(PC) Mays v. County of Sacramento, No. 2:2018cv02081 - Document 46 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/30/18 RECOMMENDING that the parties Joint Motion for ClassCertification 28 be granted. The numerosity, commonality, typicality, and adequacy requirements of Rule 23(a) are satisfied. The requirements under both Rule 23(b)(1) and Rule 23(b)(2) are satisfied. The action should be certified as a class action as to all claims and defenses at issue in the Complaint pursuant to Rules 23(a), 23(b)(1), and 23(b)(2) of th e FederalRules of Civil Procedure. The undersigned recommends certification of the following classes: Plaintiff Class: All people who are now, or in the future will be, incarcerated in the Sacramento County jails. Plaintiff Subclass (the Disability C lass): All qualified individuals with disabilities, as that term is defined in 42 U.S.C. § 12102, 29 U.S.C. § 705(9)(B), and CaliforniaGovernment Code § 12926(j) and (m), who are, or will be in the future, incarcerated in the Sacrament o County jails. Plaintiffs MAYS, RICHARDSON, BOTHUN, LEE, BEIRGE, and GARLAND be certified to serve as representatives of the Plaintiff Class and Disability Subclass. Plaintiffs MAYS, RICHARDSON, BOTHUN, LEE, BEIRGE, and GARLAND be certified to serve as representatives of the Plaintiff Class and Disability Subclass. Disability Rights California, the Prison Law Office, and Cooley LLP be appointed as class counsel to represent the interests of the Plaintiff Class and Disability Subclass. Fed. R. C iv. P. 23(c)(1)(B). Pursuant to Rule 23(c)(2)(A), the parties shall confer and, in their joint status report to be filed on December 17, 2018, shall address the status of their proposed notice to the Plaintiff Class and Disabilities Subclass, and the proposed method of distribution of such notice. Joint Motion to Certify Class 28 referred to Judge Troy L. Nunley. Objections to F&R due within 10 days. (Plummer, M)
Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 LORENZO MAYS, RICKY RICHARDSON, JENNIFER BOTHUN, ARMANI LEE, LEERTESE BEIRGE, and CODY GARLAND, on behalf of themselves and all others similarly situated, 13 14 Plaintiffs, v. COUNTY OF SACRAMENTO 15 Defendant. Case No.: 2:18-cv-02081 TLN KJN P FINDINGS AND RECOMMENDATIONS RE: JOINT MOTION FOR CLASS CERTIFICATION Complaint Filed: July 31, 2018 16 17 The parties filed a Joint Motion for Class Certification under Rules 23(a), 23(b)(1), 18 and 23(b)(2) of the Federal Rule of Civil Procedure, which came on for hearing before the 19 undersigned on November 29, 2018. After full consideration of the evidence, the parties’ 20 arguments, and the authorities submitted by counsel, the undersigned recommends that 21 this action be maintained as a class action under Federal Rule of Civil Procedure Rule 22 23(a), 23(b)(1), and 23(b)(2), and recommends the parties’ Joint Motion for Class 23 Certification be granted. 24 The undersigned finds as follows: 25 1. 26 The numerosity, commonality, typicality, and adequacy requirements of Rule 23(a) are satisfied. 27 2. The requirements under both Rule 23(b)(1) and Rule 23(b)(2) are satisfied. 28 3. The action should be certified as a class action as to all claims and defenses 1 at issue in the Complaint pursuant to Rules 23(a), 23(b)(1), and 23(b)(2) of the Federal 2 Rules of Civil Procedure. 4. 3 4 The undersigned recommends certification of the following classes: Plaintiff Class: All people who are now, or in the future will be, incarcerated in the Sacramento County jails. 5 Plaintiff Subclass (the “Disability Class”): All qualified individuals with disabilities, as that term is defined in 42 U.S.C. § 12102, 29 U.S.C. § 705(9)(B), and California Government Code § 12926(j) and (m), who are, or will be in the future, incarcerated in the Sacramento County jails. 6 7 8 5. 9 Plaintiffs MAYS, RICHARDSON, BOTHUN, LEE, BEIRGE, and 10 GARLAND be certified to serve as representatives of the Plaintiff Class and Disability 11 Subclass. 12 6. Disability Rights California, the Prison Law Office, and Cooley LLP be 13 appointed as class counsel to represent the interests of the Plaintiff Class and Disability 14 Subclass. Fed. R. Civ. P. 23(c)(1)(B). 7. 15 Pursuant to Rule 23(c)(2)(A), the parties shall confer and, in their joint status 16 report to be filed on December 17, 2018, shall address the status of their proposed notice to 17 the Plaintiff Class and Disabilities Subclass, and the proposed method of distribution of 18 such notice. 19 These findings and recommendations are submitted to the United States District 20 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 21 ten days after being served with these findings and recommendations, any party may file 22 written objections with the court and serve a copy on all parties. Such a document should 23 be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Any 24 response to the objections shall be filed and served within seven days after service of the 25 objections. The parties are advised that failure to file objections within the specified time 26 //// 27 //// 28 //// 1 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: November 30, 2018 4 5 /mays2081.cc.57 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28