Case: Sims v. California Department of Corrections & Rehabilitation

California state appellate court

Sims v. Department of Corrections

California state appellate court

Case Filed - No additional case information is available.

HEARING CONFIRMED FOR: 12/23/2010 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D01

HEARING CONFIRMED FOR: 11/12/2010 AT: 08:30 AM FOR APPEARANCE TYPE: OSCH IN DEPARTMENT: D01

HEARING CONFIRMED FOR: 10/13/2010 AT: 08:30 AM FOR APPEARANCE TYPE: OSCH IN DEPARTMENT: D01

SUMMONS ISSUED AND FILED

COMPLAINT/FIRST PAPER DEDLARATORY RELIEF; INJUNCTIVE RELIEF

DEFT COMPLETE NAME IS AS FOLLOWS: MATTHEW CATE, SECRETARY OF THE CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATION

FILING FEE PROCESSED: PLTF, MITCHELL SIMS - 355.00

CASE OPEN / ACTIVE STATUS HON. VERNA A. ADAMS

APPEARANCE DROPPED FOR 10/13/2010 AT: 08:30 AM FOR APPEARANCE TYPE: OSCH IN DEPARTMENT: D01DROP REASON: PROOF OF SERVICE FILED.

PROOF OF SERVICE FILED, AS TO: DEFT, CATE, MATTHEW; BY PERSONAL SERVICE ON 8-3-10.

PROOF OF SERVICE FILED, AS TO: DEFT, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; BYPERSONAL SERVICE ON 8-3-10.

APPEARANCE DROPPED FOR 11/12/2010 AT: 08:30 AM FOR APPEARANCE TYPE: OSCH IN DEPARTMENT: D01DROP REASON: GENERAL DENIAL FILED

FILING FEE WAIVED- GOVERNMENTAL AGENCY DEFT, CATE, MATTHEW

ANSWER DEFT, CATE, MATTHEW (GENERAL DENIAL)

FILING FEE WAIVED- GOVERNMENTAL AGENCY DEFT, CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATION

ANSWER DEFT, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (GENERAL DENIAL)

NOTICE OF RELATED CASE (CV#061436) FILED BY ATTY. JAN B. NORMAN OBO INTV. (1A)NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL FILED BY ATTY. SARA J. EISENBERG OBO PLTF;SUBSTITUTES ATTY. KENNETH G. HAUSMAN IN PLACE OF ATTY. BLAKE J. LAWITMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER ELAINE NINKOVICH , DEP CLK JULIE WITHEYATTORNEY SARA J. EISENBERG AND KENNETH HAUSMAN APPEARED FOR PLAINTIFF MITCHELL SIMSATTORNEY JAN NORMAN AND JOHN R. GRELE APPEARED FOR INTERVENOR ALBERT GREENWOOD BROWNATTORNEY JAY M. GOLDMAN APPEARED FOR DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATION AND MATTHEW CATEEX PARTE MINUTE ORDER : MATTER COMES BEFORE THE COURT ON PLAINITFF'S SIMS' AND INTERVENORBROWN'S EX PARTE APPLICATIONS FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE:PRELIMINARY INJUNCTIONMOTION(S) HEARD AND ARGUED.MATTER SUBMITTEDIT IS ORDERED: PLAINTIFF SIMS' APPLICATION FOR A TEMPORARY RESTRAINING ORDER IS DENIED. THE COURTSETS THE PRELIMINARY INJUNCTION MATTER FOR HEARING ON THE LAW AND MOTION CALENDAR FOR 10-12-10@ 8:30 A.M. IN DEPARTMENT J.BY STIPULATION, INTERVENOR BROWN'S REQUEST FOR JUDICIAL NOTICE IS GRANTED.

FILING FEE PROCESSED: INTV (1A), ALBERT BROWN - 355.00NOTICE OF RELATED CASE (CV#061436) FILED BY ATTY. JAN B. NORMAN OBO INTV. (1A)NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL FILED BY ATTY. SARA J. EISENBERG OBO PLTF;SUBSTITUTES ATTY. KENNETH G. HAUSMAN IN PLACE OF ATTY. BLAKE J. LAWITMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER ELAINE NINKOVICH , DEP CLK JULIE WITHEYATTORNEY SARA J. EISENBERG AND KENNETH HAUSMAN APPEARED FOR PLAINTIFF MITCHELL SIMSATTORNEY JAN NORMAN AND JOHN R. GRELE APPEARED FOR INTERVENOR ALBERT GREENWOOD BROWNATTORNEY JAY M. GOLDMAN APPEARED FOR DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATION AND MATTHEW CATEEX PARTE MINUTE ORDER : MATTER COMES BEFORE THE COURT ON PLAINITFF'S SIMS' AND INTERVENORBROWN'S EX PARTE APPLICATIONS FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE:PRELIMINARY INJUNCTIONMOTION(S) HEARD AND ARGUED.MATTER SUBMITTEDIT IS ORDERED: PLAINTIFF SIMS' APPLICATION FOR A TEMPORARY RESTRAINING ORDER IS DENIED. THE COURTSETS THE PRELIMINARY INJUNCTION MATTER FOR HEARING ON THE LAW AND MOTION CALENDAR FOR 10-12-10@ 8:30 A.M. IN DEPARTMENT J.BY STIPULATION, INTERVENOR BROWN'S REQUEST FOR JUDICIAL NOTICE IS GRANTED.

INTERVENOR FILED (1A) BY ATTY. JAN B. NORMAN OBO INTV. ALBERT GREENWOOD BROWN (AGAINSTCALIFORNIA DEPT OF CORRECTIONS AND REHABILITATION AND MATTHEW CATE)FILING FEE PROCESSED: INTV (1A), ALBERT BROWN - 355.00NOTICE OF RELATED CASE (CV#061436) FILED BY ATTY. JAN B. NORMAN OBO INTV. (1A)NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL FILED BY ATTY. SARA J. EISENBERG OBO PLTF;SUBSTITUTES ATTY. KENNETH G. HAUSMAN IN PLACE OF ATTY. BLAKE J. LAWITMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER ELAINE NINKOVICH , DEP CLK JULIE WITHEYATTORNEY SARA J. EISENBERG AND KENNETH HAUSMAN APPEARED FOR PLAINTIFF MITCHELL SIMSATTORNEY JAN NORMAN AND JOHN R. GRELE APPEARED FOR INTERVENOR ALBERT GREENWOOD BROWNATTORNEY JAY M. GOLDMAN APPEARED FOR DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATION AND MATTHEW CATEEX PARTE MINUTE ORDER : MATTER COMES BEFORE THE COURT ON PLAINITFF'S SIMS' AND INTERVENORBROWN'S EX PARTE APPLICATIONS FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE:PRELIMINARY INJUNCTIONMOTION(S) HEARD AND ARGUED.MATTER SUBMITTEDIT IS ORDERED: PLAINTIFF SIMS' APPLICATION FOR A TEMPORARY RESTRAINING ORDER IS DENIED. THE COURTSETS THE PRELIMINARY INJUNCTION MATTER FOR HEARING ON THE LAW AND MOTION CALENDAR FOR 10-12-10@ 8:30 A.M. IN DEPARTMENT J.BY STIPULATION, INTERVENOR BROWN'S REQUEST FOR JUDICIAL NOTICE IS GRANTED.

IT IS ORDERED: THAT THE APPLICATION FOR LEAVE TO INTERVENE FILED BY PLTF/INTERVENER ALBERTGREENWOOD BROWN IS GRANTED AND THAT ALBERT GREENWOOD BROWN IS AUTHORIZED TO INTERVENEAND JOIN PLTFS IN CLAIMING THAT A DECLARATORY JUDGMENT SHOULD ISSUE AND THAT THE EXECUTIONPROTOCOL IS INVALID AND MAY NOT BE UTILIZED OR ENFORCED BY DEFTS OR THEIR AGENTS; ADECLARATORY JUDGMENT SHOULD ISSUE THAT NEITHER THE EXECUTION PROTOCOL, NOR ANY OTHERREGULATIONS GOVERNING EXECUTIONS IN THE STATE OF CA, MAY BE ISSUED, UTILIZED OR ENFORCEDUNLESS AND UNTIL DEFTS HAVE COMPLIED IN ALL RESPECTS WITH THE ADMINISTRATIVE PROCEDURE ACT;PLTF IN INTEREVENTION SHOULD BE AWARDED REASONABLE ATTY'S FEES, COSTS OF SUIT, AND SUCHFURTHER RELIEF AS COURT DEEMS JUST; FURTHER THAT PLTF/ INTERVENER SHALL FILE THE COMPLAINT ININTERVENTION AND SERVE UPON COUNSEL FOR THE DEFTS A COPY. (SEE FILE FOR DETAILS) JUDGE VERNA A.ADAMSINTERVENOR FILED (1A) BY ATTY. JAN B. NORMAN OBO INTV. ALBERT GREENWOOD BROWN (AGAINSTCALIFORNIA DEPT OF CORRECTIONS AND REHABILITATION AND MATTHEW CATE)FILING FEE PROCESSED: INTV (1A), ALBERT BROWN - 355.00NOTICE OF RELATED CASE (CV#061436) FILED BY ATTY. JAN B. NORMAN OBO INTV. (1A)NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL FILED BY ATTY. SARA J. EISENBERG OBO PLTF;SUBSTITUTES ATTY. KENNETH G. HAUSMAN IN PLACE OF ATTY. BLAKE J. LAWITMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER ELAINE NINKOVICH , DEP CLK JULIE WITHEYATTORNEY SARA J. EISENBERG AND KENNETH HAUSMAN APPEARED FOR PLAINTIFF MITCHELL SIMSATTORNEY JAN NORMAN AND JOHN R. GRELE APPEARED FOR INTERVENOR ALBERT GREENWOOD BROWNATTORNEY JAY M. GOLDMAN APPEARED FOR DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATION AND MATTHEW CATEEX PARTE MINUTE ORDER : MATTER COMES BEFORE THE COURT ON PLAINITFF'S SIMS' AND INTERVENORBROWN'S EX PARTE APPLICATIONS FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE:PRELIMINARY INJUNCTIONMOTION(S) HEARD AND ARGUED.MATTER SUBMITTEDIT IS ORDERED: PLAINTIFF SIMS' APPLICATION FOR A TEMPORARY RESTRAINING ORDER IS DENIED. THE COURTSETS THE PRELIMINARY INJUNCTION MATTER FOR HEARING ON THE LAW AND MOTION CALENDAR FOR 10-12-10@ 8:30 A.M. IN DEPARTMENT J.BY STIPULATION, INTERVENOR BROWN'S REQUEST FOR JUDICIAL NOTICE IS GRANTED.

MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER AARON ELLINGTON , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFF MITCHELL SIMSATTORNEY JAY GOLDMAN APPEARED FOR STATE OF CALIFORNIAATTORNEY JAN B. NORMAN APPEARED FOR PLAINTIFF/INTERVENOR ALBERT GREENWOOD BROWNHEARING BEFORE TRIALEX PARTE MINUTE ORDERMATTER COMES BEFORE THE COURT ON AN EX PARTE APPLICATION SUBMITTED ON BEHALF OF PLAINTIFFMITCHELL SIMS FOR ORDER TO EXTEND PAGE LIMITS AND TO SHORTEN TIME TO HEAR PLAINTIFF'S MOTIONFOR PRELIMINARY INJUNCTION.MATTER ALSO COMES BEFORE THE COURT ON PLAINTIFF/INTERVENER ALBERT GREENWOOD BROWN EXPARTE APPLICAITON FOR TEMPORARY RESTRAINING ORDER AND OSC RE PRELIMINARY INJUNCTION AND EXPARTE APPLICATION FOR LEAVE TO INTERVENE IN THIS CASE AND IN CV061436. (RELATED MATTER)MR. GOLDMAN HAS NO OBJECTION TO THE EX PARTE REQUEST FOR PLAINTIFF/INTERVENOR ALBERTGREENWOOD BROWN'S REQUEST TO INTERVENE ON THIS CASE.IT IS ORDERED: PLAINTIFF/INTERVENER ALBERT GREENWOOD BROWN'S REQUEST TO INTERVENE IS GRANTED.EX PARTE REQUESTS FOR A TEMPORARY RESTRAINING ORDER AND OSC ARE HEARD AND ARGUED.MR GOLDMAN INDICATES THAT THEY FULLY INTEND ON COMPLYING WITH THE CURRENT COURT ORDER.IT IS ORDERED: PLAINTIFF MITCHELL SIMS AND PLAINTIFF/INTERVENER ALBERT GREENWOOD BROWNSREQUEST FOR TEMPORARY RESTRAINING ORDER AND OSC IS DENIED.ENTERED BY: VJ

NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL FILED BY ATTY. SARA J. EISENBERG OBO PLTF;SUBSTITUTES ATTY. KENNETH G. HAUSMAN IN PLACE OF ATTY. BLAKE J. LAWITMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER ELAINE NINKOVICH , DEP CLK JULIE WITHEYATTORNEY SARA J. EISENBERG AND KENNETH HAUSMAN APPEARED FOR PLAINTIFF MITCHELL SIMSATTORNEY JAN NORMAN AND JOHN R. GRELE APPEARED FOR INTERVENOR ALBERT GREENWOOD BROWNATTORNEY JAY M. GOLDMAN APPEARED FOR DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATION AND MATTHEW CATEEX PARTE MINUTE ORDER : MATTER COMES BEFORE THE COURT ON PLAINITFF'S SIMS' AND INTERVENORBROWN'S EX PARTE APPLICATIONS FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE:PRELIMINARY INJUNCTIONMOTION(S) HEARD AND ARGUED.MATTER SUBMITTEDIT IS ORDERED: PLAINTIFF SIMS' APPLICATION FOR A TEMPORARY RESTRAINING ORDER IS DENIED. THE COURTSETS THE PRELIMINARY INJUNCTION MATTER FOR HEARING ON THE LAW AND MOTION CALENDAR FOR 10-12-10@ 8:30 A.M. IN DEPARTMENT J.BY STIPULATION, INTERVENOR BROWN'S REQUEST FOR JUDICIAL NOTICE IS GRANTED.

by attorney Sara J. Eisenberg for Mitchell Sims and attorney Jan B. Norman for Albert Greenwood Brown Jr. (plaintiffs); notice of appeal filed in the superior court on 09/27/2010

designation included in notice of appeal

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IT IS ORDERED: ORDER ON MEDIA REQUEST TO PERMIT COVERAGE GRANTED AND FILED IN OPEN COURTAPPEARANCE DROPPED FOR 10/12/2010 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D01DROP REASON: PER NOTICE FILED 10/6/10 BY ATTY KENNETH HAUSMAN FOR PLTFANSWER OTHR, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (GENERAL DENIAL)FILING FEE WAIVED- GOVERNMENTAL AGENCY OTHR, CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATIONANSWER OTHR, MATTHEW CATE (1A) (GENERAL DENIAL)FILING FEE WAIVED- GOVERNMENTAL AGENCY OTHR, MATTHEW CATE (1A)NOTICE FROM COURT OF APPEAL: APPELLANT HAVING FILED A REQUEST FOR DISMISSAL IN THIS COURT, THEAPPEAL IS DISMISSED. REMITTITUR NOT YET ISSUED.REPORTER'S FEE FOR TRANSCRIPTS IN THE AMOUNT OF $283.00 AND THE REFUND OF $42.00 TO DEPOSITORFREEWHEELIN ATTY SERVICE IS COMPLETEDREPORTER FEES FOR TRANSCRIPTS IN THE AMOUNT OF $76 IS COMPLETEDCASE REASSIGNED TO JUDGE HON. FAYE D'OPALREMITTITUR FILED. RESPONDENT TO RECOVER COSTS. APPELLANT HAVING FILED A REQUEST FOR DISMISSALIN THIS COURT, THE APPEAL IS DISMISSED.MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

NOTICE OF APPEAL FILED BY PLAINTIFF MITCHEL SIMMS FROM THE MINUTE ORDER DATED 9-27-10. $100/655.(THERE WAS NO SIGNED ORDER.)IT IS ORDERED: ORDER ON MEDIA REQUEST TO PERMIT COVERAGE GRANTED AND FILED IN OPEN COURTAPPEARANCE DROPPED FOR 10/12/2010 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D01DROP REASON: PER NOTICE FILED 10/6/10 BY ATTY KENNETH HAUSMAN FOR PLTFANSWER OTHR, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (GENERAL DENIAL)FILING FEE WAIVED- GOVERNMENTAL AGENCY OTHR, CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATIONANSWER OTHR, MATTHEW CATE (1A) (GENERAL DENIAL)FILING FEE WAIVED- GOVERNMENTAL AGENCY OTHR, MATTHEW CATE (1A)NOTICE FROM COURT OF APPEAL: APPELLANT HAVING FILED A REQUEST FOR DISMISSAL IN THIS COURT, THEAPPEAL IS DISMISSED. REMITTITUR NOT YET ISSUED.REPORTER'S FEE FOR TRANSCRIPTS IN THE AMOUNT OF $283.00 AND THE REFUND OF $42.00 TO DEPOSITORFREEWHEELIN ATTY SERVICE IS COMPLETEDREPORTER FEES FOR TRANSCRIPTS IN THE AMOUNT OF $76 IS COMPLETEDCASE REASSIGNED TO JUDGE HON. FAYE D'OPALREMITTITUR FILED. RESPONDENT TO RECOVER COSTS. APPELLANT HAVING FILED A REQUEST FOR DISMISSALIN THIS COURT, THE APPEAL IS DISMISSED.MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER ELAINE NINKOVICH , DEP CLK JULIE WITHEYATTORNEY SARA J. EISENBERG AND KENNETH HAUSMAN APPEARED FOR PLAINTIFF MITCHELL SIMSATTORNEY JAN NORMAN AND JOHN R. GRELE APPEARED FOR INTERVENOR ALBERT GREENWOOD BROWNATTORNEY JAY M. GOLDMAN APPEARED FOR DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATION AND MATTHEW CATEEX PARTE MINUTE ORDER : MATTER COMES BEFORE THE COURT ON PLAINITFF'S SIMS' AND INTERVENORBROWN'S EX PARTE APPLICATIONS FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE:PRELIMINARY INJUNCTIONMOTION(S) HEARD AND ARGUED.MATTER SUBMITTEDIT IS ORDERED: PLAINTIFF SIMS' APPLICATION FOR A TEMPORARY RESTRAINING ORDER IS DENIED. THE COURTSETS THE PRELIMINARY INJUNCTION MATTER FOR HEARING ON THE LAW AND MOTION CALENDAR FOR 10-12-10@ 8:30 A.M. IN DEPARTMENT J.BY STIPULATION, INTERVENOR BROWN'S REQUEST FOR JUDICIAL NOTICE IS GRANTED.IT IS FURTHER ORDERED: APPLICATION FOR A TEMPORARY RESTRAINING ORDER BY INTERVENOR ALBERTGREENWOOD BROWN IS DENIED. NEITHER INTERVENOR'S COUNSEL NOR DEFENDANT REQUEST A HEARINGDATE FOR PRELIMINARY INJUNCTION.HEARING BEFORE TRIALHEARING CONFIRMED FOR: 10/12/2010 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D01ENTERED BY: JW

Motion for Stay.

Opposition to Motion for Stay Pending Appeal due by 12 noon on 9-29-10; Reply due by 3pm on 9-29-10

Respondent's Opposition to Motion for Stay Pending Appeal

Respondent's Supplemental Exhibits in Support of Opposition to Motion for Stay Pending Appeal (one volume)

nan

Appellant's Reply in Support of Motion for Stay Pending Appeal

Appellant's Motion for Voluntary Dismissal of Motion for Stay Pending Appeal

Appellants are appealing from the trial court's denial of their application for a temporary restraining order, challenging newly adopted lethal injection execution regulations and, in conjunction with that appeal, filed a "motion for stay pending appeal" on September 28, 2010. On September 29, 2010, appellants then filed a motion for voluntary dismissal of the motion for stay pending appeal. Pursuant to appellants request, the motion for stay is dismissed.

appellant's notice designating reporter's transcript on appeal; designation filed in the superior court on 09/28/2010

Motion to stay, opposition, and exhibits in box

APPEARANCE DROPPED FOR 10/12/2010 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D01DROP REASON: PER NOTICE FILED 10/6/10 BY ATTY KENNETH HAUSMAN FOR PLTFANSWER OTHR, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (GENERAL DENIAL)FILING FEE WAIVED- GOVERNMENTAL AGENCY OTHR, CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATIONANSWER OTHR, MATTHEW CATE (1A) (GENERAL DENIAL)FILING FEE WAIVED- GOVERNMENTAL AGENCY OTHR, MATTHEW CATE (1A)NOTICE FROM COURT OF APPEAL: APPELLANT HAVING FILED A REQUEST FOR DISMISSAL IN THIS COURT, THEAPPEAL IS DISMISSED. REMITTITUR NOT YET ISSUED.REPORTER'S FEE FOR TRANSCRIPTS IN THE AMOUNT OF $283.00 AND THE REFUND OF $42.00 TO DEPOSITORFREEWHEELIN ATTY SERVICE IS COMPLETEDREPORTER FEES FOR TRANSCRIPTS IN THE AMOUNT OF $76 IS COMPLETEDCASE REASSIGNED TO JUDGE HON. FAYE D'OPALREMITTITUR FILED. RESPONDENT TO RECOVER COSTS. APPELLANT HAVING FILED A REQUEST FOR DISMISSALIN THIS COURT, THE APPEAL IS DISMISSED.MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

FILING FEE WAIVED- GOVERNMENTAL AGENCY OTHR, MATTHEW CATE (1A)NOTICE FROM COURT OF APPEAL: APPELLANT HAVING FILED A REQUEST FOR DISMISSAL IN THIS COURT, THEAPPEAL IS DISMISSED. REMITTITUR NOT YET ISSUED.REPORTER'S FEE FOR TRANSCRIPTS IN THE AMOUNT OF $283.00 AND THE REFUND OF $42.00 TO DEPOSITORFREEWHEELIN ATTY SERVICE IS COMPLETEDREPORTER FEES FOR TRANSCRIPTS IN THE AMOUNT OF $76 IS COMPLETEDCASE REASSIGNED TO JUDGE HON. FAYE D'OPALREMITTITUR FILED. RESPONDENT TO RECOVER COSTS. APPELLANT HAVING FILED A REQUEST FOR DISMISSALIN THIS COURT, THE APPEAL IS DISMISSED.MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

ANSWER OTHR, MATTHEW CATE (1A) (GENERAL DENIAL)FILING FEE WAIVED- GOVERNMENTAL AGENCY OTHR, MATTHEW CATE (1A)NOTICE FROM COURT OF APPEAL: APPELLANT HAVING FILED A REQUEST FOR DISMISSAL IN THIS COURT, THEAPPEAL IS DISMISSED. REMITTITUR NOT YET ISSUED.REPORTER'S FEE FOR TRANSCRIPTS IN THE AMOUNT OF $283.00 AND THE REFUND OF $42.00 TO DEPOSITORFREEWHEELIN ATTY SERVICE IS COMPLETEDREPORTER FEES FOR TRANSCRIPTS IN THE AMOUNT OF $76 IS COMPLETEDCASE REASSIGNED TO JUDGE HON. FAYE D'OPALREMITTITUR FILED. RESPONDENT TO RECOVER COSTS. APPELLANT HAVING FILED A REQUEST FOR DISMISSALIN THIS COURT, THE APPEAL IS DISMISSED.MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

FILING FEE WAIVED- GOVERNMENTAL AGENCY OTHR, CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATIONANSWER OTHR, MATTHEW CATE (1A) (GENERAL DENIAL)FILING FEE WAIVED- GOVERNMENTAL AGENCY OTHR, MATTHEW CATE (1A)NOTICE FROM COURT OF APPEAL: APPELLANT HAVING FILED A REQUEST FOR DISMISSAL IN THIS COURT, THEAPPEAL IS DISMISSED. REMITTITUR NOT YET ISSUED.REPORTER'S FEE FOR TRANSCRIPTS IN THE AMOUNT OF $283.00 AND THE REFUND OF $42.00 TO DEPOSITORFREEWHEELIN ATTY SERVICE IS COMPLETEDREPORTER FEES FOR TRANSCRIPTS IN THE AMOUNT OF $76 IS COMPLETEDCASE REASSIGNED TO JUDGE HON. FAYE D'OPALREMITTITUR FILED. RESPONDENT TO RECOVER COSTS. APPELLANT HAVING FILED A REQUEST FOR DISMISSALIN THIS COURT, THE APPEAL IS DISMISSED.MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

ANSWER OTHR, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (GENERAL DENIAL)FILING FEE WAIVED- GOVERNMENTAL AGENCY OTHR, CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATIONANSWER OTHR, MATTHEW CATE (1A) (GENERAL DENIAL)FILING FEE WAIVED- GOVERNMENTAL AGENCY OTHR, MATTHEW CATE (1A)NOTICE FROM COURT OF APPEAL: APPELLANT HAVING FILED A REQUEST FOR DISMISSAL IN THIS COURT, THEAPPEAL IS DISMISSED. REMITTITUR NOT YET ISSUED.REPORTER'S FEE FOR TRANSCRIPTS IN THE AMOUNT OF $283.00 AND THE REFUND OF $42.00 TO DEPOSITORFREEWHEELIN ATTY SERVICE IS COMPLETEDREPORTER FEES FOR TRANSCRIPTS IN THE AMOUNT OF $76 IS COMPLETEDCASE REASSIGNED TO JUDGE HON. FAYE D'OPALREMITTITUR FILED. RESPONDENT TO RECOVER COSTS. APPELLANT HAVING FILED A REQUEST FOR DISMISSALIN THIS COURT, THE APPEAL IS DISMISSED.MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

NOTICE FROM COURT OF APPEAL: APPELLANT HAVING FILED A REQUEST FOR DISMISSAL IN THIS COURT, THEAPPEAL IS DISMISSED. REMITTITUR NOT YET ISSUED.REPORTER'S FEE FOR TRANSCRIPTS IN THE AMOUNT OF $283.00 AND THE REFUND OF $42.00 TO DEPOSITORFREEWHEELIN ATTY SERVICE IS COMPLETEDREPORTER FEES FOR TRANSCRIPTS IN THE AMOUNT OF $76 IS COMPLETEDCASE REASSIGNED TO JUDGE HON. FAYE D'OPALREMITTITUR FILED. RESPONDENT TO RECOVER COSTS. APPELLANT HAVING FILED A REQUEST FOR DISMISSALIN THIS COURT, THE APPEAL IS DISMISSED.MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

REPORTER FEES FOR TRANSCRIPTS IN THE AMOUNT OF $76 IS COMPLETEDCASE REASSIGNED TO JUDGE HON. FAYE D'OPALREMITTITUR FILED. RESPONDENT TO RECOVER COSTS. APPELLANT HAVING FILED A REQUEST FOR DISMISSALIN THIS COURT, THE APPEAL IS DISMISSED.MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

REPORTER'S FEE FOR TRANSCRIPTS IN THE AMOUNT OF $283.00 AND THE REFUND OF $42.00 TO DEPOSITORFREEWHEELIN ATTY SERVICE IS COMPLETEDREPORTER FEES FOR TRANSCRIPTS IN THE AMOUNT OF $76 IS COMPLETEDCASE REASSIGNED TO JUDGE HON. FAYE D'OPALREMITTITUR FILED. RESPONDENT TO RECOVER COSTS. APPELLANT HAVING FILED A REQUEST FOR DISMISSALIN THIS COURT, THE APPEAL IS DISMISSED.MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

REMITTITUR FILED. RESPONDENT TO RECOVER COSTS. APPELLANT HAVING FILED A REQUEST FOR DISMISSALIN THIS COURT, THE APPEAL IS DISMISSED.MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

CASE REASSIGNED TO JUDGE HON. FAYE D'OPALREMITTITUR FILED. RESPONDENT TO RECOVER COSTS. APPELLANT HAVING FILED A REQUEST FOR DISMISSALIN THIS COURT, THE APPEAL IS DISMISSED.MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

MINUTE ORDER POSTED - Appearance: 12/23/2010 at 8:30AM for CASE MANAGEMENT CONFERENCEJUDGE/PROTEM/REFEREE VERNA A. ADAMS , REPORTER SUE FITZSIMMONS , DEP CLK VITA JOHANSONATTORNEY SARA EISENBERG AND MICHELLE YBARRA APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANT STATE OF CAHEARING BEFORE TRIALPARTIES AGREET TO A LONGER DISCOVERY TIME; PARTIES AGREE TO 04-30-2011 AS LONG AS THERE IS TIMEFOR A MOTION FOR SUMMARY JUDGMENTHEARING CONTINUED TO: 05/18/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 12/23/2010 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D01ENTERED BY: VJFILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

FILING FEE PROCESSED: INTV, KEVIN COOPER - 395.00HEARING CONFIRMED FOR: 05/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

IT IS ORDERED: PLTF. & DEFT. HEREBY AGREE BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THEDISCOVERY CUT-OFF DATE FOR THE ABOVE-CAPTIONED CASE WILL BE APRIL 30, 2011; PLTF. AND DEFTS.FURTHER AGREE, BY AND THROUGH THEIR RESPECTIVE COUNSEL, THAT THE LAST DAY FOR EITHER PARTY TOFILE A MOTION FOR SUMMARY JUDGMENT IN THE ABOVE-CAPTIONED CASE WILL BE MAY 31, 2011. JUDGE FAYED'OPALHEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

HEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

OPPOSITION/RESPONSE TO MOTION FILED BY ATTY. OBO DEFTS CA DEPT OF CORRECTIONS AND REHAB, TOLEAVE OF COURT TO INTERVENE (5/6/11)

APPEARANCE MOVED TO: 07/29/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04 MOVEREASON: TO 7/29/11 PER TERRY - BY AGREEMENT FROM DATE: 05/06/2011 FROM TIME: 08:30 AM FROMAPPEARANCE TYPE: LMCV FROM DEPARTMENT: D04NOTICE OF APPEARANCE AND SUBS OF COUNSEL FILED BY ATTY ATTY KENNETH G. HAUSMAN OBO PLTF. ATTYJAIME M. HULING DELAYE WILL BE APPEARING FOR PLTF.MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER CHRISTINE GILSON , DEP CLK J. CHARIFAATTORNEY SARA EISENBERG APPEARED FOR PLAINTIFF.ATTORNEY MICHAEL QUINN APPEARED FOR DEFENDANTS.COUNSEL REQUEST THAT LAW AND MOTION ON JULY 29, 2011 BE ADVANCE TO THE JUNE 10TH LAW ANDMOTION WERE TWO MOTIONS ARE CURRENTLY SET FOR THIS MATTER.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:CASE MANAGEMENT CONFERENCE CONTINUED TO JUNE 10, 2011 AT 8:30 A.M. IN DEPARTMENT E. COUNSELNEED NOT SUBMIT CASE MANAGEMENT CONFERENCE STATEMENTS.MOTIONS CURRENTLY SET ON JULY 29, 2011 IS ADVANCED TO JUNE 10, 2011 AT 8:30 A.M. IN DEPARTMENT E.APPEARANCE DROPPED FOR 07/29/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: ADVANCED TO JUNE 10, 2011HEARING CONTINUED TO: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 05/18/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: JCIT IS ORDERED: THAT HEARING IS MOVED TO 6/10/11; PLTF'S OPPOSITIONS TO THE MOTIONS SHOULD BE FILEDNO LATER THAN 5/27/11 AND DEFT'S REPLIES SHOULD BE FILED NO LATER THAN 6/3/11. JUDGE FAYE D'OPALSTIPULATION AND ORDER THAT THE LAST DAY FOR EITHER PARTY TO FILE A MOTION FOR SUMMARYJUDGMENT IN THE ABOVE CAPTIONED CASE WILL BE EXTENDED FROM 5/31/11 TO 7/31/11. JUDGE FAYE D'OPALFILEDCOPY OF STIPULATION AND ORDER RE SUMMARY JUDGMENT MOTION DEADLINE FILED 5-18-11 LACED IN WILLCALL UNDER "E" FOR ATTY. SARA J. EISENBERG, NO ENVELOPE PROVIDED.OPPOSITION/RESPONSE TO MOTION FILED BY ATTY OBO PLTF, TO DEFTS' ORDER QUASHING NOTICE OFDEPOSITION OF PERSON MOST KNOWLEDGEABLE AND TO STAY TAKING OF DEPOSITION (6/10/11)OPPOSITION/RESPONSE TO MOTION FILED BY COUNSEL FOR THE DEFTS, CALIF DEPT OF CORRECTIONS, ANDDEFT, CATE, TO THE MOTION TO COMPEL. (6/10/11)IT IS ORDERED: STIPULATION AND ORDER RE: PLTF. MITCHELL SIMS' MOTION TO COMPEL SEE FILE FORDETAILS. JUDGE FAYE D'OPALAPPEARANCE DROPPED FOR 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: OFF CALENDAR PER STIPULATION SIGNED BY FD ON 6/6/11HEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: CASE CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING BEFORE TRIALHEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: D.THAIIT IS ORDERED:

NOTICE OF APPEARANCE AND SUBS OF COUNSEL FILED BY ATTY ATTY KENNETH G. HAUSMAN OBO PLTF. ATTYJAIME M. HULING DELAYE WILL BE APPEARING FOR PLTF.MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER CHRISTINE GILSON , DEP CLK J. CHARIFAATTORNEY SARA EISENBERG APPEARED FOR PLAINTIFF.ATTORNEY MICHAEL QUINN APPEARED FOR DEFENDANTS.COUNSEL REQUEST THAT LAW AND MOTION ON JULY 29, 2011 BE ADVANCE TO THE JUNE 10TH LAW ANDMOTION WERE TWO MOTIONS ARE CURRENTLY SET FOR THIS MATTER.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:CASE MANAGEMENT CONFERENCE CONTINUED TO JUNE 10, 2011 AT 8:30 A.M. IN DEPARTMENT E. COUNSELNEED NOT SUBMIT CASE MANAGEMENT CONFERENCE STATEMENTS.MOTIONS CURRENTLY SET ON JULY 29, 2011 IS ADVANCED TO JUNE 10, 2011 AT 8:30 A.M. IN DEPARTMENT E.APPEARANCE DROPPED FOR 07/29/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: ADVANCED TO JUNE 10, 2011HEARING CONTINUED TO: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 05/18/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: JCIT IS ORDERED: THAT HEARING IS MOVED TO 6/10/11; PLTF'S OPPOSITIONS TO THE MOTIONS SHOULD BE FILEDNO LATER THAN 5/27/11 AND DEFT'S REPLIES SHOULD BE FILED NO LATER THAN 6/3/11. JUDGE FAYE D'OPALSTIPULATION AND ORDER THAT THE LAST DAY FOR EITHER PARTY TO FILE A MOTION FOR SUMMARYJUDGMENT IN THE ABOVE CAPTIONED CASE WILL BE EXTENDED FROM 5/31/11 TO 7/31/11. JUDGE FAYE D'OPALFILEDCOPY OF STIPULATION AND ORDER RE SUMMARY JUDGMENT MOTION DEADLINE FILED 5-18-11 LACED IN WILLCALL UNDER "E" FOR ATTY. SARA J. EISENBERG, NO ENVELOPE PROVIDED.OPPOSITION/RESPONSE TO MOTION FILED BY ATTY OBO PLTF, TO DEFTS' ORDER QUASHING NOTICE OFDEPOSITION OF PERSON MOST KNOWLEDGEABLE AND TO STAY TAKING OF DEPOSITION (6/10/11)OPPOSITION/RESPONSE TO MOTION FILED BY COUNSEL FOR THE DEFTS, CALIF DEPT OF CORRECTIONS, ANDDEFT, CATE, TO THE MOTION TO COMPEL. (6/10/11)IT IS ORDERED: STIPULATION AND ORDER RE: PLTF. MITCHELL SIMS' MOTION TO COMPEL SEE FILE FORDETAILS. JUDGE FAYE D'OPALAPPEARANCE DROPPED FOR 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: OFF CALENDAR PER STIPULATION SIGNED BY FD ON 6/6/11HEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: CASE CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING BEFORE TRIALHEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: D.THAIIT IS ORDERED:

STIPULATION AND ORDER THAT THE LAST DAY FOR EITHER PARTY TO FILE A MOTION FOR SUMMARYJUDGMENT IN THE ABOVE CAPTIONED CASE WILL BE EXTENDED FROM 5/31/11 TO 7/31/11. JUDGE FAYE D'OPALFILEDCOPY OF STIPULATION AND ORDER RE SUMMARY JUDGMENT MOTION DEADLINE FILED 5-18-11 LACED IN WILLCALL UNDER "E" FOR ATTY. SARA J. EISENBERG, NO ENVELOPE PROVIDED.OPPOSITION/RESPONSE TO MOTION FILED BY ATTY OBO PLTF, TO DEFTS' ORDER QUASHING NOTICE OFDEPOSITION OF PERSON MOST KNOWLEDGEABLE AND TO STAY TAKING OF DEPOSITION (6/10/11)OPPOSITION/RESPONSE TO MOTION FILED BY COUNSEL FOR THE DEFTS, CALIF DEPT OF CORRECTIONS, ANDDEFT, CATE, TO THE MOTION TO COMPEL. (6/10/11)IT IS ORDERED: STIPULATION AND ORDER RE: PLTF. MITCHELL SIMS' MOTION TO COMPEL SEE FILE FORDETAILS. JUDGE FAYE D'OPALAPPEARANCE DROPPED FOR 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: OFF CALENDAR PER STIPULATION SIGNED BY FD ON 6/6/11HEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: CASE CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING BEFORE TRIALHEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: D.THAIIT IS ORDERED:

IT IS ORDERED: THAT HEARING IS MOVED TO 6/10/11; PLTF'S OPPOSITIONS TO THE MOTIONS SHOULD BE FILEDNO LATER THAN 5/27/11 AND DEFT'S REPLIES SHOULD BE FILED NO LATER THAN 6/3/11. JUDGE FAYE D'OPALSTIPULATION AND ORDER THAT THE LAST DAY FOR EITHER PARTY TO FILE A MOTION FOR SUMMARYJUDGMENT IN THE ABOVE CAPTIONED CASE WILL BE EXTENDED FROM 5/31/11 TO 7/31/11. JUDGE FAYE D'OPALFILEDCOPY OF STIPULATION AND ORDER RE SUMMARY JUDGMENT MOTION DEADLINE FILED 5-18-11 LACED IN WILLCALL UNDER "E" FOR ATTY. SARA J. EISENBERG, NO ENVELOPE PROVIDED.OPPOSITION/RESPONSE TO MOTION FILED BY ATTY OBO PLTF, TO DEFTS' ORDER QUASHING NOTICE OFDEPOSITION OF PERSON MOST KNOWLEDGEABLE AND TO STAY TAKING OF DEPOSITION (6/10/11)OPPOSITION/RESPONSE TO MOTION FILED BY COUNSEL FOR THE DEFTS, CALIF DEPT OF CORRECTIONS, ANDDEFT, CATE, TO THE MOTION TO COMPEL. (6/10/11)IT IS ORDERED: STIPULATION AND ORDER RE: PLTF. MITCHELL SIMS' MOTION TO COMPEL SEE FILE FORDETAILS. JUDGE FAYE D'OPALAPPEARANCE DROPPED FOR 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: OFF CALENDAR PER STIPULATION SIGNED BY FD ON 6/6/11HEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: CASE CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING BEFORE TRIALHEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: D.THAIIT IS ORDERED:

MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER CHRISTINE GILSON , DEP CLK J. CHARIFAATTORNEY SARA EISENBERG APPEARED FOR PLAINTIFF.ATTORNEY MICHAEL QUINN APPEARED FOR DEFENDANTS.COUNSEL REQUEST THAT LAW AND MOTION ON JULY 29, 2011 BE ADVANCE TO THE JUNE 10TH LAW ANDMOTION WERE TWO MOTIONS ARE CURRENTLY SET FOR THIS MATTER.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:CASE MANAGEMENT CONFERENCE CONTINUED TO JUNE 10, 2011 AT 8:30 A.M. IN DEPARTMENT E. COUNSELNEED NOT SUBMIT CASE MANAGEMENT CONFERENCE STATEMENTS.MOTIONS CURRENTLY SET ON JULY 29, 2011 IS ADVANCED TO JUNE 10, 2011 AT 8:30 A.M. IN DEPARTMENT E.APPEARANCE DROPPED FOR 07/29/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: ADVANCED TO JUNE 10, 2011HEARING CONTINUED TO: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 05/18/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: JCIT IS ORDERED: THAT HEARING IS MOVED TO 6/10/11; PLTF'S OPPOSITIONS TO THE MOTIONS SHOULD BE FILEDNO LATER THAN 5/27/11 AND DEFT'S REPLIES SHOULD BE FILED NO LATER THAN 6/3/11. JUDGE FAYE D'OPALSTIPULATION AND ORDER THAT THE LAST DAY FOR EITHER PARTY TO FILE A MOTION FOR SUMMARYJUDGMENT IN THE ABOVE CAPTIONED CASE WILL BE EXTENDED FROM 5/31/11 TO 7/31/11. JUDGE FAYE D'OPALFILEDCOPY OF STIPULATION AND ORDER RE SUMMARY JUDGMENT MOTION DEADLINE FILED 5-18-11 LACED IN WILLCALL UNDER "E" FOR ATTY. SARA J. EISENBERG, NO ENVELOPE PROVIDED.OPPOSITION/RESPONSE TO MOTION FILED BY ATTY OBO PLTF, TO DEFTS' ORDER QUASHING NOTICE OFDEPOSITION OF PERSON MOST KNOWLEDGEABLE AND TO STAY TAKING OF DEPOSITION (6/10/11)OPPOSITION/RESPONSE TO MOTION FILED BY COUNSEL FOR THE DEFTS, CALIF DEPT OF CORRECTIONS, ANDDEFT, CATE, TO THE MOTION TO COMPEL. (6/10/11)IT IS ORDERED: STIPULATION AND ORDER RE: PLTF. MITCHELL SIMS' MOTION TO COMPEL SEE FILE FORDETAILS. JUDGE FAYE D'OPALAPPEARANCE DROPPED FOR 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: OFF CALENDAR PER STIPULATION SIGNED BY FD ON 6/6/11HEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: CASE CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING BEFORE TRIALHEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: D.THAIIT IS ORDERED:

COPY OF STIPULATION AND ORDER RE SUMMARY JUDGMENT MOTION DEADLINE FILED 5-18-11 LACED IN WILLCALL UNDER "E" FOR ATTY. SARA J. EISENBERG, NO ENVELOPE PROVIDED.OPPOSITION/RESPONSE TO MOTION FILED BY ATTY OBO PLTF, TO DEFTS' ORDER QUASHING NOTICE OFDEPOSITION OF PERSON MOST KNOWLEDGEABLE AND TO STAY TAKING OF DEPOSITION (6/10/11)OPPOSITION/RESPONSE TO MOTION FILED BY COUNSEL FOR THE DEFTS, CALIF DEPT OF CORRECTIONS, ANDDEFT, CATE, TO THE MOTION TO COMPEL. (6/10/11)IT IS ORDERED: STIPULATION AND ORDER RE: PLTF. MITCHELL SIMS' MOTION TO COMPEL SEE FILE FORDETAILS. JUDGE FAYE D'OPALAPPEARANCE DROPPED FOR 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: OFF CALENDAR PER STIPULATION SIGNED BY FD ON 6/6/11HEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: CASE CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING BEFORE TRIALHEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: D.THAIIT IS ORDERED:

OPPOSITION/RESPONSE TO MOTION FILED BY COUNSEL FOR THE DEFTS, CALIF DEPT OF CORRECTIONS, ANDDEFT, CATE, TO THE MOTION TO COMPEL. (6/10/11)IT IS ORDERED: STIPULATION AND ORDER RE: PLTF. MITCHELL SIMS' MOTION TO COMPEL SEE FILE FORDETAILS. JUDGE FAYE D'OPALAPPEARANCE DROPPED FOR 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: OFF CALENDAR PER STIPULATION SIGNED BY FD ON 6/6/11HEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: CASE CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING BEFORE TRIALHEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: D.THAIIT IS ORDERED:

OPPOSITION/RESPONSE TO MOTION FILED BY ATTY OBO PLTF, TO DEFTS' ORDER QUASHING NOTICE OFDEPOSITION OF PERSON MOST KNOWLEDGEABLE AND TO STAY TAKING OF DEPOSITION (6/10/11)OPPOSITION/RESPONSE TO MOTION FILED BY COUNSEL FOR THE DEFTS, CALIF DEPT OF CORRECTIONS, ANDDEFT, CATE, TO THE MOTION TO COMPEL. (6/10/11)IT IS ORDERED: STIPULATION AND ORDER RE: PLTF. MITCHELL SIMS' MOTION TO COMPEL SEE FILE FORDETAILS. JUDGE FAYE D'OPALAPPEARANCE DROPPED FOR 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: OFF CALENDAR PER STIPULATION SIGNED BY FD ON 6/6/11HEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: CASE CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING BEFORE TRIALHEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: D.THAIIT IS ORDERED:

IT IS ORDERED: STIPULATION AND ORDER RE: PLTF. MITCHELL SIMS' MOTION TO COMPEL SEE FILE FORDETAILS. JUDGE FAYE D'OPALAPPEARANCE DROPPED FOR 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: OFF CALENDAR PER STIPULATION SIGNED BY FD ON 6/6/11HEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: CASE CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING BEFORE TRIALHEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: D.THAIIT IS ORDERED:

HEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: CASE CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING BEFORE TRIALHEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: D.THAIIT IS ORDERED:

APPEARANCE DROPPED FOR 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: OFF CALENDAR PER STIPULATION SIGNED BY FD ON 6/6/11HEARING CONFIRMED FOR: 06/10/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: CASE CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING BEFORE TRIALHEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: D.THAIIT IS ORDERED:

MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESNO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: STIPULATED REQUEST AND ORDER TO TAKE PLTF'S MOTION TO COMPEL OFF CALENDAR;JUDGE FAYE D'OPALAPPEARANCE DROPPED FOR 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: STIPULATION SIGNED BY FDO ON 6/23/11HEARING CONFIRMED FOR: 07/29/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04HEARING CONFIRMED FOR: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVERNOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSIT IS ORDERED: CASE MANAGEMENT CONFERENCE 10/06/2011 AT 8:30 A.M.HEARING CONTINUED TO: 10/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 07/01/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: D.THAIMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA DIBASILIO , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSMOTION(S) HEARD AND ARGUED.THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.***** RULING ***** SEE FILE FOR COMPLETE RULINGDEFENDANT'S MOTION TO QUASH PLAINTIFF SIMS' NOTICE OF DEPOSITION OF THE PERSON MOSTKNOWLEDGEABLE IN ITS ENTIRETY IS DENIED. DEFENDANTS' MOTION FOR PROTECTIVE ORDER IS GRANTEDPARTIES ARE TO MEET AND CONFER ON LOCATION OF DEPOSITION BY 07/13/2011PLAINTIFF'S COUNSEL TO PREPARE AND SUBMIT ORDER REGARDING DEPOSITIONSHEARING BEFORE TRIAL

MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER ELAINE NINKOVICH , DEP CLK D.THAINO APPEARANCE BY OR FOR THE PARTIESIT IS ORDERED: CASE CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING BEFORE TRIALHEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04ENTERED BY: D.THAIIT IS ORDERED:TENTATIVE RULING CONTINUED.MATTER CONTINUED TO 07/01/2011 AT 8:30 A.M.HEARING CONTINUED TO: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04 FROMDATE: 06/10/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: LMCV FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: D.THAI

APPEARANCE DROPPED FOR 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: STIPULATION SIGNED BY FDO ON 6/23/11HEARING CONFIRMED FOR: 07/29/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04HEARING CONFIRMED FOR: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVERNOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSIT IS ORDERED: CASE MANAGEMENT CONFERENCE 10/06/2011 AT 8:30 A.M.HEARING CONTINUED TO: 10/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 07/01/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: D.THAIMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA DIBASILIO , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSMOTION(S) HEARD AND ARGUED.THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.***** RULING ***** SEE FILE FOR COMPLETE RULINGDEFENDANT'S MOTION TO QUASH PLAINTIFF SIMS' NOTICE OF DEPOSITION OF THE PERSON MOSTKNOWLEDGEABLE IN ITS ENTIRETY IS DENIED. DEFENDANTS' MOTION FOR PROTECTIVE ORDER IS GRANTEDPARTIES ARE TO MEET AND CONFER ON LOCATION OF DEPOSITION BY 07/13/2011PLAINTIFF'S COUNSEL TO PREPARE AND SUBMIT ORDER REGARDING DEPOSITIONSHEARING BEFORE TRIAL

IT IS ORDERED: STIPULATED REQUEST AND ORDER TO TAKE PLTF'S MOTION TO COMPEL OFF CALENDAR;JUDGE FAYE D'OPALAPPEARANCE DROPPED FOR 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04DROP REASON: STIPULATION SIGNED BY FDO ON 6/23/11HEARING CONFIRMED FOR: 07/29/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04HEARING CONFIRMED FOR: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVERNOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSIT IS ORDERED: CASE MANAGEMENT CONFERENCE 10/06/2011 AT 8:30 A.M.HEARING CONTINUED TO: 10/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 07/01/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: D.THAIMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA DIBASILIO , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSMOTION(S) HEARD AND ARGUED.THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.***** RULING ***** SEE FILE FOR COMPLETE RULINGDEFENDANT'S MOTION TO QUASH PLAINTIFF SIMS' NOTICE OF DEPOSITION OF THE PERSON MOSTKNOWLEDGEABLE IN ITS ENTIRETY IS DENIED. DEFENDANTS' MOTION FOR PROTECTIVE ORDER IS GRANTEDPARTIES ARE TO MEET AND CONFER ON LOCATION OF DEPOSITION BY 07/13/2011PLAINTIFF'S COUNSEL TO PREPARE AND SUBMIT ORDER REGARDING DEPOSITIONSHEARING BEFORE TRIAL

HEARING CONFIRMED FOR: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVERNOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSIT IS ORDERED: CASE MANAGEMENT CONFERENCE 10/06/2011 AT 8:30 A.M.HEARING CONTINUED TO: 10/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 07/01/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: D.THAIMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA DIBASILIO , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSMOTION(S) HEARD AND ARGUED.THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.***** RULING ***** SEE FILE FOR COMPLETE RULINGDEFENDANT'S MOTION TO QUASH PLAINTIFF SIMS' NOTICE OF DEPOSITION OF THE PERSON MOSTKNOWLEDGEABLE IN ITS ENTIRETY IS DENIED. DEFENDANTS' MOTION FOR PROTECTIVE ORDER IS GRANTEDPARTIES ARE TO MEET AND CONFER ON LOCATION OF DEPOSITION BY 07/13/2011PLAINTIFF'S COUNSEL TO PREPARE AND SUBMIT ORDER REGARDING DEPOSITIONSHEARING BEFORE TRIAL

HEARING CONFIRMED FOR: 07/29/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04HEARING CONFIRMED FOR: 07/01/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVERNOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSIT IS ORDERED: CASE MANAGEMENT CONFERENCE 10/06/2011 AT 8:30 A.M.HEARING CONTINUED TO: 10/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 07/01/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: D.THAIMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA DIBASILIO , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSMOTION(S) HEARD AND ARGUED.THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.***** RULING ***** SEE FILE FOR COMPLETE RULINGDEFENDANT'S MOTION TO QUASH PLAINTIFF SIMS' NOTICE OF DEPOSITION OF THE PERSON MOSTKNOWLEDGEABLE IN ITS ENTIRETY IS DENIED. DEFENDANTS' MOTION FOR PROTECTIVE ORDER IS GRANTEDPARTIES ARE TO MEET AND CONFER ON LOCATION OF DEPOSITION BY 07/13/2011PLAINTIFF'S COUNSEL TO PREPARE AND SUBMIT ORDER REGARDING DEPOSITIONSHEARING BEFORE TRIAL

MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA DIBASILIO , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSMOTION(S) HEARD AND ARGUED.THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.***** RULING ***** SEE FILE FOR COMPLETE RULINGDEFENDANT'S MOTION TO QUASH PLAINTIFF SIMS' NOTICE OF DEPOSITION OF THE PERSON MOSTKNOWLEDGEABLE IN ITS ENTIRETY IS DENIED. DEFENDANTS' MOTION FOR PROTECTIVE ORDER IS GRANTEDPARTIES ARE TO MEET AND CONFER ON LOCATION OF DEPOSITION BY 07/13/2011PLAINTIFF'S COUNSEL TO PREPARE AND SUBMIT ORDER REGARDING DEPOSITIONSHEARING BEFORE TRIALENTERED BY: D.THAI

MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVERNOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSIT IS ORDERED: CASE MANAGEMENT CONFERENCE 10/06/2011 AT 8:30 A.M.HEARING CONTINUED TO: 10/06/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 07/01/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: D.THAIMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA DIBASILIO , DEP CLK D.THAIATTORNEY ELIZABETH WANG APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERTBROWNATTORNEY JAIME DELAYE APPEARED FOR PLAINTIFF SIMS AND SPECIALLY FOR INTERVENOR ALBERT BROWNATTORNEY JAY GOLDMAN APPEARED FOR DEFENDANTSMOTION(S) HEARD AND ARGUED.THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.***** RULING ***** SEE FILE FOR COMPLETE RULINGDEFENDANT'S MOTION TO QUASH PLAINTIFF SIMS' NOTICE OF DEPOSITION OF THE PERSON MOSTKNOWLEDGEABLE IN ITS ENTIRETY IS DENIED. DEFENDANTS' MOTION FOR PROTECTIVE ORDER IS GRANTEDPARTIES ARE TO MEET AND CONFER ON LOCATION OF DEPOSITION BY 07/13/2011PLAINTIFF'S COUNSEL TO PREPARE AND SUBMIT ORDER REGARDING DEPOSITIONSHEARING BEFORE TRIAL

IT IS ORDERED: THAT THE COURT DENIES THE DEFT'S MOTION TO QUASH AND GRANTS DEFT'S MOTION FOR APROTECTIVE ORDER; FURTHER THE COURT ISSUES AND ORDER REQUIRING THAT THE PARTIES MEET ANDCONFER AND DETERMINE AGREEABLE DATE AND LOCATION FOR THE DEPOSITION OF CDCR'S PERSONS MOSTKNOWLEDGEABLE BY 7/13/11. JUDGE FAYE D'OPALSTIPULATION AND ORDER THAT PLTF AND DEFTS AGREE THE LAST DAY FOR EITHER PARTY TO FILE A MOTIONFOR SUMMARY JUDGMENT WILL BE EXTENDED FROM 7/31/11 UNTIL 8/12/11. JUDGE FAYE D'OPAL FILEDMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER D.BARTUNEK , DEP CLK D.THAIATTORNEY JAIME HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN APPEARED FOR DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTIONSATTORNEY NORMAN HILE APPEARED FOR INTERVERNOR KEVIN COOPERMOTION(S) HEARD AND ARGUED.THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.***** RULING ***** SEE FILE FOR COMPLETE RULINGKEVIN COOPER'S MOTION FOR LEAVE OF COURT TO INTERVENE IN THIS ACTION AS PLAINTIFF IS GRANTEDHEARING BEFORE TRIALENTERED BY: D.THAIIT IS ORDERED: ORDER GRANTING INTERVENOR KEVIN COOPER'S MOTION FOR LEAVE OF COURT TOINTERVENE: IT IS HEREBY ORDERED THAT KEVIN COOPER'S MOTION FOR LEAVE OF COURT TO INTERVENE INTHE ABOVE TITLED CASE IS HEREBY GRANTED AND THAT MR COOPER'S COMPLAINT IN INTERVENTION ISHEREBY RECEIVED AND FILED. JUDGE FAYE D'OPALMINUTE ORDER POSTEDCASE FILE NOT IN COURTJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK J. CHARIFAATTORNEY JAMIE HULING DELAYE APPEARED FOR PLAINTIFF.NO APPEARANCE BY OR FOR THE DEFENDANTS.EX PARTE MINUTE ORDERMATTER BEFORE THE COURT AS TO PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIMEAND FOR AN ORDER TO EXTEND PAGE LIMITATIONS.COUNSEL INDICATES THAT EX PARTE APPLICATION IS UNOPPOSED.APPLICATION READ AND CONSIDERED.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:PLAINTIFF'S EX PARTE REQUEST GRANTED.MOTION FOR SUMMARY JUDGMENT WILL BE HEARD ON NOVEMBER 4, 2011 AT 8:30 A.M. IN DEPARTMENT E.PLAINTIFF'S REQUEST TO FILE OVERSIZED BRIEFS GRANTED.ORDER SIGNED AND COUNSEL DIRECTED TO THE CLERK'S OFFICE FOR FILING.ENTERED BY: JCIT IS ORDERED: ORDER SHORTENING TIME FOR EARLIER HEARING DATE ON PLTF'S MSJ TO BE HEARD ON11/04/11, 8:30 AM, DEPT. E; MEMO OF P & A IN SUPPORT OF PLTF'S. MSJ NOT TO EXCEED 35 PP; DEFTS OPP. TOMSJ NOT TO EXCEED 35 PP; PLTF'S. REPLY NOT TO EXCEED 25 PP.; SIGNED BY HON. FAYE D'OPAL.HEARING CONFIRMED FOR: 11/04/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04

STIPULATION AND ORDER THAT PLTF AND DEFTS AGREE THE LAST DAY FOR EITHER PARTY TO FILE A MOTIONFOR SUMMARY JUDGMENT WILL BE EXTENDED FROM 7/31/11 UNTIL 8/12/11. JUDGE FAYE D'OPAL FILEDMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER D.BARTUNEK , DEP CLK D.THAIATTORNEY JAIME HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN APPEARED FOR DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTIONSATTORNEY NORMAN HILE APPEARED FOR INTERVERNOR KEVIN COOPERMOTION(S) HEARD AND ARGUED.THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.***** RULING ***** SEE FILE FOR COMPLETE RULINGKEVIN COOPER'S MOTION FOR LEAVE OF COURT TO INTERVENE IN THIS ACTION AS PLAINTIFF IS GRANTEDHEARING BEFORE TRIALENTERED BY: D.THAIIT IS ORDERED: ORDER GRANTING INTERVENOR KEVIN COOPER'S MOTION FOR LEAVE OF COURT TOINTERVENE: IT IS HEREBY ORDERED THAT KEVIN COOPER'S MOTION FOR LEAVE OF COURT TO INTERVENE INTHE ABOVE TITLED CASE IS HEREBY GRANTED AND THAT MR COOPER'S COMPLAINT IN INTERVENTION ISHEREBY RECEIVED AND FILED. JUDGE FAYE D'OPALMINUTE ORDER POSTEDCASE FILE NOT IN COURTJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK J. CHARIFAATTORNEY JAMIE HULING DELAYE APPEARED FOR PLAINTIFF.NO APPEARANCE BY OR FOR THE DEFENDANTS.EX PARTE MINUTE ORDERMATTER BEFORE THE COURT AS TO PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIMEAND FOR AN ORDER TO EXTEND PAGE LIMITATIONS.COUNSEL INDICATES THAT EX PARTE APPLICATION IS UNOPPOSED.APPLICATION READ AND CONSIDERED.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:PLAINTIFF'S EX PARTE REQUEST GRANTED.MOTION FOR SUMMARY JUDGMENT WILL BE HEARD ON NOVEMBER 4, 2011 AT 8:30 A.M. IN DEPARTMENT E.PLAINTIFF'S REQUEST TO FILE OVERSIZED BRIEFS GRANTED.ORDER SIGNED AND COUNSEL DIRECTED TO THE CLERK'S OFFICE FOR FILING.ENTERED BY: JCIT IS ORDERED: ORDER SHORTENING TIME FOR EARLIER HEARING DATE ON PLTF'S MSJ TO BE HEARD ON11/04/11, 8:30 AM, DEPT. E; MEMO OF P & A IN SUPPORT OF PLTF'S. MSJ NOT TO EXCEED 35 PP; DEFTS OPP. TOMSJ NOT TO EXCEED 35 PP; PLTF'S. REPLY NOT TO EXCEED 25 PP.; SIGNED BY HON. FAYE D'OPAL.HEARING CONFIRMED FOR: 11/04/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04

MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER D.BARTUNEK , DEP CLK D.THAIATTORNEY JAIME HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN APPEARED FOR DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTIONSATTORNEY NORMAN HILE APPEARED FOR INTERVERNOR KEVIN COOPERMOTION(S) HEARD AND ARGUED.THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.***** RULING ***** SEE FILE FOR COMPLETE RULINGKEVIN COOPER'S MOTION FOR LEAVE OF COURT TO INTERVENE IN THIS ACTION AS PLAINTIFF IS GRANTEDHEARING BEFORE TRIALENTERED BY: D.THAIIT IS ORDERED: ORDER GRANTING INTERVENOR KEVIN COOPER'S MOTION FOR LEAVE OF COURT TOINTERVENE: IT IS HEREBY ORDERED THAT KEVIN COOPER'S MOTION FOR LEAVE OF COURT TO INTERVENE INTHE ABOVE TITLED CASE IS HEREBY GRANTED AND THAT MR COOPER'S COMPLAINT IN INTERVENTION ISHEREBY RECEIVED AND FILED. JUDGE FAYE D'OPALMINUTE ORDER POSTEDCASE FILE NOT IN COURTJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK J. CHARIFAATTORNEY JAMIE HULING DELAYE APPEARED FOR PLAINTIFF.NO APPEARANCE BY OR FOR THE DEFENDANTS.EX PARTE MINUTE ORDERMATTER BEFORE THE COURT AS TO PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIMEAND FOR AN ORDER TO EXTEND PAGE LIMITATIONS.COUNSEL INDICATES THAT EX PARTE APPLICATION IS UNOPPOSED.APPLICATION READ AND CONSIDERED.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:PLAINTIFF'S EX PARTE REQUEST GRANTED.MOTION FOR SUMMARY JUDGMENT WILL BE HEARD ON NOVEMBER 4, 2011 AT 8:30 A.M. IN DEPARTMENT E.PLAINTIFF'S REQUEST TO FILE OVERSIZED BRIEFS GRANTED.ORDER SIGNED AND COUNSEL DIRECTED TO THE CLERK'S OFFICE FOR FILING.ENTERED BY: JCIT IS ORDERED: ORDER SHORTENING TIME FOR EARLIER HEARING DATE ON PLTF'S MSJ TO BE HEARD ON11/04/11, 8:30 AM, DEPT. E; MEMO OF P & A IN SUPPORT OF PLTF'S. MSJ NOT TO EXCEED 35 PP; DEFTS OPP. TOMSJ NOT TO EXCEED 35 PP; PLTF'S. REPLY NOT TO EXCEED 25 PP.; SIGNED BY HON. FAYE D'OPAL.HEARING CONFIRMED FOR: 11/04/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04

IT IS ORDERED: ORDER GRANTING INTERVENOR KEVIN COOPER'S MOTION FOR LEAVE OF COURT TOINTERVENE: IT IS HEREBY ORDERED THAT KEVIN COOPER'S MOTION FOR LEAVE OF COURT TO INTERVENE INTHE ABOVE TITLED CASE IS HEREBY GRANTED AND THAT MR COOPER'S COMPLAINT IN INTERVENTION ISHEREBY RECEIVED AND FILED. JUDGE FAYE D'OPALMINUTE ORDER POSTEDCASE FILE NOT IN COURTJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK J. CHARIFAATTORNEY JAMIE HULING DELAYE APPEARED FOR PLAINTIFF.NO APPEARANCE BY OR FOR THE DEFENDANTS.EX PARTE MINUTE ORDERMATTER BEFORE THE COURT AS TO PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIMEAND FOR AN ORDER TO EXTEND PAGE LIMITATIONS.COUNSEL INDICATES THAT EX PARTE APPLICATION IS UNOPPOSED.APPLICATION READ AND CONSIDERED.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:PLAINTIFF'S EX PARTE REQUEST GRANTED.MOTION FOR SUMMARY JUDGMENT WILL BE HEARD ON NOVEMBER 4, 2011 AT 8:30 A.M. IN DEPARTMENT E.PLAINTIFF'S REQUEST TO FILE OVERSIZED BRIEFS GRANTED.ORDER SIGNED AND COUNSEL DIRECTED TO THE CLERK'S OFFICE FOR FILING.ENTERED BY: JCIT IS ORDERED: ORDER SHORTENING TIME FOR EARLIER HEARING DATE ON PLTF'S MSJ TO BE HEARD ON11/04/11, 8:30 AM, DEPT. E; MEMO OF P & A IN SUPPORT OF PLTF'S. MSJ NOT TO EXCEED 35 PP; DEFTS OPP. TOMSJ NOT TO EXCEED 35 PP; PLTF'S. REPLY NOT TO EXCEED 25 PP.; SIGNED BY HON. FAYE D'OPAL.HEARING CONFIRMED FOR: 11/04/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04

MINUTE ORDER POSTEDCASE FILE NOT IN COURTJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK J. CHARIFAATTORNEY JAMIE HULING DELAYE APPEARED FOR PLAINTIFF.NO APPEARANCE BY OR FOR THE DEFENDANTS.EX PARTE MINUTE ORDERMATTER BEFORE THE COURT AS TO PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIMEAND FOR AN ORDER TO EXTEND PAGE LIMITATIONS.COUNSEL INDICATES THAT EX PARTE APPLICATION IS UNOPPOSED.APPLICATION READ AND CONSIDERED.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:PLAINTIFF'S EX PARTE REQUEST GRANTED.MOTION FOR SUMMARY JUDGMENT WILL BE HEARD ON NOVEMBER 4, 2011 AT 8:30 A.M. IN DEPARTMENT E.PLAINTIFF'S REQUEST TO FILE OVERSIZED BRIEFS GRANTED.ORDER SIGNED AND COUNSEL DIRECTED TO THE CLERK'S OFFICE FOR FILING.ENTERED BY: JCIT IS ORDERED: ORDER SHORTENING TIME FOR EARLIER HEARING DATE ON PLTF'S MSJ TO BE HEARD ON11/04/11, 8:30 AM, DEPT. E; MEMO OF P & A IN SUPPORT OF PLTF'S. MSJ NOT TO EXCEED 35 PP; DEFTS OPP. TOMSJ NOT TO EXCEED 35 PP; PLTF'S. REPLY NOT TO EXCEED 25 PP.; SIGNED BY HON. FAYE D'OPAL.HEARING CONFIRMED FOR: 11/04/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04IT IS ORDERED: THAT CASE MANAGEMENT CONF SCHEDULED FOR 10/6/11 IS CONTINUED TO 11/4/11 JUDGEFAYE D'OPALAPPEARANCE MOVED TO: 11/04/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 MOVEREASON: PER GRANTED STIP. AND ORDER 10/5/11 FROM DATE: 10/06/2011 FROM TIME: 08:30 AM FROMAPPEARANCE TYPE: CMGT FROM DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY OBO DEFTS, TO MSJ (11/4/11)MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER SARAH DOMENICO , DEP CLK P. OKUBOATTORNEY SARA EISENBERG AND JAMIE HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICAHEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANTS CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATION AND MATTHEW CATE.ATTORNEY CAMERON DESMOND APPEARED FOR INTERVENOR KEVIN COOPERATTORNEY SARA COHBRA APPEARED FOR INTERVENOR ALBERT BROWN.IT IS ORDERED: FUTURE CASE MANAGEMENT CONFERNCE DATE: 12/16/11 TIME: 8:30 A.M.HEARING CONTINUED TO: 12/16/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 11/04/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: P. OKUBO

IT IS ORDERED: ORDER SHORTENING TIME FOR EARLIER HEARING DATE ON PLTF'S MSJ TO BE HEARD ON11/04/11, 8:30 AM, DEPT. E; MEMO OF P & A IN SUPPORT OF PLTF'S. MSJ NOT TO EXCEED 35 PP; DEFTS OPP. TOMSJ NOT TO EXCEED 35 PP; PLTF'S. REPLY NOT TO EXCEED 25 PP.; SIGNED BY HON. FAYE D'OPAL.HEARING CONFIRMED FOR: 11/04/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04

HEARING CONFIRMED FOR: 11/04/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04

APPEARANCE MOVED TO: 11/04/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 MOVEREASON: PER GRANTED STIP. AND ORDER 10/5/11 FROM DATE: 10/06/2011 FROM TIME: 08:30 AM FROMAPPEARANCE TYPE: CMGT FROM DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY OBO DEFTS, TO MSJ (11/4/11)MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER SARAH DOMENICO , DEP CLK P. OKUBOATTORNEY SARA EISENBERG AND JAMIE HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICAHEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANTS CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATION AND MATTHEW CATE.ATTORNEY CAMERON DESMOND APPEARED FOR INTERVENOR KEVIN COOPERATTORNEY SARA COHBRA APPEARED FOR INTERVENOR ALBERT BROWN.IT IS ORDERED: FUTURE CASE MANAGEMENT CONFERNCE DATE: 12/16/11 TIME: 8:30 A.M.HEARING CONTINUED TO: 12/16/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 11/04/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: P. OKUBOMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER SARAH DOMENICO , DEP CLK P. OKUBOATTORNEY SARA EISENBERG AND JAMIE HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANTS CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATION AND MATTHEW CATE.ATTORNEY CAMERON DESMOND APPEARED FOR INTERVENOR KEVIN COOPERATTORNEY SARA COHBRA APPEARED FOR INTERVENOR ALBERT BROWN.IT IS ORDERED: MOTION FOR SUMMARY JUDGMENT BY PLAINTIFF MITCHELL SIMS IS CONTINUED TO 12/16/11 AT8:30 A.M. COUNSEL MAY APPEAR BY COURT CALL.HEARING CONTINUED TO: 12/16/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04 FROMDATE: 11/04/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: LMCV FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: P. OKUBOMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA TOGNINI-DIBASILIO , DEP CLK J. CHARIFAATTORNEY SARA EISENBERG AND JAIME HULING DELAYE APPEARED FOR PLAINTIFF, MITCHELL SIMS.ATTORNEY SARA COHBRA APPEARED FOR INTERVENOR, ALBERT BROWN.ATTORNEY CAMERON DESMOND APPEARED FOR INTEVENOR, KEVIN COOPER.ATTORNEY JAY GOLDMAN, MICHAEL QUINN AND MARISA KIRCHENBAUER APPEARED FOR DEFENDANTS,CALIFORNIA DEPARTMENT OF CORRECTION AND REHABILITATION AND MATTHEW CATE.MOTION(S) HEARD AND ARGUED.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.

IT IS ORDERED: THAT CASE MANAGEMENT CONF SCHEDULED FOR 10/6/11 IS CONTINUED TO 11/4/11 JUDGEFAYE D'OPALAPPEARANCE MOVED TO: 11/04/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 MOVEREASON: PER GRANTED STIP. AND ORDER 10/5/11 FROM DATE: 10/06/2011 FROM TIME: 08:30 AM FROMAPPEARANCE TYPE: CMGT FROM DEPARTMENT: D04OPPOSITION/RESPONSE TO MOTION FILED BY ATTY OBO DEFTS, TO MSJ (11/4/11)MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER SARAH DOMENICO , DEP CLK P. OKUBOATTORNEY SARA EISENBERG AND JAMIE HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICAHEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANTS CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATION AND MATTHEW CATE.ATTORNEY CAMERON DESMOND APPEARED FOR INTERVENOR KEVIN COOPERATTORNEY SARA COHBRA APPEARED FOR INTERVENOR ALBERT BROWN.IT IS ORDERED: FUTURE CASE MANAGEMENT CONFERNCE DATE: 12/16/11 TIME: 8:30 A.M.HEARING CONTINUED TO: 12/16/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 11/04/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: P. OKUBOMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER SARAH DOMENICO , DEP CLK P. OKUBOATTORNEY SARA EISENBERG AND JAMIE HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANTS CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATION AND MATTHEW CATE.ATTORNEY CAMERON DESMOND APPEARED FOR INTERVENOR KEVIN COOPERATTORNEY SARA COHBRA APPEARED FOR INTERVENOR ALBERT BROWN.IT IS ORDERED: MOTION FOR SUMMARY JUDGMENT BY PLAINTIFF MITCHELL SIMS IS CONTINUED TO 12/16/11 AT8:30 A.M. COUNSEL MAY APPEAR BY COURT CALL.HEARING CONTINUED TO: 12/16/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04 FROMDATE: 11/04/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: LMCV FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: P. OKUBOMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA TOGNINI-DIBASILIO , DEP CLK J. CHARIFAATTORNEY SARA EISENBERG AND JAIME HULING DELAYE APPEARED FOR PLAINTIFF, MITCHELL SIMS.ATTORNEY SARA COHBRA APPEARED FOR INTERVENOR, ALBERT BROWN.ATTORNEY CAMERON DESMOND APPEARED FOR INTEVENOR, KEVIN COOPER.ATTORNEY JAY GOLDMAN, MICHAEL QUINN AND MARISA KIRCHENBAUER APPEARED FOR DEFENDANTS,CALIFORNIA DEPARTMENT OF CORRECTION AND REHABILITATION AND MATTHEW CATE.MOTION(S) HEARD AND ARGUED.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.

OPPOSITION/RESPONSE TO MOTION FILED BY ATTY OBO DEFTS, TO MSJ (11/4/11)MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER SARAH DOMENICO , DEP CLK P. OKUBOATTORNEY SARA EISENBERG AND JAMIE HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICAHEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANTS CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATION AND MATTHEW CATE.ATTORNEY CAMERON DESMOND APPEARED FOR INTERVENOR KEVIN COOPERATTORNEY SARA COHBRA APPEARED FOR INTERVENOR ALBERT BROWN.IT IS ORDERED: FUTURE CASE MANAGEMENT CONFERNCE DATE: 12/16/11 TIME: 8:30 A.M.HEARING CONTINUED TO: 12/16/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 11/04/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: P. OKUBOMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER SARAH DOMENICO , DEP CLK P. OKUBOATTORNEY SARA EISENBERG AND JAMIE HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANTS CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATION AND MATTHEW CATE.ATTORNEY CAMERON DESMOND APPEARED FOR INTERVENOR KEVIN COOPERATTORNEY SARA COHBRA APPEARED FOR INTERVENOR ALBERT BROWN.IT IS ORDERED: MOTION FOR SUMMARY JUDGMENT BY PLAINTIFF MITCHELL SIMS IS CONTINUED TO 12/16/11 AT8:30 A.M. COUNSEL MAY APPEAR BY COURT CALL.HEARING CONTINUED TO: 12/16/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04 FROMDATE: 11/04/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: LMCV FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: P. OKUBOMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA TOGNINI-DIBASILIO , DEP CLK J. CHARIFAATTORNEY SARA EISENBERG AND JAIME HULING DELAYE APPEARED FOR PLAINTIFF, MITCHELL SIMS.ATTORNEY SARA COHBRA APPEARED FOR INTERVENOR, ALBERT BROWN.ATTORNEY CAMERON DESMOND APPEARED FOR INTEVENOR, KEVIN COOPER.ATTORNEY JAY GOLDMAN, MICHAEL QUINN AND MARISA KIRCHENBAUER APPEARED FOR DEFENDANTS,CALIFORNIA DEPARTMENT OF CORRECTION AND REHABILITATION AND MATTHEW CATE.MOTION(S) HEARD AND ARGUED.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.

MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER SARAH DOMENICO , DEP CLK P. OKUBOATTORNEY SARA EISENBERG AND JAMIE HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICAHEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANTS CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATION AND MATTHEW CATE.ATTORNEY CAMERON DESMOND APPEARED FOR INTERVENOR KEVIN COOPERATTORNEY SARA COHBRA APPEARED FOR INTERVENOR ALBERT BROWN.IT IS ORDERED: FUTURE CASE MANAGEMENT CONFERNCE DATE: 12/16/11 TIME: 8:30 A.M.HEARING CONTINUED TO: 12/16/2011 AT: 08:30 AM FOR APPEARANCE TYPE: CMGT IN DEPARTMENT: D04 FROMDATE: 11/04/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: CMGT FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: P. OKUBOMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER SARAH DOMENICO , DEP CLK P. OKUBOATTORNEY SARA EISENBERG AND JAMIE HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANTS CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATION AND MATTHEW CATE.ATTORNEY CAMERON DESMOND APPEARED FOR INTERVENOR KEVIN COOPERATTORNEY SARA COHBRA APPEARED FOR INTERVENOR ALBERT BROWN.IT IS ORDERED: MOTION FOR SUMMARY JUDGMENT BY PLAINTIFF MITCHELL SIMS IS CONTINUED TO 12/16/11 AT8:30 A.M. COUNSEL MAY APPEAR BY COURT CALL.HEARING CONTINUED TO: 12/16/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04 FROMDATE: 11/04/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: LMCV FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: P. OKUBOMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA TOGNINI-DIBASILIO , DEP CLK J. CHARIFAATTORNEY SARA EISENBERG AND JAIME HULING DELAYE APPEARED FOR PLAINTIFF, MITCHELL SIMS.ATTORNEY SARA COHBRA APPEARED FOR INTERVENOR, ALBERT BROWN.ATTORNEY CAMERON DESMOND APPEARED FOR INTEVENOR, KEVIN COOPER.ATTORNEY JAY GOLDMAN, MICHAEL QUINN AND MARISA KIRCHENBAUER APPEARED FOR DEFENDANTS,CALIFORNIA DEPARTMENT OF CORRECTION AND REHABILITATION AND MATTHEW CATE.MOTION(S) HEARD AND ARGUED.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.

MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER SARAH DOMENICO , DEP CLK P. OKUBOATTORNEY SARA EISENBERG AND JAMIE HULING DELAYE APPEARED FOR PLAINTIFFATTORNEY MICHAEL QUINN AND JAY GOLDMAN APPEARED FOR DEFENDANTS CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATION AND MATTHEW CATE.ATTORNEY CAMERON DESMOND APPEARED FOR INTERVENOR KEVIN COOPERATTORNEY SARA COHBRA APPEARED FOR INTERVENOR ALBERT BROWN.IT IS ORDERED: MOTION FOR SUMMARY JUDGMENT BY PLAINTIFF MITCHELL SIMS IS CONTINUED TO 12/16/11 AT8:30 A.M. COUNSEL MAY APPEAR BY COURT CALL.HEARING CONTINUED TO: 12/16/2011 AT: 08:30 AM FOR APPEARANCE TYPE: LMCV IN DEPARTMENT: D04 FROMDATE: 11/04/2011 FROM TIME: 08:30 AM FROM APPEARANCE TYPE: LMCV FROM DEPARTMENT: D04HEARING BEFORE TRIALENTERED BY: P. OKUBOMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA TOGNINI-DIBASILIO , DEP CLK J. CHARIFAATTORNEY SARA EISENBERG AND JAIME HULING DELAYE APPEARED FOR PLAINTIFF, MITCHELL SIMS.ATTORNEY SARA COHBRA APPEARED FOR INTERVENOR, ALBERT BROWN.ATTORNEY CAMERON DESMOND APPEARED FOR INTEVENOR, KEVIN COOPER.ATTORNEY JAY GOLDMAN, MICHAEL QUINN AND MARISA KIRCHENBAUER APPEARED FOR DEFENDANTS,CALIFORNIA DEPARTMENT OF CORRECTION AND REHABILITATION AND MATTHEW CATE.MOTION(S) HEARD AND ARGUED.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.

MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA TOGNINI-DIBASILIO , DEP CLK J. CHARIFAATTORNEY SARA EISENBEERG AND JAIME HULING DELAYE APPEARED FOR PLAINTIFF, MITCHELL SIMS.ATTORNEY SARA COHBRA APPEARED FOR INTERVENOR, ALBERT BROWN.ATTORNEY CAMERON DESMOND APPEARED FOR INTERVENOR, KEVIN COOPER.ATTORNEY JAY GOLDMAN, MICHAEL QUINN, AND MARISA KIRCHENBAUER APPEARED FOR DEFENDANTS,CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION AND MATTHEW CATE.THE MATTER TAKEN OFF CALENDAR AT THE REQUEST OF/ORDER OF THE COURT DUE TO GRANTING OF THESUMMARY JUDGMENT.ENTERED BY: JCMINUTE ORDER POSTEDEX PARTE MINUTE ORDER ***** IN CHAMBER MINUTE ORDER *****JUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK J. CHARIFAFINAL RULING RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FILED.COPIES MAILED TO THE PARTIES BY THE CLERK.CASE NO LONGER UNDER SUBMISSIONSUMMARY OF COURT'S RULING: (SEE FILE FOR COMPLETE RULING)PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (CODE CIV. PROC. SECTION 437C(P)(1), ON THEIRDECLARATORY RELIEF ACTION TO INVALIDCATE DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATION'S THREE-DRUG LETHAL INJECTION PROTOCOL (CAL. CODE REGS., TIT., SECTIONS 3349-3349.4.6, "ADMINISTRATION OF THE DEATH PENALTY" , IS GRANTED.B. SEPARATELY, THE COURT DENIES PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON THEIR FIRST CAUSEOF ACTION, WHICH ALLEGES THERE IS NO SUBSTANTIAL EVIDENCE IN THE RULEMAKING FILE TO SHOW THEUSE OF THE SECOND DRUG - PANCURONIUM BROMIDE AND/OR THE THIRD DRUG - POTASSIUM CHLORIDE ARE"REASONABLY NECESSARY" TO EFFECTUATE THE PURPOSE FOR WHICH THE REGULATIONS ARE PROPOSED,AS REQUIRED BY GOVT. CODE SECTIONS 11342.2, AND 11350(B)(1). (COMPLAINT PARAGRAPHS 30-41)PLAINTIFFS' REQUEST TO TAKE JUDICIAL NOTICE OF DOCUMENTS FILED IN SEPERATE FEDERAL ACTIONS, ISGRANTED. DEFENDANT'S OBJECTIONS TO THESE REQUESTS ARE OVERRULED. DEFENDANT'S EVIDENTIARYOBJECTIONS NOS. 1-3 ARE ALL OVERRULED.PLAINTIFF'S SHALL SUBMIT A JUDGMENT IN THIS MATTER.CASE DISPOSED BEFORE TRIAL - SUMMARY JUDGMENTCASE DISPOSED IN ENTIRETYHEARING BEFORE TRIALENTERED BY: JCENTERED BY: P. OKUBO - ADDITION TO ENTRY ADDED 1/26/12 PER REQUEST OF COURT.REQUEST FOR DISMISSAL FILED BY ATTY FOR PLTF AS TO DISMISSAL OF PLTFS 1ST CAUSE OF ACTION ONLY.

MINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA TOGNINI-DIBASILIO , DEP CLK J. CHARIFAATTORNEY SARA EISENBERG AND JAIME HULING DELAYE APPEARED FOR PLAINTIFF, MITCHELL SIMS.ATTORNEY SARA COHBRA APPEARED FOR INTERVENOR, ALBERT BROWN.ATTORNEY CAMERON DESMOND APPEARED FOR INTEVENOR, KEVIN COOPER.ATTORNEY JAY GOLDMAN, MICHAEL QUINN AND MARISA KIRCHENBAUER APPEARED FOR DEFENDANTS,CALIFORNIA DEPARTMENT OF CORRECTION AND REHABILITATION AND MATTHEW CATE.MOTION(S) HEARD AND ARGUED.THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:THE TENTATIVE RULING IS AFFIRMED AND MADE FINAL.WITH EXCEPTION TO POINT #3 REGARDING PUBLIC COMMENTS IN THE TENTATIVE RULING. THE COURT TAKESTHIS MATTER UNDER SUBMISSION.CASE UNDER SUBMISSIONTHE COURT WILL ISSUE A FINAL RULING REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TOINCLUDE THE TENTATIVE RULING ADOPTED AND RULING ON THE ONE MATTER TAKEN UNDER SUBMISSION.HEARING BEFORE TRIALENTERED BY: JCMINUTE ORDER POSTEDJUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER DANA TOGNINI-DIBASILIO , DEP CLK J. CHARIFAATTORNEY SARA EISENBEERG AND JAIME HULING DELAYE APPEARED FOR PLAINTIFF, MITCHELL SIMS.ATTORNEY SARA COHBRA APPEARED FOR INTERVENOR, ALBERT BROWN.ATTORNEY CAMERON DESMOND APPEARED FOR INTERVENOR, KEVIN COOPER.ATTORNEY JAY GOLDMAN, MICHAEL QUINN, AND MARISA KIRCHENBAUER APPEARED FOR DEFENDANTS,CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION AND MATTHEW CATE.THE MATTER TAKEN OFF CALENDAR AT THE REQUEST OF/ORDER OF THE COURT DUE TO GRANTING OF THESUMMARY JUDGMENT.ENTERED BY: JC

MINUTE ORDER POSTEDEX PARTE MINUTE ORDER ***** IN CHAMBER MINUTE ORDER *****JUDGE/PROTEM/REFEREE FAYE D'OPAL , REPORTER NOT REPORTED , DEP CLK J. CHARIFAFINAL RULING RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FILED.COPIES MAILED TO THE PARTIES BY THE CLERK.CASE NO LONGER UNDER SUBMISSIONSUMMARY OF COURT'S RULING: (SEE FILE FOR COMPLETE RULING)PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (CODE CIV. PROC. SECTION 437C(P)(1), ON THEIRDECLARATORY RELIEF ACTION TO INVALIDCATE DEFENDANT CALIFORNIA DEPARTMENT OF CORRECTIONS ANDREHABILITATION'S THREE-DRUG LETHAL INJECTION PROTOCOL (CAL. CODE REGS., TIT., SECTIONS 3349-3349.4.6, "ADMINISTRATION OF THE DEATH PENALTY" , IS GRANTED.B. SEPARATELY, THE COURT DENIES PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON THEIR FIRST CAUSEOF ACTION, WHICH ALLEGES THERE IS NO SUBSTANTIAL EVIDENCE IN THE RULEMAKING FILE TO SHOW THEUSE OF THE SECOND DRUG - PANCURONIUM BROMIDE AND/OR THE THIRD DRUG - POTASSIUM CHLORIDE ARE"REASONABLY NECESSARY" TO EFFECTUATE THE PURPOSE FOR WHICH THE REGULATIONS ARE PROPOSED,AS REQUIRED BY GOVT. CODE SECTIONS 11342.2, AND 11350(B)(1). (COMPLAINT PARAGRAPHS 30-41)PLAINTIFFS' REQUEST TO TAKE JUDICIAL NOTICE OF DOCUMENTS FILED IN SEPERATE FEDERAL ACTIONS, ISGRANTED. DEFENDANT'S OBJECTIONS TO THESE REQUESTS ARE OVERRULED. DEFENDANT'S EVIDENTIARYOBJECTIONS NOS. 1-3 ARE ALL OVERRULED.PLAINTIFF'S SHALL SUBMIT A JUDGMENT IN THIS MATTER.CASE DISPOSED BEFORE TRIAL - SUMMARY JUDGMENTCASE DISPOSED IN ENTIRETYHEARING BEFORE TRIALENTERED BY: JCENTERED BY: P. OKUBO - ADDITION TO ENTRY ADDED 1/26/12 PER REQUEST OF COURT.REQUEST FOR DISMISSAL FILED BY ATTY FOR PLTF AS TO DISMISSAL OF PLTFS 1ST CAUSE OF ACTION ONLY.

REQUEST FOR DISMISSAL FILED BY ATTY FOR PLTF AS TO DISMISSAL OF PLTFS 1ST CAUSE OF ACTION ONLY.

JUDGMENT FOR PLTF. MITCHELL SIMS AGAINST DEFTS; CALIF. DEPT OF CORRECTIONS AND REHAB; MATTHEWCATE JUDGMENT; DEFTS FAILED TO COMPLY WITH APA WHEN LETHAL INJECTION PROTOCOL WAS ENACTED;DEFT IS PERMANENTLY ENJOINED FROM CARRYING OUT THE EXECUTION OF ANY CONDEMNED INMATE BYLETHAL INJECTIONS UNLESS & UNTIL NEW REGULATIONS ARE PROMULGATED IN COMPLIANCE WITHADMINISTRATIVE PROCEDURE ACT; DEFTS ALSO PERMANENTLY ENJOINED FROM EXECUTION BY LETHAL GASUNTIL REGULATIONS ARE DRAFTED AND APPROVED FOLLOWING SUCCESSFUL COMPLETION OF APA REVIEW;DEFTS ALSO PERMANENTLY ENJOINED FROM CARRYING OUT EXECUTION OF FEMALE INMATES UNTILREGULATIONS GOVERING EXECUTION OF FEMALE INMATES IS DRAFTED AND APPROVED FOLLOWING REVIEWBY APA. JUDGE FAYE D'OPALCOPY OF PLAINTIFF'S FINAL JUDGMENT AS TO PLAINTIFF MITCHELL SIMS FILED 2-21-12 PLACED IN WILL-CALL INENVELOPE UNDER "H" FOR ATTY. HAUSMAN. NO STAMPED, RETURN ENVELOPE PROVIDED.NOTICE OF APPEAL FILED BY DEFENDANTS CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONAND MATTHEW CATE FROM THE FINAL JUDGMENT AS TO PLAINTIFF MITCHELL SIMS, FILED 02/21/2012. FEEEXEMPT.PER REPORTER'S INVOICE, TRUST REC 169176; $325.00, $88.00 PAID TO DANA DIBASILIO, AND $237.00 RETURNTO PAYER.ATTY FOR PLTF IS NOT JULIAN Y WALDOAPPELLANTS' REPLY BRIEF REC'D AND FORWARDED TO JUDGE D'OPAL (2 COPIES)REC'D. SERVICE COPY OF APPLICATION FOR PERMISSION TO FILE AND BRIEF AMICI CURIAE OF BRADLEY S.WINCHELL AND KERMIT ALEXANDER IN SUPPORT OF NEITHER PARTY IN APPEAL FROM KENT S.SCHEIDEGGEER, ATTORNEY FOR AMICI CURIAE; FORWARDED TO JUDGE D'OPAL.RECEIVED LETTER FROM MICHAEL J. QUINN, DEPUTY ATTORNEY GENERAL, DEPT. OF JUSTICE, TO CLERK OFTHE COURT, COURT OF APPEAL, 1ST APPEALLATE DISTRICT, RE: EXECUTION OF CONDEMNED FEMALE INMATESTHE THE ADMINISTRATIVE PROCEDURE ACT IN COURT OF APPEAL # A135290 (SEE FILE FOR COMPLETEDETAILS); COPY TO JUDGE D'OPAL.RECEIVED OPINION FILED 05/30/2013 IN COURT OF APPEAL CASE # A135290: FOR THE FOREGOING REASONS,PARAGRAPHS 4 AND 5 OF THE JUDGMENT ARE HEREBY VACATED. THE JUDGMENT IS AFFIRMED INSOFAR AS ITDECLARES THAT THE CDCR'S LETHAL INJECTION PROTOCOL (CAL. CODE REGS., TIT. 15, SECTIONS 3349-3349.4.6) IS INVALID FOR SUBSTANTIAL FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE APA, ANDPERMANENTLY ENJOINS THE CDCR FROM CARRYING OUT THE EXECUTION OF ANY CONDEMNED INMATE BYLETHAL INJECTION UNLESS AND UNTIL NEW REGULATIONS GOVERNING LETHAL INJECTION EXECUTION AREPROMULGATED IN COMPLIANCE WITH THE APA. EACH PARTY SHALL BEAR ITS OWN COSTS ON APPEAL. (SEEFILE FOR COMPLETE DETAILS.) COPY TO JUDGE D'OPAL.REMITTITUR FILED. IN COURT OF APPEAL # A135290: EACH PARTY SHALL BEAR ITS OWN COSTS ON APPEAL.COPY TO JUDGE D'OPAL.MINUTE ORDER POSTEDEX PARTE MINUTE ORDER ***** IN CHAMBER MINUTE ORDER *****JUDGE/PROTEM/REFEREE PAUL HAAKENSON , REPORTER NOT REPORTED , DEP CLK J. CHARIFAORDER AFTER REMITTITUR FILED.COPIES OF ORDER MAILED TO PARTIES BY THE JUDICIAL SECRETARY.COURT'S RULING:PURSUANT TO THE ORDER OF THE COURT OF APPEAL AND THE REMITTITUR HAVING BEEN FILED, IT IS HEREBYORDERED: 1. PARAGRAPHS 4 AND 5 OF THE FINAL JUDGMENT SIGNED BY THE HONORABLE FAYE D'OPAL ONFEBRUARY 21, 2012 ARE STRICKEN FROM THE JUDGMENT.ENTERED BY: JCIT IS ORDERED: ORDER AFTER REMITTITUR; PARAGRAPHS 4 AND 5 OF FINAL JUDGMENT ARE STRICKEN FROMJUDGMENT. JUDGE HAAKENSONMINUTE ORDER POSTED

COPY OF PLAINTIFF'S FINAL JUDGMENT AS TO PLAINTIFF MITCHELL SIMS FILED 2-21-12 PLACED IN WILL-CALL INENVELOPE UNDER "H" FOR ATTY. HAUSMAN. NO STAMPED, RETURN ENVELOPE PROVIDED.NOTICE OF APPEAL FILED BY DEFENDANTS CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONAND MATTHEW CATE FROM THE FINAL JUDGMENT AS TO PLAINTIFF MITCHELL SIMS, FILED 02/21/2012. FEEEXEMPT.PER REPORTER'S INVOICE, TRUST REC 169176; $325.00, $88.00 PAID TO DANA DIBASILIO, AND $237.00 RETURNTO PAYER.ATTY FOR PLTF IS NOT JULIAN Y WALDOAPPELLANTS' REPLY BRIEF REC'D AND FORWARDED TO JUDGE D'OPAL (2 COPIES)REC'D. SERVICE COPY OF APPLICATION FOR PERMISSION TO FILE AND BRIEF AMICI CURIAE OF BRADLEY S.WINCHELL AND KERMIT ALEXANDER IN SUPPORT OF NEITHER PARTY IN APPEAL FROM KENT S.SCHEIDEGGEER, ATTORNEY FOR AMICI CURIAE; FORWARDED TO JUDGE D'OPAL.RECEIVED LETTER FROM MICHAEL J. QUINN, DEPUTY ATTORNEY GENERAL, DEPT. OF JUSTICE, TO CLERK OFTHE COURT, COURT OF APPEAL, 1ST APPEALLATE DISTRICT, RE: EXECUTION OF CONDEMNED FEMALE INMATESTHE THE ADMINISTRATIVE PROCEDURE ACT IN COURT OF APPEAL # A135290 (SEE FILE FOR COMPLETEDETAILS); COPY TO JUDGE D'OPAL.RECEIVED OPINION FILED 05/30/2013 IN COURT OF APPEAL CASE # A135290: FOR THE FOREGOING REASONS,PARAGRAPHS 4 AND 5 OF THE JUDGMENT ARE HEREBY VACATED. THE JUDGMENT IS AFFIRMED INSOFAR AS ITDECLARES THAT THE CDCR'S LETHAL INJECTION PROTOCOL (CAL. CODE REGS., TIT. 15, SECTIONS 3349-3349.4.6) IS INVALID FOR SUBSTANTIAL FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE APA, ANDPERMANENTLY ENJOINS THE CDCR FROM CARRYING OUT THE EXECUTION OF ANY CONDEMNED INMATE BYLETHAL INJECTION UNLESS AND UNTIL NEW REGULATIONS GOVERNING LETHAL INJECTION EXECUTION AREPROMULGATED IN COMPLIANCE WITH THE APA. EACH PARTY SHALL BEAR ITS OWN COSTS ON APPEAL. (SEEFILE FOR COMPLETE DETAILS.) COPY TO JUDGE D'OPAL.REMITTITUR FILED. IN COURT OF APPEAL # A135290: EACH PARTY SHALL BEAR ITS OWN COSTS ON APPEAL.COPY TO JUDGE D'OPAL.MINUTE ORDER POSTEDEX PARTE MINUTE ORDER ***** IN CHAMBER MINUTE ORDER *****JUDGE/PROTEM/REFEREE PAUL HAAKENSON , REPORTER NOT REPORTED , DEP CLK J. CHARIFAORDER AFTER REMITTITUR FILED.COPIES OF ORDER MAILED TO PARTIES BY THE JUDICIAL SECRETARY.COURT'S RULING:PURSUANT TO THE ORDER OF THE COURT OF APPEAL AND THE REMITTITUR HAVING BEEN FILED, IT IS HEREBYORDERED: 1. PARAGRAPHS 4 AND 5 OF THE FINAL JUDGMENT SIGNED BY THE HONORABLE FAYE D'OPAL ONFEBRUARY 21, 2012 ARE STRICKEN FROM THE JUDGMENT.ENTERED BY: JCIT IS ORDERED: ORDER AFTER REMITTITUR; PARAGRAPHS 4 AND 5 OF FINAL JUDGMENT ARE STRICKEN FROMJUDGMENT. JUDGE HAAKENSONMINUTE ORDER POSTED

NOTICE OF APPEAL FILED BY DEFENDANTS CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONAND MATTHEW CATE FROM THE FINAL JUDGMENT AS TO PLAINTIFF MITCHELL SIMS, FILED 02/21/2012. FEEEXEMPT.PER REPORTER'S INVOICE, TRUST REC 169176; $325.00, $88.00 PAID TO DANA DIBASILIO, AND $237.00 RETURNTO PAYER.ATTY FOR PLTF IS NOT JULIAN Y WALDOAPPELLANTS' REPLY BRIEF REC'D AND FORWARDED TO JUDGE D'OPAL (2 COPIES)REC'D. SERVICE COPY OF APPLICATION FOR PERMISSION TO FILE AND BRIEF AMICI CURIAE OF BRADLEY S.WINCHELL AND KERMIT ALEXANDER IN SUPPORT OF NEITHER PARTY IN APPEAL FROM KENT S.SCHEIDEGGEER, ATTORNEY FOR AMICI CURIAE; FORWARDED TO JUDGE D'OPAL.RECEIVED LETTER FROM MICHAEL J. QUINN, DEPUTY ATTORNEY GENERAL, DEPT. OF JUSTICE, TO CLERK OFTHE COURT, COURT OF APPEAL, 1ST APPEALLATE DISTRICT, RE: EXECUTION OF CONDEMNED FEMALE INMATESTHE THE ADMINISTRATIVE PROCEDURE ACT IN COURT OF APPEAL # A135290 (SEE FILE FOR COMPLETEDETAILS); COPY TO JUDGE D'OPAL.RECEIVED OPINION FILED 05/30/2013 IN COURT OF APPEAL CASE # A135290: FOR THE FOREGOING REASONS,PARAGRAPHS 4 AND 5 OF THE JUDGMENT ARE HEREBY VACATED. THE JUDGMENT IS AFFIRMED INSOFAR AS ITDECLARES THAT THE CDCR'S LETHAL INJECTION PROTOCOL (CAL. CODE REGS., TIT. 15, SECTIONS 3349-3349.4.6) IS INVALID FOR SUBSTANTIAL FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE APA, ANDPERMANENTLY ENJOINS THE CDCR FROM CARRYING OUT THE EXECUTION OF ANY CONDEMNED INMATE BYLETHAL INJECTION UNLESS AND UNTIL NEW REGULATIONS GOVERNING LETHAL INJECTION EXECUTION AREPROMULGATED IN COMPLIANCE WITH THE APA. EACH PARTY SHALL BEAR ITS OWN COSTS ON APPEAL. (SEEFILE FOR COMPLETE DETAILS.) COPY TO JUDGE D'OPAL.REMITTITUR FILED. IN COURT OF APPEAL # A135290: EACH PARTY SHALL BEAR ITS OWN COSTS ON APPEAL.COPY TO JUDGE D'OPAL.MINUTE ORDER POSTEDEX PARTE MINUTE ORDER ***** IN CHAMBER MINUTE ORDER *****JUDGE/PROTEM/REFEREE PAUL HAAKENSON , REPORTER NOT REPORTED , DEP CLK J. CHARIFAORDER AFTER REMITTITUR FILED.COPIES OF ORDER MAILED TO PARTIES BY THE JUDICIAL SECRETARY.COURT'S RULING:PURSUANT TO THE ORDER OF THE COURT OF APPEAL AND THE REMITTITUR HAVING BEEN FILED, IT IS HEREBYORDERED: 1. PARAGRAPHS 4 AND 5 OF THE FINAL JUDGMENT SIGNED BY THE HONORABLE FAYE D'OPAL ONFEBRUARY 21, 2012 ARE STRICKEN FROM THE JUDGMENT.ENTERED BY: JCIT IS ORDERED: ORDER AFTER REMITTITUR; PARAGRAPHS 4 AND 5 OF FINAL JUDGMENT ARE STRICKEN FROMJUDGMENT. JUDGE HAAKENSONMINUTE ORDER POSTED

by Deputy Attorney General Thomas S. Patterson for California Department of Corrections & Rehabilitations and Matthew Cate (defendants); notice of appeal filed in the superior court on 04/26/2012

as to California Department of Corrections & Rehabilitations et al. appeal

nan

appellant's notice designating record on appeal; notice filed in the superior court on 05/07/2012; designation of clerk and reporter transcripts

Dep. Co. Clerk Joey Dale's Declaration Re: Clerk's Transcript, dated 5-9-12, re: The following items listed in the Appellant's designation of the Clerk's Transcript, filed on May 7, 2012, were not found in the trial court's file: 1. #16 [Proposed] Order Ruling on Defendant's Objections to Plaintiffs' Evidence in Support of Plaintiffs' Motion for Summary Judgment, Designated as Filed 10/21/2011 If the parties wish to include the above documents in the Clerk's Transcripts they shall have 10 days within the date of mailing of this declaration to submit copies that bear the Filed Stamp or the Received Stamp of the Marin County Superior Court. If Filed/Received copies are not received within the specified time, then the superior court clerk shall proceed with the Clerk's Transcript under CRC Rule 8.122. The following items were found, but not under the dates specified: 1. #2 Defendant's General Denial - Designated as Filed 09/02/2010 - Found Filed 10/12/2010 2. #3-14. Motion For Summary Judgment & "Related Docs" - Designated as Filed 09/02/2011 - Found Filed 08/12/2011

notice issued by the superior court on 05/22/2012