Tolbert v. Contra Costa County Martinez Detention Facility et al
Plaintiff: Joel Tolbert, III
Defendant: Contra Costa County Martinez Detention Facility, John Shiffer, J. Vankleek, Sgt. P. Murphy, Contra Costa County Medical, David O. Livingston, Sonia Sutherland, Doctor Kaji, Nurse Jessica and Contra Costa County
Case Number: 5:2021cv09673
Filed: December 15, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Edward J Davila
Referring Judge: PSLC HHL
2 Judge: PSLC RMH
3 Judge: Kandis A Westmore
4 Judge: Jeffrey S White
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2023 Filing 69 Remark: Copy of Minutes setting next Settlement Conference emailed to litigation coordinator at Plaintiff's housing institution. (glm, COURT STAFF) (Filed on 11/16/2023)
November 15, 2023 Filing 68 Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Settlement Conference held on 11/15/2023. Plaintiff to provide documents to Defendants in support of his claims and damages assessment. Further Settlement Conference set for 12/13/2023 01:00 PM in McKinleyville, Videoconference Only. Digital Recording Time: Not recorded. Plaintiff Joel Tolbert, pro se. Defendant attorney: Sean Rodriguez with Risk Manager, Sarah Ely. Attachment: Minutes. (glm, COURT STAFF) (Date Filed: 11/15/2023)
November 6, 2023 Filing 67 Letter from Joel Tolbert, III. (Attachments: #1 Envelope)(cv, COURT STAFF) (Filed on 11/6/2023)
October 19, 2023 Filing 66 REQUEST PLAINTIFF'S INTERROGATORIES TO DEFENDANT, SET ONE by Joel Tolbert, III. (krp, COURT STAFF) (Filed on 10/19/2023)
October 19, 2023 Filing 65 REQUEST PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANTS, SET ONE by Joel Tolbert, III. (krp, COURT STAFF) (Filed on 10/19/2023)
October 19, 2023 Filing 64 REQUEST PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS by Joel Tolbert, III. (Attachments: #1 Envelope)(krp, COURT STAFF) (Filed on 10/19/2023)
October 13, 2023 Filing 63 NOTICE in Support of Subpoena by Joel Tolbert, III (Attachments: #1 Exhibit, #2 Subpoena, #3 Certificate/Proof of Service, #4 Envelope)(krp, COURT STAFF) (Filed on 10/13/2023)
October 12, 2023 Filing 62 NOTICE In Support of Request for Service by Joel Tolbert, III re #61 Notice (Other) (Attachments: #1 Envelope)(krp, COURT STAFF) (Filed on 10/12/2023)
October 12, 2023 Filing 61 NOTICE to Court Requesting Service Defendant Paul Murphy After Stayed Proceedings by Joel Tolbert, III (krp, COURT STAFF) (Filed on 10/12/2023)
October 6, 2023 Filing 60 NOTICE to California Men's Colony Records Department (Re: Contra Costa County Counsel Subpoena Filed) by Joel Tolbert, III (krp, COURT STAFF) (Filed on 10/6/2023)
October 6, 2023 Filing 59 NOTICE to California Men's Colony Medical Records Department (Re: Contra Costa County Counsel Subpoena Filed) by Joel Tolbert, III (Attachments: #1 Certificate/Proof of Service, #2 Envelope)(krp, COURT STAFF) (Filed on 10/6/2023)
October 6, 2023 Filing 58 REQUEST - SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION California Men's Colony Records Department by Joel Tolbert, III. (Attachments: #1 Certificate/Proof of Service)(krp, COURT STAFF) (Filed on 10/6/2023)
October 6, 2023 Filing 57 REQUEST - SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION California Men's Colony Medical Records Department by Joel Tolbert, III. (Attachments: #1 Certificate/Proof of Service, #2 Envelope)(krp, COURT STAFF) (Filed on 10/6/2023)
September 20, 2023 Opinion or Order Filing 56 Order Setting Settlement Conference before Magistrate Judge Robert M. Illman. Settlement Conference set for 11/15/2023 10:00 AM in McKinleyville, Videoconference Only. Signed by Judge Robert M. Illman on 9/20/2023. (glm, COURT STAFF) (Filed on 9/20/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
September 20, 2023 Opinion or Order Filing 55 ORDER REFERRING CASE TO SETTLEMENT PROCEEDINGS; STAYING CASE; STAYING PENDING MOTIONS; INSTRUCTIONS TO CLERK. Signed by Judge Edward J. Davila on 9/20/2023. (crr, COURT STAFF) (Filed on 9/20/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). A copy of this Order was mailed to Plaintiff and emailed to Magistrate Judge Illman.
September 20, 2023 CASE REFERRED to Magistrate Judge Robert M. Illman for Settlement (mkl, COURT STAFF) (Filed on 9/20/2023)
August 21, 2023 Filing 54 MOTION for Leave to File an Oversized Brief, MOTION to Construe Defendant's Administrative Motion as Their Reply Brief to Plaintiff's Opposition Motion and Request for Judicial Notice. ( re #52 ADMINISTRATIVE MOTION), filed by Joel Tolbert, III. Responses due by 9/18/2023. Replies due by 10/2/2023. (Attachments: #1 Certificate/Proof of Service, #2 Envelope)(dhm, COURT STAFF) (Filed on 8/21/2023)
August 14, 2023 Filing 53 REPLY (re #35 MOTION to Dismiss THE SECOND AMENDED COMPLAINT ) filed byContra Costa County Martinez Detention Facility, Jessica, Kaji, David O. Livingston, John Shiffer, Sonia Sutherland, J. Vankleek. (Rodriquez, Sean) (Filed on 8/14/2023)
August 2, 2023 Filing 52 ADMINISTRATIVE MOTION to Strike Plaintiff's Opposition to Defendants' Motion to Dismiss (ECF No. 49) and Request for Judicial Notice (ECF No. 50) re #49 Opposition/Response to Motion, #50 Request for Judicial Notice CORRECTION OF DOCKET # 51 filed by Contra Costa County Martinez Detention Facility, Jessica, Kaji, David O. Livingston, John Shiffer, Sonia Sutherland, J. Vankleek. Responses due by 8/7/2023. (Rodriquez, Sean) (Filed on 8/2/2023)
August 1, 2023 Filing 51 *Filing Error. See dkt #52 for correction* MOTION to Strike #49 Opposition/Response to Motion, #50 Request for Judicial Notice filed by Contra Costa County Martinez Detention Facility, Jessica, Kaji, David O. Livingston, John Shiffer, Sonia Sutherland, J. Vankleek. Responses due by 8/29/2023. Replies due by 9/12/2023. (Rodriquez, Sean) (Filed on 8/1/2023) Modified on 8/2/2023 (sfb, COURT STAFF).
July 31, 2023 Filing 50 Request for Judicial Notice filed by Joel Tolbert, III. (Attachments: #1 Proposed Order, #2 Envelope)(sfb, COURT STAFF) (Filed on 7/31/2023)
July 31, 2023 Filing 49 OPPOSITION (re #35 MOTION to Dismiss THE SECOND AMENDED COMPLAINT ) filed by Joel Tolbert, III. (Attachments: #1 Envelope)(sfb, COURT STAFF) (Filed on 7/31/2023)
July 5, 2023 Opinion or Order Filing 48 ORDER DENYING #47 SECOND MOTION FOR APPOINTMENT OF COUNSEL. Signed by Judge Edward J. Davila on 7/5/2023. (crr, COURT STAFF) (Filed on 7/5/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). A copy of this Order was mailed to Plaintiff
June 28, 2023 Filing 47 MOTION to Appoint Counsel filed by Joel Tolbert, III. (Attachments: #1 Certificate/Proof of Service, #2 Envelope)(sfb, COURT STAFF) (Filed on 6/28/2023)
June 26, 2023 Opinion or Order Filing 46 ORDER GRANTING #44 MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO #35 DEFENDANTS MOTION TO DISMISS. Signed by Judge Edward J. Davila on 6/26/2023. (crr, COURT STAFF) (Filed on 6/26/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). A copy of this Order was mailed to Plaintiff.
June 22, 2023 Filing 45 NOTICE to Court by Joel Tolbert, III (Attachments: #1 Certificate/Proof of Service, #2 Envelope)(sfb, COURT STAFF) (Filed on 6/22/2023)
June 20, 2023 Filing 44 MOTION for Extension of Time to File Opposition as to #35 MOTION to Dismiss THE SECOND AMENDED COMPLAINT filed by Joel Tolbert, III. (Attachments: #1 Certificate/Proof of Service, #2 Envelope)(sfb, COURT STAFF) (Filed on 6/20/2023)
June 6, 2023 Filing 43 CERTIFICATE OF SERVICE by Contra Costa County Martinez Detention Facility, Kaji, David O. Livingston, John Shiffer, Sonia Sutherland, J. Vankleek PROOF OF SERVICE ON PLAINTIFF RE NOTICE TO COURT RE STATUS OF SERGEANT PAUL MURPHY (ECF No. 39) (Rodriquez, Sean) (Filed on 6/6/2023)
June 5, 2023 Filing 42 NOTICE by Contra Costa County Martinez Detention Facility, Kaji, David O. Livingston, John Shiffer, Sonia Sutherland, J. Vankleek NOTICE TO COURT RE: STATUS OF SERGEANT PAUL MURPHY (Rodriquez, Sean) (Filed on 6/5/2023)
May 25, 2023 Filing 41 CERTIFICATE OF SERVICE by Joel Tolbert, III re #37 Admissions Response ( Non Motion ) (Attachments: #1 Envelope)(sfb, COURT STAFF) (Filed on 5/25/2023)
May 25, 2023 Filing 40 CERTIFICATE OF SERVICE by Joel Tolbert, III re #38 Notice to Clerk (Attachments: #1 Envelope)(sfb, COURT STAFF) (Filed on 5/25/2023)
May 22, 2023 Opinion or Order Filing 39 ORDER DIRECTING PLAINTIFF TO PROVIDE MORE INFORMATION FOR UNSERVED DEFENDANT SGT. P. MURPHY; REQUESTING COUNTY COUNSEL TO PROVIDE STATUS. Signed by Judge Edward J. Davila on 5/22/2023. (crr, COURT STAFF) (Filed on 5/22/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). A copy of this Order was mailed to Plaintiff.
May 22, 2023 Filing 38 NOTICE by Joel Tolbert, III (Attachments: #1 Envelope)(sfb, COURT STAFF) (Filed on 5/22/2023)
May 18, 2023 Filing 37 RESPONSE to Admissions, Set One by Joel Tolbert, III. (Attachments: #1 Envelope)(sfb, COURT STAFF) (Filed on 5/18/2023)
May 16, 2023 Filing 36 WAIVER OF SERVICE Returned Executed filed by Kaji, John Shiffer, Jessica, David O. Livingston, Contra Costa County Martinez Detention Facility, J. Vankleek, Sonia Sutherland. Service waived by Kaji waiver sent on 5/15/2023, answer due 7/14/2023; John Shiffer waiver sent on 5/15/2023, answer due 7/14/2023; Jessica waiver sent on 5/15/2023, answer due 7/14/2023; David O. Livingston waiver sent on 5/15/2023, answer due 7/14/2023; Contra Costa County Martinez Detention Facility waiver sent on 5/15/2023, answer due 7/14/2023; J. Vankleek waiver sent on 5/15/2023, answer due 7/14/2023; Sonia Sutherland waiver sent on 5/15/2023, answer due 7/14/2023. (Attachments: #1 Cover Letter)(sfb, COURT STAFF) (Filed on 5/16/2023)
May 15, 2023 Filing 35 MOTION to Dismiss THE SECOND AMENDED COMPLAINT filed by Contra Costa County Martinez Detention Facility, Jessica, Kaji, David O. Livingston, John Shiffer, Sonia Sutherland, J. Vankleek. Responses due by 6/12/2023. Replies due by 6/26/2023. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Rodriquez, Sean) (Filed on 5/15/2023)
April 19, 2023 Filing 34 NOTICE of Change of Address by Joel Tolbert, III (Attachments: #1 Envelope)(cv, COURT STAFF) (Filed on 4/19/2023)
March 14, 2023 Filing 33 REQUEST FOR WAIVER of Service sent to Nurse Jessica on 03/14/2023. Waiver of Service due by 5/15/2023. (sfb, COURT STAFF) (Filed on 3/14/2023)
March 14, 2023 Filing 32 REQUEST FOR WAIVER of Service sent to Dr. Kaji on 03/14/2023. Waiver of Service due by 5/15/2023. (sfb, COURT STAFF) (Filed on 3/14/2023)
March 14, 2023 Filing 31 REQUEST FOR WAIVER of Service sent to Director Sonia Sutherland on 03/14/2023. Waiver of Service due by 5/15/2023. (sfb, COURT STAFF) (Filed on 3/14/2023)
March 14, 2023 Filing 30 REQUEST FOR WAIVER of Service sent to Sgt. P. Murphy on 03/14/2023. Waiver of Service due by 5/15/2023. (sfb, COURT STAFF) (Filed on 3/14/2023)
March 14, 2023 Filing 29 REQUEST FOR WAIVER of Service sent to Deputy J. Vankleek on 03/14/2023. Waiver of Service due by 5/15/2023. (sfb, COURT STAFF) (Filed on 3/14/2023)
March 14, 2023 Filing 28 REQUEST FOR WAIVER of Service sent to Deputy John Shiffer on 03/14/2023. Waiver of Service due by 5/15/2023. (sfb, COURT STAFF) (Filed on 3/14/2023)
March 14, 2023 Filing 27 REQUEST FOR WAIVER of Service sent to Sheriff David O. Livingston on 03/14/2023. Waiver of Service due by 5/15/2023. (sfb, COURT STAFF) (Filed on 3/14/2023)
March 14, 2023 Filing 26 REQUEST FOR WAIVER of Service sent to Martinez Detention Facility on 03/14/2023. Waiver of Service due by 5/15/2023. (sfb, COURT STAFF) (Filed on 3/14/2023)
March 14, 2023 Filing 25 NOTICE of Change of Address by Joel Tolbert, III. Docket updated. (sfb, COURT STAFF) (Filed on 3/14/2023)
March 13, 2023 Opinion or Order Filing 24 ORDER OF SERVICE; DIRECTING DEFENDANTS TO FILE DISPOSITIVE MOTION OR NOTICE REGARDING SUCH MOTION; INSTRUCTIONS TO CLERK. Signed by Judge Edward J. Davila on 3/13/2023. (crr, COURT STAFF) (Filed on 3/13/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). A copy of this Order was mailed to Plaintiff.
December 23, 2022 Filing 23 NOTICE of Change of Address by Joel Tolbert, III (docket updated) (Attachments: #1 Envelope)(dhm, COURT STAFF) (Filed on 12/23/2022)
November 1, 2022 Filing 22 SECOND AMENDED COMPLAINT against P. Murphy, John Shiffer, J. Vankleek, David O. Livingston, Sonia Sutherland, Kaji, Jessica, Contra Costa County. Filed byJoel Tolbert, III. (Attachments: #1 Envelope)(dhm, COURT STAFF) (Filed on 11/1/2022)
October 11, 2022 Opinion or Order Filing 21 ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE SECOND AMENDED COMPLAINT. (crr, COURT STAFF) (Filed on 10/11/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). A copy of this Order has been mailed to Plaintiff.
October 6, 2022 Filing 20 NOTICE of Change of Address by Joel Tolbert, III. Docket updated. (sfb, COURT STAFF) (Filed on 10/6/2022)
October 4, 2022 Filing 19 MOTION for Extension of Time to File Amended Complaint filed by Joel Tolbert, III. (Attachments: #1 Envelope)(sfb, COURT STAFF) (Filed on 10/4/2022)
September 15, 2022 Opinion or Order Filing 18 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL. Signed by Judge Edward J. Davila on 9/15/2022. (crr, COURT STAFF) (Filed on 9/15/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). A copy of this order was mailed to Plaintiff
September 1, 2022 Opinion or Order Filing 17 ORDER OF DISMISSAL WITH LEAVE TO AMEND. Amended Complaint due by 9/29/2022. Signed by Judge Edward J. Davila on 9/1/2022. (crr, COURT STAFF) (Filed on 9/1/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). A copy of this Order along with two copies of the court's form complaint have been mailed to Plaintiff.
July 27, 2022 Filing 16 MOTION to Appoint Counsel filed by Joel Tolbert, III. (Attachments: #1 Exhibit, #2 Envelope)(sfb, COURT STAFF) (Filed on 7/27/2022)
May 31, 2022 Filing 15 REQUEST for Issuance of Summons by Joel Tolbert, III. (sfb, COURT STAFF) (Filed on 5/31/2022)
April 28, 2022 Opinion or Order Filing 14 ORDER Granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Edward J. Davila on 4/28/2022. (crr, COURT STAFF) (Filed on 4/28/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). A copy of this Order and Instructions has been mailed to the Plaintiff, the Prison Trust Account, and has been emailed to the Court's Finance Department.
April 28, 2022 Opinion or Order Filing 13 ORDER GRANTING LEAVE TO FILE AMENDED COMPLAINT. Signed by Judge Edward J. Davila on 4/28/2022. (crr, COURT STAFF) (Filed on 4/28/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). A copy of this Order has been mailed to Plaintiff.
April 7, 2022 Filing 12 AMENDED COMPLAINT against Contra Costa County Martinez Detention Facility, Contra Costa County Medical, P. Murphy, John Shiffer, J. Vankleek. Filed by Joel Tolbert, III. (Attachments: #1 Envelope)(sfb, COURT STAFF) (Filed on 4/7/2022)
March 18, 2022 Filing 11 NOTICE to clerk by Joel Tolbert, III (cv, COURT STAFF) (Filed on 3/18/2022)
January 6, 2022 Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joel Tolbert, III. (sfb, COURT STAFF) (Filed on 1/6/2022)
January 5, 2022 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Judge Jeffrey S. White no longer assigned to case, Signed by the Clerk on 1/5/2022. (anj, COURT STAFF) (Filed on 1/5/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
January 4, 2022 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Signed by the Clerk on 1/4/2022. (anj, COURT STAFF) (Filed on 1/4/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
January 4, 2022 Filing 7 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (wft, COURT STAFF) (Filed on 1/4/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
January 3, 2022 Filing 6 DEMAND for Trial by Jury by Joel Tolbert, III. (Attachments: #1 Envelope)(sfb, COURT STAFF) (Filed on 1/3/2022)
January 3, 2022 Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joel Tolbert, III. (Attachments: #1 Envelope)(sfb, COURT STAFF) (Filed on 1/3/2022)
December 15, 2021 Filing 3 Notice of Assignment of Prisoner Case to Magistrate Judge (cv, COURT STAFF) (Filed on 12/15/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
December 15, 2021 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Joel Tolbert, III. (cv, COURT STAFF) (Filed on 12/15/2021)
December 15, 2021 Filing 1 COMPLAINT against Contra Costa County Martinez Detention Facility, Contra Costa County Medical, P. Murphy, John Shiffer, J. Vankleek. Filed byJoel Tolbert, III. Consent/Declination due by 1/14/2022. (Attachments: #1 Envelope)(cv, COURT STAFF) (Filed on 12/15/2021)

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Search for this case: Tolbert v. Contra Costa County Martinez Detention Facility et al
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Plaintiff: Joel Tolbert, III
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Defendant: Contra Costa County Martinez Detention Facility
Represented By: Sean Michael Rodriquez
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Defendant: John Shiffer
Represented By: Sean Michael Rodriquez
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Defendant: J. Vankleek
Represented By: Sean Michael Rodriquez
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Defendant: Sgt. P. Murphy
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Defendant: Contra Costa County Medical
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Defendant: David O. Livingston
Represented By: Sean Michael Rodriquez
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Defendant: Sonia Sutherland
Represented By: Sean Michael Rodriquez
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Defendant: Doctor Kaji
Represented By: Sean Michael Rodriquez
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Defendant: Nurse Jessica
Represented By: Sean Michael Rodriquez
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Defendant: Contra Costa County
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