Hedrick et al v. Grant

Filing 274

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/8/2023 GRANTING 269 Joint Motion for Preliminary Approval of Second Amended Consent Decree. Final Approval Hearing set for 5/17/2023 at 11:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. A joint memorandum of points and authorities in support of final approval shall be filed on or before April 19, 2023. (Attachments: # 1 Notice of Second Amended Consent Decree)(Cannarozzi, N)

Case 2:76-cv-00162-EFB Document 274 Filed 03/09/23 Page 1 of 4

1 CARTER C. WHITE – 164149
KING HALL CIVIL RIGHTS CLINIC
2 U.C. Davis School of Law
One Shields Avenue, Bldg. TB-30
3 Davis, California 95616-8821
Telephone: [phone]
4 Facsimile: [phone]
Email:
[e-mail]
5
MICHAEL W. BIEN – 096891
6 GAY C. GRUNFELD – 121944
MICHAEL FREEDMAN – 262850
7 ALEXANDER GOURSE – 321631
ROSEN BIEN
8 GALVAN & GRUNFELD LLP
101 Mission Street, Sixth Floor
9 San Francisco, California 94105-1738
Telephone: [phone]
10 Facsimile: [phone]
Email:
[e-mail]
[e-mail]
11
[e-mail]
[e-mail]
12

CARL L. FESSENDEN – 161494
JOHN R. WHITEFLEET – 213301
PORTER | SCOTT
A PROFESSIONAL CORPORATION
350 University Avenue, Suite 200
Sacramento, California 95825-6581
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
MICHAEL J. CICCOZZI – 134859
JOSEPH F. LARMOUR – 282496
OFFICE OF THE COUNTY COUNSEL
COUNTY OF YUBA
915 8th Street, Suite 111
Marysville, California 95901-5273
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Defendants

13 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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17 DERRIL HEDRICK, DALE ROBINSON,
KATHY LINDSEY, MARTIN C. CANADA,
18 DARRY TYRONE PARKER, individually and
on behalf of all others similarly situated,
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Plaintiffs,
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v.
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JAMES GRANT, as Sheriff of Yuba County;
22 Lieutenant FRED J. ASBY, as Yuba County
Jailer; JAMES PHARRIS, ROY LANDERMAN,
23 DOUG WALTZ, HAROLD J. “SAM”
SPERBEK, JAMES MARTIN, as members of
24 the YUBA COUNTY BOARD OF
SUPERVISORS,
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Defendants.
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Case No. 2:76-CV-00162-JAM-EFB
[PROPOSED] ORDER GRANTING
JOINT MOTION FOR
PRELIMINARY APPROVAL OF
SECOND AMENDED CONSENT
DECREE AND EXPEDITING
HEARING DATE
Judge:
Date:
Time:
Crtrm.:

Hon. Edmund F. Brennan
March 8, 2023
11:00 a.m.
8, 13th Floor

Trial Date:

None Set

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[4240085.2]

[PROPOSED] ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF SECOND AMENDED
CONSENT DECREE AND EXPEDITING HEARING DATE

Case 2:76-cv-00162-EFB Document 274 Filed 03/09/23 Page 2 of 4

1

The parties’ Joint Motion for Preliminary Approval of Second Amended Consent

2 Decree and Request for Expedited Hearing (“Joint Motion”) came on for hearing before
3 this Court on March 8, 2023. The Court, having considered the pleadings on the Joint
4 Motion, oral argument on the Joint Motion, and the record in this case, and good cause
5 appearing, now finds, as follows:
6

1.

The Court finds that the Second Amended Consent Decree (“SACD”) falls

7 within the range of possible approval and is sufficiently fair to warrant the dissemination
8 of notice to the class members apprising them of the SACD.
9

2.

The proposed SACD is the product of arm’s-length, serious, informed and

10 non-collusive negotiations between experienced and knowledgeable counsel who have
11 actively prosecuted and defended this litigation.
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3.

The Court has already certified a class and appointed class counsel and will

13 likely be able to approve the proposed SACD under Rule 23(e)(2) of the Federal Rules of
14 Civil Procedure.
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4.

The SACD is granted preliminary approval and incorporated herein by this

16 reference, and has the full force and effect of an order of the Court.
17

5.

A hearing is appropriate to consider whether this Court should grant final

18 approval to the SACD, and to allow adequate time for the members of the class, or their
19 counsel, to support or oppose the SACD.
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GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED:

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6.

The parties’ request to expedite the hearing on this Joint Motion for

22 Preliminary Approval of Second Amended Consent Decree for March 8, 2023, at 10:00
23 a.m. is granted.
24

7.

The Notice of Second Amended Consent Decree (“Notice”), attached hereto,

25 is approved. The Notice constitutes valid, due, and sufficient notice to the class,
26 constitutes the best notice practicable under the circumstances, and complies fully with the
27 requirements of Rule 23 of the Federal Rules of Civil Procedure. The proposed forms of
28 Notice apprise class members in a fair and neutral way of the existence of the settlement
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[4240085.2]

[PROPOSED] ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF AMENDED
CONSENT DECREE, APPOINTING CO-COUNSEL FOR CLASS AND EXPEDITING HEARING DATE

Case 2:76-cv-00162-EFB Document 274 Filed 03/09/23 Page 3 of 4

1 with the Defendants and their rights with respect to the settlement.
2

8.

Within three (3) days of this Order, Defendants must post the Notice (1) on

3 the County’s official website (www.co.yuba.ca.us/); and (2) in all Jail facilities operated by
4 Defendants, including, but not limited to, in all dayrooms, all medical clinic spaces, the
5 visiting area, and the intake area in the Yuba County Jail. Copies of the SACD shall be
6 available in the Jail library and made available to class members upon request.
7

9.

Dissemination of the Notice as provided above is hereby authorized and

8 approved, and satisfies the notice requirement of Rule 23(e), Federal Rules of Civil
9 Procedure, the Constitution of the United States, due process and any other applicable
10 rule(s) of this Court. No later than ten (10) days after this Order, Defendants must file and
11 serve on Plaintiffs’ counsel an affidavit affirming that they published notice as required in
12 the Court’s order.
10.

13

Any member of the class may write to the Court about whether the

14 settlement is fair. The Court will consider written communications when deciding whether
15 to approve the settlement. Comments must include at the top of the first page the case
16 name, Hedrick v. Grant, E.D. Cal. No. 2:76-cv-00162-JAM-EFB. Comments must be
17 postmarked no later than thirty-six (36) days after the issuance of this Order, and sent to
18 the following address:
Clerk of the Court
United States District Court
Eastern District of California
501 I Street
Sacramento, CA 9581

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11.

22

A final approval hearing pursuant to Rule 23(e), Federal Rules of Civil

23 Procedure, will be in Courtroom 8 of the undersigned on May 17, 2023 at 11:00 a.m. in the
24 United States District Court for the Eastern District of California, to determine whether the
25 proposed settlement is fair, reasonable and adequate, and whether it should be finally
26 approved by the Court. The hearing may be continued from time to time without further
27 notice.
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[4240085.2]

[PROPOSED] ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF SECOND AMENDED
CONSENT DECREE AND EXPEDITING HEARING DATE

Case 2:76-cv-00162-EFB Document 274 Filed 03/09/23 Page 4 of 4

1

12.

A joint memorandum of points and authorities in support of final approval

2 shall be filed on or before April 19, 2023.
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4

IT IS SO ORDERED.

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6 DATED: March 8, 2023
7

Edmund F. Brennan
United States Magistrate Judge

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[4240085.2]

[PROPOSED] ORDER GRANTING JOINT MOTION FOR PRELIMINARY APPROVAL OF SECOND AMENDED
CONSENT DECREE AND EXPEDITING HEARING DATE