Chavez et al v. County of Santa Clara

Filing 34

Order by Magistrate Judge Nandor J. Vadas granting 28 Motion to Certify Class.(njvlc1, COURT STAFF) (Filed on 9/20/2016)

DONALD SPECTER (SBN 83925)

JAMES R. WILLIAMS, Acting County
Counsel (S.B. #271253)
ARYN PAIGE HARRIS, Deputy County
Counsel (SBN 208590)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding Street, East Wing, Ninth Floor
San Jose, California 95110-1770
Telephone: [phone]
Facsimile: [phone]

1 [e-mail]

MARGOT MENDELSON (SBN 268583)

2 [e-mail]
PRISON LAW OFFICE

3 1917 Fifth Street

Berkeley, California 94710

4 Telephone: [phone]
5 JESSICA VALENZUELA SANTAMARIA
(SBN 220934) [e-mail]

Attorneys for Defendant,
COUNTY OF SANTA CLARA

6 JEFFREY W. WALKER (SBN 280505)
[e-mail]

7 ADDISON M. LITTON (SBN 305374)
[e-mail]

8 COOLEY LLP

3175 Hanover Street

9 Palo Alto, CA 94304
10

Telephone: [phone]
KENDALL DAWSON WASLEY(SBN 252294)

11 [e-mail]
PMB 233

12 1520 E. Covell Blvd.
Davis, CA 95615

13 Telephone: [phone]
14 Attorneys for Plaintiffs,
BRIAN CHAVEZ and BRANDON

15 BRACAMONTE
16
17

UNITED STATES DISTRICT COURT

18
FOR THE NORTHERN DISTRICT OF CALIFORNIA

19
BRIAN CHAVEZ and BRANDON

Case No. 1:15-cv-05277-NJV

20 BRACAMONTE, on behalf of themselves and
all others similarly situated,

CLASS ACTION

21
Plaintiffs,

22 v.
23 COUNTY OF SANTA CLARA,
24 Defendant.

XXXXXXXXXXX
[PROPOSED] ORDER CERTIFYING
ACTION AS CLASS ACTION

Hearing Date: October 25, 2016
Time: 10:00 a.m.
Judge: Hon. Nandor J. Vadas

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[PROPOSED] ORDER CERTIFYING ACTION AS CLASS ACTION
CASE NO. 1:15-CV-05277-NJV

1

On October 25, 20016 at 10:00 a.m., the Court took under submission the Parties’ Joint

2 Motion for Class Certification under Rules 23(a), 23(b)(1), and 23(b)(2) of the Federal Rules of
3 Civil Procedure.

Having reviewed the submitted papers, IT IS HEREBY ORDERED,

4 ADJUDGED and DECREED as follows:
5

1.

The numerosity, commonality, typicality, and adequacy requirements of Rule 23(a)

6 are satisfied.
7

2.

The requirements under both Rule 23(b)(1) and Rule 23(b)(2) are satisfied.

8

3.

The Action is hereby certified as a class action as to all claims and defenses at issue

9 in the Complaint pursuant to Rules 23(a), 23(b)(1), and 23(b)(2) of the Federal Rules of Civil
10 Procedure.
11

4.

12

All people who are now, or in the future will be, incarcerated in the Santa
Clara County jails.

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14

5.

15

This class action also includes a Subclass, which is defined as:
All people who are now, or in the future will be, incarcerated in the Santa Clara
County jails and who have a psychiatric and/or intellectual disability, as defined
under the Americans with Disabilities Act (ADA), 42 U.S.C. §12101 et seq., and
Section 504 of the Rehabilitation Act, 29 U.S.C. § 794.

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The Class is defined as:

6.

Plaintiffs Chavez and Bracamonte will serve as representatives of the Class, and

19 Plaintiff Bracamonte will serve as a representative of the Subclass.
20

7.

Pursuant to Rule 23(c)(2)(A), the parties shall submit a proposed notice to the class

21 and the method of distribution of that notice within 14 days of this Order.
22

8.

Cooley LLP, the Prison Law Office, and Kendall Dawson Wasley are appointed as

23 class counsel to represent the interests of the plaintiff class.
24

IT IS SO ORDERED.

25
26 Dated:

September 20, 2016

Hon. Nandor J. Vadas
U.S. Magistrate Judge

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1

[PROPOSED] ORDER CERTIFYING ACTION AS CLASS ACTION
CASE NO. 1:15-CV-05277-NJV