Free MOTION to Relate Case - District Court of California - California

Case 3:08-cv-02524-TEH

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Filed 05/21/2008

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DAVID R. SHAW Inspector General BARBARA L. SHELDON, State Bar No. 137740 Chief Counsel TAMARA M. COLSON, State Bar No. 190223 3927 Lennane Drive, Suite 220 P.O. Box 348780 Sacramento, CA 95834 Telephone: (916) 830-3600 Fax: (916) 928-5996 Attorneys for Real Party in Interest, Office of the Inspector General, erroneously sued as Bureau of Independent Review, Office of Inspector General UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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Frank Esqueda, California Correctional Supervisor's Organization,

) ) ) ) Petitioners, ) v. ) ) Department of Corrections and Rehabilitation, ) ) ) Respondent, ) ) ) Bureau of Independent Review, Office of ) Inspector General, ) ) Real Party in Interest. ) ) Alejandro Madrid, et al., on behalf of themselves and all others similarly situated, ) ) ) Plaintiffs, ) ) v. ) ) James E. Tilton, Director, California ) Department of Corrections, et al. ) ) ) Defendants. ) ) ) / ///

Case No. 3:08-cv-02524 MHP

____________________________________ Case No. 3:90-CV-03094 TEH OFFICE OF THE INSPECTOR GENERAL'S NOTICE OF MOTION AND MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED PURSUANT TO LOCAL RULE 3-12

OIG's Notice and Motion to Consider Whether Cases Should be Related

Case No. 3:08-cv-02524 MHP and 3:90-cv-03094 TEH

Case 3:08-cv-02524-TEH

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Filed 05/21/2008

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT the Office of the Inspector General hereby moves for this Court to consider whether Madrid, et al. v. Department of Corrections and Rehabilitation, et al., case number 3:90-CV-03094-TEH, and Frank Esqueda, California Corrections Supervisor's Organization v. Department of Corrections and Rehabilitation, Bureau of Independent Review, Office of the Inspector General [Real Party in Interest], case number 3:08-cv-02524 MHP, should be related. For over a decade, this Court has been exercising jurisdiction over Madrid, et al. v. Department of Corrections and Rehabilitation, et al., case number 3:90-CV-03094-TEH, which implicates inmates' federal constitutional and civil rights. Esqueda, et al., v. Department of Corrections and Rehabilitation, et al., case number 3:08-cv-02524 MHP, is a state court action just removed to this Court which seeks to prohibit the Office of the Inspector General's Bureau of Independent Review from attending interviews and interrogations in internal affairs investigations conducted by the California Department of Corrections and Rehabilitation. The contemporaneous monitoring of internal affairs investigations within the California Department of Corrections engaged in by the Bureau of Independent Review has been ordered by this Court as part of the remedial plan in the Madrid, et al. v. Department of Corrections and Rehabilitation, et al. case. The Bureau of Independent Review's protocols were approved by the Court as part of an order adopting the Madrid special master's recommendation. These protocols clearly contemplate Bureau of Independent Review attendance at internal affairs interviews and interrogations. Moreover, through its special master and court expert, this Court is currently monitoring the Bureau of Independent Review's implementation of its protocols, including its monitoring activities. Therefore, the Esqueda, et al. v. Department of Corrections and Rehabilitation, et al., action implicates both the activities of the special master and court expert, who are federal court officers, and inmates' federal rights. Thus, the actions concern /// /// ///
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OIG's Notice and Motion to Consider Whether Cases Should be Related

Case No. 3:08-cv-02524 MHP and 3:90-cv-03094 TEH

Case 3:08-cv-02524-TEH

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Filed 05/21/2008

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substantially the same parties, and it would be an unduly burdensome duplication of labor which may lead to conflicting results if the cases are not deemed related and heard before the same Judge. DAVID R. SHAW Inspector General BARBARA L. SHELDON Chief Counsel DATED: May 21, 2008 By__/s/__________________________________ TAMARA M. COLSON Special Assistant Inspector General Attorneys for Real Party in Interest, Office of the Inspector General

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OIG's Notice and Motion to Consider Whether Cases Should be Related

Case No. 3:08-cv-02524 MHP and 3:90-cv-03094 TEH

Case 3:08-cv-02524-TEH

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Filed 05/21/2008

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DAVID R. SHAW Inspector General BARBARA L. SHELDON, State Bar No. 137740 Chief Counsel TAMARA M. COLSON, State Bar No. 190223 3927 Lennane Drive, Suite 220 P.O. Box 348780 Sacramento, CA 95834 Telephone: (916) 830-3600 Fax: (916) 928-5996 Attorneys for Real Party in Interest, Office of the Inspector General, erroneously sued as Bureau of Independent Review, Office of Inspector General UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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Frank Esqueda, California Correctional Supervisor's Organization,

) ) ) ) Petitioners, ) v. ) ) Department of Corrections and Rehabilitation, ) ) ) Respondent, ) ) ) Bureau of Independent Review, Office of ) Inspector General, ) ) Real Party in Interest. ) ) Alejandro Madrid, et al., on behalf of themselves and all others similarly situated, ) ) ) ) ) Plaintiffs, ) V ) . ) ) James E. Tilton, Director, California ) ) Department of Corrections, et al. ) ) Defendants. ) / ///
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Case No. 3:08-CV-02524 MHP

____________________________________ Case No. 3:90-CV-03094 TEH DECLARATION OF TAMARA M. COLSON IN SUPPORT OF OFFICE OF THE INSPECTOR GENERAL'S MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED PURSUANT TO LOCAL RULE 3-12

Declaration of Tamara M. Colson in Support of OIG's Notice and Motion

Case No. 3:08-cv-02524 MHP and 3:90-cv-03094 TEH

Case 3:08-cv-02524-TEH

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I, Tamara M. Colson, declare as follows: 1. I am an attorney admitted to practice in the Northern District of California, and represent the Office of the Inspector General in this matter. 2. Pursuant to local rule 3-12, the determination as to whether cases should be related is a matter left to the discretion of the Judge assigned to the earliest-filed case. Therefore, I did not obtain a stipulation that the cases are related from the parties.

I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct and that this declaration is executed on May 21, 2008 in Sacramento, California.

___/s/___________________________________ TAMARA M. COLSON

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Declaration of Tamara M. Colson in Support of OIG's Notice and Motion

Case No. 3:08-cv-02524 MHP and 3:90-cv-03094 TEH

Case 3:08-cv-02524-TEH

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Filed 05/21/2008

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DAVID R. SHAW Inspector General BARBARA L. SHELDON, State Bar No. 137740 Chief Counsel TAMARA M. COLSON, State Bar No. 190223 3927 Lennane Drive, Suite 220 P.O. Box 348780 Sacramento, CA 95834 Telephone: (916) 830-3600 Fax: (916) 928-5996 Attorneys for Real Party in Interest, Office of the Inspector General, erroneously sued as Bureau of Independent Review, Office of Inspector General

UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Frank Esqueda, California Correctional Supervisor's Organization,

) ) ) ) Petitioners, ) ) ) v. ) ) ) Department of Corrections and Rehabilitation, ) ) ) ) Respondent, ) ) Bureau of Independent Review, Office of ) Inspector General, ) ) ) Real Party in Interest. ) Alejandro Madrid, et al., on behalf of ) themselves and all others similarly situated, ) ) ) Plaintiffs, ) v. ) ) ) James E. Tilton, Director, California ) Department of Corrections, et al. ) ) Defendants. /
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Case No. 3:08-cv-02524 MHP

_________________________________ Case No. 3:90-CV-03094 TEH [Proposed] ORDER ON OFFICE OF THE INSPECTOR GENERAL'S MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED PURSUANT TO LOCAL RULE 3-12

[Proposed] Order

Case No. 3:08-cv-02524 MHP and 3:90-cv-03094 TEH

Case 3:08-cv-02524-TEH

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Filed 05/21/2008

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The Office of the Inspector General's motion to consider whether Madrid, et al. v. Department of Corrections and Rehabilitation, et al., case number 3:90-CV-03094-TEH, and Esqueda, et al., v. Department of Corrections and Rehabilitation, et al., case number 3:08-cv02524 MHP, should be related came before this Court. After considering the motion and all papers filed in support and in opposition thereof, this Court finds the cases to be related. The clerk of this Court is directed to assign Esqueda, et al., v. Department of Corrections and Rehabilitation, et al., case number 3:08-cv-02524 MHP, to the Honorable Thelton E. Henderson. IT IS SO ORDERED.

Dated: ___________________, 2008

_______________________________________ Judge of the United States District Court Northern District of California

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[Proposed] Order

Case No. 3:08-cv-02524 MHP and 3:90-cv-03094 TEH