L.H. et al v. Schwarzenegger et al

Filing 510

ORDER signed by Senior Judge Lawrence K. Karlton on 02/09/09 GRANTING 495 Stipulation Regarding Final Notice to Plaintiff Class. IT IS ORDERED that the Notice to Plaintiff Class, attached hereto as Exhibits A and B, shall be published in the manner set forth herein, and Defendants shall file and serve an affidavit affirming that they published the Notice as required in this Order, by no later than 30 days after the entry of this Order. (Attachments: # 1 Exhibit A-Notice:Due Process Rights In Juvenile Parole Revocation, # 2 Exhibit B-Due Process Rights-Juvenile Parole Revocation)(Streeter, J)

1 BINGHAM McCUTCHEN LLP

GEOFFREY HOLTZ ­ 191370 2 KRISTEN A. PALUMBO ­ 215857 BRIANA LYNN ROSENBAUM ­ 239977 3 Three Embarcadero Center San Francisco, California 94111-4067 4 Telephone: [phone]

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PRISON LAW OFFICE

ROSEN, BIEN & GALVAN, LLP MICHAEL W. BIEN ­ 096891 GAY C. GRUNFELD ­ 121944 MEGHAN R. LANG ­ 221156 ANNE MANIA ­ 218766 SHIRLEY HUEY ­ 224114 ELIZABETH H. ENG ­ 239265 315 Montgomery Street, Tenth Floor San Francisco, California 94104 Telephone: [phone] YOUTH LAW CENTER SUSAN L. BURRELL ­ 074204 CAROLE SHAUFFER ­ 100226 CORENE KENDRICK ­ 226642 200 Pine Street, 3rd Floor San Francisco, California 94104 Telephone: [phone]

7 DONALD SPECTER ­ 83925 8 1917 Fifth Street
Facsimile: SARA NORMAN ­ 189536 Berkeley, California 94710-1916 [phone]

9 Telephone: [phone] Attorneys for Plaintiffs 11 12

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA themselves and all other similarly situated juvenile parolees Plaintiffs, vs. ARNOLD SCHWARZENEGGER, Governor, State of Department of Corrections and Rehabilitation ("CDCR"); BERNARD WARNER, Chief Deputy Secretary of the Case No. 2:06-CV-02042-LKK-GGH STIPULATION AND ORDER REGARDING FINAL NOTICE TO PLAINTIFF CLASS

13 L.H., A.Z., D.K., D.R., M.N., and R.C., on behalf of 14 in California, 15 16

17 California, MATTHEW CATE, Secretary, California

18 SCOTT KERNAN, Undersecretary of Operations, CDCR; 19 Division of Juvenile Justice; RACHEL RIOS, Director,
Division of Juvenile Parole Operations; MARTIN HOSHINO, ROBERT DOYLE, Chair of the BPH; SUSAN MELANSON, COMPTON, ROBERT CAMERON, JOYCE ARREDONDO, Commissioners and Board Representatives; CHUCK SUPPLE, DIVISION OF JUVENILE JUSTICE; BOARD OF PAROLE

20 Executive Officer of the Board of Parole Hearings ("BPH"); 21 HENRY AGUILAR, ASKIA ABDULMAJEED, JOSEPH 22 MARY SCHAMER, and TRACEY ST. JULIEN,

23 Executive Officer of the Juvenile Parole Board; CDCR; 24 HEARINGS; and the JUVENILE PAROLE BOARD, Defendants.1 25 26 27 28
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The names of Defendants currently serving and their CDCR capacities have been substituted pursuant to Fed. R. Civ. P. 25.
STIPULATION AND [PROPOSED] ORDER REGARDING FINAL NOTICE TO PLAINTIFF CLASS CASE NO. 2:06-CV-02042-LKK-GGH

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THE PARTIES, BY AND THROUGH THEIR COUNSEL, HEREBY STIPULATE AS 2 FOLLOWS: 3 1. On June 16, 2008, this Court granted the parties' joint motion for preliminary 4 approval of the settlement and Stipulated Order for Permanent Injunctive Relief in this matter. 5 Pursuant to that order, the defendants caused notice of the terms of the proposed settlement, with 6 instructions on how class members could comment or object to the settlement, to be placed at 7 various parole offices and corrections facilities. On October 7, 2008, this Court entered an Order 8 granting the parties' joint motion for final approval of the settlement and Stipulated Order for 9 Permanent Injunctive Relief. With the order granting final approval of the settlement having 10 been entered, the parties agree and stipulate that a revised notice reflecting the finality of the 11 settlement should replace the preliminary notice that had been posted. The parties thus hereby 12 submit this Stipulation and Proposed Order Regarding Final Notice to Plaintiff Class. 13 2. The parties have agreed to the form of final notice to the Plaintiff Class ("Notice"), 14 and a short form and long form of the Notice are attached hereto as Exhibits A and B, 15 respectively. 16 3. Within 30 days of entry of this Stipulation and Order, or as soon thereafter as 17 practicable, the Notice shall be disseminated to the Class, substantially in the forms attached 18 hereto, by the following means: 19 20 21 22 23 24 25 26 27 28 (1) For California juvenile parolees who are in the community under Parole supervision (all California juvenile parolees who are not in custody), a written notice shall be posted in all parole field offices. Copies of the Stipulated Order for Permanent Injunctive Relief, and large print and audio copies of the written notice shall be available in all parole field offices. (2) For members of the class who are California juvenile parolees in custody as alleged parole violators, the written notice shall be (a) posted in all California Division of Juvenile Justice facilities, reception centers and camps, and all California prisons and reception centers, in such a manner as to make the notice visible to all parolees in custody; (b) sent to all county jails, and other facilities where juvenile parolees are held that are not under the direct control of Defendants with instructions to post the written notice in such a manner as to make the notice visible to all parolees in custody; (c) posted in each room where revocation serves and hearings take place; and (d) served on parolees who are being served with revocation charges and/or screening offers for a period of one year from the date this Order is entered as part of their revocation documents. Copies of the Stipulated Order for Permanent Injunctive Relief, and large print and audio copies 1
STIPULATION AND [PROPOSED] ORDER REGARDING FINAL NOTICE TO PLAINTIFF CLASS CASE NO. 2:06-CV-02042-LKK-GGH

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of the written notice, shall be made available in each facility, in locations such as prison libraries, where Defendants require parolees to be held. (3) For members of the class who are California juvenile parolees in custody, having been found in violation of parole and returned to custody, the written notice shall be (a) posted in all California Division of Juvenile Justice facilities, reception centers, prisons, and camps, in such a manner as to make the notice visible to all parolees in custody; and (b) sent to all community group homes, county jails, or other facilities where juvenile parolees are held that are not under the direct control of Defendants with instructions to post the written notice in such a manner as to make the notice visible to all parolees in custody. Copies of the Stipulated Order for Permanent Injunctive Relief, and large print and audio copies of the written notice, shall be made available in each facility, in locations such as prison libraries, where Defendants require parolees to be held. (4) The Notice and the Stipulated Order for Permanent Injunctive Relief shall be posted on the DJJ web site and made available for public review and downloading. Wherever the short and long written Notice are posted or available in English, they

12 shall also be made available in Spanish. 13 5. The expense of giving notice to the class members shall be paid by the Defendants. 14 Dissemination of the Notice as provided above is hereby authorized and approved, and satisfies 15 the notice requirement of Rule 23, Federal Rules of Civil Procedure, the Constitution of the 16 United States, due process, and any other applicable rule(s) of this Court. 17 6. No later than 35 days after entry of this Order by the Court, Defendants shall file 18 and serve on Plaintiffs' counsel an affidavit affirming that they published the Notice as required 19 in this Order. 20 7. Having agreed to a form of notice to the Plaintiff Class and the method of its 21 publication, the undersigned parties respectfully request that this Court enter the above 22 agreement as an Order. 23 IT IS SO STIPLUATED.
ROSEN, BIEN & GALVAN, LLP By: /s/ Gay Crosthwait Grunfeld Gay Crosthwait Grunfeld Attorneys for Plaintiffs

24 DATED: February 6, 2009 25 26 27 28

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STIPULATION AND [PROPOSED] ORDER REGARDING FINAL NOTICE TO PLAINTIFF CLASS CASE NO. 2:06-CV-02042-LKK-GGH

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1 DATED: February 6, 2009 2 3 4 5 DATED: February 6, 2009 6 7 8 9 DATED: February 6, 2009 10 11 12 13 14 15

BINGHAM MCCUTCHEN, LLP By: /s/ Geoffrey T. Holtz Geoffrey T. Holtz Attorneys for Plaintiffs YOUTH LAW CENTER By: /s/ Susan Burrell Susan Burrell Attorneys for Plaintiffs HANSEN BRIDGETT, LLP By: /s/ Paul Mello Paul Mello Attorneys for Defendants

[PROPOSED] ORDER Good cause appearing, the Notice to Plaintiff Class attached hereto as Exhibits A and B

16 shall be published in the manner described above, and Defendants shall file and serve an affidavit 17 affirming that they published the Notice as required in this Order by no later than 30 days after 18 entry of this Order. 19 20 21 DATED: February 9, 2009 22 23 24 25 26 27 28 3
STIPULATION AND [PROPOSED] ORDER REGARDING FINAL NOTICE TO PLAINTIFF CLASS CASE NO. 2:06-CV-02042-LKK-GGH

IT IS SO ORDERED.

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