Jewett v. California Forensic Medical Group et al

Filing 161

ORDER APPROVING CLASS ACTION SETTLEMENT signed by District Judge Morrison C. England, Jr. on 8/6/2018. (Zignago, K.)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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EVERETT JEWETT, LEGAL SERVICES
FOR PRISONERS WITH CHILDREN,
GLEN HAROLD EVERETT, MICHAEL
DONALD ACKLEY, HAROLD
ROBERT MARQUETTE, on behalf of
themselves and all others similarly
situated,
Plaintiffs,
v.

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SHASTA COUNTY SHERIFF’S
DEPARTMENT, A PUBLIC ENTITY;
TOM BOSENKO, as Sheriff of the Shasta
County; SHASTA COUNTY, a public
entity; and CALIFORNIA FORENSIC
MEDICAL GROUP, INC. a private entity;
and DOES 1 through 25, in their
individual capacities,

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Case No. 2:13-cv-0882 MCE AC (PC)
CLASS ACTION
ORDER APPROVING CLASS ACTION
SETTLEMENT
Assigned to the Hon. Morrison C. England, Jr.
Complaint filed: May 6, 2013

Defendants.

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1285944.01

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FINAL ORDER APPROVING CLASS ACTION SETTLEMENT
Case No. 2:13-cv-0882 MCE AC (PC)

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Having considered the arguments of the parties and the record in its entirety, the Court has

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determined whether the Settlement in this action by Plaintiffs Everett Jewett, Glen Harold

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Everett, Michael Donald Ackley, and Legal Services for Prisoners with Children, and Defendants

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Shasta County, Shasta County Sheriff’s Department, Tom Bosenko as Sheriff of the Shasta

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County (collectively the “County Defendants”) and the California Forensic Medical Group

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(“CFMG”), as set forth in the Settlement Agreement and Release of Claims (the “Settlement

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Agreement”) (ECF No. 119-3), is fair, reasonable and adequate, such that an Order of final

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approval should be issued and a final judgement upon said Settlement Agreement should be

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entered by the Court;

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WHEREAS, the Court has jurisdiction over the subject matter of this action, the Plaintiffs,
the Defendants, and the Settlement Agreement; and
WHEREAS, the Court has read and considered the Parties’ Joint Motion for

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Final Approval of Class Action Settlement, the points and authorities and declarations submitted

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therewith, the proposed Settlement Agreement, and all of the supporting documents; and finds the

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Settlement Agreement to be fair, reasonable and adequate:

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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. The Court, for purposes of this Judgement, adopts the terms and definitions set

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forth in the Settlement Agreement, attached hereto as Exhibit A, and all terms of the Settlement

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Agreement are incorporated herein by reference.

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2. The Court has and reserves exclusive and continuing jurisdiction over the subject

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matter of this action, the Plaintiffs, the Settlement Class, the Settlement Agreement, the County

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Defendants and CFMG.

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3. The Court finds that the notice to the Settlement Class of the pendency of this

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action and the proposed Settlement was disseminated by each of the means required under the

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Settlement Agreement and the Order of this Court dated March 21, 2018, and was otherwise fully

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implemented.

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4. The Court finds that such notice to the Settlement Class, as ordered and

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implemented, was reasonably calculated under the circumstances to apprise the Settlement Class

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1285944.01

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FINAL ORDER APPROVING CLASS ACTION SETTLEMENT
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Members of the pendency of this action, all material elements of the proposed Settlement

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Agreement, and their opportunity (a) to submit written objections to or comments on the

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Settlement Agreement, and (b) to appear at the Fairness Hearing to object to or comment on the

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Settlement Agreement. The Notice of Settlement was reasonable and the best notice practicable to

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all Settlement Class Members and complied with the Federal Rules of Civil Procedure, due

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process, and all other applicable laws and rules. A full and fair opportunity has been afforded to

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the members of the Settlement Class to participate at a Fairness Hearing, and all other persons

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wishing to be heard have been heard. Accordingly, the Court determines that all members of the

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Settlement Class, as set forth below, are bound by this Order.

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5. On April 5, 2017, this Court appointed Plaintiffs Everett Jewett, Glen Harold

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Everett, Michael Donald Ackley, and Legal Services for Prisoners with Children as Class

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Representatives of the Settlement Class, and appointed the following counsel as Class Counsel to

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represent the Settlement Class: (i) Keker, Van Nest & Peters LLP (ii) Disability Rights Legal

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Center; and (iii) Atabek & Associates, P.C.

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6. On March 21, 2018, this Court provisionally certified the following Settlement

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Class, as defined in the Settlement Agreement: “all current and future detainees and prisoners

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with a Mobility Disability, who at any time from May 6, 2011 through the Term who, because of

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their disabilities, need appropriate accommodations, modifications, services, and and/or physical

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access at Shasta County Jail (“Jail”).” See Dkt. No. 132; Settlement Agreement II.7. The Court

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certified the Settlement Class based on the findings in the Order of the same date (Dkt. No. 132),

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as well as the Order and Amended Findings and Recommendations in the Court’s March 13, 2017

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Order (Dkt. No. 90), and the Court’s April 5, 2017 Order certifying this case as a class action

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pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure. (Dkt. No. 96). This Court finds

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that the Settlement Class continues to meet the requirements for class certification under the

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Federal Rules of Civil Procedure and all other applicable laws and rules.

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7. In particular, the Court finds that: (a) the Settlement Class is ascertainable; (b) the

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members of the Settlement Class are so numerous that joinder would be impracticable; (c) there is

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a commonality of interest among the members of the Settlement Class; (d) there are questions of

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FINAL ORDER APPROVING CLASS ACTION SETTLEMENT
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law and fact that are common to the Settlement Class; (e) Plaintiffs claims are typical of the

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claims of the Settlement Class that they seek to represent for purposes of settlement; (f) the

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Plaintiffs seek injunctive relief in this action; (g) injunctive relief with respect to the Settlement

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Class as a whole is appropriate; (h) Plaintiffs have and will continue to fairly and adequately

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represent the interests of the Settlement Class; (i) Class Representatives and the Settlement Class

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are represented by qualified, reputable counsel who are experienced in preparing and prosecuting

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class actions, including those involving the sort of practices alleged in the Complaint; and (j)

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class treatment is superior to any alternative means of resolving this matter.

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8. Class certification is therefore an appropriate method for protecting the interests of

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the Settlement Class and resolving the common issues of fact and law arising out of the Plaintiffs’

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claims while also eliminating the risk of duplicative litigation. Accordingly, the Court hereby

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makes final its earlier provisional certification of the Settlement Class and further confirms the

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appointment of the Class Representatives and Class Counsel to represent the Settlement Class, as

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set forth above.

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9. The Court grants final approval of the Settlement Agreement and finds that it is

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fair, reasonable, adequate, and in the best interests of the Settlement Class as a whole.

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Accordingly, the Settlement shall be consummated in accordance with the terms and conditions

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of the Settlement Agreement.

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10. No objections were made to the Settlement Agreement.

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11. The Class Representatives and all Settlement Class members (and their respective

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heirs, assigns, successors, executors, administrators, agents and representatives) are conclusively

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deemed to have released and forever discharged the County Defendants and CFMG and their

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Related Entities from all Released Claims as set forth in the Settlement Agreement. All members

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of the Settlement Class are bound by this Order.

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12. All Settlement Class members are conclusively deemed to have acknowledged that

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the Released Claims may include claims, rights, demands, causes of action, liabilities, or suits that

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are not known or suspected to exist as of the date of the Settlement Agreement and shall have

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released all such Released Claims against the County Defendants, CFMG, and their Related

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Entities, as set forth in the Settlement Agreement. Further, in accordance with the Settlement

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Agreement, all Settlement Class members are deemed to have waived their protections under

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California Civil Code § 1542 as it applies to any and all claims for injunctive or declaratory relief

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concerning the accessibility of the Jail Facilities, except for those that remain in existence after

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the expiration of the Term. The release does not include any claims for money damages.

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13. The benefits described in the Settlement Agreement are the only consideration,

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fees, costs and expenses that the County Defendants and CFMG shall be obligated to give to any

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party or entity, including without limitation the Class Representatives, Settlement Class members,

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and Class Counsel in connection with the claims asserted in the Class Action Complaint, the

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Settlement Agreement and/or the payment of attorneys’ fees, costs and expenses in this action.

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Mr. Everett Jewett’s individual claims are not released except as they relate to purely injunctive

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relief.

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14. Pursuant to the Parties’ Settlement Agreement, Plaintiffs have filed a separate

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Motion for Award of Reasonable Attorneys’ Fees and Expenses incurred through May 5, 2017.

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(ECF Nos. 135-136, 138, 145-146). On May 21, 2018, the Court took the matter under

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submission. (ECF No. 151).

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15. All members of the Settlement Class are bound by this Order. Throughout the

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Term of the Settlement Agreement, Settlement Class Members are enjoined from asserting or

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prosecuting any claims that are released by the Settlement Agreement.

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16. The Settlement Agreement and this Order are not admissions of liability or fault by

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the County Defendants, CFMG or their Related Entities, or a finding of the validity of any claims

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in this action or of any wrongdoing or violation of law by the County, CFMG or their Related

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Entities. The Settlement Agreement is not a concession by the Parties and, to the fullest extent

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permitted by law, neither this Order, nor any of its terms or provisions, nor any of the

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negotiations connected with it, shall be offered as evidence or received in evidence in any

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pending or future civil, criminal, or administrative action or proceeding to establish any liability

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of, or admission by the County Defendants, CFMG or their Related Entities, or any of them.

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Notwithstanding the foregoing, nothing in this Order shall be interpreted to prohibit the use of

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this Order to consummate or enforce the Settlement Agreement or Order, or to defend against the

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assertion of Released Claims in any other proceeding, or as otherwise required by law.

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17. In accordance with the terms of the Settlement Agreement, which is attached

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hereto as Exhibit A, the Court reserves exclusive and continuing jurisdiction over Plaintiffs, the

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Settlement Class members, the County Defendants, CFMG and the Settlement Agreement

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throughout the term of the Settlement Agreement, for the sole purpose of supervising the

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implementation, enforcement, construction, and interpretation of the Settlement Agreement and

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this Order. In that regard, any challenges to the Settlement Agreement’s terms or implementation,

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whether under state or federal law, shall be subject to the exclusive and continuing jurisdiction of

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this Court.
IT IS SO ORDERED.
Dated: August 6, 2018

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FINAL ORDER APPROVING CLASS ACTION SETTLEMENT
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