Coleman, et al v. Schwarzenegger, et al

Plaintiff: Ralph Coleman, Winifred Williams, David J Heroux, David McKay and Roy Joseph
Defendant: John S Zil, MD, Nadim Khoury, Joseph Sandoval, Schwarzenegger, Stephen W Mayberg, Michael Genest, William B. Kolender, Orange County Sheriff-Coroner Michael S. Carona, Placer County Sheriff Edward N. Bonner, Perry L. Reniff, Dennis Downum, Los Angeles County Sheriff Lee Baca, Santa Clara County Sheriff Laurie Smith, San Benito County Sheriff Curtis Hill, Stanislaus County Sheriff Adam Christianson, Mendocino County Sheriff Tom Allman, Tehama County Sheriff Clay Parker, Lassen County Sheriff Steve Warren, Yolo County Sheriff Ed Prieto, - - Santa Barbara Sheriff's Department, Kern County Sheriff Donny Youngblood, San Mateo County Sheriff Greg Munks, Yuba County Sheriff Steve Durfor, Warren Rupf, Shasta County Sheriff Tom Bosenko, San Diego County Sheriff William B. Kolender, James E. Tilton, Stanislaus County Chief Probation Officer Jerry Powers, Ventura County Chief Probation Officer Karen Staples, Solano County Chief Probation Officer Isabelle Voit, Dave Singer, Joel Neves, Barney Melekian, Jim Hudson, Matthew Cate and John Craig
Intervenor: USA, - California Correctional Peace Officers Association, County of Santa Clara, County of Santa Barbara, County of San Mateo, County of Sonoma, Samuel Aanestad, Roy Ashburn, James F. Battin, Jr, Dave Cox, Jeff Denham, Bob Dutton, Dennis Hollingsworth, Abel Maldonado, George Runner, Mark Wyland, Jim Copsey, Steve Lodge, Rich Word, Cary Sullivan, Mace McIntosh, Lisa Soloman, Michael Billdt, Richard Hawthorne, Adolfo Gonzales, Mark DeRosia, Roy Wasden, Jerry Dyer and Republican Assembly and Senators
Special_master: Matthew A Lopes, Jr
Receiver: Robert Sillen and J. Clark Kelso
Intervenor_plaintiff: Robert Hecker
Amicus: AFSCME Local 2620, Psychology Shield, California Psychiatric Association, SEIU Local 1000, Union of American Physicians and Dentists and Californians United for a Responsible Budget
Intervenor_defendant: Anthony Adams, Joel Anderson, Tom Berryhill, Sam Blakeslee, Paul Cook, Chuck DeVore, Michael D. Duvall, Bill Emmerson, Jean Fuller, Ted Gaines, Martin Garrick, Shirley Horton, Guy Houston, Bob Huff, Kevin Jeffries, Rick Keene, Doug La Malfa, Bill Maze, Roger Niello, Sharon Runner, Jim Silva, Cameron Smyth, Todd Spitzer, Audra Stickland, Van Tran, Michael N. Villines, Mimi Walters, Rod Pacheco, Bonnie Dumanis, Tony Rackauckas, Jan Scully, Christie Stanley, Michael Ramos, Robert J. Kochly, David W. Paulson, Gregg Cohen, Todd Riebe, Bradford R. Fenocchio, John R. Poyer, Michael Ramsey, Gerald T. Shea, Edward R. Jagels, William B. Kolender, Orange County Sheriff-Coroner Michael S. Carona, Placer County Sheriff Edward N. Bonner, Perry L. Reniff, Dennis Downum, Los Angeles County Sheriff Lee Baca, Santa Clara County Sheriff Laurie Smith, San Benito County Sheriff Curtis Hill, Stanislaus County Sheriff Adam Christianson, Mendocino County Sheriff Tom Allman, Tehama County Sheriff Clay Parker, Lassen County Sheriff Steve Warren, Yolo County Sheriff Ed Prieto, Santa Barbara County Sheriff Bill Brown, Kern County Sheriff Donny Youngblood, San Mateo County Sheriff Greg Munks, Yuba County Sheriff Steve Durfor, Warren Rupf, Shasta County Sheriff Tom Bosenko, Stanislaus County Chief Probation Officer Jerry Powers, Bob G. Doyle, Bob Brooks, Gary R. Stanton, Gregory Totten, Vern Pierson, Clifford Newell, Ronald L. Calhoun, Donald Segerstrom, Pat Hedges, Jim Denny, Rod Mitchell, Larry Jones, Jim Mele, Margaret Mims, Mike Kanalakis, Richard Scholl, Gary Philp, Jeff Neves, Mark Pazin, Dean Wilson, Steve Moore, Martin Ryan, William Lutz, Karen Staples, Isabelle Voit, Patricia Stewart, John Wardell, Kim Barrett, Lionel Chatman, Jim Moffett, Brian Richart, Don Meyer, Linda Penner, Gail Neal, Dave Singer, Joel A Neves, Barney Melekian, Jim Hudson, Craig Steckler, George Galaza, Riverside County Sheriff, Ventura County Sheriff Bob Brooks, Solano County Sheriff Gary R. Stanton, Sutter County Sheriff Jim Denney, Lake County Sheriff Rod Mitchell, Tuolumne County Sheriff Jim Mele, Fresno County Sheriff, Monterey County Sheriff Mike Kanalakis, Mono County Sheriff Richard Scholl, Merced County Sheriff Mark Pazin, San Joaquin County Sheriff Steve Moore, Inyo County Sheriff William Lutz, Ventura County Chief Probation Officer Karen Staples, Solano County Chief Probation Officer Isabelle Voit, Santa Barbara County Chief Probation Officer Patricia Stewart, Inyo County Chief Probation Officer Jim Moffett, Shasta County Chief Probation Officer Brian Richart, Yolo County Chief Probation Officer, Mariposa County Chief Probation Officer Gail Neil, Joel Neves, Jim Copsey, Steve Lodge, Rich Word, Cary Sullivan, Mace McIntosh, Lisa Solomon, Michael Billdt, Richard Hawthorne, National City Police Chief Adolfo Gonzales, Mark DeRosia, Roy Wasden, Jerry Dyer, San Diego County Sheriff William B. Kolender, Inyo County Sheriff William Lutze, Mariposa County Chief Probation Officer Gail Neal, Carey Sullivan, Yolo County Chief Probation Officer Don Meyer, Sonoma County Chief Probation Officer Robert Ochs, Sonoma County Sheriff/Coroner William Cogbill, Sonoma County District Attorney Stephan Passalacqua, Bill Berryhill, Connie Conway, Danny Gilmore, Curt Hagman, Diane Harkey, Knight Steven, Dan Logue, Jeff Miller, Brian Nestande and Jim Nielsen
Movant: Patrick Wilson and Christopher T Burns
Unknown: Elwood Lui, Peter - Siggins and Sherie Lemire
Case Number: 2:1990cv00520
Filed: February 5, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Lawrence K. Karlton
Referring Judge: John F. Moulds
Nature of Suit: Other
Cause of Action: 42:1983 Prisoner Civil Rights

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 12, 2019 Opinion or Order Filing 6126 ORDER signed by District Judge Kimberly J. Mueller on 4/12/2019 APPROVING the 6103 Proposed Schedule for development of a final proposed Custody and Mental Health Partnership Plan (CMHPP) set out in the joint status report. Defendants shall file the final proposed CMHPP on or before 6/7/2019.(Reader, L) Modified on 4/12/2019 (Reader, L).
April 10, 2019 Opinion or Order Filing 6124 ORDER signed by District Judge Kimberly J. Mueller on 4/10/2019 GRANTING 6123 Motion for Extension of time. The Neutral Expert shall submit his report to the court in accordance with the 6064 Order on or before 4/22/2019. (Donati, J)
April 9, 2019 Opinion or Order Filing 6122 ORDER signed by District Judge Kimberly J. Mueller on 4/9/19 DENYING defendants' request for a stay of orders, resolving 6121 Motion for Leave in part. (Coll, A)
April 2, 2019 Opinion or Order Filing 6119 ORDER signed by Magistrate Judge Deborah Barnes on 4/1/2019 ORDERING the Clerk shall pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $200,000.00 as partial payment of the statement attached to this order; the Clerk shall pay balance of $324,690.62 on that statement upon receipt of defendants' next deposit of funds; and a copy of this order shall be served on the financial department of this court. (cc: Financial) (Yin, K)
April 1, 2019 Opinion or Order Filing 6118 ORDER signed by District Judge Kimberly J. Mueller on 4/1/2019 DIRECTING defendants to deposit with the Clerk of the Court, within 30 days from the date of this order, a one 125th 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. (cc: Financial Department.) (York, M)
March 29, 2019 Opinion or Order Filing 6115 ORDER signed by Magistrate Judge Deborah Barnes on 3/28/2019 ORDERING the Clerk of Court to maintain Attachment A to this order under seal until further order of the court and ORDERING within 10 days from the date of this order defendants to pay the neutral expert the amount of $242,212.56 as reflected in the invoice for services rendered through February 2019. (Attachments: # 1 Attachment B, # 2 Attachment C)(Henshaw, R)
February 26, 2019 Opinion or Order Filing 6099 ORDER signed by Magistrate Judge Deborah Barnes on 2/25/2019 ORDERING the neutral expert to submit to dborders@caed.uscourts.gov a new summary invoice that omits the requested payments described in this order. The revised summary invoice will be sent to the parties upon its submission to this court. (Henshaw, R)
February 25, 2019 Opinion or Order Filing 6098 ORDER signed by Magistrate Judge Deborah Barnes on 02/25/19 ORDERING the Clerk of Court is directed to pay to Pannone Lopes Devereaux & OGara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, Northwoods Office Park, Suite 215N 1301 Atwood Avenue, Johnston, RI 02919 the amount of $472, 041.09 as payment of the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial)(Plummer, M)
February 20, 2019 Opinion or Order Filing 6096 ORDER signed by District Judge Kimberly J. Mueller on 2/19/19 DENYING 6086 Motion for Protective Order. The hearing set for March 22, 2019 is VACATED. (Kaminski, H)
February 7, 2019 Opinion or Order Filing 6082 ORDER signed by Magistrate Judge Deborah Barnes on 2/6/2019 ORDERING defendants' objections to the neutral expert's monthly invoice for services rendered through 12/31/2018 are submitted to the district court for resolution. (Yin, K)
January 31, 2019 Opinion or Order Filing 6079 ORDER signed by Magistrate Judge Deborah Barnes on 1/30/19 ORDERING that within five days from the date of this order defendants shall inform the court in writing whether the neutral experts response resolved some or all of their objections. Defendants response shall be submitted to dborders@caed.uscourts.gov. (Plummer, M)
January 25, 2019 Opinion or Order Filing 6077 ORDER signed by Magistrate Judge Deborah Barnes on 1/24/2019 ORDERING the Clerk of the Court to pay Matthew A. Lopes, Jr., Esq., Special Master the amount of $400,000.00 as partial payment of the statement attached, and to pay balance of $50,391.81 on that statement upon receipt of defendants' outstanding deposit. (cc: Financial Department) (Huang, H)
January 24, 2019 Opinion or Order Filing 6076 ORDER signed by Magistrate Judge Deborah Barnes on 1/23/19 ORDERING the Clerk of the Court is directed to pay the Pannone, Lopes, Deveraux & O'Gara LLC, Attn: Matthew A. Lopes Jr. Esq., Special Master the amount of $450,391381 as payment of the attached statement. A copy of this order shall be served on the Financial Department of the Court. (cc: Financial)(Plummer, M)
January 14, 2019 Opinion or Order Filing 6069 AMENDED 6049 ORDER signed by Magistrate Judge Deborah Barnes on 1/13/2019 ORDERING the Clerk shall pay Matthew A. Lopes, Jr., Esq., Special Master, the amount of $499,513.54 as payment of the attached statement; and a copy of this order shall be served on the financial department of this court. (cc: Financial) (Yin, K)
January 11, 2019 Opinion or Order Filing 6067 ORDER signed by District Judge Kimberly J. Mueller on 1/10/2019 ORDERING that: (1) The parties have complied with the court's 6051 Order. (2) Dr. Melanie Gonzalez's whistleblower complaint dated 10/24/2018 will not be filed in this action, if at all, unless and until it is verified by Dr. Gonzalez. (3) With the foregoing clarification, defendants' 6057 objections to the court's 12/21/2018 minute order, ECF No. 6055, are OVERRULED. (York, M)
January 8, 2019 Opinion or Order Filing 6064 AMENDED ORDER APPOINTING NEUTRAL EXPERT signed by District Judge Kimberly J. Mueller on 1/8/19. The court appoints Charles J. Stevens, Esq. of Gibson, Dunn & Crutcher LLP to serve as the court's neutral expert in accordance with Federal Rule of Evidence 706. (Mena-Sanchez, L)
December 18, 2018 Opinion or Order Filing 6051 ORDER signed by District Judge Kimberly J. Mueller on 12/18/2018 IT IS SO ORDERED The parties, in consultation with Dr. Gonzalez's counsel, shall prepare a redacted version of the whistleblower complaint by Dr. Gonzalez dated 10/24/2018 and acco mpanying exhibits, sent to the parties as required by this court's 11/7/2018 order, ECF No. 5999 ; said redactions shall be consistent with the method for redacting the Golding Report required by the court's 10/25/2018 order, ECF No. [598 6]; the parties and Dr. Gonzalez's counsel shall jointly submit the proposed redacted versions to KJMOrders@caed.uscourts.gov, or a joint statement signed by all counsel that no redactions are required, by the close of business on Friday , 12/21/2018; the redacted version of the Gonzalez whistleblower complaint or the joint statement of the parties will be filed on the public docket by subsequent order of court; the Clerk of Court is directed to serve a copy of this order on Ms. Musell, counsel for Dr. Gonzalez. (Reader, L)
December 14, 2018 Opinion or Order Filing 6038 ORDER signed by District Judge Kimberly J. Mueller on 12/14/2018 GRANTING Charles J. Stevens, Esq. a fee exemption for documents filed in this action through Pacer. Mr. Stevens shall be forthwith provided with the documents as required by this order. (Donati, J)
December 13, 2018 Opinion or Order Filing 6032 ORDER signed by District Judge Kimberly J. Mueller on 12/13/2018 CONFIRMING that subject to his confirmation of his consent to appointment, Charles J. Stevens, Esq. of Gibson, Dunn & Crutcher LLP will be appointed promptly thereafter as the court 9;s neutral expert under Federal Rule of Evidence 706, to investigate the Golding Report's allegations that pertain to fraud or intent to mislead the court and/or the Special Master. The court has requested that Mr. Stevens participate by telephone conference in the status conference set for 12/14/2019 at 10:30 a.m. He may arrange for Benjamin B. Wagner, Esq. to be present telephonically as well.(Washington, S)
December 10, 2018 Opinion or Order Filing 6026 STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/7/2018 CONFIRMING that $783,639.55 plus interest is due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from 12/3/2018 (31 days after Defendants' receipt of Plaintiffs' statement). (cc: Finance) (Washington, S)
December 7, 2018 Opinion or Order Filing 6023 ORDER signed by District Judge Kimberly J. Mueller on 12/7/18 ORDERING that within thirty days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and twenty-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 and the Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (Kaminski, H)
December 6, 2018 Opinion or Order Filing 6020 ORDER signed by Magistrate Judge Deborah Barnes on 12/5/18 DIRECTING the clerk to pay Pannone Lopes Devereaux & O'Gara LLC the amount of $650,724.27. (cc Financial Department) (Coll, A)
November 14, 2018 Opinion or Order Filing 6003 STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 11/13/2018 Regarding Scribner's Error in Stipulated Order CONFIRMING Attorneys' Fees and Costs for the Second Quarter of 2018. $54,000 plus interest is due and collectable as of 45 days from the date of entry of this Order. (York, M)
November 7, 2018 Opinion or Order Filing 5999 ORDER signed by District Judge Kimberly J. Mueller on 11/6/18 ORDERING that paragraph 2 of this court's October 12, 2018 order, ECF No. 5949, is modified to provide as follows: Defendants shall not retaliate against Dr. Golding or Dr. Melanie Gonzalez or any person who assisted Dr. Golding in preparing his report. The Clerk of the Court is directed to forward a copy of Dr. Gonzalez's whistleblower complaint to counsel for plaintiffs and defendants in this action, without filing of the complaint at this time. [Whistleblower Complaint forwarded to parties by CRD].(Kaminski, H)
October 25, 2018 Opinion or Order Filing 5986 ORDER signed by District Judge Kimberly J. Mueller on 10/25/18 DIRECTING the parties and Dr. Golding's counsel to prepare a redacted version of the report and exhibits that conform to this order. Dr. Golding's counsel is DIRECTED to prepa re a redacted version of the Dr.'s verifying declaration and exhibits, coordinating with other counsel as she deems appropriate. The parties and Dr. Golding's counsel are further DIRECTED to jointly submit the redacted versions to KJMOrders@caed.uscourts.gov by the close of business on Tuesday, 10/30/2018. The court will file the redacted versions on the public docket on Wednesday, 10/31/2018. (Kastilahn, A)
October 24, 2018 Opinion or Order Filing 5985 ORDER signed by District Judge Kimberly J. Mueller on 10/23/18 REASSIGNING the action denominated as Wilson v. Beard, et al., Case No. 1:15-cv-1424 DAD BAM (PC), to District Judge Kimberly J. Mueller and Magistrate Judge Deborah Barnes for all furt her proceedings. The caption on documents filed in the REASSIGNED case shall be shown as Wilson v. Beard, Case No. 1:15-cv-1424 KJM DB P. IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. Any and all dates currently set before any judge to whom Wilson is currently assigned only are hereby VACATED. (Mena-Sanchez, L)
October 19, 2018 Opinion or Order Filing 5974 ORDER signed by Magistrate Judge Deborah Barnes on 10/18/2018 IT IS HEREBY ORDERED that the Clerk of the Court is directed to pay to Pannone Lopes Devereaux & O'Gara LLC Attn: Matthew A. Lopes, Jr., Esq., Special Master Northwoods Office Park, Johnston, RI, the amount of $498,797,19 as payment of the attached statement; and a copy of this order shall be served on the financial department of this Court. (cc: CFS)(Reader, L)
October 18, 2018 Opinion or Order Filing 5973 ORDER signed by District Judge Kimberly J. Mueller on 10/18/18 MODIFYING ORDER 5949 as follows: a. Paragraph 3 of the order at page 5 is modified to provide: 3. Defendants shall not conduct any investigation of their ownfor example, through CDCR 's Office of Internal Affairsinto the allegations contained in Dr. Goldings report. This does not prohibit defendants, or their counsel, from gathering documents or speaking with or conducting voluntary interviews of any person about the issues raised in Dr. Goldings report. b. Paragraph 4 of the order at page 5 is modified to provide: 4. Defendants shall not compel an interview of any employee of the CDCR, the Attorney General's Office, or the Governor's office, about the issues raised in Dr. Goldings report. c. Paragraph 5 of the order at page 5 is eliminated. 2. In all other respects, the 10/12/18 order is CONFIRMED. (Mena-Sanchez, L)
October 17, 2018 Opinion or Order Filing 5967 ORDER signed by District Judge Kimberly J. Mueller on 10/17/2018 ORDERING the hearing set to commence on 10/22/2018 at 1:00 P.M. is converted to a further full status conference. On or before Friday, 10/19/2018 at 12:00 noon, Dr. Golding shall submit to the court in camera, the declaration his counsel indicated he is prepared to provide. The court will notify Ms. Musell and the parties before Friday, 10/19/2018, as promptly as possible following receipt of Dr. Golding's declaration and not later than 5:00 p.m., whether Dr. Golding's attendance is required at the status conference on Monday 10/22/2018. On or before Friday, 10/19/2018 at 5:00 p.m., each party shall file a short brief, and Ms. Musell may file a short brief setting fo rth the legal standards that apply to the decision now before this court on whether to seal or unseal some or all of Dr. Golding's report. With respect to defendants' application for reconsideration of paragraphs 3, 4, and 5 of the 5949 O rder the parties shall promptly meet and confer in good faith and, to the extent possible, propose joint language to modify or clarify these provisions of the 5949 Order. If the parties cannot agree on joint language on or before 9:00 a.m. on Thurs day 10/18/2018 the parties shall file their separate proposals. In addition, counsel for Dr. Golding may, by the same time, file and serve any court orders or other legal authority that would aid in this court's consideration of the proper scope of any modifications to its 5949 Order. In light of the above 5959 Motion for Reconsideration is DENIED as MOOT. (Washington, S)
October 15, 2018 Opinion or Order Filing 5950 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/15/2018 ORDERING that the following state licensing requirements shall be waived with respect to the 70 temporary Intermediate Care Facility beds and two observation and restrai nt rooms in the LWing, L-1, at California Medical Facility: A. California Health and Safety Code section 1250(j); and B. California Code of Regulations, Title 22, sections 7950179861. 2. The duration of waiver is 18 months from the date of this order, and the parties shall consider the need for an extension of the waiver after 12 months.(Washington, S)
October 12, 2018 Opinion or Order Filing 5949 ORDER signed by District Judge Kimberly J. Mueller on 10/12/2018 IT IS HEREBY ORDERED that Defendants shall preserve all evidence relevant to Dr. Golding's report and the issues raised by that report and prevent or cease any ongoing destruction of related documents or information; On or before 10/15/2018, at 5:00 PM the parties shall file a redacted version of Dr. Golding's report and exhibits, or an explanation why any part believes the documents cannot be filed in redacted form; the hearing set for 10/15/2018 is CONTINUED to 10/22/2018 at 01:00 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller 5936 ; the initial hearing will be for testimony from Dr. Golding which shall conclude on or before 10/23/2018 at 05:00 PM; Defendants' 5928 request for stay is DENIED, consistent with the provisions of this order.(Reader, L)
October 9, 2018 Opinion or Order Filing 5940 ORDER signed by Magistrate Judge Deborah Barnes on 10/5/2018 DIRECTING the Clerk to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $594,602.87 as payment of the attached statement; and a copy of this order shall be served on the financial department of this court. (cc: Financial) (Yin, K)
September 24, 2018 Opinion or Order Filing 5931 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/24/2018 WAIVING the following state licensing requirements with respect to fifteen proposed temporary Mental Health Crisis Bed and four flexible-use beds in the Walker Unit at the California Institution for Women: A. California Health and Safety Code section 1250(j); and B. California Code of Regulations, Title 22, sections 7950179861. (Becknal, R)
September 20, 2018 Opinion or Order Filing 5928 ORDER signed by District Judge Kimberly J. Mueller on 9/20/18 ORDERING that the hearing set for 10/11/18 is CONTINUED to 10/15/2018 at 01:00 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. On or before 9/28/18, the parties sh all exchange a list of witnesses, a concise statement of each witness' proposed testimony, and a list of exhibits they intend to offer at hearing. On or before 10/8/18, the parties shall file a joint list of witnesses and exhibits to be presented at hearing. (Kaminski, H)
September 11, 2018 Opinion or Order Filing 5919 ORDER signed by District Judge Kimberly J. Mueller on 9/11/2018 GRANTING Special Master's 5903 request for appointment of additional staff. The Special Master is authorized to appoint Dwight Steward, Ph.D. and the research firm of EmployStat s, including but not limited to, Jeffrey Peterson, Ph.D., Valentyna Katsalap, Ph.D., Matt Rigling, and Susan Wirtanen, as experts to perform the discreet duties set forth in the Special Master's Request for the Appointment of Additional Staff, filed 9/4/2018, and to be compensated at the rates set forth therein. (Zignago, K.)
September 6, 2018 Opinion or Order Filing 5907 TENTATIVE RULINGS ON OBJECTIONS signed by District Judge Kimberly J. Mueller on 09/05/18. (Benson, A.)
September 4, 2018 Opinion or Order Filing 5902 ORDER signed by District Judge Kimberly J. Mueller on 8/31/2018 ORDERING Defendants to deposit with the Clerk of Court a 121st interim payment of costs in the amount of $750,000.00, within 30 days from the date of this order, to be invested in the interest-bearing account previously opened for this action. (cc: Financial Department) (Henshaw, R)
August 22, 2018 Opinion or Order Filing 5886 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/21/18 ORDERING that based on the parties' stipulation, the Court's Order 5786 and Stipulation and Order 5803 are amended to allow Defendants to file CDCR's psychiatry staffing vacancy report identifying the psychiatrist vacancy rates at each CDCR institution and in the aggregate systemwide by the last court day of each month. (Kastilahn, A)
August 9, 2018 Opinion or Order Filing 5877 ORDER signed by Magistrate Judge Deborah Barnes on 08/09/18 ORDERING the clerk of the court is directed to pay to Pannone, Lopes, Devereaux & O'Gara LLC, Attn: Matthew A. Lopes Jr., Esq., Special Master, Northwoods Office Park, Suite 215N, 1301 Atwood Avenue, Johnston, RI, 02919 the amount of $503,417.83 as payment of the attached statement. A copy of this order shall be served on the Financial department of this court. (cc: Financial) (Plummer, M)
July 31, 2018 Opinion or Order Filing 5866 ORDER signed by Magistrate Judge Deborah Barnes on 7/30/2018 ORDERING Clerk of Court to pay to Pannone Lopes Devereaux & OGara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, Northwoods Office Park, Suite 215N, 1301 Atwood Avenue, Johnston, RI 02919 the amount of $458,983.59 as payment of the attached statement. (cc: Financial Department) (Henshaw, R)
July 25, 2018 Opinion or Order Filing 5863 ORDER signed by District Judge Kimberly J. Mueller on 7/24/2018 ORDERING 640 that within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and twentieth 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)
July 17, 2018 Opinion or Order Filing 5859 AMENDED ORDER signed by Magistrate Judge Deborah Barnes on 7/16/2018 ORDERING Clerk of Court to pay to Pannone Lopes Devereaux & OGara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, Northwoods Office Park, Suite 215N, 1301 Atwood Avenue, Johnston, RI 02919 the amount of $350,000.000 as partial payment of the attached statement. (cc: Financial Department) (Henshaw, R)
July 12, 2018 Opinion or Order Filing 5852 ORDER signed by District Judge Kimberly J. Mueller on 7/12/18 ORDERING with the foregoing observations, updates and direction, IT IS HEREBY ORDERED that the Special Master's Twenty-Seventh Round Monitoring Report, ECF No. 5779 ,is ADOPTED in full. (Becknal, R)
July 11, 2018 Opinion or Order Filing 5851 ORDER signed by Magistrate Judge Deborah Barnes on 7/10/2018 ORDERING Clerk of Court to pay Matthew A. Lopes, Jr., Esq., Special Master, Pannone Lopes Devereaux & OGara LLC, Northwoods Office Park, Suite 215N, 1301 Atwood Avenue, Johnston, RI 02919 the amount of $350,000.00 as partial payment of the attached statement. (cc: Financial Department) (Henshaw, R)
July 3, 2018 Opinion or Order Filing 5850 ORDER signed by District Judge Kimberly J. Mueller on 7/3/2018 ORDERING that the court EXPECTS and ANTICIPATES that the parties will continue to work with an eye to avoiding litigation, and that the 9/7/2018 Status Report will demonstrate compliance with the 10/10/2017 Order with be achieved. Within 30 days from the date of this order, the Special Master shall complete a final proposed telepsychiatry policy. The 10/10/2017 Order Requiring Joint Status Report is MODIFIED to REQUIRE Discussion of the following specific matters, please see order for details. (Donati, J)
July 2, 2018 Opinion or Order Filing 5846 ORDER signed by Magistrate Judge Deborah Barnes on 7/2/2018 CONFIRMING 5834 Stipulation and Order re Attorneys' Fees and Costs for the First Quarter of 2018 and ORDERING $632,139.86 plus interest is due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from 6/3/2018 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Henshaw, R)
May 31, 2018 Opinion or Order Filing 5832 ORDER signed by District Judge Kimberly J. Mueller on 5/31/18 GRANTING 5831 Motion for Extension of time. (Kaminski, H)
May 15, 2018 Opinion or Order Filing 5826 ORDER signed by Magistrate Judge Deborah Barnes on 05/15/18 ORDERING the Clerk of the Court is directed to pay to Pannone, Lopes, Devereaux and O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, Northwoods Office Park, Suite 215N, 1301 Atwood Avenue, Johnston, RI 02919 the amount of $442,851.03 as payment of the attached statement. A copy of this order shall be served on the financial department of the court. (cc: Financial) (Plummer, M)
April 23, 2018 Opinion or Order Filing 5823 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/20/2018 DIRECTING Clerk of Court to pay Matthew A. Lopes, Jr., Esq., Special Master the amount of $490,208.24 as payment for the attached statement. (cc: Financial Department) (Henshaw, R)
April 10, 2018 Opinion or Order Filing 5816 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/9/2018 GRANTING 5812 Stipulation and Proposed Order. The joint request for extension of time is GRANTED. The updated Program Guide shall be completed in accordance with the requirements of this order and filed on or before 5/30/2018. (Zignago, K.)
April 4, 2018 Opinion or Order Filing 5815 ORDER signed by Chief Circuit Judge Sidney R. Thomas on 4/4/2018 DESIGNATING Circuit Judge Kim McLane Wardlaw to the three-judge court. The Three-Judge Court will now consist of Circuit Judge Kim McLane Wardlaw, District Judge Kimberly J. Mueller and District Judge Jon Tigar. (Donati, J)
April 2, 2018 Opinion or Order Filing 5814 ORDER signed by District Judge Kimberly J. Mueller on 3/30/2018 GRANTING 5810 Motion for Appointment of Additional Staff; The Special Master is AUTHORIZED to appoint Angelyne E. Cooper, Esq. as a court monitor. (Fabillaran, J)
March 20, 2018 Opinion or Order Filing 5809 ORDER signed by District Judge Kimberly J. Mueller on 3/19/2018 DIRECTING the Clerk, within 30 days from the date of this order, to deposit with the Clerk of the Court a 118th 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. (cc: Financial Department) (York, M)
March 16, 2018 Opinion or Order Filing 5807 ORDER signed by Magistrate Judge Deborah Barnes on 3/15/2018 ORDERING the Clerk is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $375,424.95 as payment of the attached statement. (cc: Financial) (Zignago, K.)
March 15, 2018 Opinion or Order Filing 5803 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/15/18, ORDERING that Defendants have until the last court day of March 2018 to file CDCR's February 2018 psychiatry staffing vacancy report identifying the psychiatrist vacancy rates at each CDCR institution and in the aggregate systemwide. (Kastilahn, A)
March 14, 2018 Opinion or Order Filing 5800 THREE-JUDGE COURT STIPULATION and ORDER signed by Circuit Judge Stephen Reinhardt, District Judge Kimberly J. Mueller and District Judge Jon S. Tigar on 3/14/2018 re: Design Capacity Calculations for infill beds at Mule Creek State Prison and Donovan Correctional Facility. (Donati, J)
March 12, 2018 Opinion or Order Filing 5798 ORDER signed by District Judge Kimberly J. Mueller on 3/9/2018 ORDERING Case No. 2:90-cv-0520 KJM DB P, No. 2:18-cv-0340 MCE AC P and No. 2:18-cv-0362 KJN P are RELATED. Actions No. 2:18-cv-0340 MCE AC P and No. 2:18-cv-0362 KJN P are REASSIGNED to D istrict Judge Kimberly J. Mueller and to Magistrate Judge Deborah Barnes for all further proceedings, and any dates currently set in the reassigned case only are hereby VACATED. The caption on documents filed in the reassigned cases shall be shown as Case No. 2:18-cv-0340 KJM DB P and Case No. 2:18-cv-0362 KJM DB P. (Zignago, K.)
February 21, 2018 Opinion or Order Filing 5794 ORDER signed by District Judge Kimberly J. Mueller on 2/21/18: Should defendants decide to file a motion to terminate this action prior to a determination by this court, or by agreement of the parties with the Special Master's approval, that a durable remedy has been achieved, defendants shall file notice of their intention to file such motion not later than six months prior to filing the motion. (Kaminski, H)
February 15, 2018 Opinion or Order Filing 5786 ORDER signed by District Judge Kimberly J. Mueller on 2/15/2018 ORDERING that on or before 2/28/2018 defendants shall provide to the Special Master and to plaintiffs summaries, one from each of the staffing consultants defendants retained to conduct tours in 2017 or 2018. Plaintiffs' request for discovery related to the staffing consultants' tours and for new tours is DENIED without prejudice to renewal, as appropriate, following review of the summaries required by paragraph 1 of this order. The Special Master shall take all steps necessary and within his powers as established by the Order of Reference to create a complete factual record for consideration and resolution of the issues outlined in this order in the manner described in this order. On or before 6/21/2018; the parties shall file a joint status report informing the court of their progress in resolving the questions outlined in this order. Further Status Conference is SET for 6/28/2018 at 02:00 PM in Courtroom 3 (KJ M) before District Judge Kimberly J. Mueller. Defendants shall file monthly reports on psychiatrist vacancy rates as required by this order. The first report shall be filed by 3/15/2018. Plaintiffs' request for an order governing future joint pr ison tours is denied without prejudice to its renewal, as appropriate, at the status conference set for 6/28/2018. To the extent not resolved by this order or the court's bench order, plaintiffs' 5764 motion for case management orders and sanctions, is DENIED as MOOT. Defendants' 5771 amended motion for extension of time is DENIED.(Washington, S)
February 14, 2018 Opinion or Order Filing 5782 ORDER signed by District Judge Kimberly J. Mueller on 2/13/18 ORDERING that the 1/25/18 ORDER to SHOW CAUSE 5762 is DISCHARGED; and Within fourteen days from the date of this order defendants shall consult and work with the Special Master to develop the plan and schedule required by this order. (Mena-Sanchez, L)
February 9, 2018 Opinion or Order Filing 5776 ORDER signed by Magistrate Judge Deborah Barnes on 2/7/2018 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $475,604.28 as payment of the attached statement; and a copy of this order shall be served on the financial department of this court. (cc: Financial) (Becknal, R)
February 5, 2018 Opinion or Order Filing 5774 ORDER signed by District Judge Kimberly J. Mueller on 2/5/18: Status Conference is set for 2/14/2018 at 02:00 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Not later than 4:00 p.m. on Monday, February 12, 2018, the parties shall file the joint status report required by this order. The status conference set for April 12, 2018 is vacated and will be reset, as appropriate, at a later stage of these proceedings. (Kaminski, H)
February 2, 2018 Opinion or Order Filing 5773 ORDER REASSIGNING CASE signed by District Judge Kimberly J. Mueller on 2/2/2018 RELATED CASE(S) with 2:90-CV-520 KJM DB P, 1:14-CV-1959 DAD SKO P, 1:15-CV-266 LJO JLT P and 2:17-CV-1402 CKD P, to District Judge Kimberly J. Mueller and Magistrate Judge Deborah Barnes for all further proceedings, and any dates currently set in the reassigned cases only are hereby VACATED; New Case Numbers: 1:14-CV-1959 KJM DB P, 1:15-CV-266 KJM DB P and 2:17-CV-1402 KJM DB P.(Reader, L)
January 30, 2018 Opinion or Order Filing 5767 ORDER signed by Magistrate Judge Deborah Barnes on 1/30/2018 The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. the amount of $312,432.11 as payment of the attached statement; and A copy of this order shall be served on the financial department of this court. (cc: Finance)(Washington, S)
January 25, 2018 Opinion or Order Filing 5763 ORDER signed by District Judge Kimberly J. Mueller on 1/25/2018 ORDERING that the Special Master's 1/23/2018 request for appointment of additional staff, ECF No. 5759, is GRANTED; and the Special Master is authorized to appoint LaTri-c-ea McC lendon-Hunt, Esq. as a court monitor to perform the duties set forth in the Special Master's Request for the Appointment of Additional Staff and Appointment of Deputy Special Master, filed 1/23/2018, and to be compensated at the rates set forth therein. (cc Financial) (Becknal, R)
December 15, 2017 Opinion or Order Filing 5750 ORDER signed by District Judge Kimberly J. Mueller on 12/15/17 ORDERING that A ddendum to 12.11.2101(A) PIP Policy and Procedure Referral and Admission, Exhibit 1 to 5744 , is APPROVED and shall be implemented forthwith. On or before 3/31/2018, the parties shall file a current consolidated Program Guide incorporating all modifications required by court orders issued since March 2006. This update to the Program Guide shall be completed under the supervision of the Special Master. The status conference set for 12/20/17 is VACATED. All deadlines related to the Program Guide addendum for exceptions to the twenty-four hour transfer timeline and to submission of reporting templates concerning MHCB transfers are VACATED. (Mena-Sanchez, L)
December 12, 2017 Opinion or Order Filing 5743 ORDER signed by Magistrate Judge Deborah Barnes on 12/12/17: The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. the amount of $458,958.79. (Kaminski, H)
December 7, 2017 Opinion or Order Filing 5741 ORDER signed by District Judge Kimberly J. Mueller on 12/7/2017 ORDERING, within thirty days, defendants shall deposit a one hundred and sixteenth 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) (Zignago, K.)
December 1, 2017 Opinion or Order Filing 5739 ORDER signed by Magistrate Judge Deborah Barnes on 11/30/2017 ORDERING the Clerk to pay Matthew A. Lopes, Jr., Esq., Special Master, the amount of $396,328.72 as payment of the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Zignago, K.)
November 21, 2017 Opinion or Order Filing 5736 THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt, District Judge Kimberly J. Mueller and District Judge Jon S. Tigar on 11/21/2017 TERMINATING amici Californian United for a Responsible Budget and NAACP Legal Defense and Educational Fund, Inc from the docket. (Donati, J)
November 6, 2017 Opinion or Order Filing 5726 ORDER signed by District Judge Kimberly J. Mueller on 11/03/17 setting forth the Agenda for the 12/20/17 status; a joint statement proposing language for addenda to the Program Guide is due by 11/30/17. (Benson, A.)
October 24, 2017 Opinion or Order Filing 5723 ORDER signed by District Judge Kimberly J. Mueller on 10/24/2017 Within thirty days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and fifteenth 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: Finance) (Washington, S)
October 10, 2017 Opinion or Order Filing 5711 ORDER signed by District Judge Kimberly J. Mueller on 10/10/2017 ORDERING the findings in the Special Master's 2/6/2017 Report on the Status of Mental Health Staffing and the Implementation of Defendants' Staffing Plan are ADOPTED in full. The recommendations are ADOPTED, with modifications, as stated in accordance with this order. Within one year form the date of this order, the CDCR defendants shall take all steps necessary to come into complete compliance with the staffing ratio s in their 2009 Staffing Plan and the maximum ten percent vacancy rate required by the court's 6/13/2002 order. Under the guidance of the Special Master, defendants shall develop an addendum to the Revised Program Guide to govern the use of te lepsychiatry and the extent to which telepsychiatrists may provide mental health services in place of on-site psychiatrists. Paragraph two of the court's 3/8/2017 order 5573 is AMENDED to require complete implementation of the DSH defendan ts' staffing plan within one year from the date of this order. Defendants' 4/13/2017 motion to strike 5600 and 4/27/2017 motion to strike 5613 are DENIED without prejudice. This matter is set for Status Conference on 4/12/2018 at 10:00 AM and for Further Status Conference on 10/11/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (See Order for Details)(Yin, K)
October 4, 2017 Opinion or Order Filing 5704 ORDER signed by District Judge Kimberly J. Mueller on 10/4/2017 GRANTING-IN-PART and DENYING-IN-PART 5681 Request to Seal Exhibits 2 & 7. (Donati, J)
September 28, 2017 Opinion or Order Filing 5699 ORDER signed by District Judge Kimberly J. Mueller on 09/27/17 ORDERING that that within 5 days, defendants shall inform the court in writing whether they consent to the partial grant of their request to seal as set forth in this order or, instead, whether there is good cause to seal additional pages within either Exhibit 2 or Exhibit 7 to the Weber Declaration. (Benson, A.)
September 25, 2017 Opinion or Order Filing 5693 ORDER signed by Magistrate Judge Deborah Barnes on 09/25/17 ORDERING that the Clerk of the Court is DIRECTED to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $444,375.38 as partial payment of the attached statement (cc: Financial). (Benson, A.)
September 22, 2017 Opinion or Order Filing 5689 ORDER signed by District Judge Kimberly J. Mueller on 9/22/17: The court requires defendants to explain why they have not activated the number of mental health crisis beds and acute inpatient care beds projected by their Bed Need Studies. The court also requires defendants to explain whether they can accelerate the building of some or all of these crisis beds. (Kaminski, H)
September 12, 2017 Opinion or Order Filing 5675 THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt, District Judge Kimberly J. Mueller and District Judge Jon S. Tigar on 9/12/2017 ORDERING intervenors who wish to remain on this case shall file a notice of intention to remain an intervenor on or before 10/12/2017. Any intervenor who does not timely file such notice will be terminated from this case with prejudice. (Donati, J)
August 28, 2017 Opinion or Order Filing 5668 STIPULATION and ORDER ON DEFENDANTS' PLAN TO REVIEW THE ENHANCED OUTPATIENT PROGRAM POPULATION signed by District Judge Kimberly J. Mueller on 8/23/17. (Mena-Sanchez, L)
August 18, 2017 Opinion or Order Filing 5666 ORDER signed by Magistrate Judge Deborah Barnes on 8/18/17 ORDERING that The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master Pannone Lopes Devereaux & O'Gara LLC Northwoods Office Park, Suite 215N 1301 Atwood Avenue Johnston, RI 02919 the amount of of $427,983.13 as payment of the attached statement; and A copy of this order shall be served on the financial department of this court.(Mena-Sanchez, L)
August 14, 2017 Opinion or Order Filing 5661 ORDER designating United States District Court composed of three judges pursuant to Section 2284, Title 28 United States Code. Effective 08/14/17, the Honorable Jon S. Tigar will take the place of the Honorable Thelton E. Henderson. Signed by Chief Judge Sidney R. Thomas, United States Court of Appeals for the Ninth Circuit, on 8/14/17. (Michel, G.)
August 1, 2017 Opinion or Order Filing 5656 ORDER signed by District Judge Kimberly J. Mueller on 8/1/2017 ORDERING that, within 7 days from the date of this order, the parties to file a supplemental stipulation clarifying the basis for their request to continue until 1/31/2018. The hearing scheduled for 8/29/2017 is CONTINUED to 9/29/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Deadline for filing of the joint report required by 5610 Order is CONTINUED to 8/29/2017. (Donati, J)
July 25, 2017 Opinion or Order Filing 5652 ORDER signed by Magistrate Judge Deborah Barnes on 7/24/17 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master Pannone Lopes Devereaux & O'Gara LLC Northwoods Office Park, Suite 215N 1301 Atwood Avenue Johnston, RI 02919 the amount of $458,376.80 as payment of the attached statement; and A copy of this order shall be served on the financial department of this court.(Mena-Sanchez, L)
July 20, 2017 Opinion or Order Filing 5649 ORDER signed by District Judge Kimberly J. Mueller on 7/19/17 ORDERING that Within thirty days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and thirteenth 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.(Mena-Sanchez, L)
July 17, 2017 Opinion or Order Filing 5643 ORDER signed by District Judge Kimberly J. Mueller on 7/14/17, ORDERING that within 14 days from the date of this order the parties in the above captioned case are directed to file and serve any response they may have to the Notice of Related Case s filed in this action on 7/11/2017. The Clerk is directed to filed a copy of this order in Case No. 1:14-cv-1959 DAD SKO P; Case No. 1:15-cv-0266 JLT P; and Case No. 2:17- cv-1402 CKD and serve it on the parties in said cases. Within 14 days from the date of this order any party to a case listed in paragraph two of this order may, but is not required, to respond to the Notice of Related Cases. (Kastilahn, A)
June 20, 2017 Opinion or Order Filing 5640 THREE-JUDGE COURT ORDER signed by Judge Kimberly J. Mueller, Stephen Reinhardt and Thelton E. Henderson on 6/20/2017 SUSPENDING Paragraph 4(B) of 5060 Order. (Donati, J)
June 16, 2017 Opinion or Order Filing 5638 ORDER signed by Magistrate Judge Deborah Barnes on 6/15/2017 ORDERING the Clerk of Court to pay Special Master, Matthew A. Lopes, Jr., Esq. the amount of $352,453.69. (cc: Financial Department) (Michel, G.)
June 8, 2017 Opinion or Order Filing 5633 STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 06/08/17 ORDERING that $542,933.79 plus interest is due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from 06/01/17 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Benson, A)
May 25, 2017 Opinion or Order Filing 5624 ORDER signed by Magistrate Judge Deborah Barnes on 5/25/2017 DIRECTING the Clerk of Court to pay $426,922.48 to Matthew A. Lopes, Jr., Special Master. (cc Financial) (Donati, J)
May 16, 2017 Opinion or Order Filing 5620 ORDER signed by Magistrate Judge Deborah Barnes on 5/15/2017 ORDERING the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr. Esq., Special Master, Pannone, Lopes, Devereaux & O'Gara LLC, Northwoods Office Park, Suite 215N, 1301 Atwood Avenue, Johnston, RI 02919 the amount of $186,197.38 to complete payment of the attached statement. A copy of this order shall be served on the financial department of the court. (cc: Financial) (Henshaw, R)
May 8, 2017 Opinion or Order Filing 5615 ORDER signed by District Judge Kimberly J. Mueller on 5/8/2017 ORDERING that Within thirty days from the date of this order, defendants shall deposit with the Clerk a one hundred and twelfth 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 Department)(Becknal, R)
April 14, 2017 Opinion or Order Filing 5605 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/13/2017 WAIVING State Law Regarding L-Wing at California Medical Facility. (Donati, J)
April 13, 2017 Opinion or Order Filing 5599 STIPULATION AND ORDER signed by Magistrate Judge Deborah Barnes on 4/12/2017 ORDERING that $608,486.77, plus interest, is due and collectable within forty-five (45) days; ORDERING that interest on said fees and costs run from 5/9/2017, accruing at the rate provided by 28 U.S.C. § 1961. (Michel, G.)
March 24, 2017 Opinion or Order Filing 5585 ORDER signed by District Judge Kimberly J. Mueller on 3/23/17: Within five days from the date of this order plaintiffs shall inform the court in writing whether they consent to the partial grant of their request to seal as set forth in this order or, instead, whether they withdraw the request and the accompanying declaration. (Kaminski, H)
March 21, 2017 Opinion or Order Filing 5581 ORDER signed by Magistrate Judge Deborah Barnes on 3/21/2017 ORDERING that the Clerk is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $405,994.22 for services rendered in February 2017 in accordance with the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Zignago, K.)
March 8, 2017 Opinion or Order Filing 5573 ORDER signed by District Judge Kimberly J. Mueller on 3/7/2017 ADOPTING in FULL 5448 Special Master's Monitoring Report on the Mental Health Inpatient Care programs for Inmates of the California Department of Corrections and Rehabilitation, as are his second, third, and fourth recommendations, 5448 at 121-22. Under the guidance and supervision of the Special Master, and with input from the plaintiffs as appropriate, the DSH defendants shall develop a plan within 90 days for the creation of a continuous quality improvement (CQI) process to be utilized in the DSH inpatient programs that treat Coleman class members. The DSH defendants shall develop within 90 days a plan for the creation of a consistent and uniform patient level system to be utilized across all of its inpatient programs that treat Coleman class members. Until further order of court, defendants shall meet and confer with the Special Master at least thirty days before making any changes, additions, or reductions in the number and/or use of any inpatient beds or mental health crisis beds. (Washington, S)
February 23, 2017 Opinion or Order Filing 5571 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 2/23/17: The stipulation to extend until March 30, 2017 the time for the parties to file responses to the Special Master's Staffing Report is APPROVED. (Kaminski, H)
February 22, 2017 Opinion or Order Filing 5570 ORDER signed by Magistrate Judge Deborah Barnes on 2/21/17: The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master the amount of $414,924.83 for services rendered in January 2017. A copy of this order shall be served on the financial department of this court. (Kaminski, H)
January 31, 2017 Opinion or Order Filing 5561 ORDER signed by Magistrate Judge Deborah Barnes on 1/30/2017 ORDERING the The Clerk of the Court is DIRECTED to pay to Matthew A. Lopes, Jr., Esq. the amount of $361,522.22 for services rendered in December 2016 in accordance with the attached statement. (cc: Financial)(Washington, S)
January 19, 2017 Opinion or Order Filing 5551 ORDER signed by District Judge Kimberly J. Mueller on 1/19/2017 ORDERING the defendants to be prepared to present information, in the form of a written declaration, or live testimony subject to cross-examination at the Status Conference set for 1/23/ 2017, that provides clarity regarding the data on which defendants' decisions are based, as well as the ongoing disconnect between the number of inmates waiting for appropriate mental health treatment and the number of beds available but unoccupied to allow for that treatment. (Michel, G.)
January 10, 2017 Opinion or Order Filing 5539 STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 1/9/17 ORDERING $594,602.07 plus interest is due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from 11/28/2016 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961.(Washington, S)
December 28, 2016 Opinion or Order Filing 5538 ORDER signed by District Judge Kimberly J. Mueller on 12/27/2016 ORDERING within 30 days, defendants shall deposit with the Clerk of the Court a one hundred and tenth 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 shall serve a copy of this order on the Financial Department. (cc: Financial)(Yin, K)
December 20, 2016 Opinion or Order Filing 5537 ORDER signed by District Judge Kimberly J. Mueller on 12/20/16: The court requests the assistance of the Special Master in determining possible alternative formats for the reports that may be more helpful in identifying and highlighting information the court needs in order to enforce compliance with the remedial plan and other remedial orders. (Kaminski, H)
December 14, 2016 Opinion or Order Filing 5531 ORDER signed by Magistrate Judge Deborah Barnes on 12/14/2016 ORDERING that the Clerk is directed to pay to Special Master, Matthew A. Lopes, Jr., Esq., the amount of $560,447.92 for services rendered in November 2016 in accordance with the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Zignago, K.)
December 2, 2016 Opinion or Order Filing 5527 ORDER signed by Magistrate Judge Deborah Barnes on 12/2/2016 ORDERING that the Clerk of the Court is directed to pay to: Matthew A. Lopes, Jr., Esq., Special Master, Pannone Lopes Devereaux & West LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908, the amount of $525,023.08 for services rendered in October 2016; a copy of this order shall be served on the financial department of this court (cc: Financial). (Jackson, T)
November 30, 2016 Opinion or Order Filing 5526 ORDER signed by District Judge Kimberly J. Mueller on 11/30/16: Within thirty days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and ninth 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. (cc: Financial Department). (Kaminski, H)
October 31, 2016 Opinion or Order Filing 5508 ORDER signed by District Judge Kimberly J. Mueller on 10/31/2016 ORDERING that within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and eighth interim payment of costs in the amount of  6;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. (Jackson, T)
October 27, 2016 Opinion or Order Filing 5507 ORDER signed by Magistrate Judge Deborah Barnes on 10/26/2016 ORDERING the Clerk is directed to pay Matthew A. Lopes, Jr., Esq., Special Master the amount of $529,159.57 for services rendered in September 2016 in accordance with the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Zignago, K.)
October 25, 2016 Opinion or Order Filing 5506 ORDER signed by District Judge Kimberly J. Mueller on 10/25/16 ordering on October 24, 2016, Defendants filed a request for leave to file a reply to Plaintiffs response to Defendants Update to the Department of State Hospitals Inpatient Census and Patient Movement Report by no later than November 4, 2016. Good cause appearing, Defendants request 5505 is GRANTED.(Plummer, M) Modified on 10/25/2016 (Plummer, M).
October 6, 2016 Opinion or Order Filing 5498 ORDER signed by District Judge Kimberly J. Mueller on 10/6/2016 ORDERING 5496 Plaintiffs are GRANTED 14 days from the date of this order in which to file and serve a response to defendants' 9/28/2016 update; and a Status Conference is set for 11/10/2016 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Reader, L)
September 26, 2016 Opinion or Order Filing 5495 STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 9/22/2016 Confirming Attorneys' Fees and Costs for the Second Quarter of 2016. (Jackson, T)
September 23, 2016 Opinion or Order Filing 5494 ORDER signed by Magistrate Judge Deborah Barnes on 9/22/2016 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, of Pannone Lopes Devereaux & West LLC, Providence, RI, the amount of $449,338.99 for services rendered in August 2016 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (Reader, L)
September 20, 2016 Opinion or Order Filing 5493 ORDER signed by District Judge Kimberly J. Mueller on 9/19/16 ORDERING that Within thirty days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and 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; and The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court.(Mena-Sanchez, L)
September 1, 2016 Opinion or Order Filing 5487 AMENDED STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/1/2016 MODIFYING 5271 Order Regarding First Watch Security/Welfare Checks at Pelican Bay State Prison Security Housing Unit. (Jackson, T)
August 24, 2016 Opinion or Order Filing 5484 ORDER signed by District Judge Kimberly J. Mueller on 8/23/2016 ORDERING that all documents submitted to this Court by any individual proceeding pro se shall be returned to that individual with a copy of this order. The court may, in its discretion, forward a copy of such documents to the Special Master, or, as appropriate, to counsel for plaintiffs or defendants. (Jackson, T)
August 23, 2016 Opinion or Order Filing 5483 ORDER signed by Magistrate Judge Deborah Barnes on 8/18/16 ORDERING that the Clerk is directed to pay Matthew A. Lopez, Jr., Special Master, the amount of $279,469.42 for services rendered in July 2016 in accordance with the attached statement. (cc: Financial Dept) (Kastilahn, A)
August 9, 2016 Opinion or Order Filing 5477 ORDER signed by District Judge Kimberly J. Mueller on 8/7/2016 ORDERING the defendants to provide the Special Master with monthly updates re implementation of their staffing plan and to meet and confer monthly to discuss and consider strategies and i nitiatives; ORDERING the Special Master to issue a stand-alone report on the status of mental health staffing and implementation of the defendants' staffing plan within one hundred twenty (120) days; ORDERING the CDCR defendants to complete and implement their new peer review process at 34 CDCR institutions; ORDERING the defendants and the Special Master to meet and confer to discuss, consider and develop strategies and initiatives to improve collaboration between custody and mental health at all institutions where mentally ill inmates are housed; ADOPTING the plan and agreement described in the 5439 Twenty-Sixth Round Monitoring Report; ORDERING the CDCR to conduct its trial implementation of CQIT at ten CDCR institutions, in the manner described in the Twenty-Sixth Round Monitoring Report, during the Special Masters Twenty-Seventh Monitoring Round. (Michel, G.)
August 3, 2016 Opinion or Order Filing 5476 ORDER signed by District Judge Kimberly J. Mueller on 08/02/16 ORDERING that Special Master Matthew A Lopes, Jr.'s 5473 Request for appointment of additional staff is GRANTED; the Special Master is authorized to appoint Regina M. Costa, Esq. as a court monitor and to be compensated at the following rates: $235.00 per hour for her work and $90.00 per hour for travel time, plus reasonable expenses (cc: Financial). (Benson, A)
July 25, 2016 Opinion or Order Filing 5472 ORDER signed by Magistrate Judge Kendall J. Newman on 7/22/16 ordering the Clerk of the Court is directed to pay Matthew A. Lopes, Jr., Esq., Special Master, Pannone, Lopes, Devereaux & West LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908 the amount of $469,051.18 for services rendered in June 2016 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)
June 30, 2016 Opinion or Order Filing 5467 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/30/2016 EXTENDING Order Modifying the 2/3/2015 Order Regarding First Watch Security/Welfare Checks at Pelican Bay State Prison Security Housing Unit re: 5465 Stipulation and Proposed Order. (Donati, J)
June 29, 2016 Opinion or Order Filing 5464 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/28/16. The parties stipulate and agree that $494,335.22 plus interest is 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 2, 2016 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961.(Dillon, M)
June 27, 2016 Opinion or Order Filing 5460 ORDER signed by District Judge Kimberly J. Mueller on 6/27/2016 ORDERING within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and 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. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court (cc: Financial). (Jackson, T)
June 23, 2016 Opinion or Order Filing 5457 ORDER signed by Magistrate Judge Kendall J. Newman on 6/23/16 ordering the clerk of the court is directed to pay to Matthew A. Lopes, Jr. Esq., Special Master, Pannone, Lopes, Devereaux & West LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908 the amount of $489,048.07 for services rendered in May 2016 in accordance with the attached statement. A copy of this order shall be served on the Financial Department of this court. (cc: Financial)(Plummer, M)
May 20, 2016 Opinion or Order Filing 5446 ORDER signed by Magistrate Judge Kendall J. Newman on 05/20/16 ordering the clerk of the court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, Pannone, Lopes, Devereaux and West LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908 the amount of $441,449.05 for services rendered in April 2016 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)
May 19, 2016 Opinion or Order Filing 5445 ORDER signed by District Judge Kimberly J. Mueller on 5/19/2016 ORDERING, within 30 days, defendants shall deposit with the Clerk a one hundred and 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; and the Clerk shall serve a copy of this order on the Financial Department. (cc: Financial)(Yin, K)
May 3, 2016 Opinion or Order Filing 5438 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 05/02/16 ordering the parties request for a 60 days extension of the Court's 12/28/15 order modifying its 02/03/15 order allowing defendants to temporarily conduct Security/W elfare checks utilizing Guard One at the Pelican Bay SHU once per hour during First Watch (2200 hours to 0600) hours is granted. This stipulation will expire on 06/30/16 and may be continued by further Stipulation and concurrence of the Special Master. (Plummer, M)
April 28, 2016 Opinion or Order Filing 5436 ORDER to SHOW CAUSE signed by District Judge Kimberly J. Mueller on 4/28/16ORDERING that within 14 days from the date of this order the parties in the above-captioned cases may show cause, if any they have, why the action denominated as 2:16-cv-0811 TLN CKD P should not be reassigned to the undersigned and Magistrate Judge Kendall J. Newman for all further proceedings.(Dillon, M)
April 22, 2016 Opinion or Order Filing 5435 ORDER signed by District Judge Kimberly J. Mueller on 4/21/2016 ORDERING that all documents submitted to this Court by employees of state agencies involved in this action be returned to the staff with a copy of this order. (Michel, G.)
April 21, 2016 Opinion or Order Filing 5434 ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/16 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $360,053.02 for services rendered in March 2016 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 5, 2016 Opinion or Order Filing 5429 ORDER signed by District Judge Kimberly J. Mueller on 4/4/16 ORDERING that the Special Master's Expert's report entitled Re-Audit and Update on Suicide Prevention Practices in the Prisons of the California Department of Corrections and Rehabilitation, ECF No. 5396 , is adopted in full. (Kastilahn, A)
March 25, 2016 Opinion or Order Filing 5426 ORDER signed by District Judge Kimberly J. Mueller on 03/24/16 ORDERING that the 5399 Special Master's Expert's Report on Suicides Completed In the California Department of Corrections and Rehabilitation January 1, 2013 December 31, 2013 is ADOPTED IN FULL. (Benson, A)
March 23, 2016 Opinion or Order Filing 5425 ORDER signed by District Judge Kimberly J. Mueller on 3/22/16 ORDERING that within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and 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. (cc Financial)(Dillon, M)
March 18, 2016 Opinion or Order Filing 5424 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 3/17/16 ORDERING that $405,382.31 plus interest is due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from February 29, 2016 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961.(Dillon, M)
March 17, 2016 Opinion or Order Filing 5423 ORDER signed by Magistrate Judge Kendall J. Newman on 03/17/16 ordering the clerk of the court is directed to pay Matthew R. Lopes, Jr. Esq., special master the amount of $355,307.99 for services rendered in February 2016 in accordance with the attached statement. A copy of this order shall be served on the Financial Department of this court. (cc: Financial)(Plummer, M) Modified on 3/17/2016 (Plummer, M).
March 15, 2016 Opinion or Order Filing 5419 ORDER signed by Magistrate Judge Kendall J. Newman on 3/15/16 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $355,307.99 for services rendered in January 2016 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)
March 4, 2016 Opinion or Order Filing 5416 THREE-JUDGE COURT ORDER signed by District Judge Kimberly J. Mueller on 3/4/2016 ORDERING the defendants to continue to report to the court monthly as required by the 5061 Three-Judge Court Opinion; ORDERING that said reports include a discussion of the steps the defendants are taking to ensure that complaince with the 137.5% benchmark is durable. (Michel, G.)
March 2, 2016 Opinion or Order Filing 5415 ORDER signed by District Judge Kimberly J. Mueller on 3/1/2016 ORDERING Upon review of the Notice of Related Cases, the court has determined it is inappropriate to relate and reassign Case No. 2:15-CV-02656 KJM CKD to Case No. 2:90-CV-0520 KJM KJN, and therefore declines to do so. IT IS SO ORDERED; Nothing in this order should be construed as a finding on the merits of any of the assertions in the Notice or the response of the Coleman plaintiffs to the Notice. (Reader, L)
February 12, 2016 Opinion or Order Filing 5410 ORDER signed by District Judge Kimberly J. Mueller on 2/12/2016 ORDERING defendants to deposit $750,000.00 with the Clerk of Court within 30 days of the date of this order. (cc Financial) (Donati, J)
February 5, 2016 Opinion or Order Filing 5408 ORDER signed by Magistrate Judge Kendall J. Newman on 02/05/16 ordering the Clerk of the Court is directed to pay Matthew A. Lopes, Jr., Esq., Special Master the amount of $416,475.33 for services rendered in December 2015 in accordance with the attached statement. A copy of this order shall be served on the Financial Department of this court. (cc: Financial) (Plummer, M)
January 22, 2016 Opinion or Order Filing 5404 ORDER signed by District Judge Kimberly J. Mueller on 1/22/2016 ORDERING that within 30 days from the date of this order, defendants shall deposit $750,000.00 (102 interim payment) with the Clerk of Court. (cc Financial Department) (Donati, J)
December 28, 2015 Opinion or Order Filing 5393 STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 12/28/15 ORDERING that in approving the parties' stipulation, the court clarifies that the stipulation will expire on May 1, 2016, unless the court orders otherwise before that date. (Kastilahn, A)
December 21, 2015 Opinion or Order Filing 5390 ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/15 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $304,546.73 for services rendered in November 2015 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court.(Dillon, M)
December 10, 2015 Opinion or Order Filing 5385 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 12/9/15. THE PARTIES HEREBY STIPULATE AND AGREE that $548,842.76 plus interest is due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from November 29, 2015 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961.(Dillon, M)
November 13, 2015 Opinion or Order Filing 5378 ORDER signed by Magistrate Judge Kendall J. Newman on 11/12/15 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $331,885.64 for services rendered in October 2015 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 12, 2015 Opinion or Order Filing 5377 ORDER signed by Judge Kimberly J. Mueller on 11/10/2015 ORDERING in lieu of a separate report as contemplated by the court's 5/18/2015 order, the Special Master shall include in his Twenty Sixth Round Monitoring Report the report and recommendations on staffing required by that order.(Yin, K)
October 28, 2015 Opinion or Order Filing 5371 STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 10/27/15. Defendants shall continue, under the guidance of the Special Master, to implement the plans and policies approved by the Courts August 11, 2014 order, as modified by the propo sed revision to Section 51020.5 of CDCRs Use of Force policy identified herein. Implementation of the plans and policies approved by the August 11, 2014 order and this order shall continue to be monitored by the Special Master in accordance with his monitoring and reporting duties in this action.(Dillon, M)
October 13, 2015 Opinion or Order Filing 5367 ORDER signed by Judge Kimberly J. Mueller on 10/13/2015 APPROVING the 5363 Finalized Templates. In accordance with paragraph 4 of this court's 5343 Order, the first set of completed templates shall be filed with the monthly reports to be filed in October 2015. (Donati, J)
September 30, 2015 Opinion or Order Filing 5364 ORDER signed by Judge Kimberly J. Mueller on 9/29/2015 GRANTING defendant Edmund G. Brown, Jr.'s 5359 Motion for Leave to modify deadline. Defendants' deadline is EXTENDED to 10/30/2015 to activate office and treatment space for Enhanced Outpatient Program patients at Central California Women's Facility. (Marciel, M)
September 24, 2015 Opinion or Order Filing 5361 ORDER signed by Judge Kimberly J. Mueller on 9/23/15: IT IS HEREBY ORDERED that the 5325 Special Master's Expert's Report on Suicides Completed in the California Department of Corrections and Rehabilitation July 1, 2012 - December 31, 2012 is ADOPTED IN FULL. (Meuleman, A)
September 22, 2015 Opinion or Order Filing 5360 STIPULATED REQUEST AND ORDER FOR FIRST EXTENSION OF TIME to file Report on use of Atascadero State Hospital signed by Judge Kimberly J. Mueller on 9/21/15. (Mena-Sanchez, L)
September 16, 2015 Opinion or Order Filing 5355 ORDER signed by Magistrate Judge Dale A. Drozd on 9/15/15 ORDERING that The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq.Special Master, the amount of $305,847.00 for services rendered in August 2015 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 8, 2015 Opinion or Order Filing 5352 STIPULATION and ORDER confirming attorney's fees and costs for the second quarter of 2015 signed by Magistrate Judge Dale A. Drozd on 9/4/15. (Kaminski, H)
September 4, 2015 Opinion or Order Filing 5351 ORDER signed by Judge Kimberly J. Mueller on 9/3/2015 ORDERING that within 30 days, defendants shall deposit with the Clerk of the Court a one hundred and first 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) (Zignago, K.)
August 28, 2015 Opinion or Order Filing 5350 ORDER signed by Magistrate Judge Dale A. Drozd on 8/28/2015 DIRECTING the Clerk to pay Special Master Matthew A. Lopes, Jr. $394,159.41 in accordance with the attached statement. (CC Financial) (Donati, J)
August 21, 2015 Opinion or Order Filing 5343 ORDER signed by Judge Kimberly J. Mueller on 8/20/2015 ORDERING that commencing forthwith, the Special Master shall be actively involved in the ongoing negotiations to update the memorandum of understanding (MOU) between DSH and the CDCR for provisi on of inpatient mental health care. Within thirty days, defendants shall report to the court on whether regular and consistent use of the full complement of 256 beds at Atascadero State Hospital (ASH) designated for Coleman class members is suffic ient to permanently eliminate the ongoing waitlist for inpatient mental health care and if not, why not and what alternate plans are in place for waitlisted class members. Plaintiffs may file a written response to defendants' report within thir ty days of the filing of that report. By close of business on August 21, 2015, Pamela Ahlin, Director, Department of State Hospitals, George Maynard, Deputy Director, State Hospitals Strategic Planning & Implementation, and Nicole Harrigan, Esq., shall file declarations confirming their representations at the August 19 status and attesting to the matters set forth in paragraph 3 of the court's 8/5/2015 order. The court is providing a draft template to the Special Master, expanding Tabl e 2 provided by defendants in their 8/17/2015 report to the court. The Special Master shall work with the parties to finalize the template, while achieving the essential reporting purposes reflected in the court's draft template. The Special Master shall file the finalized template with the court on or before 9/15/2015. Thereafter, defendants shall each month complete and file on the public docket an updated report providing all the information provided by the template, filing this report at the same time defendants file under seal their monthly reports concerning individual referrals, pending referrals, rejections and transfer of class members from outpatient to inpatient mental health care. (Zignago, K.)
August 5, 2015 Opinion or Order Filing 5333 ORDER signed by Judge Kimberly J. Mueller on 8/5/15 ORDERING that this matter is SET for Status Conference on Wednesday, 8/19/2015 at 01:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. On or before 8/17/15 at 4:30 p.m., the parties1 shall file a joint status report. (Mena-Sanchez, L)
July 20, 2015 Opinion or Order Filing 5332 ORDER signed by Magistrate Judge Dale A. Drozd on 7/20/2015 DIRECTING the Clerk to pay $452,115.03 to Special Master Matthew A. Lopes. (cc Financial)(Donati, J)
June 30, 2015 Opinion or Order Filing 5328 ORDER signed by Judge Kimberly J. Mueller on 06/30/15 ORDERING that within 30 days, defendants shall deposit with the Clerk of the Court a one hundredth 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 (cc: Financial). (Benson, A)
June 17, 2015 Opinion or Order Filing 5326 ORDER signed by Magistrate Judge Dale A. Drozd on 6/16/15 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $505,503.97 for services rendered in May 2015 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 12, 2015 Opinion or Order Filing 5321 STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 6/11/15. The parties stipulate and agree that $1,165,426.23 plus interest is due and collectable as of 60 days from the date of entry of this Order. Interest on these fees and costs will run from December 6, 2014 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961. (Dillon, M)
June 10, 2015 Opinion or Order Filing 5320 STIPULATION and ORDER CONFIRMING ATTORNEYS' FEES AND COSTS FOR THE FIRST QUARTER OF 2015 signed by Magistrate Judge Dale A. Drozd on 6/9/15, ORDERING that $558,122.82 plus interest is due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from May 29, 2015 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Kastilahn, A)
May 22, 2015 Opinion or Order Filing 5313 ORDER signed by Magistrate Judge Dale A. Drozd on 05/21/15 ORDERING that the Clerk is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, Pannone Lopes Devereaux & West LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908, the amount of $439,740.65 for services rendered in March 2015 in accordance with the attached statement (cc: Financial). (Benson, A)
May 19, 2015 Opinion or Order Filing 5308 ORDER signed by Judge Kimberly J. Mueller on 5/19/2015 ORDERING defendants to deposit with the Clerk a ninety-ninth interim payment of costs in the amount of $750,000.00, within 30 days; and the Clerk shall serve a copy of this order on the Financial Department. (cc: Financial)(Yin, K)
May 18, 2015 Opinion or Order Filing 5307 ORDER signed by Judge Kimberly J. Mueller on 5/15/2015 ORDERING the defendants to move forward with the proposals contained in the 5269 Status Report on review of mental health staffing; ORDERING the defendants to seek approval of the Special Maste r and leave of court prior to making any changes in their existing mental health staffing ratios; ORDERING the Special Master to report to the court within 180 days, the status of the defendants' implementation of the proposals contained in the 5269 Status Report and to include in said report such recommendations as may be necessary to address any ongoing mental health staffing deficiencies; DENYING the plaintiffs' request for further court orders contained in 5281 Objections. (Michel, G.)
April 20, 2015 Opinion or Order Filing 5302 ORDER signed by Magistrate Judge Dale A. Drozd on 4/17/15 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $60,622.14 to complete payment for services rendered in February 2015 together with the amount of $547,456.79 for services rendered in March 2015 in accordance with the attached statement, for a total of $608,078.93; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M)
April 16, 2015 Opinion or Order Filing 5301 ORDER signed by Judge Kimberly J. Mueller on 04/16/15 ordering within 30 days from the date of this order, defendants shall deposit with the clerk of the court a ninety-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 shall serve a copy of this order on the Financial Department of this court. (cc: Financial) (Plummer, M)
April 7, 2015 Opinion or Order Filing 5299 STIPULATION and ORDER Discharging Orders Requiring Monthly Reports signed by Judge Kimberly J. Mueller on 4/6/15. (Dillon, M)
March 24, 2015 Opinion or Order Filing 5294 ORDER signed by Magistrate Judge Dale A. Drozd on 3/23/15 ORDERING that The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master the amount of $470,000.00; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M)
March 20, 2015 Opinion or Order Filing 5292 ORDER signed by Judge Kimberly J. Mueller on 3/20/15 ORDERING that Within thirty days from the date of this order, defendants shall deposit with the Clerk of the Court a ninety-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; and The Clerk Court is directed to serve a copy of this order on the Financial Department of this Court.(Mena-Sanchez, L)
March 3, 2015 Opinion or Order Filing 5286 ORDER granting 5282 Motion for leave to file an opposition to Plaintiffs' Objections to Defendants' Report on Review of Mental Health Staffing signed by Judge Kimberly J. Mueller on 3/2/15. (Kaminski, H)
February 20, 2015 Opinion or Order Filing 5280 ORDER signed by Magistrate Judge Dale A. Drozd on 02/19/15 ordering the clerk of the court is directed to pay to Matthew A. Lopes, Jr., Esq, Special Master the amount of $459,982,30 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)
February 10, 2015 Opinion or Order Filing 5274 ORDER signed by Judge Kimberly J. Mueller on 2/9/15 re: 5174 . IT IS HEREBY ORDERED that the Special Master shall continue monitoring the progress of the San Quentin Psychiatric Inpatient Program as part of his ongoing monitoring of the other pr ograms that provide mental health inpatient treatment to class members and shall provide an updated report on the San Quentin Psychiatric Inpatient Program as part of his findings at all other inpatient mental health programs. The updated report shall either be included in the Special Master's Twenty-Sixth Round Monitoring Report or in a companion report to be filed therewith. (Meuleman, A)
February 6, 2015 Opinion or Order Filing 5273 STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 2/5/15 ORDERING that the Request for Extension of time to file Responses and objections to the Special Master's Report on CDCR'S Implementation of Policies and Procedures on Rules Violation Reports is GRANTED; The time for the parties to file responses to the January 30 Report is EXTENDED for thirty (30) days until 3/3/2015.(Mena-Sanchez, L)
February 3, 2015 Opinion or Order Filing 5271 ORDER signed by Judge Kimberly J. Mueller on 2/3/15. Defendants shall adopt the recommendations contained in the Special Masters Report on his Experts Audit, ECF No. 5258 , and shall work with the Special Master in the Suicide Prevention Management Workgroup and otherwise as may be necessary on the development of strategies and the implementation of the changes and practices contained in those recommendations; and the Special Master shall provide an update to the court on defendants progress in implementing suicide prevention policies and practices either in his Twenty-Sixth Round Monitoring Report or in a companion report to be filed therewith. (Manzer, C)
February 2, 2015 Opinion or Order Filing 5270 ORDER signed by Magistrate Judge Dale A. Drozd on 1/30/15 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $323,861.43 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)
January 22, 2015 Opinion or Order Filing 5264 THREE-JUDGE COURT ORDER signed by District Judge Kimberly J. Mueller, Circuit Judge Stephen Reinhardt and Senior Judge Thelton E. Henderson on 1/22/2015 AMENDING the 5060 & 5129 Orders. (Donati, J)
December 19, 2014 Opinion or Order Filing 5255 ORDER signed by Judge Kimberly J. Mueller on 12/18/2014 ORDERING that within 30 days from the date of this order, defendants shall deposit with the Clerk of Court $750,000. (cc Financial) (Donati, J)
December 4, 2014 Opinion or Order Filing 5247 ORDER signed by Magistrate Judge Dale A. Drozd on 12/3/14 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master the amount of $387,783.42 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 17, 2014 Opinion or Order Filing 5240 ORDER signed by Judge Kimberly J. Mueller on 11/14/14 ordering within 30 days from the date of this order, defendants shall deposit with the clerk of the court a ninety-fifth interim payment of costs in the amount of $750,000.00 which amount shall be invested in interest-bearing account previously opened for this action. The clerk of the court shall serve a copy of this order on the Financial Department of the Court. (cc: Financial). (Plummer, M) Modified on 11/17/2014 (Plummer, M).
November 14, 2014 Opinion or Order Filing 5237 THREE-JUDGE COURT ORDER signed by Judge Kimberly J. Mueller, Senior Judge Thelton E. Henderson and Circuit Judge Stephen Reinhardt on 11/14/14 GRANTING-IN-PART 5220 Motion for Further Enforcement Order. (Donati, J)
October 29, 2014 Opinion or Order Filing 5236 THREE-JUDGE COURT ORDER signed by Judge Kimberly J. Mueller, Circuit Judge Stephen Reinhardt and Senior Judge Thelton E. Henderson on 10/29/2014 ORDERING that the Compliance Officer shall promptly confer with the parties and gather facts relevant to resolving plaintiffs' motion. The parties shall fully cooperate with the Compliance Officer. The Compliance Officer shall report confidentially to this court on the issues raised above, as well as on any other issued he deems relevant to these matters. Plaintiffs' motion remains under submission. (Donati, J)
October 27, 2014 Opinion or Order Filing 5235 AMENDED ORDER signed by Magistrate Judge Dale A. Drozd on 10/27/14 ordering the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr. Esq., Special Master the amount of $50,484.71 to complete payment for services rendered in September 2014. A copy of this order shall be served on the Financial Department of the Court. (cc: Financial)(Plummer, M)
October 20, 2014 Opinion or Order Filing 5232 ORDER signed by Magistrate Judge Dale A. Drozd on 10/20/2014 ORDERING the Clerk to pay Special Master Matthew A. Lopes, Jr. $450,000.00 in accordance with the attached statement. (CC Sacramento Financial)(Donati, J)
October 10, 2014 Opinion or Order Filing 5228 STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 10/9/14. The parties hereby stipulate and agree that $441,000.00 plus interest is due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from September 5, 2014 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961.(Dillon, M)
October 1, 2014 Opinion or Order Filing 5226 ORDER signed by Judge Kimberly J. Mueller on 9/30/2014. Within 30 days from date of this Order, defendants shall deposit with Clerk a 94th Interim Payment of Costs in the amount of $750,000.00. This amount shall be invested in the interest-bearing account previously opened for this action. Clerk directed to serve a copy of Order on Financial Department. (Marciel, M)
September 24, 2014 Opinion or Order Filing 5221 ORDER signed by Magistrate Judge Dale A. Drozd on 9/24/2014 ORDERING the Clerk of Court to pay Special Master Matthew A. Lopes, Jr. $456,070.56 in accordance with the attached statement. (CC Sacramento Financial) (Donati, J)
August 29, 2014 Opinion or Order Filing 5212 ORDER signed by Judge Lawrence K. Karlton on 8/29/2014 ORDERING the plans and policies filed by defendant on 8/29/2014 are APPROVED. The 10/10/2002 1440 Order is DISCHARGED. The court's 4/10/2014 5131 Order is MODIFIED as follows: The cert ification requirement in paragraph 2e is replaced by the CDCR's CCCMS-Long Term Restricted Housing Unit Plan approved by this court. Defendants shall forthwith, under the guidance of the Special Master, implement the plans and policies approved by this order consistent with the representations in the report that accompanies the plans and policies. Implementation of the plans and policies shall be monitored by the Special Master in accordance with his monitoring and reporting duties in this action.(Donati, J)
August 27, 2014 Opinion or Order Filing 5208 ORDER signed by Judge Lawrence K. Karlton on 8/25/2014 ORDERING 640 Within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a ninety-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; and the Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (Reader, L)
August 26, 2014 Opinion or Order Filing 5207 STIPULATION and ORDER extending the deadline for Defendants to develop plans and protocols, as contemplated by paragraphs 2.b and 2.e of the April 10 order to August 29, 2014 signed by Judge Lawrence K. Karlton on 8/25/14. (Kaminski, H)
August 22, 2014 Opinion or Order Filing 5203 ORDER signed by Magistrate Judge Dale A. Drozd on 8/22/14 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master the amount of $411,579.81 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 21, 2014 Opinion or Order Filing 5202 NON-RELATED CASE ORDER signed by Chief Judge Morrison C. England, Jr on 8/20/14 re 5185 Notice of Related Case: The Court has determined, that it is inappropriate to relate or reassign the cases, the therefore declines to do so. This order is issued for informational purposes only, and shall have no effect on the status of the cases, including any previous Related (or Non-Related) Case Order of this Court. (Meuleman, A)
August 11, 2014 Opinion or Order Filing 5196 ORDER signed by Judge Lawrence K. Karlton on 8/11/2014 APPROVING the plans and policies filed by defendant on 8/1/2014. Defendants shall forthwith, under the guidance of the Special Master, implement the plans and policies approved by this order. Implementation of the plans and policies shall be monitored by the Special Master in accordance with his monitoring and reporting duties in this action. (Donati, J)
August 7, 2014 Opinion or Order Filing 5193 ORDER signed by Judge Lawrence K. Karlton on 8/6/14 ORDERING that The Special Master's 8/6/14 Request for appointment of additional staff 5191 is GRANTED; The Special Master is authorized to appoint Barbara Seldin, Ph.D., Maria Masotta, Psy. D., and Karen Rea, PHN, MSN, FNP, to perform the duties set forth in the Special Master's request for the Appointment of Additional Staff and for Increase in Compensation of Monitors, filed 8/6/14, and to be compensated at the rates set forth therein. The compensation for Patricia Williams, Esq., Haunani Henry, and Kerry Walsh, Esq., for time spent working on this action, other than travel time, is increased to two hundred thirty five dollars ($235.00) per hour, said increase to be effective the date this order is filed. (Mena-Sanchez, L)
July 25, 2014 Opinion or Order Filing 5188 ORDER signed by Judge Lawrence K. Karlton on 7/25/2014. Defendants'Objections to recommendations contained in Special Master's 5/30/2014 Report on Adequacy of Inpatient Mental Health Care are OVERRULED. The recommendations contained in the Special Master's 5/30/2014 Report on Adequacy of Inpatient Mental Health Care are ADOPTED in full. Plaintiffs' 6/20/2014 Request for Additional Orders is DENIED without prejudice. (Marciel, M)
July 3, 2014 Opinion or Order Filing 5180 THREE-JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Stephen Reinhardt, and Thelton E. Henderson on 7/3/2014 GRANTING 5175 Request to extend the 143% Benchmark deadline to 8/31/2014. (Donati, J)
June 30, 2014 Opinion or Order Filing 5174 ORDER signed by Judge Lawrence K. Karlton on 6/27/14 ORDERING that the CDCR defendants shall provide monthly status reports on the SQ PIP to the Special Master until the beginning of activation of the SQ PIP; and Not later than ninety days after full activation of the SQ PIP the Special Master shall report to the Court on patient admissions and treatment at the SQ PIP as well as any other matters or concerns with the SQ PIP which may have emerged as of that time. (Becknal, R)
June 23, 2014 Opinion or Order Filing 5172 THREE JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Circuit Judge Stephen Reinhardt, Northern District of California Judge Thelton E. Henderson DENYING 5141 Plaintiffs' Motion to Define Design Capacity. (Reader, L)
June 19, 2014 Opinion or Order Filing 5171 ORDER signed by Judge Lawrence K. Karlton on 6/18/2014. Defendants shall revisit and, as appropriate, revise their existing mental health staffing plan in order to resolve ongoing problem of mental health staffing shortages and come into compliance w ith requirements of Courts 6/13/2002 1383 Order concerning maximum mental health staff vacancy. Defendants shall assume primary responsibility for completion of this task, with Special Master's participation in accordance with this Order. De fendants shall report to Court on the results of this review on or before 9/12/2014. Defendants have satisfied requirements of paragraph 4 of Court's 3/18/2014 5116 Order. Defendants shall continue to work with their consultant and Special Master to forecast and plan for adequate bed and treatment space for mentally ill population consistent with their current process. (Marciel, M)
June 13, 2014 Opinion or Order Filing 5168 ORDER signed by Magistrate Judge Dale A. Drozd on 6/12/2014 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopez, Jr. Esq., Special Master, the amount of $348,773.15. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Zignago, K.)
June 6, 2014 Opinion or Order Filing 5163 STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 6/5/14. The parties hereby stipulate and agree that $729,705.00 plus interest is 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 2, 2014 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961. (Dillon, M)
June 3, 2014 Opinion or Order Filing 5160 ORDER signed by Judge Lawrence K. Karlton on 6/2/2014 DECLINING to relate this case to 2:14-cv-01118 LKK CKD. (Michel, G)
May 13, 2014 Opinion or Order Filing 5150 ORDER signed by Judge Lawrence K. Karlton on 5/13/2014 ORDERING, good cause appearing, 5131 Order is REVISED (see order image for details); Except as expressly modified herein, all provisions of the court's Order remain in full force and effect. (Waggoner, D)
May 12, 2014 Opinion or Order Filing 5149 ORDER signed by Judge Lawrence K. Karlton on 5/12/2014 MODIFYING the 5146 Order in paragraph 1 to reflect that it was the ninety-first intermin payment of costs. (Donati, J)
May 7, 2014 Opinion or Order Filing 5146 ORDER signed by Judge Lawrence K. Karlton on 5/6/14 ORDERING that within 45 days from the date of this order, defendants shall deposit with the Clerk of the Court a ninety-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; and the Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (cc Financial)(Dillon, M)
April 29, 2014 Opinion or Order Filing 5143 ORDER signed by Judge Lawrence K. Karlton on 4/28/2014 GRANTING the Special Master's Request for Extension of Time to file the report on the resultsof the monitoring of the adequacy of the defendants inpatient mental health programs as required by 4688 Order; ORDERING the Special Master to file said report by 5/30/2014. (Michel, G)
April 21, 2014 Opinion or Order Filing 5139 ORDER signed by Judge Lawrence K. Karlton on 4/18/14: Defendants' March 24, 2014 request to modify their longrange bed plan to extend the time for admissions to and full occupancy of the DeWitt Nelson facility is granted. Plaintiffs' request for a court-ordered deadline for a meet and confer between the parties is denied. (Kaminski, H)
April 18, 2014 Opinion or Order Filing 5137 THREE-JUDGE COURT ORDER signed by Chief Circuit Judge Alex Kozinski on 4/11/2014 ORDERING that District Judge Kimberly J. Mueller is hereby DESIGNATED and ASSIGNED to the three-judge court as of 9/1/2014. The three-judge court would then consist of Circuit Judge Stephen Reinhardt, Northern District of California Judge Thelton Henderson and Eastern District of California Judge Kimberly J. Mueller. (Donati, J)
April 11, 2014 Opinion or Order Filing 5133 ORDER signed by Judge Lawrence K. Karlton on 4/11/2014 CORRECTING four typographical errors in 5131 Order. (Donati, J)
April 10, 2014 Opinion or Order Filing 5132 ORDER signed by Magistrate Judge Dale A. Drozd on 4/10/2014 DIRECTING the Clerk of Court to pay Matthew Lopes $464,890.94 in accordance with the attached statement. (cc Financial Department) (Donati, J)
March 28, 2014 Opinion or Order Filing 5125 STIPULATION and ORDER CONFIRMING ATTORNEYS' FEES AND COSTS FOR THE FOURTH QUARTER OF 2013 signed by Magistrate Judge Dale A. Drozd on 3/28/2014. THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE that $1,438,079.77 plus interest is due and c ollectable as of forty-five days from the date of entry of this Order. Interest on these fees and costs will run from March 7, 2014 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961.(Waggoner, D)
March 24, 2014 Opinion or Order Filing 5121 ORDER signed by Judge Lawrence K. Karlton on 3/21/14 GRANTING 5111 Notice of Request to Seal filed by Edmund G. Brown, Jr. (Meuleman, A)
March 18, 2014 Opinion or Order Filing 5116 ORDER signed by Judge Lawrence K. Karlton on 3/18/14 ORDERING that 4984 Motion regarding their long-range mental health bed plan is granted in part (see order for details). (Dillon, M)
March 12, 2014 Opinion or Order Filing 5109 ORDER signed by Magistrate Judge Dale A. Drozd on 3/11/14 ORDERING that The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $417,397.27 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)
March 10, 2014 Opinion or Order Filing 5106 ORDER signed by Judge Lawrence K. Karlton on 3/10/2014 GRANTING Defendants' Request to file Confidential Declaration of Christine M. Ciccotti under SEAL. (Donati, J)
March 6, 2014 Opinion or Order Filing 5095 ORDER signed by Judge Lawrence K. Karlton on 3/5/14 GRANTING 5093 Request for Judicial Notice filed by Ralph Coleman. Proceedings on 4580 motion concerning housing and treatment of class members in segregation units are REOPENED and Exhibits A and B to plaintiffs' 3/3/14 request for judicial notice are admitted into evidence in the proceedings on said motion; Defendants are GRANTED 15 days from the date of this order to respond to the newly admitted evidence. In said response, defendants shall inform the court in writing what, if any, steps they plan to take in response to the recommendations contained in the Office of Inspector General's Report. (Meuleman, A) Modified on 3/6/2014 (Meuleman, A).
March 4, 2014 Opinion or Order Filing 5094 ORDER signed by Judge Lawrence K. Karlton on 3/4/14: After review of the papers filed in support of and opposition to the 4984 Motion, the court will direct the parties to be prepared at the time of the March 10, 2014 status confer ence to address issues related to bed planning, including but not limited to updates, if any, to the projects addressed in defendants' motion and the steps necessary to development and implementation of an adequate process for forecasting and planning for sufficient bed and treatment space for the mentally ill inmate population going forward. (Kaminski, H)
March 3, 2014 Opinion or Order Filing 5092 ORDER signed by Judge Lawrence K. Karlton on 2/27/14 re 4232 Order re: 4205 Twenty-Fourth Round Monitoring Report. Defendants are required to work under the guidance of the Special Master, with input from plaintiffs' counsel, on this task until it is completed. The court expects that the Special Master will report to the court in due course when this necessary step has been accomplished. (Meuleman, A)
February 26, 2014 Opinion or Order Filing 5091 STIPULATION AND ORDER signed by United States Circuit Judge Stephen Reinhardt, Senior Judge Lawrence K. Karlton, Senior Judge Thelton E. Henderson on 2/26/2014 DISMISSING 4889 Notice of Appeal to the United States Supreme Court. (Michel, G)
February 25, 2014 Opinion or Order Filing 5089 ORDER signed by Judge Lawrence K. Karlton on 2/24/14: Within forty-five days from the date of this order, defendants shall deposit with the Clerk of the Court an eightyninth interim payment of costs in the amount of $750,000.00. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (cc: Financial)(Kaminski, H)
February 24, 2014 Opinion or Order Filing 5079 ORDER signed by Magistrate Judge Dale A. Drozd on 02/21/14 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 smount of $434,945.20 in accordance with the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Plummer, M)
February 20, 2014 Opinion or Order Filing 5070 ORDER signed by Judge Lawrence K. Karlton on 2/19/2014 DENYING 5062 Request to Strike the plaintiffs' reply brief; GRANTING the defendants fifteen days to file and serve a response to the plaintiffs' closing brief on plaintiffs' motion concerning housing and treatment of mentally ill inmates. (Michel, G)
February 10, 2014 Opinion or Order Filing 5061 THREE-JUDGE COURT OPINION signed by Senior Judge Lawrence K. Karlton, Circuit Judge Stephen Reinhardt and Senior Judge Thelton E. Henderson on 2/10/2014 re 5060 ORDER GRANTING-IN-PART and DENYING-IN-PART Defendants' Request for Extension of 12/31/2013 Deadline. (Donati, J)
February 7, 2014 Opinion or Order Filing 5058 ORDER signed by Judge Lawrence K. Karlton on 2/6/14 ORDERING that defendants are granted 15 days in which to file and serve a reply brief. (Manzer, C)
February 5, 2014 Opinion or Order Filing 5054 ORDER signed by Magistrate Judge Dale A. Drozd on 2/5/2014 ORDERING Defendants shall respond to plaintiffs discovery requests not later than 5:00 p.m. on February 12, 2014. Should any disputes arise over defendants responses, the parties shall meet and confer not later than February 14, 2014. Any disputes remaining thereafter shall be tendered to this court by joint statement filed not later than 4:30 p.m. on February 20, 2014.Finally, plaintiffs have agreed to respond to discovery requests pr opounded by defendants. Plaintiffs shall respond to defendants discovery requests not later than 5:00 p.m. on February 12, 2014. Should any disputes arise over plaintiffs discovery responses, the parties shall meet and confer not later than February 14, 2014. Any disputes remaining thereafter shall be tendered to this court by joint statement filed not later than 4:30 p.m. on February 20, 2014.(Waggoner, D)
February 4, 2014 Opinion or Order Filing 5048 ORDER signed by Judge Lawrence K. Karlton on 2/4/14 ORDERING that Plaintiffs' Request to Seal Confidential Declaration of Jane Kahn in Support of Plaintiffs' Urgent Petition for a Status Conference to Address Modified and Delayed Suicide Report is GRANTED.(Mena-Sanchez, L)
January 31, 2014 Opinion or Order Filing 5035 ORDER signed by Judge Lawrence K. Karlton on 1/30/14 GRANTING 5032 Notice of Request to Seal Document(s) filed by Edmund G. Brown, Jr. (Meuleman, A)
January 30, 2014 Opinion or Order Filing 5034 ORDER signed by Judge Lawrence K. Karlton on 1/30/2014 ORDERING 5033 Discovery is opened for a period of 30 days from the date this order is entered on the docket; Within 3 days from the date of this order, the parties shall meet and confer and fil e with the magistrate judge a joint statement concerning discovery; Further Status Conference set for 3/10/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; the parties shall file status conference statements not later than 4:30 PM on 3/6/2014. 4992 (Reader, L)
January 29, 2014 Opinion or Order Filing 5029 ORDER signed by Magistrate Judge Dale A. Drozd on 1/28/2014 DIRECTING the Clerk to pay to Matthew A. Lopes, Jr. Esq., Special Master, the amount of $339,063.81 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc: Financial Dpt.) (Yin, K)
January 23, 2014 Opinion or Order Filing 5022 ORDER signed by Judge Lawrence K. Karlton on 1/23/2014 ORDERING that the submission of plaintiffs' 5/29/2013 motion (ECF No. 4638 ) is hereby VACATED pending resolution of whether, and if so how if at all, issues presented by the death of this class member bear on the use of force questions presented by plaintiffs' 5/29/2013 motion. (Zignago, K.)
January 22, 2014 Opinion or Order Filing 4992 ORDER signed by Judge Lawrence K. Karlton on 1/22/14 ORDERED that this matter is set for status conference before the undersigned on January 30, 2014 at 10:00 a.m. in Courtroom #4; Until further order of the court, defendants and their counsel shal l take all necessary steps to assure that all documents and information concerning this class member, his death, the suicide report and any other communications about the suicide report, the death, and any discussions about the death, the report, timing of the release of reports, or related events, be retained and preserved, including notes, drafts, emails and attachments, medical records, and custodial records.(Becknal, R)
January 13, 2014 Opinion or Order Filing 4978 THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton, Circuit Judge Stephen Reinhardt, and Senior Judge Thelton E. Henderson on 1/13/2014 ORDERING that, on or before 1/23/2014, plaintiffs and defendants shall each file proposed order f or this court to consider as it determines how to rule on the pending request. Either plaintiffs or defendants may, at their option, file comments on or objections to the proposed order by 1/28/2014. The current deadline of 4/18/2014 shall be EXTENDED by the time between the date of this order and the date of the order ruling on the defendants' request for extension. (Donati, J)
January 10, 2014 Opinion or Order Filing 4977 /TIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 1/09/14 ordering that $1,036,210.76 plus interest is due and collectable as of 45 days from the date of entry of this order. Interest on these fees and costs will run from 12/09/13 (31 days after defendants' receipt of plaintiff's statement), accruing at the rate provided by 28 USC 1961.(Plummer, M)
December 19, 2013 Opinion or Order Filing 4971 ORDER signed by Judge Lawrence K. Karlton on 12/17/2013 GRANTING 4964 Request for 10-Day Extension of Time; ORDERING that the defendants deposit with the Clerk of Court, by 12/23/2013, the required funds for payment of the Special Master's fees and expenses in accordance with 4897 Order. (Michel, G)
December 17, 2013 Opinion or Order Filing 4965 ORDER signed by Judge Lawrence K. Karlton on 12/16/13 ORDERING that: Within forty-five days from the date of this order, defendants shall deposit with the Clerk of the Court an eighty-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; and The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (cc Financial Dept) (Becknal, R)
December 16, 2013 Opinion or Order Filing 4960 ORDER signed by Magistrate Judge Dale A. Drozd on 12/13/2013 ORDERING the Clerk to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $359,872.22; and a copy of this order shall be served on the financial department of this court. (cc: Financial)(Yin, K)
December 11, 2013 Opinion or Order Filing 4953 THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt, Senior Judge Lawrence K. Karlton amd Senior Judge Thelton E. Henderson ORDERING that the court EXTENDS the meet-and-confer process to 1/10/2014. The deadline to achieve the ordered reduction in population is EXTENDED accordingly, to 4/18/2014. (Zignago, K.)
December 10, 2013 Opinion or Order Filing 4951 ORDER granting in part and denying in part 4543 MOTION to ENFORCE JUDGMENT signed by Judge Lawrence K. Karlton on 12/10/13. (Kaminski, H)
November 22, 2013 Opinion or Order Filing 4944 ORDER signed by Magistrate Judge Dale A. Drozd on 11/21/13 ordering the clerk of the court is directed to pay to Matthew A. Lopes, Jr. Esq., Special Master, the sum of $404,746.50 in accordance with the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial)(Plummer, M)
November 15, 2013 Opinion or Order Filing 4930 ORDER signed by Judge Lawrence K. Karlton on 11/14/13. The court has ordered a reply to the Plaintiffs' MOTION concerning nonretained witnesses. Except as to that MOTION, the court now DECLINES all other MOTIONS IN LIMINE, essentially for the reasons set forth in the relevant opposition to those Motions. One additional comment may be appropriate as to the motion concerning attorney witnesses. That rule is embodied in California's Rule of Professional Conduct 5-210, which has been adopted as this Court's standard of practice for attorneys practicing in this Court. See Local Rule 180(e). That rule specifically limits its applicability to jury trials.(Mena-Sanchez, L)
November 13, 2013 Opinion or Order Filing 4925 ORDER signed by Judge Lawrence K. Karlton on 11/12/13 DENYING 4868 Motion to Modify Findings in the 9/24/13 Report of the Special Master; ADOPTING IN FULL 4830 Report. The recommendations of the Special Master in 4830 Report are ADOPTED IN P ART. The CDCR and DHS defendants shall review and re-evaluate the use of Orientation and Cuff Status at SVPP to determine whether these policies as designed and implemented achieve the proper balance between legitimate security needs and access to n ecessary inpatient mental health care. This shall be carried out under the guidance of the Special Master and his staff, with participation and input from plaintiffs. The Special Master shall report to the court on the results of this review and re evaluation in the report to be filed on 3/31/14. Within 15 days from the date of this order, defendants shall inform the court in writing whether any there is any inmate-patient at SVPP on Cuff Status without the documentation required for such statu s, including reason for placement, intervention planned, and criteria for release. If there is any inmate-patient on Cuff Status without required documentation, defendants shall show cause in writing why this court should not issue an injunction pre venting defendants from placing or maintaining any inmate-patient at SVPP on Cuff Status without the required documentation. Defendants shall forthwith begin tracking all patient bed assignments at SVPP, and admit referred and accepted patients to SVPP as quickly as bed availability permits and in no event beyond 72 hours following bed assignment and 30 days from the date of the referral. Plaintiff's 4867 Motion for additional orders is DENIED WITHOUT PREJUDICE. (Meuleman, A)
November 1, 2013 Opinion or Order Filing 4906 THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt, Judge Lawrence K. Karlton and Senior Judge Thelton E. Henderson on 11/1/13 GRANTING 4865 Motion to file the amicus curiae brief. (Manzer, C)
October 29, 2013 Opinion or Order Filing 4897 ORDER signed by Judge Lawrence K. Karlton on 10/28/13 ORDERING that the defendants shall deposit with the Clerk of the Court an eighty-seventh interim payment of costs in the amount of $750,000.00. (cc: Financial) (Manzer, C)
October 28, 2013 Opinion or Order Filing 4895 ORDER signed by Magistrate Judge Dale A. Drozd on 10/25/13 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $407,324.13 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court.(Dillon, M)
October 25, 2013 Opinion or Order Filing 4893 ORDER signed by Magistrate Judge Dale A. Drozd on 10/24/13 ORDERING that Plaintiffs fees and costs of $740,000, plus interest, are due and collectable forty-five days from the date of entry of this Order. Interest on this amount will run from September 1, 2013, accruing at the rate provided by 28 U.S.C. § 1961.(Dillon, M)
October 23, 2013 Opinion or Order Filing 4888 ORDER signed by Judge Lawrence K. Karlton on 10/22/13 ORDERING that Plaintiffs' 10/20/13 motion 4877 is granted in part; As soon as practicable Defendants shall lodge with the court and serve on plaintiffs' counsel redacted copies of the six videos received into evidence as Plaintiffs' Exhibits 3, 5, 11, 9, 13 and 19. Plaintiffs shall maintain all copies of the redacted videos in their possession pursuant to the terms of the Modified Protective Order filed on 1/12/07 and para graph 2(a) of this court's 9/26/13 order 4833 and shall return all copies to defendants at the conclusion of any appellate proceedings that may follow this court's resolution of the use of force issues raised by the motion at bar; Defend ants shall forthwith lodge under seal unredacted copies of the same videos. Plaintiffs' motion for copies of the unredacted videos is denied; The unredacted videos shall be maintained under seal until further order of the court; Nothing in parag raph 2(a) of this court's 9/26/13 order 4833 shall preclude the Clerk from permitting review and/or copying of redacted videos in a manner consistent with Clerk's office policy for access to and copying of matters in the public record. (Becknal, R)
October 21, 2013 Opinion or Order Filing 4878 ORDER signed by Judge Stephen Reinhardt, Senior Judge Lawrence K. Karlton, and Senior Judge Thelton E. Henderson on 10/21/2013 EXTENDING the meet-and-confer process to 11/18/2013; EXTENDING, without prejudice to the parties' filing a joint request for a further extension or the Court so ordering, the deadline to achieve the ordered reduction in population to 2/24/2014. (Michel, G)
October 8, 2013 Opinion or Order Filing 4864 ORDER TO CLARIFY signed by Judge Lawrence K. Karlton on 10/8/2013 re 4860 Order, The court hereby CLARIFIES this order as follows: the word proceedings refers solely to the hearings on the use of force and disciplinary measures against the plaintiff class which commenced in this court on October 1, 2013 and are expected to conclude in mid-October 2013. (Waggoner, D)
October 7, 2013 Opinion or Order Filing 4860 ORDER signed by Judge Lawrence K. Karlton on 10/7/13 ORDERING that Paragraph 2.b of the Court's 9/26/13 Order, which provides, Any member of the public or press who views the videos is prohibited from publicly disclosing the names, identification numbers, or other personally-identifying information of any inmate or any peace officer or other employee of the California Department of Corrections and Rehabilitation (CDCR) who may appear in any such video, is VACATED.(Mena-Sanchez, L)
October 2, 2013 Opinion or Order Filing 4857 ORDER signed by Judge Lawrence K. Karlton on 10/2/13 ORDERING The Special Master's October 1, 2013 request for appointment of additional staff is GRANTED; and the Special Master is authorized to appoint Lindsay M. Hayes to perform the duties set forth in the Special Master's Request for Appointment of Additional Staff, filed October 1, 2013, and to be compensated at the rates set forth therein. (Becknal, R)
September 30, 2013 Opinion or Order Filing 4849 ORDER signed by Judge Lawrence K. Karlton on 9/30/2013 DENYING 4793 & 4841 Motions in Limine. (Donati, J)
September 27, 2013 Opinion or Order Filing 4839 THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt, Senior Judge Lawrence K. Karlton and Senior Judge Thelton E. Henderson on 9/27/2013 SUSPENDING Defendants' biweekly reporting requirement. (Donati, J)
September 26, 2013 Opinion or Order Filing 4833 ORDER signed by Judge Lawrence K. Karlton on 9/26/2013 ORDERING that Defendants' 4797 Motion in Limine is DENIED insofar as it seeks exclusion of the videos or their review in camera only. Any video offered and accepted into evidence at t he evidentiary hearing set to commence on 10/1/2013 and to continue thereafter until completed shall be shown in open court, subject to protective order. Counsel for plaintiffs shall take all steps necessary to ensure that a copy of this order is distributed to every person in the audience during any court session at which a video subject to this order will be shown. (Zignago, K.)
September 24, 2013 Opinion or Order Filing 4831 THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt, Senior Judge Lawrence K. Karlton amd Senior Judge Thelton E. Henderson on 9/24/2013 ORDERING parties to MEET and CONFER. On or before 10/21/2013, Justice Siggins will informally repor t to this Court the status of the discussions and provide his recommendations for future action by this Court or parties. The 12/31/2013 deadline shall be extended until 1/27/2014, without prejudice to the parties' filing a joint request for a further extension or the court so ordering. (Donati, J)
September 23, 2013 Opinion or Order Filing 4827 ORDER signed by Magistrate Judge Dale A. Drozd on 9/23/13 ORDERING that Plaintiffs September 17, 2013 motion for reconsideration 4809 is GRANTED; Upon reconsideration, plaintiffs September 6, 2013 motion to compel production of records for the s ix individuals who defendants have refused to produce records without waivers is granted; The records for the two such individuals who were the subject of use of force incidents shall be produced to plaintiffs not later than 5:00 p.m. on Wednesday, September 25, 2013; and the remaining records shall be produced to plaintiffs not later than Friday, October 4, 2013.(Dillon, M)
September 18, 2013 Opinion or Order Filing 4812 ORDER signed by Magistrate Judge Dale A. Drozd on 9/17/13 ORDERING that the Clerk of the Court shall place and maintain Exhibits A, B, C, and D to the Declaration of Jessica Kim filed September 6, 2013 (ECF Nos. 4789 -1, 4789-2, 4789-3, and 4789-4) under seal until further order of court.(Dillon, M)
September 17, 2013 Opinion or Order Filing 4810 ORDER signed by Judge Lawrence K. Karlton on 9/17/2013 ORDERING defendants shall file a response to 4809 MOTION for RECONSIDERATION on or before 5:00 p.m. on 9/19/2013; Plaintiff's motion is REFERRED to the magistrate judge for resolution by order. (Waggoner, D)
September 16, 2013 Opinion or Order Filing 4802 ORDER signed by Magistrate Judge Dale A. Drozd on 09/13/13 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 $317,289.34 in accordance with the attached statement. A copy of this order shall be served on the financial department of this court. (cc: DAD and Financial) (Plummer, M)
September 13, 2013 Opinion or Order Filing 4801 ORDER signed by Judge Lawrence K. Karlton on 9/13/2013 ORDERING 4726 The deposition of Ellen Bachman shall proceed on 9/20/2013 and shall not exceed four hours. Pursuant to plaintiffs' stipulation, plaintiffs' expert Eldon Vail shall revi ew the custody records that were the subject of plaintiffs' 9/6/2013 motion to compel for purposes of rebuttal testimony only; and The evidentiary hearing on plaintiffs' motion concerning access to inpatient care for death row inmates and use of force will commence as scheduled on 9/26/2013 at 9:15 AM. (Reader, L)
September 10, 2013 Opinion or Order Filing 4791 ORDER signed by Magistrate Judge Dale A. Drozd on 9/10/2013 re: 4787 Joint Statement Re Discovery Dispute on Production of Class Member Records ORDERING parties shall meet and confer forthwith to determine whether production ofthe eighteen sets o f records, review thereof, and completion of any additional deposition(s) that may be required can be completed consistent with the schedule the parties are otherwise working on in accordance with the September 5, 2013 order. Plaintiffs motion to compel production of these records by September 13, 2013 is DENIED without prejudice. Plaintiffs motion for production of files for non-class members without waivers is DENIED. (Waggoner, D)
September 5, 2013 Opinion or Order Filing 4786 ORDER signed by Judge Lawrence K. Karlton on 9/5/2013 ORDERING that discovery is open to permit the completion of depositions of Ellen Bachman, Pam Ahlin, Eric Monthei, Kevin Chappell, and the witnesses who tendered evidence with plaintiffs' 8/23/2013 reply briefs. Parties shall work together diligently and in good faith to tender a schedule for completion to the court on or before 9/12/2013. (Donati, J)
August 29, 2013 Opinion or Order Filing 4776 ORDER signed by Magistrate Judge Dale A. Drozd on 8/28/2013 ORDERING the Clerk to pay to Matthew A. Lopes, Jr. Esq., Special Master, the amount of $271,544.37 in accordance with the statement attached with this order; and a copy of this order shall be served on the financial department. (cc: Financial) (Yin, K)
August 26, 2013 Opinion or Order Filing 4771 ORDER signed by Judge Lawrence K. Karlton on 8/26/13 ORDERING that the application is GRANTED. Plaintiffs may submit their Reply not to exceed a total of 23 pages. (Kastilahn, A)
August 23, 2013 Opinion or Order Filing 4760 ORDER signed by Judge Lawrence K. Karlton on 8/23/2013 ORDERING that defendants are GRANTED 10 days from the date of this order in which to file and serve a response to plaintiff's request for court order. Thereafter the matter will be submitted. (Donati, J)
August 13, 2013 Opinion or Order Filing 4748 ORDER signed by Judge Lawrence K. Karlton on 8/13/2013 ORDERING 4744 Motion for an Order Shortening Time is DENIED; On or before 8/28/2013, plaintiffs shall file and serve a response to 4742 Motion to Stay; No reply brief will be required; defe ndant's 4742 Motion to Stay is SET for hearing on 9/6/2013 at 10:00 a.m. in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; pending further order of the court the Special Master and parties shall proceed in accordance with the schedule set by the Special Master and defendants shall comply with all requests from the Special Master in connection with his monitoring of inpatient hospital care for class members. (Waggoner, D)
August 9, 2013 Opinion or Order Filing 4738 ORDER signed by Magistrate Judge Dale A. Drozd on 8/9/2013 DENYING 4732 Plaintiffs' Motion to Compel and GRANTING 4732 Defendants' Motion to Quash. (Donati, J)
August 7, 2013 Opinion or Order Filing 4731 ORDER signed by Magistrate Judge Dale A. Drozd on 8/6/13 ORDERING that Except as expressly provided by this order, plaintiffs motion to compel production of use of force videos is denied; The parties shall meet and confer and work together to ident ify a representative selection of use of force videos reviewed by both plaintiffs and defendants experts to be offered into evidence at the evidentiary hearing; those videos shall be of a reasonable total length, but in no event shall exceed eight hours in length; if the parties cannot agree on the videos to be presented each, as appropriate, may separately identify specific videos to offer into evidence atthe hearing which shall be of a reasonable total length, but in no event shall exceed four hours per side in length; and the question of whether the videos will be presented in open court or inspected in camera is reserved for the assigned District Judge.(Dillon, M)
August 1, 2013 Opinion or Order Filing 4726 ORDER signed by Judge Lawrence K. Karlton on 8/1/2013. The time for completion of Discovery and filing of plaintiffs' Reply Briefs is EXTENDED to 8/23/2013. Motions concerning access to intermediate inpatient hospital care for class member on d eath row on at San Quentin State Prison is SET for 9/26/2013 at 9:15 AM in Courtroom 4 (LKK) and shall continue as necessary. Motions In Limine for said motions shall be filed not later than 9/12/2013 Oppositions shall be filed not later than 9/19/20 13, and Motions In Limine will be heard at start of Hearing on 9/26/2013. If plaintiffs and defendants agree that plaintiffs' Motion concerning use of force and disciplinary proceedings may be submitted without an Evidentiary Hearing no later t han 9/6/2013, they shall file a Stipulation so stating together with a Joint Statement of Undisputed Facts. Hearing on plaintiffs' Motion concerning administrative segregation is set to commence on 11/5/2013 at 10:30 AM and shall continue, as ne cessary, on 11/6/2013 - 11/8/2013, 11/13/2013 - 11/15/2013, and 11/19/2013 - 11/22/2013. Motions In Limine for said Motion shall be filed not later than 10/22/2013. Oppositions to Motions In Limine shall be filed not later than 10/29/2013 and Motions In Limine will be heard at the start of Hearing on 11/5/2013. Defendants' 7/24/2013 Request for Reconsideration of Court's 4/5/2013 Order striking the Report of Steve J. Martin is DENIED. (Marciel, M)
July 31, 2013 Opinion or Order Filing 4723 ORDER signed by Magistrate Judge Dale A. Drozd on 07/30/13 ordering the clerk of the court is directed to pay to Matthew A. Lopes, Special Master the amount of $287,833.99 in accordance with the attached statement. A copy of this order shall be served on the Financial Department of the court. (cc: DAD and Financial) (Plummer, M)
July 29, 2013 Opinion or Order Filing 4722 ORDER signed by Judge Lawrence K. Karlton on 7/26/13: Within forty-five days from the date of this order, defendants shall deposit with the Clerk of the Court an eighty-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. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (Kaminski, H)
July 25, 2013 Opinion or Order Filing 4716 ORDER signed by Judge Lawrence K. Karlton on 7/25/13 GRANTING 4710 Motion to exceed page limit. (Dillon, M)
July 19, 2013 Opinion or Order Filing 4701 STIPULATION and ORDER RE: Modification of Defendants' revised long-range Mental Health Bed Plan to create a sensitive needs yard at Valley State Prison for Inmates in a enhanced outpatient program signed by Judge Lawrence K. Karlton on 7/19/13. On 9/16/13, Defendants shall provide Plaintiffs' counsel with a list of the names and numbers of Enhanced Outpatient Program prisoners housed in the Valley State Prison Facility A Enhanced Outpatient Program unit as of 9/13/13. On 10/16/13, Defendants shall provide Plaintiffs' counsel with a list of the names and numbers of Enhanced Outpatient Program prisoners housed in the Valley State Prison Facility A Enhanced Outpatient Program unit as of 10/14/13.(Mena-Sanchez, L)
July 12, 2013 Opinion or Order Filing 4693 ORDER signed by Judge Lawrence K. Karlton on 7/12/13 OVERRULING defendants' objections to the First Half 2012 Suicide Report; DENYING 4527 Motion to Strike or Modify. Defendants shall forthwith, under the supervision of the Special Master, e stablish a suicide prevention/management work group comprised of CDCR clinical, custody, and administrative staff, DSH staff, the Special Master's experts, plaintiffs' counsel and, as appropriate, the Plata Receiver to work under the guidan ce of the Special Master to timely review suicide prevention measures, suicide deaths, and deaths deemed to be of undetermined cause; Defendants shall fully implement the Suicide Risk Evaluation (SRE) Mentor Program to improve levels of clinical com petency in the administration of the SRE, and ongoing assessment of clinician training, performance, and supervision regarding suicide risk evaluations and management; the Special Master shall continue to monitor and assess the CDCR suicide review process and defendants' compliance with the Program Guide, Chapter 10, "Suicide Prevention", including conduct of five-day clinical follow-up, custody staff adherence to policies and procedures regarding conduct of custody welfare checks and others, and supervision of inmates, including those who are single-celled and have increased risk of suicide; the Special Master shall continue to monitor emergency response procedures, particularly in higher-custody housing such as admin istrative segregation, secured housing units, and psychiatric services units, and establishment of state-wide criteria to improve emergency cell entry and extraction procedures; and Defendants shall include in CDCR's reporting on its secure webs ite all documentation referenced within CDCR's own suicide reporting, including but not limited to policies, post orders, DOM sections, local operating procedures, and any other documents referenced in CDCR's suicide reports. (Meuleman, A)
July 11, 2013 Opinion or Order Filing 4688 ORDER signed by Judge Lawrence K. Karlton on 7/11/2013 ORDERING that Plaintiffs' 4543 motion is GRANTED IN PART. Within seventy-five (75) days from the date of this order the Special Master shall report to the court on the adequacy of staffi ng levels at the Salinas Valley Psychiatric Program SVPP; and on whether the so-called cuff or orientation status, either as designed or as implemented, unduly interferes with or delays the provision of necessary care to class members at SVPP. Defen dants shall cooperate fully in providing the Special Master with all of the documents and facility access that he may require to meet this obligation. The Special Master shall complete one round of monitoring the adequacy of all inpatient programs and report to the court thereon not later than 3/31/2014. Except as expressly granted herein, plaintiffs' 4/11/2013 motion for orders concerning inpatient care is DENIED without prejudice. (Zignago, K.)
July 10, 2013 Opinion or Order Filing 4687 ORDER signed by Judge Lawrence K. Karlton on 7/10/2013. Defendants shall file and serve their Opposition to plaintiffs' segregation Motion and use of force/discipline motion on or before 7/24/2013. Defendants shall serve plaintiffs with Declarat ions of their expert witnesses no later than 7/17/2013. Plaintiffs' Reply Briefs in support of said Motions shall be filed and served not later than 8/9/2013. Plaintiffs may take depositions of defendants' witnesses in advance of filing the ir Reply Briefs. On or before Thursday, 7/25/2013, parties shall file a Joint Status Report setting forth their estimate(s) of total time required to complete Evidentiary Hearing on plaintiffs' Motions, and dates, if any, when counsel and/or witnesses will be unavailable. Status Conference is RE-SET for 7/31/2013 at 10:00 AM in Courtroom 4 (LKK). In all other respects, provisions of Court's 6/11/2013 4646 Order remain in full force and effect. (Marciel, M)
July 9, 2013 Opinion or Order Filing 4685 ORDER signed by Magistrate Judge Dale A. Drozd on 7/8/2013 ORDERING that plaintiff's fees and costs of $1,600,000, plust interest, are due and collectable within 45 days; interest on this amount will run from 5/27/2013, accruing at the rate provided by 28 U.S.C. § 1961.(Yin, K)
July 3, 2013 Opinion or Order Filing 4679 THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt, Senior Judge Lawrence K. Karlton, and Senior Judge Thelton E. Henderson on 7/3/2013 DENYING 4673 Motion to Stay this court's 6/20/2013 Order. (Donati, J)
June 14, 2013 Opinion or Order Filing 4648 ORDER signed by Magistrate Judge Dale A. Drozd on 06/13/13 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 $254,614.19 in accordance with the attached statement. A copy of this order shall be served on the Financial Department of the court. (cc: DAD and Financial) (Plummer, M)
June 11, 2013 Opinion or Order Filing 4646 ORDER signed by Judge Lawrence K. Karlton on 6/11/2013 ORDERING Defendants to file their opposition to 4638 Motion regarding use of Force and disciplinary measures and 4580 Motion regarding Segregated Housing on or before 7/17/2013. Plaintiffs� 39; reply shall be filed and served on or before 8/2/2013. This matter is set for Status Conference on 7/25/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. The 6/17/2013 and 7/8/2013 hearings are DROPPED from the courts calendar. (Donati, J)
May 31, 2013 Opinion or Order Filing 4644 ORDER signed by Judge Lawrence K. Karlton on 5/30/13 ORDERING that the application 4639 is GRANTED. Plaintiffs may submit their Motion not to exceed a total of 55 pages. (Becknal, R)
May 29, 2013 Opinion or Order Filing 4634 ORDER signed by Magistrate Judge Dale A. Drozd on 5/28/13 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $130,060.11 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court.(Dillon, M)
May 24, 2013 Opinion or Order Filing 4632 ORDER signed by Judge Lawrence K. Karlton on 5/24/2013 DENYING 4630 Motion for Extension of time without prejudice. On or before 5/30/2013, the parties shall meet and confer in good faith and they shall on or before 5/31/2013 at 4:30p file with the court a proposed schedule for completion of discovery. (Donati, J)
May 20, 2013 Opinion or Order Filing 4621 ORDER signed by Judge Lawrence K. Karlton on 5/20/2013 GRANTING 4590 Notice of Request to Seal Document(s) filed by Edmund G. Brown, Jr. (Zignago, K.)
May 15, 2013 Opinion or Order Filing 4610 ORDER signed by Judge Lawrence K. Karlton on May 15, 2013 re 4603 . Good Cause appearing, the Court GRANTS defendant's application for an extension of time, nunc pro tunc, by which to file their declaration in support of Defendants' Opposition to Plaintiffs' Motion for Enforcement of Court Orders and Affirmative Relief Related to Inpatient Treatment. (Rivas, A)
May 14, 2013 Opinion or Order Filing 4608 ORDER signed by Judge Lawrence K. Karlton on 5/13/13 ORDERING that Defendants' MOTION and REQUEST for a Status Conference and delay of hearing on Plaintiffs' MOTIONS is DENIED.(Mena-Sanchez, L)
May 7, 2013 Opinion or Order Filing 4584 ORDER signed by Judge Lawrence K. Karlton on 5/7/2013 GRANTING 4583 Application to exceed page limit for motion for enforcement of court orders filed by Ralph Coleman; Plaintiffs may submit their motion not to exceed a total of 62 pages. (Reader, L)
May 3, 2013 Opinion or Order Filing 4574 THREE-JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Stephen Reinhardt and Thelton E. Henderson on 5/3/2013 ORDERING plaintiffs to file a response to defendants' filing on or before 5/20/2013. (Donati, J)
April 23, 2013 Opinion or Order Filing 4562 ORDER signed by Judge Lawrence K. Karlton on 4/23/2013 ORDERING 4561 The first sentence of the order filed in this action on 4/23/2013 is hereby CORRECTED as follows: By order filed 8/30/2012, defendants were directed to, over a "six" mon th period, review and assess their existing quality assurance process and "develop an improved quality improvement process by which they can address issues with the quality of care that is delivered, as described in the Special Master's Twenty-Fourth Round Monitoring Report." 4232 (Reader, L)
April 22, 2013 Opinion or Order Filing 4558 ORDER signed by Judge Lawrence K. Karlton on 4/22/2013 GRANTING 4547 Plaintiffs' Request to file under seal the confidential index to Declaration of Ernest Galvan in support of motion for enforcement of court orders and affirmative relief related to inpatient treatment. 4543 (Reader, L)
April 17, 2013 Opinion or Order Filing 4556 ORDER signed by Magistrate Judge Dale A. Drozd on 2/16/13 ORDERING that Plaintiffs fees and costs of $289,869.17, 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 1, 2013, accruing at the rate provided by 28 U.S.C. § 1961.(Dillon, M)
April 16, 2013 Opinion or Order Filing 4554 ORDER signed by Magistrate Judge Dale A. Drozd on 4/15/2013 ORDERING the Clerk to pay to Matthew A. Lopes, Jr. Esq., Special Master, the amount of $282,365.02; and a copy of this order shall be served on the Financial Department of this court. (cc: DAD, Financial)(Yin, K)
April 15, 2013 Opinion or Order Filing 4551 ORDER signed by Judge Lawrence K. Karlton on 4/15/13 ORDERING within forty-five days from the date of this order, defendants shall deposit with the Clerk of the Court an eighty-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. (cc Financial) (Becknal, R)
April 12, 2013 Opinion or Order Filing 4548 ORDER signed by Magistrate Judge Dale A. Drozd on 4/11/13 ORDERING that The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $394,216.69 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, 2013 Opinion or Order Filing 4542 THREE-JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Stephen Reinhardt and Thelton E. Henderson on 4/11/2013 REQUIRING a List of Proposed Population Reduction Measures within 21 days of the date of this order. (Donati, J)
April 8, 2013 Opinion or Order Filing 4540 ORDER signed by Judge Lawrence K. Karlton on 4/8/2013. Court has noted three minor incorrect phrasings in 4/5/2013 4539 Order and they are hereby corrected as follows: 1) On page 20, footnote 19, it should read: In addition,Vorous does not explain how these matters came "to" her knowledge such that she can now testify about them, since she says that she did not observe them; 2) On page 34, line 23: the repetition in brackets [ ] should be eliminated; 3) On page 42, line 25, it should read: While this Court is refraining from making credibility assessments in connection "with" this alternative disposition... IT IS SO ORDERED. (Marciel, M)
April 5, 2013 Opinion or Order Filing 4539 ORDER signed by Judge Lawrence K. Karlton on 4/5/13 ORDERING this matter is before the court on defendants' motion to "terminate all relief in this action, vacate the Court's judgment and orders and dismiss the case," filed 1/7/1 3. The court heard oral argument on the motion on 3/27/13. For the reasons set forth supra, defendants have not met the "more exacting" standard of 18 U.S.C. § 3626(b) for termination of relief in this action. See Gilmore, 220 F.3d at 1007. A fortiori, they are not entitled to relief under Rule 60(b)(5) at this time. In accordance with the above, IT IS HEREBY ORDERED that defendants' 1/7/13 motion to terminate this action (ECF No. 4275 ) is DENIED. (Becknal, R)
March 29, 2013 Opinion or Order Filing 4532 ORDER signed by Judge Lawrence K. Karlton on 3/29/2013 ORDERING 4530 Application for Leave to File Opposition to Defendants' Objections and Motion to Strike Portions of Special Master's Report on Suicides Occurring in the First Half of 2012 is GRANTED; Plaintiffs' shall file the Opposition and any associated pleadings by 4/2/2013. (Waggoner, D)
March 26, 2013 Opinion or Order Filing 4521 ORDER signed by Judge Lawrence K. Karlton on 3/26/13: Defendants shall, on or before 4:30 p.m. on Thursday, March 28, 2013, file corrected versions of ECF Nos. 4326, 4487 and 4509, omitting all citations to ECF No. 4314. (Kaminski, H)
March 25, 2013 Opinion or Order Filing 4506 ORDER signed by Judge Lawrence K. Karlton on 3/25/2013 ORDERING 4490 Motion to exclude the expert declaration of Dr. Craig Haney is DENIED. (Waggoner, D)
March 22, 2013 Opinion or Order Filing 4435 ORDER signed by Judge Lawrence K. Karlton on 3/21/2013 for the reasons set forth in this court's 4394 order filed 3/15/13, Dr. Patterson's determination that the death of Inmate HH was "more likely than not a suicide" is sufficiently supported by the evidence; defendants' assertion that the coroner declared the death a homicide is not so supported; it is hereby ORDERED that defendants' 4326 motion to modify the total number of inmate suicides in the 2011 Report and the statistical analysis flowing therefrom is DENIED. (Yin, K)
March 19, 2013 Opinion or Order Filing 4419 ORDER signed by Judge Lawrence K. Karlton on 3/18/13 GRANTING 4407 Application to Exceed the Page Limit for Opposition. Plaintiffs may submit their Opposition n ot to exceed a total of 90 pages. (Meuleman, A)
March 18, 2013 Opinion or Order Filing 4414 ORDER and ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton on 3/18/2013 ORDERING that the defendants shall show cause in writing, if any they have, why their expert reports should not be stricken. Written response to this order and to all of plaintiffs' evidentiary objections (ECF no. 4226 ) is due by noon on 3/25/2013. The parties shall be prepared to address these matters at the start of the hearing on 3/27/2013. (Donati, J)
March 15, 2013 Opinion or Order Filing 4394 ORDER signed by Judge Lawrence K. Karlton on 3/15/13 ORDERING that Defendants' objections to the 2011 Suicide Report are overruled; Except as expressly provided in this order, defendants' 2/11/13 MOTION to Strike or Modify portions of the 2 011 Suicide Report 4323 is DENIED; and within five days from the date of this order defendants shall file under seal a copy of the final coroner's report of the death of Inmate HH and provide a hard copy of said report to the Special Master. (Mena-Sanchez, L)
March 11, 2013 Opinion or Order Filing 4374 THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt, Senior Judge Lawrence K. Karlton and Senior Judge Thelton E. Henderson on 3/11/2013 ORDERING that defendants shall file an opposition to plaintiffs' request to file a supplemental brief not later than 5 days from the date of this order. (Donati, J)
March 7, 2013 Opinion or Order Filing 4371 ORDER signed by Magistrate Judge Dale A. Drozd on 3/7/2013 ORDERING that plaintiff's motion for an order directing defendants to produce copies of UOF videos to plaintiffs' expert for his review in Washington State is DENIED; defendants s hall forthwith make all responsive UOF videos available to plaintiffs' expert at a date, time, and CDCR location selected by plaintiffs and their expert, and to make those UOF videos available to plaintiff's expert at the selected location for as long as plaintiffs' expert deems necessary to complete his review thereof. (cc: DAD)(Yin, K)
March 6, 2013 Opinion or Order Filing 4368 ORDER signed by Judge Lawrence K. Karlton on 3/6/2013 DENYING Defendants' 3/1/2013 Motion to Compel Expert depositions and reports on or prior to 3/15/2013. Plaintiffs' 3/1/2013 Motion for protective order is GRANTED-IN-PART in that plainti ffs will not be required to produce expert reports or make their experts available for deposition on or prior to 3/15/2013. The provisions of paragraph 2 notwithstanding, plaintiffs shall produce any expert reports they receive promptly upon receipt. (Donati, J)
March 5, 2013 Opinion or Order Filing 4367 ORDER signed by Magistrate Judge Dale A. Drozd on 3/4/2013 ORDERING that plaintiff's 4362 motion to compel is GRANTED in part; on or before 3/8/2013, defendants shall produce to plaintiffs all documents responsive to plaintiffs' Second R equest for Inspection, Items 7b, 7d, 7e, and 8c for the four prisons inspected by plaintiff's expert in the same manner and to the same extent those types and categories of materials were provided to defendant's expert Steve J. Martin for the prisons Mr. Martin inspected, to the extent such responsive documents have already been provided to plaintiffs' counsel, defendants shall identify when and where the documents were produced; on or before 3/8/2013, defendants shall certif y in writing that they have produced all documents responsive to plaintiffs' Second Request for Inspection, Items 7b, 7d, 7e, and 8c as required by this order; and plaintiffs' request to compel production of weapon use tracking data is DENIED. (cc: DAD)(Yin, K)
March 1, 2013 Opinion or Order Filing 4363 ORDER signed by Magistrate Judge Dale A. Drozd on 3/1/2013 ORDERING that on or before 3/6/2013 at 5:00 p.m. counsel for defendants shall certify in writing that all documents in the possession of defendants' experts responsive to the four discovery requests at issue have been produced to the plaintiffs. (Donati, J)
February 28, 2013 Opinion or Order Filing 4361 ORDER signed by Judge Lawrence K. Karlton on 2/27/13 ORDERING that except as expressly provided in this order, Defendants' objections to the Special Master's Twenty-Fifth Round Monitoring Report are overruled; Defendants' 2/9/13 MOTION to Strike or modify portions of the Special Master's Twenty- Fifth Round Monitoring Report 4347 is DENIED. Within twenty days from the date of this order the Special Master shall review those objections in section I(C) that contain specific citation to material provided to him and file any corrections to the Twenty-Fifth Round Monitoring Report as may be equired by those specific objections.(Mena-Sanchez, L)
February 27, 2013 Opinion or Order Filing 4358 ORDER signed by Magistrate Judge John F. Moulds on 02/26/13 ordering that plaintiff's request to take the deposition of Dr. John Brim on 03/01/13 4357 is granted. (Plummer, M) Modified on 2/27/2013 (Plummer, M).
February 26, 2013 Opinion or Order Filing 4356 ORDER signed by Magistrate Judge John F. Moulds on 2/26/13: Plaintiffs' request to take the deposition of Dr. John Brim on March 1, 2013 is granted. (Kaminski, H)
February 25, 2013 Opinion or Order Filing 4353 ORDER signed by Judge Lawrence K. Karlton on 2/25/13 ORDERING that the February 13, 2013 order to show cause (ECF No. 4335), is DISCHARGED; Plaintiffs motion (ECF No. 4323), is REMOVED from the courts March 11, 2013 Law & Motion calendar, and DENIED as moot. (Becknal, R)
February 14, 2013 Opinion or Order Filing 4341 ORDER signed by Magistrate Judge John F. Moulds on 2/14/2013 DENYING Defendants' 4327 Request for a Protective Order. (Donati, J)
February 13, 2013 Opinion or Order Filing 4335 ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton on 2/13/13: Within five days from the date of this order defendants shall show cause in writing, if any they have, why plaintiffs' motion should not be granted. In the alternative, defen dants may moot plaintiffs' motion by refiling within five days their objections omitting the material at page 2, lines 2 through 5 together with a request to the Clerk of the Court to remove documents 4312 and 4314 from the record in this action. (Kaminski, H)
January 30, 2013 Opinion or Order Filing 4319 ORDER signed by Judge Lawrence K. Karlton on January 30, 2013. As soon as practicable the special master shall file a report on suicides completed in the California Department of Corrections and Rehabilitation in the first six months of calendar year 2012; All parties shall have ten days from the date said report is filed in which to file objections or other response to said report; Plaintiffs may respond to defendants January 28, 2013 objections to and motion to strike or modify portions of the special masters Twenty-Fifth Round Monitoring Report 4297 , within ten days from the date of this order; Plaintiffs response, if any, to the Special Masters Report on his Experts Report on Suicides Completed in the California Department of Corrections and Rehabilitation in Calendar Year 2011 4307 , shall be filed not later than fifteen days from the date said report was filed. (Rivas, A)
January 29, 2013 Opinion or Order Filing 4317 THREE-JUDGE COURT ORDER signed by Judge Stephen Reinhardt, Judge Lawrence K. Karlton, and Judge Thelton E. Henderson on 1/29/13 DIRECTING defendants to answer questions within 14 days of the filing of this order. Pending further order of this Court, our consideration of the 4280 Three-Judge Motion to Modify 4032 Order is STAYED. This Court's 6/30/11 Order remains in effect pending our determination of these issues, and defendants are reminded of their obligation to continue to compl y with its terms and provisions. Neither defendants' filings of the papers filed thus far nor any motions, declarations, affidavits, or other papers filed subsequently shall serve as a justification for their failure to file and report or take any other actions required by this Court's Order. Defendants have advised us, however, that they are unable to meet the 137.5% prisoner population cap by June 2013 but that they will be able to do so essentially by 12/31/13. Accordingly, this Court modifies the 4032 Order by GRANTING defendants a six-month extension in which to comply with its terms and provisions. Defendants are now required to achieve the 137.5% prisoner population cap by 12/31/13. Defendants shall take all steps necessary to comply with the Order as amended. (Meuleman, A)
January 28, 2013 Opinion or Order Filing 4310 ORDER signed by Magistrate Judge John F. Moulds on 1/25/13 ORDERING that The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $334,356.78 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)
January 25, 2013 Opinion or Order Filing 4306 ORDER signed by Magistrate Judge John F. Moulds on 1/25/2013 ORDERING that the 1/16/2013 stipulated request for order shortening time is GRANTED; plaintiff's 4295 motion to expedite discovery responses in proceedings on defendants' motio n to terminate this action is GRANTED; responses to discovery requests propounded in connection with defendants' motion to terminate this action shall be served within 14 days of service of the request; the provisions of LR 251 will not apply to discovery disputes that may arise in connection with defendants' motion to terminate this action. (See Order for Details) (Yin, K)
January 22, 2013 Opinion or Order Filing 4300 ORDER signed by Judge Lawrence K. Karlton on 1/22/2013. Within 15 days from date of Order, defendants shall file a written Statement setting forth total number of California inmates they plan to return to California state prisons from out of state facilities, the planned timetable for returning said inmates, and where defendants plan to house those inmates. (Marciel, M)
January 17, 2013 Opinion or Order Filing 4297 ORDER signed by Judge Lawrence K. Karlton on 1/17/2013 ORDERING the special master shall forthwith file with this court and with the three-judge court the Twenty-Fifth Round Monitoring Report circulated to the parties on December 28,2012; any object ion to the monitoring report shall be filed on or before 30 days from 12/28/2012; within 14 days from the date of this order the special master shall file with this court and the three-judge court the 2011 Suicide Report; any objections to the 2011 Suicide Report shall be filed with this court on or before 15 days from the date the report is filed.(Waggoner, D)
January 11, 2013 Opinion or Order Filing 4291 ORDER signed by Magistrate Judge John F. Moulds on 1/10/13 ordering that plaintiff's fees and costs of $374,125.46 plus interest, are due and collectable 45 days from the date of entry of this order. Interest on this amount will run from 12/02/12 accruing at the rate provided by 28 USC 1961. (cc: Financial) (Plummer, M)
January 9, 2013 Opinion or Order Filing 4290 ORDER signed by Judge Lawrence K. Karlton on 1/9/2013 ORDERING that except as expressly required by this order, briefing on the 4275 MOTION to Terminate is SUSPENDED. The hearing set for 2/11/2013 is dropped from calendar. Within 15 days from th e date of this order the parties shall file briefs, which shall not exceed 25 pages in accordance with this order. The effective date of any automatic stay is POSTPONED for a period of 60 days after the 30th day after defendants' motion was filed. (Donati, J)
January 8, 2013 Opinion or Order Filing 4289 RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 1/8/2013 ORDERING that case NO. 2:90-cv-0520 LKK JFM P and 2:13-cv-0021 GEB KJN PS are RELATED. Action denominated NO. 2:13-cv-0021 GEB KJN PS be, and the same hereby is, REASSIGNED to Judge L awrence K. Karlton and Magistrate Judge John F. Moulds for all further proceedings, and any dates currently set in this reassigned case only are hereby VACATED. Henceforth, the caption on documents filed in the reassigned case shall be shown as NO. 2:13-cv-0021 LKK JFM PS. (Zignago, K.)
December 14, 2012 Opinion or Order Filing 4270 ORDER signed by Magistrate Judge John F. Moulds on 12/14/12 ordering the clerk of the court is directed to pay Matthew A. Lopes, Jr., Special Master the amount of $258,115.21 in accordance with the attached statment. A copy of this order shall be served on the Financial Department of the court. (cc: Financial) (Plummer, M)
December 6, 2012 Opinion or Order Filing 4269 THREE-JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Circuit Judge Stephen Reinhardt and Senior Judge Thelton E. Henderson on 12/6/12 DENYING Defendants' motion for a six month extension and Plaintiffs' motion for order to show cause. (Manzer, C)
November 29, 2012 Opinion or Order Filing 4267 ORDER signed by Magistrate Judge John F. Moulds on 11/28/12 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master the amount of $260,903.45 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)
November 27, 2012 Opinion or Order Filing 4265 STIPULATION and ORDER 4263 signed by Judge Lawrence K. Karlton on 11/26/2012 for return of 20 mental health crisis beds at California Medical Facility to Acute Psychiatric Program beds. (Marciel, M)
October 18, 2012 Opinion or Order Filing 4257 ORDER signed by Magistrate Judge John F. Moulds on 10/18/12 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 $272,565.73 in accorance with the attached statement. A copy of this order shall be served on the Financial department of the court. (cc: Financial)(Plummer, M)
October 11, 2012 Opinion or Order Filing 4251 THREE-JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Circuit Judge Stephen Reinhardt and Judge Thelton E. Henderson on 10/11/12 ORDERING that the defendants shall develop plans to achieve required prison population reduction. Plans shall be submitted to the court on or before 1/7/2013. (Donati, J)
September 25, 2012 Opinion or Order Filing 4248 ORDER signed by Magistrate Judge John F. Moulds on 9/24/2012 ORDERING the Clerk to pay to Matthew A. Lopes, Jr., Special Master, the ammount of $469,018.64; and a copy of this order shall be served on the financial department of this court. (cc: Financial)(Yin, K)
September 19, 2012 Opinion or Order Filing 4246 ORDER signed by Judge Lawrence K. Karlton on 9/19/12 ORDERING within 45 days from the date of this order, defendants shall deposit with the Clerk of the Court an eighty-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; and the Clerk of the Court is DIRECTED to serve a copy of this order on the Financial Department of this Court. (cc: Financial). (Meuleman, A)
September 7, 2012 Opinion or Order Filing 4235 THREE-JUDGE COURT ORDER signed on 9/7/2012 ORDERING 4180 Motion and 4230 Motion are GRANTED in part and DENIED in part consistent with this Order. All issues not specifically addressed in this Order are DENIED without prejudice. (Waggoner, D)
September 4, 2012 Opinion or Order Filing 4233 ORDER signed by Magistrate Judge John F. Moulds on 9/4/2012. The matter of payment for the Special Master has been referred to this Court and has reviewed the bill for services provided in this case case through July 2012. Clerk directed to pay Matthew A. Lopes Jr., Esq. (Special Master) of Pannone Lopes & Devereaux LLC at 317 Iron Horse Way, Suite 301 in Providence, RI 02908 the amount of $463,261.48. [cc: Financial Department] (Marciel, M)
August 30, 2012 Opinion or Order Filing 4232 ORDER signed by Judge Lawrence K. Karlton on 08/30/12 ORDERING that the 4205 Special Master's Twenty-Fourth Round Monitoring report and the findings and recommendation contained therein are ADOPTED IN FULL; defendants shall review and assess t heir existing quality assurance process, and shall develop an improved quality improvement process by which they can address issues with the quality of the care that is delivered, as described in the Special Master's Twenty-Fourth Round Monitori ng Report. The quality improvement process shall be developed from the standpoint of it being the beginning of a transition by CDCR into self-monitoring by its own DCHCS. It shall include, but not be limited to, the development of a process for impro ved document production for institutional paper reviews, so that the provided information is clear, consistent, responsive to the Special Master's document request, and useful for the assessment of institutional levels of compliance. The defenda nts' review and assessment of their existing quality assurance process, and the development of an improved quality improvement process, shall be carried out under the guidance of the Special Master and his staff, with participation and input of the Coleman plaintiffs, during the six-month period following the entry of this order. (Benson, A.)
August 24, 2012 Opinion or Order Filing 4231 ORDER signed by Judge Lawrence K. Karlton on 8/24/12 ORDERING that Within forty-five days from the date of this order, defendants shall deposit with the Clerk of the Court an eighty-first 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)
August 3, 2012 Opinion or Order Filing 4220 ORDER signed by Judge Lawrence K. Karlton, Stephen Reinhardt and Thelton E. Henderson on 08/03/12 ORDERING that the parties shall file briefs in accordance with this order within 14 days. Pending further order of the Court, defendants shall take all steps necessary to comply with the Court's 06/30/11 4032 order, including the requirement that the prison population be reduced to 137.5% by 06/27/13. (Benson, A.)
July 16, 2012 Opinion or Order Filing 4216 ORDER signed by Magistrate Judge John F. Moulds on 07/12/12 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 R.I. 02908 the amount of $361,829.31 in accordance with the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Plummer, M)
July 13, 2012 Opinion or Order Filing 4215 ORDER signed by Magistrate Judge John F. Moulds on 7/12/12 ORDERING that Plaintiffs fees and costs of $334,726.51, 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 25, 2012, accruing at the rate provided by 28 U.S.C. § 1961. (Dillon, M)
July 10, 2012 Opinion or Order Filing 4209 ORDER signed by Judge Lawrence K. Karlton on July 10, 2012. Defendants have filed a request to modify the evidentiary hearing set for July 13, 2012 to a status conference. Good cause appearing, IT IS SO ORDERED that the defendants' request is granted. The hearing set for July 13, 2012 at 10:00 a.m. is converted to a Status Conference. (Rivas, A)
June 18, 2012 Opinion or Order Filing 4202 ORDER signed by Magistrate Judge John F. Moulds on 6/18/2012 ORDERING the Clerk to pay to Matthew A. Lopes, Jr., Special Master, the amount of $383,374.25; and a copy of the order shall be served on the financial department. (cc: Financial)(Yin, K)
June 15, 2012 Opinion or Order Filing 4199 ORDER signed by Judge Lawrence K. Karlton on 6/15/2012. The Court's 1/4/2012 3761 approving substantial part defendants long-range mental health bed plan shall be modified to allow defendants to implement their revised mental health bed plan. Based on concerns raised by Special Master and plaintiffs, Court order defendants to continue working with Special Master to address issue of incorporating defendants' use of "trued" projections. Defendants' proposed revised bed p lan does not include sufficient number of mail EOP ASU beds. Defendants will continue to work with Special Master to clarify use of "trued" projections. Defendants' Request to modify the number of intermediate care facility beds available at Atascadero State Hospital from 256 to 206 is premature. Further consideration of Request is DEFERRED until Hearing set for 7/13/2012. (Marciel, M)
June 12, 2012 Opinion or Order Filing 4195 ORDER signed by Judge Lawrence K. Karlton on 6/12/12: Within forty-five days from the date of this order, defendants shall deposit with the Clerk of the Court an eightieth 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)
June 7, 2012 Opinion or Order Filing 4193 THREE-JUDGE COURT ORDER signed on 6/7/2012 ORDERING parties will be granted a period of 15 days to file further briefs addressing plaintiff's contention and proposing, separately or jointly, a schedule for proceedings on a motion to modify.(Waggoner, D)
May 16, 2012 Opinion or Order Filing 4189 ORDER signed by Magistrate Judge John F. Moulds on 05/15/12 ordering the clerk of the court is directed to pay to Matthew A. Lopes, Jr., Special Master the amount of $209,141.26 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 19, 2012 Opinion or Order Filing 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 Opinion or Order Filing 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)
March 30, 2012 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 7, 2011 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 19, 2011 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 8, 2011 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 28, 2011 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 19, 2011 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 10, 2011 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 4, 2010 Opinion or Order Filing 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)
September 22, 2010 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 11, 2010 Opinion or Order Filing 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 Opinion or Order Filing 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)
July 21, 2010 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 18, 2010 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 13, 2010 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 7, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 4, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 3642 ORDER signed by Three-Judge Panel on 8/4/2009 ruling on Evidentiary Matters related to 3641 Opinion & Order. (Waggoner, D)
July 16, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 2, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 9, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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)
January 30, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 14, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 4, 2008 Opinion or Order Filing 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)

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Search for this case: Coleman, et al v. Schwarzenegger, et al
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Plaintiff: Ralph Coleman
Represented By: Kimberly Hall Barlow
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Plaintiff: Winifred Williams
Represented By: Michael Bien
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Plaintiff: David J Heroux
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Plaintiff: David McKay
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Plaintiff: Roy Joseph
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Defendant: John S Zil, MD
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Defendant: Nadim Khoury
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Defendant: Joseph Sandoval
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Defendant: Schwarzenegger
Represented By: Rochelle C. East
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Defendant: Stephen W Mayberg
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Defendant: William B. Kolender
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Defendant: Orange County Sheriff-Coroner Michael S. Carona
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Defendant: Placer County Sheriff Edward N. Bonner
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Defendant: Los Angeles County Sheriff Lee Baca
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Defendant: Santa Clara County Sheriff Laurie Smith
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Defendant: San Benito County Sheriff Curtis Hill
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Defendant: Stanislaus County Sheriff Adam Christianson
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Defendant: Mendocino County Sheriff Tom Allman
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Defendant: Tehama County Sheriff Clay Parker
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Defendant: Lassen County Sheriff Steve Warren
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Defendant: - - Santa Barbara Sheriff's Department
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Defendant: Kern County Sheriff Donny Youngblood
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Defendant: San Mateo County Sheriff Greg Munks
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Defendant: Yuba County Sheriff Steve Durfor
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Defendant: James E. Tilton
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Defendant: Stanislaus County Chief Probation Officer Jerry Powers
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Defendant: Ventura County Chief Probation Officer Karen Staples
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Defendant: Solano County Chief Probation Officer Isabelle Voit
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Defendant: Jim Hudson
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Defendant: Matthew Cate
Represented By: Rochelle C. East
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Defendant: John Craig
Represented By: Kyle Anthony Lewis
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Intervenor: USA
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Intervenor: - California Correctional Peace Officers Association
Represented By: Gregg McLean Adam
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Intervenor: County of Santa Clara
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Intervenor: Roy Ashburn
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Intervenor: James F. Battin, Jr
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Intervenor: Bob Dutton
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Represented By: Ivy M. Tsai
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Represented By: Ivy M. Tsai
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Represented By: Ivy M. Tsai
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Represented By: Ivy M. Tsai
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Intervenor: Michael Billdt
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Intervenor: Richard Hawthorne
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Intervenor: Adolfo Gonzales
Represented By: Ivy M. Tsai
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Intervenor: Mark DeRosia
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Intervenor: Roy Wasden
Represented By: Ivy M. Tsai
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Intervenor: Jerry Dyer
Represented By: Ivy M. Tsai
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Intervenor: Republican Assembly and Senators
Represented By: Steven Shea Kaufhold
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Special_master: Matthew A Lopes, Jr
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Receiver: Robert Sillen
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Receiver: J. Clark Kelso
Represented By: Martin H. Dodd
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Intervenor_plaintiff: Robert Hecker
Represented By: Michael Bien
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Amicus: AFSCME Local 2620
Represented By: Andrew H Baker
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Amicus: Psychology Shield
Represented By: Arthur M. Chenen
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Amicus: California Psychiatric Association
Represented By: Paul Andrew Hemesath
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Amicus: SEIU Local 1000
Represented By: Rocco Robert Paternoster
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Amicus: Union of American Physicians and Dentists
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Amicus: Californians United for a Responsible Budget
Represented By: Cassie M. Pierson
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Intervenor_defendant: Anthony Adams
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Joel Anderson
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Tom Berryhill
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Sam Blakeslee
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Paul Cook
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Chuck DeVore
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Michael D. Duvall
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Bill Emmerson
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Jean Fuller
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Ted Gaines
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Martin Garrick
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Shirley Horton
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Guy Houston
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Bob Huff
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Kevin Jeffries
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Rick Keene
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Doug La Malfa
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Bill Maze
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Roger Niello
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Sharon Runner
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Jim Silva
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Cameron Smyth
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Todd Spitzer
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Audra Stickland
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Van Tran
Represented By: Steven Shea Kaufhold
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Intervenor_defendant: Michael N. Villines
Represented By: Steven Shea Kaufhold
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