Smith et al v. Schwarzenegger et al

Filing 80

MEMORANDUM DECISION AND ORDER RE Plaintiff's Objections to Findings and Recommendations signed by District Judge Lawrence J. O'Neill on 7/30/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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COREY LAMAR SMITH, et al.,

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Plaintiffs,

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1:14-CV-00060-LJO-SAB
MEMORANDUM DECISION AND
ORDER RE PLAINTIFFS’
OBJECTIONS TO FINDINGS AND
RECOMMENDATIONS (DOC. 70)

v.
ARNOLD SCHWARZENEGGER, et al.,

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Defendants.

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I. INTRODUCTION
Plaintiffs are former and current inmates at Pleasant Valley State Prison (“PVSP”) in Coalinga,

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15 California or Avenal State Prison (“ASP”) in Avenal, California, who contracted “Valley Fever” during
16 their terms of incarceration. Doc. 2 (“Compl.”) at ¶ 1. This case is one of four related suits brought by
17 various Plaintiffs who contracted Valley Fever while incarcerated. See Jackson v. State of California,
18 1:13-CV-1055-LJO-SAB; Beagle v. Schwarzenegger, 1:14-CV-430-LJO-SAB; Abukar v.
19 Schwarzenegger, 1:14-CV-816-LJO-SAB. Plaintiffs bring this suit against Defendants,1 various former
20 and current government officials and former and current employees of PVSP, for their roles in causing
21 Plaintiffs to contract Valley Fever. Id.
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Defendants are Arnold Schwarzenegger, Former Governor of California; Edmund G. Brown, Governor of California;

23 Jeffrey A. Beard, Secretary, California Department of Corrections and Rehabilitation; Paul D. Brazelton
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Former Warden, Pleasant Valley State Prison; Matthew Cate, Former Secretary, California Department of Corrections and
Rehabilitation; James D. Hartley, Warden, Avenal State Prison; Susan Hubbard, Former Director, Division of Adult
Operations; Deborah Hysen, Chief Deputy Secretary, Facilities Planning, Construction & Management; Felix Igbinosa,
Medical Director, Pleasant Valley State Prison; Chris Meyer, Senior Chief, Facilities Planning, Construction & Management;
Tanya Rothchild, Former Chief, Classification Services Unit; Dwight Winslow, M.D., Former Medical Director, California
Department of Corrections and Rehabilitation; and James A. Yates, Former Warden, Pleasant Valley State Prison
(collectively, “Defendants”).

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On June 24, 2014, the Magistrate Judge issued Findings and Recommendations (“F&Rs”). Doc.

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70. Plaintiffs filed objections to the F&Rs on July 8, 2014 (Doc. 72) to which Defendants responded on

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July 22, 2014 (Docs. 76, 77).

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Likewise, the Magistrate Judge issued F&Rs in Beagle on June 24, 2014. Beagle, 14-CV-430-

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LJO-SAB, Doc. 64. Plaintiffs filed objections to the F&Rs on July 8, 2014 (id. at Doc. 66) to which

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Defendants responded on July 22, 2014 (id. at Docs. 70, 71). On July 25, 2014, this Court issued a

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decision and order in Beagle resolving the plaintiffs’ objections to the F&Rs issued in that case. Id. at

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Doc. 74 (“the Beagle order”).

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The Court has reviewed the record of this case and that of Beagle and finds they are essentially

10 identical. Specifically, the Court finds the Beagle order to be directly applicable here. That is, the Beagle
11 order resolves Plaintiffs’ pending objections to the F&Rs and explains the extent to which the Court will
12 adopt the F&Rs here. Accordingly, for the reasons more thoroughly explained in the Beagle order, the
13 Court ORDERS that
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Plaintiffs’ second cause of action is DISMISSED WITH LEAVE TO AMEND.

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2.

Plaintiffs’ third cause of action is DISMISSED WITHOUT LEAVE TO AMEND.

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3.

Defendants Winslow, Igbinosa, and Schwarzenegger’s motions to dismiss are
GRANTED WITH LEAVE TO AMEND.

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The Court ADOPTS IN PART the Findings and Recommendations filed on June 24,
2014 (Doc. 70).2

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This is the last time amendment will be allowed. The Court neither has the time nor the

20 responsibility to become authors of amended complaints. Legal direction has been supplied herein—
21 once. Any amended complaint shall be filed on or before August 22, 2014.
22 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill

July 30, 2014

UNITED STATES DISTRICT JUDGE

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As explained in the Beagle order, the Court adopted the F&Rs unless otherwise indicated. See Beagle, 14-CV-430-LJOSAB, Doc. 74, at 2 n. 3. The Court likewise ADOPTS the F&Rs here to the extent the Court did so in Beagle.

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