Edison v. The GEO Group, Inc. et al

Filing 18

ORDER signed by District Judge Anthony W. Ishii on 1/3/2013 vacating 1/7/2013, 1/28/2013 hearing dates and referring pending 6 MOTION to DISMISS and 15 MOTION to DISMISS to Magistrate Judge Sheila Oberto. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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GEO GROUP, Inc., MANAGEMENT & )
TRAINING CORP (MTC) Inc., and
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DOES 1-50,
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Defendants
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____________________________________)
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GREGORY EDISON,
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Plaintiff,
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v.
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UNITED STATES OF AMERICA,
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GEO GROUP, Inc., MANAGEMENT & )
TRAINING CORP (MTC) Inc., and
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DOES 1-50,
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Defendants
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____________________________________)
GREGORY EDISON,
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RELATED CASES
1:12-CV-1654 AWI SKO
1:12-CV-1933 AWI SKO
ORDER VACATING JANUARY 7,
2013 HEARINGS, JANUARY 28, 2013
HEARINGS, AND MARCH 4, 2012
HEARING
ORDER REFERRING PENDING
MOTIONS TO DISMISS TO
MAGISTRATE JUDGE SHEILA
OBERTO

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Plaintiff was a federal prisoner at Taft Correctional Facility (“Taft”). Plaintiff alleges that

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entities running Taft violated state and federal law while Plaintiff was incarcerated there.

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Specifically, Plaintiff contends that Defendants were negligent by housing Plaintiff at a location

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known for Valley Fever (Coccidioidomycosis), failing to properly mitigate Plaintiff’s exposure to

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Valley Fever, and neglecting to appropriately treat Plaintiff’s Valley Fever, after Plaintiff

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contracted it.

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For unknown reasons, Plaintiff has filed a total of three actions concerning these events.1

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The various Defendants in these actions have now filed motions to dismiss and set these motions

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to dismiss for several different hearing dates.

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forth below:

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The court’s understanding of the three cases is set

Case 1:12-cv-1654 AWI SKO, is proceeding on Plaintiff’s First Amended Complaint,

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filed on November 14, 2012.

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America, the GEO Group, and Management & Training Corporation (“MTC”) as Defendants.

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Case 1:12-cv-1654 AWI SKO alleges a negligence cause of action against the United States of

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American, pursuant to the Federal Tort Claims Act, for Defendants’ failure to provide Plaintiff

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with a safe and habitable prison and for the United States of American’s failure to operate and

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maintain Taft in a safe and habitable condition.

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the United States of American breached its duty of care under 18 U.S.C. § 4042(a). Finally, Case

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1:12-cv-1654 AWI SKO alleges that the GEO Group and MTC were negligent in failing to

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provide, operate, and maintain a safe and habitable prison.

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In 1:12-cv-1654 AWI SKO, Plaintiff names the United States of

Case 1:12-cv-1654 AWI SKO also alleges that

Case 1:12-cv-1933 AWI SKO was originally filed in the Kern County Superior Court on

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October 9, 2012. This action names the GEO Group and MTC as Defendants. Case 1:12-cv-

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1933 AWI SKO alleges Defendants were negligent for failing to provide a safe and habitable

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prison and Defendants were negligent in their use of the premises. As with Case 1:12-cv-1654

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AWI SKO, Case 1:12-cv-1933 AWI SKO is also based on allegations that Taft is located on a

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site immersed in the airborne spores that case Valley Fever and Defendants failed to implement

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preventative measures to protect Plaintiff from the infection he now carries.

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Defendants and Plaintiff are citizens of different states, on November 26, 2012, Defendants

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removed Case 1:12-cv-1933 AWI SKO to this court.

Because

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Plaintiff is encouraged to review his three cases. Plaintiff is advised to either dismiss
duplicative cases or request that all cases be consolidated and proceed with an amended
complaint.
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Case 1:12-cv-2026 AWI SKO was filed on December 13, 2012. Case 1:12-cv-2026

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AWI SKO names the United States of America, the GEO Group, and MTC as Defendants. Case

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1:12-cv-2026 AWI SKO alleges a negligence cause of action against the United States of

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American, pursuant to the Federal Tort Claims Act, for the United States of America’s failure to

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provide inmates with a safe and habitable prison and for the United States of American’s failure

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to operate and maintain prison facilities in safe and habitable conditions. Case 1:12-cv-2026

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AWI SKO also alleges the United States of American breached its duty of care under 18 U.S.C. §

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4042(a). Finally, case 1:12-cv-2026 AWI SKO alleges the GEO Group and MTC were negligent

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in failing to provide, operate, and maintain a safe and habitable prison.

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As stated above, multiple motions have been filed in Case 1:12-cv-1654 AWI SKO and

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Case 1:12-cv-1933 AWI SKO.2

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filed a motion to dismiss set for hearing on January 7, 2013; Defendant United States of

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America has filed a motion to dismiss for lack of jurisdiction set for hearing on March 4, 2013;

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and, Defendant MTC has set a motion to dismiss for hearing on January 28, 2013.

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1:12-cv-1933 AWI SKO: Defendant GEO Group filed a motion to dismiss set for hearing on

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January 7, 2013; and, Defendant MTC has set a motion to dismiss for hearing on January 28,

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2013.

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In Case 1:12-cv-1654 AWI SKO: Defendant GEO Group has

In Case

The court has reviewed the five pending motions in Case 1:12-cv-1654 AWI SKO and

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case 1:12-cv-1933 AWI SKO. The pending motions all concern whether Plaintiff has exhausted

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relevant administrative remedies and whether the complaints’ allegations about Taft’s conditions

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state a claim for negligence. Because these cases and the pending motions concern prison

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conditions, the court finds that these motion should be referred to Magistrate Judge Sheila Oberto

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72 for the entry for Findings and

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Recommendations.

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Given the early procedural posture of 1:12-cv-2026 AWI SKO, no motions have yet
been filed in this case.
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Accordingly, it is HEREBY ORDERED that:

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1:12-cv-1933 AWI SKO are REFERRED to Magistrate Judge Sheila Oberto;
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The five pending motions to dismiss in Case 1:12-cv-1654 AWI SKO and Case

The hearing dates before the undersigned on January 7, 2013, January 28, 2013,
and March 4, 2012 are VACATED;

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In the event Magistrate Judge Sheila Oberto desires to hold a hearing on some or

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all of the pending motions, Magistrate Judge Sheila Oberto’s Chambers will

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contact the parties and set a hearing date at Magistrate Judge Sheila Oberto’s

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convenience.

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IT IS SO ORDERED.

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Dated:
0m8i78

January 3, 2013
UNITED STATES DISTRICT JUDGE

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