Coleman, et al v. Schwarzenegger, et al
| Ralph Coleman, Winifred Williams, David J Heroux, David McKay and Roy Joseph |
| 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 |
| 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 |
| Matthew A Lopes, Jr |
| Robert Sillen and J. Clark Kelso |
| Robert Hecker |
| AFSCME Local 2620, Psychology Shield, California Psychiatric Association, SEIU Local 1000, Union of American Physicians and Dentists and Californians United for a Responsible Budget |
| 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 |
| Patrick Wilson and Christopher T Burns |
| Elwood Lui, Peter - Siggins and Sherie Lemire |
| 2:1990cv00520 |
| February 5, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lawrence K. Karlton |
| John F. Moulds |
| Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
8229
ORDER signed by Chief District Judge Kimberly J. Mueller on 05/08/24 EXCUSING Peter Cockcroft and Ralph Coleman from the 05/10/24 mediation session. (Licea Chavez, V)
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Filing
8227
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/2/2024 GRANTING plaintiffs 14 days from the date of this order in which to file a full response to Section III of 879 Objections to the Sixth Re-Audit Report. Defendants will be GRANTED 7 days thereafter to file a reply. (Huang, H)
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Filing
8215
ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Chief District Judge Kimberly J. Mueller on 04/24/2024 DIRECTING the Warden of Salinas Valley State Prison to produce Peter Cockroft, #H-86887, in the United States Courthouse at 10:00 AM on 5/10/2024 in Courtroom #3 before Chief District Judge Kimberly J. Mueller. (cc: OTC Desk) (Spichka, K.)
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Filing
8213
ORDER signed by Magistrate Judge Deborah Barnes on 4/23/2024 ORDERING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $847,172.98 as payment of the statement attached to this order. (cc: Financial) (Yin, K)
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Filing
8206
ORDER signed by Chief District Judge Kimberly J. Mueller on 04/17/24 ORDERING that Defendants' 10/27/23 Objections to the Special Master's Proposed Resolution of Data Remediation Dispute on AC7.1 (Timely Transfer to EOP) and AC7.4 (Timely Transfer to CCCMS) - Suspending Events are OVERRULED. The Special Master's Proposed Resolution of Data Remediation Dispute on AC7.1 (Timely Transfer to EOP) and AC7.4 (Timely Transfer to CCCMS) is ADOPTED in full. The medical hold language shall be REMOVED from the suspending events sections of the documentation for AC7.1 and AC7.4 and transfers to CCCMS and EOP settings that exceed required time frames shall be scored as not satisfying the relevant Program Guide requirement. Concurr ently, defendants shall modify these indicators to include drill down information regarding any reasons for delayed transfers to EOP and CCCMS settings, including medical holds. Within 7 days, the parties shall file a joint statement of their r espective final positions as presented in the meet and confer process required by the court's 11/16/23 order accompanied by the last proposal discussed prior to the parties' determination they could not reach agreement and a brief statement setting out their respective positions as to whether the court should require defendants to adopt that proposal as an addendum to the Program Guide. (Benson, A.)
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Filing
8201
ORDER signed by Chief District Judge Kimberly J. Mueller on 04/15/24 DIRECTING within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and forty-eighth interim payment of costs in the amount of $3,000,000.00, which amount shall be invested in the interest bearing account previously opened for this action. (cc Financial) (Licea Chavez, V)
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Filing
8196
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 04/11/2024 EXTENDING the deadline to file a Joint Motion and Stipulation required by 8181 Order, until 04/25/2024. (Nair, C) Modified on 4/12/2024 (Nair, C).
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Filing
8192
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/8/2024 GRANTING in part plaintiffs' 8185 request. Plaintiffs shall file the brief required by this order on or before 4/12/2024 and defendants shall file a response to plaintiffs' brief on or before 4/19/2024. (Yin, K)
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Filing
8184
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 4/2/2024 EXTENDING the deadline to 4/19/24 to file a joint report. (Woodson, A)
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Filing
8182
AMENDED STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 4/1/2024 EXTENDING the deadline to respond to the Special Master's Report and Proposed Telemental Health Policy to 2 weeks following the end of the referral to the mediator. (Huang, H)
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Filing
8178
ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Chief District Judge Kimberly J. Mueller on 04/01/2024 DIRECTING the Warden of California Health Care Facility to produce Ralph Coleman, #C-09970, in the United States Courthouse at 10:00 AM on 4/12/2024 in Courtroom #3 before Chief District Judge Kimberly J. Mueller. (cc: OTC Desk) (Spichka, K.)
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Filing
8168
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/27/24 DENYING defendants' motion. The court overrules their objections to the Special Master's recommendation to create a new PIP placeholder indicator to measure timely review of maximum custody patients in accordance with CDCR's TTM policy. This order RESOLVES ECF Nos. 8039 and 8076 . (Kastilahn, A)
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Filing
8164
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/21/24 GRANTING 8155 Request; EXCUSING Secretary Macomber and Nicholas Weber from appearing at the 03/28/24 Status Conference in person, Macomber on the condition he remain available to Mediator by telephone for the duration of the mediation; EXCUSING Dr. Leider from attending in person and GRANTING appearing remotely. (Benson, A.)
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Filing
8163
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 3/18/2024 CONFIRMING the Attorneys' Fees and Costs for the Fourth Quarter 2023. The parties stipulate and agree that $1,171,128.21 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 3/15/2024 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Yin, K)
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Filing
8160
ORDER signed by Magistrate Judge Deborah Barnes on 03/18/2024 ORDERING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $748,339.58 as payment of the statement attached to this order. (cc: Financial) (Spichka, K.)
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Filing
8149
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Chief District Judge Kimberly J. Mueller on 3/11/2024 ORDERING the custodian to produce Ralph Coleman C-09970, to testify in the USDC on 3/29/2024 at 10:00 a.m. in courtroom #3, befor e Chief District Judge Kimberly J. Mueller; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk shall serve a copy of this order and writ on the Out-to-Court Desk and the custodian. (cc: OTCD-SAC) (Yin, K)
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Filing
8147
BENCH ORDER signed by Chief District Judge Kimberly J. Mueller. [The Court read this Order into the Record at the 8146 Status Conference. No Signature] (Donati, J)
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Filing
8144
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/5/24 ORDERING that defendants' motion to lift the stay of tours is DENIED.(Kastilahn, A)
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Filing
8134
ORDER signed by Magistrate Judge Deborah Barnes on 02/20/2024 ORDERING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $871,817.96 as payment of the statement attached to this order. (cc: Financial) (Spichka, K.)
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Filing
8125
ORDER signed by Magistrate Judge Deborah Barnes on 2/6/2024 ORDERING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $718,175.66 as payment of the statement attached to this order; and a copy of this order shall be served on the financial department of this court. (cc: Financial) (Yin, K)
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Filing
8124
ORDER signed by Chief District Judge Kimberly J. Mueller on 02/01/24 SETTING a Videoconference on 8076 Motion to Exclude for 2/7/2024 at 10:00 AM before Chief District Judge Kimberly J. Mueller. Parties shall be prepared to address the issues outlined in the order. (Benson, A.)
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Filing
8121
ORDER signed by Chief District Judge Kimberly J. Mueller on 02/04/24 ADOPTING in full the findings in the 8011 Special Master's October 10/03/23 Data Remediation Status Report; ADOPTING in full the Special Master's second and third reco mmendations and EXTENDING the deadline for completion of the data remediation projection to 03/31/24. On or before, 03/15/24, the Special Master shall inform the court whether the 03/31/24 deadline will be met; and the court gives PROVISIONAL APPROVAL to the non-disputed placeholder indicators listed in Appendix A to the 8011 Special Master's 10/13/23 Data Remediation Status Report. (Benson, A.)
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Filing
8116
ORDER signed by Chief District Judge Kimberly J. Mueller on 01/22/24 DIRECTING beginning with the next monthly vacancy report and going forward defendants shall calculate all monthly fines using the formula in 7743 Order and the following average maximum monthly salary for each class. Defendants' 8114 Notice of Errata is ACCEPTED and defendants' 8104 Status Report, is DEEMED amended in accordance with that Notice.(Licea Chavez, V)
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Filing
8103
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 12/27/2023 EXTENDING the parties' time to respond to the Special Master's Thirtieth round report part C.(Mena-Sanchez, L)
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Filing
8101
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 12/26/2023 EXTENDING the deadline for the parties to file their responses or objections to the Special Master's Thirtieth Round Report, Part B, to 1/4/2024, and order that any responses to the objections or responses must be filed by 1/23/2024. (Yin, K)
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Filing
8097
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/21/2023 ORDERING that within 30 days from the date of this order, Defendants shall deposit with the Clerk of Court a one hundred and forty-seventh interim payment of costs in the amount of $3,000,000.00, which amount shall be invested in the interest-bearing account previously opened for this action. (cc: Financial) (Spichka, K.)
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Filing
8091
ORDER signed by Magistrate Judge Deborah Barnes on 12/18/2023 ORDERING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $846,339.23 as payment of the statement attached to this order. (cc: Financial Dpt.)(Yin, K)
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Filing
8087
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/14/2023 ORDERING, within 90 days, the parties to meet and confer under the supervision of the Special Master to clarify whether, and if so what, outstanding disputes remain over defenda nts' Telemental Health Services Policy and the Special Master shall file a short report on the outcome of those discussions; the Special Master shall include with his report a proposed Telemental Health Services Policy for the court's approval; and the parties will have 14 days thereafter in which to file responses to the Special Master's report and proposed Telemental Health Services Policy.(Clemente Licea, O)
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Filing
8078
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/5/2023 ORDERING that The Special Master's 6/21/2023 Report and Recommendation Regarding Third-Level Data Remediation Dispute Regarding Timely Compliance Methodology, 7954 , as amended by 8033 and 8033 -1 is ADOPTED in full; The Special Master's Recommendation shall be implemented forthwith through the data remediation process under his supervision.(Mena-Sanchez, L)
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Filing
8073
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/29/23 GRANTING 8072 Request to File Suicide Reports Under Seal. (Licea Chavez, V)
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Filing
8070
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/16/2023 GRANTING Defendants' 7619 Request to file suicide reports under seal.(Mena-Sanchez, L)
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Filing
8066
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/15/23 SETTING a further hearing on 4/26/2024 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller on issues related to enforcement of remedial requirements f or timely transfer to inpatient care and the status of defendants' compliance with the 8009 Court's 10/11/23 Order, regarding compliance with required staffing levels in the CDCR PIPs. Between now and the hearing, the parties shall me et and confer under the supervision of the Special Master as detailed in the order. Parties shall file a joint status report by 04/12/24; defendants shall file an official updated mental health salary schedule within 3 days after it is issued by the Office of State Comptroller. (Benson, A.)
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Filing
8038
AMENDED ORDER signed by Magistrate Judge Deborah Barnes on 10/27/2023 DIRECTING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $913,528.62 as payment of the statement attached to this order. (cc: Financial) (Spichka, K.)
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Filing
8032
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 10/23/2023 ORDERING that $1,191,210.77 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 9/11/23 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Spichka, K.)
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Filing
8016
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/17/2023 ORDERING 8002 The court overruled defendants' objection to exhibits PL-049 through PL-098, inclusive, at hearing; PL-049 through PL-098, inclusive, are ADMITTED. The court DEFERS ruling on the admissibility of PL-110 pending a further report from the parties or briefing on its admissibility in closing briefs.(Reader, L)
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Filing
8010
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/10/23 ADOPTING IN FULL the Special Master's 8/8/23 Response. Defendants' 9/7/23 objections are OVERRULED without prejudice in accordance with this order. Defendants' 7974 request for leave to reply to plaintiffs' response is GRANTED to the extent explained in this order and the arguments contained therein are accepted as defendants' reply. The medical hold exception to the existing STRH/LTRH trans fer timeline indicator's documentation shall be removed and all transfers to STRH and LTRH units that exceed 30 days shall be scored as not satisfying the 30-day transfer business requirement. Concurrently, the indicator shall include drill-down information including any explanation for delayed transfers, including medical holds. (Kastilahn, A)
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Filing
7986
MINUTES for ENFORCEMENT HEARING held before Chief District Judge Kimberly J. Mueller on 9/29/2023. Attorneys Present for Plaintiffs: Ernest Galvan, Jenny Yelin, Lisa Ells, Alexander Gourse, Adrienne Pon Harrold, and Michael Bien. Also present with Pl aintiffs' Counsel, Prison Law Office Attorney, Marissa Hatton, and Paralegal Greg Gonzalez. Attorneys Present for Defendants: Paul Mello, Samantha Wolff, Lawrence Cirelli, Namrata Kotwani, Laurel O'Conner, and Damon McClain. Also present wi th Defendants' Counsel, Paralegal Vikashni Pooni. The court and counsel discussed Motions in Limine, exclusion of witnesses and additional housekeeping matters. The parties presented their opening statements. Witness, Dr. Erica Greulich, was sworn and testified. Enforcement Hearing (Day 2) SET for 10/3/2023 at 9:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. Court Reporter: Kimberly Bennett. (Schultz, C)
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Filing
7977
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/27/2023 DENYING 7958 Motion in Limine. Plaintiffs may call Angela Reinhold as a witness in the proceedings set to commence on 9/29/2023. (Clemente Licea, O)
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Filing
7965
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/26/2023 PROVIDING notice that the court intends to appoint Dwight Steward, Ph.D., Principal Economist of EmployStats, as a technical advisor. The parties will bear the cost of the adviso r's $725 per hour rate plus reasonable expenses. Within 14 days from the date of this order the parties shall meet and confer to determine how these costs shall be apportioned. If either plaintiffs or defendants object to Dr. Steward's appointment, they will inform the court by noon on 9/28/2023. (Huang, H)
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Filing
7961
ORDER signed by Chief District Judge Kimberly J. Mueller on 09/25/2023 GRANTING the 7948 Motion in Limine as to the admissibility of excerpts from the deposition of Paul Burton, M.D., DENYING without prejudice as to the admissibility of excerpts f rom the depositions of Alexandra David, M.D., Shelley Minor, Ph.D., and Kelley Franceschi, Psy. D., and DENYING as moot as to out-of-court statements by union representatives. The 7949 Motion in Limine is DENIED as moot as to the admissibility of e xcerpts from the deposition of Paul Burton, M.D., and DENIED without prejudice as to the admissibility of excerpts from the depositions of Alexandra David, M.D., Shelley Minor, Ph.D., and Kelley Franceschi, Psy.D. Plaintiffs' designations of exc erpts from the deposition of Dr. Burton due by 9/28/2023. Defendants' counter-designations together with any objections to plaintiff's designations due by 10/2/2023. Plaintiffs' objections to defendants' counter-designations due by 10/5/2023. Parties shall also file a copy of Dr. Burton's deposition transcript annotated to reflect the designations and counter-designations as well as objections, if any, to specific excerpts. (Spichka, K.)
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Filing
7950
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 9/18/2023 GRANTING the parties an extension to 9/26/2023 to file the joint report regarding inpatient transfer timelines that is required by 7916 Order. (Huang, H)
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Filing
7934
ORDER signed by Magistrate Judge Deborah Barnes on 08/31/23 DIRECTING The Clerk of the Court is directed to pay to Pannone Lopes Devereaux & O'Gara LLC Attn: Matthew A. Lopes, Jr., Esq., Special Master the amount of $944,019.21 as payment of the statement attached to this order. (cc Financial) (Licea Chavez, V)
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Filing
7929
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/24/2023 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 46th interim payment of costs in the amount o f $3,000,000.00, 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: CFS) (Reader, L)
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Filing
7924
ORDER signed by Chief District Judge Kimberly J. Mueller on 08/23/23 GRANTING 7812 Motion to that extent consistent with this order; Defendants shall immediately adopt and implement in the CDCR PIPs the minimum treatment standards set out in the DSH CQI process approved by the court. (Benson, A.) Modified on 8/23/2023 (Benson, A.).
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Filing
7918
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/14/23 ORDERING that the 7/28/23 stay of the VRJS/Falcon expert tours is CONTINUED until further order of court. Absent a court-approved stipulation of the parties governing resumption and conduct of the VRJS/Falcon tours, the court will further discuss with the parties possible resumption of the VRJS/Falcon tours following the conclusion of the proceedings beginning on 9/29/23. Defendants' oral request for a stay of this order is DENIED. (Kastilahn, A)
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Filing
7916
ORDER signed by Chief District Judge Kimberly J. Mueller on 08/11/2023 regarding Pre-Hearing Status Conference in advance of enforcement proceedings set for 9/29/2023 on two critical components of the remedy in this action. (Spichka, K.)
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Filing
7901
ORDER signed by Chief District Judge Kimberly J. Mueller on 08/03/23 ORDERING within 30 days, the parties shall meet and confer under the supervision of the Special Master concerning defendants' draft Telemental Health Services Policy circulated to the Special Master and to plaintiffs' counsel and, also within that time, the parties shall file a joint report to the court on the outcome of the meet and confer. (Benson, A.)
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Filing
7897
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/28/2023 ORDERING that The issues raised by the parties' joint statement will be added to the agenda for the 8/10/2023 Status Conference. Defendants shall immediately halt all VRJS/Falcon tours of CDCR prisons until further order of the court. (Mena-Sanchez, L)
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Filing
7881
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 7/25/2023 ORDERING that $1,181,100.71 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 6/12/2023 accruing at the rate provided by 28 U.S.C. § 1961. (Huang, H)
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Filing
7872
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/10/23 ORDERING that on or before 7/18/23, the parties shall file the submissions and the joint statement required by this order. This matter is set for pre-hearing status conference on 8/10/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. On or before 8/4/23, the parties shall file the status reports required by this order. (cc: Kerry K. Dean, Deputy Chief, U.S. Dept of Justice) (Kastilahn, A)
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Filing
7862
ORDER signed by Magistrate Judge Deborah Barnes on 06/26/2023 ORDERING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $1,122,325.98 as payment of the statement attached to this order. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Spichka, K.)
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Filing
7861
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 6/22/2023 MODIFYING the 3/27/2023 and 6/12/2023 orders as follows: parties shall exchange any expert witness reports no later than 8/31/2023; Expert witness depositions shal l be completed within 14 days of disclosure; Motions related to the admissibility of proposed expert testimony, if any, shall be filed not later than 7 days prior to the hearing; and the deadline to disclose fact witnesses and expert witnesses, as well as the subject of the anticipated testimony shall remain unchanged. All other deadlines under the March 27 and June 12 order shall remain unchanged. (Perdue, C.)
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Filing
7856
ORDER signed by Chief District Judge Kimberly J. Mueller on 06/12/23 SETTING a hearing 9/29/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller for consideration of findings of contempt and payment of fines that hav e accumulated on or after 03/31/23 with the following shortened briefing schedule: parties to disclose fact witnesses, as well as the subject of the anticipated testimony, 60 days prior to the hearing date; parties to disclose any expert witnesses a s provided by FRCP 26(a)(2), including exchanging the reports required by that rule, no later than 60 days prior to the hearing date; expert witness depositions, if any, shall be completed within 30 days of disclosure; parties to exchange exhibit lis ts 21 days prior to the hearing date, and meet and confer to stipulate to a joint exhibit list to the extent possible; parties to exchange exhibits from their respective individual exhibit lists electronically 7 days prior to the hearing; motions i n limine and motions or objections relating to the admissibility of proposedexpert testimony, if any, to be filed not later than 14 days prior to the hearing, with responses or objections to such motions due 7 days after the motions are filed; openin g statements if any shall be limited to ten minutes per party; parties shall jointly propose time limits for witness testimony, including whether direct testimony will be submitted by declaration or presented live, 21 days before hearing; parties to file post-hearing or closing briefs within 14 days after the close of the proceedings. Clerk to serve Kerry K. Dean, Deputy Chief USDOJ. (Benson, A.)
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Filing
7854
ORDER signed by Chief District Judge Kimberly J. Mueller on 06/08/23 ADOPTING 7833 The Special Master's Thirtieth Round Monitoring Report - Part A; GRANTING parties 21 days to file amended or supplemental briefing, as appropriate, in accordance with this order. (Benson, A.)
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Filing
7851
ORDER signed by Chief District Judge Kimberly J. Mueller on 06/01/2023 GRANTING Plaintiffs' Request to File under Seal the Confidential Key of [7838-1] CDCR Psychiatric Inpatient Program Patients Referenced in the Declaration of Dr. Pablo Stewart. (Rodriguez, E)
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Filing
7848
ORDER signed by Magistrate Judge Deborah Barnes on 05/26/2023 ORDERING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $985,417.38 as payment of the statement attached to this order. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Spichka, K.)
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Filing
7847
ORDER signed by Chief District Judge Kimberly J. Mueller on 05/23/23 GRANTING 7721 Plaintiffs' motion for clarification of court orders regarding the purpose of data remediation to the extent of the clarification provided by this order; ADOP TING 7755 03/09/23 Special Master's Report and Recommendations regarding Third Level Data Remediation Disputes to the extent consistent with this order; REFERRING BACK to Special master the dispute over the indicator for transfer to STRH/LT RH within timeframes for further consideration in accordance with this order; ADOPTING in full The Special Master's recommendation that the indicator for MHCB daily provider contacts be designed with plaintiffs' requested reasonable modification. (Benson, A.)
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Filing
7845
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/22/23 GRANTING 7831 defendants' request for leave to file a motion for reconsideration of the court's 4/12/23 order. Defendants' proposed motion for reconsideration, ECF No. 7831-2 is DEEMED filed 5/9/23. Defendants' 5/9/23 motion for reconsideration, ECF No. 7831-2, is DENIED. (Kastilahn, A)
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Filing
7844
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 05/17/2023 APPROVING the Parties' agreements regarding the IDTT Staffing - Patient Attendance dispute, and the IDTT Staffing - Psychiatric Nurse Practitioner (PNP) Participation dispute, with the understanding that the term "noncompliant" REFERS to noncompliance with the relevant Program Guide requirement. Accordingly, the Court deems these two disputes RESOLVED. (Rodriguez, E)
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Filing
7841
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/16/2023 DIRECTING that within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and forty-fifth interim payment of costs in the amount of $3,000,000.00. (cc: Financial) (Perdue, C.)
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Filing
7830
ORDER signed by Chief District Judge Kimberly J. Mueller on 05/08/2023 ADOPTING IN FULL the 7826 Parties' Revisions to Defendants' Telepsychiatry Policy, attached as Exhibit B to the Parties' Joint Filing. (Rodriguez, E)
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Filing
7822
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/24/2023 GRANTING 7816 Request to Seal the Confidential Key of CDCR Psychiatric Inpatient Program Patients referenced in 7812 -2 Declaration of Dr. Pablo Stewart. (Donati, J)
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Filing
7817
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/19/2023 ORDERING Plaintiffs to forthwith serve courtesy copies of their 4/17/2023 Motions, 7812 and 7813 , and their replies for said Motions on the United States Attorney General . Defendants shall serve courtesy copies of their oppositions to Plaintiffs' Motions on the United States Attorney General. Any response by the United States to those Motions shall be filed by 5/23/2023, one week after the deadline for submi ssion of Plaintiffs' reply brief. The Clerk of the Court shall serve a courtesy copy of the court's 3/27/2023 7786 order, on the United States Attorney General. The United States is invited to file briefing as it deems warranted. Any ope ning brief on issues related to contempt proceedings related to compliance with inpatient transfer timelines will be most helpful to the court if filed on or before 9/22/2023, and any closing brief if filed thirty-one days after the close of the proceedings. All documents required to be served on the United States shall be served on: Kerry K. Dean, Deputy Chief United States Department of Justice Civil Rights Division Special Litigation Section 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530. (Mena-Sanchez, L)
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Filing
7815
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 4/19/2023 and agreed between the parties that $1,104,158.99 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 4/1/2023 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Yin, K)
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Filing
7808
ORDER signed by Chief District Judge Kimberly J. Mueller on 04/12/2023 ADOPTING IN FULL 7715 The Special Master's Twenty-Ninth Monitoring Report--Part C and 7716 The Special Master's Twenty-Ninth Monitoring Report--Part D. (Rodriguez, E)
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Filing
7807
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/11/2023 ADOPTING The Special Master's Recommendation 7682 at 70; ADOPTING The Provisionally Approved Telepsychiatry Policy 6539 at 5-12 as FINAL; and ADOPTING The findings in the Special Master's Report 7682 from his monitoring of the Provisionally Approved Telepsychiatry Police. The findings in the Special Master's Report, concerning defendants' proposed Revised Telepsychiatry Policy and plaintiffs' proposed revisions are made a matter of record, as are the parties' responses to those findings. (Perdue, C.)
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Filing
7806
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/11/2023 DIRECTING that Defendants shall maintain a maximum ten percent vacancy rate among recreation therapists and Defendants shall maintain a maximum ten percent vacancy rate among medi cal assistant positions allocated to the Statewide Mental Health Program. For purposes of the 2/28/2023 order, the calculation for recreation therapists and medical assistants will be made by multiplying the total number of allocated positions in each classification by 0.90, then subtracting the total number of filled positions from each result. (Perdue, C.)
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Filing
7804
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/7/2023 AMENDING the 2/28/2023 7742 Order and ORDERING as follows: As of December 2022, defendants have a total of 2,017.4 mental health staff positions allocated under their 2009 Sta ffing Plan. 7788 at 5-9. More than ten percent of those positions are vacant across all classifications except recreation therapists: the vacancy rate among psychiatrists is fifteen percent, the vacancy rate among psychologists is thirty-one per cent, the vacancy rate among social workers is twenty-five percent, the vacancy rate among recreation therapists is nine percent, and the vacancy rate among medical assistants is twenty-nine percent. In all other respects, the 2/28/2023 order remains unchanged. (Mena-Sanchez, L)
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Filing
7791
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/20/2023 EXTENDING 7766 Defendants request that deadline for Defendants to file the amended staff vacancy reports required under the March 17 order to March 29, 2023. (Reader, L)
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Filing
7786
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/23/2023 CONTINUING 7741 Motion Hearing set for 9/29/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller, for consideration of findings of contempt proceedings. (Reader, L)
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Filing
7774
ORDER signed by Magistrate Judge Deborah Barnes on 03/22/2023 DIRECTING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $733,540.40 as payment of the statement attached to this order. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Spichka, K.)
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Filing
7773
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/21/23 GRANTING 7770 Ex Parte Request. Defendants' principals, including Diana Toche, Amar Mehta, Steven Cartwright, Travis Williams, Toni Martello, Wendy Worrell, Michael Hewitt and Laurie Ball shall have up to and including 04/06/23 to comply with the court's 7757 Order. In all other respects, the court's 7757 Order is CONFIRMED.(Licea Chavez, V)
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Filing
7766
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/27/23 ORDERING that for the sake of clarity, going forward defendants shall report mental health vacancy data for positions allocated and filled under the 2009 Staffing Plan and modifica tions thereto separately from positions allocated and filled under the CDCR PIP Staffing Plan. Defendants shall include subtotals by classification for each subgroup (2009 Staffing Plan and CDCR PIP Staffing Plan) as well as totals by classificatio n to reflect systemwide fill or vacancy rates. Notwithstanding their contention that the medical assistant classification is not part of the 2009 Staffing Plan, defendants shall continue to report vacancy data for this classification. In addition, so that the court may correct page 2 of the 2/28/23 order at lines 12-17, defendants shall file WITHIN SEVEN DAYS an amended version of the monthly mental health staffing vacancy report filed 2/9/23, ECF No. 7717 . The amended version shall re port mental health vacancy data for positions allocated and filled under the 2009 Staffing Plan and modifications thereto separately from positions allocated and filled under the CDCR PIP Staffing Plan, and shall include vacancy data for the medical assistant classification. (Kastilahn, A)
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Filing
7764
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/15/23 GRANTING 7719 Motion for In Camera Review of Second Golding Report; the Court will review the Report in camera pending the resolution of Defendants' motion for an order authorizing the redaction of certain matter in that report. (Benson, A.)
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Filing
7759
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 3/13/23 GRANTING 7739 Plaintiffs' request to file a supplemental declaration from Pablo Stewart, M.D. regarding the February 2023 APA telepsychiatry resource doc ument. Plaintiffs' supplemental expert declaration from Dr. Stewart is filed at ECF No. 7739 at 4-23. Defendants may file a response to the supplemental Stewart declaration, including the APA resource document, within seven days from the date this order is filed. (Kastilahn, A)
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Filing
7757
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/10/23 REQUIRING affidavits to be filed by 03/23/23. The court will only accept evidence from principals and hear argument from counsel who have timely filed the affidavit required by this order. (Licea Chavez, V)
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Filing
7754
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/06/23 ADOPTING in full 7710 Attachment B and 7714 Exhibit A. Defendants shall meet all deadlines in the schedule and no extensions of the deadlines will be granted except on a showing of extraordinary cause. Within 7 days from the date of this order defendants shall submit a properly redacted version to the Clerk's Office.(Licea Chavez, V)
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Filing
7747
ORDER signed by Magistrate Judge Deborah Barnes on 02/28/2023 DIRECTING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $854,566.05 as payment of the statement attached to this order. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Spichka, K.)
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Filing
7743
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/27/2023 DIRECTING that on or before 4/1/2023, defendants shall fully implement all outstanding court ordered suicide prevention measures. The Special Master shall provide an updated report on the status of defendants' implementation of the outstanding suicide prevention recommendations in accordance with this order. Courtesy copy of this order sent to Kerry K. Dean, Deputy Chief. (Perdue, C.)
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Filing
7740
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 02/27/23 SETTING the following deadlines: By 03/01/23, defendants shall issue a new memorandum to all CDCR and CCHCS employees reiterating that staff is free to communicate with the Special Master's team at any time regarding any mental health program issue or concern. Also by 03/01/23 defendants shall file a copy of the new memorandum with the court. No later than 03/30/23 Defendants shall develop, in consultation with the Special Master and plaintiffs' counsel, the training module. By 03/30/23, defendants shall file a report with the court, confirming they have completed development of the training module. By 04/24/23, defendants shall provide the court with documentation making the training mandatory as well as the schedule for deployment of the training throughout CDCR.(Licea Chavez, V)
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Filing
7735
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/21/23 RESETTING the hearing dates for 7720 Defendants' Merits Motion, 7719 Defendants' Administrative Motion and 7721 Plaintiffs' Motion to 3/24/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. The parties' oppositions, if any, shall be filed no later than 3/2/23. The parties' replies, if any, shall be filed no later than 3/17/23. (Kastilahn, A)
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Filing
7729
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 2/15/2023 CONFIRMING Third Quarter 2022 Plaintiffs Attorney Fees in the Amount of $974,416.25 plus interest. (Donati, J)
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Filing
7712
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/1/2023 GRANTING-IN-PART 7709 Stipulation for Extension of Deadline. Defendants shall file the initial expanded mental health vacancy report on or before 2/9/2023 at 12:00 p.m. (Perdue, C.)
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Filing
7708
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/20/2023 GRANTING 7705 Request for Additional Resources. The Special Master is authorized to appoint Alison A. Grieco, Esq. and Mitchell J. Young, Esq. to perform the duties set forth in the request. Patricia Williams, Esq. is formally recognized as a Deputy Special Master to perform the duties set forth in the request. (Perdue, C.)
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Filing
7704
ORDER signed by Chief District Judge Kimberly J. Mueller on 01/17/2023 ORDERING that beginning with the report due 01/31/2023, defendants shall expand their monthly psychiatrist vacancy report to include the same fill or vacancy rate information for all psychologist classifications, all clinical social worker classifications, all recreational therapist classifications and all medical assistant classifications. (Rodriguez, E)
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Filing
7700
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 1/11/2023 EXTENDING the deadline by 14 days re Second Golding Report in 7690 Order. Plaintiffs shall notify Defendants whether they intend to file a motion for relief no later than 1/26/2023, and the parties motion, if any, shall be filed no later than 2/9/2023. (Perdue, C.)
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Filing
7699
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/6/2023 INVITING the United States Attorney General to advise the court whether he will participate in this action until its conclusion. Response Requested within 30 days from the date of this order. Status Conference set for 2/10/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (cc Phillip Talbert, David Shelledy, USAO- Sacramento) (Attachments: # 1 Appendix A)(Donati, J)
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Filing
7695
ORDER signed by Chief District Judge Kimberly J. Mueller on 01/03/23 GRANTING 7693 Special Master's Request for Extension of Time; VACATING the part of paragraph 4 of the 7216 Court's 07/01/21 Order, requiring the Special Master to r eport his findings on the functionality and efficacy of the provisionally approved list of CQIT indicators as part of hisTwenty-Ninth Round Monitoring Report. By 06/30/23, the Special Master shall file a brief report on the status of data remediation generally and as it pertains to finalization of the list of CQIT indicators in particular. (Benson, A.)
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Filing
7690
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/29/2022 ORDERING that The parties are granted thirty days from the date of this order to file the Motions authorized here and to complete the meet and confer required as described abov e; All Motions filed as authorized by this order shall be noticed for hearing on this court's regular law and Motion calendar as provided by Local Rule 230; and The Clerk of the Court is directed to serve a copy of this order on counsel who previously represented Dr. Golding, Wendy Musell, Stewart & Musell, LLP, 220 Powell Street, Suite 440, Emeryville, CA 94608.(Mena-Sanchez, L)
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Filing
7688
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/19/22 ADOPTING 7625 Special Master's 29th Round Monitoring Report, Part B and 29th Round Monitoring Report Part B in full and APPROVING 7078 DSH Inpatient Staffing Plan. (Licea Chavez, V)
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Filing
7685
ORDER signed by Magistrate Judge Deborah Barnes on 12/16/2022 ORDERING 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, the amount of $704,928.16 as payment of the Statement attached to this order, and a copy of this order shall be served on the Financial Department of this Court. (cc: CFS)(Reader, L)
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Filing
7681
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/14/2022 ORDERING the [7574 at 15] Provisional approval process in CDCR's Proposal for Assuming the Annual Suicide Monitoring Report is EXTENDED for 1 year. Over a period of 30 days from the date of this order the parties shall meet and confer under the supervision of the Special Master. Within 45 days from the date of this order defendants shall file an amended 2021 Annual Suicide Report. (Rodriguez, E)
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Filing
7675
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/1/2022 ORDERING 5435 that on or before 12/9/2022, the Special Master shall file the charts showing staffing vacancy rates, required by this order.(Reader, L)
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Filing
7658
ORDER signed by Magistrate Judge Deborah Barnes on 11/7/2022 DIRECTING the Clerk of the Court to pay to Pannone Lopes Devereaux & O'Gara LLC Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $731,504.63 as payment of the statement attached to this order. A copy of this order shall be serve on the financial department of this court. (cc: Financial) (Yin, K)
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Filing
7639
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/24/2022 GRANTING 7638 Request to file response under seal. (Zignago, K.)
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Filing
7635
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/20/22 ORDERING that the evidentiary dispute concerning Dr. Stewart's testimony is MOOTED by this order. Defendants' 6932 objections to plaintiff's request to admit evid ence after hearing, are sustained without prejudice to plaintiffs' right to seek, as appropriate, admission of some or all of that evidence should it become relevant in future proceedings. Defendants' 6945 motion to strike the declarati on of Amy Xu is GRANTED. The declaration of Amy Xu 6944 is STRICKEN, without prejudice. Plaintiffs' 6982 motion to strike declarations is GRANTED. The five declarations filed at ECF Nos. [6976-1] through 5 are STRICKEN, without prejudice. (Kastilahn, A)
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Filing
7632
AMENDED 7626 ORDER signed by Magistrate Judge Deborah Barnes on 10/18/2022 DIRECTING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $907,300.42 as payment of the statement attached to this order. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Huang, H)
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Filing
7629
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/18/2022 GRANTING 7627 Motion to file certain correspondence to the Special Master under seal. (Zignago, K.)
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Filing
7626
ORDER signed by Magistrate Judge Deborah Barnes on 10/17/2022 DIRECTING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $907,300.42 as payment of the statement attached to this order. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Yin, K)
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Filing
7622
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 7/11/2022 ORDERING that $852,604.79 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 9/25/2022 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Huang, H)
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Filing
7609
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/29/2022 ADOPTING Special Master's Expert's Analysis of CDCR's annual suicide report for 2015 and the Special Master's expert's annual suicide reports from 2016-2020, with amendments as noted in this order. (Donati, J)
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Filing
7607
ORDER signed by Magistrate Judge Deborah Barnes on 8/22/2022 DIRECTING the Clerk of the Court 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 $798,266.99 as payment of the statement attached to this order. (cc: Financial) (Huang, H)
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Filing
7605
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/16/2022 ORDERING defendants' 7051 objections to the Special Master's 1/28/2021 Monitoring Report on the Mental Health Inpatient Care Programs for Inmates of the CDCR are OVERRULLED OR DEEMED MOOT; the findings in the 7039 Special Master's Report are ADOPTED IN FULL; and for the reasons explained in this order, the court DECLINES to adopt the Special Master's recommendations for additional court orders. (Yin, K)
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Filing
7603
ORDER signed by Magistrate Judge Deborah Barnes on 8/12/2022 DIRECTING the Clerk of the Court 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 $801,526.41 as payment of the statement attached to this order. (cc: Financial)(Huang, H)
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Filing
7602
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 8/1/2022 APPROVING Settlement of Plaintiff-in-intervenor Christopher Lipsey's Claim in intervention. (Mena-Sanchez, L)
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Filing
7598
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/2/22 ORDERING that the Special Master's June 28, 2022 Report Regarding the California Department of Corrections and Rehabilitation's Proposal for Assuming the Annual Suicide Monitoring Report 7574 , is adopted in full. (Kaminski, H)
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Filing
7597
STIPULATION and ORDER Approving Settlement of Plaintiff-Intervenor Christopher Lipsey's Claim in Intervention signed by Chief District Judge Kimberly J. Mueller on 8/1/22.(Kaminski, H)
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Filing
7593
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/26/2022 GRANTING 7577 Request to Seal. Clerk shall seal 7577 Notice of Biannual Summary of Compliance Reports. Redacted Version available at 7584 Redacted Notice.(Perdue, C.)
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Filing
7592
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/22/2022 ADOPTING the Special Master's 6/28/2022 recommendations, and ADOPTING in full the California Department of Corrections and Rehabilitation Annual Suicide Report Proposal, subject to the provisional approval process outlined therein. (Yin, K)
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Filing
7587
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/12/22 ORDERING that within 30 days from the date of this order, defendants shall deposit with the Clerk a one hundred and forty-second interim payment of costs in the amount of $3,000,000.00, which amount shall be invested in the interest-bearing account previously opened for this action. (cc: Financial Dept) (Kastilahn, A)
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Filing
7586
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 7/11/2022 ORDERING that $909,373.01 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 6/26/2022 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Zignago, K.)
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Filing
7583
ORDER signed by Magistrate Judge Deborah Barnes on 7/8/2022 ORDERING Matthew A. Lopes, Jr., Esq., Special Master, the amount of $1,029,559.79 as payment of the statement attached to this order. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Zignago, K.)
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Filing
7581
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/5/2022 ADOPTED in FULL 5894 Special Master's 8/30/2018, Monitoring Report on the Mental Health Inpatient Programs For Inmates in the California Department of Corrections and Rehabilitation.(Reader, L)
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Filing
7573
ORDER signed by Magistrate Judge Deborah Barnes on 6/17/2022 AMENDING the statement appended to the 7497 court's 3/15/2022 order, in accordance with this order. (Yin, K)
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Filing
7569
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/13/2022 DIRECTING defendants to deposit the amount of $3,000,000.00 with the Clerk of the Court, which amount shall be invested in the interest-bearing account previously opened for this action. (cc Financial Department) (Coll, A)
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Filing
7566
ORDER signed by Chief District Judge Kimberly J. Mueller on 06/08/2022 ADOPTING 7074 Special Master's 28th Round Monitoring Report, as supplemented by 7251 Addendum. (Rodriguez, E)
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Filing
7554
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 05/17/22 ORDERING that $877,926.19 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 March 17, 2022 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961.(Plummer, M)
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Filing
7547
ORDER signed by Magistrate Judge Deborah Barnes on 5/11/22 ORDERING The Clerk of the Court is directed to pay to Pannone Lopes Devereaux & O'Gara LLCAttn: Matthew A. Lopes, Jr., Esq., Special Master, Northwoods Office Park, Suite 215N, 1301 Atwood Avenue, Johnston, RI 02919, the amount of $1,003,211.69 as payment of the statement attached to this order; and A copy of this order shall be served on the financial department of this court. (cc: Financial)(Plummer, M)
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Filing
7545
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 05/05/2022 EXTENDING the Deadline to meet and confer to 05/23/2022. (Rodriguez, E)
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Filing
7525
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 04/12/2022 STAYING Deadlines for Adjudicating Plaintiff-Intervenor Christopher Lipsey's claim pending settlement. (Rodriguez, E)
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Filing
7521
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 3/30/2022 ORDERING that the requirement for Defendants to file monthly psychiatry vacancy reports that include vacancy rates for Chief Psychiatrists and Senior Psychiatrist Supervisor positions begin with the report due on 4/30/2022. (Huang, H)
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Filing
7515
THIRD JUDGE COURT ORDER signed by Judges Kimberly J. Mueller, Kim McLane Wardlaw and Jon S. Tigar on 3/25/22, GRANTING 7508 defendants' unopposed motion to reduce the frequency of its status reports from monthly to quarterly. (Kastilahn, A)
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Filing
7510
ORDER signed by Magistrate Judge Deborah Barnes on 3/22/2022 ORDERING the Clerk to pay Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $727,738.11 as payment of the statement attached to this order. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Yin, K)
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Filing
7504
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/17/2022 DENYING AS MOOT 7493 Request for leave to file a motion to strike and GRANTING 7118 Motion for Clarification. The 6/13/2002 order as issued at that time applied to all allo cated psychiatrist positions and continues to so apply. Beginning with the next monthly psychiatry vacancy report and going forward, defendants shall include vacancy rates for Chief Psychiatrist and Senior Psychiatrist supervisor positions, as well as vacancy rates for Staff Psychiatrists. (Coll, A) Modified on 3/18/2022 (Coll, A).
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Filing
7503
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 3/16/2022 EXTENDING the deadline to meet and confer to 4/18/2022. (Huang, H)
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Filing
7498
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 03/14/22 ORDERING the Custodian to produce by zoom video conference Christopher Lipsey on 3/22/22 at 9:30 a.m. before Magistrate Judge Kendall J. New man. The custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. The clerk of court shall serve a copy of this order and writ on the Custodian. (cc: I.T. Dept, Sacramento and KJN)(3 certified copies of writ served on the Warden, CSP-Corcoran)(Courtesy copy sent by fax to the CSP-Corcoran, Litigation office at 559-992-7372.)(Plummer, M)
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Filing
7489
STIPULATED PROTECTIVE ORDER re Plaintiff-Intervenor Lipsey's Claim signed by Chief District Judge Kimberly J. Mueller on 03/07/22. (Benson, A.)
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Filing
7478
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 02/24/22 EXTENDING dates as follows: Fact discovery: 04/29/22; disclose experts: 05/24/22; rebuttal experts: 06/21/22; expert discovery completed: 07/15/22; Dispositive and Daubert motions filed by 08/02/22 and shall be noticed for hearing and briefing in accordance with the provisions of Local Rule 230. If necessary, an evidentiary hearing will be set for a date in November 2022. (Benson, A.)
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Filing
7456
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/4/2022 APPROVING the 2021 Program Guide Update; REFERRING the parties' dispute over the 5 policies omitted from the 2021 Program Guide Update to the Special Master for consideration as to whether the substantive provisions of those policies are, or should be, reflected in the list of Continuous Quality Improvement Tool (CQIT) indicators currently under review as part of the 29th Monitoring Round; APPROVING the 2021 Compendium Up date; ORDERING the court gives final approval to Paragraph 15 of the parties' stipulation regarding the use of Therapeutic Treatment Modules (TTMs) in inpatient settings, see Stipulation and Order, ECF No. 7392, at 6, and the parties' agree ment over the use of TTMs in inpatient settings, which the court otherwise previously approved on December 9, 2021, ECF No. 7392, with the provisions regarding TTMS referred to the Special Master for consideration as to whether they are, or should be , reflected in the list of CQIT indicators currently under review during the 29th Monitoring Round; ORDERING the court will give final approval to a list of CQIT indicators by the end of this year following submission of the Special Master's 29t h Monitoring Round Report; ORDERING the court anticipates that final approval of a list of CQIT indicators will replace the need for annual updates to the Program Guide and the Compendium and, therefore, the parties' obligation to file further annual updates to the Program Guide and the Compendium is discontinued unless or until further order of the court; and DENYING 7411 Motion and 7412 Motion, that are mooted by this order. (Henshaw, R)
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Filing
7450
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/1/22: The Court, having considered the parties' stipulation, hereby permits the parties to order copies of the transcript of the January 28, 2022 in camera status conference. The parties shall maintain the confidentiality of the transcript until further order of the court. (Kaminski, H)
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Filing
7447
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/31/22 GRANTING 7440 Request for appointment of additional staff. The Special Master is authorized to appoint Marcus R. Patterson, Psy.D. and Mario R. McClain, Jr. to perform the duties set forth in the Special Master's Request for theAppointment of Additional Staff and the accompanying memorandum, filed January 31, 2022, and to be compensated at the rates set forth in this order. (Plummer, M)
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Filing
7438
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/26/2022 ORDERING that The requirement for defendants to file monthly Facility Maps reports is DISCONTINUED; and The requirement for defendants to file monthly reports on the status of the funding process for construction of mental health crisis beds is DISCONTINUED. (Mena-Sanchez, L)
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Filing
7433
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 01/25/22 ORDERING that the parties are permitted to order and receive copies of the transcript of the 01/21/22 in camera status conference. The Court Reporter and the Clerk are directed to ensure that the copy of the transcript on the court's docket is sealed. The parties are ordered to maintain the confidentiality of the transcript unless or until the court orders otherwise. (Benson, A.)
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Filing
7426
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/19/2022 CONFIRMING the requirement for defendants to file monthly psychiatric vacancy reports on the last day of each month; SUSPENDING the requirement for filing monthly a joint report a ddressing COVID-19 departures from the Program Guides pending discussion at the 2/11/2022 status conference and further order of the court; CONFIRMING the requirement for defendants to file monthly census, waitlist and transfer reports for inpatient care on the 15th of each month; DISCONTINUING the requirement for defendants to file monthly compliance reports for transfers out of desert institutions on the 15th of the month; DISCONTINUING the requirement for defendants to file monthly inpatient bed utilization reports; CONFIRMING the requirement for defendants to file monthly updated suicide prevention activation schedules on the last day of each month; and CONTINUING the 1/15/2022 deadline for defendants to file facility maps to 1/31/2022. (Coll, A)
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Filing
7418
ORDER re REPORTING REQUIREMENTS signed by Chief District Judge Kimberly J. Mueller on 1/11/2022 DIRECTING the parties to file and serve responses to this order within 14 days. If the parties agree regarding their respective responses, they may file a joint response. (Coll, A)
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Filing
7410
ORDER signed by Chief District Judge Kimberly J. Mueller on 01/03/22 GRANTING 7391 Request for appointment of additional staff; The Special Master is authorized to appoint Brett L. Johnson, M.D., Alberto F. Caton, and Michael A. Milas, Esq. to be compensated at the rates set forth in this order. (Benson, A.)
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Filing
7403
ORDER signed by Magistrate Judge Deborah Barnes on 12/21/21 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 $564,394.66 as payment of the statement attached to this order; and a copy of this order shall be served on the financial department of this court. (cc: Financial)(Plummer, M)
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Filing
7393
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 12/09/21 EXTENDING dates as follows: Fact discovery: 02/28/22; disclose experts: 03/25/22; rebuttal experts: 04/22/22; expert discovery completed: 05/13/22; Dispositive and Daubert motions filed by 06/03/22 and shall be noticed for hearing and briefing in accordance with the provisions of Local Rule 230. If necessary, an evidentiary hearing will be set for a date in September 2022. (Benson, A.)
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Filing
7387
ORDER signed by Magistrate Judge Deborah Barnes on 12/3/2021 ORDERING Clerk 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 $769,037.64 as payment of the statement attached to this order. (cc: Financial Department) (Henshaw, R)
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Filing
7379
ORDER signed by Magistrate Judge Deborah Barnes on 11/17/21 ORDERING The Clerk of the Court is directed to pay to Pannone Lopes Devereaux & O'Gara LLCAttn: Matthew A. Lopes, Jr., Esq., Special Master, Northwoods Office Park, Suite 215N, 1301 Atwood Avenue, Johnston, RI 02919 the amount of $768,694.16 as payment of the statement attached to this order; and A copy of this order shall be served on the financial department of this court. (cc: Financial)(Plummer, M)
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Filing
7368
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/5/2021 DIRECTING the parties to SHOW CAUSE in writing why the court should not enter an order: (1) approving Section I of 7366 Stipulation, entitled Defendants' Plan; (2) modifyin g Section II of 7366 Stipulation, entitled Enforcement, to set a deadline of 1 year from court approval of Defendants' Plan for resolution of any and all issues "related to enforcement or interpretation of the commitments" set out in the stipulation as approved by the court, and, so modified, approving Section II; and (3) declining to approve Section III of 7366 Stipulation. It is hereby ORDERED that within 14 days the parties shall file the responses, which may be in the form of a joint statement if the parties wish to respond in that manner. (Huang, H)
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Filing
7355
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 10/18/2021 and agreed between the parties that $1,037,436.97 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 9/16/2021 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Yin, K)
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Filing
7344
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 10/13/2021 EXTENDING the deadlines in 7191 Order as follows: Fact Discovery shall be completed by 12/16/2021, Expert Disclosure due by 1/14/2022, Rebuttal Expert Disclosur e due by 1/28/2022, All Expert Discovery shall be completed by 2/11/2022, Dispositive and Daubert motions shall be filed by 3/4/2022 and shall be noticed for hearing and briefing in accordance with the provisions of Local Rule 230. If necessary, an evidentiary hearing will be set for a date in June or July 2022. (Huang, H)
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Filing
7324
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 9/22/2021 EXTENDING the date for first Annual Update to the Program Guide and Compendium to be filed by 9/29/2021. (Huang, H)
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Filing
7323
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/21/2021 DENYING 7290 Motion for Reconsideration without prejudice and DIRECTING defendants to be prepared to clarify the status of the tasks described in the order at the 10/1/2021 status conference. (Coll, A)
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Filing
7308
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/13/21 ORDERING that within 30 days from the date of this order, defendants shall deposit with the Clerk a one hundred and thirty-ninth interim payment of costs in the amount of $3,000,000.00, which amount shall be invested in the interest-bearing account previously opened for this action. (cc Financial Dept) (Kastilahn, A)
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Filing
7305
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/10/2021 ORDERING that defendants shall, as soon as practicable, in accordance with this order, and under the guidance and supervision of the Special Master who shall have final authority over the scope of and methodology for the study, undertake an assessment of whether there is unmet need for inpatient care, including acute care, intermediate care, and mental health crisis bed care, among members of the plaintiff class. Defendants shall report to the court on the outcome of that assessment within 30 days after its completion. (Huang, H)
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Filing
7303
ORDER signed by Magistrate Judge Deborah Barnes on 9/9/2021 GRANTING IN PART AND DENYING IN PART 7254 Motion to Compel as follows: 1. Within 30 days of the filed date of this order, Secretary Allison shall provide Plaintiff Lipsey with documents responsive to Document Production Request Nos. 35 and 42; 2. Also within 30 days, Secretary Allison shall provide Plaintiff Lipsey with thefollowing documents responsive to Document Production Requests Nos. 48, 49, 50, and 51: a. all documents with i nformation on the number of suicides and attempted suicides during the time Guard One was used in security housing units; and b. all documents with information on the number of suicides and attempted suicides of inmates in security housing units who were subject to court-ordered welfare checks in security housing units prior to the implementation of Guard One; DENYING Plaintiff Lipsey's Motion to Compel further responses to Document Production Request Nos. 36, 43, and 47; and DENYING Plaintiff Lipsey's Motion to Compel responses to Document Production Request Nos. 41 and 56.. (Henshaw, R)
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Filing
7295
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 09/01/21 EXTENDING the date for first Annual Update to the Program Guide and Compendium to be filed by 09/22/21. (Benson, A.)
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Filing
7285
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/25/2021 DIRECTING defendants to work under the guidance of the Special Master to develop preliminary activation schedules for completion of the data remediation currently underway. The preliminary activation schedules shall be filed by 9/29/2021. The court will place data remediation on the agenda for the 10/1/2021 status conference. (Coll, A)
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Filing
7283
ORDER signed by Chief District Judge Kimberly J. Mueller on 08/25/21 ORDERING that defendants are directed to work under the guidance of the Special Master to develop preliminary activation schedules for completion of the data remediation currentl y underway. Defendants shall include with the preliminary activation schedules a review of all contingencies of which they are aware that preclude at this time development of final activation schedules for completion of data remediation. The preliminary activation schedules shall be filed by 09/29/21. The court will place data remediation on the agenda for the 10/01/21 status conference. (Benson, A.)
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Filing
7246
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/26/2021 re follow-up to 7/20/2021 Conference. A settlement conference will be set concerning the dispute between the parties regarding the Therapeutic Treatment Modules. The settlement wi ll be held over one half day and will be conducted in time for the parties to know by the 10/1/2021 Status Conference. In January 2022, a settlement conference will be held on four topics related to suicide prevention. The court anticipates setting a settlement conference for Cultural Collaboration in March 2022. Parties shall include in the 9/17/2021 Joint Statement a complete explanation of their positions. At the 10/1/2021 Status Conference, the parties will discuss a schedule for additional settlement conferences. The Special Master will attend each settlement conference. (Huang, H) Modified on 7/26/2021 (Huang, H).
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Filing
7244
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 7/20/2021 GRANTING 7242 Stipulation. All motions shall be filed and noticed for hearing on this court's regular law and motion calendar in accordance with Local Rule 230 (E.D.Cal.). The motions shall be noticed for hearing so that all fact discovery will be completed by 10/29/2021. (Tupolo, A)
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Filing
7240
ORDER signed by Chief District Judge Kimberly J. Mueller on 07/19/2021. The court grants the parties' stipulation to excuse Steve Fama and Donald Specter from the July 20, 2021 Midlitigation Status Conference [ECF 7230]. (Andrews, P)
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Filing
7229
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/13/2021 ORDERING Within 14 days from the date of this order the Special Master shall file an addendum to the Twenty-Eighth Round Monitoring Report 7074 . Except as noted herein, defendants' 7082 objections to the Twenty-Eighth Round Monitoring Report are OVERRULED.(Reader, L)
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Filing
7224
ORDER signed by Magistrate Judge Deborah Barnes on 7/9/2021 ORDERING that $949,981.65 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 6/19/2021, accruing at the rate provided by 28 U.S.C. § 1961. (Henshaw, R)
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Filing
7222
ORDER signed by Magistrate Judge Deborah Barnes on 7/7/2021 ORDERING the Clerk 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 $793,931.13 as payment of the statement attached to this order. (cc: Financial Department) (Henshaw, R)
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Filing
7216
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/30/2021 ORDERING that with the exception of Indicator 8 on the list of key indicators for Access to Care, on page 21 of the Report, the Special Master's 5/6/2021 7151 Report on t he Continuous Quality Improvement Tool Key Indicators is ADOPTED. Indicator 8 on the list of key indicators for Access to Care, on page 21 of the Report, is STRICKEN as duplicative. As modified by this order, the list of key indicators at pages 21 through 26 of the Report is provisionally approved. The Special Master shall test and monitor the functionality and efficacy of the indicators on the provisionally approved list during his Twenty-Ninth Monitoring Round and shall report his findings to the court in his Twenty-Ninth Monitoring Round Report. (Zignago, K.)
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Filing
7211
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/22/2021 CONSTRUING 7208 Request to be excused as a request to reset the date for the In Camera Conference. So construed, the granting of the request is conditioned upon defendants&# 039; identifying a new date and time for the In Camera Conference between 7/6/2021 and 8/3/2021 that is available to the court, the court's Special Master, and all other individuals on the list emailed to counsel on 6/17/2021. Defendants are GRANTED until 6/30/2021 to file and serve the request to reset the In Camera Status conference with new proposed date and time as authorized by this order. (Tupolo, A)
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Filing
7191
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/2/2021 GRANTING 7146 Plaintiff-Intervenor Lipsey's Motion for leave to conduct discovery. Fact Discovery by 10/29/2021. See 7130 Joint Statement. The parties shall disclose expert s by 11/19/2021, and shall disclose rebuttal experts by 12/3/2021. All expert discovery shall be completed by 12/17/2021. Dispositive and Daubert Motions filed and served by 1/7/2022. If necessary, an evidentiary hearing will be set for a date in May 2022 by subsequent order of the court.(Reader, L) Modified on 6/3/2021 (Reader, L).
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Filing
7187
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/26/2021 ORDERING that the 1/29/2021 bench order is hereby modified to require defendants to notify the Special Master immediately whenever a determination is made that a project will be delayed and, not later than ten days after notice is provided to the Special Master, to file an activation schedule updated to reflect the new projected completion date.(Becknal, R)
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Filing
7178
ORDER signed by Magistrate Judge Deborah Barnes on 5/17/2021 ORDERING the Clerk 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 $728,182.38 as payment of the statement attached to this order. (cc: Financial Department) (Henshaw, R)
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Filing
7159
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 5/12/21 ORDERING that on or before 6/14/21, Defendants shall file a report on lessons learned from management of mental health care during the COVID-19 pandemic. Plaintiffs' response to the report on lessons learned shall be filed within 35 days after Defendants' report is filed. (Kastilahn, A)
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Filing
7140
ORDER signed by Magistrate Judge Deborah Barnes on 4/29/2021 ORDERING the Clerk 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 $798,898.71 as payment of the statement attached to this order. (cc: Financial Department) (Henshaw, R)
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Filing
7134
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/21/2021 GRANTING 7131 Motion for Leave. Lipsey's motion for leave to conduct discovery shall be filed, briefed, and heard on the schedule proposed by the parties in their 7130 Joint Statement. (Tupolo, A)
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Filing
7113
AMENDED ORDER amending 7100 Order signed by Chief District Judge Kimberly J. Mueller on 3/29/2021 ORDERING within thirty days, defendants shall deposit with the Clerk a one hundred and thirty-eighth interim payment of costs in the amount of $3,000,000.00, 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.)
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Filing
7108
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/25/21 ORDERING that Defendants' proposed Staffing Plan for inpatient care at Department of State Hospitals is provisionally approved subject to monitoring by the Special Master for one year. The Special Master shall include in his Twenty-Ninth Round Monitoring Report a report and recommendations concerning final approval of the plan. Objections, if any, to the report and recommendations shall be made in accordance with the procedures set out in the Order of Reference, ECF No. 640, for objecting to reports and recommendations from the Special Master. (Kaminski, H)
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Filing
7100
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/22/2021 ORDERING within 30 from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and thirty-seventh interim payment of costs in the amount of $3,000,000.00, which amount shall be invested in the interest-bearing account previously opened for this action. (cc Financial Dept.) (Tupolo, A)
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Filing
7097
ORDER signed by Magistrate Judge Deborah Barnes on 3/22/2021 ORDERING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $673,756.96 as payment of the statement attached to this order. The Clerk shall serve a copy of this order on the financial department of this court. (cc: Financial) (Yin, K)
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Filing
7090
ORDER signed by Magistrate Judge Deborah Barnes on 3/18/2021 ORDERING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $640,354.35 as payment of the statement attached to this order. The Clerk shall serve a copy of this order on the financial department of this court. (cc: Financial) (Yin, K)
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Filing
7075
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/8/21 GRANTING 7072 plaintiffs' motion to clarify; the motion shall be noticed for hearing on this court's regular law and motion calendar and briefed in accordance with the provisions of Local Rule 230 (E.D. Cal.) (Kastilahn, A)
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Filing
7066
ORDER signed by Magistrate Judge Deborah Barnes on 2/19/2021 ORDERING, within 60 days, defendants shall provide Ms. Falkenstien with a check in the amount of $11,577.30 for her work reasonably necessary to litigate plaintiff's motion to compel. (Yin, K)
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Filing
7064
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/18/2021 SETTING the matter for further videoconference on 3/25/2021 at 10:00 AM. The videoconference will be focused on the matters discussed within this order. (Huang, H)
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Filing
7035
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/26/2021 ORDERING that [6978-1] Proposed Revisions to the 2009 Staffing Plan are APPROVED and may be implemented forthwith, and that [6978-1] Proposed Policy for use of psychiatric nurse practitioners in their mental health care delivery system is APPROVED and shall be implemented forthwith. (Huang, H)
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Filing
7034
ORDER signed by Magistrate Judge Deborah Barnes on 1/25/2021 DIRECTING the Clerk to pay Matthew A. Lopes, Jr., Esq., Special Master, the amount of $779,464.55 as payment of the statement attached to this order. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Yin, K)
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Filing
7026
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 1/19/2021 and agreed between the parties that $950,906.72 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 12/13/2020 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Yin, K)
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Filing
7004
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/23/2020. The court confirms bench orders made at hearing on December 18, 2020, relative to suicide prevention efforts and issues an order in aid of those efforts. A further videoconference is set for January 29, 2021 at 10:00 a.m.(Andrews, P)
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Filing
6996
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/16/20 ORDERING that within three months from the date of this order, defendants shall, under the supervision of the Special Master who may seek input from plaintiffs as appropriat e, update the key indicators in the Continuous Quality Improvement Tool (CQIT) to reflect any changes required by the 2018 Update to the Program Guide and the Compendium of Custody Related Remedial Measures. Defendants shall file the updated list of key indicators within three months from the date of this order. (Kaminski, H)
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Filing
6983
ORDER signed by Magistrate Judge Deborah Barnes on 12/14/2020 ORDERING Clerk 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 $671,053.71 as payment of the statement attached to this order. (cc: Financial Department) (Henshaw, R)
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Filing
6979
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/11/2020: The fourth and final quarterly status conference of 2020 is set for videoconference on 12/18/2020 at 10:00 a.m. After review of the record, and good cause appearing, the court now sets the agenda as indicated in the instant order. (Donati, J)
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Filing
6977
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/9/2020 ORDERING that within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and thirty-seventh interim payment of costs in the amount of $3,000,000.00, 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) (Tupolo, A)
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Filing
6973
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/2/2020 ADOPTING 6879 Special Master's Report in full; AMENDING 5271 Order to specifically include that the findings in 5259 Audit Report are adopted in full; DIRECTING the par ties to file their Joint Statement required by Section V of this order by 12/11/2020 at 5:00 p.m.; and DIRECTING defendants to file a list of the persons most knowledgeable of the steps required to complete implementation of all 29 recommendations previously adopted by the court and to ensure that implementation is durable by 12/11/2020 at 5:00 p.m. (Coll, A)
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Filing
6968
ORDER signed by Magistrate Judge Deborah Barnes on 11/25/2020 ORDERING the Clerk 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 $811,426.89 as payment of the statement attached to this order. (cc: Financial Department) (Henshaw, R)
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Filing
6942
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/5/20 GRANTING 6940 Request for an extension of time to November 6, 2020 to complete the filing of the supporting exhibits re 6939 Response. (Kaminski, H)
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Filing
6938
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/3/2020 ORDERING that Defendants shall make such minimal modifications to the Staffing Plan as are required to include a role for psychiatric nurse practitioners (PNPs) and to reflect the proposals made in the 9/8/2020 letter authored by Melissa Bentz, Esq. Defendants also shall consult with the Special Master and the Task Force as appropriate to ensure that their proposed modifications are the product of consensus of all stakehold ers to the maximum extent possible, and they shall file their proposed revised Staffing Plan by 12/11/2020; Defendants shall file a proposed policy for the use of PNPs in the delivery of mental health care to class members, finalized in consultat ion with the Special Master and the Task Force as appropriate. They shall file this proposed policy on or before 12/11/2020; The Special Master shall report to court informally and orally on defendants' progress to finalize the proposed revised Staffing Plan and proposed PNP policy as required by this order so the court may, if necessary, by 12/3/2020 direct the Special Master to file by 12/11/2020 a proposed revised Staffing Plan and/or proposed PNP policy for the courts conside ration subject to the parties' formal comments and objections; Any response to the proposed revised Staffing Plan and the proposed policy for use of PNPs presented to the court shall be filed on or before 12/15/2020; The proposed revised Staffing Plan and the proposed PNP policy required by this order will be included on the agenda for discussion at the fourth quarterly status conference set for 12/18/2020. California Department of Corrections and Rehabilitation Secretary Kathleen Allison shall appear in person at the fourth quarterly status conference set for 12/18/2020, to discuss the proposed revised Staffing Plan with the court. (Becknal, R)
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Filing
6934
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/02/2020 DIRECTING the parties to file closing briefs by 11/13/2020 with defendants rebuttal closing brief due by 11/18/2020 and plaintiff's response to defendants' objections to plaintiffs' exhibit list due by 11/4/2020. (Coll, A)
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Filing
6927
ORDER signed by Magistrate Judge Deborah Barnes on 10/28/2020 ORDERING the Clerk shall pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $864,014.22 as payment of the statement attached to this order. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Yin, K)
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Filing
6917
THIRD STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 10/19/2020 EXTENDING 5605 Order Waiving State Law regarding L-Wing at California Medical Facility. (Huang, H)
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Filing
6903
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/13/2020 ADVANCING the Evidentiary Hearing set for 10/23/2020 to 09:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. All exhibits to be offered at hearing shall be exchanged by noon on 10/16/2020. The parties will each be permitted to make an opening statement not to exceed 5 minutes. Each side is granted a total of 3 hours for direct and cross-examination of witnesses, with redirect and recross examination permitted in the courts discretion. The parties will each be permitted to make a closing statement not to exceed 20 minutes. (Coll, A)
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Filing
6899
ORDER signed by Magistrate Judge Deborah Barnes on 10/6/2020 ORDERING Clerk of Court to pay 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 $812,541.98 as payment of the statement attached to this order. (cc: Financial Department) (Henshaw, R)
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Filing
6886
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/25/2020 DIRECTING the Defendants to file a report on staffing capacity within 7 days from the date of this order. Following the filing of the 6th Joint Updates, further updates shall be fi led every 4 weeks. The 10/23/2020 Evidentiary Hearing is CONFIRMED. Paragraph 3 of 6807 Order is MODIFIED to require the parties to file, on or before 10/9/2020, a joint statement identifying witnesses and documentary evidence to be offered at hearing. (Donati, J)
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Filing
6874
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/21/2020 DENYING 6833 Expedited Motion for Extension of Time to Implement Telepsychiatry Policy. The eighteen-month period for monitoring the provisionally approvedtelepsychiatry policy shall start on 10/1/2020. (Zignago, K.)
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Filing
6851
ORDER signed by Magistrate Judge Deborah Barnes on 9/14/2020 ORDERING the Clerk shall pay to Pannone Lopes Devereaux & OGara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, the amount of $881,201.52 as payment of the statement attached to this order; a copy of this order shall be served on the financial department of this court. (cc: Financial) (Yin, K)
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Filing
6846
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/2/20 ORDERING that the parties shall file the briefs directed by this order within sixty days. The fourth quarterly status conference for 2020 is set for videoconference on Friday, December 18, 2020 at 10:00 a.m. (Kaminski, H)
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Filing
6838
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/25/2020 DENYING Defendants' 6830 Motion to Continue. The date for filing briefs required by the Court's 6794 Order, is CONTINUED to 9/14/2020, at 5:00 PM. The videoconference hearing is CONTINUED to 9/24/2020, at 09:00 AM. The third quarterly status conference is SET for 9/24/2020, immediately following the hearing continued by this order. (York, M)
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Filing
6827
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 8/18/2020 GRANTING request for an additional three days to complete the joint report. Joint report is now due 8/21/2020. (Zignago, K.)
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Filing
6807
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/3/2020 GRANTING 6797 Motion to continue the evidentiary hearing. The Evidentiary Hearing is CONTINUED from 8/7/2020 to 10/23/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. On or before 10/9/2020, the parties shall file a joint statement setting forth their respective positions regarding whether the hearing should proceed. (Mena-Sanchez, L)
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Filing
6799
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/30/2020 GRANTING 6749 Request to file Response, GRANTING plaintiff until 8/15/2020 to file responses to 6744 Objections. Defendants' objection to the COVID-19 Considerations added to the EmployStats' Report after defendants responded to the draft report and any response by plaintiffs will be considered in connection with enforcement proceedings on the 10/10/2017 order, now set for 9/10/2020. (Coll, A)
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Filing
6794
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/30/2020 ORDERING Within thirty days from the date of this order the parties shall file briefs. This matter is set for videoconference hearing on 9/10/2020 at 10:00 AM before Chief District Judge Kimberly J. Mueller.(Reader, L)
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Filing
6791
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/28/2020 DIRECTING defendants to continue to comply with the requirements of the ProgramGuide to the full extent possible consistent with public health best practices for members of the Col eman class in the circumstances of the COVID-19pandemic; DIRECTING defendants to work with the Special Master throughout the process of the quarantine bed identification and implementation required by the 7/22/2020 Order of the Plata court; and DIRE CTING to file, by noon 7/31/2020, the following information: (1) Using the most recent monthly maps filed under seal, ECF No. 6777, specific identification of the location of any unit or units at each prison proposed to be vacated to comply with the Plata court quarantine space order; (2) Whether any Coleman class members reside in any units proposed to be vacated and, if so, how many reside in each unit and what is their mental health classification level; and (3) If there are Coleman class me mbers who defendants propose to move, where do defendants propose to move them and what level of mental health care will they receive in their proposed new location. By noon, 8/7/2020, Defendants shall file the information required by paragraph 3 of this order for any additional designations they have made. (Coll, A)
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Filing
6789
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 7/25/2020 APPROVING Extension of the Implementation Period for the CDCR's Telepsychiatry Policy. (Huang, H)
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Filing
6784
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/22/2020 ORDERING that, within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a 136th interim payment of costs in the amount of $3,000,000.00, which shall be invested in the interest-bearing account previously opened for this action. (cc: Financial Department) (Huang, H)
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Filing
6782
ORDER signed by Magistrate Judge Deborah Barnes on 7/20/20 ORDERING the Clerk to pay to Matthew A. Lopes, Jr., Esq., Special Master the amount of $917,369.73 as payment of the attached statement; and a copy of this order shall be served on the financial department. (cc: Financial) (Yin, K)
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Filing
6773
ORDER signed by Magistrate Judge Deborah Barnes on 7/16/2020 GRANTING 6754 Motion to Seal; ORDERING Exhibit L to the declaration of Kate Falkenstien attached to the parties' Joint Discovery Dispute Statement (ECF No. 6746-13) to be stricke n from the public record; and ORDERING Clerk to filed under seal: (a) Lipsey's 7/9/2020 motion to seal and (b) Exhibit L to the declaration of Kate Falkenstein attached to the parties' Joint Discovery Dispute Statement (ECF No. 6746-13). (Henshaw, R)
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Filing
6756
ORDER signed by Magistrate Judge Deborah Barnes on 7/13/2020 ORDERING Lipsey's 6691 motion to compel is GRANTED. Within 10 days, defendants shall file a declaration from the official (or officials) at each of the four prisons at issue PB SP, CCI, CSP-Sac, and CSP-Corcoran who has the most knowledge about the maintenance and storage of prisoner grievances and the search that was conducted to provide documents responsive to Lipsey's discovery. Mr. Lipsey's 6691 motion fo r sanctions is GRANTED in the amount of the reasonable attorneys' fees incurred to bring this motion. Within ten days, Lipsey shall file a statement of the attorneys' fees incurred, including the bases for that calculation. Within ten days thereafter, defendants may file a response. (See Order for Details). (Yin, K)
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Filing
6750
ORDER signed by Chief District Judge Kimberly J. Mueller on 07/02/2020. On or before July 15, 2020, the parties are directed to file briefing addressing the court's questions. (Andrews, P)
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Filing
6738
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 6/25/2020 ORDERING that $968,100.89 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 6/5/2020 (31 days after Defendant's receipt of Plaintiff's statement), accruing at the rate provided by 28 U.S.C. § 1961. (Henshaw, R)
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Filing
6734
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 6/23/2020 RESETTING the Evidentiary Hearing to 8/7/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Kastilahn, A)
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Filing
6730
ORDER signed by Chief District Judge Kimberly J. Mueller on 06/17/2020. IT IS HEREBY ORDERED that: the evidentiary hearing set for June 25, 2020 is CONTINUED to June 30, 2020 at 10:00 a.m.; defendants shall provide plaintiffs with supplemental discov ery responses on or before June 22, 2020 at 5:00 p.m.; on or before 5:00 p.m. on June 22, 2020, defendants shall file a brief statement of the issues they intend to prove at hearing; and on or before midnight on June 24, 2020, the parties shall exchange all documents to be offered into evidence at hearing.(Andrews, P)
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Filing
6707
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/9/2020 SETTING the next Status Conference for 6/12/2020 at 10:00 AM to be conducted by Zoom video conference and DIRECTING the parties to include the following additional information in th eir updated maps and information filed on the 15th of every month per 6681 Order beginning on 6/15/2020: Defendants shall include the location of all TMHUs that remain active or are only temporarily deactivated, and they shall also include for one month past permanent deactivation the location of any TMHU that has been permanently deactivated and, as available, the type of space to which that space has been returned or transitioned and going forward, defendants shall include on the monthly ma p updates the location of all "unused space" as that term is used in 6688 Notice that has been converted to alternative housing for class members and a description of the nature of that space before its conversion as well as the location of similar "unused space" at all prison locations that has not yet been converted to alternative housing. (Coll, A)
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Filing
6704
ORDER signed by Magistrate Judge Deborah Barnes on 6/5/2020 DIRECTING the clerk to pay to Pannone Lopes Devereaux & O'Gara LLC the amount of $894,277.10 as partial payment of the statement attached to this order and to pay the balance of $4,777.45 on that statement upon receipt of defendants' next deposit of funds. (cc Financial Department) (Coll, A)
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Filing
6700
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/2/20 ORDERING that the parties are granted fourteen days in which to file and serve the briefs invited by this order. (Kaminski, H)
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Filing
6683
ORDER signed by Magistrate Judge Deborah Barnes on 5/22/2020 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 $962,692.23 as payment of the statement attached to this order. (cc: Financial Department) (Henshaw, R)
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Filing
6681
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/21/2020 ORDERING that on or before 5/27/2020, the parties shall meet and confer and file a stipulated request concerning the filing of the maps and other documents submitted in camera on 5/15/2020, specifically, whether some or all of the documents should be filed under seal. The maps and other documents submitted in camera on 5/15/2020, are referred to the Special Master's Workgroup for further refinements. Any disputes over the refinements shall be raised with the court at the status conference set for 5/29/2020. Updated maps and accompanying information shall be filed with the court on the 15th of every month, beginning on 6/15/2020. Further status conferences for COVID-19 updates as relevant to this case are set for now as follows: 5/29/2020 at 10:00 a.m.; 6/12/2020 at 10:00 a.m.; and 6/26/2020 at 1:30 p.m.. (Kastilahn, A)
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Filing
6678
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 5/18/2020, nunc pro tunc to 2/18/2020, APPROVING Plan to Report on Class Members Transferred Out of Desert Institutions. (Huang, H)
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Filing
6677
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 5/18/20 GRANTING the parties an extension until May 20, 2020 to file the stipulation identifying Program Guide departures. (Kaminski, H)
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Filing
6660
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/7/2020 GRANTING IN PART AND DENYING IN PART Defendants' 4/15/2020 ECF No. 6612 Motion for Reconsideration; and CONFIRMING the evidentiary hearing set for 5/19/2020 at 10:00 a.m. in accordance with the provisions of this order.(Becknal, R)
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Filing
6652
ORDER signed by Chief District Judge Kimberly J. Mueller on 05/01/2020. The Court GRANTS the parties' request for an extension of time. [ECF No. 6650] The parties' stipulated response to the Court's April 17, 2020 Order, ECF No. 6622 at 2-3, shall be filed no later than May 15, 2020. (Andrews, P)
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Filing
6647
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/29/2020 ORDERING that upon a review of the record as relevant here, and good cause appearing, the court sets the agenda, as detailed in this order, for the May 1, 2020 further status conference. (Kastilahn, A)
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Filing
6646
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/28/20 GRANTING 6604 Motion for appointment of additional staff. The Special Master is authorized to appoint Daniel F. Potter, Ph.D. to perform the duties set forth in the Special Master's Request for the Appointment of Additional Staff and the accompanying memorandum, filed April 13, 2020, and to be compensated at the rates set forth in this order. (Kaminski, H)
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Filing
6643
ORDER signed by Chief District Judge Kimberly J. Mueller on 04/27/2020. Any motion concerning the initial crisis management phase of planning for the impact of the COVID-19 on defendants' obligations to class members in this action shall be fil ed within the next thirty days; and the next status conference to review defendants' response to the coronavirus pandemic and the effects on the Coleman class is set for Friday, May 1, 2020 at 10:00 a.m. Thereafter, the court will hold regular telephonic status conferences every three weeks on Friday mornings at 10:00 a.m. until further order of the court.(Andrews, P)
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Filing
6639
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/24/2020 TEMPORARILY MODIFYING Program Guide requirements for transfer of class members to DSH inpatient hospital beds to include COVID-19 screening. In all other respects, the Program Guid e Requirements remain in full force and effect. Defendants shall cooperate fully in the Special Master's monitoring of transfers until 5/19/2020. Evidentiary Hearing set for 5/19/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller is CONFIRMED. (Donati, J)
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Filing
6622
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/17/20 ORDERING: Plaintiffs shall file a response to Defendants' 4/16/20 strategic plan not later than 5:00 p.m. on 4/20/20; Plaintiffs shall provide the courtroom deputy the discover y requests, responses, and objections to the dispute by 4/20/20, and the court will set the matter, as necessary, for telephonic hearing; the evidentiary hearing set for 4/21/20 is CONTINUED to 5/19/20 at 10:00 a.m.; and this matter is maintained for further status conference on Friday, May 1, 2020, at 10:00 a.m.(Andrews, P)
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Filing
6606
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 4/14/20 ORDERING that state licensing requirements shall be waived with respect to the 70 temporary Intermediate Care Facility beds and two observation and restraint rooms in the L-Wing, L-1, at California Medical Facility. The waiver is extended six months to October 15, 2020. Defendants shall provide the Special Master and Plaintiffs a proposed plan to address the issues that interfere with CDCR's ability to consistently provide all patients in L-1 twelve hours of out of cell time each day. Within five months from the date of this order, the parties shall revisit the need for a further extension of the waiver. (Kaminski, H)
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Filing
6600
ORDER signed by Chief District Judge Kimberly J. Mueller on 04/10/2020. Defendants shall file the strategic plan not later than April 16, 2020. Plaintiffs are authorized to conduct limited expedited discovery, with discovery completed by 5:00 p.m. o n April 17, 2020. Further status conference is set for April 17, 2020 at 11:00 a.m. Evidentiary hearing set for April 21, 2020 at 10:00 a.m. The court will take testimony from Dr. Warburton, Dr. Bick, and an expert to be designated by plaintiffs no t later than April 15, 2020 at 5:00 p.m. Counsel are directed to contact Casey Schultz, Courtroom Deputy, on April 20, 2020 for information concerning arrangements for the evidentiary hearing. The hearing set for April 23, 2020 is vacated pending further order of court. (Andrews, P)
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Filing
6583
ORDER signed by Magistrate Judge Deborah Barnes on 4/8/2020 ORDERING Clerk 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 t he amount of $500,000.00 as partial payment of the statement attached to this order and ORDERING the Clerk to pay balance of $176,038.81 on that statement upon receipt of defendants next deposit of funds. (cc: Financial Department) (Henshaw, R)
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Filing
6582
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/7/2020 ORDERING 6455 that within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and thirty-fourth interim payment of costs in the amount of $2,000,000.00, 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: CFS) (Reader, L)
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Filing
6580
ORDER signed by Chief District Judge Kimberly J. Mueller on 04/06/2020. The parties shall file briefing by noon on 4/8/2020 addressing the court's concerns. Defendant shall provide the Special Master and Plaintiff with expedited discovery by 4/7/2020, 5:00 p.m. The parties shall file a joint report with the court no later than noon on 4/9/2020. (Andrews, P)
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Filing
6574
THREE-JUDGE COURT 04/04/2020 ORDER DENYING 6522 PLAINTIFFS' EMERGENCY MOTION TO MODIFY POPULATION REDUCTION ORDER by Judges Kim McLane Wardlaw, Kimberly J. Mueller, and Jon S. Tigar, with concurrence by Judge Mueller. (Andrews, P)
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Filing
6573
STIPULATED PROTECTIVE ORDER signed by Chief District Judge Kimberly J. Mueller on 4/3/2020 regarding Disclosure of Defendants' Employees' Personnel Information. (Donati, J)
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Filing
6564
THREE-JUDGE COURT ORDER signed by District Judge Jon S. Tigar on 04/01/2020 DENYING Motion to Intervene [ECF No. 6542]. (Andrews, P)
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Filing
6556
THREE-JUDGE COURT ORDER signed by District Judge Jon S. Tigar on 03/31/2020 re: Additional Briefing and Allocating Argument Time. Plaintiffs' Reply Brief of no more than 10 pages is due by 4/1/2020, at 3:00 p.m. Responses to 6542 Motion to Intervene due by 4/1/2020 at 12:00 noon. Plaintiffs 6522 Emergency Motion to Modify Population Reduction Order will be held telephonically on 4/2/2020 at 1:15 p.m. Plaintiffs and Defendants will receive 30 minutes per side for argument. (Donati, J)
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Filing
6544
THREE JUDGE COURT ORDER signed by District Jon S. Tigar on 03/27/2020. The Court issues this reminder that all documents filed before the Three Judge Court must be filed on both the individual Plata and Coleman dockets. The filer of Plata ECF No. 3224 shall immediately file his motion on the Coleman docket. (Andrews, P)
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Filing
6533
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/26/2020. Defendants' opposition or statement of non-opposition to Plaintiffs' motion shall be filed no later than March 30, 2020; the Court will conduct a telephonic hearing on April 1, 2020, at 1:15 p.m.; the Clerk is directed to send a copy of this order to counsel for former intervenors in both cases. Any motions to intervene shall be filed no later than March 30, 2020. Potential intervenors' briefs in support o f or in opposition to the motion may not exceed 10 pages. Oppositions to the motions to intervene or to the arguments of potential intervenors may be presented at the hearing; and all briefing deadlines in this order occur at 12:00 noon. (Andrews, P)
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Filing
6521
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/25/20. The parties' stipulation [ECF No. 6519] is GRANTED. The moving and opposition briefs shall not exceed 40 pages each. The reply brief shall not exceed 20 pages.(Andrews, P)
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Filing
6509
ORDER signed by Chief District Judge Kimberly J. Mueller, in light of the coronavirus pandemic, APPROVING telephonic appearances for all parties at the quarterly status conference on 03/20/20 at 10:00 a.m., with the Special Master and certain co urt staff also appearing telephonically. As invited by the court's 6441 01/07/20 Order, the parties have filed 6441 proposed agenda items for the status conference. After review of those items and others previously continued by the court, the court now sets the following agenda (see attached order). (Benson, A.)
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Filing
6500
ORDER signed by Magistrate Judge Deborah Barnes on 3/12/2020 ORDERING the Clerk to pay to Pannone Lopes Devereaux & O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, in the amount of $642,325.64 as payment of the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Yin, K)
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Filing
6496
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/3/2020 GRANTING 6461 Request for Appointment of Additional Staff and AUTHORIZING the special master to appoint appoint Kahlil A. Johnson, M.D.; Sharen E. Barboza, Ph.D., CCHP-MH, CiWPP ; William J. Trezvant, Esq.; Michael F. Ryan, Jr., Esq.; Braxton H. Medlin, J.D.; and paralegal Sofia A. Millham to his staff to perform the duties set forth in the Special Masters Proposal for Additional Staff and the accompanying memorandum, filed 2/12/2020, and to be compensated at the rates set forth in this order. (Coll, A)
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Filing
6487
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/27/2020 GRANTING 6389 Motion to Intervene. (Mena-Sanchez, L)
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Filing
6482
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/24/2020 MODIFYING Protective Orders. (Huang, H)
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Filing
6467
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/14/20 ORDERING that the Draft Proposed Psychiatric Medication Adherence Clarifying Directives appended as Exhibit A to the Joint Stipulation of the Parties filed November 15, 20 19 6393 , is approved for incorporation into the Program Guide, either directly or by reference as an addendum to the Medication Management provisions of the HCDOM referred to in the Program Guide; the court expects this incorporation will take p lace prior to submission of the 2021 Program Guide and that the manner of incorporation will be clear in that document. The Special Master shall supervise full implementation and monitoring of the Psychiatric Medication Adherence Clarifying Directives, consistent with his duties under the Order of Reference 640 . (Kaminski, H)
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Filing
6460
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/10/2020 ORDERING that The Special Master's 12/19/19, 2019 Report and Recommendations, 6432 , are adopted in full. The list styled "Negotiated or Court-Ordered Remedial Measure s Related to Custodial Issues Not Included in the 2018 Program Guide Revision" and attached as Appendix A to the stipulation of the parties filed 12/19/2019, 6431 , is APPROVED and ADOPTED as the complete list of remedies in this action relat ed to custodial measures not already included in the Program Guide. This list shall be updated and filed annually simultaneously with the updated Program Guide, consistent with the process and on the schedule to be proposed by the Special Master on or before 2/14/2020. (Mena-Sanchez, L)
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Filing
6458
ORDER signed by Magistrate Judge Deborah Barnes on 2/05/20 ORDERING The Clerk of the Court is directed to pay to Pannone Lopes Devereaux & OGara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, Northwoods Office Park, Suite 215N1301 Atwood Avenue, Johnston, RI 02919 the amount of $657,943.11 as payment of the statement attached to this order. A copy of this order shall be served on the financial department of this court. (cc: Financial)(Plummer, M)
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Filing
6455
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/4/2020 ORDERING that within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a 133rd interim payment of costs in the amount of $950,000.00 which amount shall be invested in the interest-bearing account previously opened for this action. (cc: Financial Department)(Huang, H)
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Filing
6441
ORDER signed by District Judge Kimberly J. Mueller on 1/7/2020 SETTING the matter for the first quarterly Status Conference of 2020 on 3/23/2020 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The parties may file proposed agenda items by close of business on 3/2/2020 The court will issue a final agenda on or before 3/16/2020. (Mena-Sanchez, L)
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Filing
6435
ORDER signed by District Judge Kimberly J. Mueller on 12/23/2019 ORDERING Defendants to file a list of all steps taken to ensure the Special Master has access to all business rules Defendants are currently using to process mental health data and ge nerate informational reports related to delivery of constitutionally adequate mental health care to member of the Plaintiff class, as detailed in this Order; ORDERING Defendants to promptly take all steps necessary to ensure that the Special Master i s included in all discussions that concern use of the CCHCS Quality Management Section to manage CDCR Mental Health data and to respond promptly to any and all steps the Special Master may require of them during this process; ORDERING defendants to f ile a list setting forth all steps they have taken to provide the Special Master and the plaintiffs access to all mental health care data that affects the care and treatment of members of the plaintiff class, as detailed in this Order, within 14 days from the date of this Order; and ORDERING the Undersecretary Toche to file a statement responsive to this Order within 30 days from the date of this Order. (Henshaw, R)
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Filing
6433
ORDER signed by Magistrate Judge Deborah Barnes on 12/19/2019 ORDERING, pursuant to 6430 Stipulation, $844,635.87 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 12/12/2019 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961. (Henshaw, R)
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Filing
6428
ORDER signed by Magistrate Judge Deborah Barnes on 12/17/2019 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 $600,000.00 as partial payment of the statement attached to this order and ORDERING Clerk of Court to pay balance of $98,363.12 on that statement upon receipt of defendants next deposit of funds. (cc: Financial Department) (Henshaw, R)
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Filing
6427
ORDER signed by District Judge Kimberly J. Mueller on 12/17/2019 ORDERING the staffing remedy in this case calls for defendants' staffing plan in the context of the Program Guide to chart the way forward and be put front and center. Relatedly, Coleman data collection and reporting must be fixed, and it must be fixed to serve the policies and orders in this case, not the other way around. A remedial order will issue in the near future. A hearing will be set if the court needs to hear more from the parties before that order issues. (Reader, L)
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Filing
6404
ORDER signed by Magistrate Judge Deborah Barnes on 12/04/19 ORDERING the Clerk of the Court is directed to pay to Pannone Lopes Deveraux & O'Gara LLC, Attn: Matthew A. Lopes, Jr. Esq., Special Master, Northwoods Office Park, Suite 215N, 1301 At wood Avenue, Johnston, RI 02919 the amount of $450,000.00 as partial payment of the statement attached to this order. The clerk of the court shall pay the balance of $139,944.31 on that statement upon receipt of defendants' next deposit of funds. A copy of this order shall be served on the Financial Department of this court. (cc: Financial) (Plummer, M)
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Filing
6396
ORDER signed by District Judge Kimberly J. Mueller on 11/18/19 DENYING 6390 Motion for Extension pending a full discussion with the parties at thequarterly status conference set for 12/13/19 and DIRECTING defendants to file a separate statement identifying the reporting channels and committee/subcommittee structures relevant to mental health data collection and reporting within 7 days. (Coll, A)
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Filing
6387
STIPULATION and ORDER MODIFYING BRIEFING SCHEDULE signed by District Judge Kimberly J. Mueller on 11/12/19. Opening briefs are due 11/27/2019. Responsive briefs are due 12/9/2019. (Mena-Sanchez, L)
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Filing
6385
ORDER signed by District Judge Kimberly J. Mueller on 11/6/19 ORDERING that within thirty days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and thirty-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. (cc:Financial Department). (Kaminski, H)
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Filing
6382
ORDER signed by Magistrate Judge Deborah Barnes on 11/1/2019 DIRECTING the Clerk of the Court 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 $523,932.73 as payment of the attached statement. (cc: Financial Department.) (Becknal, R)
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Filing
6381
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/1/19 EXTENDING time to file joint report to November 15, 2019. (Kaminski, H)
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Filing
6373
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/30/2019 ORDERING the filing deadline for the Joint Statement Outlining their Joint Proposal for Certification, or Competing Proposal is CONTINUED to 11/5/2019. (Donati, J)
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Filing
6357
ORDER signed by District Judge Kimberly J. Mueller on 10/21/2019 re: Ruling on Objections to Portions of Testimony. (Donati, J)
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Filing
6331
RELATED CASE ORDER signed by District Judge Kimberly J. Mueller on 10/10/19 RELATING this case to case numbers 2:19-cv-1989 TLN CKD PC and 1:18-cv-0080 DAD SAB PC. The related cases are REASSIGNED to District Judge Kimberly J. Mueller and Magistrate Judge Deborah Barnes for all further proceedings; any dates currently set in the related cases are VACATED. (Benson, A.)
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Filing
6315
ORDER signed by District Judge Kimberly J. Mueller on 10/8/19 ORDERING that Appendix A to the Parties' Joint Submission of Custody-Related Remedial Measures is APPROVED and ADOPTED; This matter is referred to the Special Master who shall deter mine whether to convene an additional meeting of the parties to resolve the disputes and/or to file his specific recommendations with the court; and The Special Master and the parties, if the Special Master convenes a meeting of the parties, are granted sixty days to comply with paragraph 2 of this order. (Mena-Sanchez, L)
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Filing
6309
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/3/2019 EXTENDING Time to 10/10/2019, for Defendants to Respond to Paragraph 5 of the Court's 6288 Order. (York, M)
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Filing
6296
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/26/19 APPROVING Desert Institutions Transfer Policy Addendum. (Mena-Sanchez, L)
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Filing
6294
ORDER signed by Magistrate Judge Deborah Barnes on 9/24/2019 ORDERING the Clerk 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 $532,007.79 as payment of the statement attached to this order. (cc: Financial Department) (Henshaw, R)
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Filing
6292
ORDER signed by Magistrate Judge Deborah Barnes on 9/23/2019 ORDERING $826,582.22 plus interest is due and collectable as of forty-five days from the date of entry of this Order upon the stipulation and agreement of the parties. Interest on these fees and costs will run from September 7, 2019 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961. (Henshaw, R)
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Filing
6291
ORDER signed by District Judge Kimberly J. Mueller on 9/20/2019 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 thirtieth 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: CFS) (Reader, L)
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Filing
6288
ORDER signed by District Judge Kimberly J. Mueller on 9/17/19 ORDERING that Evidentiary Hearing is SET for 10/15/2019 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Plaintiffs' request that the court grant the partie s leave to depose Dr. Kuich during the week of 9/16/19 has been GRANTED, with the deposition to occur on Thursday, 9/19/19. The following schedule for exhibits, proposed by Plaintiffs, is ADOPTED with the reminder that the hearing will be narrowly focused as described in this order. 9/24/19: Last day for parties to exchange evidentiary exhibits they will seek to offer at the hearing. 10/1/19: Last date for parties to exchange any demonstrative exhibits they will seek to offer at the hearing. 10/8/19: Last day for parties to file a joint list of evidentiary exhibits and a joint list of demonstrative exhibits they may seek to present at the hearing. Plaintiffs are GRANTED fourteen days from the date of this order to file and serve a response to Defendants' proposal for remedying the misleading information contained in timely psychiatry performance reports and documents generated therefrom. (Filing Deadline: 9/24/2019(Mena-Sanchez, L)
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Filing
6275
ORDER signed by District Judge Kimberly J. Mueller on 9/9/19 SETTING the agenda for the 9/13/19 quarterly status conference. (Coll, A)
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Filing
6264
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/4/19 EXTENDING the deadline for Defendants to file the CMHPP to 9/12/2019. (Coll, A)
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Filing
6259
ORDER signed by District Judge Kimberly J. Mueller on 08/29/19, nunc pro tunc, GRANTING 6258 Motion for 13 Minute Extension of Time to file response to the 6242 08/14/19 Order. (Benson, A.)
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Filing
6252
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/23/19 For relief from 9/13/19 Evidentiary hearing deadlines. The deadlines set forth in paragraphs 3 through 6 of this Court's 7/11/19 Order 6216 are hereby VACATED. The Court shall set new deadlines in its order rescheduling the evidentiary hearing previously set for 9/13/19. (Mena-Sanchez, L)
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Filing
6250
ORDER signed by Magistrate Judge Deborah Barnes on 8/23/2019 ORDERING the Clerk to pay to Matthew A. Lopes, Jr., Esq., Special Mater, the amount of $462,920.82 as payment of the statement attached to this order; and a copy of this order shall be served on the financial department of this court. (cc: Financial) (Yin, K)
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Filing
6242
ORDER FOLLOWING STATUS CONFERENCE signed by District Judge Kimberly J. Mueller on 08/14/19; parties to file responses to this order within 14 days. (Benson, A.)
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Filing
6240
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/9/19 EXTENDING the deadline to 9/4/2019 to file document identifying remedial measures required by Paragraph 2 of 6214 Court Order. (Kastilahn, A)
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Filing
6230
ORDER signed by District Judge Kimberly J. Mueller on 7/29/19 APPROVING 6228 Stipulation and Proposed Order, MODIFYING 640 Order of Reference to expressly provide that, for any report filed by the Special Master that has not been circulated to the parties for review and comment prior to filing, the parties will have 30 days from the date of service to file objections to, or move to modify, reject, or adopt, such a report. (Coll, A)
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Filing
6227
ORDER signed by Magistrate Judge Deborah Barnes on 7/23/2019 ORDERING the Clerk of Court 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 $548,248.88 as payment of the statement attached to this order. (cc: Financial Department) (Henshaw, R)
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Filing
6225
ORDER signed by District Judge Kimberly J. Mueller on 7/19/19 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-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)
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Filing
6219
ORDER signed by District Judge Kimberly J. Mueller on 7/12/2019 ORDERING The deadline for submission of the parties' stipulation and joint statement set in paragraph 2 of the court's 7/11/2019 order, ECF No. 6216 , is EXTENDED by one week to and including 7/22/2019. (Reader, L)
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Filing
6216
ORDER signed by District Judge Kimberly J. Mueller on 7/11/19 APPROVING the joint schedule proposed by the parties re 6205 Status Report. The evidentiary hearing set by the court's June 14, 2019 order is confirmed for September 13, 2019 at 10:00 a.m. in Courtroom # 3. (Kaminski, H)
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Filing
6214
AMENDED ORDER signed by District Judge Kimberly J. Mueller on 7/9/2019 AMENDING 6211 Order by removing the following language from page 19, lines 3-4: "and the indices to Appendices A and B". The 2018 Program Guide Revision, defined as the 2018 Revision to the Mental Health Services Delivery System Program Guide and Appendices A through D, ECF No. 5864-1, is APPROVED. Within 30 days the parties shall prepare and file a document that identifiesall negotiated or court-ordered remedi al measures adopted in this action that cover custodial issues and are not included in the 2018 Program Guide Revision. The parties shall confirm that the Special Master has reviewed the list and concurs that it is a comprehensive list of such remedi al measures. The parties shall, under the guidance and supervision of the Special Master,work through the All Parties Workgroup process to develop an improved method for regular administrative updating of the 2018 Program Guide Revision and to devel op a process for updates and revisions to any part of the remedy found in state regulations and/or provisions of the California Department of corrections and Rehabilitations Departmental Operations Manual. The Special Master shall submit the final p roposed processes to the court on or before 11/15/2019. Within 21 days from the date of this order, the parties shall meet and confer and submit to the court a proposed stipulation and order for modification of the 10 day objection period in the Or der of Reference to add a provision governing the objection period for reports from the Special Master that are not circulated to the parties for review and comment prior to filing. The parties shall seek the input and concurrence of the Special Master in the proposal to be submitted to the court. (Henshaw, R)
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Filing
6212
ORDER signed by District Judge Kimberly J. Mueller on 7/3/2019 ORDERING that the Special Master's 11/5/2018 report, ECF No. 5993 , and Mr. Hayes' 11/5/2018 report entitled The Third Re-Audit and Update of Suicide Prevention Practices in the Prisons of the California Department of Corrections and Rehabilitation, ECF No. [5993-1], are ADOPTED in full. Defendants' request to correct a finding concerning a QIP issued following a suicide at San Quentin State Prison is DENIED. De fendants' objection to the Special Masters recommendation concerning theproposed temporary unlicensed MHCB at Richard J. Donovan Correctional Facility is OVERRULED. Defendants' proposal to activate a temporary unlicensed 20-bed mental hea lth crisis bed (MHCB) unit at Richard J. Donovan Correctional Facility (RJD) is REJECTED.Defendants shall continue with, and expedite, implementation of the remaining 29 initial recommendations and shall develop corrective action plans based upon deficiencies found in Mr. Hayes' most recent assessment. The Special Master shall provide an update report to the court on the status of defendants' implementation of the initial recommendations and the development of related corrective action plans. In their next status report required by the 4/29/2019 order, defendants shall include the additional information required by this order and plaintiff may respond as provided herein within fourteen days thereafter. (Zignago, K.)
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Filing
6204
AMENDED ORDER signed by District Judge Kimberly J. Mueller on 6/20/2019 IT IS SO ORDERED 6193 On or before 7/17/2019, defendants shall deposit with the Clerk of the Court a one hundred and twenty-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 5226 , and the Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court.(Reader, L)
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Filing
6200
ORDER signed by District Judge Kimberly J. Mueller on 6/18/19 DENYING 6188 Request for Reconsideration except that defendants' request for an extension of the 6/17/19 deadline is GRANTED to the extent that defendants shall now provide the materials covered by their privilege log to the court in camera by 12 noon on 6/19/19. (Coll, A)
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Filing
6194
ORDER signed by District Judge Kimberly J. Mueller on 6/7/2019 (nun pro tunc) IT IS SO ORDERED 6095 the parties stipulate to extend the 6/7/2019 deadline by 90 days such that Defendants will file their final CMHPP by 9/5/2019. The parties are remin ded that the purpose of the Custody and Mental Health Partnership Plan is to effect "long-term and sustainable culture change", 5477 at 7, to ensure an adequate collaborative culture between custody and mental health staff at all CDCR pri sons where class members are housed. The parties are further reminded that the task at hand is to expand the CMHPP that has already been developed and is "the product of significant effort by everyone involved", 6095 at 3, "to provid e for training focused at the CCCMS programs and the custody staff who interact with inmates and mental health staff in those programs." With the understanding that the extension of time is necessary to accomplish the foregoing, the stipulation is APPROVED. (Reader, L)
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Filing
6187
ORDER signed by District Judge Kimberly J. Mueller on 6/14/2019 IT IS SO ORDERED The Neutral Expert Report is accepted to the extent it addresses the areas delegated to the neutral expert by the court in its 12/14/2018 and 1/8/2019 orders, ECF Nos. [ 6033], 6064 . The court did not, and does not, delegate any fact finding to the neutral expert. An evidentiary hearing as to these issues is set for the time of the next quarterly status conference, presently set for 9/13/2019. This court's 11/ 7/2018 order, ECF No. 5999 , is CONFIRMED and EXTENDED to provide that defendants shall not retaliate against any person who provided information to the neutral expert during the course of his investigation. Within 7 days from the date of this order, the parties shall submit a proposed schedule for submission of the stipulation and joint statement required by paragraph 2 of this order as well as all steps they deem necessary in preparation for the evidentiary hearing. (Reader, L)
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Filing
6177
ORDER signed by District Judge Kimberly J. Mueller on 6/7/19 GRANTING 6164 Motion for leave to file an amicus brief.(Kaminski, H)
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Filing
6162
ORDER signed by Magistrate Judge Deborah Barnes on 5/24/2019 DIRECTING the Clerk of the Court 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 $541,530.35 as payment of the attached statement. (cc: Financial Department.) (York, M)
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Filing
6159
ORDER signed by District Judge Kimberly J. Mueller on 5/24/2019 DIRECTING defendants to deposit with the Clerk of the Court, within 30 days from the date of this order, a 127th 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) (Washington, S)
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Filing
6158
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 05/17/19 ORDERING that Defendants shall provide the first set of patient-level data, as described in paragraph 1 of the foregoing stipulation, to Plaintiffs and the Special Master by 05/24/19. The parties and Special Master shall meet at least monthly between June 2019 and August 2019 to discuss the data and the application of proposed exceptions to the twenty-four hour timeline to individual patients, and to finalize the proposed language for the Program Guide Addendum. The parties will submit the proposed Addendum to the Court by 08/30/19. (Benson, A.)
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Filing
6141
ORDER signed by Magistrate Judge Deborah Barnes on 5/1/2019 ORDERING Clerk 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 $450,000.00 as partial payment of the statement attached to this order and ORDERING Clerk to pay balance of $101,339.61 on that statement upon receipt of defendants next deposit of funds. (cc: Financial Department) (Henshaw, R)
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Filing
6140
ORDER signed by District Judge Kimberly J. Mueller on 5/1/2019 DIRECTING defendants to deposit with the Clerk of the Court, within 30 days from the date of this order, a one 126th 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) (Washington, S)
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Filing
6135
ORDER signed by District Judge Kimberly J. Mueller on 4/26/2019 ORDERING The parties and Drs. Golding and Gonzalez are granted seven days from the date of this order to show cause in writing, if any they have, why the Neutral Expert Report submitted to the court on 4/22/2019 should not be filed on the public docket. The parties and Drs. Golding and Gonzalez are granted thirty days from the date of this order to file briefs responsive to the substance of the Neutral Expert Report. This matter is SET for special status conference on 6/10/2019 at 1:30 in Courtroom 3 before District Judge Kimberly J. Mueller. Within seven days from the date of this order the parties shall file a stipulation and proposed order setting forth a schedule for finali zing the proposed addendum covering exceptions to the twenty-four hour timeline for transfer to mental health crisis bed (MHCB) care. within thirty days from the date of this order defendants shall file a status report that identifies, with specificity, each stage of the funding process that must be completed for final approval of the required 100 MHCBs and where the project is in this process at the time the status report is filed.(Washington, S)
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Filing
6132
ORDER RE FURTHER SETTLEMENT CONFERENCE signed by District Judge Dale A. Drozd on 4/18/2019. (The parties are directed to meet and confer and thereafter consult with Courtroom Deputy Jami Thorp at JThorp@caed.uscourts.gov to agree upon an appropriate date for the further settlement conference.)(Thorp, J)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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Filing
5907
TENTATIVE RULINGS ON OBJECTIONS signed by District Judge Kimberly J. Mueller on 09/05/18. (Benson, A.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing
5832
ORDER signed by District Judge Kimberly J. Mueller on 5/31/18 GRANTING 5831 Motion for Extension of time. (Kaminski, H)
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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)
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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)
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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.)
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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)
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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)
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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)
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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.)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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.)
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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)
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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.)
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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)
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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)
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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)
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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.)
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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.)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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.)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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.)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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Filing
5299
STIPULATION and ORDER Discharging Orders Requiring Monthly Reports signed by Judge Kimberly J. Mueller on 4/6/15. (Dillon, M)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing
5133
ORDER signed by Judge Lawrence K. Karlton on 4/11/2014 CORRECTING four typographical errors in 5131 Order. (Donati, J)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing
4849
ORDER signed by Judge Lawrence K. Karlton on 9/30/2013 DENYING 4793 & 4841 Motions in Limine. (Donati, J)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing
4716
ORDER signed by Judge Lawrence K. Karlton on 7/25/13 GRANTING 4710 Motion to exceed page limit. (Dillon, M)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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Filing
4341
ORDER signed by Magistrate Judge John F. Moulds on 2/14/2013 DENYING Defendants' 4327 Request for a Protective Order. (Donati, J)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing
4042
ORDER denying motion filed by Clark and Saif'ullah signed by Senior Judge Thelton E. Henderson on 7/19/11. (Kaminski, H)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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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)
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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.)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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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.)
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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)
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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)
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Filing
3748
ORDER signed by Senior Judge Lawrence K. Karlton on 12/11/09 waiving state law re: California State Prison, Sacramento. (Donati, J)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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Filing
3642
ORDER signed by Three-Judge Panel on 8/4/2009 ruling on Evidentiary Matters related to 3641 Opinion & Order. (Waggoner, D)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.)
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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).
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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)
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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)
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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)
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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)
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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)
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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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