Jewett v. California Forensic Medical Group et al

Filing 96

ORDER signed by District Judge Morrison C. England, Jr. on 4/4/2017 ADOPTING IN FULL 90 Findings and Recommendations; GRANTING 83 Motion to Certify Class; DEFINING the certified class; APPOINTING Keker & Van Nest LLP, Disability Rights Legal Center, and Atabek & Associates, P.C. as class counsel. (Michel, G.)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 EVERETT JEWETT, et al., 11 Plaintiffs, 12 13 14 No. 2:13-cv-0882 MCE AC P v. ORDER CALIFORNIA FORENSIC MEDICALGROUP, INC. et al., Defendants. 15 16 Plaintiffs have filed this civil rights action seeking relief under 42 U.S.C. § 1983. The 17 18 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 19 Local Rule 302. On March 13, 2017, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within seven days. ECF No. 90. Neither 23 party has filed objections to the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 //// 28 /// 1 1 2 1. The findings and recommendations filed March 13, 2017 (ECF No. 90), are ADOPTED IN FULL. 3 2. Plaintiffs’ motion for class certification (ECF No. 83) is GRANTED. 4 3. The following class is certified pursuant to Rule 23(b)(2) of the Federal Rules of Civil 5 Procedure: “All current and future detainees and prisoners at Shasta County Jail with mobility 6 disabilities who, because of their disabilities, need appropriate accommodations, modifications, 7 services, and and/or physical access in accordance with federal and state disability laws.” 8 9 10 11 4. Keker & Van Nest LLP, Disability Rights Legal Center, and Atabek & Associates, P.C. are appointed class counsel. IT IS SO ORDERED. Dated: April 4, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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