in the formulary list are virtually unobtainable.

23

77. Prisoners with health problems resulting in serious restrictions in

I 24 function are denied medically necessary equipment, including functioning wheelchairs

25 and adjustable hospital beds. Some wheelchairs lack working brakes and are dangerous.

26

78. Medical treatment is not appropriately coordinated with mental

27 health evaluation and treatment. For example, prisoners with symptoms related to

28 phy&ical problems are sometimes assumed to have mental problems, with the result that

CO~~~SAcnON

-16-

1 urgent and emergency physical problems are not diagnosed. For example, a prisoner at

2 CCWF who-had acute medical and psychiatric needs was confined naked in a filthy cell

3 where she ingested her own feces. She died of acute pancreaiis that went untreated until

4 she was terminally ill.

., 5

79. Conversely, medical complications related to mental health

6 problems are not reliably addressed. For example aprisoner at CCWF who needed

7 mental health treatment was allowed to starve to death.

8

80. The unreliable system for medication renewal and monitoring also

9 interferes with assessment of treatment of patients on psychotropic medication, who

10 require monitoring for physical side effects of these medications.

11

81. CCWF and CIW offer no physical therapy.

12

82. Prisoners at CCWF can receive medically necessary diets only by

13 living in the infirmary, where they are unreasonably denied privileges and essentially kept

14 on lockdown status. Prisoners at CIW are similarly denied medically necessary special

15 diets.

16

83. Prisoners who are terminally ill are denied appropriate medical

17 I care, causing unnecessary pain and suffering. This lack of care is exacerbated because

18 CCWF and CIW fail to attempt to procure compassionate release of terminally ill

19 prisoners.

20

84. Prisoners with known respiratory illness do not have their

21 respiratory needs met. Defendants' failure in this regard exacerbates their respiratory

22 problems.

23

85. CCWF and CIW fail to provide necessary health care education and

24 preventive care.

25

86. There is no system to assure that patients monolingual in Spanish

26 have necessary medical information provided in their language. Very little medical

27 information is available to patients who are primarily or exclusively Spanish-speaking.

28

COMPLAINT-ClASS AcnON

-17-

iI . 1

87. Necessary dental care is substantially delayed. When prisoners do

2 receive dental treatment, they are frequently offered temporary fillings or extractions

3 I rather than appropriate definitive treatment for their problems.

4

88. Numerous prisoners have attempted to no avail to file individual

5 grievances complaining to staff about inadequate medical care. Defendants have been

6 informed on numerous occasions regarding specific instances of inadequate health care.
7 Moreover, the failure of the '~~endants to establish an appropriate system of health care

8 presents an obvious and unnecessary risk to plaintiffs' health.

9

89. Defendants know that they are exposing prisoners to unreasonable

10 risks of death and serious injury by their failure to correct the deficiencies in the health

11 care system.

12

90. Even though defendants know that they lack a proper system for

13 medical care, they have failed to take reasonable and effective steps to establish an

14 appropriate health care system.

15

91. .Defendants' failure to provide an appropriate system of health care

16 results in needless pain and suffering, the overall deterioration of plaintiffs' health, and

17 avoidable fatalities.

18

92. Defendants and their staff frequently disclose confidential medical

19 information about prisoners.

20

'93. For example, at CIW,prisoners who are known to be mY-positive

21 must disclose this confidential information to potential cellmates in order to move to

22 general population.

23

mv- 94. At both CCWF and CIW, it is widely known that

positive

mv 24 women are housed in specific locations and staff disclose specific information about

25 status.

26

95. AtCIW, there is no privacy at the pharmacy window, so that women

27 who must pick up prescriptions can easily be overheard in conversations that necessarily

28 disclose private medical information.

COMPLAINT~ClASS ACrION

-18-

1

CLAIMS FOR REliEF

2 I

- 96. As alleged above in paragraphs 48-91, defendants' deliberate

I3 indifference to plaintiffs' serious medical needs causes avoidable pain, mental suffering

4 and deterioration of their health. In some cases, it has resulted in premature death.

5

97. Defendants' policies, practices, acts and omissions evidence and

...,. 6 constitute deliberate indifference to the rights of prisoners and violate the Cruel and
7 Unusual Punishments Oause of the Eighth Amendment, made applicable to the states

8 through the Fourteenth Amendment to the United States Constitution.

9

98. Defendants' policies, practices, acts and omissions also violat~ the

10 plaintiffs' right to privacy for confidential information guaranteed by the First, Fourth,

11 Fifth, Eighth, Ninth, and Fourteenth Amendments.

12

99. As a proximate result of defendants' policies, practices, acts and

13 omissions, plaintiffs have suffered and will continue to suffer immediate and irreparable

14 injwy including physical, psychological and emotional injwy and death. Plaintiffs have

15

no

plain,

adequate

o.r

complete remedy
.

of

law

to

address

the .wrongs

described

herein.

16 The injunctive relief sought by plaintiffs is necessary to prevent continued and further

17 injury. 18

PRAYER FOR RELIEF

19·

100. WHEREFORE, plaintiffs, individually and on behalf of all others

20 similarly situated, request that this· Court do the following:

21

a. Assume jurisdiction over this action;

22

b. Issue an order certifying this action to proceed as a class

23 pursuant to Rules 23(a) and (b)(2) of the Federal Rules of Civil Procedure;

24

c. Issue· a judgment purs~ant to 28 U.S.c. 12201 and Rule 57 of

2S the Federal Rules of Civil Procedure declaring that the policies, practices, acts' and

26 omissions complained of herein violate plaintiffs' rights as set forth in paragraphs 48-91.

27 28

COMPLAINT-CLASS ACI'ION

-19-

1 iI

d. Issue permanent injunctive relief sufficient to rectify the

I2 unconstitutional and unlawful acts, policies, practices and conditions complained of
i
3 herein;

4

e. Retain jurisdiction over defendants until such time that the

5 Court is satisfied that defendants' unlawful policies, practices, acts and omissions no

6 longer exist and will not recur;

7

f. Award plaintiffs reasonable attorneys' fees pursuant to 42

8 U.S.C. §1988, including costs of this action; and

9

g. Award such other and further relief as this Court deems just

10 and proper. 11 Dated: May 25, 1995

RESPECIFULLY SUBMITTED,

12

NATIONAL PRISON PROJEcr

13

HELLER EHRMAN WHITE & McAUIJFFE

i 14 '

L E G A LwSrErnR VCIHC EI lSDFROERN P R I S O N E R S

CATIlERINE CAMPBELL, ESQ.

15
16

a. BY:~ f3 c.iI. Dale A Rice

17 Attorneys for Plaintiffs Charisse Shumate,

18

Sharon Cagle, Helen .Pacheco, Rachel Silvas, Marie Nestle, Rose Munghia, Deborah

19

Webster, Deanna Millsaps, Shelba Pettey,
Darlene Brazil, Marilyn Stitch, Brenda Angle,

20

Linda Eagerton, Cynthia Martin, Gina Johnson,
Nine Myatt, Usa Smith, Jane Doe I, Jane Doe

21

II, Beverly Tucker, Bertha Lyons, Hattie Dickerson, Maria Nasalga, Mar~a Bunney,

22

Delores Rico and Blanca Monterrosa, on behalf of themselves and all other prisoners at the

23

Central California Women's Facility and the California Institution for Women

24

25

ADDmONAL COUNSEL FOR PLAINTIFFS IDENTlFIED ON AlTACHED USTING

26

27

28

COMPLAINT-CLASS AcrION

-20-

SHilMATE. et al. v. WILSON. et al.
ADDITIONAL COUNSEL FOR PLAINTIFFS 2

3

4 Ann Brick (CA Bar #065296)

5

I
I
I

American Civil Uberties Union Foundation of Northern California 1663 Mission Street

6

San Francisco, CA 94103 Telephone: (415) 621-2493 ,

7
Silvia Argueta (CA Bar #144400) 8 American Civil Uberties Union
Foundation of Southern California 9 1616 Beverly Blvd.
Los Angeles, CA 90026 10 Telephone: (213) 977-9500

11

! .
Jack Daniel (CA Bar #133498) Central California Le$al Services T.W. Patterson Buildmg 2014 Tulare, Suite 600 Fresno, California 93721 Telephone: (209) 441-1611
Carrie L. Hempel (CA Bar #126713) U.S.C. Post Conviction Justice Project
University of Southern California Law
Center University Park Los Angeles, California 90089-0071 Telephone: (213) 740-7331

12

13

14

15

16

17

.18

19

20

21

22

23

24

25

26

27

28

COMPLAINT-CLASS ACTION

-21-

1

I, Ann Lemke, declare as follows:

2

I am employed with the law flIlIl of HELLER, EHRMAN, WHITE &

3 McAUUFFE, whose address is 333 Bush Street, San Francisco, California 94104-2878. I

4 am readily familiar with the business practices of this office for service of filings by hand;

5 I am over the age of eighteen years and not a party to this action.

6

On May 25, 1995, I caused the following to be served by hand:

7

AMENDED COMPLAINT - CLASS ACTION

8 on the below parties in this action by placing true copies thereof in sealed envelopes,

9 addressed as "Shown, for service by hand pursuant to the ordinary business practice of this

10 office which is that a messenger service is contacted and instructed to make service on

11 the same day in the ordinary course of business:

12 ,

Ismael A Castro, Esq.

Sara Turner, Esq.

13

Maureen G. McKennan, Esq. -

Office of the Attorney General of

14

the State of California

1300 I Street, Suite 1101

15

P.O. Box 944255

Sacramento, California 94244-2550

16

Counsel for Defendants Wilson, Sandoval,

17

Gomez, McKinsey, Khoury, Farmon, Follett,

Poole and Dennard

18 I declare under penalty of perjury under the laws of the" State of California that

19 the foregoing is true and correct.

20 Executed at San Francisco, California on May 25, 1995.

21 22

~

23

24

25

26

27

28

PROOF OF SERVICE

-2-

 
 /'
, ' 2006 08: 29

2023934931

NPP OF THE ACLU

PAGE 02

3ANIEL E. LI REN, A t t o r n e y Zenerai of the Scace of Callfornla

;EORGE WILLIAMSON, Chief

Assistant Attorney ~ e n e r a l

PETER J . SIGGINS, Senlor
Assistant Attorney General

JOAN W . CAVANAGH, State Bar No. 56708

supervlslng Deputy Attorney General

ISMAEL A. CASTRO, State Bar N o . 85452

Supervising Deputy Attorney General

LINDA M. M N Z A L E Z , State Bar No. 122715

Deputy Attorney General

SARA TURNER, State Bar NO. 158096

Deputy Attorney General

. BR&NDA A. RAY, State Ear No. 164564

D-

e ~~

o

u -

t -

v

AttoMeV

General

1300 I itrcet; P:O. Box 944255

Sacramento, California 94244-2550

Telephone: (916) 323-1977

Attorneys for Defendante Wileon, Sandoval, Maddock, Dezember, Covington, Farmon, Tur, Poole, choo and B r o w
48i49~eo-c~sscxor~r

PC-CA-011-004

UNITED STATES DIS'IRIm COURT

I

EASTERN DISTRICT OP CALIFORNIA

I

CHARISSE SHUMATE, et al.,

) No. C I V 5-95-0619 WBS JFH
)

I

Plaintif fa, )

)-

v.

)

. PETE WILSON, st a1 ,

1 1

1

- 2

1

A. fliltoN

1. Thim c a m i m a elam# action filed under 4 2 if S.C.

S 1903, challenging policiee and procodurea with regard to :?.a

nedical care afforded wown prironsra by tha califernla

Xpartment of Correction# (-1

at tha Central California worun's

89/01/2006 08:29 2023934931

NPP OF THE bCLU

PAGE 03

plalntlff class deflned as all persons who suffer from, or a r e a: rlsk of developing, serlous ~llnessor injury, excludrng mental disorders, who are now or in the future wlll be confined at CCWF and CIW. The Court also certlfred a subclaaa deflned as all persona who are now or ln the future will be confxned at CCdF and CIW and who are diagnosed as HIV-positive with reapect to plaintlffe' challenge co defendants' policies and pracclces
. regarding con£idcntrallty of information about &V atatue
3 . The parties have engaged in eettlement negotiation. and have reached agreement as to all areae of diapute. The tenne of the agreement are act forth In Secclone I t through IV.
8. g u r i o d i r a
4. Jurisdiction over the subject matter of this litigation is conferred on thir Court by 42 U.S.C. S 1 3 4 3 0 ) in that this is a civil action brought under 42 U.S.C. S 1983 to redreee deprivation of civil right. protected by law.
P XI
A. m e e t o f Aararmrn&
I. Thim Settlement Agreement i m not a consent !tc:ea nor do the parties intend for it to be construed am ouch :: does not operate am an adjudication of tho ineritn of the litigation.

03/01/2006 06': 29 2023934931

NPP OF THE ACLU

PAGE 04

Agreement into a consent decree. 3. Nothing in this settlement Agreement is incended
to, nor shall it be construed as, an admission of liability of or by any party.
4. The defendante' agreement to the provieions of Section 111 and IV doee not admit that current policy and practice differ from policy and practice contemplaced pursuant to this settlement Agreement.
5. If the Settlement Agreement ie accepted by the Court, this action shall be conditionally diemiseed wichoua
prejudice on the terms and conditione met forth below.
B. u m a m m e n t Provfriona 6. The partiem ehall appoint an h e e m o r to asseaa
the degree to which the defendants have aatiafied the agreements
set forth in sectionm I11 and IV, &&&. 7 The Anmemmor ahall b. Michael Keating, aeerated by
cxperta, nominated and mutually approved by the partiea. The
expert. aha11 k B.J. Anno, Ph.D., Steven Spencer, ) 4 . ~ . ; Kim Thorburn, M.D.; and Joaeph Powlkem, M.D. Mr. KeatLng and the above experts conrtitute the survey team.
8 . Bight w n t h a after thm contemplated condrtlonal
diemissal of thim aCti0n purmuant to Fed. R. C i v . P. 23. the /// ///

03/01/2006 08: 23 2023934931

NPP OF THE ACLU

PAGE 05

9. In order to conduct she assessment contemplaced :a

chls Settlement Agreement, the survey team shall cond~cton-slte

inspections at CIW and CCWF. The survey team may review all

documents relevant to their inspection subject to the provisions

of the stipulated protective order entered by the Court on

February 23, 1996. Survey team membera may speak to any

defendant staff member and may speak privately to any claae

member. Survey team members shall be reeponeive to reaeonable

security coneiderations. Counsel for plaintiffe and defendante

may have

communicatione with survey team membere.

10. Within thirty daye after the inspectione

contemplated pursuant to Subeectione 11-0 and 11-9.. -,

the

Aeeeesor shall prepare a Report to the parties

11. The Report shall evaluate whether defendants have

reached eubetantial compliance with the provisions of Sections

XI1 and IV of thim Settlement Agreement. Each numbered

aubeection in Sections XI1 and IV of tha Settlement Agreement

shall be evaluated separately, and the evaluation shall be

accompanied vith a narrative briefly netting forth the Aosesror'e

rationala for the Asseeeor'e conclusion.

12. In tha event that the Report of the Assceaor Linda

that the defendanta are not in rubstantial compliance with each

and every eubaection o f Section I11 at CIW and CCWP, the Aeaemsor

/// ///

03/01/2006 08:29 2023934931

NPP OF THE ACLU

PAGE 06

. shall conduc' sec9r.d e.)a;ua:lz?.

t;;k.z

- - - ..... s r i $ r : - 5 <.:I:

Report, and shall wzthzn = h l = : Y days thereafter ?==;are 2 jel17,2

Report to the parcies.

13.

the event LhaC cke Report of c h e Assessor

!

chat the defendants are not in 9ubstant~alcompliance wlch each

and every subsection o f SecCion I V aC CIW and CCWF, the Assesgor

shall conduct a second evaluation eight monchs after the elrsc

Report, and shall within thirty days thereafter prepare a second

Reporc to the parties. 14. In the evenc that preparation of a second Report

is neceeeary, the provisions of Subeectione 11-9 through 1 1 - 1 1

ehall also apply to the preparation of chat Report.

15. If the eight month Report of the Assessor fihda

that defendante are in substantial compliance with regard co the

undcrtakinge in each and every eubeection in Sectiona 111 and I V .
m, only at CIW or only at CC'UF, the Aasesaor shall noc
conduct a second evaluation or report ae to the inetituclon chat
the Report of the Aameeeor find. ia in eubatantial compliance.

16. The A.eeeeor ehall ume Che following d e f i n i t ~ o nof aubatantial compliance in the Report or Reporta: Defendancn are

in eubetantial compliancr with a particular subsection of SectLon 111 or Section ZV of thin Settlemnc Agreement when 'at the c : n of the evaluation defandancm have achieved. and may reasonably bo

expected to continue to achieve, matiefaction of each easent:al undertaking met forth in the mpecific subacction chrcugh

cstabliahed policy and routine and reliable practice. A €:nd&ng

:3 n ~ n c o ~ l i a n c q ' s h a lnlot b. baaed o n imolated, I//

05/01/2006 08:29 2023934931

NPP OF THE ACLU

PAGE 07

:on-concrnuin. nstances o f :x.zz-gF;ar.c8

::GZ s:-,A.;

,. f , . - - . . a

,f noncompliance be based on c n ~ s s l o n so f a c e c k n ~ c a ; z r

Animportant nature.

1 7 . Plaintiffs and defendants shall split evenly :h,e

fees and expenses o f Mr. Kear-lng. Each party shall pay the fees

!

and expense3 of any expert norn~natedby'that party.

!

I

C. Pigs1 Remolution of the Litlaation

18. If a Report of the Aaeessor finda thac defendants

are in eubetantial compliance with regard to the undertakzngs in

each and every subeection in Sactione I11 and I V , infra, the

jefendants shall petition the Court for an unconditional

3isrnieeal of the c a m . Plaintiffa shall not oppose the petlcron.

19. I £ the eight month Report of the Aeseeaor finds

that defendante are in substantial compliance with regard co' the

undertakings in each and every subeection in Scctiona I 1 1 and IV,
m,only at CIW or only at C m F , defendante shall petition :he

Court for an unconditional dismieeal of the caae aa to the

institution that the Report of the Anmesear finds la in

eubetantial compliance. Plaintiffs shall not oppose the

petition.

1 0 . I f the eeeond Report of che Aneeseor findm t h a t

the defendant. are not in mubatantla1 compliance with the

undertaking. in eaeh and every clubacetion of Section. I 1 1 ar.d : ' r ,

the plaintiff9 may petition the Court to restore the came zo :cr

active docket, and' reopen thm ti- for dimcovery and che 51ling

of diepositive motion.. Dofendantm ahall not oppoae the fr::ng

///

///

03/01/2006 08:29 2023934931

NPP OF THE ACLU

PAGE 08

o f p l a i n t ~ f petrcron and che on-3gl L : L ~ ~ I s?.a:: -,:= =,? deemed an admission o f liabil~ty:o the allegatior.3 :f

complaint.

D. Class A ~ D Z O Va~nd~ Attornave' Pass

21. Notice of the Settlement Agreement shall be

provided to the plaintiff class and subclass through postrrbg a:

cIW and CCWF in the same manner as contemplated pursuant to =he

Stipulation dated April 30, 1997, and such other manner as the

partiee may agree. The Court vill hold thereafter whatever

hearing it deeme appropriate regarding approval of the Settlement

Agreement.

22. The parties have agreed that the defendants w l l l

pay fees and eoets of $1,200,000 to the attorneys for the

plaintiff claaa and eubclaea. The distribution of the feed and

coete amonget the plaintiffa' attorneye ehall be the sole

reeponaibility o f the plaintiffa' attorneys. Thio agreement and

payment include6 any claims for fees and costs that plalntrffa

could make purruant to 42 U . 9 . C . S 1Sefl or any other federal mtatuta o r rule of procedura for all work done and coats crcpondad

in the litigation of the matter to the data of tho approval by

the Court of thir Settlement Agreement. The fees and comm a h 1 1

I be paid within a rcaaonabls time following the Court'e t n t y = t

the conditional dismissal.

I

I 1. CIW and CCWP rh.11 implemant pollcis. Lor -.ad~c.l
I
screening at Reception and Recaiving that include acreenr.-.q !or 1 i

03/01/2006 08:29 2023934931

NPP OF THE ACLU

PAGE 09

2 . CIW and CCWF s h a l l inplernent policies that reasonably assure the privacy of medical information in the screening process consistent with rnaincaining the securicy of the institution.
3. Only Medical Technical Aseietants (MTAs) or other medical staff shall collect health information background fonns at Reception and Receiving.
B. Health Assessment 4. MTAE shall noc make nursing aeseaements that
exceed the ecope of their licenee and training or CDC policy. CDC shall develop a training program ae required pursuant to' state nureing regulatione which became effective July 1, 1997.
5. Ae a aupplement to the existing eiek call syetern
at CCwF and CIW, a lock-box system ahall be inetituted so that
inmates can requeet eick call appointrents or other medical or counseling service. confidentially in writing. Inmate8 in lockdown unite may rruknit euch writtan requests to an MTA during the M T A ' ~daily round..
6. written requente placed in the ldck-box or given to the MTA during daily round8 on locked units shall be eraaged for degree of urgency by a regiaterad nurse (RN). nuree practitioner, phyrician arrirtant or physician, within twenty-four hours of deposit by the inmate. Inmates determined to be in need of treatment or evaluation shall k scheduled on a timely basis.

03/01/2006 08:29 2023934931

NPP OF THE ACLU

PAGE 10

7 . 2 n l y :ca:z.-. :he l o c k - ~ O X .

:Are ;zdlf ;n

. ---

..- :: $ q - + c 3 2 - - -

8. CIW and CCWF shall review che exlstlng kea:zn

ducating system with t h e oblecclve of reduclng waltlng :Lme

3Lck call. CIW and C C W shall explore other available reasonable,

neasures Co attempt to assure chat Fnmates are not required co
#air for srck call for prolonged periods of time under conditions

:hat adversely affect their health.

C. marqencv Care

9. CIW and CCWF shall maintain in good working order amergency equipment including reeuecitation equipment and

aoepital gurneye. A apeeific list of emergency equipment required for the Skilled Nureing Facility ( S N P ) licenee ac.CCW?

shall be determined by che CDC, and all such equipment shall be

~ i n t a i n e din good working order. At CIW and CCWF equipment

shall include at least that which ie neceeeary Lor infant naeal

euctian (bulb) and infant oxygen.

10. During thoee houre in which a phyaicfan ie not
~ n - s i t eat CIW and CCwP, the higheet priority duty for RNa shall be emergency care. MPA. shall not make nursing judgments in

connection with a poaelble emergency beyond the eccpe of their

licenee or CDC policy.

during tho hour. in which a phyrician ie not on site ehall receive in-hour8 training on pracipitoue birth..
1 CfW and CCwP ahall review ambulance response timar
to emergency calla to arrura th&t contractual comnitmence are and with tho objactiva of maintaining con.iotancy with c o m ~ l C Y

03/01/2006 08:29 2023934931

NPP OF THE ACLU

PAGE 11

acandardg, c ? ~ n dCCwF $.+.a:: re'/:*" z:.s ex:s=r:g ;=:::L"~

-.:

?valuate vhecher delays ln m e r g e m y 'ransport neces91:aEed 3;/

:uetody coneiderations can be rninim~zed.

D. 3kLlled Nureina Pacilitiea/Out-Patient nousins onit 13. The Skilled Nurs1r.g Facility (SNF) at CCWF shali

:omply wlth licensing requirements essential co pacaenc care.

14. At the Ouc-Patient Housing Unic (OPKU) at C I w ,

nedical staff shall respond to call buttons; RNs shall make

regularly echeduled rounds; and a health aesesemenc shall be

performed before patients are placed in the'individual roome

uithin the OPHU. 15. Placement of inmates in the OPHU aha11 confonn to

the statewide "OPHU Policy* and be reviewed through che

3tilization Review Proceee.

I

16. Medical vehicle attendants ahall not perform

nedical taeks in the OPHU. Medical vehicle attendante may,

however, perfonn non-medical functions determined by CDC. 1 7 Placement of an inmate in the SNF or OPWV shall b.

a medical judgment.
-rn 1. m o m t i e lollou

18. CIW and C M shall implement policiee providing

that diagnomtic teat remulta are given appropriate review and

follow-up, including tho documentation of a b n o m l remult*

through a pr,ogreaa note and the timely comrmnicacion of sbnorrrvl

results to the'patient.

/// /// ///

NPP OF THE ACLU

PAGE 1 2

1 F Inmaces ?ay req-esc :est ;::3-

- . - - -:

.
D

-, -

.

.

.

.

.-.

..-

.I c . -

sick call or by submitting a wrlccen health care ,-e7Aesr,

inmaces shall not be charged a co-pay fee for health ser,lces

limited to the reporc of a tesc result.

P. Chronic Diseames

20. CIW and CCWF shall implement appropriate chrcnlc

disease guidelines, including medically neceseary patlent

education provisions. Implementation of the CDC Chronic Care

Program shall constitute substantial compliance with chis

subsection.

21. Inmates with serioua chronic diseases chat do noc

fall within one of the existing chronic care guidelines shall be

reviewed by the attending physician and/or the Chief Medical

Officer for inclueion in the Chronic-care Program.

0. T~barcul0ai8

22. CIW and CCWP shall rmplement the Calrforn~a

Department of Cotrectiona hrberculosie Control Goldellnee. in

cha event that the California Department of Correctlone revire.

the 1995 Tuberculoaia Control Guidelines, i ~ l e m e n t a t i o no f such

guideline8 shall constituta rubmtantial compliance with :him

eubaection.

23. CIW and CCWP shall each continua to dave p u l a c

health RN and an infectiouo direaae physician consultant

8 . Bt.ii
4 . CIW and CCWP .hall take ramonable step. = o

maintain the full complement of authorized health care s t a f f

/// ///

03/01/2006 08: 29 2023934931

NPP OF THE ACLU

PAGE 1 3

-

25. 1;l and CCW? shall :3r.t:r.t

:D -a::.:a-:

:wenty-four hour, seven-day on-call phys~clanco-~erage,

2n-call physicrans provldlng on-sice coverage as rnedlca

~ecesgaw. I. Co-Pav and Utilization Kanauunent

26. Appropriate CDC staff shall dlstrlbute a

nemorandum regarding pallraclve treatment elaborating on che

Rdmlniatraclve Bulletin on Standards of Care dated

Yarch 14, 1995. 27. CIW and CCWF ehall implement policles providing

that decrslone made by the Medical Authorization Revrev C o m ~ c t e e

shall be documented in the med~calrecord of the patient, and

chat the patient ehall be informed of the Conunittee'e decleion.

2 8 . CIW and CCWF shall eneure that the poster entitled

"Important Information About Your Health Care Vieit" 1s poeted in

the Reception and Receiving area, the SNF, the OPWV, the

emergency rooms and all health care clinics.

J. mdic.1 R.sordz

19. CIW and CCWP mhall complete the convereion o f a11

current medical racorda to the unit health record format in

accordance with the mchedule for their convarmion by

January 1, 1998.

30. Medical records filing ahall taka place ulch

reasonable promptnorm and accuracy.

31. CIW and CCUP mhall implement policiam providing a

means for health care mtaff to meek outeide medical recorde

through the uae of a etandardized f o m for raquaating much medical recorda when medically necereary.

NPP OF THE ACLU

PAGE 1 4

for the continuity of provision o f necessary medications, including over-che-counter and non-formulary medications. Implementation of CDC polrcies for che contznuity of necessary medications shall consticute substantial compliance with this subsection.
L. Medical Euuiument and S a w i a l Naede 33. CIW and CCWF shall implement policie~providing
that neceeeary medical auppliee ,are available and that necessary medical equipment is available and in good working order.
3 4 . CIW and CCUF ehall make available medically neceeaary phyeical therapy.
35. Special medical diete ehall be provided in the Sm as required by its licenee. A diet restriction, which is prescribed by a medical doctor for specific conditione, shall be recognized and inmatee with such premcriptions shall be permitted to adjunt their food incako accordingly, within the range of food generally made available by tho inmtitution daily. Thie ehall include the opportunity for additional helping. of epecific food. much as snack8 for inmate. who are WIV+, pregnant, or diabacic.
W. uawuaEu
36. OC staff shall iaeue a n explanatory memorandum regarding tho Dental Stsndardr of Car0 stating that dental patient. may receiva promthesee necer8ary for chewing when
determined t o be medically necessary by the dentlrt, eub]ecc t o
review by the Chief Dentirt. ///

NPP OF THE ACLU

. -
PAGE 15

maintaining 5 confldenclaii:'/ 3 f :.-a

# ' 5:'f- 3:3:-~.

.-. u

training shall address sicuac~onsuher,e breaches 3:

confidentiality are likely to occur and how employees can avo;2

breaching confidentiality. Soiely by way of example, such

situations may include staff handllng of medical docurnen~s,

supervising documents and frles char inmate clerks see, rnakzng

public announcements abouc inmaces. and discusszng inmate nedzcal

information in the presence of ochers.

8. Waoklv A N + "Need fo Know9 L i * k

1. Procedures f o r the etatutorily required "need co

known lint shall be revised to include all infectious diseases

covered by the etatute.

3. CCWF and CIw ehall re-examine dietribution of the

weekly "need to known list with the goal of reducing the nrnber

of individual8 to whom the list ie dietributcd.

4 . CCWF and CIW shall review where and how reciplencs

maintain the "need to know" liet in order to eneure that coples

are kept and diecarded in a confidential manner eanaietent with

the atatuts.

5 . CM and CIU shall inatruct staff, determined co

'have a need to know, that the list shall bo kepc confidcncial and

that no infornution on the liat shell ba shared witti any i m c m

or unauthorized person.

C.

CXaarracr

6. Tha 128C medical chronom shall not contain 8p.clCic

diagnoees (conforming to the r a m policy a0 for 12ec mental

health chronom) .but shall k completed in t e r m of medical

rescrictiona o r alert8 in language aufficienc for clam~flcacaon

03/01/2006 08: 29 2023934931

NPP OF THE ACLU

PAGE 16

ensure that Peer Counselors nelther provide HIV test resulcs C J inmates nor have access to information abouc rnmate cest results.
E. Pi11 Line 8. Policies for "pill lines' shall be eetablzshed and
enforced to safeguard the confidentiality of medical ~nformatlon; specifically, such policiea shall provide that medical staff shall not volunteer the typea of medication being dispensed for epecific inmatea within earehot of other inmates, and shall also provida for pill line boundaries where medications are diepenecd to protect the confidentiality of the proceas.
1. p a i l y Movament 3b.q 9. CCWF and CIW ehall review the use of the Dally
- Movement Sheet. Consistent with security limieations, the Caily
Movement Sheet ehall not include information that would identify an inmata'm HIV+ mtatus.
0-
10. Medical interviswm shall be conducted in s
confidential manrur, subject to security concerns. CCWF and C:Y
shall reviev the procemm of medical ocreening at Raceptron and Receiving at CCWP and CIW, at nurme'm click call at CIW, and ac doctoro' interview^ at CCWP to enmura the above policy regardrng medical interviews in implemented.
R. 11. CCWP and CIW m u l l take rtepm to enforce pol~cr*m

03/01/2006 08: 29 2023934931

NPP OF THE ACLU

PAGE 17

I. HXV Counmslor 12. CCWF shall tnform inmates chat chey may see an niv
counselor ac the office of the HIV Counselor or at another location which cakes into account the privacy concerns of che inmates an well ae the security concern6 of CCWF
13. CCWF shall inform inmatee that, among other meana, inmatee can request a counseling seemion with an XIV Couneclor at either location through the sick call procedures deecribed ln subeection II1.B.
4 CCWF and CIW aha11 review the clerical and-other
jobs performed by inmates, and, basad on t&t review, shall take
reaeonable atepe to eneure that inmatee do not have acceae to documents containing medical infonnation about an inmace's
medical condition or ereatment.
/// /// /// /// ///

.-
03/01/2006 08: 29

2023934931

NPP OF THE ACLU

PAGE 18

RImm ALExmJEI
Xacioml Priaoo P r o j e t Atcoxnay. tor ~llintiftC l a m

93/01/2086 08:29 2023934931

NPP OF THE OCLU SHWK~TE.sc al. v . WILS

ac al.

PAGE 19

JACK DANIEL
N.A.A.C.P. - FRESNO BRANCH
p.0. Box 306 Fresno, CA 93708-0306
ANN BRICK A.C.L.U., FOUNDATION OF
NORTHERN CALIFORNIA 1663 Mission Street San Francieco, CA 94103
CARRIE L. HEMPEL USC POST CONVICTION JUSTICE
PROJECT USC LAW CENTER VNIvERSITY PARK M S ANGELES, CA 90089-0071
SILVIA ARCVerrA A.C.L.U., FOUNDATION OF
SOUTHERN CALIFORNIA 1616 BEVERLY BOULEVARD W S ANGELES, CA 90026

 
 1

2

3

AUG 2 2 20ao

4

9 CLERK. U.S. ~1$T~Ia'I'PT 0UAT

EASTERN DtSTRICT 0F ·CAUFQRNIA

5

BY'_--""'DE==P::-::U1Y~C:::;'EE~RK:;----

6

7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

----00000----

11 CHARISSE SHUMATE, et al.,

12

Plaintiffs,

NO. CIV. S-95-0619 WBS JFM

13

v.

ORDE.R OF DISMISSAL

14 PETE WILSON, et al.,

15

Defendants.

16

----00000----

17

A Stipulation of Dismissal with prejudice signed by all

18 parties who have appeared in this action having been filed,

19 pursuant to the provisions of Rule 41 (a) (1) (ii), this is action

20 is hereby DISMISSED WITH PREJUDICE.

21

IT IS SO ORDERED.

22 DATED: August 21, 2000

23

WILLIAMB. SHUBB

24

UNITED STATES DISTRICT JUDGE

25

26

27

28

1

1/1

ar United States District Court
for the Eastern District of California
August 22, 2000
* * CERTIFICATE OF SERVICE * *
2:95-cv-00619
Shumate v.
Wilson

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Eastern District of California.
That on August 22, 2000, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office, or, pursuant to prior authorization by counsel, via facsimile.

Ellen M Barry

SH/WBS

Legal Services For Prisoners With Children

100 McAllister Street

San Francisco, CA 94102

Catherine Campbell Law Office of Catherine Campbell PO Box 4470 Fresno, CA 93728

Elizabeth Alexander PRO HAC VICE National Prison Project 1875 Connecticut Avenue NW Washington, DC 20009

Christine Banks McCutchen Doyle Brown and Enersen Three Embarcadero Center San Francisco, CA 94111-4066

Jack E Daniel Central California Legal Services 2014 Tulare Street Suite 600 Fresno, CA 93721
Stephen D Hibbard McCutchen Doyle Brown and Enersen Three Embarcadero Center San Francisco, CA 94111
Charles Nathan Freiberg Heller Ehrman White and McAuliffe 333 Bush Street Suite 3100 San Francisco, CA 94104-2878
John M Appelbaum Attorney General's Office PO Box 944255 1300 I Street Suite 125 Sacramento, CA 94244-2550
Jack L. Wagner, Clerk
B. PYU~ tYr' i< ;;::>

 
 Case 2:95-cv-00619-WBS-JFM Document 394 Filed 01/07/2000 Page 1 of 3

1

FILED

2

JAN .. ;- 2000

3

CLERK, U.S. DISTRICT COURT

4

~~TERN DISTRICT OF CALIFORNII

5

6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8

----00000----

9 CHARISSE SHUMATE, et al.,

10

Plaintiffs,

NO. CIV. S-95-0619 WBS/JFM

11

v.

o R DE R

12 PETE WILSON, et al.,

13

Defendants.

14

----00000----

15

Defendant's request for unconditional dismissal filed

16

December 29, 1999, is hereby set for hearing on January 31, 2000,

17

at 9:00 a.m. in Courtroom No.5. On or before January 24, 2000,

18

plaintiffs shall file and serve any papers in opposition to the

19

request, or, if plaintiffs assert no opposition, a statement of

20

non-opposition.

21

IT IS SO O~DERED.

22

DATED: January 6, 20JO 23
24

~rl..~WILL iAMB:SHUBB '

UNITED STATES DISTRICT JUDGE

25

26

27

28

1

Case 2:95-cv-00619-WBS-JFM Document 394 Filed 01/07/2000
Unit:ed States District Court for the
EastE~rn District of California January 7, 2000

Page 2 of 3 ch1

* * CERTIFICATE OF SERVICE * *

2:95-cv-00619

Shumate v.
Wilson

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Eastern District of California.
That on January 7, 2000, I SERVED a true and correct copy (ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office, or, pursuant to prior authorization by counsel, via facsimile.

Ellen M Barry

SH/WBS

Legal Services For Prisoners With Children

100 McAllister Street

San Francisco, CA 94102

Catherine Campbell Law Office of Catherine Campbell POBox 4470 Fresno, CA 93728

Elizabeth Alexander PRO HAC VICE
National Prison Pro:i ect 1875 Connecticut AVE:!llUe NW Washington, DC 20009

Christine Banks NOT ED-CA ADMITTED McCutchen Doyle Brm'ln and Enersen Three Embarcadero Center San Francisco, CA 94111-4066

Jack E Daniel Central California ]~egal Services
2014 Tulare Street Suite 600

FrCeassneo2,:9C5A-cv-0903671291-WBS-JFM Document 394 Filed 01/07/2000 Page 3 of 3
Stephen D Hibbard McCutchen Doyle Brown and Enersen Three Embarcadero CE:nter San Francisco, CA 94111
Charles Nathan Freiberg Heller Ehrman White and McAuliffe 333 Bush Street Suite 3100 San Francisco, CA 94104-2878
Ismael A Castro Attorney General's Office of the State of California PO Box 944255 1300 I Street Suite 125 Sacramento, CA 94244-2550
Jack L. Wagner, Clerk
BY: ~~lw'if~ Deputy Clerk

 
 Case 2:95-cv-00619-WBS-JFM Document 399 Filed 02/03/2000 Page 1 of 6

FILED

1

2

FEB - 3 2000

3

EASCTLEFRRNKOUISsTR0lbS

-
I

RICT

COURT

BY _

' OF CALIFORNIA

4

DEPUTY CL!:fjK

5

6

7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

----00000----

11 CHARISSE SHUMATE, et al.,

12

Plaintiffs,

NO. CIV. S-95-0619 WBS JFM

13

v.

ORDER

14 PETE WILSON, et al.,

15

Defendants.

16

----00000----

17

Defendants move to unconditionally dismiss this action

18 upon the ground that they have substantially complied with the

19 terms of the settlement agreement. Plaintiffs oppose the motion,

20 pointing out that the settlement agreement allows for such a

21 motion only if "a Report of the Assessor finds that defendants

22 are in substantial compliance with regard to the undertakings in

23 each and every subsection [in Sections III and IV of the

24 Agreement]." (Agreement, paragraph 18) .

25

Plaintiffs point out that the settlement agreement

26 provides for only two Assessment Reports, and that the Final

27 Assessment Report, while finding that defendants were in

28 substantial compliance with 55 of the 56 terms of the settlement

1

Case 2:95-cv-00619-WBS-JFM Document 399 Filed 02/03/2000 Page 2 of 6

1 agreement, found that defendants had failed to comply with a term

2 in one sub-class provision of the agreement because defendants

3 had not changed medical form No. 128-C-1, an inmate medical

4 clearance form. Specifically, that term prevented form 128-C-1

5 from containing specific diagnoses, for example HIV positive. 1

6

Since neither of the assessor's reports found

7 defendants in substantial compliance with regard to the

8 undertakings in every applicable subsection, under the terms of

9 the agreement defendants are forever precluded from moving for

10 unconditional dismissal. Plaintiffs, on the other hand, are

11 permitted, but not required, by the terms of the agreement to

12 petition the court at any time to restore the case to its active

13 docket and to reopen the time for discovery and the filing of

14 dispositive motions.

15

16

lAfter the final assessment, the Assessor sent a draft of

the Report to both parties. Defendants accordingly revised the 17 form. He noted this revision in his finding related to this

subdivision: 18

Finding: The defendants did not meet the requirements

19

of this provision of the settlement agreement. After

receipt of a copy of the draft of this assessment

20

report, the defendants reconsidered their position on

the form and co~itted themselves to a revision

21

designed to meet the survey team's criticism. The

revised form, a copy of which is attached to this

22

report, eliminates entirely the ~Chronic Infectious

Disease" designation and its subordinate categories.

23

While the change is welcome and appears to meet fully

the criticism contained in the assessment reports, it

24

was not introduced until December 2, 1999, well after

the period covered by the assessment process. 25

(Report at 56). In the summary at the end of the report, the 26 Assessor reiterated, ~[o]nly after reviewing the draft of this
assessment report, did the defendants decide in early December to 27 revise the 128C form in use in CIW and CCWF to comply with the
provisions of the settlement agreement. Their tardy compliance 28 is welcome, but it remains tardy." (Report at 64).

2

Case 2:95-cv-00619-WBS-JFM Document 399 Filed 02/03/2000 Page 3 of 6

1

The settlement agreement is conspicuously silent as to

2 what happens if neither of the two Assessor's Reports finds

3 defendants in substantial compliance and the plaintiffs do not

4 elect to petition the court. Presumably, under those

5 circumstances, the case can remain open in perpetuity. This is

6 not just a theoretical possibility. Under the circumstances

7 presented in this case, where plaintiffs have now obtained

8 everything they sought by way of the settlement, that is

9 precisely what is likely to occur.

10

The settlement agreement as written is ill-conceived

11 and, as it turns out, unworkable. The court cannot simply

12 dismiss this suit without a hearing on the merits when the

13 parties have not agreed to such a dismissal. On the other hand,

14 cases cannot linger forever without the court having some power

15 to bring them either to trial or otherwise to final conclusion.

16 In managing its docket, the court cannot be held hostage to the

17 whim of plaintiffs' counsel as to when, if ever, she might decide

18 to ask to restore the case to the trial calendar. At argument,

19 plaintiffs' counsel suggested she might be ready to make a

20 decision within the next six months. That is more than enough

21 time.

22

Accordingly, the court will wait until July 31, 2000.

23 If plaintiffs have not petitioned to restore the case to the

24 active trial calendar by then, the court will on its own motion

25 vacate and set aside the settlement agreement and reset this

26

27

28

3

Case 2:95-cv-00619-WBS-JFM Document 399 Filed 02/03/2000 Page 4 of 6

1 matter for trial on the merits. 2 Alternatively, of course, the

2 parties are free to present to the court a stipulation for

3 dismissal pursuant to F.R.Civ.P. 41 (a) (1) (ii) .

4

IT IS SO ORDERED.

5 DATED: February 1, 2000 6 7

~ ~S4 HUBB~ .. UNITED STATES DISTRICT JUDGE

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

2Presumably the case would be returned to its status just

before the settlement agreement was entered. At that time,

24 discovery was closed and the matter was ready for trial, so the

court would not look favorably upon any request to reopen

25 discovery. Additionally, pursuant to the settlement agreement,

defendants have now, among other things, paid plaintiffs'

26 attorneys $1,200,000 in attorneys fees and costs. If the

agreement is set aside and the matter forced to trial, it would 27 appear that defendants will have gotten nothing in exchange for

their money. The court would therefore entertain a request to

28 order return of all such sums received at that time.

4

Case 2:95-cv-00619-WBS-JFM Document 399 Filed 02/03/2000
United States District Court for the
EastE:rn District of California February 3, 2000

Page 5 of 6 kh1

* * CERTIFICATE OF SERVICE * *

2:95-cv-00619

Shumate v.
Wilson

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Eastern District of California.
That on February 3, 2000, I SERVED a true and correct copy (ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office, or, pursuant to prior authorization by counsel, via facsimile.

Ellen M Barry Legal Services For Prisoners With Children 100 McAllister Street San Francisco, CA 94102
Catherine Campbell Law Office of Catherine Campbell POBox 4470 Fresno, CA 93728
Elizabeth Alexander PRO HAC VICE National Prison Project 1875 Connecticut AVE:nue NW Washington, DC 20009
Christine Banks NOT ED-CA ADMITTED McCutchen Doyle Brown and Enersen Three Embarcadero Center San Francisco, CA 94111-4066
Jack E Daniel Central California Legal Services 2014 Tulare Street Suite 600

SH/WBS

FrCeassneo2,:95C-Acv-0903671291-WBS-JFM Document 399 Filed 02/03/2000 Page 6 of 6
Stephen D Hibbard McCutchen Doyle Brm'ln and Enersen Three Embarcadero Center San Francisco, CA 94111
Charles Nathan Freiberg Heller Ehrman White and McAuliffe 333 Bush Street Suite 3100 San Francisco, CA 94104-2878
Ismael A Castro Attorney General's Office of the State of California PO Box 944255 1300 I Street Suite 125 Sacramento, CA 942,14-2550
Jack L. Wagner, Clerk
BY: Deputy Clerk

 
 Case 2:95-cv-00619-WBS-JFM Document 408 Filed 08/08/2000 Page 1 of 5

1

FILED

2

3

AUG - 8 2000

4

CLERK. U.S. DISTRICT COURT

EASTERN OISTRICTOF CALIFORNIA

5

ev _____~~~~------__

DEPUTV clEiiK

6

7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

----00000----

11 CHARISSE SHUMATE, et al.,

12

Plaintiffs,

13

v.

14 PETE WILSON, et al.,

15

Defendants.

NO. CIV. S-95-0619 WBS JFM ORDER

16

----00000----

17

By this court's February 3, 2000 order, plaintiffs were

18 afforded six months time within which to either petition to

19 restore this matter to the trial calendar or stipulate to

20 dismissal. On the final day provided, July 31, 2000, the 21 plaintiff class moved for "Partial Restoration to the Trial 22 Docket, Reopening of Discovery and Other Relief."l The plaintiff

23 sub-class filed a related motion for a "Continuance of Time to

24 Determine Whether to Request Restoration to the Trial Docket and

25 for Reopening of Discovery."

26

27

I

Plaintiffs' motion is deceptively captioned in that

they seek only to reopen discovery, and do not seek, partially or 28 otherwise, to restore this matter to the trial docket.

1

Case 2:95-cv-00619-WBS-JFM Document 408 Filed 08/08/2000 Page 2 of 5

1

Plaintiffs' requests are denied. Discovery is not

2 needed to develop a basis to justify rescinding the settlement

3 agreement insofar as the court has already indicated that it will

4 rescind the agreement. Further, discovery closed over three

5 years ago. Consequently, reopening discovery requires amending

6 the Pretrial Order and the Status (Pretrial Scheduling) Order.

7 Plaintiffs have not made the requisite showing, and the court

8 therefore exercises its discretion to deny their motion. See

9 Fed. R. Civ. P. 16(b) & (e). Finally, this case has been pending

10 since 1995. Considering that cases should be brought to trial

11 within three years, this court is already subject to criticism

12 for having allowed this case to remain pending for over five

13 years. See 28 U.S.C. § 476 (requiring the reporting of all civil

14 cases pending over three years) .

15

IT IS THEREFORE ORDERED that:

16 (1) The plaintiff class' motion to reopen discovery is DENIED.

17 (2) The plaintiff sub-class' motion for a "Continuance of Time

18

to Determine Whether to Request Restoration to the Trial

19

Docket and for Reopening of Discovery" is DENIED.2

20 (3) Pursuant to this court's Order of February 3, 2000, the

21

settlement agreement is hereby VACATED AND SET ASIDE, and

22

the matter is set for trial on October 17, 2000, at 9:00

23

a.m. The Pretr~al Order entered on June 3, 1997, remains in

24

effect.

25

2 The plaintiff sub-class alternatively requests that the 26 court confirm the settlement agreement as to the sub-class and

enter dismissal as to the sub-class. If the plaintiff sub-class 27 and defendants stipulate to that effect, the court will sign said

28

stipulation. motion.

Otherwise, the plaintiff sub-class may file a -

2

Case 2:95-cv-00619-WBS-JFM Document 408 Filed 08/08/2000 Page 3 of 5

1 (4) Within ten days from the file-stamped date of this order,

2

defendants shall notify the court as to whether, in light of

3

this order, defendants intend to modify their pending Motion

4

for Restoration of Attorneys' Fees.

5 DATED: August 7, 2000
6 7

~~~~WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

-.

Case 2:95-cv-00619-WBS-JFM Document 408 Filed 08/08/2000
United States District Court for the
Eastern District of California August 8, 2000

Page 4 of 5 pb

* * CER'rIFICATE OF SERVICE * *

2:95-cv-00619

Shumate v.
Wilson

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Eastern District of California.
That on August 8, 2000, I SERVED a true and correct copy (ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) 11ereinafter listed, by depositing said envelope in the U.S. Mail, by placing said copy (ies) into an inter-office delivery receptacle located in the Clerk's office, or, pursuant to prior authorization by counsel, v:La facsimile.

Ellen M Barry

SH/WBS

Legal Services For Prisoners With Children

100 McAllister Street

San Francisco, CA 94102

Catherine Campbell Law Office of Cathel~ine Campbell PO Box 4470 Fresno, CA 93728

Elizabeth Alexander PRO HAC VICE National Prison Project 1875 Connecticut Avenue NW Washington, DC 20009

Christine Banks McCutchen Doyle Brown and Enersen Three Embarcadero Center San Francisco, CA 94111-4066

Case 2:95-cv-00619-WBS-JFM Document 408 Filed 08/08/2000 Page 5 of 5
Jack E Daniel Central California Legal Services 2014 Tulare Street Suite 600 Fresno, CA 93721
Stephen D Hibbard McCutchen Doyle Brow'n and Enersen Three Embarcadero Center San Francisco, CA 94111
Charles Nathan Freiberg Heller Ehrman White and McAuliffe 333 Bush Street Suite 3100 San Francisco, CA 94104-2878
Ismael A Castro Attorney General's Office of the State of California PO Box 944255 1300 I Street Suite 125 Sacramento, CA 9424:4-2550

Jack L. Wagner, Clerk

BY, ,>?b,,-~

Deputy Cle

co

 
 Live 2.4 CM/ECF - U.S. District Court for Eastern California - Docket Report

Page 1 of 58

CLOSED, PRISONER_CIVIL_RIGHTS
U.S. District Court Eastern District of California - Live System (Sacramento) CIVIL DOCKET FOR CASE #: 2:95-cv-00619-WBS-JFM

(PC) Shumate, et al v. Wilson, et al Assigned to: Judge William B. Shubb Referred to: Magistrate Judge John F. Moulds Demand: $0 Cause: 42:1983 Prisoner Civil Rights

Date Filed: 04/04/1995 Jury Demand: Defendant Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff Charisse Shumate

represented by Catherine Campbell Law Office of Catherine Campbell PO Box 4470 Fresno, CA 93728 559-498-8140 Email: cathsoup@comcast.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles Nathan Freiberg Heller Ehrman White and McAuliffe LLP 275 Middlefield Road Menlo Park, CA 94025-3506 650-324-7000 TERMINATED: 07/05/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christine Banks Bingham McCutchen LLP Three Embarcadero Center San Francisco, CA 94111-4067 415-393-2000 Fax: 14153932286 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth Alexander National Prison Project 1875 Connecticut Avenue NW Washington, DC 20009 202-234-4830 LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.caed.uscourts.gov/cgi-bin/DktRpt.pl?613892153098833-L_280_0-1

7/24/2005

Live 2.4 CM/ECF - U.S. District Court for Eastern California - Docket Report

Page 2 of 58

Plaintiff Sharon Cagle

Ellen M Barry Legal Services For Prisoners With Children 100 McAllister Street San Francisco, CA 94102 415-255-7036 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel California Rural Legal Assistance 2115 Kern Street Suite 370 Fresno, CA 93721 209-441-8721 Email: jdaniel@crla.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard McCutchen Doyle Brown and Enersen Three Embarcadero Center San Francisco, CA 94111 415-393-2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address)

https://ecf.caed.uscourts.gov/cgi-bin/DktRpt.pl?613892153098833-L_280_0-1

7/24/2005

Live 2.4 CM/ECF - U.S. District Court for Eastern California - Docket Report

Page 3 of 58

Plaintiff Helen Pacheco
Plaintiff Rachel Silvas

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.caed.uscourts.gov/cgi-bin/DktRpt.pl?613892153098833-L_280_0-1

7/24/2005

Live 2.4 CM/ECF - U.S. District Court for Eastern California - Docket Report

Page 4 of 58

Plaintiff Marie Nestle

Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.caed.uscourts.gov/cgi-bin/DktRpt.pl?613892153098833-L_280_0-1

7/24/2005

Live 2.4 CM/ECF - U.S. District Court for Eastern California - Docket Report

Page 5 of 58

Plaintiff Deborah Belcher
Plaintiff Rose Munghia

represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address)

https://ecf.caed.uscourts.gov/cgi-bin/DktRpt.pl?613892153098833-L_280_0-1

7/24/2005

Live 2.4 CM/ECF - U.S. District Court for Eastern California - Docket Report

Page 6 of 58

Plaintiff Deborah Webster
Plaintiff Deanna Millsap

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff
Shelba Pettey TERMINATED: 06/17/1996

Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) TERMINATED: 06/17/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) TERMINATED: 06/17/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) TERMINATED: 06/17/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) TERMINATED: 06/17/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff Darlene Brazil
Plaintiff Marilyn Stitch

Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY

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Plaintiff Brenda Angle TERMINATED: 10/01/1996
Plaintiff Linda June Eagerton

ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) TERMINATED: 10/01/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) TERMINATED: 10/01/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) TERMINATED: 10/01/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) TERMINATED: 10/01/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) TERMINATED: 10/01/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell

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Plaintiff Cynthia Martin

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff Gina Johnson
Plaintiff Nina Myart

Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY

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Plaintiff Lisa Smith

ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address)

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Plaintiff Jane Doe 1
Plaintiff Jane Doe 2

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff Beverly Tucker
Plaintiff Bertha Jones

Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY

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Plaintiff Hattie Dickerson

ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address)

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Plaintiff Maria Nasalgo
Plaintiff Marcia Bunney

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff Delores Rico

Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Nathan Freiberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ellen M Barry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jack Egan Daniel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M Appelbaum Attorney General's Office for the State of California PO Box 944255

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V. Defendant Pete Wilson Governor of California
Defendant Joseph Sandoval Secretary of the Youth and Corrections Agency of the State of CA

1300 I Street Suite 125 Sacramento, CA 94244-2550 916-445-9555 Email: John.Appelbaum@DOJ.CA.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen D Hibbard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ismael Armendariz Castro California Attorney General's Office 1300 I Street, Suite 125 Sacramento, CA 94244-2550 (916) 323-8203 Fax: (916) 327-2247 Email: Ismael.Castro@doj.ca.gov TERMINATED: 08/08/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maureen G McKennan Attorney General's Office for the State of California PO Box 944255 1300 I Street Suite 125 Sacramento, CA 94244-2550 916-445-9555 TERMINATED: 08/06/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John M Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant James Gomez Director of CDC
Defendant Kyle S McKinsey Deputy Director for Health Care Services for CDC
Defendant Teena Farmon Warden of the Centrla California Women's Facility

Maureen G McKennan (See above for address) TERMINATED: 08/06/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ismael Armendariz Castro (See above for address) TERMINATED: 08/08/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maureen G McKennan (See above for address) TERMINATED: 08/06/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ismael Armendariz Castro (See above for address) TERMINATED: 08/08/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maureen G McKennan (See above for address) TERMINATED: 08/06/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ismael Armendariz Castro (See above for address) TERMINATED: 08/08/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Kenneth Follett Chief Medical Officer for the Central CA Women;s Facility
Defendant Susan E Poole Warden of the CA Institution for Women
Defendant Gwendolyn Dennard Chief Medical Officer for CA Institution

John M Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maureen G McKennan (See above for address) TERMINATED: 08/06/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ismael Armendariz Castro (See above for address) TERMINATED: 08/08/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maureen G McKennan (See above for address) TERMINATED: 08/06/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ismael Armendariz Castro (See above for address) TERMINATED: 08/08/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maureen G McKennan (See above for address) TERMINATED: 08/06/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ismael Armendariz Castro (See above for address)

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for Women
Defendant Russell - Gould Director of Finance of the State of CA
Defendant Nadim Khoury Assistant Deputy Director for Health Care Services, Dept of Corrections

TERMINATED: 08/08/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maureen G McKennan (See above for address) TERMINATED: 08/06/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ismael Armendariz Castro (See above for address) TERMINATED: 08/08/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ismael Armendariz Castro (See above for address) TERMINATED: 08/08/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/04/1995
04/04/1995 04/04/1995

#

Docket Text

1 COMPLAINT before Honorable William B Shubb; referred to Magistrate Judge John F Moulds; Summons issued; fee status paid (Receipt # 164587); Notice regarding Consent forms (old) (Entered: 04/05/1995)

LODGED Pro Hac Vice application by plaintiffs (old) (Entered: 04/05/1995)

2 MOTION by plaintiff Jane Doe 1, plaintiff Jane Doe 2 for leave to

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04/04/1995 04/04/1995 04/05/1995 04/05/1995
04/10/1995 04/13/1995 04/20/1995 04/21/1995 04/25/1995
04/25/1995

proceed in psuedonym ; motion to be heard by Honorable William B Shubb (old) (Entered: 04/05/1995)
3 NOTICE by plaintiff of related case(s) CIV S 90-520 LKK, CIV S 871636 LKK (old) (Entered: 04/05/1995)
4 ORDER setting scheduling conference for 1:30 7/31/95 before Honorable William B Shubb (cc: all counsel) (old) (Entered: 04/05/1995)
5 MINUTE ORDER vacating [4-1] order; scheduling conference vacated (cc: all counsel) (old) (Entered: 04/05/1995)
6 PROOF OF SERVICE by pltfs Charisse Shumate, Sharon Cagle, Helen Pacheco, Rachel Silvas, Marie Nestle, Deborah Belcher, Rose Munghia, Deborah Webster, Deanna Millsap, Shelba Pettey, Darlene Brazil, Marilyn Stitch, Brenda Angle, Linda June Eagerton, Cynthia Martin, Gina Johnson, Nina Myart, Lisa Smith, Jane Doe 1, Jane Doe 2, Beverly Tucker, Bertha Hattie Dickerson, Maria Nasalgo, Marcia Bunney, Delores of [4-1], [2-1], [1-1] (old) (Entered: 04/06/1995)
7 MAIL returned: copy of minute order vacating status conference and referencing reassignment [5-2] (old) (Entered: 04/12/1995)
8 MAIL returned [5-1], [5-2] addressed to Charles Nathan Freiberg attorney for plaintiffs (old) (Entered: 04/17/1995)
LODGED Stipulation extension of time for filing defendants answer by defendants (old) (Entered: 04/24/1995)
9 NON-RELATED CASE ORDER by Honorable Lawrence K Karlton ORDERING that it would be inappropriate to relate this action with CIV S 87-1636 and CIV S 90-520 (cc: all counsel) (old) (Entered: 04/21/1995)
10 ORDER by Magistrate Judge John F Moulds GRANTING lodged application of Elizabeth Alexander for pro hac vice admission to bar [00]; ORDERING: attorney Elizabeth Alexander ADMITTED to appear PRO HAC VICE for pltfs Charisse Shumate, Sharon Cagle, Helen Pacheco, Rachel Silvas, Marie Nestle, Deborah Belcher, Rose Munghia, Deborah Webster, Deanna Millsap, Shelba Pettey, Darlene Brazil, Marilyn Stitch, Brenda Angle, Linda June Eagerton, Cynthia Martin, Gina Johnson, Nina Myart, Lisa Smith, Jane Doe 1, Jane Doe 2, Beverly Tucker, Bertha Jones, Hattie Dickerson, Maria Nasalgo, Marcia Bunney, Delores Rico ; local counsel designation - Charles N Frieberg (415) 7726000 (cc: all counsel) (old) (Entered: 04/25/1995)
11 STIPULATION AND ORDER by Magistrate Judge John F Moulds GRANTING lodged stipulation re: extension of time for filing dfts' answer [0-0]; ORDERING: time for dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard to file their answer to pltfs' class action complaint EXTENDED to and including 5/25/95 (cc: all counsel) (old) (Entered: 04/25/1995)

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04/25/1995 04/27/1995 04/28/1995 04/28/1995 04/28/1995 04/28/1995 05/01/1995 05/03/1995 05/04/1995 05/11/1995 05/12/1995 05/18/1995 05/19/1995 05/24/1995
05/25/1995 05/26/1995

13 MAIL returned [9-1] addressed to Ellen M Barry 1535 Mission Street, S.F. (old) (Entered: 05/01/1995)
12 MAIL returned [9-1] addressed to Charles Freiberg (old) (Entered: 04/28/1995)
LODGED proposed order certifying proceeding as class action by plaintiffs (old) (Entered: 05/02/1995)
14 NOTICE OF MOTION AND MOTION by pltfs Shumate, Cagle...to certify class action 6/1/95 10:00am before Magistrate John F Moulds (old) (Entered: 05/02/1995)
15 MEMORANDUM of points and authorities by plaintiff Charisse Shumate, plaintiff Sharon Cagle in support of motion for class certification [14-1] (old) (Entered: 05/02/1995)
16 PROOF OF SERVICE by plaintiff Charisse Shumate, plaintiff Sharon Cagle of [15-1], [14-1] (old) (Entered: 05/02/1995)
17 MAIL returned [10-2] addressed to Charles Nathan Freiberg, co-counsel for plaintiffs; NOT AT THIS ADDRESS (old) (Entered: 05/03/1995)
RESERVICE of DOCUMENT(S) [10-2] addressed to Charles Nathan Freiberg, co-counsel for pltfs (cc: all counsel) (old) (Entered: 05/03/1995)
18 MAIL returned addressed to Charles Nathan Freidberg [11-1], [11-2] (old) (Entered: 05/05/1995)
RESERVICE of DOCUMENT(S) [11-2], [10-2], [9-1], [5-2], [4-1] addressed to plaintiff, defendant (cc: all counsel) (old) (Entered: 05/11/1995)
19 MAIL returned [11-1], [11-2] addressed to plaintiff Ellen M Barry (counsel), address 1535 Mission Street, San Francisco, CA 94103 (old) (Entered: 05/16/1995)
LODGED stipulation re: continuance of pltfs' motion for class certification and for filing of dfts' response thereto (old) (Entered: 05/19/1995)
RESERVICE of DOCUMENT(S) [19-1] addressed to plaintiff Bertha Jones (cc: all counsel) (old) (Entered: 05/19/1995)
20 STIPULATION AND ORDER by Magistrate Judge John F Moulds GRANTING lodged stipulation re: continuance of motion for class certification [0-0]; ORDERING: motion by pltfs to certify class action [14-1] CONTINUED to 6/15/95 at 10:00 before WBS; dfts' response to pltfs' motion due by 5/29/95; pltfs' reply due by 6/9/95 (cc: all counsel) (old) (Entered: 05/24/1995)
21 AMENDED COMPLAINT [1-1] by pltfs (old) (Entered: 05/30/1995)
22 ANSWER by dfts Wilson, Sandoval, Gomez, McKinney, Khoury,

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05/31/1995
06/07/1995 06/09/1995 06/13/1995 06/22/1995
06/28/1995 07/03/1995
07/03/1995 07/03/1995 07/03/1995 07/03/1995 07/03/1995 07/24/1995

Farmon, Follet, Poole, Dennard to complaint filed 4/4/95; jury demand (old) (Entered: 05/31/1995)
23 OPPOSITION by Wilson, Sandoval, Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard to motion by pltfs to certify class action [14-1] (old) (Entered: 06/01/1995)
24 MINUTE ORDER: hearing on motion by pltfs Shumate, Cagle to certify class action [14-1] CONTINUED to 6/22/95 at 10:00 before JFM (cc: all counsel) (old) (Entered: 06/08/1995)
25 PLTS' MEMORANDUM of points and authorities in support of motion for class certification [14-1] (ndd) (Entered: 06/12/1995)
LODGED Request for leave to take the depositions of pltfs, persons confined in prison, and order thereon by defendants (kb) (Entered: 06/14/1995)
26 MINUTES of motion to certify class [14-1] before Magistrate Judge John F. Moulds arguments; dfts to submit any further briefing (or letter indicating none) within 10 days; pltfs to provide court with information regarding counsel if sub-class designated; order will then issue and status will be set (kb) (Entered: 06/23/1995)
27 RESPONSE by plaintiffs to defendants' request for leave to take the depositions of plaintiff (old) (Entered: 06/29/1995)
28 ORDER IN OPEN COURT by Magistrate Judge John F. Moulds ordering: On 6/22/95 counsel for pltfs shall deliver to counsel for dfts a written list of all cases cited at the hearing; within 10 days of the date of the hearing, counsel for dfts may file further briefing responsive to said citations; Counsel for dfts may also file an alternative to the presently proposed class definition; within the same time, either party may file proposals for a subclass, and counsel for pltfs may file suggestions for possible representation of said subclass (cc: all counsel) (old) (Entered: 07/03/1995)
29 ORDER by Magistrate Judge John F. Moulds GRANTING lodged request for leave to take the depositions of pltfs, persons confined in prison [0-0] (cc: all counsel) (old) (Entered: 07/03/1995)
30 RESPONSE by defendants to coourt order of 6/15/95 (old) (Entered: 07/05/1995)
31 RESPONSE by plaintiffs to the court's direction for a furthe submission re class certification (old) (Entered: 07/05/1995)
LODGED proposed order certifying class (old) (Entered: 07/05/1995)
32 PROOF OF SERVICE by plaintiffs regarding response to court order on class certification (old) (Entered: 07/05/1995)
33 LETTER to court from counsel for plaintiffs re tentative proposal for

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07/28/1995 09/06/1995 09/06/1995 09/14/1995 09/28/1995 09/29/1995 10/05/1995 10/16/1995
10/23/1995
10/25/1995
11/06/1995
11/06/1995 11/09/1995
11/17/1995 11/28/1995

subclass counsel (old) (Entered: 07/27/1995)
34 ORDER by Magistrate Judge John F Moulds; scheduling conference for 1:30 9/14/95 (cc: all counsel) (old) (Entered: 07/28/1995)
35 REQUEST for expert access to central California Womens Facility and California Institution for women by plaintiff (old) (Entered: 09/07/1995)
36 PROOF OF SERVICE by plaintiff of [35-1] (old) (Entered: 09/07/1995)
37 MINUTES of Status Proceedings before Magistrate Judge John F. Moulds; order to be prepared by the court (old) (Entered: 09/20/1995)
REMARK: Item #38 docketed in error in this action an removed (old) (Entered: 11/13/1995)
LODGED Stipulated Protective Order of confidentiality of inmate records by dfts (ndd) (Entered: 10/03/1995)
39 DFTS' RESPONSE AND OBJECTION to plts' request for expert access to CIW and CCWF [35-1] (ndd) (Entered: 10/10/1995)
LODGED Stipulation re extension of time for filing dfts' respnoses to pltf's second set of interrogatories and second request for production of documents by defendants Pete Wilson, Joseph Sandoval, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard (kb) (Entered: 10/24/1995)
40 NOTICE OF REQUEST TO WITHDRAW STIPULATED PROTECTIVE ORDER by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, E Poole, Gwendolyn Dennard (old) (Entered: 10/26/1995)
41 NOTICE OF AMENDED PROOF OF SERVICE by defts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard of (old) (Entered: 10/30/1995)
42 NOTICE OF MOTION AND MOTION for a telephonic hearing for an order resolving existing discovery disagreements re Protective Order by plts ; motion to be heard before Hon JFM on 11/9/95 10:00am (ndd) (Entered: 11/07/1995)
43 STIPULATION re Discovery Disagreements (ndd) (Entered: 11/07/1995)
44 MINUTES before Magistrate Judge John F. Moulds motion for a telephonic hearing for an order resolving existing discovery disagreements re Protective Order by plts [42-1] motion submitted; court to prepare order C/R Tape (old) (Entered: 11/14/1995)
45 RESPONSE by defendants to court order of 11/9/95 (old) (Entered: 11/21/1995)
LODGED Protective order for confidentality of inmate records by

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11/28/1995
12/01/1995 12/05/1995 12/05/1995 12/05/1995
12/05/1995 12/13/1995 12/15/1995 12/19/1995
12/28/1995 01/05/1996

defendants Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard (kb) (Entered: 12/01/1995)
46 LETTER to court from counsel for defendants Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard regarding lodged protective order for confidentiality of inmate records [0-0] (kb) (Entered: 12/01/1995)
LODGED Stipulation and order re: pltf's amended complaint and answer to amended complaint; service on and answer of deft Russell Gould by plaintiff Charisse Shumate (old) (Entered: 12/06/1995)
47 SCHEDULING ORDER by Magistrate Judge John F Moulds; pretrial conference set for 11:00 10/14/96; trial set for 9:00 1/14/97; discovery ddl set for 10/14/96 ; motion filing ddl set for 7/22/96 (cc: all counsel) (old) (Entered: 12/05/1995)
48 ORDER by Magistrate Judge John F. Moulds GRANTING motion for leave to proceed in psuedonym by pltf [2-1] (cc: all counsel) (old) (Entered: 12/05/1995)
49 REPORT AND RECOMMENDATION by Magistrate Judge John F Moulds recommending that motion by pltfs Shumate, Cagle et al to certify class action [14-1] be granted; Objections due within 10 days of service; Replies due within 5 days thereafter; motion referred back to Honorable William B Shubb (cc: all counsel) (old) (Entered: 12/05/1995)
50 STIPULATION AND ORDER by Magistrate Judge John F Moulds EXTENDING time, to and including 11/20/95, in which defts may file their responses to pltf's second set of interrogatories and second request for production of documents (cc: all counsel) (old) (Entered: 12/05/1995)
51 MINUTE ORDER: pretrial conference reset for 11:00am on 10/15/96 (cc: all counsel) (old) (Entered: 12/13/1995)
52 OBJECTIONS by dfts to Report and Recommendation [49-1] (old) (Entered: 12/18/1995)
53 STIPULATION AND ORDER by Magistrate Judge John F Moulds; defts consented to th filing of pltf's amended complaint; pltfs stipulate that defts have timely responded to the amended complaint; Deft Russell Gould stipulates that he has been served properly; Pltfs and deft Gould stipulate that he has timely responded to the amended complaint and is deemed to join in defts' answer filed 5/5/95 (cc: all counsel) (old) (Entered: 12/19/1995)
LODGED stipulation for extension of time (old) (Entered: 12/29/1995)
54 NOTICE by plaintiff of change of address to Legal Service for Prisoners with Children, 100 McAllister Street, San Francisco, CA 94102; telephone # (415) 255-7036 (old) (Entered: 01/08/1996)

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01/05/1996 01/11/1996 01/12/1996
01/17/1996 01/25/1996 02/08/1996 02/13/1996 02/22/1996

55 RESPONSE by plaintiff Charisse Shumate to deft's objection to the Magistrates Findings and Recommendations [52-1] (old) (Entered: 01/08/1996)
56 MINUTES of Proceedings before Honorable William B. Shubb re objection to report & recommendation [52-1], is SUBMITTED; order to be prepared by the court; C/R Kelly O'Halloran (old) (Entered: 01/12/1996)
57 ORDER by Honorable William B. Shubb ORDERING that pltf's 1/5/96 response to defts' objections to Magistrate Judge's Findings and Recommendations (re Class Certification) is DEEMED timely filed; ADOPTING report & recommendation order filed 12/5/96 [49-1]; this action is certified as a class action pursuant to FRCP 23(b)(2), said class consisiting of all persons who suffer from, or who areat risk of developing, serious illness or injury, exlcuding mental disorders, who are now in the future will be confined to Central Ca Women's Facility (CCWF) in Chowchilla, Ca and the Ca Institution for Women (CIW) in Frontera, Ca; AND pursuant to FRCP 23(b)(4) a subclass is hereby certified consisting of persons who are now or in the future will be confined at CCWF or CIW and who have been diagnosed as HIVpositive with respect to pltf's challenge to deft's policies and practices re confindentiality of information about HIV status (cc: all counsel) (old) (Entered: 01/12/1996)
58 LETTER to court from counsel for plts requesting the court to give expedited consideration regarding discovery dispute [42-1] (ndd) (Entered: 01/18/1996)
59 LETTER to court from counsel for plts to enclose a proposed form of Notice to the class which parties have agreed on with the exception that dfts do not agree with the designation of Ellen Barry of Legal Service for Prisoners with Children as counsel for the subclass and requesting a telephone conference to resolve the matter (ndd) (Entered: 01/26/1996)
60 NOTICE OF REQUEST by defendants to withdraw stipulated protective order of confidentiality of inmate records filed on 11/28/95 (kb) Modified on 02/12/1996 (Entered: 02/12/1996)
LODGED Stipulated protective order of confidentiality of inmate records by defendants Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould (kb) (Entered: 02/15/1996)
61 ORDER by Magistrate Judge John F. Moulds dfts' objections to pltfs' request for expert access to CIW and CCWF are overruled; pltfs' counsel shall not use the patient names in any death records reviewed pursuant to their request without further order of the court; pltf's 1/25/96 request for a telephone conference is DENIED; Ellen Barry shall be designated as counsel for the subclass only; the parties shall delete Ellen Barry's name and address from the list of class counsel on page two of the Notice of Class Action; the last paragraph of the Notice of Class Action shall be

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02/22/1996
02/26/1996 03/01/1996
03/07/1996 03/08/1996 03/08/1996 03/12/1996 03/12/1996 03/12/1996 03/12/1996 03/13/1996

changed to read as follows: Women prisoners at CCWF or CIW may contact any of the lawyers for the pltf class about medical care issues; if you are at CCWF and need to speak with an attorney, you can contact Catherine Campbell, Jack Daniel, or Dale Rice; if you are at CIW, you can contact Carrie Hempel or Dale Rice; Communications about HIV confidentiality should be addressed only to Ellen Barry at Legal Services for Prisoners with Children; this order is without prejudice to pltfs' right to identify an additional specific attorney for members of the pltf class to contact in lieu of the previous identification of Ellen Barry (cc: all counsel) (kb) (Entered: 02/22/1996)
62 STIPULATION AND ORDER by Magistrate Judge John F. Moulds this order covers all documents and information obtained in this action by pltfs' counsle from dfts or the Department of Corrections which identifies a prisoner other than the named pltfs in this action; all such documents and information obtained in this action by pltfs' counsel shall be regarded as confidential and subject to this Protective Order (see order for further details)(cc: all counsel) (kb) (Entered: 02/22/1996)
LODGED stipulation for extension of time for defendants to respond to plaintiffs third set of interrogatories (old) (Entered: 02/28/1996)
63 STIPULATION AND ORDER by Magistrate Judge John F. Moulds GRANTING lodged extension of time for defendants to respond to plaintiff's discovey to 3/29/96 [0-0] (cc: all counsel) (old) (Entered: 03/01/1996)
64 REQUEST by defendants for reconsideration by the district court of magistrate judg's ruling re plaintiff's request for access to CIW and CCWF (old) (Entered: 03/11/1996)
LODGED Substitution of Attorney by plaintiffs (old) (Entered: 03/13/1996)
65 LETTER to court from counsel for plaintiff regarding lodged Substitution of Attorney [0-0] (old) (Entered: 03/13/1996)
66 NOTICE OF MOTION AND MOTION for leave to file amended complaint and add additional plaintiff by pltfs ; hearing set for 10:00 4/11/96 before Judge John F Moulds (kdc) (Entered: 03/14/1996)
67 MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff in support of pltfs' motion for leave to file amended complaint and add additional plaintiff [66-1] (kdc) (Entered: 03/14/1996)
68 DECLARATION of Dale A Rice in support of motion for leave to file amended complaint and add additional plaintiff [66-1] (kdc) (Entered: 03/14/1996)
69 PROOF OF SERVICE by plaintiff of motion for leave to amend and supporting documents (old) (Entered: 03/14/1996)
70 DECLARATION of Ellen M Barry in support in support of plaintiff's motion to file amended complaint [66-1] (old) (Entered: 03/15/1996)

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03/13/1996 03/13/1996 03/14/1996 03/14/1996 03/14/1996 03/15/1996 03/19/1996 03/25/1996
03/27/1996
03/29/1996
04/04/1996 04/09/1996

71 PROOF OF SERVICE by plaintiff Charisse Shumate of declaration of Ellen M Barry in support of plaintiff's motion for leave to file amended complaint [70-1] (old) (Entered: 03/15/1996)
72 MOTION by defendants for reconsideration hearing set for 1:30 4/29/96 motion to be heard by Honorable William B. Shubb (old) (Entered: 03/15/1996)
73 LETTER to court from counsel Elizabeth Alexander dated 3/12/96 regarding defendant's request for reconsideration of the magistrate order on inspection of prisons (old) (Entered: 03/15/1996)
74 REQUEST by defendants to strike plaintiff's letter dated 3/6/96 (old) (Entered: 03/15/1996)
75 RESPONSE by plaintiffs' to defendants' request for reconsideration of magistrate judge's ruling re plaintiffs' request for expert accessto CIW and CCWF (old) (Entered: 03/15/1996)
76 LETTER to court from counsel DAG Ismael Castro dated 3/15/96 withdrawing defendants' request for reconsideration of the magistrate judge's order of 2/22/96 (old) (Entered: 03/20/1996)
77 NOTICE by defendant of hearing VACATING HEARING re motion by defendants for reconsideration [72-1] (kdc) (Entered: 03/21/1996)
78 ORDER by Magistrate Judge John F. Moulds: parties shall be preapred to address issues relevant to both the form and the substance of the proposed substitution of attorneys at the time of the 4/11/96 hearing on pltfs' motion for leave to file an amended complaint and add an additional pltf (cc: all counsel) (old) (Entered: 03/25/1996)
LODGED Stipulation re: second extension of time for defts' response to pltfs' third set of interrogatories and request for production of documents; AND for pltfs' response to defts second set of interrogatories; AND request for production of documents by defendants Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould (old) (Entered: 04/01/1996)
79 OPPOSITION by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould, Nadim Khoury to motion for leave to file amended complaint [66-1] (kdc) (Entered: 04/02/1996)
LODGED Stipulation and [Proposed] Order continuing hearing re motion to amend and appointment of counsel re subclass by plaintiff Charisse Shumate (old) (Entered: 04/08/1996)
80 STIPULATION AND ORDER by Magistrate Judge John F. Moulds: dfts may have an extension of time to file response to pltfs' third set of interrogatories and request for production of documents by 4/12/96; pltfs may have an extension of time of 12 days, up to 4/15/96, to file response

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04/09/1996 04/12/1996
04/17/1996 04/17/1996
04/18/1996 04/25/1996 04/29/1996 04/29/1996 04/29/1996 05/01/1996 05/06/1996

to dfts' second set of interrogatories and request for production of documents (cc: all counsel) (old) (Entered: 04/09/1996)
81 NON-RELATED CASE ORDER by Honorable Lawrence K. Karlton: the court has determined that it is inappropriate to relate or reassign this case with 2:96-cv-255; this order is issued for informational purposes ONLY (cc: all counsel) (old) (Entered: 04/09/1996)
82 STIPULATION AND ORDER by Magistrate Judge John F. Moulds CONTINUING HEARING on motion to amend and appointment of counsel for the certified subclass plaintiff by pltfs [66-1] for 10:00 on 4/25/96; IT IS FURTHER STIPULATED and agreed, subject to approval of the Court, that Elizabeth Alexandra, counsel for pltfs, may participate telephonically in this hearing; Additional counsel for pltfs and defts will appear in person for the hearing (cc: all counsel) (old) (Entered: 04/12/1996)
83 NOTICE OF MOTION AND MOTION for sanctions for failure to appear and permit taking pltfs' deposition ; hearing set for 5/9/96 at 10am before JFM (old) (Entered: 04/19/1996)
84 MEMORANDUM by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard in support of motion for sanctions for failure to appear and to permit taking of pltf's deposition [83-1] (old) (Entered: 04/19/1996)
85 REPLY BRIEF by plaintiff in support of motion for leave to file second amended complaint [66-1] (old) (Entered: 04/22/1996)
86 MINUTES of Proceedings before Magistrate Judge John F. Moulds that the motion for leave to file amended complaint and add additional plaintiff/subsitution of attorneys by pltfs [66-1], is SUBMITTED; order to be prepared by the court (old) (Entered: 04/29/1996)
88 PLTS' RESPONSE to dfts' motion for sanctions [83-1] (ndd) (Entered: 05/01/1996)
89 DECLARATION of Carol Lynn Thompson in support of plts' response [88-1] to dfts' motion for sanctions (ndd) (Entered: 05/01/1996)
90 PROOF OF SERVICE by plts of [89-1], [88-1] (ndd) (Entered: 05/01/1996)
87 ORDER by Magistrate Judge John F. Moulds DENYING motion for leave to file amended complaint and add additional plaintiff by pltfs [661] (cc: all counsel) (old) (Entered: 05/01/1996)
91 REPLY by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, E Poole, Gwendolyn Dennard to pltfs' opposition to motion for sanctions for failure to appear and permit taking pltfs' deposition [83-1] (old) (Entered: 05/08/1996)

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05/06/1996 05/08/1996 05/08/1996 05/08/1996 05/08/1996 05/08/1996 05/08/1996 05/13/1996
05/14/1996 05/20/1996 05/20/1996
05/20/1996 05/29/1996

92 LETTER dated 5/3/96 to court from counsel for plaintiffs that motion will not be filed for at least another week (old) (Entered: 05/08/1996)
93 STIPULATION re telephonic appearance (kdc) (Entered: 05/09/1996)
94 NOTICE OF MOTION AND MOTION for attorney fees pursuant to FRCP 37(a)(4) and the inherent power of the court by pltfs ; hearing set for 10:00 6/13/96 before Magistrate Judge John F Moulds (kdc) (Entered: 05/09/1996)
95 MEMORANDUM by plaintiff in support of pltfs' motion for attorneys' fees [94-1] (kdc) (Entered: 05/09/1996)
96 DECLARATION of Dale A Rice in support of pltfs' motion for attorneys' fees [94-1] (kdc) (Entered: 05/09/1996)
97 DECLARATION of Elizabeth Alexander in support of pltfs' motion for attorneys' fees [94-1] (kdc) (Entered: 05/09/1996)
98 PROOF OF SERVICE by plaintiff of motion for attorneys' fees [97-1], memorandum [96-1], declaration of Dale Rice [95-1], declaration of Elizabeth Alexander [94-1] (kdc) (Entered: 05/09/1996)
99 ORDER by Magistrate Judge John F. Moulds THE COURT MADE THE FOLLOWING ORDERS AND ANNOUNCED THEM TO THE PARTIES: The record review at CIW willtake place between the regular business hours of 7:00 am and 4:30 pm; defts shall take all steps necessary to ensure that the reords are available beginning at 7;00 am each day; the record review at CCWF will tkae place between the regular business hours of 8:30 am and 4:30 pm; any reords which are not reviewed during regular business hours will be copied and the copying costs will be shared equally by counsel for pltfs and counsel for defts (cc: all counsel) (old) (Entered: 05/13/1996)
100 NOTICE OF MOTION AND MOTION for attorney fees pursuant to Fed R Civ P 37(a)(4) and the inherent power of the court by plaitniff Charisse Shumate ; hearing set for 10:00 on 6/20/96 (old) (Entered: 05/17/1996)
101 ORDER by Magistrate Judge John F. Moulds ORDERING that pltf Shelba Petty shall pay to defts' counsel reasonable expenses caused by her failure to appear at her deposition in the amount of $1,005.35 [83-1] (cc: all counsel) (old) (Entered: 05/20/1996)
102 REPORT AND RECOMMENDATION by Magistrate Judge John F. Moulds recommending that defts' 4/17/96 motion for sanction be granted and that Shelba Petty be dismissed from this action; objections due within five (5) days from the date of this order (cc: all counsel) (old) (Entered: 05/20/1996)
103 LETTER to court from counsel Elizabeth Alexander advising Court of current status of pltf's motion for substitution of counsel (kdc) (Entered: 05/28/1996)
104 TRANSCRIPT of 1/11/96 hearing on objections to Magistrate's Findings

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05/29/1996 05/29/1996 05/29/1996 05/29/1996 05/30/1996 06/03/1996
06/04/1996 06/05/1996 06/10/1996
06/10/1996
06/17/1996
06/20/1996 06/20/1996
06/20/1996

and recommendations; by C/R Kelly O'Halloran (kdc) (Entered: 06/03/1996)
105 NOTICE OF MOTION AND MOTION re subclass counsel and class notice issues by pltf ; hearing set for 10:00 on 6/27/96 (old) (Entered: 06/04/1996)
107 SEALED document by plaintiff (old) (Entered: 06/04/1996)
108 SEALED document by plaintiff (old) (Entered: 06/04/1996)
109 PROOF OF SERVICE by plaintiff of [106-1], [104-1], [108-1], [107-1], [105-1] (old) (Entered: 06/04/1996)
110 DECLARATION of Christine Banks in support of pltfs' motion for substitution of counsel [105-1] (old) (Entered: 06/04/1996)
111 NOTICE by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, E Poole, Gwendolyn Dennard of taking deposition of Blanca Montosa on 7/1/96 at 10:00am (old) (Entered: 06/06/1996)
106 SEALED document (old) (Entered: 06/04/1996)
LODGED stipulation and [proposed] Order continuing hearing re: pltfs' motion for attorney fees by plaintiffs (old) (Entered: 06/07/1996)
112 RESPONSE by defts Joseph Sandoval, Pete Wilson, Gwendolyn Dennard, Maria Nasalgo, Kenneth Follett, Teena Farmon, Nadim Khoury, Kyle S McKinsey, James Gomez, Russell Gould to motion re subclass counsel and class notice issues by pltf [105-1] (kdc) (Entered: 06/13/1996)
113 OPPOSITION by defts' Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell - Gould request for attorney fees pursuant to FRCP 37(a)(4) and the power of the court by pltfs [94-1] (old) (Entered: 06/13/1996)
114 ORDER by Chief Judge William B. Shubb ORDERED that the findings & recommendation [102-1] filed 5/20/96 are ADOPTED in full; dfts 4/17/96 motion for sanctions [83-1] is GRANTED and dismissing party Shelba Petty (cc: all counsel) (ndd) (Entered: 06/17/1996)
115 SEALED document (old) (Entered: 06/20/1996)
116 STIPULATION AND ORDER by Magistrate Judge John F. Moulds RESETTING HEARING on motion for attorney fees pursuant to Fed R Civ P 37(a)(4) and the inherent power of the court by plaitniff Charisse Shumate [100-1] [94-1] to 10am on 6/27/96 before PAN; dfts' opposition to motions and pltfs' reply papers to be filed pursuant to LR 230(c) (cc: all counsel) (old) (Entered: 06/20/1996)
117 REPLY BRIEF by plaintiffs in support of motion for attorneys' fees [100-1] (kdc) (Entered: 06/24/1996)

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06/20/1996 06/20/1996 06/27/1996
06/30/1996 07/05/1996
07/17/1996
07/19/1996 07/22/1996 08/01/1996 08/02/1996 08/06/1996

118 MINUTES: before Magistrate Judge John F. Moulds VACATING [1001] motion for attorney fees; no appearance; dropped from calendar plaitniff Charisse Shumate C/R (kdc) (Entered: 06/24/1996)
119 REPLY by plaintiff in support of pltfs' motion re subclass counsel and class notice issues [105-1] (kdc) (Entered: 06/24/1996)
120 MINUTES of Proceedings before Magistrate Judge John F. Moulds that the motion re subclass counsel and class notice issues by pltf [105-1] is SUBMITTED, that the motion for attorney fees pursuant to FRCP 37(a) (4) and the inherent power of the court by pltfs [94-1] is SUBMITTED; Arguemnts; Order to issue; motion for fees will be denied (old) (Entered: 07/01/1996)
319 TRIAL brief submitted by defendants (kdc) (Entered: 07/01/1997)
121 ORDER by Magistrate Judge John F. Moulds DENYING motion for attorney fees pursuant to FRCP 37(a)(4) and the power of the court by pltfs [94-1]; GRANTING IN PART motion re: subclass counsel and class notice issues by pltf [105-1]; SUBSTITUTION of the law firm of McCutchen, Doyle, Brown & Enersen LLP in place of Legal Services ofr Prisoners with Children as counsel for the subclass is APPROVED ; Legal Services for Prisoners with Children is GRANTED LEAVE to participate in representation of the general class (cc: all counsel) (old) (Entered: 07/05/1996)
LODGED Dfts' Ex Parte Request for an extension of time to file pretrial motions and Order by dfts Pete Wilson, Joseph Sandoval, Nadim Khoury, Teena Farmon, Susan E Poole, Kenneth Follett, Gwendolyn Dennard, James Gomez, Kyle S McKinsey, Russell - Gould (ndd) (Entered: 07/18/1996)
123 NOTICE by Pete Wilson, Joseph Sandoval, Kyle S McKinsey, Susan E Poole, Gwendolyn Dennard, Kenneth Follett, Nadim Khoury, Teena Farmon, James Gomez of taking deposition of Brenda Angle on 8/9/96 at 9:00am (old) (Entered: 07/22/1996)
122 ORDER by Magistrate Judge John F. Moulds DENYING lodged dfts' request for an extension of time to file pretrial motions (cc: all counsel) (old) (Entered: 07/22/1996)
124 REQUEST by defendants for reconsideration by the District Court of Magistrate Judge's order denying request for extension of motions cutoff (old) (Entered: 08/02/1996)
125 NOTICE change of address of co-counsel Jack L Daniel for pltfs to PO Box 306, Fresno, CA 93708-0306; telephone #209 485-5788, fax 209 485-5783 (old) (Entered: 08/05/1996)
126 NOTICE OF MOTION and motion to compel discovery and request for sanctions; memorandum of points and authorities by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard and

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08/06/1996 08/13/1996 08/13/1996 08/13/1996 08/14/1996 08/19/1996
08/23/1996 08/26/1996 08/30/1996 09/03/1996
09/09/1996

Russell Gould Motion Hearing Set for 8/29/96 at 10:00 (ljr) Modified on 08/07/1996 (Entered: 08/07/1996)
127 EXHIBITS by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard and Russell Gould to motion to compell discovery [126-1] (ljr) (Entered: 08/07/1996)
128 ORDER by Chief Judge William B. Shubb ORDERED that upon reconsideration the order of the magistrate judge filed 7/22/96 is AFFIRMED (cc: all counsel) (ndd) (Entered: 08/13/1996)
129 RESPONSE by pltf Charisse Shumate to dfts' request for reconsideration [124-1] (ljr) (Entered: 08/15/1996)
130 PROOF OF SERVICE by pltf Charisse Shumate of response to dfts' request for reconsideration [129-1] (ljr) (Entered: 08/15/1996)
131 PLTS' REQUEST that dfts' Motion to compel discovery be stricken for failure to comply with LR 251 (ndd) (Entered: 08/16/1996)
132 ORDER by Magistrate Judge John F. Moulds ORDERED that plt's 8/14/96 request [131-1] is DENIED; counsel are directed to meet and coner concerning dfts' 8/6/96 motion to compel [126-1] and request for sanctions pursuant to LR 251; counsel shall file their joint stipulation re discovery disagreements no later than 8/23/96 (cc: all counsel) (ndd) (Entered: 08/19/1996)
133 STIPULATION re: Discovery Disagreements by defts (old) (Entered: 08/26/1996)
134 EX PARTE request by plaintiffs for extension of discovery cut-off up to and including 1/10/97 (dfts will not stipulate to any extension of the discovery cut-off) (old) (Entered: 08/28/1996)
136 EX PARTE request by pltf Charisse Shumate for extension of discovery cut-off (ljr) (Entered: 09/05/1996)
135 ORDER by Magistrate Judge John F Moulds ORDERING: dfts 8/6/96 motion to compel discovery is GRANTED IN PART AND DENIED IN PART; within 15 days of the date of this order pltfs shall serve supplemental responses to dfts first and second set of interrogatories in accordance with the provisions of this order; on or before 9/13/96 the parties shall serve on each other a complete list of expert witnesses to be called at trial; dfts 8/6/96 motion for sanctions is DENIED (cc: all counsel) (old) (Entered: 09/03/1996)
137 NOTICE OF MOTION for protective order against the taking of the depositions of Russell S Gould, Director, California Department of Finance and Susann Steinberg by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, and Russell Gould ; Motion Hearing Set for 10:00 10/10/96 before Magistrate Judge John F Moulds (old) (Entered: 09/10/1996)

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09/09/1996
09/10/1996 09/11/1996
09/13/1996 09/13/1996 09/13/1996 09/16/1996 09/16/1996
09/23/1996 09/23/1996 09/23/1996
09/23/1996 09/26/1996

138 NOTICE (CORRECTED) by pltf Charisse Shumate of hearing re ex parte request for extension of discovery cut-off in-court hearing set for 1:30 on 10/7/96 before Honorable William B Shubb courtroom 2 (ljr) (Entered: 09/10/1996)
LODGED stipulation and proposed order by plaintiffs re: notice to the class (old) (Entered: 09/11/1996)
139 AMENDED DECLARATION OF SERVICE by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould of [137-1] (old) (Entered: 09/13/1996)
140 EX PARTE request for extension of time to file pretrial statement pursuant to Local Rule 281 by plaintiffs (old) (Entered: 09/13/1996)
LODGED Stipulation of voluntary dismissal of class member and Order by dfts (ndd) (Entered: 09/16/1996)
141 DFTS' DESIGNATION of expert witnesses (ndd) (Entered: 09/16/1996)
142 DESIGNATION of testifying expert witnesses by plaintiffs (old) (Entered: 09/16/1996)
143 NOTICE OF MOTION AND MOTION to dismiss pltfs Delores Rico and Blanca Monterrosa by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard , and for monetary sanctions by dfts Pete Wilson, Joseph Sandoval, James Gomez, S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard Motion Hearing Set for 10/17/96 at 10am before JFM (old) (Entered: 09/17/1996)
144 ORDER by Magistrate Judge John F. Moulds DENYING pltfs' ex parte application for an extension of time to file their pretrial statement [140-1] (cc: all counsel) (old) (Entered: 09/23/1996)
145 STIPULATION AND ORDER by Magistrate Judge John F. Moulds: that the attached notice shall be provided to current members of the pltf class and subclass (cc: all counsel) (old) (Entered: 09/23/1996)
146 OPPOSITION by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould and Nadim Khoury to pltfs' ex parte request for an extension of time to file pretrial statement [140-1] (ljr) (Entered: 09/24/1996)
147 OPPOSITION by defendants to pltfs' ex parte request for an extension of time for discovery [136-1], [134-1] (kb) (Entered: 09/25/1996)
148 IT IS SO ORDERED by Magistrate Judge John F Moulds that: pltfs' 8/26/96 request for an extension of the discovery cutoff is DENIED [1341] (cc: all counsel) (ljr) (Entered: 09/26/1996)

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09/27/1996
09/27/1996 10/01/1996
10/01/1996 10/01/1996 10/03/1996 10/04/1996
10/08/1996 10/08/1996 10/08/1996 10/09/1996 10/09/1996

150 MEMORANDUM IN OPPOSITION by plaintiffs to motion for protective order against the taking of the depositions of Russell S Gould, Director, California Department of Finance and Susann Steinberg by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, E Poole, Gwendolyn Dennard, and Russell Gould [137-1] (old) (Entered: 10/01/1996)
151 PROOF OF SERVICE by plaintiff of [150-1] (old) (Entered: 10/01/1996)
149 STIPULATION AND ORDER by Magistrate Judge John F Moulds that: GRANTING voluntary dismissal of Ms Angle dismissing her from this action with prejudice from the date of this order; no other action or sanction will be made by dfts based upon Ms Angle's non-appearance at her scheduled deposition terminating party Brenda Angle (cc: all counsel) (ljr) Modified on 10/01/1996 (Entered: 10/01/1996)
152 PRETRIAL STATEMENT on behalf of pltf class and pltf subclass from pltf Charisse Shumate (ljr) (Entered: 10/01/1996)
153 PROOF OF SERVICE by pltf Charisse Shumate of [152-1] (ljr) (Entered: 10/01/1996)
LODGED Stipulation and Order rescheduling deposition of Emerterio Gonzalez from 10/10/96 to 10/22/96 (old) (Entered: 10/04/1996)
154 MEMORANDUM IN OPPOSITION by plaintiff to motion to dismiss pltfs Delores Rico and Blanca Monterrosa by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard [143-1], to motion for monetary sanctions by dfts Pete Wilson, Joseph Sandoval, James Gomez, S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard [143-2] (old) (Entered: 10/04/1996)
155 WITNESS list to pretrial statement by dfts Wilson, Sandoval, Gomez, McKinsey, Farmon, Follett, Poole, Dennard, Gould, Khoury (old) (Entered: 10/09/1996)
156 WITNESS list to pretrial statement by dfts Wilson, Sandoval, Gomez, McKinsey, Khoury, Farmon, Follette, Poole, Dennard, and Gould (old) (Entered: 10/09/1996)
157 EXHIBIT list to pretrial statement by dfts Wilson, Sandoval, Gomez, McKinsey, Khoury, Farmon, Follette, Poole, Dennard, and Gould (old) (Entered: 10/09/1996)
158 STIPULATION AND ORDER by Magistrate Judge John F. Moulds continuing deposition hearing of Emeterio Gonzalez from 10/10/96 to 10/22/96 (cc: all counsel) (old) (Entered: 10/09/1996)
159 ORDER by Chief Judge William B. Shubb: GRANTING pltfs' request to hear the motions on shortened time and refers to the assigned magistrate judge the motions for an extension of discovery and for leave to file an amended pretrial statement (cc: all counsel) (old) (Entered: 10/09/1996)

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10/09/1996 10/09/1996 10/09/1996 10/09/1996 10/09/1996 10/10/1996 10/10/1996
10/10/1996 10/15/1996
10/15/1996

160 NOTICE OF MOTION AND MOTION for extension of discovery by pltfs and for leave to file amended pretrial statement , and REQUEST that motion be heard on shortened time at 10/15/96 pretrial conference hearing set for 11am on 10/15/96 motion to be heard by Chief Judge William B. Shubb (old) (Entered: 10/10/1996)
161 MEMORANDUM in support of pltfs' motion for extension of discovery [160-1], for leave to file amended pretrial statement [160-2], and request that motion be heard on shortened time at 10/15/96 pretrial conference [160-3] (old) Modified on 10/10/1996 (Entered: 10/10/1996)
162 DECLARATION of Carol Lynn Thompson in support of pltfs' motion for extension of discovery [160-1], for leave to file amended pretrial statement [160-2], and request that motion be heard on shortened time at 10/15/96 pretrial conference [160-3] (old) (Entered: 10/10/1996)
163 DECLARATION of Dale A Rice in support of pltfs' motion for extension of discovery [160-1], for leave to file amended pretrial statement [160-2], and request that motion be heard on shortened time at 10/15/96 pretrial conference [160-3] (old) (Entered: 10/10/1996)
164 PROOF OF SERVICE by plaintiffs of [163-1], [162-1], [161-1], [160-1], [160-2], [160-3] (old) (Entered: 10/10/1996)
165 LETTER ERRATA by plaintiffs to memorandum in support of motion to extend discovery and for leave to file an amended pretrial statement [1611] (old) (Entered: 10/10/1996)
166 MINUTES of Hearing on Motion before Magistrate Judge John F. Moulds: the motion for protective order against the taking of the depositions of Russell S Gould, Director, California Department of Finance and Susann Steinberg by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, and Russell Gould [137-1] is SUBMITTED; written order to be prepared by the Court (old) (Entered: 10/11/1996)
167 MEMORANDUM by pltfs in support of pltfs' motion for extension of discovery [160-1], for leave to file an amended pretrial statement [160-2], and request that motion be heard on shortened time at 10/15/96 pretrial conference [160-3] (old) (Entered: 10/11/1996)
168 FINDINGS AND RECOMMENDATIONS by Magistrate Judge John F Moulds Recommending that dfts' 9/16/96 motion for monetary sanctions [143-2] be GRANTED and that Delores Rico and Blanca Monterossa be dismissed from this action; within ten (10) days after being served with these F & R's any party may file written objections with the court and serve a copy on all parties referred back to Chief Judge William B Shubb (cc: all counsel) (ljr) (Entered: 10/15/1996)
169 IT IS SO ORDERED by Magistrate Judge John F Moulds that: the 10/17/96 hearing on dfts' motion for sanctions is VACATED [143-2]; counsel for pltfs shall pay to dfts' counsel reasonable expenses incurred

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10/15/1996
10/15/1996 10/15/1996 10/16/1996 10/17/1996
10/18/1996
10/18/1996 11/01/1996 11/01/1996 11/01/1996 11/08/1996

through 5/28/96 in connection with the failed deposition of Delores Rico in the amount of $522.50 (cc: all counsel) (ljr) (Entered: 10/15/1996)
170 ORDER by Magistrate Judge John F Moulds: GRANTING motion for protective order against the taking of the depositions of Russell S Gould and withdrawn as to the deposition of Dr Susann Steinberg [137-1]; pltfs shall not conduct the deposition of Russell S Gould; hearing on pltfs' motion for extension of the time to conduct discovery and for leave to file an amended pretrial statement is set for 10:00 on 10/17/96 [160-1], [1602] , motion filing ddl set for 4:00 on 10/15/96 pretrial conference held on 10/15/96 is VACATED (cc: all counsel) (ljr) (Entered: 10/15/1996)
171 DFTS' RESPONSE to court's Order dated 10/10/96 [159-1] and ... (ndd) (Entered: 10/16/1996)
171 ...and OPPOSITION to pls' Second Request to extend discovery [160-1] (ndd) (Entered: 10/16/1996)
172 ERRATUM by defendants (page 16) to response to order [171-1] and opposition to pltfs' second request to extend discovery on 10/15/96 [1711] (old) (Entered: 10/17/1996)
175 MINUTES of Hearing on Motions before Magistrate Judge John F. Moulds: DENYING motion for extension of discovery by [160-1]; pltf's motion to file an amended pretrial statement is SUBMITTED; pretrial conference SET for 3pm on 11/25/96 before WBS (old) (Entered: 10/21/1996)
173 IT IS HEREBY ORDERED by Magistrate Judge John F Moulds that: pltfs' motion for extension of time to conduct discovery is DENIED [1601]; pltfs' motion for leave to file an amended pretrial statement is DENIED [160-2]; pretrial conference is RESET to 11/25/96 at 3:00 before the Honorable William B Shubb in courtroom #2 [160-3] (cc: all counsel) (ljr) (Entered: 10/18/1996)
174 DECLARATION of Montaigne White, Terrance N Stone, Linda Socia, James Vatcher, Corazon Navarro, Phyllis Barracks & Lucille Lacy in support of dfts response to courts order dated 10/10/96 and opposition to pltfs second request to extend discovery (old) (Entered: 10/21/1996)
176 REQUEST by plaintiffs for reconsideration of the magistarte judge's ruling denying pltfs' motion to extend the discovery cut-off and amended pretrial statement (old) (Entered: 11/06/1996)
177 DECLARATION of Dale A Rice in support of request for reconsideration [176-1] (old) (Entered: 11/06/1996)
178 PROOF OF SERVICE by plaintiff of [177-1], [176-1] (old) (Entered: 11/06/1996)
179 OPPOSITION by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell - Gould to pltf's request for reconsideration of the magistrate judge's order [176-1] (old) (Entered: 11/12/1996)

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11/15/1996 11/18/1996 11/19/1996 11/20/1996 11/25/1996 11/25/1996 11/27/1996
11/27/1996 12/20/1996
12/20/1996 12/23/1996

181 REPLY BRIEF by plaintiffs in support of request for reconsideration of the magistrate judge's ruling denying motion to extend the discovery cutoff and amend pretrial statement [176-1] (old) (Entered: 11/19/1996)
180 ORDER by Chief Judge William B. Shubb: the request for reconsideration is REFERRED to the magistrate judge; the court further requests that the magistrate judge provide a statement of reasons supporting his ruling (cc: all counsel) (old) (Entered: 11/18/1996)
182 MINUTE ORDER telephonic status conference set for 11:30 11/20/96 before the Honorable John F. Moulds (cc: all counsel) (kb) (Entered: 11/20/1996)
183 MINUTES of Telephonic Status before Magistrate Judge John F. Moulds: parties to file a joint statement of all additional discovery; hrg SET for 11/27/96 (old) (Entered: 11/21/1996)
184 ORDER by Magistrate Judge John F. Moulds that the request [176-1] is SUBMITTED for disposition (cc: all counsel) (old) (Entered: 11/25/1996)
185 MINUTES of Pretrial Conference before Chief Judge William B. Shubb: further pretrial conference SET for 1:30pm on 1/13/97; court trial SET for 9am on 3/11/97 {estimated length 20 days} (old) (Entered: 11/26/1996)
186 ORDER by Chief Judge William B. Shubb: pretrial conference CONTINUED to 1:30pm on 1/13/97; parties to file supplemental pretrial statements 7 days prior to the hearing; court trial SET for 3/11/97 at 9am in Courtroom #2; parties DIRECTED to notice before the magistrate judge an and all motions re: discovery (cc: all counsel) (old) (Entered: 11/27/1996)
187 JOINT SUBMISSION of pltfs and dfts re: discovery to be completed before trial (old) (Entered: 11/29/1996)
188 ORDER by Chief Judge William B. Shubb ADOPTING report & recommendation order [168-1] DISMISSING the motion to dismiss pltfs Delores Rico and Blanca Monterrosa by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard [143-1], GRANTING motion for monetary sanctions by dfts Pete Wilson, Joseph Sandoval, James Gomez, S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard [143-2] (cc: all counsel) (old) (Entered: 12/20/1996)
192 LETTER to court from Stephen D Hibbard to inform the Court that he is representing the subclass of HIV inames in this case; he is is requesting that his name be on the service list for future telephone conference; his phone number 415-393-2472 (ndd) (Entered: 12/24/1996)
189 ORDER by Magistrate Judge John F. Moulds ORDERING that subclass counsel shall notice a motion to compel discovery and if necessary, a

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12/23/1996 12/23/1996 12/23/1996
12/23/1996 12/23/1996 12/27/1996
12/30/1996 01/06/1997 01/06/1997 01/06/1997 01/06/1997

motion to extend time to conduct expert discovery as to subclass issues, on this court 1/23/97 law and motion calendar; said motion shall be filed on or before 1/6/97; dfts' opposition, if any, shall be filed on or before 1/21/97; should subclass counsel find it necessary to seek reconsideration of any part of this court's order after the 11/20/96 hearing or the 12/18/96 hearing, such request shall be filed before this court not later than ten days from the date of this order (cc: all counsel) (old) (Entered: 12/23/1996)
190 NOTICE by dfts Pete Wilson, James Gomez, Kyle S McKinsey, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould, Nadim Khoury of filing document for in camera review under seal (ljr) (Entered: 12/24/1996)
191 SEALED document by dfts Pete Wilson, James Gomez, Kyle S McKinsey, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould and Nadim Khoury (ljr) (Entered: 12/24/1996)
194 MOTION to strike by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell - Gould Motion Hearing Set for 1/23/97 at 10:00am in crtrm 8; and REQUEST for sanctions (old) (Entered: 12/30/1996)
195 MEMORANDUM OF POINTS AND AUTHORITIES by defendants in support of motion to strike and request for sanctions [194-1] (old) (Entered: 12/30/1996)
196 DFTS' EXHIBITS to the motion to strike [194-1] (ndd) (Entered: 12/30/1996)
193 ORDER by Magistrate Judge John F. Moulds: Plaintiff's 11/1/96 request for reconsideration of the court's 10/17/96 order is granted in part and denied in part pretrial conference is continued to 1:30 1/24/97 motion hearing set for 1/23/97 discovery ddl set for 1/23/97 (cc: all counsel) (old) (Entered: 12/27/1996)
197 DECLARATION of Dfts' re Production of Documents (ch) (Entered: 01/02/1997)
198 EX PARTE APPLICATION for order shortening time by plaintiff Subclass to file motion to compel discovery and extend expert discovery (ndd) Modified on 01/07/1997 (Entered: 01/07/1997)
199 MEMORANDUM in support of Ex Parte Application for order shortening time to file motion to compel discovery and extend expert discovery [198-1] (ndd) (Entered: 01/07/1997)
200 DECLARATION of Stephen D Hibbard in support of Ex Parte Application to shorten time to hear motion of plt Subclass to compel discovery and extend expert discovery [198-1] (ndd) (Entered: 01/07/1997)
LODGED Proposed Order granting Ex Parte Application to shorten time

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01/06/1997 01/06/1997 01/06/1997 01/06/1997 01/06/1997 01/06/1997 01/06/1997 01/07/1997
01/08/1997 01/09/1997
01/09/1997 01/09/1997 01/09/1997
01/09/1997

to hear motion of plt Subclass to compel discovery and extend time for expert discovery (ndd) (Entered: 01/07/1997)
201 PROOF OF SERVICE by plt Subclass of [0-0], [200-1], [199-1], [198-1] (ndd) (Entered: 01/07/1997)
202 NOTICE OF MOTION AND MOTION of Subclass to compel discovery and extend expert discovery (ndd) (Entered: 01/07/1997)
203 MEMORANDUM in support of Motion of Subclass to compel discovery [202-1] ad extend expert discovery [202-2] (ndd) (Entered: 01/07/1997)
LODGED Proposed Order granting motion of plt Subclass to compel discovery and etend time for expert discovery (ndd) (Entered: 01/07/1997)
204 PROOF OF SERVICE by plt Subclass of [0-0], [203-1], [202-1], [202-2] (ndd) (Entered: 01/07/1997)
LODGED Document VACATING Proposed Order Granting Motion of pltf Subclass to Compel Discovery and Extend Time for Expert Discovery [0-0] lodged (ch) (Entered: 01/09/1997)
LODGED Document (ch) (Entered: 01/09/1997)
205 ORDER by Chief Judge William B. Shubb ORDERED that the ex parte application [198-1] is GRANTED; the motion to compel discovery [2021] and extend expert discovery [202-2] shall be noticed and heard telephonically before Hon JFM at 12:00 1/14/97; Opposition shall be served via facsimile and filed with the court on 1/10/97; any reply shall be filed with the court and hand-delivered to Hon JFM's chambers by 12:00 noon on 1/13/97 (cc: all counsel) (ndd) (Entered: 01/08/1997)
206 PROOF OF SERVICE by pltf of Order Shortening Time [205-1] (ch) (Entered: 01/09/1997)
207 MEMORANDUM OF POINTS AND AUTHORITIES in opposition to motion to strike [194-1] by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould (ch) (Entered: 01/13/1997)
208 DECLARATION of Dale A Rice in opposition to dft's Motion to Strike and Request for Sanctions [207-1] (ch) (Entered: 01/13/1997)
209 PROOF OF SERVICE by plaintiff [208-1], [207-1] (ch) (Entered: 01/13/1997)
210 SUBCLASS MEMORANDUM OPPOSITION to motion to strike [1941] by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould (ch) (Entered: 01/13/1997)
211 DECLARATION of STEPHEN D. HIBBARD in opposition to Motion to Strike and Request for Sanctions by Plaintiff Subclass [210-1] (ch)

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01/09/1997 01/10/1997 01/13/1997 01/13/1997 01/13/1997 01/13/1997 01/15/1997
01/15/1997
01/15/1997 01/21/1997 01/21/1997 01/21/1997

(Entered: 01/13/1997)
212 PROOF OF SERVICE by plaintiff [211-1], [210-1] (ch) (Entered: 01/13/1997)
213 OPPOSITION by defendants to motion of Subclass to compel discovery [202-1], to motion extend expert discovery [202-2] (ch) (Entered: 01/14/1997)
215 REPLY DECLARATION of Stephen D Hibbard in support of Motion of pltf Subclass to Compel Discovery [202-1],AND Extend Expert Discovery [202-2] (ch) (Entered: 01/14/1997)
216 PROOF OF SERVICE by plaintiff subclass [215-1], [214-1] (ch) (Entered: 01/14/1997)
214 REPLY by plaintiff Subclass memorandum in support of motion of subclass to compel [202-1], AND motion to extend expert discovery [202-2] (ch) Modified on 01/21/1997 (Entered: 01/21/1997)
REPLY Memorandum by plaintiff subclass in support of Motion of Subclass to Compel Discovery [202-1], AND Motion to Extend Expert Discovery [202-2] (ch) (Entered: 01/21/1997)
217 ORDER by Magistrate Judge John F. Moulds ORDERED that within 5 days from the date of this order dfts shall produce to counsel for plts an unredacted copy of the document produced for in cameraa review on 12/23/96; said documents is produced for counsels' eyes only and the document and information contained therein shall not be referred to in this litigation or disclosed to any other person without further order of the court; Clerk shall maintain the document submitted for in camera review on 12/23/96 under seal; on or before 1/21/97 plts shall file with the court a copy of the supplemental interrogatory responses provided to counsel for dfts on 12/23/96 and shall file and serve a list of all inmate witnesses they propose to call at trial (cc: all counsel) (ndd) (Entered: 01/15/1997)
218 REPLY by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould, Nadim Khoury to opposition to motion to strike by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould [194-1] (ljr) (Entered: 01/17/1997)
219 DECLARATION of of service by facsimile machine [213-1] (ljr) (Entered: 01/17/1997)
220 LIST OF INMATE WITNESSES FOR TRIAL by plaintiff subclass (ch) (Entered: 01/22/1997)
221 SUBMISSION RE PRISONERS They propose to call as trial witnesses by plaintiff (ch) (Entered: 01/22/1997)
222 PROOF OF SERVICE by plaintiff [221-1], [220-1] (ch) (Entered: 01/22/1997)

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01/23/1997 01/24/1997
01/27/1997 01/28/1997
01/30/1997 01/30/1997 02/05/1997 02/06/1997

223 MINUTES of Motion to Strike and Request for Sanctions before Magistrate Judge John F. Moulds: the motion to strike by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould [194-1] is SUBMITTED; F&R to issue (old) (Entered: 01/24/1997)
224 ORDER by Magistrate Judge John F. Moulds GRANTING the 1/6/97 motion of the Subclass to compel discovery and to extend the time for completion of expert discovery [202-1], [202-2]; copies of the schematic drawings provided to counsel for the subclass shall be provided in accordance with the terms and conditions set forth in this order expert discovery is extended as to subclass issues ONLY and shall be conducted so that discovery as to pltf's subclsaa' expert is completed by 2/13/97 and discovery as to dfts' experts on subclass issues is completed by 2/21/97 (cc: all counsel) (old) Modified on 01/24/1997 (Entered: 01/24/1997)
225 LETTER to court from counsel for plaintiff Sharon Cagle regarding statements made during discovery hearing on 1/23/97 regarding prisoners designated as potential trial witnesses by pltfs [223-1] (old) (Entered: 01/28/1997)
226 REPORT AND RECOMMENDATION by Magistrate Judge John F. Moulds recommending that motion to strike and for sanctions by dfts be DENIED [194-1] and Pretrial Conference set for 2/24/97 and the Court Trial set for 3/11/97 be VACATED; Discovery be reopened for a limited period, for the sole purpose of permitting depositions of twenty-four inmate witnesses indentified in the 1/21/97 list of inmate witnesses and the twenty-two inmate witnesses identified in the 1/21/97 list of inmate witnesses filed by the subclass; AND general class counsel be directed to pay dfts reasonable expenses of the instant motion in the amount of $1,500.00; Objections due within ten days after being served with these findings and recommendations; any reply to the objections shall be served and filed within five days after service of the objection; referred back to Chief Judge William B. Shubb (cc: all counsel) (ch) (Entered: 01/28/1997)
227 NOTICE OF MOTION AND MOTION to preclude expert opinions not properly disclosed during depositions by defendants , and to strike expert opinions not properly disclosed during depositions by defendants ; Motion Hearing not noticed (dd) (Entered: 01/31/1997)
LODGED ex parte application for order shortening time by defendants (dd) (Entered: 01/31/1997)
228 ORDER by Chief Judge William B. Shubb ORDERED that dfts' ex parte application for an order shortening time and motion to preclude expert opinions not properly disclosed during depositions are referred to Magistrate Judge John F. Moulds (cc: all counsel) (ndd) (Entered: 02/05/1997)
229 ORDER by Magistrate Judge John F. Moulds, dfts' motion to preclude

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02/07/1997
02/07/1997
02/13/1997
02/13/1997 02/13/1997 02/13/1997 02/13/1997 02/14/1997 02/18/1997 02/18/1997 02/18/1997 02/18/1997 02/18/1997

and strike expert opinions set for 10:00 on 2/20/97 before JFM in courtroom #8; pltfs' opposition to the motion due 2/13/97; dfts' reply due by noon on 2/18/97 (cc: all counsel) (ljr) (Entered: 02/06/1997)
LODGED Stipulation and Order for extension of time to take deposition of expert of pltf sub class by Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Gwendolyn Dennard, Russell Gould (old) (Entered: 02/10/1997)
230 OBJECTIONS by dfts' Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Teena Farmon, Kenneth Follett, Russell Gould, Susan E Poole, Nadim Khoury to Report and Recommendation [226-1] (old) (Entered: 02/10/1997)
231 MEMORANDUM of points and authorities by plaintiff Charisse Shumate in oppositon to dfts motion to preclude and strike expert opinions not disclosed during depositon [227-1], [227-2] (ljr) (Entered: 02/14/1997)
232 DECLARATION of Dale A Rice in opposition to dfts' motion to preclude and strike expert opinions not disclosed during depositions [227-1], [227-2] (ljr) (Entered: 02/14/1997)
233 DECLARATION of Elizabeth Alexamder in opposition to dfts' motion to preclude and strike expert opinions not disclosed during depositions [227-1], [227-2] (ljr) (Entered: 02/14/1997)
234 DECLARATION of Ellen M. Barry in opposition to dfts' motion to preclude and strike expert opinions not disclosed during depositions [227-1], [227-2] (ljr) (Entered: 02/14/1997)
235 PROOF OF SERVICE by plaintiff Charisse Shumate of [234-1], [233-1], [232-1], [231-1] (ljr) (Entered: 02/14/1997)
236 REQUEST by defendants for an extension of time to file supplemental pretrial statement (ch) (Entered: 02/18/1997)
238 RESPONSE by plaintiff to dfts' objections to Magistrate Judge's Findings and Recommendations [230-1] (ch) (Entered: 02/19/1997)
239 SUPPLEMENTAL DECLARATION of Dale A Rice in response to dfts' objections to findings and recommendations [238-1] (ch) (Entered: 02/19/1997)
240 OPPOSITION by plaintiff subclass to dfts' objections and CrossObjections to findings and recommendations [230-1] (ch) (Entered: 02/19/1997)
241 DECLARATION of Stephen D Hibbard in support of subclass opposition to dfts' objection and cross-objections to findings and recommendations [240-1] (ch) (Entered: 02/19/1997)
242 PROOF OF SERVICE by plaintiff of [237-1], [241-1], [240-1], [239-1], [238-1] (ch) (Entered: 02/19/1997)

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02/18/1997 02/19/1997 02/19/1997 02/20/1997
02/20/1997 02/26/1997 02/27/1997
02/27/1997

243 DFTS' REPLY to plts' opposition to motion to preclude expert testimony [227-1] (ndd) (Entered: 02/19/1997)
237 STIPULATION AND ORDER by Magistrate Judge John F. Moulds GRANTING dft's request for extension of time, to and including 2/14/97, in which to take the deposition of the expert of pltf subclass (cc: all counsel) (old) (Entered: 02/19/1997)
244 LETTER to court from counsel for dft that dfts have filed objections to the Magistrate Judge's 1/24/97 Findings and recommendation and enclosed a copy of dfts' motion to strike [194-1] (two binders) (ndd) (Entered: 02/20/1997)
245 ORDER by Chief Judge William B. Shubb ADOPTING IN FULL the report & recommendation order filed 1/28/97 [226-1], DENYING dft's motion to strike and for sanctions [227-2], [227-1], [194-1] AND discovery is reopended until 4/18/97 for the sole purpsoe of permitting dfts to depose the twenty-four inmate witnesses identified in the 1/21/97 list of inmate witnesses filed by the general class and the twenty-two inmate witnesses identified in the 1/21/97 list of inmate witnesses filed by the subclass; all deposition shall be taken by 3/7/97 and shall be reviewed and signed by the deponents by 4/18/97; the pretrial conference set for 2/24/97 is continued to 5/5/97, at 2:30pm before the undersigned; the parties shall file and serve their supplemental pretrial statements on or before 4/28/97; the court trial set for 3/11/97 is VACATED and will be reset a the time of the pretrial conference; Counsel for the general class shall pay to dfts reasonable expenses of dfts' motion in the amount of $1500.00 (cc: all counsel) (old) (Entered: 02/20/1997)
246 MINUTES of 2/20/97 before Magistrate Judge John F. Moulds that the motion to preclude expert opinions not properly disclosed during depositions by defendants [227-1] is SUBMITTED; written order to be prepared by the Court; arguments; parties to file letter re: filing of motions for summary judgment and time frame for preparing motions; letters to be file by 2/27/97; order to issue (ch) (Entered: 02/21/1997)
247 ORDER by Magistrate Judge John F Moulds dfts' 1/30/97 motion to preclude and strike expert opinions is GRANTED [227-2]; on or before 2/27/97, the parties shall file written statements addressing whether summary judgment motions would aid in the deposition of this action (cc: all counsel) (ljr) (Entered: 02/26/1997)
248 LETTER to court from counsel for defendants indicating the dfts are prepared to proceed to trial in this matter as expeditiously as possibly without filing of dispositive pretrial motions; should the court recommend resolution of this case by cross motions for summary judgment, dfts recommend that the parties opening briefs be due within 90 to 120 days; opposition briefs due within 30 or 60 days thereafter; reply briefs can be due within 15 days; the hearing on the motions can be set according to the court's schedule [227-2] (ch) (Entered: 02/28/1997)
249 LETTER dated 2/26/97 to court from counsel for plaintiff class opposed

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02/28/1997 03/05/1997
03/12/1997 03/12/1997 03/18/1997 03/19/1997
03/21/1997 03/24/1997 03/26/1997 03/28/1997
04/04/1997

to any changes in the scheduling order [247-1] and notifies the court that case is unlikely to be resolved by summary judgment motion (old) (Entered: 02/28/1997)
250 LETTER to court from counsel for plaintiff subclass regarding Ms Alexander's letter, the subclass believes it is in the interest of all parties, as well as the Court, to proceed directly to resolution of this case at trial [248-1] (ch) (Entered: 03/03/1997)
251 LETTER to court from counsel for plt class opposed any additional change in the scheduling order in this case to permit the filing of summary judgment; plts urge the court to decline to interrupt the schedule for 3 reasons: this case is unlikely to be resolved or substantially simplified as a result of summary judgment, delaying the trial and the delaying trial will be prejudicial to plts [247-1] (ndd) (Entered: 03/06/1997)
252 OBJECTIONS by plaintiffs to magistrate judge's order limiting testimony of expert witnesses at trial [247-1] (old) (Entered: 03/13/1997)
253 PROOF OF SERVICE by plaintiffs of [252-1] (old) (Entered: 03/13/1997)
LODGED Stipulation and Order re: procedure for posting of class notice by plaintiffs and defendants (old) (Entered: 03/20/1997)
254 OPPOSITION by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle S McKinsey, Nadim Khoury, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould to objection to the magistrate judge's order limiting testimony of expert witnesses at trial (old) (Entered: 03/21/1997)
255 ORDER by Chief Judge William B. Shubb accordingly, plt's objections filed 3/12/97, are referred to the magistrate judge for such further orders and/or F & R's as he deems appropriate (cc: all counsel) (ljr) (Entered: 03/21/1997)
256 ORDER by Magistrate Judge John F. Moulds ORDERING re minutes [246-1]; Accordingly, this court will not reoopen the time for filing pretrial motions (cc: all counsel) (old) (Entered: 03/24/1997)
LODGED Document lodged [0-0] VACATED (old) (Entered: 03/26/1997)
257 ORDER by Magistrate Judge John F. Moulds ORDERING that within five days from the date of this order pltfs shall file and serve a complete list of all documents which they contend have not yet been and should be reviewed by Dr. Kim Thorburn in advance of her testimony at the trial of this matter; the list should also indicate, as to each documents identified therein, the date of service by pltfs of the discovery request pursuant to which the documents was produced, and the date on which the document was produced to pltfs (cc: all counsel) (old) (Entered: 03/28/1997)
258 PLTS' Submission re Dr Kim Thorburn's reivew of documents produced

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04/04/1997 04/07/1997 04/08/1997
04/08/1997 04/14/1997 04/14/1997 04/14/1997 04/16/1997 04/18/1997

after her Jan 1997 Deposition pursuant to Court order [257-1] (ndd) (Entered: 04/07/1997)
259 LETTER to court from counsel for dfts in response to Court's order of 3/24/97 [256-1] that dfts had submitted a written statement requested by court on 2/20/97 and was filed on 2/27/97 (ndd) (Entered: 04/07/1997)
260 AMENDED PLTS' Submission re Dr Kim Thorburn's Review of documents produced after her Jan 1997 Deposition [258-1] (ndd) (Entered: 04/08/1997)
261 ORDER by Magistrate Judge John F. Moulds ORDERING that pltf's request for reconsideration of this court's 2/26/97 order is [252-1] GRANTED IN PART, as follows: Dr Kim Thorburn is permitted to review the 1/3/97 draft Chronic Care Guidlines and the CCWF Census Report for 8/26/97 in preparation for her testimony in pltfs' case-in-chief; Dr Thorburn shall prepare a written summary of her testimony concerning these two documents which summary shall be served on counsel for dfts on or before 5/1/97; the sanctions limiting Dr Weinstein's testimony imposed in the 2/26/97 order [247-1] is VACATED; Dr Weinstein shall conduct such record review as will enable him to be fully prepared to testify at a continued deposition to be take during the week of 4/21/97; on or before 4/11/97, pltfs shall serve on dfts by facsimile a complete list of all records to be reviewed by Dr Weinstein ; on or before 4/15/97, dfts may serve on pltf by facsimile a notice of continued deposition of Dr Weinstein, which notice shall set the continued deposition for a date certain not earlier than 4/21/97 and not later than 4/25/97; pltfs shall bear all costs of the continued deposition, including reasonable costs incurred by dfts in preparation for the continued deposition; all other limintations imposed in the 2/26/97 order apply to testimony offered in pltfs' case-in-chief and not to true rebuttal testimony (cc: all counsel) (ch) (Entered: 04/08/1997)
262 REQUEST by defendants for leave to reply to pltfs' response to the court's 3/28/97 order (old) (Entered: 04/09/1997)
263 REQUEST by plaintiff for partial consideration of 4/8/97 order re trial testimony of pltfs' expert Dr Kim Thornburn (old) (Entered: 04/15/1997)
264 REQUEST by dfts Pete Wilson, Joseph Sandoval, James Gomez, Kyle McKinsey, Helen Pacheco, Teena Farmon, Kenneth Follett, Susan E Poole, Gwendolyn Dennard, Russell Gould for reconsideration of magistrate judge's order of 4/8/97 AND..... (old) (Entered: 04/15/1997)
264 ...OPPOSITION to pltfs' request for reconsideration of magistrate judge's sanction limiting expert testimony by defendants to [263-1] (old) Modified on 04/15/1997 (Entered: 04/15/1997)
265 ORDER by Magistrate Judge John F. Moulds ORDERING pltfs' request for reconsideration of this court's 4/8/97 order [263-1] is DENIED (cc: all counsel) (old) (Entered: 04/16/1997)
266 ORDER by Chief Judge William B. Shubb ORDERING dfts' request for

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04/18/1997 04/22/1997 04/28/1997 04/28/1997 04/28/1997 04/28/1997 04/30/1997
05/01/1997
05/02/1997 05/02/1997 05/02/1997

reconsideration of the magistrate judge's order filed 4/8/97 [264-1] GRANTED; and the order of the magistrate judge filed 4/8/97 is AFFIRMED (cc: all counsel) (old) (Entered: 04/18/1997)
267 OPPOSITION by plaintiff Charisse Shumate to dft's request for reconsideration of Magistrate Judge's sanction limiting expert testimony [264-1] (ljr) (Entered: 04/21/1997)
LODGED stipulation and order re procedure for posting of class notice by plaintiff Charisse Shumate (ljr) (Entered: 04/23/1997)
268 WITNESS list by defendants (old) (Entered: 04/29/1997)
269 PRETRIAL STATEMENT from defendants (old) (Entered: 04/29/1997)
270 EXHIBIT list by defendants to pretrial statement (old) (Entered: 04/29/1997)
271 PRETRIAL STATEMENT on behalf of plt class and plt subclass (old) (Entered: 04/29/1997)
272 STIPULATION AND ORDER by Magistrate Judge John F Moulds re: procedure for posting of class notice GRANTED in accordance with the aforementioned stipulation, IT IS HEREBY ORDERED that the procedure be adopted for the posting of Class Notice in Shumate v. Wilson (cc: all counsel) (ljr) (Entered: 04/30/1997)
RESERVICE of DOCUMENT(S) stipulation and order re: proc [272-1] addressed to plaintiff Charisse Shumate, plaintiff Sharon Cagle, plaintiff Helen Pacheco, plaintiff Rachel Silvas, plaintiff Marie Nestle, plaintiff Deborah Belcher, plaintiff Rose Munghia, plaintiff Deborah Webster, plaintiff Deanna Millsap, plaintiff Shelba Pettey, plaintiff Darlene Brazil, plaintiff Marilyn Stitch, plaintiff Brenda Angle, plaintiff Linda June Eagerton, plaintiff Cynthia Martin, plaintiff Gina Johnson, plaintiff Nina Myart, plaintiff Lisa Smith, plaintiff Jane Doe 1, plaintiff Jane Doe 2, plaintiff Beverly Tucker, plaintiff Bertha Jones, plaintiff Hattie Dickerson, plaintiff Maria Nasalgo, plaintiff Marcia Bunney, plaintiff Delores Rico, defendant Pete Wilson, defendant Joseph Sandoval, defendant James Gomez, defendant Kyle S McKinsey, defendant Teena Farmon, defendant Kenneth Follett, defendant Susan E Poole, defendant Gwendolyn Dennard, defendant Russell - Gould, defendant Nadim Khoury (cc: all counsel) (ljr) (Entered: 05/01/1997)
273 NOTICE OF MOTION AND MOTION for order requiring dfts to submit appropriate exhibit list and sanctions by plaintiff motion TO BE HEARD by Chief Judge William B. Shubb; (old) (Entered: 05/05/1997)
274 MEMORANDUM of points and authorities in support of motion for order requiring dft to submit appropriate exhibit list and for sanctions by plaintiffs [273-1] (old) (Entered: 05/05/1997)
275 DECLARATION of Elizabeth Alexander in support of motion [273-1] (old) (Entered: 05/05/1997)

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05/02/1997 05/06/1997 05/06/1997 05/08/1997 05/15/1997 05/16/1997 05/21/1997 05/21/1997 05/21/1997 05/21/1997 05/21/1997 05/21/1997 05/22/1997 05/22/1997 05/27/1997 06/03/1997

276 PROOF OF SERVICE by plaintiffs of [275-1], [274-1], [273-1] (old) (Entered: 05/05/1997)
277 LETTER to court from counsel for plaintiffs requesting that the pretrial conference not be scheduled during the period of 5/16/97 to 5/22/97 (old) (Entered: 05/07/1997)
278 SUPPLEMENTAL EXHIBIT desginated by pltf class and pltf subclass by plaintiff regarding [268-1] (old) (Entered: 05/07/1997)
279 REQUEST by plaintiff to postpone pre-trial conference hearing date set for 5/5/97 (old) (Entered: 05/09/1997)
280 LETTER to court from counsel for plts confirmed pretrial scheduling conference set for 5/27/97 10:00am (ndd) (Entered: 05/16/1997)
LODGED stipulation to continue Dr. Corey Weinstein's deposition and order by defendants (ljr) (Entered: 05/19/1997)
281 STIPULATION AND ORDER by Chief Judge William B. Shubb the parties hereby stipulate to continue the deposition of Dr Corey Weinstein to 5/15/97 [0-0] GRANTED (cc: all counsel) (old) (Entered: 05/21/1997)
282 NOTICE OF MOTION and motion for protective order by plaintiff Charisse Shumate motion TO BE HEARD by Chief Judge William B. Shubb ; <hearing not notice> (ljr) (Entered: 05/22/1997)
283 MEMORANDUM of points and authorities by plaintiff Charisse Shumate in support of motion for protective order [282-1] (ljr) Modified on 05/22/1997 (Entered: 05/22/1997)
284 DECLARATION of Ellen M. Barry in support of pltfs motion for protective order [282-1] (ljr) (Entered: 05/22/1997)
285 DECLARATION of prisoner witnesses in support of motion for protective oarder [282-1] (ljr) (Entered: 05/22/1997)
286 PROOF OF SERVICE via Federal Express by plaintiff Charisse Shumate of [282-1], [283-1], [284-1], [285-1] (ljr) (Entered: 05/22/1997)
287 OPPOSITION by defendants and motion to strike pltfs' request for an order requiring dfts modify their exhibit list [273-1] (ljr) (Entered: 05/23/1997)
287 MOTION to strike pltfs' request for an order requiring dfts modify their exhibits list by dfts motion TO BE HEARD by Chief Judge William B. Shubb ; <hearing not notice> (ljr) (Entered: 05/23/1997)
288 MINUTES of Proceedings before Chief Judge William B. Shubb pretrial conference held on 5/27/97 trial set for 9:00am on 7/29/97 (old) (Entered: 05/28/1997)
289 PRE-TRIAL ORDER approved by Chief Judge William B. Shubb trial set for 9:00am on 7/29/97 before the undersigned; settlement conference set for 6/13/97 before JFM (cc: all counsel) (old) (Entered: 06/03/1997)

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06/13/1997
06/18/1997 06/24/1997
06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997

LODGED Stipulation re joint status re Agreement to appoint Michael Keating as settlement mediator and for division of fees and costs (ndd) (Entered: 06/16/1997)
290 SUGGESTED MODIFICATION to June 3, 1997 Pretrial Order by plaintiff (ch) (Entered: 06/19/1997)
291 ORDER by Chief Judge William B. Shubb ORDERING that on 6/16/97, the parties lodged a joint status report re: agreement to appoint Michael Keating as settlement mediator and for division of fees and costs thereof; the parties are directed to schedule and conduct the settlement mediation so that it may be completed before trial (cc: all counsel) (old) (Entered: 06/24/1997)
RESERVICE of DOCUMENT(S) Order [291-1] addressed to plaintiff, defendant (cc: all counsel) (old) (Entered: 06/27/1997)
292 NOTICE of Filing of Original Deposition Transcripts in preparation for trial by dfts (ndd) (Entered: 06/30/1997)
293 DEPOSITION of Corey Weinstein, MD taken on the following date(s) 1/20/97 (ndd) (Entered: 06/30/1997)
294 DEPOSITION of Deborah Beatrice Webster taken on the following date (s) 8/22/97 (ndd) (Entered: 06/30/1997)
295 DEPOSITION of Beverly Tucker taken on the following date(s) 2/8/96 (ndd) (Entered: 06/30/1997)
296 DEPOSITION of Joseph P Fowlkes, MD taken on the following date(s) 2/14/97 (ndd) (Entered: 06/30/1997)
297 DEPOSITION of Sharon Williams taken on the following date(s) 2/21/97 (ndd) (Entered: 06/30/1997)
298 DEPOSITION of Kim Marie Thorburn, MD taken on the following date (s) 1/13/97 (ndd) (Entered: 06/30/1997)
299 DEPOSITION of Cheryl Sanders taken on the following date(s) 2/28/97 (ndd) (Entered: 06/30/1997)
300 DEPOSITION of Helen Pacheco taken on the following date(s) 10/4/96 (ndd) (Entered: 06/30/1997)
301 DEPOSITION of Marie Patzig taken on the following date(s) 2/27/97 (ndd) (Entered: 06/30/1997)
302 DEPOSITION of Lisa Smith taken on the following date(s) 9/24/96 (ndd) (Entered: 06/30/1997)
303 DEPOSITION of Kimberly Thrower taken on the following date(s) 2/28/97 (ndd) (Entered: 06/30/1997)
304 DEPOSITION of Joncie Vega taken on the following date(s) 2/26/97 (ndd) (Entered: 06/30/1997)

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06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997

305 DEPOSITION of Twillah Wallace taken on the following date(s) 3/3/97 (ndd) (Entered: 06/30/1997)
306 DEPOSITION of Corey Weinstein, MD taken on the following date(s) 4/23/97 (ndd) (Entered: 06/30/1997)
307 DEPOSITION of Corey Weinstein, MD Vol III taken on the following date(s) 4/24/97 (ndd) (Entered: 06/30/1997)
308 DEPOSITION of Corey Weinstein, MD Volume II, Exhibits taken on the following date(s) 4/23/97 (ndd) (Entered: 06/30/1997)
320 DEPOSITION of Maria Lisa Nestle taken on the following date(s) 2/29/96 (old) (Entered: 07/01/1997)
321 DEPOSITION of Darlene Ann Brazil taken on the following date(s) 2/29/96 (old) (Entered: 07/01/1997)
322 DEPOSITION of Carolyn Hamilton taken on the following date(s) 2/24/97 (old) (Entered: 07/01/1997)
323 DEPOSITION of Sherri Chapman taken on the following date(s) 2/25/97 (old) (Entered: 07/01/1997)
324 DEPOSITION of Marilyn Sitch taken on the following date(s) 5/6/96 (old) (Entered: 07/01/1997)
325 DEPOSITION of Cynthia Martin taken on the following date(s) 6/19/97 (old) (Entered: 07/01/1997)
326 DEPOSITION of Nina Myart taken on the following date(s) 6/27/96 (old) (Entered: 07/01/1997)
327 DEPOSITION of DeAnna Millsaps taken on the following date(s) 7/15/96 (old) (Entered: 07/01/1997)
328 DEPOSITION of Sharon Cagle taken on the following date(s) 7/15/96 (old) (Entered: 07/01/1997)
329 DEPOSITION of Gina Johnson, volume I, taken on the following date(s) 7/16/96 (old) (Entered: 07/01/1997)
330 DEPOSITION of Charissse Shumate volume I, taken on the following date(s) 7/24/96 (old) (Entered: 07/01/1997)
331 DEPOSITION of Charisse Shumate volume II, taken on the following date(s) 8/12/96 (old) (Entered: 07/01/1997)
332 DEPOSITION of Charisse Shumate, volume II taken on the following date(s) 8/28/96 (old) (Entered: 07/01/1997)
333 DEPOSITION of Gina Johnson, volume II taken on the following date(s) 8/15/96 (old) (Entered: 07/01/1997)
334 DEPOSITION of Bertha Lyons taken on the following date(s) 8/23/96 (old) (Entered: 07/01/1997)

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06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997

335 DEPOSITION of Maria E Nasalga taken on the following date(s) 8/28/96 (old) (Entered: 07/01/1997)
336 DEPOSITION of Marcia Bunney taken on the following date(s) 10/3/96 (old) (Entered: 07/01/1997)
337 DEPOSITION of Gail Jones taken on the following date(s) 11/26/96 (old) (Entered: 07/01/1997)
338 DEPOSITION of Hattie Dickerson taken on the following date(s) 5/30/96 (old) (Entered: 07/01/1997)
339 DEPOSITION of Linda J Rice taken on the following date(s) 9/27/96 (old) (Entered: 07/01/1997)
340 DEPOSITION of Natha DePew taken on the following date(s) 2/25/97 (old) (Entered: 07/01/1997)
341 DEPOSITION of Gloria Killian taken on the following date(s) 2/25/97 (old) (Entered: 07/01/1997)
342 DEPOSITION of Sandra Kay Bull taken on the following date(s) 2/26/97 (old) (Entered: 07/01/1997)
343 DEPOSITION of Antoinette Carter taken on the following date(s) 2/26/97 (old) (Entered: 07/01/1997)
344 DEPOSITION of Lorraine Cook taken on the following date(s) 2/26/97 (old) (Entered: 07/01/1997)
345 DEPOSITION of Patricia Caetano taken on the following date(s) 2/26/97 (old) (Entered: 07/01/1997)
346 DEPOSITION of Patricia Bolden taken on the following date(s) 2/27/97 (old) (Entered: 07/01/1997)
347 DEPOSITION of Rosemary Carmona taken on the following date(s) 2/27/97 (old) (Entered: 07/01/1997)
348 DEPOSITION of Yvonne Estrada taken on the following date(s) 2/27/97 (old) (Entered: 07/01/1997)
349 DEPOSITION of Brenda Colson taken on the following date(s) 2/28/97 (old) (Entered: 07/01/1997)
350 DEPOSITION of Patricia Contreras taken on the following date(s) 3/3/97 (old) (Entered: 07/01/1997)
351 DEPOSITION of Daisy Benson taken on the following date(s) 3/4/97 (old) (Entered: 07/01/1997)
352 DEPOSITION of Michelle French taken on the following date(s) 3/7/97 (old) (Entered: 07/01/1997)
354 DEPOSITION of Mona Jones taken on the following date(s) 3/6/97 (ljr) (Entered: 07/02/1997)

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06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/27/1997 06/30/1997
06/30/1997
06/30/1997 06/30/1997 06/30/1997 06/30/1997 06/30/1997

355 DEPOSITION of Elnora Corean McQueen taken on the following date(s) 2/18/97 (ljr) (Entered: 07/02/1997)
356 DEPOSITION of Mary Lumsden taken on the following date(s) 2/18/97 (ljr) (Entered: 07/02/1997)
357 DEPOSITION of Lynn McCoy taken on the following date(s) 2/19/97 (ljr) (Entered: 07/02/1997)
358 DEPOSITION of Alexandria LeGrown taken on the following date(s) 2/19/97 (ljr) (Entered: 07/02/1997)
359 DEPOSITION of Venus Marie Mullins taken on the following date(s) 2/24/97 (ljr) (Entered: 07/02/1997)
360 DEPOSITION of Marian Lowe taken on the following date(s) 2/25/97 (ljr) (Entered: 07/02/1997)
361 DEPOSITION of Dana Lanehart taken on the following date(s) 2/28/97 (ljr) (Entered: 07/02/1997)
362 DEPOSITION of Beverly Johnson taken on the following date(s) 3/5/97 (ljr) (Entered: 07/02/1997)
363 DEPOSITION of Gloria Johnson taken on the following date(s) 3/7/97 (ljr) (Entered: 07/02/1997)
364 DEPOSITION of Kiara taken on the following date(s) McQueen (ljr) (Entered: 07/02/1997)
365 DEPOSITION of Rose Munghia taken on the following date(s) 3/18/96 (ljr) (Entered: 07/02/1997)
309 WITNESS list by dfts Susan E Poole, Pete Wilson, Joseph Sandoval, Teena Farmon, Maddock, Dezember, Covington, Tur, Choo and Brown (kdc) (Entered: 07/01/1997)
310 SUPPLEMENTAL DESIGNATION OF TRIAL EXHIBITS by dfts Wilson, sandoval, Maddock, Dezember, Covington, Farmon, Poole, Tur, Choo, and Brown (kdc) (Entered: 07/01/1997)
311 DESIGNATION OF EXHIBITS for Phase II of Trial by pltf Shumante (kdc) (Entered: 07/01/1997)
312 STATEMENT by plaintiff Charisse Shumate designating responses to interrogatories and deposition testimony (kdc) (Entered: 07/01/1997)
313 PROOF OF SERVICE by plaintiff Charisse Shumate of [312-1], [311-1], [310-1], [309-1] (kdc) (Entered: 07/01/1997)
314 TRIAL brief submitted by plaintiff Charisse Shumate (kdc) (Entered: 07/01/1997)
315 PLTFS' PROPOSED FINDINGS of fact and conclusions of law by pltf (kdc) (Entered: 07/01/1997)

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06/30/1997 06/30/1997 06/30/1997 06/30/1997 07/08/1997 07/08/1997 07/08/1997 07/09/1997 07/11/1997 07/11/1997 07/11/1997
07/18/1997
07/18/1997 07/25/1997
07/25/1997

316 DESIGNATION OF WITNESSES by plaintiff Charisse Shumate (kdc) (Entered: 07/01/1997)
317 DESIGNATION OF EXHIBITS by plaintiff Charisse Shumate (kdc) (Entered: 07/01/1997)
318 DFTS' DESIGATION OF DEPOSITION excerpts offered into evidence dfts Pete Wilson, Joseph Sandoval, Kenneth Follett, Susan E Poole, Teena Farmon (kdc) (Entered: 07/01/1997)
353 PROPOSED FINDINGS of fact and conclusions of law by dfts (ljr) (Entered: 07/02/1997)
366 NOTICE by defendant of filing original deposition transcripts in preparation for trial on 7/29/97 (ch) (Entered: 07/09/1997)
367 TRANSCRIPT of 5/6/96 hearing on Deposition of Rachel Silvas by C/R Consuela R Taylor (ch) (Entered: 07/09/1997)
368 TRANSCRIPT of 5/16/97 hearing on Deposition of Corey Weinstein, MD, Volume IV by C/R Linda Vaccarezza (ch) (Entered: 07/09/1997)
LODGED Stipulation and Order extending time for filing counterdesignations, exhibit objections and responses to trial briefs by plaintiff subclass re HIV (ch) (Entered: 07/10/1997)
369 COUNTER-DESIGNATION OF DEPOSITION excerpts offered into evidence by defendant (ch) (Entered: 07/14/1997)
370 PLTF'S COUNTER-DESIGNATIONS of deposition testimony from class members in response to dfts' designations (ch) (Entered: 07/15/1997)
373 ORDER by Chief Judge William B. Shubb ORDERING stipulation and order extending time for filing counter-designations, exhibit objections and repsonses to trial briefs is [0-0] GRANTED (cc: all counsel) (ch) (Entered: 07/28/1997)
LODGED stipulation and proposed order extending time for filing of response to trial briefs, objections to deposition designations, and objections to proposed trial exhibits by defendants (kdc) (Entered: 07/22/1997)
371 LETTER to court from counsel for defendant in light of this tentative settlement, it appears that the trial presently scheduled to start 7/29/97 is no longer necessary (ch) (Entered: 07/22/1997)
372 STIPULATION AND ORDER by Chief Judge William B. Shubb that dfts' request for an extension of time, to and including 7/29/97, to file their responses to trial briefs, objections to deposition designations and objections to proposed trial exhibits is GRANTED (cc: all counsel) (ndd) (Entered: 07/25/1997)
375 NOTICE by dfts Pete Wilson, Joseph Sandoval, Maddock, Dezember, Covington, Teena Farmon, Tur, Susan E Poole, Choo and Brown of

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07/29/1997 08/06/1997 08/11/1997 08/12/1997 08/15/1997
09/02/1997 09/02/1997 09/09/1997
09/09/1997
11/24/1997 11/24/1997

Settlement (old) (Entered: 07/29/1997)
374 ORDER by Chief Judge William B. Shubb ORDERING that the parties file and serve all dispositional documents on or before 8/11/97 (cc: all counsel) (ndd) (Entered: 07/29/1997)
377 DEPOSITION of Steven S Spencer taken on the following date(s) 1/20/97 (old) (Entered: 08/07/1997)
378 NOTICE of Filing Dispositional documents pursuant to LR 16-160 and Court's Order dated 7/29/97 by dfts (ndd) (Entered: 08/12/1997)
379 PROOF OF SERVICE by dfts of [378-1] (ndd) (Entered: 08/13/1997)
380 ORDER by Chief Judge William B. Shubb ORDERING if possible, the proposed form of notice shall be agreed upon by all parties; if not possible, the parties file separate proposed forms of notice, and simultaneously file objections to forms of notices proposed by any other party (cc: all counsel) (ljr) (Entered: 08/15/1997)
381 JOINT SUBMISSION by pltf, and dft of the parties re notice to the pltf class and subclass of proposed settlement agreement (ljr) (Entered: 09/04/1997)
LODGED order re notice to pltf class and subclass of proposed setlement agreement by plaintiff, defendant (ljr) (Entered: 09/04/1997)
382 NOTICE: to all members of the Plaintiff Class and Subclass of proposed settlement from Pat Sandlin for Jack L Wagner in-court hearing set for 1:30pm on 12/15/97 in Courtroom Number 2 to decide whether to approve the settlement agreement the deadline for objecting to the settlement agreement is 11/3/97; objections must be postmarked no later than 11/3/97 to be considered by the Court (ch) (Entered: 09/09/1997)
383 ORDER by Chief Judge William B. Shubb ORDERING that notice of the proposed settlement in this case shall be given to the members of the plaintiff class and subclass; dfts shall make this order, the attached notice and copies of the Settlement Agreement available to the class and subclass members by 9/9/97 and through 12/15/97; any member of the pltf class or subclass wishing to file written objections to the Settlement Agreement shall mark the envelope "Re: Settlement Agreement in Shumate v Wilson" and mail the objections to the Court; objections must be post marked by 11/3/97; copies of all written objections shall be made available to counsel for the parties at the Clerk's office on 11/10/97; counsel may file briefs responding to any objections by 11/24/97 in-court hearing set for 1:30pm on 12/15/97 in Courtroom No 2 to determine whether to approve the Settlement Agreement (cc: all counsel) (ch) (Entered: 09/09/1997)
384 NOTICE OF MOTION AND MOTION for approval of proposed settlement by plaintiff ; hearing not noticed (kdc) (Entered: 11/25/1997)
385 MEMORANDUM by plaintiffs in support of motion for approval of proposed settlement [384-1] (kdc) (Entered: 11/25/1997)

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11/24/1997 12/04/1997 12/15/1997 12/15/1997 12/17/1997 12/17/1997 12/22/1997
12/22/1997 12/29/1999 01/07/2000
01/10/2000 01/24/2000 01/26/2000

386 FEE DECLARATIONS of pltfs' counsel in support of motion for approval of settlement [384-1] (kdc) (Entered: 11/25/1997)
387 AMENDED MOTION (terminating original motion) for approval of proposed settlement by pltf Charisse Shumate and pltf Subclass re HIV Confidentiality Claims ; Motion Hearing Set for 1:30 12/15/97 (old) (Entered: 12/08/1997)
388 MINUTES before Chief Judge William B. Shubb motion for approval of proposed settlement by pltf Charisse Shumate and pltf Subclass re HIV Confidentiality Claims [387-1] SUBMITTED; order to be prepared by court; C/R Kelly O'Halloran (old) (Entered: 12/16/1997)
389 NOTICE by dfts Wilson, Sandoval, Maddock, Dezember, Covington, Farmon, Tur, Poole, Choo and Brown regarding compliance with court's order re notice to pltf class and subclass of proposed settlement [383-2] (old) (Entered: 12/16/1997)
390 PLTS' CORRECTED MEMORANDUM in support of Motion for approval of proposed settlement [384-1] (ndd) (Entered: 12/18/1997)
391 LETTER to court from counsel for plaintiffs re corrected verson of pltfs' memorandum in support of motion for approval of proposed settlement (changes made were the first full paragraph on page 23) [390-1] (ljr) (Entered: 12/18/1997)
392 ORDER by Chief Judge William B. Shubb ORDERING motion for approval of proposed settlement by pltf Charisse Shumate and pltf Subclass re HIV Confidentiality Claims [387-1] GRANTED; pltf's motion to conditionally dismiss the case consistent with the settlement agreement be, and the same hereby is, GRANTED; CASE DISMISSED (cc: all counsel) (old) (Entered: 12/22/1997)
393 LETTER to court from Beatrice Smith-Dyer re conditions at prison (old) (Entered: 12/22/1997)
LODGED dfts request for unconditional dismissal pursuant to terms of stipulated settlement agreement and rule 41(a)(1) of the FRCP and order thereon (mll) (Entered: 12/29/1999)
394 ORDER by Chief Judge William B. Shubb ORDERING request for unconditional dismissal filed 12/29/99 [0-0] HEARING SET FOR 9:00 1/31/00; pltfs shall file and serve any papers in opposition to the request by 1/24/00; if no opposition a statement of non-opposition should be filed (cc: all counsel) (ch) (Entered: 01/07/2000)
395 LETTER to court from counsel for plaintiff advising court that plts will oppose dfts 12/29/99 request for an unconditional dismissal (mll) (Entered: 01/11/2000)
396 RESPONSE by plaintiffs' to dfts' request for unconditional dismissal (old) (Entered: 01/25/2000)
397 NOTICE of filing of pltfs' corrected response to dfts' request for

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01/31/2000
02/03/2000
02/04/2000 02/24/2000 07/31/2000
07/31/2000 07/31/2000 07/31/2000
07/31/2000 07/31/2000 07/31/2000 08/03/2000 08/08/2000

unconditional dismissal by plaintiff (ch) (Entered: 01/27/2000)
398 MINUTES of 1/31/00 before Chief Judge William B. Shubb re request for unconditional dismissal [0-0]; order to be prepared by court; court gives pltf's 6 months to restore this case C/R Kelly O'Halloran (ch) (Entered: 02/01/2000)
399 ORDER by Chief Judge William B. Shubb ORDERING that the court wil wait until 7/31/00; if pltfs have not petitioned to restore the case to the active trial calendar by then, the court will on its own motion vacate and set aside the settlement agreement and reset this matter for trial on the merits; alternatively, of course, the parties are free to present to the court a stipulation for dismissal (cc: all counsel) (old) (Entered: 02/03/2000)
LODGED Document lodged request for unconditional dismissal [0-0] VACATED; not to be signed (old) (Entered: 02/04/2000)
400 TRANSCRIPT of 1/31/00 hearing on motion to dismiss by C/R K O'Halloran (as) (Entered: 02/25/2000)
401 NOTICE OF MOTION AND MOTION for continuance of time to determine whether to request restoration to the trial docket and for reopening discovery by plaintiff subclass motion TO BE HEARD by Chief Judge William B. Shubb ; Motion Hearing Set For 10/16/00 at 1:30 pm (old) (Entered: 08/01/2000)
402 MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff in support of motion for continuance [401-1] (old) (Entered: 08/01/2000)
LODGED proposed order granting continuance by plaintiff subclass (old) (Entered: 08/01/2000)
403 MOTION for partial restoration to the trial docket reopening of discovery and other relief by plaintiff subclass motion TO BE HEARD by Chief Judge William B. Shubb; Motion Hearing Set For 10/16/00 at 1:30pm (old) (Entered: 08/01/2000)
404 NOTICE of Motion by plaintiff subclass regarding motion for partial restoration [403-1] (old) (Entered: 08/01/2000)
405 MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff in support of motion for partial restoration [403-1] (old) (Entered: 08/01/2000)
406 PROOF OF SERVICE by plaintiff subclass of motion for restoration and motion for continuance (old) (Entered: 08/01/2000)
407 NOTICE OF MOTION AND MOTION for restitution of attorneys' fees by defendants Motion Hearing SET for 1:00 9/25/00; memo of points and authorities in support thereof (old) (Entered: 08/04/2000)
408 ORDER by Chief Judge William B. Shubb ORDERING motion for partial restoration to the trial docket reopening of discovery and other

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08/08/2000
08/15/2000 08/17/2000 08/22/2000 08/22/2000 08/23/2000

relief by plaintiff subclass [403-1] DENIED, motion for continuance of time to determine whether to request restoration to the trial docket and for reopening discovery by plaintiff subclass [401-1] DENIED; Pursuant to this court's order of 2/3/00 the Settlement Agreement is hereby VACATED AND SET ASIDE; trial set for 9:00 10/17/00 pretrial order [289-1] remains in effect; Within 10 days from the file-stamped date of this order dfts shall notify the court as to whether inlight of this order dfts intend to modify their pending Motion for Restoration of Attorney's Fees; Case REOPENED (cc: all counsel) (pb) (Entered: 08/08/2000)
409 SUBSTITUTION OF ATTORNEY John M Appelbaum replacing attorney Ismael A Castro for Pete Wilson, attorney Ismael A Castro for James Gomez, attorney Ismael A Castro for Kyle S McKinsey, attorney Ismael A Castro for Teena Farmon, attorney Ismael A Castro for Kenneth Follett, attorney Ismael A Castro for Susan E Poole, attorney Ismael A Castro for Nadim Khoury, attorney Ismael A Castro for Russell - Gould, attorney Ismael A Castro for Gwendolyn Dennard adding attorney Appelbaum (old) (Entered: 08/09/2000)
410 REQUEST for rescheduling oral argument by plaintiffs (pb) (Entered: 08/16/2000)
LODGED Stip of dismissal with prejudice and proposed order thereon (old) (Entered: 08/18/2000)
LODGED Document: 08/17/00 stip of dismissal with prejudice NOT TO BE USED; Order to be issued by Court (ar) (Entered: 08/22/2000)
411 ORDER OF DISMISSAL by Chief Judge William B. Shubb ORDERING this action is hereby DISMISSED; CASE DISMISSED pursuant to 41(a)(1)(ii) (cc: all counsel) (ar) (Entered: 08/22/2000)
LODGED Stipulation of dismissal with prejudice and proposed order thereon (old) (Entered: 08/25/2000)

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