York

ORDER

Introduction and Summary

Defendants, the County of El Dorado, et al., move the court to terminate the “in-junctive” or “prospective” relief agreed to by the parties in this jail conditions case for the primary purpose of avoiding the agreed upon jail population cap applicable to the South Lake Tahoe jail facility. After hearing, the court determined that it did not have jurisdiction to enter such a termination either under the Prison Litigation Reform Act or Fed.R.Civ.P. 60(b). Pertinent Procedural History

This case commenced in 1990, ultimately proceeded as a consent case under 28 U.S.C. § 636 (c), and was initially assigned to the Honorable John F. Moulds. The case was referred to the undersigned for settlement purposes. The case settled at conference, including a limitation on the population of both the Placerville and South Lake Tahoe jail facilities. Because this jail conditions case was a certified class action, it was necessary that the court approve the settlement after a fairness hearing. For purposes of efficiency in consummating the recently agreed upon settlement, the parties requested that the undersigned take over the case, and with the consent of Judge…