Case: Clark v. California

Clark v. State of California

Clark v. Wilson

Clark v. State of California

Clark v. Wilson

Clark v. State of California

Clark v. State of California

Clark v. Wilson

Margo Schlanger

COMPLAINT Summons(es) issued; Fee status pd entered on 4/22/96 in the amount of $ 120.00 ( Receipt No. 121127) [3:96-cv-01486] (ls, COURT STAFF) (Entered: 04/23/1996)

ORDER RE COURT PROCEDURE and SCHEDULE (ADR Pilot) by Judge Fern M. Smith : Proof of service to be filed by 6/6/96 ; counsels' case management statement to be filed by 8/20/96 ; initial case management conference will be held 8:30 8/30/96 . (cc: all counsel) [3:96-cv-01486] (ls, COURT STAFF) (Entered: 04/23/1996)

NOTICE by Plaintiff of related case(s) C80-0012 MHP, C90-3094 TEH; C94-2307 CW. [3:96-cv-01486] (ls, COURT STAFF) (Entered: 05/09/1996)

RETURN OF SERVICE unexecuted - attempted as to defendant State of California, defendant CA Dept of Corr, defendant Pete Wilson, defendant Joseph Sandoval, defendant James Gomez, defendant Kyle S. McKinsey, defendant Nadim Khoury, defendant John S. Zil [3:96-cv-01486] (ls, COURT STAFF) (Entered: 05/09/1996)

SUMMONS issued as to State of California, CA Dept of Corr, Pete Wilson, Joseph Sandoval, James Gomez, Kyle S. McKinsey, Nadim Khoury, John S. Zil [3:96-cv-01486] (ls, COURT STAFF)

ORDER by Judge Claudia Wilken DENYING related case notice as to actions 4:94-cv-2307 CW and 3:96-cv-1486 FMS. (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 07/24/1996)

ORDER by Judge Marilyn H. Patel DENYING related case notice as to actions 3:80-cv-12 MHP and 3:96-cv-1486 FMS. (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 07/24/1996)

RECEIVED Stipulation and Proposed Order ( plaintiffs Derrick Clark, Ambrose Woods ) to extend date for filing proofs of service or waivers [3:96-cv-01486] (lcc, COURT STAFF)

STIPULATION and ORDER by Judge Fern M. Smith : extending date to file proofs of service or waivers of proofs of service to 7/8/96 (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 06/11/1996)

WAIVER OF SERVICE by defendants served on 7/3/96 in response to the Request for Waiver sent on 5/29/96 [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 07/03/1996)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Fern M. Smith by defendants Pete Wilson, Joseph Sandoval, James Gomez, Kyle S. McKinsey, Nadim Khoury to dismiss with Notice set for 8/16/96 at 10:00 am [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 07/12/1996)

STIPULATION and ORDER by Judge Fern M. Smith: setting hearing on defendants' motion to dismiss [7-1] 10:00 9/20/96; plaintiff's opposition must be filed and served no later than 28 days before the hearing date; defendants' reply due 14 days before the hearing date; Continuing Case Management Conference to 8:30 9/20/96; (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 07/24/1996)

MEMORANDUM by Plaintiffs Derrick Clark, Ambrose Woods in support of ex parte application for leave to file opposition to motion to dismiss in excess of twenty-five pages [11-1] [3:96-cv-01486] (lcc, COURT STAFF) Modified on 08/05/1996 (Entered: 08/05/1996)

DECLARATION by Caroline N. Mitchell on behalf of Plaintiffs Derrick Clark, Ambrose Woods in support re ex parte application for leave to file opposition to motion to dismiss in excess of twenty-five pages [11-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 08/05/1996)

RECEIVED Proposed Order (Plaintiffs Derrick Clark, Ambrose Woods) re: ex parte application for leave to file opposition to motion to dismiss in excess of twenty-five pages [11-1] [3:96-cv-01486] (lcc, COURT STAFF)

ORDER by Judge Fern M. Smith GRANTING plaintiffs' ex parte application for leave to file opposition to motion to dismiss in excess of twenty-five pages [11-1], not to exceed thirty pages of text. (Date Entered: 8/7/96) (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 08/07/1996)

OPPOSITION by Plaintiffs Derrick Clark, Ambrose Woods to motion to dismiss [7-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 08/27/1996)

RECEIVED Stipulation re disclosure of documents to co-counsel [3:96-cv-01486] (mcl, COURT STAFF)

RECEIVED Stipulated Protective Order [3:96-cv-01486] (lcc, COURT STAFF)

STIPULATION re Disclosure of Documents to Co-Counsel. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 08/27/1996)

STIPULATION and ORDER by Judge Fern M. Smith: for protective order (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 08/27/1996)

REPLY BRIEF by defendants Pete Wilson, James Gomez, Joseph Sandoval, Nadim Khoury, Kyle S. McKinsey in support re motion to dismiss [7-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 09/06/1996)

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 09/11/1996)

ORDER by Chief Judge Thelton E. Henderson advising that case 3:90-cv-3094 TEH is not related to 3:96-cv-1486 FMS. (Date Entered: 9/12/96) (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 09/12/1996)

STATEMENT OF RECENT DECISION submitted by Plaintiffs [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 09/17/1996)

STATEMENT OF RECENT DECISION submitted by Plaintiffs [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 09/20/1996)

MINUTES: (C/R none) Defendants' motion to dismiss [7-1] - matter taken off calendar. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 09/23/1996)

ORDER by Judge Fern M. Smith CONTINUING hearing on defendants' motion to dismiss [7-1] 10:00 9/27/96 (Date Entered: 9/23/96) (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 09/23/1996)

STATEMENT OF RECENT DECISION submitted by Plaintiffs [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 09/24/1996)

STIPULATION and ORDER by Judge Fern M. Smith: CONTINUING hearing on defendants' motion to dismiss [7-1] 10:00 10/4/96; Case Management Conference continued to 8:30 10/4/96 (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 09/26/1996)

ORDER by Judge Fern M. Smith DENYING in part defendants' motion to dismiss [7-1] plaintiffs' RA and ADA claims, and equal protection and Eight Amendment claims; GRANTING in part defendants' motion to dismiss plaintiffs' due process claim. Plaintiffs' are GRANTED leave to amend their complaint within thirty (30) days as to their due process claim (Date Entered: 10/2/96) (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 10/02/1996)

ORDER by Judge Fern M. Smith VACATING hearing on defendants' motion to dismiss currently scheduled for 10/4/96 at 10:00 am; Case Management Conference set for 8:30 10/4/96 (Date Entered: 10/2/96) (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 10/02/1996)

MINUTES: (C/R none) INITIAL CASE MANAGEMENT CONFERENCE HELD. Parties to go forward with class certify motion. Discovery to be limited to issues in class certify motion. Parties to work out guidelines for taking depos of potential class members. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 10/15/1996)

RECEIVED Proposed Order (defendants) of Certification of Interlocutory Appeal [3:96-cv-01486] (lcc, COURT STAFF)

NOTICE OF APPEAL by defendants from Dist. Court decision order [26-2] Fee status paid [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 10/08/1996)

Copy of notice of appeal and docket sheet to all counsel [3:96-cv-01486] (lcc, COURT STAFF)

Docket fee notification form and case information sheet to USCA [28-1] [3:96-cv-01486] (lcc, COURT STAFF)

CERTIFICATE of Record mailed to USCA, counsel notified. [3:96-cv-01486] (lcc, COURT STAFF)

ORDER by Judge Fern M. Smith certification of interlocutory appeal (Date Entered: 10/9/96) (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 10/09/1996)

COPY of USCA Order: 96-80385 that the petition for permission to appeal under U.S.C. 1292(b) is DENIED. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 10/28/1996)

NOTIFICATION by US Circuit Court of Appellate Docket Number 96-16952 [3:96-cv-01486] (lcc, COURT STAFF)

FIRST AMENDED COMPLAINT [1-1] by Plaintiffs; adding Larry Dixon Jr., Milton Silva, Jack Von Gunten, Mark Mitchell Morino [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 11/01/1996)

ANSWER by defendant to first amended complaint [32-1]; jury demand [3:96-cv-01486] (ml, COURT STAFF) (Entered: 11/18/1996)

RECEIVED Proposed Stipulated Extension Order ( Plaintiff) [3:96-cv-01486] (ml, COURT STAFF)

STIPULATION and ORDER by Judge Fern M. Smith : extending time to file class certification motion (cc: all counsel) [3:96-cv-01486] (ml, COURT STAFF) (Entered: 11/20/1996)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Fern M. Smith by Plaintiffs to certify class action with Notice set for 2/21/97 at 10:00 am [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/10/1997)

DECLARATION by Mark A. Chavez on behalf of Plaintiffs in support re motion to certify class action [35-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/10/1997)

DECLARATION by Shawn Hanson on behalf of Plaintiffs in support re motion to certify class action [35-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/10/1997)

DECLARATION by Donald Specter on behalf of Plaintiffs in support re motion to certify class action [35-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/10/1997)

DECLARATION by Adam E. Sak on behalf of Plaintiffs in support re motion to certify class action [35-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/13/1997)

RECEIVED Proposed Order (Plaintiffs) re: motion to certify class action [35-1] [3:96-cv-01486] (lcc, COURT STAFF)

ORDER by Judge Fern M. Smith Case Management Conference set for 8:30 2/21/97 (Date Entered: 1/29/97) (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/29/1997)

OPPOSITION by defendants to motion to certify class action [35-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/03/1997)

DECLARATION by William Jenkins on behalf of defendants in support re opposition [41-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/03/1997)

REPLY by Plaintiffs to opposition to motion to certify class action [35-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/10/1997)

DECLARATION by Caroline N. Mitchell on behalf of Plaintiffs in support re motion reply [43-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/10/1997)

LETTER dated 2/5/97 from Caroline N. Mitchell to Judge Fern M. Smith re discovery dispute. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/12/1997)

MINUTES: (C/R none) Telephone Status Conference held; parties to reach stipulation re Protective Order. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/12/1997)

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/14/1997)

RECEIVED Stipulation and Proposed Order Re In Camera Inspection of Confidential Inmate Information Subject to the Official Information Privilege [3:96-cv-01486] (lcc, COURT STAFF)

MINUTES: (E/R Helen Almacen - Tape 2870) Case Managment Conference held; plaintiffs' motion to certify class action [35-1] is SUBMITTED. Case Management Conference continued to 11:00 6/13/97; Pretrial conference set for 2:30 3/30/98; Trial will be held 8:30 5/4/98 [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/27/1997)

STIPULATION and ORDER by Judge Fern M. Smith Re: In Camera Inspection of Confidential Inmate Information Subject to the Official Information Privilege (please see order for more details). (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/25/1997)

ORDER by Judge Fern M. Smith GRANTING plaintiffs' motion to certify class action [35-1]. The class shall consist of all present and future individuals with developmental disabilities who are under the control of the California Department of Corrections. The term "developmentally disabled" is applied and used as defined in California Welfare & Institutions Code section 4512(a). (Date Entered: 2/27/97) (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/27/1997)

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 05/30/1997)

MINUTES: (E/R Helen Almacen - Tape 2944) Case Management Conference held and continued to 8:30 11/7/97 for further Status; Discovery cutoff set for 12/31/97; Pretrial conference set for 2:30 4/13/98; Trial will be held 8:30 5/4/98. State has a continuing obligation to produce documents. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 06/16/1997)

CASE MANAGEMENT ORDER by Judge Fern M. Smith: Pretrial Summary Judgment motions will be filed by 1/13/98; oppositions due 2/3/98; replies due 2/17/98; Discovery cutoff 2/20/98; Motions hearing date 10:00 3/6/98; Pre-trial conference will be held 2:30 4/13/98; Trial set for 8:30 5/4/98 . Est.trial days: 25. (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 06/17/1997)

REQUEST by defendant for in camera review [3:96-cv-01486] (ml, COURT STAFF) (Entered: 07/17/1997)

RECEIVED documents for in camera review submitted by defendant [3:96-cv-01486] (ml, COURT STAFF)

ORDER "FILED UNDER SEAL" (Date Entered: 7/29/97) (cc: all counsel) [3:96-cv-01486] (scu, COURT STAFF) (Entered: 07/29/1997)

CERTIFIED COPY of USCA Order: 96-16952 AFFIRMING the decision of the District Court [28-1]. [3:96-cv-01486] (scu, COURT STAFF) (Entered: 09/23/1997)

CLERK's letter spreading the mandate to counsel. re appeal [28-1] [3:96-cv-01486] (scu, COURT STAFF) (Entered: 09/23/1997)

COPY of USCA Order: the appellees' motion to transfer appellate fee application to the district court is GRANTED. [3:96-cv-01486] (mcl, COURT STAFF) (Entered: 10/21/1997)

ORDER by Judge Fern M. Smith: Status Conference scheduled for 11/7/97 is VACATED. (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 11/03/1997)

LETTER dated 12/15/97 from William Jenkins to Judge Fern M. Smith re discovery dispute. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 12/17/1997)

ORDER by Judge Fern M. Smith: Telephone Status conference set for 8:30 12/19/97 re discovery dispute. (Date Entered: 12/17/97) (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 12/17/1997)

MINUTES: (C/R none) (Hearing Date: 12/19/97) Telephone Status Conference held. Court extended the discovery cutoff until 1/30/98 and the motion for summary judgment for 30 days. Defendant directed to fax list to the Court. Court will either arrange a phone conference or issue a written ruling regarding the parties discovery dispute. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 12/24/1997)

LETTER dated 12/22/97 from Caroline N. Mitchell to Judge Fern M. Smith re discovery dispute. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 12/24/1997)

ORDER by Judge Fern M. Smith Re: Discovery (please see order for specific details). (Date Entered: 12/24/97) (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 12/24/1997)

LETTER dated 12/22/97 from William Jenkins to Judge Fern M. Smith in response to plaintiffs' correspondence date 12/22/97 regarding the outstanding discovery dispute. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 12/30/1997)

RECEIVED Stipulation and Proposed Order (Plaintiffs and Defendants) to extend time for plaintiffs to bring discovery dispute/motion to compel for limited issues [3:96-cv-01486] (lcc, COURT STAFF)

STIPULATION and ORDER by Judge Fern M. Smith: Plaintiffs may raise any discovery dispute with the Court relating to defendants receipt and use of federal funding until and including 2/10/98; and plaintiffs may raise any discovery dispute witht he Court relating to the HDSP Documents until and including 2/10/98. (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/15/1998)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Fern M. Smith by Plaintiffs for leave to file a second amended complaint and certifying a subclass with Notice set for 2/20/98 at 10:00 am [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/16/1998)

DECLARATION by Adam E. Sak on behalf of Plaintiffs in support re motion for leave to file a second amended complaint [67-1] and motion certifying a subclass [67-2] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/16/1998)

RECEIVED Proposed Order (Plaintiffs) re: motion for leave to file a second amended complaint [67-1] and motion certifying a subclass [67-2] [3:96-cv-01486] (lcc, COURT STAFF)

ERRATA by Plaintiffs to motion for leave to file a second amended complaint [67-1] and motion certifying a subclass [67-2] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/21/1998)

PROOF OF SERVICE by Plaintiffs of errata [69-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/21/1998)

RETURN OF SERVICE executed upon William Jenkins (personally served Pam Montoya, Receptionist) on 11/15/97 of motion for leave to file a second amended complaint and certifying a subclass with supporting documents thereof. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/27/1998)

LETTER dated 1/27/98 from Caroline N. Mitchell to Judge Fern M. Smith seeking the Court's assistance in resolving a discovery dispute. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/29/1998)

MINUTES: (C/R Judy Thompsen) (Hearing Date: 1/28/98) Telephone Status Conference held. Briefing schedule set for motion on assessment procedure: plaintiffs' brief due 2/3/98; defendants' opposition due 2/6/98; reply due 2/10/98. Parties are to agree to a proposed order re stopping interviews until ruling on motion. [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/29/1998)

ORDER by Judge Fern M. Smith SUSPENDING defendants' overview of adaptive functioning of absent class members. (cc: all counsel) [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/02/1998)

REPORTER'S TRANSCRIPT; Date of proceedings: 1/28/98 (C/R: Judith Thomsen) minutes [73-2] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 01/30/1998)

NOTICE OF CROSS-MOTION AND CROSS-MOTION before Judge Fern M. Smith by State defendants seeking a stay, or, in the alternative continuance of the Trial and Pretrial dates with Notice set for 2/20/98 at 10:00 am [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/02/1998)

DECLARATION by Steven Cambra, Jr. on behalf of State defendants in support re cross-motion seeking a stay [76-1] and cross-motion continuance of the Trial and Pretrial dates [76-2] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/02/1998)

DECLARATION by Williams Jenkins on behalf of State defendants in opposition to motion for leave to file a second amended complaint [67-1], in support re cross-motion seeking a stay [76-1] and cross-motion continuance of the Trial and Pretrial dates [76-2] [3:96-cv-01486] (lcc, COURT STAFF) Modified on 02/02/1998 (Entered: 02/02/1998)

OPPOSITION by State defendants to motion for leave to file a second amended complaint [67-1], motion certifying a subclass [67-2] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/02/1998)

RECEIVED Proposed Order (State defendants) re: cross-motion seeking a stay [76-1] and cross-motion continuance of the Trial and Pretrial dates [76-2] [3:96-cv-01486] (lcc, COURT STAFF)

NOTICE OF MOTION AND MOTION before Judge Fern M. Smith by Plaintiffs for protective order terminating defendants' overview of adaptive functioning of absent class members [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/04/1998)

DECLARATION by Adam E. Sak on behalf of Plaintiffs in support re motion for protective order terminating defendants' overview of adaptive functioning of absent class members [80-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/04/1998)

RECEIVED Proposed Order (Plaintiffs) re: motion for protective order terminating defendants' overview of adaptive functioning of absent class members [80-1] [3:96-cv-01486] (lcc, COURT STAFF)

OPPOSITION by State defendants to motion for protective order terminating defendants' overview of adaptive functioning of absent class members [80-1] [3:96-cv-01486] (lcc, COURT STAFF) (Entered: 02/09/1998)