Rouser v. White, et al
| William Rouser |
| Theo White, James Gomez, J. Yates, Matthew Cates, P Ortiz, B. Flores and Brian Haws |
| American Civil Liberties Union of Northern California |
| 2:1993cv00767 |
| February 3, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Gregory G. Hollows |
| Lawrence K. Karlton |
| Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
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Filing
530
ORDER granting 527 Motion to approve the settlement and transfer venue to Central District of California, Western Division signed by Judge Lawrence K. Karlton on 10/17/11: The hearing on the joint motion currently scheduled for October 24, 2011 is VACATED. (Kaminski, H)
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Filing
524
ORDER signed by Senior Judge Lawrence K. Karlton on 7/27/10 ORDERING the court DISMISSES intervenor Sims from this action for his failure to keep the court apprised of his current address; and the court MODIFIES its order granting the motion to intervene 519 to include A. McCarter as an intervenor. (Carlos, K)
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Filing
522
ORDER signed by Senior Judge Lawrence K. Karlton on 6/30/2010 ORDERING The interveners shall inform the court w/in 14 days if they accept representation by CILS. A failure to respond will be deemed acceptance of CILS. (2) The court currently lacks ju risdiction over its order granting, in part, plaintiffs motion for a preliminary injunction. Accordingly, it cannot hear the motion to reconsider the order at this time. Because the parties have represented that they are actively engaged in mediation , the court declines at this time to request that the Ninth Circuit Court of Appeals allow this court to reconsider its order granting, in part, plaintiffs motion for a preliminary injunction. If mediation is unsuccessful, the parties are ORDERED to inform the court within seven (7) days of the end of mediation. It is the courts understanding that the interveners may participate in the mediation. Attorneys from CILS may only participate in the mediation if the interveners consent to representation by them. (3) The Clerk of Court is instructed to serve this order and the May 24, 2010 order, Dkt. No. 519, upon the intervening members of the Spotted Eagle Circle.(Matson, R)
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Filing
519
ORDER signed by Senior Judge Lawrence K. Karlton on 5/24/2010 ORDERING that the 518 motion to intervene, is GRANTED. The court has determined that it may be appropriate to appoint counsel for the interveners. For this reason, the court orders the Clerk of Court to serve copies of this order, the court's order granting in part plaintiff's 509 motion for a preliminary injunction, and the 517 518 interveners motions, upon California Indian Legal Services at the following addresse s: 609 S. Escondido Boulevard Escondido, CA 92025; and 3814 Auburn Boulevard, Suite 72 Sacramento, CA 95821. California Indian Legal Services shall inform the court within thirty (30) days of the issuance of this order whether it will represent the interveners in this action. If the organization declines to represent the interveners the court will seek alternative volunteer counsel for them. The court stays enforcement of the April 15, 2010 order pending resolution of the intervener's moti on to reconsider as to only the following relief: that defendants grant Mr. Rouser access to the fire pit adjacent to the Native American sweat lodge during religious services; that when Wiccan services are scheduled, defendants must allow Mr. Rouser to access the outdoor, nature-based religious area for group services for the entire scheduled time, unless the Yard is on modified program and no religious group is allowed to meet that day only insofar as access to this area interferes with the interveners' religious practice. (cc California Indian Legal Services w/#509, 517, 518)(Duong, D)
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Filing
512
STIPULATION AND ORDER signed by Senior Judge Lawrence K. Karlton on 4/28/2010 ORDERING 509 the Court issued an order for a preliminary injunction. Defendants will appeal that order to the Court of Appeal for the 9th Circuit. Dfts will file that app eal on or before 5/7/2010. The parties have conferred with the Chief Circuit Mediator and have agreed to participate in the mediation of the case in its entirety, including, but not limited to the preliminary injunction order, the appeal of this Cour t's order denying qualified immunity for dfts Gomez and White, and any additional cases or matters which they agree to mediate. The parties are considering mediation dates in late May or early June of 2010. The Chief Circuit Mediator has advised the parties that a stay of the appeal will be issued pending mediation, when dfts' appeal is filed. Because of those facts, the parties agree that dfts are not required to first seek a stay of enforcement of the preliminary injunction in the di strict court. If the parties are unable to mediate the dispute, and the stay of the appeal pending mediation is lifted, the parties agree that pltf can move the district court for enforcement of the preliminary injunction, and dfts can oppose that mo tion or move for a stay in the 9th Circuit Court of Appeal. In the event the parties are unable to mediate the dispute, and the stay of appeal is lifted, the parties agree that the preliminary injunction will take effect as if entered by the Court on the date the stay of appeal is lifted. (Reader, L) Modified on 4/29/2010 (Reader, L).
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Filing
509
ORDER signed by Senior Judge Lawrence K. Karlton on 4/15/2010 GRANTING 425 Plaintiff's motion for a preliminary injunction, as to the relief described; and the court further ORDERS that plaintiff shall not be required to post bond. (Reader, L)
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Filing
501
ORDER denying 460 dfts' Motion to Dismiss, signed by Senior Judge Lawrence K. Karlton on 3/9/2010. (Kastilahn, A)
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Filing
498
ORDER signed by Senior Judge Lawrence K. Karlton on 3/2/10 ORDERING that Defendants' Request to vacate evidentiary heraing 495 is DENIED. Defendants have filed a reply to Plaintiff's opposition. In this reply, defendants raise several objections that will be heard at the hearing. If Plaintiff is unable to procure Ms. Morgenstern's appearance at the hearing, these objections will be moot. (Mena-Sanchez, L)
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Filing
490
ORDER DIRECTING USM to serve * amended complaint * filed on * 12/15/09,* on * P Ortiz, B. Flores, Brian Haws*, signed by Senior Judge Lawrence K. Karlton on 2/22/10 ORDERING that the clerk is directed to forward plaintiff's instructions for service, the completed summons, copies of the complaint and this order to the USM. The clerk is directed to serve plaintiff with local rules. (cc USM Priority) (Becknal, R)
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Filing
482
ORDER signed by Senior Judge Lawrence K. Karlton on 2/8/2010 ORDERING that an evidentiary hearing is set for the purpose of obtaining testimony of Lisa Morgenstern on 3/3/2010 at 10:00 AM. The hearing for 425 Motion for Preliminary Injunction and [ 460] Motion to Dismiss is CONTINUED to 3/3/2010. Dfts shall inform the court by 2/10/2010 whether it should (a) strike Exhibit J Attachment 2 to Dfts' Opposition to Pltf's Motion for Preliminary Injunction, (b) redact the names of the conf idential informants contained in this exhibit and serve the redacted exhibit to pltf, or (c) designate the exhibit to be for attorneys' eyes only and serve the exhibit to pltf's counsel. Pltf may file a response, if any, by 2/12/2010. (Engbretson, K.)
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Filing
467
ORDER signed by Senior Judge Lawrence K. Karlton on 2/3/2010 ORDERING that Because defendant's opposition is due tomorrow, the court tentatively grants defendant's 465 motion to file Exhibit J, Attachment 2 under seal, and subject only to in camera review. Plaintiff shall file an opposition or statement of nonopposition to defendants' motion to file documents under seal on or before February 9, 2010. Depending on the court's resolution of this motion, plaintiff may seek a reasonable extension of time to file his reply brief to his motion for a preliminary injunction, which is currently set to be filed on or before February 12, 2010.(Duong, D)
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Filing
464
ORDER signed by Senior Judge Lawrence K. Karlton on 1/29/2010, ORDERING the Clerk to send pltf three blank USM-285 forms; and within 30 days, pltf shall submit to the court the completed USM-285 forms required to effect service.(Kastilahn, A)
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Filing
450
ORDER signed by Senior Judge Lawrence K. Karlton on 12/10/2009 re 434 Motion to Supplement the Complaint; this Motion 434 is DENIED as to pltf's initial request to add a claim for damages as to dft Haws; this Motion 434 is otherwise GRANTED; pltf shall re-file this complaint as a separate document. (Suttles, J)
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Filing
445
STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 11/10/09: HEARING as to 425 MOTION for Preliminary Injunction set for 2/22/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kaminski, H)
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Filing
440
ORDER signed by Senior Judge Lawrence K. Karlton on 10/7/2009 ORDERING The hearings on 425 Pltf's Motion for Preliminary Injunction and 434 Motion to Supplement the 3rd Amended Complaint, currently calendared for 11/20/2009 at 1:30 p.m., are CONTINUTED to 12/7/2009 at 10:00 a.m., to give the Court sufficient time to rule on the motions before 12/21/2009, the date of pltf's Yule. The current briefing schedule is amended as followed: Dfts shall submit either an opposition or a statem ent of non-opposition to each motion by 11/5/2009, unless the matter has settled before that time or the Court has further continued the matter. Pltf's reply briefs shall be submitted no later than 11/19/2009. (Reader, L) Modified on 10/9/2009 (Plummer, M).
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Filing
415
STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 4/14/09 ORDERING that the page limitation to Defendant's Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment is extended to 18 pages.(Mena-Sanchez, L)
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Filing
400
ORDER signed by Senior Judge Lawrence K. Karlton on 2/11/09 ORDERING that 393 dfts' request for leave to file a 32 pg memo of law in support of their motion for summary judgment is GRANTED. (Kastilahn, A)
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