Chavez et al v. County of Santa Clara

Filing 38

ORDER Approving Class Notice. Signed by Judge Nandor J. Vadas on 10/6/2016. (njvlc1, COURT STAFF) (Filed on 10/6/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 9 BRIAN CHAVEZ and BRANDON BRACAMONTE, on behalf of themselves and all others , Case No. 15-cv-05277-NJV ORDER APPROVING CLASS NOTICE Plaintiffs, 10 v. United States District Court Northern District of California 11 12 COUNTY OF SANTA CLARA, Defendant. 13 14 On September 20, 2016, this Court entered an Order in the above-captioned action 15 certifying a Class of all people who are now, or in the future will be, incarcerated in the Santa 16 Clara County jails, and further certifying a subclass of all people who are now, or in the future will 17 be, incarcerated in the Santa Clara County jails and who have a psychiatric and/or intellectual 18 disability, as defined under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., 19 and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. Pursuant to the Court’s Order and 20 Fed. R. Civ. P. 23(c)(2)(A), the parties have submitted to the Court a Notice of Class Certification 21 (“Class Notice”), attached as Exhibit A to a proposed order regarding the distribution of the Class 22 Notice. (Doc. 37.) 23 Accordingly, good cause appearing, IT IS ORDERED AS FOLLOWS: 24 1. The Court approves the substance, form, and manner of the Class Notice filed by the parties on 25 October 4, 2016, and finds that the proposed method of disseminating the Class Notice, as 26 discussed during the September 20, 2016 telephonic conference, meets all due process and other 27 legal requirements and is the best notice practicable under the circumstances. 28 1 2. Within forty-five days of this Order, the County is directed to post the Class Notice in English, 2 Spanish, and Vietnamese in all housing units in such a manner as to make the Notice visible to all 3 prisoners. Additionally, the County shall hand deliver a copy of the Notice to each prisoner within 4 the jails. Further, the County shall provide assistance reviewing the notice to individuals who are 5 illiterate or have a disability that would prevent them from reading or understanding it. The 6 County must file and serve on Plaintiffs’ counsel a declaration affirming that notice was published 7 as required in this Order. 8 9 10 United States District Court Northern District of California 11 12 IT IS SO ORDERED. Dated: October 6, 2016 ______________________________________ NANDOR J. VADAS United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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