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| Date Filed | # | Document Text |
|---|
| April 19, 2012 | 4178 | ORDER signed by Magistrate Judge John F. Moulds on 4/18/12 ORDERING that Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master the amount of $304,908.44 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| April 11, 2012 | 4174 | ORDER signed by Magistrate Judge John F. Moulds on 04/10/12 ordering the clerk of the court is directed to pay to Matthew A. Lopes Jr., Esq., Special Master, Pannone, Lopes & Devereaux LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908 the amount of $206,743.57 in accordance with the attached statement. A copy of this order shall be served on the financial department of the court. (cc: Financial)(Plummer, M) |
| April 11, 2012 | 4173 | ORDER signed by Magistrate Judge John F. Moulds on 04/10/12 ordering the clerk of the court is directed to pay to Matthew A. Lopes Jr., Esq., Special Master, Pannone, Lopes & Devereaux LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908 the amount of $304,988.44 in accordance with the attached statement. A copy of this order shall be served on the financial department of the court. (cc: Financial)(Plummer, M) |
| March 30, 2012 | 4171 | ORDER signed by Magistrate Judge John F. Moulds on 3/30/12 re 4170 Stipulation and Proposed Order; IT IS HEREBY ORDERED that Plaintiffs' fees and costs of $362,087.11, plus interest, are due and collectable forty-five days from the date of entry of this Order. Interest on this amount will run from March 2, 2012, accruing at the rate provided by 28 U.S.C. § 1961.(Matson, R) |
| March 22, 2012 | 4169 | ORDER signed by Judge Lawrence K. Karlton, Circuit Judge Stephen Reinhardt and Senior District Judge Thelton E. Henderson on 3/22/2012 ORDERING Plaintiffs' Motion for Order Requiring Defendants to Demonstrate how they will Achieve the Required P opulation Reduction by June 2013 4152 DENIED WITHOUT PREJUDICE to the filing of a new motion following the publication of the State's Spring 2012 Population Projections and the completion of the State's master bed plan, but in any even a new motion may be filed at any time on or after May 1, 2012. (Krueger, M) |
| February 23, 2012 | 4161 | ORDER signed by Magistrate Judge John F. Moulds on 2/22/12 ORDERING that The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $331,219.99; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| February 16, 2012 | 4160 | ORDER signed by Judge Lawrence K. Karlton on 2/16/12 AMENDING 1654 Order; Defendants are no longer required to provide monthly reports and forms on use of force incidents at CSP-Corcoran. No further revisions are made. (Manzer, C) |
| February 15, 2012 | 4156 | ORDER signed by Judge Lawrence K. Karlton on 2/15/2012 ORDERING that within 45 days from the date of this order, defendants shall deposit $750,000 with the clerk of court. The clerk is directed to serve the financial department of this court. (cc Financial)(Donati, J) |
| February 10, 2012 | 4153 | ORDER signed by Judge Lawrence K. Karlton, Circuit Judge Stephen Reinhardt and Senior District Judge Thelton E. Henderson on 2/10/12 regarding 4152 Motion for an Order Requiring Defendants to Demonstrate How They Will Achieve The Required Population Reduction. Defendants shall file a response to the motion on or before 2/27/2012. Plaintiffs shall file a reply on or before 3/5/2012. (Manzer, C) |
| February 7, 2012 | 4151 | ORDER signed by Magistrate Judge John F. Moulds on 2/6/2012 ORDERING that the clerk is to pay to Matthew A. Lopes, Jr., Special Master, the amount of $243,669.74; and a copy of this order to be served on the financial department. (cc: Financial)(Yin, K) |
| January 4, 2012 | 4140 | STIPULATION and ORDER signed by Magistrate Judge John F. Moulds on 01/03/12 ORDERING that plaintiffs' fees and costs of $584,816.93, plus interest, are due and collectable 45 days from the date of entry of this order. Interest on this amount will run from 12/01/11, accruing at the rate provided 28 U.S.C. § 1961. (Benson, A.) |
| December 15, 2011 | 4134 | STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 12/15/11 ORDERING the parties to meet and confer between January 2012 and July 13, 2012. The first meet and confer will be held the week of January 16, 2012 and will be set at intervals of approximately 45 days. Within 10 days after each session, defendants shall file a status report. (Donati, J) |
| December 12, 2011 | 4131 | ORDER signed by Judge Lawrence K. Karlton on 12/12/2011 CONTINUING Evidentiary Hearing until 7/13/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Michel, G) |
| December 9, 2011 | 4128 | ORDER signed by Magistrate Judge John F. Moulds on 12/08/11 ordering the clerk of the court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, Pannone, Lopes & Devereaux LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908 the amount of $404,948.37 in accordance with the attached statement. A copy of this order shall be served on the Financial Department of the Court. (cc: Financial)(Plummer, M) |
| December 7, 2011 | 4127 | STIPULATION and ORDER resolving disputes regarding Coleman Post- judgment fees and costs related toThree-Judge panel proceedings and related appeals signed by Judge Lawrence K. Karlton on 12/6/11. (Kaminski, H) |
| December 5, 2011 | 4125 | ORDER signed by Judge Lawrence K. Karlton on 12/5/2011 APPROVING 4119 Amended Plan to furnish suicide resistant beds in all mental health crisis bed units filed by Edmund G. Brown, Jr. (Michel, G) |
| November 23, 2011 | 4123 | ORDER signed by Magistrate Judge John F. Moulds on 11/22/11 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, Pannone Lopes & Devereaux LLC, the amount of $411,116.99 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| November 18, 2011 | 4122 | ORDER signed by Judge Lawrence K. Karlton on 11/17/11: Within forty-five days from the date of this order, defendants shall deposit with the Clerk of the Court a seventy-eighth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (cc: Financial Department). (Kaminski, H) |
| November 17, 2011 | 4120 | STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 11/16/2011 ORDERING 4116 that the state licensing requirements shall be waived, on a temporary and emergency basis, with the respect to the 110 temporary Intermediate Care Facility beds a nd three observation and restraint rooms in the L-Wing at CA Medical Facility: Defendants shall staff the L-Wing utilizing the same nursing and clinical staffing patterns as the other high custody ICF unit at CMF. Defendants shall apprise the Court p romptly should any delays prevent the L-Wing conversion from being completed as to L-3 by 4/6/2012, as to L-2 by 4/30/2012, and as to L-1 by 5/31/2012. Defendants are further required to apprise the Court promptly should patient admissions not commence by 4/30/2012.(Reader, L) |
| November 16, 2011 | 4117 | STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 11/15/2011 ORDERING that pursuant to the stipulation of the parties, and good cause appearing, this Court extends the stay of all outstanding attorneys' fees, costs, and expenses matte rs related to the Three-Judge Court, and related appeals, including the proceedings before the Supreme Court of the United States. The unresolved fees, costs, and expenses related to these proceedings are separate from the fees, costs, and expenses t hat have been resolved by stipulation between the Prison Law Office and Defendants and the Plata v. Brown court's order. Plaintiffs shall submit their motion for fees, costs, and expenses on the aforementioned matter no later than 12/16/2011. Fo r the duration of the stay, any and all deadlines relating to motions or claims for attorneys' fees, costs, and expenses contained in the Federal Civil Rules, the Federal Appellate Rules, the U.S. Supreme Court Rules, and/or the Local Rules for the Eastern District of California do not apply. (Zignago, K.) |
| October 25, 2011 | 4108 | STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 10/24/11 ORDERING that this Court extends the stay of all outstanding attorneys' fees, costs, and expenses matters related to the Three-Judge Court, and related appeals, including the proceedings before the Supreme Court of the United States. The unresolved fees, costs, and expenses related to these proceedings are separate from the fees, costs, and expenses that have been resolved by stipulation between the Prison Law Office and Defendants and the Plata v. Brown court's order. Plaintiffs shall submit their motion for fees, costs, and expenses on the aforementioned matter no later than November 18, 2011. For the duration of the stay, any and all deadlines relating to motions or claims for attorneys' fees, costs, and expenses contained in the Federal Civil Rules, the Federal Appellate Rules, the U.S. Supreme Court Rules, and/or the Local Rules for the Eastern District of California do not apply. (Becknal, R) |
| October 19, 2011 | 4106 | ORDER signed by Judge Lawrence K. Karlton on 10/19/2011. Within 45 days from date of Order, defendants shall deposit w/Clerk a 77th interim payment of $750,000.00 which shall be invested in interest-bearing account previously opened for this action. Clerk directed to serve a copy of Order on Financial Department. (cc: CFS) (Marciel, M) |
| October 19, 2011 | 4105 | ORDER signed by Judge Lawrence K. Karlton on 10/19/2011 GRANTING the Special Master's 4102 Request for Extension of Time. The Special Master has to and including 11/18/2011 in which to report to Court adequacy of defendants' 9/19/2011 plan. (Marciel, M) |
| October 19, 2011 | 4104 | ORDER signed by Magistrate Judge John F. Moulds on 10/18/11 ORDERING the Clerk of Court to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $416,535.40 in accordance with the attached statement. (Attachments: # 1 Statement for Fees and Disbursements)(Meuleman, A) |
| October 7, 2011 | 4095 | ORDER signed by Judge Lawrence K. Karlton on 10/6/2011 ORDERING Pursuant to the stipulation of the parties, and good cause appearing, this Court HEREBY AMENDS its 5/1/2006 order # 1800 to reflect that the Locked Observation Unit at the California Men's Colony operating as a Mental Health Crisis Bed Unit has forty-two beds and not thirty-six beds, as the order originally stated. No further revisions are made to that order. (Reader, L) |
| October 5, 2011 | 4093 | ORDER signed by Magistrate Judge John F. Moulds on 10/3/11. Defendants agree to pay Plaintiffs counsel $418,957.58 within 45 days of the signing of this Order. On the 45th day following the entry of this Order, interest on any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961. (Dillon, M) |
| October 4, 2011 | 4091 | ORDER signed by Magistrate Judge John F. Moulds on 10/3/11 ORDERING that Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $325,075.19; and a copy of this order shall be served on the financial department of this court. (cc Financial) (Dillon, M) |
| September 19, 2011 | 4088 | ORDER signed by Magistrate Judge John F. Moulds on 09/16/11 ordering that plaintiff's fees and costs of $340,197.46 plus interest are due and collectable 45 days from the date of entry of this order. Interest on this amount will run from 08/30/11 accruing at the rate provided by 28 USC 1961. (cc: Financial) (Plummer, M) |
| September 14, 2011 | 4080 | ORDER signed by Judge Lawrence K. Karlton on 9/14/11 ORDERING that the Clerk shall not file any documents submitted to this Court for filing by pro se inmates. Instead, such documents shall be treated like similar documents submitted in the individua l Plata and Coleman cases. Any documents raising specific medical care concerns shall be forwarded to the Plata Receiver's Controlled Correspondence Unit for appropriate investigation, and any documents raising specific mental health care concerns shall be forwarded to Plaintiffs' counsel. All other documents shall be returned to the inmate with a copy of this order.(Mena-Sanchez, L) |
| August 25, 2011 | 4077 | THREE-JUDGE COURT ORDER issued on 8/25/2011: upon review of the inmates' submission, the Court continues to be unpersuaded that class counsel's representation is inadequate, nor does the Court find an evidentiary hearing to be necessary at this time re 4042 Order; ORDERING the inmates' request is DENIED. (Attachments: # 1 Certificate of Service, # 2 Request for De Novo Hearing)(Waggoner, D) |
| August 25, 2011 | 4076 | THREE-JUDGE COURT ORDER signed by Senior Judge Thelton E. Henderson on 8/25/11 DENYING Request for Intervention by Inmate Eduardo Alvarez, et al. (Attachments: # 1 Certificate of Service, # 2 Request for Intervention)(Donati, J) |
| August 19, 2011 | 4075 | ORDER signed by Magistrate Judge John F. Moulds on 8/17/2011 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, Pannone Lopes & Devereaux LLC, Providence, RI 02908, the amount of $366,810.21 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (Reader, L) |
| August 18, 2011 | 4073 | ORDER signed by Senior Judge Lawrence K. Karlton on 8/17/11 ORDERING w/in 45 days from the date of this order, defendants shall deposit with the Clerk of the Court a seventy-sixth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action; and the Clerk is directed to serve a copy of this order on the Financial Department of this Court. (cc Financial)(Matson, R) |
| August 15, 2011 | 4069 | ORDER signed by Senior Judge Lawrence K. Karlton on 08/15/11 ORDERING that the 4054 Motion to Vacate is granted in part; the Evidentiary Hearing is reset for 12/14/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; durin g the next 90 days dfts shall work with the special master regarding assessment process, to be completed by 12/9/11; dfts shall report to the Court regarding the results no later than 12/14/11; dfts shall report to the Court regarding the supplemental wait list plan every 30 days from the date of this order until the time of the hearing; status report due 9/9/11 and every 30 days thereafter. (Manzer, C) |
| August 1, 2011 | 4050 | ORDER signed by Magistrate Judge John F. Moulds on 8/1/11 ORDERING that the Defendants' objections to plaintiffs' request for inspection of Coalinga State Hospital are OVERRULED. The parties shall meet and confer to determine if they can ag ree that particular areas of the hospital should be excluded from the tour and to inform the court of the results of this conference in writing not later thatn 5:00 p.m. on 8/2/11. The scope of the inspection authorized by this order shall be determi ned by subsequent order. Defendants' Request for permission to depose plaintiff's expert is GRANTED. Plaintiffs' inspection of Coalinga State Hospital shall be scheduled so that it will be completed on a schedule that will allow plaintiff's expert to be deposed not later than 8/15/11. The Protective Orders filed in this action are EXPANDED by this order. (Donati, J) |
| July 29, 2011 | 4049 | ORDER signed by Magistrate Judge John F. Moulds on 07/29/11 ( In Court Hearing set for 8/1/2011 at 01:30 PM in Courtroom 26 before Magistrate Judge John F. Moulds.) (Plummer, M) |
| July 22, 2011 | 4045 | ORDER signed by Senior Judge Lawrence K. Karlton on 7/22/11 ORDERING that the 6/13/11 Recommendations of the special master are adopted in part; the second, third, and fourth parts of Defendants' Plan Re: Intermediate Care Facility and Acute Inp atient Wait List are approved and shall be implemented immediately; Within ten days from the date of this order defendants shall inform the Court in writing whether the EECP will continue. This matter is SET for Evidentiary Hearing on 8/17/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Mena-Sanchez, L) |
| July 21, 2011 | 4044 | ORDER signed by Senior Judge Lawrence K. Karlton on 7/21/11 ORDERING that The fourth recommendation in the Special Master's 9/27/10 Report is adopted in full; Within sixty days from the date of this order defendants shall file with the court and submit to the special master a plan to furnish suicide- resistant beds in their MHCBs for any at-risk inmates who would otherwise not be provided with a bed while in an MHCB unit; and Within thirty days thereafter the Special Master shall report to the court on the adequacy of defendants' plan.(Mena-Sanchez, L) |
| July 20, 2011 | 4042 | ORDER denying motion filed by Clark and Saif'ullah signed by Senior Judge Thelton E. Henderson on 7/19/11. (Kaminski, H) |
| July 11, 2011 | 4039 | ORDER from the SUPREME COURT of the UNITED STATES ordering the court affirmed the judgment below in Brown v. Plata 563 U.S. 2011. Therefore the appeal is dismissed. (Plummer, M) |
| July 11, 2011 | 4038 | ORDER signed by Magistrate Judge John F. Moulds on 07/11/11 ordering the plaintiff's fees and costs of $255,753.31 plus interest are due and collectable 45 days from the date of entry of this order. Interest on this amount will run from 06/06/11 accruing at the rate provided by 28 USC 1961. (cc: Financial)(Plummer, M) |
| July 8, 2011 | 4037 | ORDER signed by Magistrate Judge John F. Moulds on 7/7/11 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $360,828.57; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| July 5, 2011 | 4036 | ORDER signed by Magistrate Judge John F. Moulds on 7/5/11 ORDERING the Clerk of Court to pay Matthew A. Lopes, Jr. $299, 073.33 in accordance with the attached statement. (cc Sacramento Financial) (Donati, J) |
| June 30, 2011 | 4032 | ORDER REQUIRING INTERIM REPORTS signed by Judge Stephen Reinhardt, Senior Judge Lawrence K. Karlton and Senior Judge Thelton E. Henderson on 06/30/11 ORDERING that, to keep the court informed of their progress, dfts shall file monthly status reports due on the 15th of each month, beginning on 09/15/11, until further order of this court. These monthly reports shall list the design capacity, actual population, and population as a percentage of design capacity at each adult institution, as well as aggregate figures for the total inmate population housed in adult institutions. The reports shall also include an updated discussion on whether defendants expect to meet the next six-month benchmark and, if not, what further actions are contemplated and the specific persons responsible for executing those actions. Monthly reports shall not be required in January 2012, July 2012, or January 2013, or July 2013; the required information should instead be incorporated in dfts' reports allowing each of the six-month benchmarks. (Benson, A.) |
| June 30, 2011 | 4031 | ORDER signed by Senior Judge Lawrence K. Karlton on 06/30/11 ORDERING that w/i 45 days, dfts shall deposit with the Clerk a seventy-fifth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action; the Clerk directed to serve a copy of this order on the Financial Department of this Court (cc: Financial). (Benson, A.) |
| June 28, 2011 | 4029 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 6/28/2011 re 4026 ORDERING that upon the parties' Stipulation, the Defendants agree to pay Plaintiffs' counsel $110,905.88 in fees plus costs of $484.30 within 45 days of the signing of this Order. On the 46th day following the entry of this Order, interest on any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. 1961. The parties further agree to stay resolution of the 2010 rate for work performed by paralegal and litigation assistants until final resolution of the 2010 rates litigation in Armstrong v. Brown.(Duong, D) |
| June 17, 2011 | 4025 | ORDER signed by Senior Judge Lawrence K. Karlton on 6/17/2011 ORDERING 4020 that the parties are GRANTED 14 days from the date of this order to file and serve responses to the special master's report and the recommendations contained therein. (Reader, L) |
| June 16, 2011 | 4023 | ORDER signed by Senior Judge Lawrence K. Karlton on 6/15/2011 ORDERING that the Court extends the stay of all attorneys' fees, costs and expense matters related to the Three-Judge Panel, and related appeals, including the proceedings before the Supreme Court of the United States, until 8/26/2011, with pltfs application for fees, costs and expenses due 60 days thereafter; pltfs have preserved and do not waive their right to claim interest in accordance with the provisions set forth in the 3/ 19/1996 Coleman Periodic Fees order 673 ; dfts do not waive any rights or arguments to object to any and all fees and costs or to appeal any order regarding fees and costs arising out of the Three-Judge Panel proceedings or related appeals. For the duration of the stay, any and all deadlines relating to motions or claims for attys' fees, costs, and expenses contained in the FRAP Rules, the U.S. Supreme Court Rules, and/or the Local Rules for the EDCA do not apply.(Reader, L)(Reader, L) |
| May 26, 2011 | 4015 | ORDER signed by Magistrate Judge John F. Moulds on 05/26/11 ORDERING that the Clerk is directed to pay Matthew A. Lopes, Jr., Special Master, the amount of $369,872.34 in accordance with the attached statement; a copy shall be served on Financial (cc: Financial). (Benson, A.) |
| May 26, 2011 | 4014 | ORDER signed by Magistrate Judge John F. Moulds on 05/26/11 ORDERING that the Clerk is directed to pay Matthew A. Lopes, Jr., Special Master, the amount of $511,364.56 in accordance with the attached statement; a copy shall be served on Financial (cc: Financial). (Benson, A.) |
| May 19, 2011 | 4012 | ORDER signed by Senior Judge Lawrence K. Karlton on 5/19/2011 ORDERING 640 that Within 45 days from the date of this order, defendants shall deposit with the Clerk of the Court a seventy-fourth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action; and the Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (Reader, L) |
| April 20, 2011 | 4001 | ORDER signed by Magistrate Judge John F. Moulds on 4/19/11 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $457,952.24 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| April 13, 2011 | 3998 | ORDER signed by Senior Judge Lawrence K. Karlton on 4/13/11, ORDERING that within 45 days from the date of this order, defendants shall deposit with the Clerk a seventy-third interim payment of costs in the amount of $750,000.00, which amount shall be invested in the interest-bearing account previously opened for this action. The Clerk is directed to serve a copy of this order on the Financial Dept of this Court. (Kastilahn, A) |
| April 1, 2011 | 3997 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 3/31/11 ORDERING that the defendants agree to pay plaintiffs' counsel $258,224.22 w/i 30 days of the signing of this Order. On the 31st day following the entry of this Order, interest on any unpaid amount will begin to accrue at the rate provided by 28 U.S.C. § 1961 (i.e., the weekly average 1 year constant maturity Treasury yield for the calendar week preceding the date of the Order). (Becknal, R) |
| March 25, 2011 | 3995 | ORDER signed by Senior Judge Lawrence K. Karlton on 3/25/11 ORDERING that the City of Chino's July 9, 2010 motion 3878 to intervene is denied without prejudice. (Becknal, R) |
| February 18, 2011 | 3986 | ORDER signed by Magistrate Judge John F. Moulds on 2/17/11 ORDERING that The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $468,114.86 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| February 15, 2011 | 3983 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 02/15/11. The parties shall have up to and including Tuesday, February 22, 2011, to meetand confer regarding the nonparalegal and paralegal rate issues in Coleman. If the parties are still unable to resolve this issue, plaintiffs will re-file a motion to compel within 60 days of the completion of the meet and confer.(Williams, D) |
| February 15, 2011 | 3982 | ORDER signed by Magistrate Judge John F. Moulds on 2/14/11 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $460,410.35 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| February 10, 2011 | 3980 | ORDER signed by Senior Judge Lawrence K. Karlton on 2/9/11 ORDERING that within forty-five days from the date of this order, defendants shall deposit with the Clerk of the Court a seventy-second interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (CFS)(Duong, D) |
| February 7, 2011 | 3979 | STIPULATION and ORDER Re: Defendants' Plan on The Intermediate Care Facility and Acute Inpatient Waitlists 3978 signed by Senior Judge Lawrence K. Karlton on 2/7/11. (Matson, R) |
| January 20, 2011 | 3977 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 01/19/11 ORDERING Pursuant to the stipulation of the parties, this Court extends the stay of all attorneys fees, costs and expense matters related to the Three-Judge Panel until final resolution of the appeal pending before the United States Supreme Court, Case No. 09-1233.(Williams, D). |
| January 4, 2011 | 3971 | ORDER signed by Magistrate Judge John F. Moulds on 1/3/2011 and stipulated between the parties that pltf's fees and costs of $187,781.91, plus interest, are due and collectable w/in 45 days; interest on $16,458.75 has been accruing at the rate of $0.13 per day since 6/5/2010 and interest on the remaining balance will run from 11/20/2010, accruing at the rate provided by 28 U.S.C. §1961. (Yin, K) |
| December 17, 2010 | 3968 | ORDER signed by Magistrate Judge John F. Moulds on 12/16/10 ORDERING that The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $441,750.06 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| December 15, 2010 | 3967 | ORDER signed by Senior Judge Lawrence K. Karlton on 12/15/10, ORDERING that within 45 days from the date of this order, dfts shall deposit with the Clerk a seventy-first interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing acct previously opened for this action. The Clerk is directed to serve a copy of this order on the financial dept of this court.(Kastilahn, A) |
| December 1, 2010 | 3963 | ORDER signed by Magistrate Judge John F. Moulds on 11/30/10 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $409,349.71; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| November 18, 2010 | 3954 | ORDER signed by Senior Judge Lawrence K. Karlton on 11/17/2010 ORDERING that recommendations 1, 2, 3, and 5 of the 3918 Special Masters Report on Dfts' Review of Suicide Prevention, Policies, Practices, and Procedures, areadopted in full. Dfts ' proposed Program Guide revisions and suicide prevention strategies presented in their 8/25/2010 Report shall be implemented forthwith. Dfts shall consult with the special master's experts regarding the use of, and clinical practices withi n CDCR OHUs, and any related proposed changes to the Coleman Program Guide concerning OHUs. Within 60 days Dfts shall submit to the special master their proposal for improvement of clinical competency levels of current CDCR clinicians with administra tion of the suicide risk evaluation. Dfts shall implement the SharePoint website system and the systemgenerated alert for high acute suicide risk inmates on MHTS.net as soon as possible, and not later than 60 days from the date of this order conduct a demonstration of said systems for the special master and/or his designated staff at a mutually convenient time. The special master's fourth recommendation, concerning submission of a plan to furnish suicide resistant beds in their mental health crisis bed units, shall be deemed submitted at the conclusion of the time for filing a reply to Dfts' objection to this recommendation and shall be addressed by subsequent order. (Zignago, K.) |
| November 2, 2010 | 3948 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 11/1/2010 ORDERING that the Court extends the stay of all attorneys' fees, costs and expense matters related to the Three-Judge Panel until 1/17/2011. If either party seeks to extend the stay beyond 1/17/2011, the party may do so by seeking a subsequent stipulation or by filing a noticed motion before this Court. (Zignago, K.) |
| October 22, 2010 | 3945 | ORDER signed by Senior Judge Lawrence K. Karlton on 10/22/10: The stay entered on October 13, 2010 is dissolved. Defendants' motion for relief, is DENIED 3932 . (Kaminski, H) |
| October 21, 2010 | 3944 | ORDER signed by Magistrate Judge John F. Moulds on 10/20/10 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master the amount of $344,462.63 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| October 15, 2010 | 3936 | ORDER signed by Senior Judge Lawrence K. Karlton on 10/15/2010 ORDERING that within forty-five days from the date of this order, defendants shall deposit with the Clerk of the Court a seventieth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (cc: CFS)(Duong, D) |
| October 13, 2010 | 3934 | ORDER signed by Senior Judge Lawrence K. Karlton on 10/13/2010 ORDERING 3933 Defendants' 3932 Request for stay pending disposition of their motion for relief from part of this court's 10/5/2010 order is GRANTED; dfts are relieved of the obligation to comply with paragraph 2 of this court's 10/5/2010 order pending further order of the court; Within 7 days from the date of this order pltfs shall file and serve a response to dfts' motion for relief from certain provisions of the court's 10/5/2010 order; and Upon the filing of pltf's response, the court will either resolve dfts' motion for relief on the papers or set the matter for further hearing. (Reader, L) |
| October 5, 2010 | 3929 | ORDER signed by Senior Judge Lawrence K. Karlton on 10/5/10: Defendants shall complete permanent replacement of the fire suppression system in C-6 and gain occupancy of that unit from the State Fire Marshal not later than November 19, 2010, and shall complete permanent replacement of the fire suppression system in C-5 and gain occupancy of that unit from the State Fire Marshal not later than January 14, 2011. Beginning on October 12, 2010, defendants shall admit inmate patients to the C-5 Unit a t a rate of not less than ten inmate patients per week until that unit is filled. Following the transfer of inmate patients from the C-5 Unit to the C-6 Unit and completion of the permanent replacement of the fire suppression system, defendants shal l begin admitting inmate patients to the C-5 Unit on January 18, 2011 and shall admit inmate patients to that unit at a rate of not less than ten inmate patients per week until both the C-5 and C-6 Units are filled. The court intends to waive the pro visions of state law referred to in the testimony of Victor Brewer to the extent required to comply with paragraphs 2 and 3 of this order. Within five days from the date of this order, defendants shall file a statement identifying those provisions o f state law. Within seven days from the date of this order, CDCR and DMH defendants shall meet with the special master to develop a review program modeled on the DMH-ICF Pilot Program for evaluation of inmates presently housed in Level IV inpatient h ospital facilities to determine whether any of those inmates can be transferred to another ICF facility. Within sixty days thereafter defendants shall complete the review and evaluation of inmates in Level IV DMH inpatient hospital facilities and shall report to the special master on the outcome of those evaluations. (Kaminski, H) |
| October 5, 2010 | 3928 | ORDER signed by Senior Judge Lawrence K. Karlton on 10/5/10: The parties are granted thirty days from the date of this order to file and serve responses to the special master's report and recommendation, and fifteen days thereafter to file and serve a reply to any such response. (Kaminski, H) |
| October 4, 2010 | 3926 | ORDER signed by Magistrate Judge John F. Moulds on 10/1/10 ORDERING that plaintiffs fees and costs of $199,451.75, plus interest, are due and collectable forty-five days from the date of entry of this Order. Interest on these fees and costs will run from August 28, 2010, accruing at the rate provided by 28 U.S.C. §1961.(Dillon, M) |
| October 4, 2010 | 3925 | ORDER signed by Magistrate Judge John F. Moulds on 10/1/10 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $424,356.49 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| September 22, 2010 | 3917 | ORDER signed by Senior Judge Lawrence K. Karlton on 9/21/2010 GRANTING 9/3/2010 3907 Motion for Evidentiary Hearing and matter is SET for 10/4/2010 at 10:00 AM in Courtroom 4 (LKK). Defendants shall produce, at the Hearing, all persons who have substantial knowledge of issues described in Sections III and IV of plaintiff's Motion at pages 12 - 14. (Marciel, M) |
| September 13, 2010 | 3911 | ORDER signed by Senior Judge Lawrence K. Karlton on 9/13/2010 ORDERING that defendants' opposition to 3907 9/3/2010 Motion shall be filed and served on or before 9/16/2010. Plaintiffs' reply, if any, shall be filed and served on or before 9/17/2010. In the event that the court determines that oral argument is required, the court will set the matter by subsequent order. The court will not set this matter for evidentiary hearing on 9/20/2010. (Donati, J) |
| September 2, 2010 | 3906 | ORDER signed by Senior Judge Lawrence K. Karlton on 9/1/10 GRANTING 3905 stipulation to pay plaintiffs interim fees and to stay plaintiffs' motion to compel payment of reasonable fees for work performed by nonparalegals during 2009 until the resolution of Perez v. Cate, Appeal 09-17185. (Becknal, R) |
| August 30, 2010 | 3902 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 8/30/10. The parties shall conduct further, good-faith settlement negotiations regarding 2009 disputed fees by August 24, 2010. If the parties are unable to resolve the disputed fees, plaintiffs shall file their reply brief on or before August 30, 2010. (Kaminski, H) |
| August 20, 2010 | 3901 | ORDER signed by Magistrate Judge John F. Moulds on 8/19/10 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $532,303.30 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| August 12, 2010 | 3897 | ORDER signed by Senior Judge Lawrence K. Karlton on 8/11/2010. The hearing on the 3871 Motion to Compel payment of fees is VACATED. If Court later determines that a hearing is necessary, Court will set one for a later date. Absent such a determination, matter will stand SUBMITTED. (Marciel, M) |
| August 12, 2010 | 3896 | ORDER signed by Senior Judge Lawrence K. Karlton on 8/11/2010. Within 45 days from date of this Order, defendants shall deposit with Clerk a 69th interim payment of costs in amount of $750,000.00 which amount shall be invested in interest-bearing account previously opened for this action. Clerk directed to serve a copy of Order in Financial Department of Court. (cc: CFS) (Marciel, M) |
| August 11, 2010 | 3895 | ORDER signed by Magistrate Judge John F. Moulds on 8/10/10 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master the amount of $408,834.45 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| August 4, 2010 | 3894 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 8/4/10 ORDERING that Defendant shall have a one hundred twenty day extension of time up to and including 11/26/2010, to develop and file with the Court their plan to reduce or eliminate the wait lists for inpatient care and, in the interim, to better serve the tratment needs of Coleman class members placed on such lists. (Mena-Sanchez, L) |
| August 4, 2010 | 3893 | ORDER signed by Senior Judge Lawrence K. Karlton on 8/4/10 ORDERING that the hearing on the MOTION TO INTERVINE filed 7/9/10 3878 is VACATED. The matter will stand submitted. (Mena-Sanchez, L) |
| July 21, 2010 | 3882 | ORDER signed by Magistrate Judge John F. Moulds on 7/20/10 re 3879 STIPULATION: Plaintiffs' fees and costs of $269,565.27 plus interest, are due and collectable as of forty-five days from the date of entry of this Order. Interest on these fees and costs will run from June 5, 2010, accruing at the rate provided by 28 U.S.C. §1961. (Kaminski, H) |
| June 24, 2010 | 3869 | ORDER signed by Senior Judge Lawrence K. Karlton on 6/23/2010. Within 45 days from date of this Order, defendants shall deposit with Clerk 68th Interim payment of costs in amount of $750,000.00 which amount shall be invested in interest-bearing account previously opened for action. Clerk directed serve a copy on Financial Department. (cc: CFS) (Marciel, M) |
| June 23, 2010 | 3868 | ORDER signed by Magistrate Judge John F. Moulds on 6/23/2010 ORDERING the clerk to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amt of $443,688.42 in accordance to the statement; and a copy of this order to be served on the financial. (cc: Financial) (Yin, K) |
| June 21, 2010 | 3866 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 6/21/10 re MODIFICATION OF FULL OCCUPANCY DATES FOR 88-BED LEVEL I/II and WAIVER OF CALIFORNIA CODE OF REGULATIONS, TITLE 15, SECTIONS 3040.1(a) and (c)(6). (Kaminski, H) |
| June 21, 2010 | 3865 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 6/18/10 ORDERING dfts to replace the 150-bed Level III/IV EOP-GP project at SOL with the intermediate-term project described in this order for 150-bed Levin IV EOP-SNY beds at RJD. (Carlos, K) |
| June 18, 2010 | 3863 | ORDER signed by Magistrate Judge John F. Moulds on 6/16/10 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $363,571.33 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| June 17, 2010 | 3858 | ORDER signed by Senior Judge Lawrence K. Karlton on 6/17/10 ORDERING the special master's 6/17/10 request for appointment of additional staff is granted; and the special master is authorized to appoint Steven Raffa, Esq. and Kristina Hector, Esq. as staff members to perform the duties set forth in the Special Master's Request for the Appointment of Additional Staff, filed 6/17/10, and to be compensated at the rates set forth therein. (Becknal, R) |
| June 15, 2010 | 3856 | ORDER signed by Senior Judge Lawrence K. Karlton on 06/15/10 ORDERING that dfts' 3793 Motion for Reconsideration is DROPPED from the calendar; w/i 15 days dfts shall file a detailed statement identifying every step that might be taken to accel erate the project at each and every stage thereof. Defendants shall identify all actions required to accomplish such steps, including but not limited to waivers of state law, and shall identify the amount of time that can be saved by each step. (Benson, A.) |
| May 26, 2010 | 3851 | STIPULATION and ORDER 3850 signed by Senior Judge Lawrence K. Karlton on 5/26/10, ORDERING the STAY of pltfs' motion to compel payment of more than $135 per hr or $82.50 per hr for paralegal work performed during 2009 pending final r esolution of Perez, et al. v. Cate, et al., USCA Docket No. 09-17185. Pltfs' motion will be DUE by 7/5/10; dfts' opposition will be DUE by 8/2/10; pltfs' reply brief will be DUE by 8/16/10, and the hearing date for the motion will be SET for 8/23/10. (Kastilahn, A) |
| May 12, 2010 | 3844 | RELATED CASE ORDER signed by Senior Judge Lawrence K. Karlton on 5/11/10 relating case 2:90-cv-520 LKK JFM with member case 2:10-cv-1131 FCD DAD. (Kaminski, H) |
| April 14, 2010 | 3837 | ORDER signed by Senior Judge Lawrence K. Karlton on 4/14/2010 ORDERING that within 45 days, Dfts shall deposit with the Clerk a sixty-seventh interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action. The Clerk is directed to serve a copy of this order on the Financial Department of this Court. (cc: Financial) (Engbretson, K.) |
| April 14, 2010 | 3836 | ORDER signed by Senior Judge Lawrence K. Karlton on 4/14/2010 ORDERING that the 3758 Special Master's Recommendations are not adopted at this time. Over the next 120 days, dfts shall review all suicide prevention policies and practices, all su icide review and reporting processes, and the implementation of such policies, practices and processes. Within 45 days thereafter the special master shall report to the court on the foregoing review. DMH Dfts shall meet and confer with the special ma ster concerning production of information essential to the special master's suicide review process and shall develop, if necessary, appropriate policies and procedures for such production. This shall take place within the 120 day review period set by this order. (Engbretson, K.) |
| April 14, 2010 | 3835 | ORDER signed by Magistrate Judge John F. Moulds on 4/13/2010 ORDERING the clerk to pay to Matthew A. Lopes, Jr. Esq., Special Master, the amt of $430,680.92 in accordance w/ the statement; and a copy of this order to be served on financial. (cc: Financial) (Yin, K) |
| April 13, 2010 | 3834 | ORDER signed by Magistrate Judge John F. Moulds on 4/8/10 ORDERING that plaintiffs fees and costs of $220,449.25, plus interest, are due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from 3/20/10 accruing at the rate provided by 28 U.S.C. §1961.(Dillon, M) |
| March 31, 2010 | 3831 | ORDER signed by Senior Judge Lawrence K. Karlton on 3/30/10 ORDERING that the special master shall monitor defts' implementation of their policies and practices regarding referral and transfer of Coleman class members in inpatient care; within 9 0 days defts shall work together to develop a plan to reduce or eliminate the wait lists for inpatient care and better serve the treatment needs of Coleman class members; plan shall be filed with the court within 120 days from the date of this order. (Owen, K) |
| March 4, 2010 | 3812 | ORDER signed by Magistrate Judge John F. Moulds on 03/03/10 ordering the clerk of the court is directed to pay to Matthew A. Lopes Jr., Esq, Special Master, Pannone, Lopes & Deveraux LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908 the amount of $401,279.84. A copy of this order shall be served on the Financial Department of the court. (cc: Financial)(Plummer, M) |
| February 25, 2010 | 3811 | STIPULATION and ORDER 3810 signed by Senior Judge Lawrence K. Karlton on 2/25/2010 re: Modification of defendants' Short-Term Project for 150 Level III/IV Enhanced Outpatient Program sensitive needs yard beds at Substance Abuse Treatment Facility. (Marciel, M) |
| February 24, 2010 | 3809 | ORDER signed by Senior Judge Lawrence K. Karlton on 2/24/10 ORDERING that within forty-five days from the date of this order, defendants shall deposit with the Clerk of the Court a sixty-sixth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action; and the Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (cc Financial)(Becknal, R) |
| February 22, 2010 | 3808 | THREE-JUDGE ORDER signed on 2/22/2010 ORDERING Legislator Intervenors Nathan Fletcher, John J. Benoit and Dave Cogdill are DISMISSED from 2:09-cv-0520 LLK JFM P and C01-1351 TEH with prejudice. (Matson, R) |
| February 17, 2010 | 3804 | ORDER signed by Magistrate Judge John F. Moulds on 2/16/10 ORDERING that plaintiffs fees and costs of $213,845.71, plus interest, are due and collectable as of forty-five days from the date of entry of this Order. Interest on these fees and costs will run from 12/20/09, accruing at the rate provided by 28 U.S.C. §1961.(Dillon, M) |
| February 16, 2010 | 3801 | STIPULATION and ORDER 3800 for temporary stay signed by Senior Judge Lawrence K. Karlton on 2/16/2010. Court stays all attorneys fees, costs, and expense matters related to Three-Judge panel until 10/1/2010. (Marciel, M) |
| February 12, 2010 | 3799 | ORDER signed by Senior Judge Lawrence K. Karlton on 2/12/10 ORDERING that Defendants' 2/1/10 request for temporary relief from this court's 1/4/10 order requiring them to file an amended plan for the Stark EOP conversation project is grante d; Defendants are granted 90 days to file an amended bed plan for the EOP population targeted for the Stark facility; Defendants' motion for reconsideration of this court's 1/4/10 order requiring them to file an amended plan for the Stark E OP conversion project is dropped from calendar. Within 90 days from the date of this order defendants shall either renotice said motion for hearing on this court's regular law and motion calendar pursuant to the provisions of Local Rule 230 or file a notice withdrawing said motion. This court's 1/4/10 order requiring defendants to submit a new activation schedule for the proposed DeWitt conversion project is stayed pending resolution of defendants' motion for reconsideration of said order; and Defendants' motion for reconsideration of this court's 1/4/10 order requiring defendants to submit a new activation schedule for the proposed DeWitt conversion project is reset to 3/29/10 at 11:00 a.m; (Becknal, R) |
| February 5, 2010 | 3796 | ORDER signed by Magistrate Judge John F. Moulds on 2/4/10 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. the amount of $341,508.80; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| January 29, 2010 | 3788 | ORDER signed by Senior Judge Lawrence K. Karlton on 1/28/2010 GRANTING Special Master Matthew A Lopes, Jr.'s 3759 Request for relief from requirement that he file a Second Monitoring Report in calendar year 2009. (Marciel, M) |
| January 27, 2010 | 3787 | ORDER granting in part and denying in part defendants' December 31, 2009 MOTION 3760 signed by Senior Judge Lawrence K. Karlton on 1/27/10: Status Conference set for 3/29/2010 at 11:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kaminski, H) .Modified on 1/29/2010 (Kaminski, H). |
| January 13, 2010 | 3768 | STIPULATION and ORDER 3766 signed by Senior Judge Lawrence K. Karlton on 1/13/10, ORDERING that pltfs shall have until 1/21/2010, to file their response, if any, to dfts' 12/4/2009 filing concerning dfts' short-term project for 150 Level III/IV Enhanced Outpatient Program Sensitive Needs Yard beds at the Substance Abuse Treatment Facility. (Kastilahn, A) |
| January 12, 2010 | 3767 | ORDER TO REDUCE PRISON POPULATION by THREE-JUDGE COURT re 3641 Memorandum, Opinion & Order ORDERING that in accordance with the figures in defendants' November 12, 2009 revised population reduction plan, defendants shall reduce the population of California's thirty-three adult prisons as follows: a) To no more than 167% of design capacity by six months from the effective date of this Order. b) To no more than 155% of design capacity by twelve months from the effective date of this Order. c) To no more than 147% of design capacity by eighteen months from the effective date of this Order. d) To no more than 137.5% of design capacity by twenty-four months from the effective date of this Order. Within fourteen da ys following each of the deadlines described above, defendants shall file a report advising the court whether the estimated population reduction has been achieved. The effective date of this Order is STAYED pending the United States Supreme Court's consideration of the appeal of our August 4, 2009 Opinion and Order and any appeal of this Order. (Duong, D) |
| January 4, 2010 | 3761 | ORDER signed by Senior Judge Lawrence K. Karlton on 1/4/10 ORDERING that all projects in dfts long-range plan, including the mental health crisis bed project at Stark, are approved with exceptions. Beginning 3/1/10, dfts shall report to the special m aster on a monthly basis all action taken on each project. Dfts are not required to describe departures from timeframes, as required by paragraph 2 of the court's 6/18/09 order and paragraph 2 of this order, or to report impediments to timely co mpletion of a project, as required by paragraph 6 of the court's 9/24/09 order, unless a departure or an impediment will delay completion of a project by more than 30 days. Dfts' request to replace the two court-ordered projects, the SVSP 7 2-Bed EOP-ASU project and the SVSP 96-Bed EOP-GP Treatment and Office Space and Housing Unit Conversion Project, with one project identified as the SVSP 300 EOP-GP Treatment and Office Space A-Quad Project is GRANTED. Pltfs' request for evidentiary hearing is DENIED. (Engbretson, K.) |
| December 23, 2009 | 3757 | ORDER signed by Magistrate Judge John F. Moulds on 12/22/09 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $314,154.78 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| December 22, 2009 | 3756 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 12/21/09 ORDERING that Plaintiffs have until 1/12/10 to file response to 3738 Defendants' filing concerning short-term project re Outpatient Program Yard Beds. (Owen, K) |
| December 11, 2009 | 3748 | ORDER signed by Senior Judge Lawrence K. Karlton on 12/11/09 waiving state law re: California State Prison, Sacramento. (Donati, J) |
| December 9, 2009 | 3745 | ORDER signed by Magistrate Judge John F. Moulds on 12/8/09 ORDERING the clerk to pay to Matthew A. Lopes, Jr., Esq, Special Master, the amt of $409,866.86 in accordance w/ the statement attached to this order; and a copy of this order to be served on the financial dpt of this court. (cc: Financial)(Yin, K) |
| December 8, 2009 | 3744 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 12/07/09 ORDERING that dfts' short-term, emergency project to pilot double bunk the inmate-patients in one 10-cell wing in Treatment Center 1 of the Salinas Valley Psychiatric Program at Salinas Valley State Prison, shall be MODIFIED so that the pilot double-bunk project will proceed forward in Treatment Center 2, rather than in Treatment Center 1. (Benson, A.) |
| December 7, 2009 | 3739 | ORDER signed by Senior Judge Lawrence K. Karlton on 12/4/09: Within forty-five days from the date of this order, defendants shall deposit with the Clerk of the Court a sixty-fifth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (Kaminski, H) |
| December 4, 2009 | 3737 | RELATED CASE ORDER signed by Senior Judge Lawrence K. Karlton on 12/4/09 ORDERING that this case is related to member of case 2:09-cv-3308 WBS EFB. (Duong, D) |
| November 23, 2009 | 3731 | ORDER signed by Senior Judge Lawrence K. Karlton on 11/20/09 DENYING 3695 Motion to modify 2007 Suicide Report; pltfs request that the recommendations in the 2007 Suicide Report be made an order of this court is denied without prejudice; pltfs request for orders clarifying defendants obligations with respect to production of documents to the special master and admission of CDCR inmates to DMH facilities is denied without prejudice. (Manzer, C) |
| November 18, 2009 | 3730 | ORDER signed by Senior Judge Lawrence K. Karlton, Stephen Reinhardt and Thelton Henderson on 12/18/09 ordering on or before 12/07/09, plaintiff's and intervenors shall submit (1) their comments and/or objections, if any, regarding each of the po pulation reduction measures proposed by defendants on 11/12/09, as well as regarding the proposed population reduction plan as a whole, and (2) any population reduction measure that they believe to be more practical or effective than those proposed b y defendants. Should plaintiffs or intervenors propose any population reduction measures that require the waiver of any provision of state law, they shall so advise the court, and explain why the proposed waiver is permissible under 18 USC 3626(a)(1) (B). Should plaintiff's or intervenors propose any population reduction measures that would require state funding that is otherwise not provided for, or if any of the objections to the population reduction measures proposed by defendants would be ameliorated or resolved by the provision of state funding for use in connection with such measures, they shall identify the measures requiring such funding, and provide estimates of the amounts required for use in connection with each such measure. Defendants shall submit their responses to such comments, objections, and proposals on or before 12/18/09. (Plummer, M) |
| November 13, 2009 | 3727 | ORDER signed by Magistrate Judge John F. Moulds on 11/12/09 and stipulated between the parties that pltfs' fees and costs of $311,679.91, plus interest, are due and collectable w/in 45 days.(Yin, K) |
| November 2, 2009 | 3720 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 11/02/09 ORDERING that The Department of Mental Health shall have until 12/31/09 to comply with the Court's 06/18/09 Order that it fill the full complement of 256 intermediate c are beds at Atascadero State Hospital with Coleman class members; by 11/30/09, the CDCR Health Care Placement Oversight Program shall review all of the inmate-patients on the waiting list for the Salinas Valley Psychiatric Program at Salinas Valley S tate Prison using the Pilot Program to determine whether any of the inmate-patients on the list are eligible for admission to Atascadero State Hospital or to the intermediate care program at the Vacaville Psychiatric Program at California Medical Fac ility; and in accordance with paragraph 11 of the Court's 06/18/09 Order, dfts will report to the Special Master by 12/31/09, on how many additional intermediate care beds, if any, are required for Coleman class members at Atascadero State Hospital or Coalinga State Hospital. (Benson, A.) |
| October 30, 2009 | 3718 | ORDER signed by Magistrate Judge John F. Moulds on 10/29/2009 ORDERING that the Clerk of the Court is directed to pay Special Master Matthew A. Lopes, Jr., Esq. the amount of $472,447.95 in accordance with this Order. (cc: Financial Sacramento) (Suttles, J) |
| October 21, 2009 | 3711 | THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton, Senior Judge Thelton E. Henderson and Court of Appeal Judge Stephen Reinhardt on 10/21/09 REJECTING 3678 Defendants' Population Reduction Plan and DIRECTING the submission of a plan that complies with 3641 Opinion & Order. (Donati, J) |
| October 21, 2009 | 3710 | ORDER signed by Senior Judge Lawrence K. Karlton on 10/20/2009 ORDERING that dfts shall deposit with the Clerk of Court a 64th interim payment of costs within 45 days. (cc: Financial Sacramento) (Suttles, J) |
| October 7, 2009 | 3698 | STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 10/6/09 re 3697 ORDERING that Plaintiffs shall file their opposition to "Defendants' 3695 Motion to Modify the Special Master's Expert's Report on Suicides Completed in the California Department of Corrections and Rehabilitation in Calendar Year 2007" on or before October 23, 2009. Defendants shall file their reply brief regarding this motion on or before November 6, 2009. (Duong, D) |
| October 2, 2009 | 3696 | THREE JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton, Circuit Judge Stephen Reinhardt, and Senior Judge Thelton E. Henderson on 10/2/2009 GRANTING 3681 Motion to Intervene filed by Bill Berryhill, Connie Conway, Nathan Fletcher, Danny Gilmore, Curt Hagman, Diane Harkey, Knight Steven, Dan Logue, Jeff Miller, Brian Nestande, and Jim Nielsen. (Reader, L) |
| September 15, 2009 | 3672 | ORDER signed by Magistrate Judge John F. Moulds on 9/15/09 ORDERING the clerk to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amt of $370,958.85 in accordanc w/ the attached statment; and a copy of this order to be served on the financial department. (cc: Finacial)(Yin, K) |
| September 11, 2009 | 3671 | ORDER of US Supreme Court: The application for Stay is DENIED. In denying the stay, the Court takes note of the fact that the three-judge district court has indicated that its final order will not be implemented until this Court has had the opportunity to review the district courts decree. (Donati, J) |
| September 11, 2009 | 3670 | THREE-JUDGE COURT ORDER on 9/11/2009 GRANTING 3657 Motion to Compel. Defendants are required to provide the information requested to plaintiffs on or before 9/18/2009. Plaintiff's request to advance the meeting currently set for 9/14/09 is DENIED. The August 4, 2009 order contemplates an alternative process to resolve objections to any proposed plan in the event that consultation between the parties prior to submission of the plan fails to do so. (Waggoner, D) |
| September 4, 2009 | 3666 | AMENDED ORDER signed by Senior Judge Lawrence K. Karlton on 9/4/09: Defendants' August 28, 2009 request for an extension of time is granted 3651 . Defendants' final staffing plan shall be filed and served on or before September 30, 2009. (Kaminski, H) |
| September 3, 2009 | 3662 | THREE-JUDGE ORDER signed by Senior Judge Lawrence K. Karlton on 9/3/2009 DENYING 3655 Motion to Stay the 8/4/2009 order to develop a population reduction plan. (Matson, R) |
| August 28, 2009 | 3650 | ORDER signed by Magistrate Judge John F. Moulds on 8/27/09 ORDERING the clerk to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amt of $308,979.84 in accordance w/ the statement; and a copy of this order be served on the financial dpt. (cc: Financial)(Yin, K) |
| August 25, 2009 | 3649 | ORDER signed by Senior Judge Lawrence K. Karlton on 8/25/09 ORDERING that within 45 days, dfts shall deposit with the Clerk a sixty-third interim payment of costs in the amount of $750,000 which shall be invested in the interest-bearing account previously opened for this action. The Clerk is directed to serve a copy of this order on the financial dept of this court. (cc: CFS) (Engbretson, K.) |
| August 4, 2009 | 3642 | ORDER signed by Three-Judge Panel on 8/4/2009 ruling on Evidentiary Matters related to 3641 Opinion & Order. (Waggoner, D) |
| August 4, 2009 | 3641 | OPINION and ORDER signed by Three-Judge Panel on 8/4/2009 ORDERING defendants to provide the court with a population reduction plan within 45 days that will in no more than two years reduce the population of the CDCR's adult institutions to 137.5% of their combined design capacity.(Waggoner, D) |
| July 16, 2009 | 3635 | ORDER signed by Magistrate Judge John F. Moulds on 7/16/09 and 3621 stipulated between the parties ORDERING that pltfs' fees and costs of $228,682.53, plus interest, are due and collectable as of 45 days from this order. Interest will run from 5/19/09 accruing at the rate provided by 28 USC 1961. (Yin, K) |
| July 9, 2009 | 3629 | ORDER signed by Senior Judge Lawrence K. Karlton on 7/8/09 ORDERING that dfts shall renew the Mental Health Bed Projection Services contract with Navigant Consulting and/or execute a contract with John Misener of McManis Consulting prior to the expir ation of the existing contract on 12/31/09. Said contract shall be renewed or executed for a period of three addt'l yrs. Dfts shall report to the Court within 30 days on any remaining actions that must be taken to renew or execute the contract a nd any barriers to completing all necessary actions remaining to renew or execute the contract by 12/31/09. In the event that dfts determine, at any time, that an applicable state law or regulation must be waived in order to renew or execute the contract by 12/31/09, dfts shall immediately file a motion with this Court identifying any applicable law or regulation that must be waived, and requesting the Court enter an order waiving such provision. (Kastilahn, A) |
| July 6, 2009 | 3628 | ORDER signed by Magistrate Judge John F. Moulds on 7/2/09 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $384,875.29 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| July 2, 2009 | 3625 | ORDER signed by Magistrate Judge John F. Moulds on 7/2/2009. Clerk directed to pay Matthew A. Lopes, Jr. (Special Master) the amount $470,808.47 in accordance with attached Statement. A copy of Order shall be served on Financial Department of this Court. (Marciel, M) |
| April 15, 2009 | 3563 | CORRECTED ORDER CONFIRMING UNDISPUTED ATTORNEY'S FEES AND COSTS FOR THE FOURTH QUARTER OF 2008 signed by Magistrate Judge John F. Moulds on 4/14/09 ORDERING that pltf's fees and costs of $94,776.34, plus interest, are due and collectable as of 45 days of this order; interest on these fees and costs will run from 3/14/09, accruing at the rate provided by 28 U.S.C. 1961. (Yin, K) |
| April 15, 2009 | 3562 | ORDER signed by Magistrate Judge John F. Moulds on 4/14/09 ORDERING the clerk to pay to Matthew A. Lopes Jr., Esq., Special Master, the amt of $268,672.26 in accordance w/ the statment; and Financial to be served w/ a copy of this order. (cc: Financial)(Yin, K) |
| April 2, 2009 | 3558 | ORDER signed by Senior Judge Lawrence K. Karlton on 4/2/2009 GRANTING the Special Masters 3557 Motion to Appoint Expert. William F. Alvarez, Ph. D. is APPOINTED as an expert to perform duties set forth in Request for Appointment of additional staff, filed 4/1/2009, and to be compensated at rates set forth therein. (Marciel, M) |
| February 19, 2009 | 3526 | ORDER signed by Magistrate Judge John F. Moulds on 2/18/09 ORDERING that plaintiffs fees and costs of $190,191.27, plus interest, are due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from 12/12/08 accruing at the rate provided by 28 U.S.C. §1961.(Dillon, M) |
| February 17, 2009 | 3516 | ORDER signed by Senior Judge Lawrence K. Karlton on 2/17/09 ORDERING that defendants operate, on an emergency basis, the mental health crisis beds at CIM-GACH as presently operated and at current staffing levels until further order of this court. (Duong, D) |
| February 17, 2009 | 3515 | ORDER signed by Senior Judge Lawrence K. Karlton on 2/17/09 re 3513 ORDERING that defendants to file and serve a statement setting forth the present bed plan not later than fifteen days from the date of this order. Plaintiffs may respond not later than fifteen days thereafter. An evidentiary hearing is SET for March 24, 2009 at 1:30 PM. (Duong, D) |
| February 9, 2009 | 3514 | THREE-JUDGE COURT ORDER [TENTATIVE RULING] signed by Senior Judge Lawrence K. Karlton, Circuit Judge Stephen Reinhardt and Senior Judge Thelton E. Henderson on 2/9/09 ORDERING that we tentatively conclude, given the evidence presented to this Court, that an order imposing a cap on the prison population and requiring the State to adopt a course of action to reduce overcrowding is warranted, and that it is authorized under the PLRA. The Court may hold a final hearing prior to issuing its final ord er. It will in any event ask the parties and intervenors to submit written proposals setting forth the specific percentages and dates that they believe should be incorporated into the order regarding the ultimate population cap and compliance date, as well as any interim percentages and dates they believe the Court should include in the order. The State will also be asked to specify at that time, or before, the measures it intends to adopt to ensure compliance in a manner that will best accompl ish the objectives of the order, including ensuring public safety. Comments by the plaintiffs and intervenors as to these measures are invited. Prior to the issuance of a final order the State and the plaintiffs, as well as any intervenors who choose to participate, are encouraged to engage in discussions regarding joint recommendations with respect to all or any of the above matters as well as with respect to a settlement of all or any part of the dispute at issue in this proceeding. In any eve nt, the State is directed to consult with the plaintiffs and the intervenors as to any proposed course of action that would serve to reduce the prison population. The Court will accept reports by the participants regarding any settlement that the pla intiffs are prepared to enter into with the defendants as well as with any intervenors who elect to join such settlement. The parties and intervenors individually are each requested to advise the Court within 10 days of this tentative ruling whether they would like the assistance of a court-appointed settlement referee to aid in their discussions and, if so, whether they would have any objection to the appointment of the prior settlement referees Justice Elwood Lui and Justice Peter Siggins for that purpose. (Duong, D) |
| February 5, 2009 | 3509 | THREE-JUDGE COURT ORDER REQUIRING FURTHER BRIEFING signed by Senior Judge Lawrence K. Karlton, Judge Stephen Reinhardt and Judge Thelton E. Henderson on 2/4/09: On or before February 18, 2009, the parties and intervenors shall file briefs, not exceeding fifteen pages. (Kaminski, H) |
| February 3, 2009 | 3505 | ORDER to SHOW CAUSE signed by Senior Judge Lawrence K. Karlton on 2/2/09: The parties are granted five days from the date of this order to show cause, if any they have, why this court should not require defendants to continue to operate, on a temporary emergency basis, all mental health crisis beds at CIM-GACH as presently operated and at current staffing levels until further order of this court. (Kaminski, H) |
| February 2, 2009 | 3500 | ORDER Approving Defendants' Request For An Extension of Time to Respond To Court Order to Deposit Fees signed by Senior Judge Lawrence K. Karlton on 02/02/09. The deadline for Defendants to deposit $750,000 in compliance with this Court's order of December 16, 2008, is extended to 1/26/09.(Streeter, J) |
| February 2, 2009 | 3499 | ORDER TO SHOW CAUSE signed by Senior Judge Lawrence K. Karlton on 01/15/09 ORDERING that the parties are granted until January 30, 2009 to show cause why the attached agreement (Transcription and Dictation Coordination Agreement) should not be adopted as an order of the court. NUNC PRO TUNC 1/15/09(Streeter, J) |
| February 2, 2009 | 3498 | ORDER TO SHOW CAUSE signed by Senior Judge Lawrence K. Karlton on 01/15/09 ORDERING that the parties are granted until January 30, 2009 to show cause why the attached agreement (Health Care Administrative Appeals Coordination Agreement) should not be adopted as an order of the court. NUNC PRO TUNC 1/15/09.(Streeter, J) |
| February 2, 2009 | 3497 | ORDER signed by Senior Judge Lawrence K. Karlton on 02/02/09 finding that the attached orders were mistakenly not docketed in this case, and ORDERING the Clerk to file these orders nunc pro tunc to 1/15/09. (Attachments: # 1 Order To Show Cause - dated 1/15/09 re Health Care Administrative Appeals Coordination Agreement, # 2 Order To Show Cause - dated 1/15/09)(Streeter, J) |
| January 30, 2009 | 3494 | ORDER signed by Stepehn Reinhardt, U.S. Circuit Judge, Senior Judge Lawrence K. Karlton and District Judge Thelton E. Henderson 01/30/09 ORDERING that the 3492 Application is GRANTED and the Court accepts the late filing of the Law Enforcement Intervenors' 3491 Proposed Findings of Fact and Conclusions of Law. (Benson, A.) |
| January 27, 2009 | 3487 | THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton, Judge Stephen Reinhardt and Judge Thelton E. Henderson on 1/27/09: Oral argument will commence at 10:00 AM on February 3, 2009, in the Ceremonial Courtroom (Courtroom 1) of the United States Court of Appeals for the Ninth Circuit, located at the James R. Browning Courthouse, 95 Seventh Street, San Francisco, California. (Kaminski, H). |
| January 27, 2009 | 3486 | THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton, Judge Stephen Reinhardt and Judge Thelton E. Henderson on 1/7/09: Accordingly, Mr. Von Staich's motion to intervene is DENIED, and his motion to proceed in forma pauperis is also DENIED. (Kaminski, H) |
| January 14, 2009 | 3457 | ORDER signed by Magistrate Judge John F. Moulds on 1/13/09 ORDERING that The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master Pannone Lopes & Devereaux LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908 the amount of $373,386.48. A copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) |
| January 9, 2009 | 3456 | THREE-JUDGE COURT ORDER signed by Judge Stephen Reinhardt, Senior Judge Lawrence K. Karlton and Senior Judge Telton E. Henderson on 1/8/09 ORDERING that on or before January 23, 2009, all parties, including intervenors, shall file proposed findings o f fact and conclusions of law. Oral argument will commence at 10:00 AM on February 3, 2009, in the Ceremonial Courtroom for the United States District Court for the Northern District of California, located at 450 Golden Gate Avenue, San Francisco, C alifornia. The court will hear argument on that day and, as necessary, on February 4, 2009. On or before January 23, 2009, the parties shall file a joint statement setting forth their complete time estimates for oral argument. The court may, as appropriate, send a list of questions to be addressed by the parties at oral argument following receipt of the proposed findings of fact and conclusions of law. (Duong, D) |
| January 8, 2009 | 3442 | ORDER signed by Senior Judge Lawrence K. Karlton on 1/8/2009. On or before 130/2009, defendants shall deposit with Clerk a 59th interim payment of costs in amount of $750,000.00 which amount shall be invested in interest-bearing account previously opened for this action. The Clerk directed to serve copy of this Order on Financial Department. (Marciel, M) |
| January 7, 2009 | 3441 | THREE-JUDGE COURT ORDER RE: GOVERNOR'S BUDGET PROPOSAL signed by United States Circuit Judge Stephen Reinhardt, Senior Judge Lawrence K. Karlton, and Senior United States District Judge Thelton E. Henderson on 01/06/09 ORDERING that the State's response to this order is due no later than 01/16/09 and should be simultaneously served on all parties, including intervenors. (Manzer, C) |
| February 8, 2008 | 2673 | THREE JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton on 2/8/08 GRANTING IN PART 2650 Motion for Reconsideration. Intervenors participation in discovery will be prospective only. The court VACATES its 10/10/07 order bifurcating proceedings. Discovery and trial in this matter shall occur in a single consolidated proceeding.(Dillon, M) |
| February 8, 2008 | 2672 | ORDER signed by Magistrate Judge John F. Moulds on 2/4/08 ORDERING the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. the amount of $443,002.44 in accordance with the attached statement and a copy of this order shall be served on the Financial Department of this court. (cc: Financial) (Anderson, J) |
| February 4, 2008 | 2663 | ORDER to SHOW CAUSE signed by Senior Judge Lawrence K. Karlton, Judge Thelton E. Henderson, Judge Jeffrey S. White and Judge Claudia Wilken on 2/4/08. The parties are GRANTED until 2/15/08 to SHOW CAUSE why the attached agreement should not be adopted as an order of the court. (Kastilahn, A) |