George N. Allen v. Mayberg et al

Filing 84

ORDER Appointing Attorney Joe Ramsey as Pro Bono Local Co-Counsel for Plaintiffs; ORDER Directing the Executor or Heirs of Harold Carmony to File a Motion for Substitution of Party in this Case Within Ninety (90) Days if they Wish to Continue to Purs ue the Lawsuit; ORDER DENYING 81 Motion for Permissive Joinder; and ORDER DENYING AS MOOT 82 Motion to Proceed In Forma Pauperis, signed by Chief Judge B. Lynn Winmill on 9/1/2011. cc: Judge David O. Carter, Joe Ramsey and Timothy J. Seeboth. (Jessen, A)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
GEORGE N. ALLEN, et al.,
Plaintiff,
v.

Case No. 1:06-CV-01801-BLW-LMB
(consolidated cases)
ORDER

STEPHEN MAYBERG, et al.,
Defendants.
(lead)
Including the following member cases:
1:-07-CV-00427-BLW (Gonzales)
1:07-CV-00834-BLW (Amadeo)
1:07-CV-00849-BLW (Brown)
1:07-CV-00850-BLW (DeBerry)
1:07-CV-00851-BLW (McNeal)
1:07-CV-00897-BLW (Scott)
1:07-CV-00913-BLW (Smith)
1:07-CV-00985-BLW (Scott)
1:07-CV-01558-BLW (Carmony)
1:08-CV-01196-BLW (Chaney)
1:08-CV-01339-BLW (Robinson)
1:09-CV-01890-BLW (Rhoden)
1:09-CV-02153-BLW (Frazier)
1:10-CV-01973-BLW (Vasquez)

Pending before the Court are various matters, which the Court now addresses.

ORDER - 1

1.

Appointment of Local Counsel
This case is currently on a triage track with United States District Judge David O.

Carter. The Court has been given notice by the Court Pro Bono Coordinators in the
Eastern District of California and Idaho that California Attorney Joe Ramsey is willing to
accept an appointment as pro bono local co-counsel for Plaintiffs in this case to assist the
University of Idaho Legal Clinic attorneys and student-attorneys, and, therefore, the
Court will so appoint him.
Questions regarding appointment may be directed to Sujean Park in the Eastern
District of California (916-930-4278) or Susie Boring-Headlee in the District of Idaho
(208-334-9067).
Mr. Ramsey’s contact information is as follows:
Joe Ramsey
601 University Ave. Suite 250
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
[e-mail].
Plaintiffs shall not contact Mr. Ramsey, but shall wait for Mr. Ramsey to contact
them.
2.

Notice of Plaintiff Harold Carmony’s Death and Timothy J. Seeboth’s Motion
for Permissive Joinder
Timothy J. Seeboth, a Coalinga State Hospital patient, has notified the Court that

Plaintiff Harold Carmony passed away in June 2011, and that Carmony executed a
limited will before his death to dispose of his Coalinga Hospital property. It appears that
ORDER - 2

the limited will leaves the Coalinga Hospital property of Mr. Carmony to Mr. Seeboth as
beneficiary. Whether the will is valid and the meaning of the will is yet to be determined,
is a matter of state law, and is not an appropriate matter to be addressed in this case.
Mr. Seeboth has provided nothing showing that Mr. Carmony intended to leave
the right to pursue and obtain remedy via this civil rights lawsuit, if any rights remain, to
Mr. Seeboth, either as a beneficiary or an executor. Accordingly, the Court will not
permit Mr. Seeboth to be added to this lawsuit.
By this Order, the Court gives notice to the heirs of Mr. Carmony, that they must
file a motion for substitution of party in this case within 90 days of this Order if they
wish to continue to pursue the lawsuit. In that notice they shall provide notice of which
claims they intend to pursue, and provide a legal basis for their pursuit as heirs or
executors of Mr. Carmony’s estate, including a legal basis showing the claims have not
abated. Defendants need not file further notice of Mr. Carmony’s death.
The Court also notifies Mr. Seeboth that one of the outcomes of the case may be to
create a general rule or policy governing use of personal computers that will apply to all
similarly-situated patients at the Coalinga State Hospital. Thus, if Mr. Seeboth becomes
the successive owner of Mr. Carmony’s computer, then Mr. Seeboth will be able to take
advantage of the rule or policy created either by settlement or judgment in this lawsuit
without the need for individual participation. Because of the age of this case, the Court is
not inclined to join new plaintiffs at this time, but Mr. Seeboth is free to send a letter of
inquiry to Plaintiff’s counsel when there has been a final determination of ownership of
ORDER - 3

Mr. Carmony’s computer.
ORDER
IT IS ORDERED:
1.

Attorney Joe Ramsey is appointed to as pro bono local co-counsel for
Plaintiffs in this case to assist the University of Idaho Legal Clinic attorneys
and student-attorneys.

2.

Plaintiffs shall not contact Mr. Ramsey, but shall wait for Mr. Ramsey to
contact them.

3.

The executor or heirs of Harold Carmony must file a motion for substitution
of party in this case within 90 days of this Order if they wish to continue to
pursue the lawsuit. In that notice they shall provide notice of which claims
they intend to pursue, and provide a legal basis for their pursuit as heirs or
executors of Mr. Carmony’s estate, including a legal basis showing the
claims have not abated. Failure to file such a notice will result in dismissal
without prejudice of Mr. Carmony’s claims.

4.

Timothy J. Seeboth’s Motion for Permissive Joinder (Dkt. 81) is DENIED.

5.

Timothy J. Seeboth’s Motion to Proceed in Forma Pauperis (Dkt. 82) is
DENIED as MOOT.

6.

The Clerk of Court shall send a copy of this Order to Judge David O.
Carter, Joe Ramsey, and Timothy J. Seeboth.
DATED: September 1, 2011

ORDER - 4

Honorable B. Lynn Winmill
Chief U. S. District Judge

ORDER - 5