Ashker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION 7 TODD ASHKER, et al., Case No. 09-cv-05796-CW (RMI)

Plaintiffs,

ORDER ON PLAINTIFFS’

v. ENFORCEMENT MOTION

MATHEW CATE, et al., Re: Dkt. No. 1215 Defendants.

13 Now pending before the court is an enforcement motion filed by Plaintiffs regarding the purportedly unauthorized confinement of class-members in the Special Housing Unit (“SHU”) for participation in a rout with a nexus to a Security Threat Group (“STG”) (dkt. 1215). Defendants have responded (dkt. 1217), Plaintiffs have replied (dkt. 1219), and the matter came to be heard at oral argument before the undersigned on December 3, 2019 (dkt. 1225). For the reasons discussed below, Plaintiffs’ Motion is due to be denied. Initially, Plaintiffs note that the Settlement Agreement (“SA”) in this case not only ended indeterminate SHU terms for mere gang affiliation, but that it also “effectuated a fundamental shift …