Hernandez et al v. County of Monterey et al

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Case 5:13-cv-02354-BLF Document1288 Filed 01/26/26 Page1ofi1

MICHAEL W. BIEN — 096891 AVRAM D. FREY
ERNEST GALVAN -— 196065 (admitted pro hac vice)
VAN SWEARINGEN — 259809 AMERICAN CIVIL LIBERTIES UNION
CAROLINE E. JACKSON — 329980 FOUNDATION OF NORTHERN
BEN HATTEM -— 335232 CALIFORNIA, INC.
MAYA E. CAMPBELL — 345180 39 Drumm Street
ROSEN BIEN San Francisco, California 94111-4805
GALVAN & GRUNFELD LLP Telephone: (415) 621-2493
101 Mission Street, Sixth Floor Facsimile: (415) 255-8437
San Francisco, California 94105-1738 Email: afrey@aclunc.org
Telephone: (415) 433-6830
Facsimile: (415) 433-7104
Email: mbien@rbgg.com

egalvan@rbgg.com

vswearingen@rbgg.com

cjackson@rbgg.com

bhattem@rbgg.com

mcampbell@rbgg.com

CORENE KENDRICK — 226642

KYLE VIRGIEN — 278747

ACLU NATIONAL PRISON PROJECT

425 California St., Ste. 700

San Francisco, CA 94104

Telephone: (202) 393-4930

Facsimile: (202) 393-4931

Email: ckendrick@aclu.org
kvirgien@aclu.org

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

JESSE HERNANDEZ et al., on behalf of Case No. 5:13-cv-02354-BLF
themselves and all others similarly situated,
{PROPOSED] ORDER APPROVING
Plaintiffs, AMOUNT OF CFMG CIVIL
CONTEMPT LIABILITY
v. SETTLEMENT, NOTICE, AND

CLAIM FORM —- REVISED
COUNTY OF MONTEREY; MONTEREY *AS MODIFIED BY THE COURT*
COUNTY SHERIFF’S OFFICE;
CALIFORNIA FORENSIC MEDICAL
GROUP, INCORPORATED, a California
corporation; and DOES | to 20, inclusive,

Defendants.

| (4814982.3 Case No. 5:13-cv-02354-BLF

[PROPOSED] ORDER APPROVING AMOUNT OF CFMG CONTEMPT SETTLEMENT

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[4814932.3] 1 Case No. 5:13-cv-02354-BLF
[PROPOSED] ORDER APPROVING AMOUNT OF CFMG CONTEMPT SETTLEMENT
[PROPOSED] ORDER
In September 2023, the Court found Defendant California Forensic Medical Group,
Inc. (“CFMG”) in contempt for its noncompliance with forty-three requirements of the
Settlement Agreement (Dkt. 494) and CFMG Implementation Plan (Dkt. 532) entered in
this action. See Order Granting Plaintiffs’ Motion to Enforce, Dkt. 838 at 26. The Court
issued conditional civil contempt sanctions of $25,000 per noncompliant requirement that
would be imposed if CFMG did not purge the contempt within six months of the Court’s
order. Id. The Court further ordered that additional $25,000 civil contempt sanctions
would accrue for each noncompliant requirement after each subsequent report by the
neutral monitors for medical, mental health, and dental care until CFMG reached
substantial compliance with all forty three requirements for which it was found in
contempt. Id. at 27. In October 2024, CFMG stipulated and the Court found that CFMG
could not meet its burden to obtain substantial compliance in all forty-three areas within
six months of the Court’s contempt order. Dkt. 945 at 4, 6.
Plaintiffs and CFMG have proposed a settlement of all of CFMG’s civil contempt
fines arising from medical, mental health, and dental care provided by CFMG at the
Monterey County Jail through the end of CFMG’s contract for health care services at the
Jail, which terminated on December 31, 2025. See Proposed Settlement of CFMG Civil
Contempt Liability, Dkt. 1257-1 at 4. The settlement would resolve CFMG’s civil
contempt liability in exchange for a payment of $2,470,000 to be distributed as outlined
below and per further orders of this Court. Id.
On January 15, 2026, the Court held a hearing on Plaintiffs’ and CFMG’s joint
motion for final approval of the proposed settlement of CFMG’s civil contempt fines.
Having considered the parties’ joint motion for final approval, the documents filed
therewith, the arguments of counsel, the letters submitted by class members and other
interested parties regarding the proposed settlement, and all other relevant pleadings and
filings in this action, it is hereby found and ORDERED as follows:
Case 5:13-cv-02354-BLF Document 1288 Filed 01/26/26 Page 2 of 11

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[4814932.3] 2 Case No. 5:13-cv-02354-BLF
[PROPOSED] ORDER APPROVING AMOUNT OF CFMG CONTEMPT SETTLEMENT
1. The Settlement Class is defined as “all adult individuals who were
incarcerated at the Monterey County Jail from May 27, 2016 to December 31, 2025.” The
Settlement Class is the class of individuals entitled to benefit from the civil contempt
sanctions ordered by this Court in September 2023 (Dkt. 838) and from the proposed
settlement thereof.
2. Kroll Settlement Administration LLC (“Kroll”) is designated as the
settlement administrator for the proposed settlement of CFMG’s civil contempt liability.
3. The requirements of Federal Rule of Civil Procedure 23 do not apply to the
notice and approval of the proposed settlement of CFMG’s civil contempt liability.
However, given the amount of civil contempt sanctions at issue, the Court finds it
appropriate to evaluate whether to approve the proposed settlement under the standards set
forth in Federal Rule of Civil Procedure 23(e). See Dkt. 993 (making similar finding with
regard to notice of proposed settlement).
4. The payment of $2,470,000 required by the proposed settlement is adequate
to provide compensation for CFMG’s civil contempt liability, taking into account the
strength of the class’s claims, the defenses that would likely be asserted if CFMG’s
liability for civil contempt fines were litigated, and the risk, expense, complexity, and
likely duration of litigation of CFMG’s civil contempt liability. See Fed. R. Civ.
P. 23(e)(2)(C). This payment amount is approved as a fair and adequate settlement of
CFMG’s liability for civil contempt sanctions.
5. Following this Order, CFMG shall begin to make payments toward this
settlement amount. In accordance with the terms of the proposed settlement, Dkt. 1257-1
at 4–5, CFMG will issue these payments in three installments of $620,000 and one
installment of $610,000, to be paid within 30 days, 60 days, 90 days, and 120 days of the
entry of this Order, or on a more expeditious timeline if agreed upon by the parties.
CFMG will direct these payments to Kroll, the designated settlement administrator.
6. Kroll will provide notice to the Settlement Class in through a variety of
methods, including the methods described in the Declaration of Scott M. Fenwick
Case 5:13-cv-02354-BLF Document 1288 Filed 01/26/26 Page 3 of 11

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[4814932.3] 3 Case No. 5:13-cv-02354-BLF
[PROPOSED] ORDER APPROVING AMOUNT OF CFMG CONTEMPT SETTLEMENT
submitted concurrently with the parties’ joint motion for final approval. See Dkt. 1257-3
¶¶ 6–18. As described by Mr. Fenwick, Kroll will: (1) publish a summary of the Notice of
Settlement and Claim Process in the publications Prison Legal News, Carmel Pine Code,
Monterey County Herald, Monterey County Weekly, Salinas Californian, and Salinas
Valley Tribune; (2) implement an online media campaign targeted to appropriate
demographics in Monterey County, California; (3) issue press releases regarding the
Notice of Settlement and Claim Process; (4) create a dedicated settlement website; (5) and
establish a toll-free telephone number for the settlement. In addition, Kroll shall:
(6) circulate copies of the Notice of Settlement and Claim Process to churches and
community organizations known to serve populations that include persons formerly
detained or incarcerated at the Monterey County Jail; and (7) make copies of the Notice of
Settlement and Claim Process available to inmates of state prisons known to house persons
formerly detailed or incarcerated at the Monterey County Jail.
7. The period of time for members of the Settlement Class to submit claims for
payments from the settlement fund shall run for 60 days. Additional claims periods may
follow as needed by further order of the Court.
8. The Notice of Settlement and Claim Process and the Claim Form attached as
exhibits to this Order are hereby approved and may be used in the attached form or in a
substantially similar form to provide notice of the settlement and to receive claim
submissions from the Settlement Class. The County of Monterey and the Monterey
County Sheriff’s Office shall ensure that all adult individuals incarcerated at the Monterey
County Jail during the notice period receive notice of the settlement and are afforded an
opportunity to submit a claim.
9. Consideration of all other issues related to the proposed settlement, including
final approval of the settlement, is continued and shall be addressed at the hearing
scheduled to take place at 9:00 a.m. on March 26, 2026.
Case 5:13-cv-02354-BLF Document 1288 Filed 01/26/26 Page 4 of 11

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[4814932.3] 4 Case No. 5:13-cv-02354-BLF
[PROPOSED] ORDER APPROVING AMOUNT OF CFMG CONTEMPT SETTLEMENT
IT IS SO ORDERED.
DATED: January 26, 2026
Honorable Beth Labson Freeman
United States District Judge
Case 5:13-cv-02354-BLF Document 1288 Filed 01/26/26 Page 5 of 11

Case 5:13-cv-02354-BLF Document1288 Filed 01/26/26 Page6of11

Exhibit A

[4813909.1]
NOTICE OF SETTLEMENT AND CLAIM PROCESS
CFMG Contempt Fines – Hernandez v. County of Monterey
If you were incarcerated at the Monterey County Jail between May 27, 2016 and
December 31, 2025, a settlement may provide you with money. Please read this
notice to learn more and submit a claim.
Hernandez v. County of Monterey is a class action lawsuit about conditions at the
Monterey County Jail (the “Jail”). In September 2023, the Court found the Jail’s
health care provider California Forensic Medical Group, Inc. (“CFMG”) in contempt
for violating Court orders about medical, mental health, and dental care.
CFMG has agreed to pay $2,470,000 to people incarcerated at the Jail from May 27,
2016 to December 31, 2025 (the “Settlement Period”) to compensate for its violations
of Court orders about minimum standards of care at the Jail. This settlement is only
about CFMG’s liability for contempt for violating the Court’s orders. The settlement
does not compensate people for personal medical conditions, and it does not affect
any individual claims you might have about health issues or injuries you may have
experienced at the Jail.
If you were incarcerated at the Jail between May 27, 2016 and December 31,
2025, you can submit a claim online at [url] or submit a paper claim form by mail to
Hernandez v. County of Monterey c/o Kroll Settlement Administration LLC, P.O. Box
XXX, New York, NY 10150. You can call [phone # for settlement hotline] to request
a paper claim form.
To receive money, you must make a claim by [date]. If you are currently incarcerated,
you can request that the money be sent to an address outside the Jail.
How much money will I receive?
It is estimated that the minimum amount each person will receive may be as much as
$110, depending on how many valid claims are submitted. This minimum amount will
be the full payment if you were incarcerated for 10 days or fewer during the
Settlement Period. If you were incarcerated for more than 10 days, you will receive an
additional payment based on the number of days you were incarcerated.
The exact amount that each person receives may be changed by a further order of the
Court once the number of valid claims is known.
How can I learn more and submit a claim?
For more information, go to the settlement website at [url]. The website has links to
the settlement documents and claim form. You can also call [phone # for settlement
hotline] or contact the attorneys who represent incarcerated people in this case at
Rosen Bien Galvan & Grunfeld, LLP, P.O. Box 390, San Francisco, CA 94104.
Case 5:13-cv-02354-BLF Document 1288 Filed 01/26/26 Page 7 of 11

Case 5:13-cv-02354-BLF Document1288 Filed 01/26/26 Page 8of11

Exhibit B

Page 1 of 3
Your claim must be
submitted online or
postmarked by:
[DATE]
CLAIM FORM
Jesse Hernandez, et al., v. County of Monterey, et al.
Case No.: 13-cv-02354-BLF
United States District Court
Northern District of California San Jose Division
GENERAL INSTRUCTIONS
California Forensic Medical Group, Inc. has agreed to pay $2,470,000 to people incarcerated at the Jail from May
27, 2016 to December 31, 2025 (the “Settlement Class”) to compensate for its violations of Court orders about
minimum standards of care at the Jail. As an adult who was incarcerated at the Monterey County Jail at any time
between May 27, 2016 and December 31, 2025, you may submit a claim for compensation from the Settlement
fund 	as 	outlined 	below. 	Please 	refer 	to 	the 	Detailed 	Notice 	posted 	on 	the 	Settlement 	Website,
www.XXXXXXXXX.com for more information on submitting a Claim Form.
To receive benefits from this Settlement, you must submit a Claim Form by [DATE].
To 	receive 	a 	payment, 	you 	must 	submit 	a 	Claim 	Form 	online 	via 	the 	Settlement 	Website 	at
www.XXXXXXXXX.com or complete and mail a paper Claim Form to the address below by DATE. 	If you
choose to complete a paper Claim Form, please type or legibly print all requested information in blue or black
ink. Mail your completed Claim Form by first-class mail to:
Hernandez v. County of Monterey
c/o Kroll Settlement Administration LLC
P.O. Box XXX
New York, NY 10150-XXXX
If you are currently incarcerated at the Monterey County Jail, the Jail will notify you about how to submit a Claim
Form, including whether you can submit a Claim Form on your tablet by visiting the Settlement Website at
www.XXXXXXXXX.com. If you are not able to submit a Claim Form on your tablet, paper copies of the Claim
Form will be provided to you and will be collected by Jail staff. If you are able to submit a Claim Form on your
tablet, you do not need to submit a paper Claim Form as well to receive a payment from the Settlement fund.
You may submit a claim for the following compensation:
All members of the Settlement Class are eligible to receive payments from the Settlement fund. Each claimant
who is determined by the Settlement administrator to be a member of the Settlement Class will receive a fixed
minimum amount from the Settlement fund. 	People who were incarcerated for more than 10 days during the
period of May 27, 2016 to December 31, 2025 (the “Settlement Period”) will receive an additional amount based
on the number of days the claimant was incarcerated at the Jail. 	The amounts of the minimum award and
additional payments based on length of incarceration will be determined based on the number of claims received.
To the extent feasible, any unclaimed amount of the Settlement fund at the conclusion of the claims period may
be distributed proportionately to all members of the Settlement Class who submitted valid claims.
Case 5:13-cv-02354-BLF Document 1288 Filed 01/26/26 Page 9 of 11

Page 2 of 3
I. CLASS MEMBER NAME AND CONTACT INFORMATION
Provide your name and contact information below. To ensure that you receive your payment from the Settlement
fund, you must notify the Settlement Administrator if your contact information changes after you submit this
Claim Form.
________________________________________ 	________________________________________________
First Name 	Last Name (at time of incarceration)
__________________________________________________________________________________________
Address 1
__________________________________________________________________________________________
Address 2
_____________________________________________________ 	____ ____ 	____ ____ ____ ____ ____
City 	State 	Zip Code
Telephone Number (optional): ( ____ ____ ____ ) ____ ____ ____ - ____ ____ ____ _____
II. PROOF OF SETTLEMENT CLASS MEMBERSHIP
Provide one or more of the following details to support membership in the Settlement Class.
______________________________________________
Booking Number
______________________________________________
Year of Most Recent Release from the Monterey County Jail
_____________________________________________
Approximate Number of Days Incarcerated at the Monterey County Jail from May 27, 2016 to December
31, 2025
Check this box to certify that you are an adult individual who was incarcerated at the Monterey County
Jail at any time between May 27, 2016 and December 31, 2025.
Case 5:13-cv-02354-BLF Document 1288 Filed 01/26/26 Page 10 of 11

Page 3 of 3
III. PAYMENT SELECTION
If you would like to elect to receive your Settlement money through electronic transfer, please visit the Settlement
Website and timely file your Claim Form. Valid claims submitted using a paper Claim Form will be paid by check
to the address provided by the claimant.
Claimants who are currently incarcerated may elect to have their award sent to an address outside the Jail or may
designate another individual to receive the funds on their behalf.
I am currently incarcerated and want to have my award sent to an alternative address as outlined below.
_____________________________________ 	___________________________________________________
Designated Payee First Name 	Designated Payee Last Name
__________________________________________________________________________________________
Designated Payee Address 1
__________________________________________________________________________________________
Designated Payee Address 2
___________________________________________________ 	____ ____ 	____ ____ ____ ____ ____
Designated Payee City 	State 	Zip Code
IV. ATTESTATION & SIGNATURE
I swear and affirm under the laws of my state that the information I have supplied in this Claim Form is true and
correct to the best of my recollection, and that this form was executed on the date set forth below.
_______________________________________________ 	____ ____ / ____ ____ / ____ ____ ____ ____
Signature 	Date
_______________________________________________
Print Name
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