Gilman v. Fisher, et al

Filing 366

ORDER signed by Judge Lawrence K. Karlton on 9/1/11 ORDERING that Mr. King and Mr. Jones' Motion for Reconsideration and Requeest for an Interlocutory appeal 364 is DENIED. The Clerk is instructed to serve this order upon Mr. King and Mr. Jones at the address listed on the Motion. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD M. GILMAN, et al.,
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NO. CIV. S-05-830 LKK/GGH
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Plaintiffs,
v.
O R D E R

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EDMUND J. BROWN, et al.,

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Defendants.
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/

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On August 17, 2011, the court denied Darrel King and Timothy

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Leang Jones’ motion for permissive joinder. (Doc. No. 361). On

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August 29, 2011, Mr. King and Mr. Jones filed a motion for

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reconsideration. (Doc. No. 364). In essence, they are arguing that

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this court should make them class representatives. If, as they

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contend, Mr. King and Mr. Jones are class members and, thus, they

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do not need to notify the court - Mr. King’s and Mr. Jones’s

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interests are already represented in this action as class members.

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No action is required of the court to allow Mr. King and Mr. Jones

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to obtain relief,, if any, through this class action.

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Mr. King and Mr. Jones are free to contact class counsel with
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any concerns about the case. The court has certified the class

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action and class counsel, thus, represent all members of the class.

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Class counsel are available at the following addresses:

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Daniel J. Broderick
Monica Knox
David M. Porter
Office of the Federal Defender
801 I Street
3rd Floor
Sacramento, CA 95814

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Carter Capps White
King Hall Civil Rights Clinic
UC Davis School of Law
One Shields Avenue, Bldg. TB 30
Davis, CA 95616

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The court reiterates that Mr. King and Mr. Jones need not take

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any action to be considered class members. All individuals who fall

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within

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suggestion by Mr. King and Mr. Jones that class counsel are not

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adequately representing their interests, the court will not take

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any further action on their concerns.

the

class

definition

are

class

members.

Absent

any

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Further, the court denies Mr. King and Mr. Jones’ request for

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an interlocutory appeal. Again, the court reiterates that Mr. King

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and Mr. Jones need not take any action in order to benefit from

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relief, if any, from the class action if they are indeed class

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members.

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For the foregoing reasons, Mr. King and Mr. Jones’s motion for

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reconsideration and request for an interlocutory appeal (Doc. No.

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364) is DENIED. The Clerk of Court is instructed to serve this

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order upon Mr. King and Mr. Jones at the addresses listed on the
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motion.

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IT IS SO ORDERED.

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DATED:

September 1, 2011.

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