Valdivia, et al v. Schwarzenegger, et al

Filing 1733

ORDER signed by Judge Lawrence K. Karlton on 12/22/2011 ORDERING that the court finds that plaintiff's 1716 motion to reconsider the magistrate judge's order is DENIED as MOOT. It follows from the joint statement that the magistrate judge's order denying plaintiffs motion to compel informal interviews of county jail staff is also moot, and is vacated.(Duong, D)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY VALDIVIA, ALFRED YANCY,
and HOSSIE WELCH, on their own
behalf and on behalf of the class
of all persons similarly situated,
NO. CIV. S-94-671 LKK/GGH

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Plaintiffs,
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v.

O R D E R

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EDMUND G. BROWN, JR., Governor of
the State of California, et al.,
Defendants.
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Pending before the court is a motion by plaintiffs for

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reconsideration of the Magistrate Judge’s October 14, 2011 order

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denying plaintiff’s motion to compel informal interviews of staff

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in county jails in charge of assigning hearing rooms and hearing

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space and in charge of security and escort functions for parole

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proceedings. Plaintiffs asserted that some of the rooms used

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imposed a barrier between parolees and all other participants, and

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that those barriers were inconsistent with due process. Placer

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County, which is not a party to this suit, opposed the motion.
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Shortly

before

the

hearing

scheduled

on

this

matter,

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plaintiffs and defendants filed a joint statement that resolves the

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dispute

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including Butte County, may be used for parole proceedings.

by

specifying

which

rooms

at

several

county

jails,

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Accordingly, the court finds that plaintiff’s motion to

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reconsider the magistrate judge’s order, ECF No. 1716, is DENIED

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as MOOT. It follows from the joint statement that the magistrate

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judge’s

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interviews of county jail staff is also moot, and is vacated.

order

denying

plaintiffs’

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IT IS SO ORDERED.

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DATED: December 22, 2011.

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2

motion

to

compel

informal