Prison Legal News v. Jones et al

Filing 68

STIPULATION and ORDER signed by District Judge John A. Mendez on 11/19/2020 VACATING 60 Consent Decree. The Court's jurisdiction over this matter is hereby TERMINATED, and this case is DISMISSED in its entirety. (Huang, H)

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LONGYEAR & LAVRA, LLP
John A. Lavra, CSB No.: 114533
Amanda L. McDermott, CSB No.: 253651
3620 American River Drive, Suite 230
Sacramento, CA 95864
Phone: [phone]
Facsimile: 916-974-8510
Attorneys for County of Sacramento,
Sheriff Scott Jones
ROSEN BIEN GALVAN & GRUNFELD, LLP
Ernest Galvan, CSB No.: 196065
101 Mission Street, Sixth Floor
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No.: 2:11-cv-00907-JAM-DAD

PRISON LEGAL NEWS, a project of the
HUMAN RIGHTS DEFENSE CENTER,

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Plaintiff,
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v.
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COUNTY OF SACRAMENTO, SCOTT R. )
JONES, individually and in his capacity as
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Sheriff of the County of Sacramento; DOES 1- )
20, in their individual and official capacities, )
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Defendants.
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STIPULATION AND ORDER TO
VACATE CONSENT DECREE
[Fed. R. Civ. P. 60(b)]

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This Stipulation and Order Vacating the Consent Decree is entered into by and among

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Plaintiff Prison Legal News, a project of the Human Rights Defense Center, (“Plaintiff”) and

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Defendants County of Sacramento and Scott R. Jones (“Defendants”) (collectively, “the

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Parties”), by and through their respective counsel.

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WHEREAS, the Parties negotiated a settlement by Consent Decree that was entered on
July 16, 2012, resolving all claims asserted in the Complaint [Dkt. No. 60];
WHEREAS, on August 6, 2012 the claims against Defendants were dismissed with
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STIPULATION AND ORDER TO VACATE CONSENT DECREE [Fed. R. Civ. P. 60(b)]

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prejudice under Fed. R. Civ. P. 41(a)(2), subject to the condition that the Court retained

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jurisdiction to enforce compliance with the Consent Decree until such jurisdiction is terminated

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by the Court upon motion of either party [Dkt. No. 62];

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WHEREAS, Defendants have complied with the terms of the Consent Decree and have

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affirmed that they do not intend to modify or cease the current practice at its jail facilities of

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removing staples and/or mailing labels from publications, correspondence, and documents sent

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by Publishers to prisoners prior to their delivery to the prisoner [See Exhibit 1 attached hereto];

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WHEREAS, the Parties have met and conferred and agree that that it would be in the
interests of justice and judicial economy and that good cause exists to vacate the Consent Decree
at this time.

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NOW, THEREFORE, IT IS STIPULATED AND AGREED that there is good cause to

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ORDER that the Consent Decree entered in this matter be VACATED, the Court’s jurisdiction

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thereover be terminated, and the case be dismissed in its entirety.

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IT IS SO STIPULATED.

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Dated: November 19, 2020

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LONGYEAR & LAVRA, LLP
By: /S/ Amanda L. McDermott
JOHN A. LAVRA
AMANDA L. MCDERMOTT
Attorneys for Defendants County of Sacramento,
Sheriff Scott Jones

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Dated: November 18, 2020

ROSEN BIEN GALVAN & GRUNFELD, LLP

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By: /S/ Ernest Galvan
ERNEST GALVAN
Attorneys for Plaintiff Prison Legal News

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STIPULATION AND ORDER TO VACATE CONSENT DECREE [Fed. R. Civ. P. 60(b)]

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ORDER

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Upon review and consideration of the Parties’ stipulation and supporting materials

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submitted therewith, it is hereby ORDERED that the Consent Decree entered on July 16, 2012 in

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this matter is VACATED, the Court’s jurisdiction over this matter is hereby terminated, and this

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case is dismissed in its entirety.

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IT IS HEREBY ORDERED.

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Dated: November 19, 2020

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND ORDER TO VACATE CONSENT DECREE [Fed. R. Civ. P. 60(b)]