Valdivia, et al v. Schwarzenegger, et al

Filing 1863

ORDER signed by Judge Lawrence K. Karlton on 11/20/2013 DECERTIFYING the plaintiff class as certified by 76 Order; TERMINATING 1034 Stipulated Order for Permanent Injunctive Relief; DIRECTING the Clerk of Court to close this case. CASE CLOSED. (Michel, G)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13

JERRY VALDIVIA, ALFRED YANCY,
and HOSSIE WELCH, on their
own behalf and on behalf of
the class of all persons
similarly situated,

14
15
16

No. CIV. S-94-671 LKK/GGH

ORDER

Plaintiffs,
v.

17

EDMUND G. BROWN, JR.,
Governor of the State of
California, et al.,

18

Defendants.

19
20

On July 2, 2013, the court issued an Order finding this case

21

to be moot. (ECF No. 1845.) The Order directed the parties and

22

the Special Master to file final motions for fees and costs

23

within twenty-eight days, and advised the parties that, after

24

resolving these motions, the court would decertify the class and

25

dismiss this case.

26

On July 29, 2013, the parties filed a joint stipulation and

27

proposed Order regarding outstanding fees and costs. (ECF

28

No. 1850.) The court has entered this Order. (ECF No. 1852.)
1

1

On November 18, 2013, the Special Master filed a declaration

2

indicating that no further fees or expenses are owed to him in

3

this matter. (ECF No. 1862.) The court thanks the Special Master

4

for his service.

5

One matter remains. In response to plaintiffs’ motion for

6

reconsideration (ECF No. 1849), the court issued an Order, dated

7

September 10, 2013, which provided in pertinent part:

8

Defendants are DIRECTED to maintain the
injunctive relief previously ordered in this
matter in place for those alleged parole
violators who were arrested prior to July 1,
2013, but whose alleged parole violations
have not yet been addressed by defendants.
Defendants are FURTHER DIRECTED to file a
declaration no later than October 1, 2013
apprising the court as to the status of these
alleged parole violators’ cases, and to
continue doing so on the first of each month
thereafter, until all of the outstanding
cases have been disposed of. Thereafter, the
court will resolve the outstanding motions
for fees and costs, decertify the class, and
dismiss this case. (ECF No. 1859).

9
10
11
12
13
14
15
16
17
18

Defendants subsequently filed a declaration averring that all

19

parole revocation proceedings for alleged parole violators who

20

were arrested before July 1, 2013 have been completed. (ECF

21

No. 1861.)

22
23

In light of the foregoing, the court hereby orders as
follows:

24

[1] The plaintiff class, certified by Order dated December

25

1, 1994 (Dkt. No. 76), is DECERTIFIED.

26

////

27

////

28
2

1

[2] The Stipulated Order for Permanent Injunctive Relief

2

(ECF No. 1034) is TERMINATED.

3
4

[3] The Clerk of the Court is DIRECTED to close this case.

5

IT IS SO ORDERED.

6

DATED:

November 20, 2013.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3