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90-520 - (PC) COLEMAN, ET AL V. BROWN, ET AL
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publishdate:2011-05-11. September 11, 2006
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Motion to Dismiss Habeas Corpus Petition". STIPULATION and ORDER
signed by Judge Lawrence K. Karlton on 09/08/06 re 1951 ORDERING that
this court has reviewed the first portion of the above stipulation of
the parties concerning language to insert in the Revised Program Guide
to address the clinical competency of psychiatrists and hereby adopts
it as an order of this court. This court has reviewed the second
portion of the above stipulations of the parties concerning the
sealing of information containing or indicating the confidential
nature of the identities of those CDCR psychiatrists hire before 2006
who do not meet minimum credentialing criteria. The court approves the
stipulated seal and makes it an order of the court. (Duong, D)
Document in Context
90-520 - (PC) Coleman, et al v. Brown, et al
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April 22, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 4/22/05 ORDERING that
within 30 days from this order, defendants shall deposit with the
Court a 36th interim payment of costs in the amount of $500,000.00
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 Court's Financial Dept. (Krueger, M)
April 25, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 4/22/05. Clerk is directed to
pay J. Michael Keating, Jr. the amount of $166,245.97 in accordance
with the attached statement. A copy of this order shall be served on
the financial unit of this court.(Waggoner, D)
May 5, 2005
PDF | More
STIPULATION and PROTECTIVE ORDER 1659 RE: Documents produced by dfts
pursuant to court's Order 1654 signed by Judge Lawrence K. Karlton on
5/5/05. (see order for details)(Duong, D)
May 27, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 5/26/05. Clerk is directed to
pay J. Michael Keating Jr. in the amount of $177,675.62. Clerk is
directed to serve CFS with this order.(Girgis, C)
June 10, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 6/9/05 ORDERING Dfts to
include an increase in the compensation for the position of chief
psychologist in their scheduled R and R enhancements for CA State
Prison/Corcoran. On 1/1/06 the dfts shall report to the Special Master
the status of their recruitment efforts at CSP/Corcoran. The Special
Master shall review and assess the dfts' status report and, by
2/15/06, report to the Court the impact of the dfts revised R and R
schedule on the recruitment of clinicians and recommend specific
remedies, including his own enhanced R and R schedule, if the
institution's staffing vacancy problems have not been resolved during
the interim. (Krueger, M)
June 10, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton re Suicide Report 1658
ORDERING that w/in 60 days dfts shall submit to the Special Master
(SM) a plan for dealing w/the hazard of ventiliation screens. W/in 60
days dfts shall develop/ implement a policy regarding life support.
Dfts shall provide the SM a summary of methods/outcomes of
investigations whenever the suicide review process refers members of
the mental health/medical/or custody staff, initially judged to have
been responsible for some act of incompetence, malfeasance or
negligence, to another investigatory and/or disciplinary channel. W/in
90 days HCS of CDC shall develop as a part of the suicide review
procees a procedure to ensure the implementation of remedies. W/in 60
days dfs shall develop a plan for tracking the suicidal history of
inmates. (Krueger, M)
June 22, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 06/21/05: the Clerk of the
Court is directed to pay to J. Michael Keating Jr., the amount of
$173,325.44 in accordance with the attached statement; a copy of this
order shall be served on the financial dept of this court(Kirkpatrick,
S)
July 22, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 07/20/05: the Clerk is
directed to pay to J. Michael Keating Jr. the amount of $171,389.16 in
accordance with the attached statement; a copy of this order shall be
served on the Financial Dept of this Court(Kirkpatrick, S)
August 22, 2005
PDF | More
STIPULATION and ORDER signed by Judge John F. Moulds on 8/22/05
confirming undisputed attorney's fees and costs in the amount of
$305,178.35 for the first quarter 2005.(Marcotte, D)
August 22, 2005
PDF | More
STIPULATION and ORDER signed by Judge John F. Moulds on 8/22/05
confirming undisputed attorneys' fees and costs for the fourth quarter
of 2004 and resolving attorneys' fees and costs on the second and
third quarterly statements of 2004. (Marcotte, D)
August 22, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 8/22/05 directing the clerk to
pay to J Michael Keating Jr the amount of $217,715.20.(Marcotte, D)
August 23, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 8/22/05 ORDERING that
within 30 days from the date of this order, dfts shall deposit with
the Clerk a 37th interim payment of costs in the amount of $500,000
which amount shall be invested in the interest-bearing account
previously opened for this action. Clerk is directed to serve a copy
of this order on the CFS (cc: CFS).(Duong, D)
September 9, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 09/07/05: the Clerk is
directed to send a copy of inmate Christopher T. Burns' 07/28/05 1674
motion to counsel for plaintiffs and the clerk is directed to serve a
copy of this order on inmate Burns at the address on his 07/28/05
motion. (Attachments: # (1) Christopher Burns' motion filed on
07/28/05)(Kirkpatrick, S)
September 13, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 9/12/05 ORDERING that
within 15 days from the date of this order, dfts shall file and serve
a response to plts' Notice of non compliance 1680. Plts' reply, if
any, shall be filed and served no later than 10 days thereafter. This
matter is SET set for 10/14/2005 at 10:00 AM in Courtroom 4 (LKK)
before Senior Judge Lawrence K. Karlton. (Duong, D)
September 20, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 9/20/05 re 1680 ORDERING
that the hearing be CONTINUED to 10/27/2005 at 10:00 AM in Courtroom 4
(LKK) before Senior Judge Lawrence K. Karlton. (Duong, D) Modified on
9/20/2005 (Duong, D).
September 22, 2005
PDF | More
NON-RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 9/21/05
re 1693 ORDERING that the court has determined, howevery, that it is
inappropriate to relate or reassign the cases, and therefore declines
to do so. (Duong, D)
September 22, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 9/21/05 ordering that the
Clerk is directed to pay to J. Michael Keating, Jr., Coleman Special
Master, the amt of $193,606.53 in accordance with the attached
statement. A copy of this order shall be served on the financial
department of this court. (cc: Financial Dept)(Kastilahn, A)
September 26, 2005
PDF | More
STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/26/05
ORDERING Pltfs time to reply shall be extended and pltfs' reply shall
be filed no later than 9/30/05. (Girgis, C)
September 30, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 09/29/05 GRANTING 1697
Request for Extension of Time and deeming the deposit of funds to be
timely. (Brown, T)
October 7, 2005
PDF | More
T)ORDER signed by Judge Lawrence K. Karlton on 10/6/05 ORDERING that
w/in 30 days defendants shall deposit with the Clerk a 38th interim
payment of costs in the amount of $500,000. Clerk to serve a copy of
this order on the Financial Dept.(Brown,
October 21, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 10/20/05: the Clerk is
directed to pay J. Michael Keating Jr. the amount of $218,689.93; a
copy of this order shall be served on the Financial Dept.
(Kirkpatrick, S)
October 26, 2005
PDF | More
STIPULATION and ORDER 1707 signed by Judge Lawrence K. Karlton on
10/25/05. Hearing on Plaintiffs' Notice of Defendants' Failure to
Comply with 6/9/05 Court Order CONTINUED to 1/5/2006 at 10:00 AM in
Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Marciel,
M)
November 18, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 11/17/05: the Clerk is
directed to pay J. Michael Keating Jr., Coleman Special Master, the
amount of $224,659.71; a copy of this order shall be served on the
Financial Dept.(Kirkpatrick, S)
November 18, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 11/17/05: the Clerk is
directed to send a copy of inmate Morrow's 1710 letter to counsel for
pltfs and the Special Master. (Attachments: # (1) Morrow's
Letter)(Kirkpatrick, S)
November 21, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 11/18/05 GRANTING 1712
REQUEST for an Extension of Time for Dfts to Deposit Funds.(Brown, T)
November 21, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 11/18/05 ORDERING that:
W/in 30 days dfts shall deposit with the Clerk of the Court a 39th
interim payment of costs in the amount of $500,000.00; and the Clerk
is directed to serve a copy of this order on the Court's Financial
Dept.(Brown, T)
November 29, 2005
PDF | More
STIPULATION and ORDER signed by Judge John F. Moulds on 11/28/05
CONFIRMING that $324,310.74, plus interest is due and collectable as
of 45 days from the date of entry of this order. (Brown, T)
December 15, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 12/14/05: the Clerk is
directed to pay to J. Michael Keating Jr., the amount of $271,218.21
in accordance with the attached statement; a copy of this order shall
be served on the Financial Dept of this court. (Kirkpatrick, S)
January 4, 2006
PDF | More
ORDER signed by Judge John F. Moulds on 1/3/06 directing the clerk to
send a copy of inmate Cockcroft's 1718 ex parte motion to counsel for
plaintiffs. No further action will be taken on said motion. Clerk to
send a copy of this order on Inmate Cockcroft at the address provided
on this motion. (Donati, J)
January 4, 2006
PDF | More
STIPULATION AND ORDER re 1742 signed by Judge Lawrence K. Karlton on
1/4/06 ORDERING that the hearing is CONTINUED to 2/15/2006 at 01:30 AM
in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton.
Defendants shall file a declaration from the Wardent of each CDCR
institution establishing the elements set forth in Paragraph 6 to
assure that the revised CPR policy has been fully implemented and that
they have complied with the court's 6/9/05 Order 1668 no later than
1/31/06. Plts may file a reply to the declarations no later than
2/6/06. (Duong, D)
January 17, 2006
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ORDER signed by Judge Lawrence K. Karlton on 1/13/05 ORDERING that the
special master's request for increase compensation 1732 is granted.
Effective 2/1/06, Melissa G. Warren, Ph.D shall be compensated at a
rate of $250 per hour for work performed in this action, except that
she shall be compensated at a rate of $90 per hour for travel time.
The special master request for appointment of additional staff is
granted. The special master is authorized to appoint Ted r. Ruggles,
Ph.D. as a mental health expert to perform the duties set forth in the
request and to be compensated at the rates set forth herein. (Duong,
D)
January 23, 2006
PDF | More
ORDER signed by Judge John F. Moulds on 01/23/06 ORDERING that The
Clerk of the Court is directed to pay to J. Michael Keating, Jr.,
Coleman Special Master 2351 Sussex Lane Fernandina Beach, FL 32034 the
amount of $236,183.38 in accordance with the attached statement; and A
copy of this order shall be served on the financial department of this
Court. (Mena-Sanchez, L)
February 13, 2006
PDF | More
STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on 2/13/06
re the 2/15/06 hearing on pltfs' notice of dfts' failure to comply
with 6/9/05 court order re CPR policy. The 2/15/06 hearing TAKEN OFF
CALENDAR.(Carlos, K)
February 27, 2006
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ORDER signed by Judge John F. Moulds on 02/24/06: the Clerk is
directed to pay to J. Michael Keating Jr., Coleman Special Master, the
amount of $204,421.31 in accordance with the attached statement and a
copy of this order shall be served on the financial dept of this
court. (Kirkpatrick, S)
February 27, 2006
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 2/27/06 ORDERING that:
W/in 30 days from the date of this order, dfts shall deposit with the
Clerk of the Court a 40th interim payment in the amount of $500,000;
and the Clerk is DIRECTED to serve a copy of this Order on the Court's
Financial Dept.(Brown, T)
March 2, 2006
PDF | More
ORDER signed by Judge John F. Moulds on 03/01/06: the Clerk is
directed to send a copy of inmate Morrow's 1744 letter to counsel for
pltfs and to the Special Master. (Attachments: # (1)
Letter)(Kirkpatrick, S)
March 2, 2006
PDF | More
STIPULATION and ORDER signed by Judge John F. Moulds on 3/2/2006 re
1759 Stipulation and Proposed Order confirming undisputed attorney's
fees and costs ORDERING: It is confirmed $341,446.40, plus interest is
due and collectable as of 45 days from the date of entry of this
order. Daily interest, runs from December 12, 2005 at the rate of
4.38% and equals $40.97 per day. (Matson, R)
March 3, 2006
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ORDER signed by Judge Lawrence K. Karlton on 3/2/06 ORDERING W/in 60
days of this order dfts shall submit to the special master a plan for
reducing rate of vacancies among psychiatrists system-wide; W/in 60
days of this order dfts shall submit to the special master a plan to
expand the DCHCS central office mental health staff commensurate w/
the growth and present size of the CDCR mental health staff and
caseload; Dfts shall file plans for provisions no later than 4/17/06;
Dfts shall provide to special master and to pltfs weekly reports on
the status of development of the plans required by paragraphs 3 and 5
of this order, w/ the first report to be provided by 3/10/06. On or
before 3/17/06, dfts shall file a response to the second and third
objections raised in pltfs' 2/3/06 objections to the specialmaster's
fifteenth round monitoring report. This matter is SET for 4/26/2006 at
3:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton.
(See order for further details) (Girgis, C)
March 3, 2006
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ORDER signed by Judge Lawrence K. Karlton on 3/2/06 ORDERING The
Provisions of the 1/2006 Revised Program Guide is GRANTED and orders
dfts to immediately implement all such provisions. Status Conference
SET for 4/26/2006 at 03:00 PM in Courtroom 4 (LKK) before Senior Judge
Lawrence K. Karlton. (See order for further details) (Girgis, C)
March 9, 2006
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ORDER re 1762 signed by Judge Lawrence K. Karlton on 3/9/06 ORDERING
that defendants shall be given until 5/15/06 to reduce the vacancy
rate among all categories of mental health personnel at CSP-Corcoran,
including psychiatrist, case managers, psych techs, recreational techs
and supervisory clinicians, to 10 percent or less through the
employement of permanent staff and/or contract providers. Dfts shall
file a report with the court no later than 5/22/06, which sets for the
vacancy rate as of 5/15/06 for each category of mental health
personnel at CSP-Corcoran, including psychiatrists, case managers,
psych techs, recreational techs and supervisory clinicians. Dfts shall
take all measures necessary, beginning immediately, to ensure that in
the event that it is necessary to implement the R & R enhancements
specified in this order, that any and all administrative steps,
including but not limited to the Dept of Personnel Administration
letter authorizing the specific enhancements, will be completed so
that hiring with the new enhancements can begin no later than 6/6/06
(See Order for details). (Duong, D)
March 9, 2006
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ORDER signed by Judge Lawrence K. Karlton on 3/9/06 to amend Order
1772, at page 2, lines 21-22, to read as follows: Good cause
appearing, the matter will be set for hearing on 4/26/06 at 3:00 p.m.
in Courtroom #4 before the undersigned. (Duong, D)
March 27, 2006
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ORDER signed by Judge John F. Moulds on 3/24/06 ORDERING that: the
Clerk is DIRECTED to pay J. Michael Keating Jr. the amount of
$120,587.28 in accordance with the attached statement; and directing
the Clerk to serve a copy of this order on financial. (cc: Sac
Financial). (Brown, T)
April 7, 2006
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ORDER signed by Judge Lawrence K. Karlton on 4/7/06 ORDERING that this
matter is SET for joint hearing with Marciano Plata et al. v Arnold
Schwarzenegger et al., No. C01-1351 TEH (N.D. Cal.) on 6/8/2006 at
10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton
and the Honorable Thelton E. Henderson. (Duong, D)
April 25, 2006
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ORDER signed by Judge Lawrence K. Karlton on 04/24/06 ORDERING an
extension of time to and including 4/18/06 to file enclosures to
Exhibits A to the filed bed plan. (Carlos, K)
April 26, 2006
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ORDER signed by Judge John F. Moulds on 4/24/06 ORDERING Clerk is
directed to send copy of inmate Cockcroft's notice/request 1776 to
counsel for pltf's. No further court action will be taken on said
motion. Clerk is directed to serve copy of this order on inmate
Cockcroft at the address provided on the notice/request.(Girgis, C)
April 28, 2006
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ORDER signed by Judge Lawrence K. Karlton on 4/27/2006 ORDERING that
the joint hearing with Marciano Plata, et al. v. Arnold
Schwarzenegger, et al., No. C01-1351 TEH (N.D.Cal.) beforethe
undersigned and the Honorable Thelton E. Henderson on June 8, 2006 is
RESET to 1:30 p.m.in Courtroom No. 1, 16th Floor, Robert T. Matsui
United States Courthouse, 501 I Street,Sacramento, California
95814.(Matson, R)
April 28, 2006
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ORDER signed by Judge John F. Moulds on 4/28/06 ORDERING Clerk of the
court is directed to pay J. Michael Keating, Jr., Coleman Special
Master, 2351 Sussex Lane, Fernandina Beach, FL 32034 in the amount of
$202,041.84 in accordance w/ the attached statement. A copy of this
order shall be served on financial dept. of this court. (cc:
Sacramento Financial)(Girgis, C)
May 1, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/1/06 ORDERING that
within 30 days from the date of this order, dfts shall deposit with
the Clerk a 41st interim payment of costs in the amount of $500,000
which amount shall be invested in the interest-bearing account
previously opened for this action. Clerk is directed to serve a copy
of this order on the Financial Department. (Duong, D)
May 2, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/1/06 ORDERING that the
dfts' long term plan for provision of acute and intermediate inpatient
care and mental health crisis beds is approved, subjection to
modification based on current population projections. Within 60 days
from the date of this order dfts shall file an amended long term plan
that is based on current population projections and incorporate an
updated version of methodology first adopted in the 2002 Tucker-Alan
bed needs projections. The dfts' long term plan for enhanced
outpatient beds describes a shortfall of over 1000 such beds in the
year 2011 and therefore is not approved. Dfts shall include the
amended long term plan a list of those projects that can be accele
health crisis bed on the basis of state licensing requirements without
approval of the special master. (See order for details).(Duong, D)e
inpatient beds at the CA Medical Facility (CMF) P-2 until further
order of court. In connection therewith, dfts are reminded of their
obligations under the heat plan developed pursuant to prior orders of
this court, and dfts are directed to take erated as well as a list of
any statutory, licensing, or staffing barriers to such acceleration
and/or to timely opening of the projects described in the amended long
term plan. Within 45 days from the date of this order, dfts shall file
a plan for interim provision of intermediate inpatient beds and mental
health crisis beds. Plts are granted a period of ten days in which to
file and serve a response to the interim plan required by paragraph 3
of this order. Dfts shall maintain 36 intermediatvery mechanical step
presently feasible to maintain appropriate temperatures within said
unit. Not later than 5/30/06, dfts shall open 36 intermediate
inpatient beds at Salinas Valley State Prison (SVSP) that were slated
to receive inmates from CMF. Said beds shall be used for Leavel IV
inmates. Dfts shall create an additional 36 intermediate inpatient
beds at SVSP on the same time schedule and with the same waivers used
to create the 36 beds referred to in paragraph 7 of this order. Said
beds also be used for Level IV inmates. Dfts shall forthwith review
the list of 123 inmates presently awaiting placement in the
intermediate inpatient bed program at SVSP and shall identify all
inmates on said list approprite for placement in the DMH program at
Atascadero State Hospital or Coalinga State Hospital. Twenty-Five
intermediate inpatient beds shall be made immediately available at
Coalinga State Hospital for appropriate CDCR inmates. Within 30 days
thereafter, an additional 25 intermediate inpatient beds shall be made
available at Coalinga State Hospital for appropriate CDCR inmates.
Within 6 months from the dte of this order, dfts shall file a report
on the feasibility and cost of creating 30 intermediate inpatient beds
at Coalinga State Hospital beds for Level IV high-custody CDCR inames.
Said report shall be prepared by the CDCR in collaboration with DMH
and the CA Dept of General Services. Dfts shall activate the mental
health crisis beds in the correctional treatment centers at KVSP and
CA State Prison-Sacramento not later than 7/1/06, or inform the court
in writing by that date why said centers are not fully operational.
Dfts shall forthwith reopen the locked observation unit at the CA
Men's Colony as a 36 bed mental health crisis bed unit on a temporary
emergency basis. Said mental health crisis beds shall remain in use
until further order of this court. Until further order of this court,
dfts shall not close any intermediate inpatient bed or mental
May 2, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/1/06 ORDERING that this
matter is SET for further status conference on 5/17/2006 at 01:30 PM
in Courtroom 4. (Duong, D)
May 2, 2006
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ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton on 5/1/06
ORDERING that within 15 days from the date of this order, Stephen W.
Mayberg, Ph.D., Director of the CA DEpt of Mental Health, and/or any
party to this action may show cause in writing if any there is, why
Director Mayberg should not be joined as a defendant in this action.
Clerk is directed to serve a copy of this order on Steph W. Mayberg,
Ph.D., Director, CA Dept of Mental Health, 1600 9th Street, Rm 151,
Sacramento, CA 95814. (cc: Stephen w. Mayberg, Ph.D.)(Duong, D)
May 2, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/1/06 re 1746 ORDERING
that plts' second and third objections to the special master's 15th
round monitoring report 1750 1763 are overruled. Within 90 days from
the date of this order, dfts shall file a plan for providing adequate
mental health care for inmates in reception centers who have been
identified as requiring an enhanced outpatient program (EOP) leavel
care who remain in reception centers for longer than 60 days. (Duong,
D)
May 2, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/1/06 relating case
90cv520 LKK JFM with member of cases 04cv1750 FCD JFM P, 05cv876 LKK
GGH P, 05cv2441 LKK GGH P. (Duong, D)
May 3, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/2/06 ORDERING that the
draft agreement reached between the Department of Mental Health and
the US Department of Justice concerning allegations brought under the
Civil Rights of Institutionalized Persons Act (CRIPA) be served upon
plts' counsel and filed under seal with this court. (Duong, D)
May 25, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/24/06 ORDERING that:
this matter is set for a discovery conf before the Honorable John F.
Moulds on 6/13/06 @ 11:00 a.m.; the parties shall file discovery conf.
statements by 6/2/06; parties are GRANTED an additional period of time
in which to negotiate concerning disputed issues relative to those
portions of the Revised Program Guide that have not yet been approved
by the court; if a party determines that a disputed issue is ripe for
resolution by the court, said party shall file a formal objection
raising the issue; pltfs are GRANTED 15 days from the date of this
order to file and serve a response to Stephen Mayberg's 18115/17/06
Response; and w/in 7 days from the date of this order the special
master shall report to the court on the status and sufficiency of
dfts' budget requests for staffing augmentation necessary to implement
the court-approved provisions of the January 2006 Revised Program
Guide.(Brown, T)
May 25, 2006
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ORDER CONFIRMING UNDISPUTED ATTORNEYS' FEES AND COSTS FOR THE FOURTH
QUATER OF 2005 signed by Judge John F. Moulds on 5/24/06 ORDERING that
Plaintiffs fees and costs of $371,729.94, plus interest are due and
collectable as of 45 days from the date of entry of this order. Daily
interest runs from 3/13/06 at the rate of 4.80%.(Mena-Sanchez, L)
May 30, 2006
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ORDER signed by Judge Lawrence K. Karlton on 05/30/06 ORDERING that
dfts are granted until 06/02/06 to formally raise in this court the
privilege they have asserted with the special master; Pltfs may
respond to any such assertion of privilege on or before 06/09/06;
Deadline for submission of the special master's report on the status
and sufficiency of dfts' budget requests will be reset, as
appropriate, by subsequent order of this court. (Warren, P)
May 31, 2006
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ORDER signed by Judge John F. Moulds on 5/30/2006 ORDERING: The Clerk
is directed to pay J. Michael Keating, Jr., Coleman Special Master,
2351 Sussex Lane, Fernandina Beach, FL 32034, the amount of
$286,117.80 in accordance w/the attached statement; and a copy of this
order shall be served on the financial department of this
court.(Matson, R)
June 8, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/7/06 re 1806 ORDERING
that on or before 8/31/2006, dfts shall develop a plan for dealing
with the escalating percentage of suicides occurring in administrative
segregation units. The plan must be based on an analysis of the causes
for the increasing rate and depending on the outcome of the analysis,
provide adequate resources of meantal health and/or custody staff,
create sufficient confidential interview space and/or enhance the
quality of mental health services provided in administrative
segregation units. The plan shall include, as appropriate, a budget
and implementation schedule for any policy and procedure changes,
staffing or budget augmentation, and, if necessary, include a
mechanism for obtaining mid-year funding on or before 9/30/006. Dfts
shall collaborate with one or more of the special master's experts,
with plts' counsel and with plts' expert, Lindsay Hayes, to develop
the plan required by this order. (Duong, D)
June 12, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/12/06 ORDERING W/in 30
days from the date of this order, dfts shall deposit w/the Clerk of
Court a forty-second interim payment of costs in the amount of
$500,000.00, which amount shall be invested in the interest-bearing
account previously opened for this action. Clerk of Court is directed
to serve copy of this order on Financial Department of this court.
(cc: Sacramento Financial) (Girgis, C)
June 12, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/7/2006 ORDERING: The
court has reviewed the briefs filed by pltfs and dft concerning dft's
assertion of deliberative privilege as to the matters set forth in the
privilege log. The Court determines that the material is not
privileged, and directs that the material be forwarded to the Special
Master and counsel forplaintiffs not later than close of business on
6/14/2006; By virtue thereof, the report from the Special Master shall
be filed not later than 6/21/2006.(Matson, R)
June 13, 2006
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STIPULATION and ORDER signed by Judge John F. Moulds on 6/12/06
ORDERING Discovery Hearing CONTINUED TO 8/17/2006 at 11:00 AM in
Courtroom 25 (JFM) before Magistrate Judge John F. Moulds. Parties
request the proposed briefing schedule set forth below for the hearing
on 8/17/06 to address 2 disputed discovery issues identified in the
parties discovery conference statements. Pltf's shall file notice of
motion, motion, accompanying briefs, and copies of all documentary
evidence in support of their motion for discovery by 7/14/06. Dfts
shall file their opposition to pltfs' motion by 7/28/06. Pltfs shall
file their reply by 8/9/06. (See order for further details) (Girgis,
C)
June 13, 2006
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ORDER signed by Judge John F. Moulds on 6/12/06 ORDERING The Clerk is
directed to pay J. Michael Keating, Jr., Coleman Special Master, 285
Terrace Avenue, Riverside, Rhode Island 02915, the amount of
$299,066.07 in accordance w/the attached statement; and a copy of this
order shall be served on the financial department of this court. (cc:
Financial Sacramento)(Girgis, C)
June 14, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/14/2006 ORDERING: Dfts'
Motion to stay this court's 6/12/2006 order is DENIED; Dfts shall
produce the required material to the Special Master under seal not
later than close of business on 6/14/2006; The Special Master's report
to be filed on 6/21/2006 shall be filed under seal; and Absent a stay
of this court's 6/12/2006 order by the US Court of Appeals for the
Ninth Circuit, the court will, by 6/21/2006, order the material and
the Special Master's report produced to pltfs.(Matson, R)
June 15, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/15/06. The deadline for
submission of the material under seal to the Special Master has passed
and defendants have not complied with the court's order. It is ORDERED
that on 6/27/2006 at 01:30 PM in Courtroom 4 (LKK), James A. Tilton,
Acting Secretary of the CA Dept of Corrections and Rehabilitation,
shall show cause in person why he should not be held in contempt of
court.(Brown, T)
June 19, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/19/06 ORDERING that the
OSC, issued on 6/16/06 1843 is DISCHARGED and the hearing set for
6/27/06 is hereby VACATED. Absent a stay of the 6/12/06 order by the
US Court of Appeals for the Ninth Circuit, the court will, by June 21,
2006, order the budget change proposal material and the Special
Master's report produced to counsel for plts.(Duong, D) Modified on
6/20/2006 (Duong, D).
June 21, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/21/06 ORDERING that in
accordance with the court's order issued on 6/19/06 1847, Clerk is
directed to copy and forward by mail to plts' counsel, Michael Bien,
the Special Master's Report on the Status and Sufficiency of the dfts'
Budget Requests for Staffing to Implement the Revised Program Guide,
as well as the attached exhibits. Clerk is also directed to forward
the above-mentioned documents to Robert Sillen, the court-appointed
Receiver in Plata et al v Schwarzenegger, CV S 01-1351 (N.D. Cal). The
parties are to file not later than 15 days from the effective date of
this order, a memorandum of points and authorities either in support
of or in opposition to the Special Master's recommendation. The
parties are also directed to address the question of whether the CA
Dept of Finance should be added as a named defendant in this action.
Finally, the parties are asked to brief the issue of whether the
Special Master's report and attached exhibits should be unsealed. The
parties shall file their briefs under seal. The court will either take
the matter under submission or will order a hearing, if appropriate.
(See Order for details).(Duong, D)
June 28, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/27/06 ORDERING that
Stephen M. Mayberg, Ph.D., Director of the Dept of Mental Health is
JOINED as a defendant in the action. He is joined only in his official
capacity. Clerk directed to serve a copy of this order on StepheN W.
Mayberg, Ph.D., Director, CA Dept of Mental Health, 1600 9th Street,
Rm. 151, Sacramento, CA 95814. (Duong, D)
June 30, 2006
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ORDER RE: KERN VALLEY STATE PRISON, SELF CERTIFICATION signed by Judge
Lawrence K. Karlton on 6/30/06. This Court ORDERS George Sifuentes, as
Deputy Director of the Office of Facilities Management of the CDCR, to
sign the necessary self-certification of the correctional treatment
center at Kern Valley State Prison in the absence of compliance with
the state building code requirements by the two indicated
modifications to the physical plant of the correctional treatment
center.(Mena-Sanchez, L)
July 5, 2006
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ORDER signed by Judge Lawrence K. Karlton on 06/30/06: Parties shall
file, as the first page of any filing, a list of acronyms used and
their translations.(Kirkpatrick, S)
July 5, 2006
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ORDER signed by Judge Lawrence K. Karlton on 07/05/06: Parties 1869
request for extension of time is GRANTED; deadline for parties to
submit briefs in response to this Court's 06/21/06 Order, is extended
to 07/11/06. (Kirkpatrick, S)
July 17, 2006
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ORDER signed by Judge Lawrence K. Karlton on 07/17/06: Within 2 days
from the date of this order, dfts shalll provide to the Special Master
all documents relevant to the requests of the CDC and Rehab. for
staffing to implement the court-approved provisions of the Revised
Program Guides; the Special Master shall file a supplemental report to
the court not later than 5 days after receipt of the documents.
(Kirkpatrick, S)
July 17, 2006
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STIPULATION and ORDER signed by Judge John F. Moulds on 07/17/06:
Parties stipulate and agree that $46,552.30 plus interest is due and
collectable as of 45 days from the date of entry of this
order.(Kirkpatrick, S)
July 20, 2006
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ORDER signed by Judge Lawrence K. Karlton on 7/17/006 ORDERING that
not later than the close of business on 7/21/06, dfts shall file with
the Clerk a copy of all documents provided to the Special Master under
seal and provide a copy to counsel for plts. (Duong, D)
July 20, 2006
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ORDER re 1902 signed by Judge Lawrence K. Karlton on 7/20/06 ORDERING
that this Court waives CA Public Contract Code section 10808 and dft
Dept of corrections and Rehabilitation to approve the physical
modifications of the Locked Observation Unit at CA Men's Colony.
(Duong, D)
July 21, 2006
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ORDER signed by Judge Lawrence K. Karlton on 7/21/06 re 1907 ORDERING
that the court GRANTS dfts a two-day extension of time 1905 to
7/21/06, to comply with its 7/17/06 order to produce documents.
(Duong, D)
July 24, 2006
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ORDER signed by Judge Lawrence K. Karlton on 7/24/2006 re 1874
ORDERING that the special master's request for approval of appointment
of additional staff 1874 is GRANTED. The special master is authorized
to appoint Linda E. Buffardi as a staff member to perform the duties
set forth in the Special Master's Request for the Appointment of
Additional Staff, filed 7/7/2006, and to be compensated at the rates
set forth herein. (Duong, D)
July 28, 2006
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er on Robert Sillen, Michael Bien and Lisa Tillman. (refer to order
for full details) (cc: Robert Sillen, Michael Bien and Lisa Tillman)
(Kirkpatrick, S)ORDER signed by Judge Lawrence K. Karlton on 07/28/06
ORDERED: Michael Genest, Director of the CA Dept. of Finance, is
joined in his afficial capacity as a dft in this action, Clerk
directed to serve a copy of this order on Mr. Genest; the Clerk is
directed to unseal documents 1851, 1881, 1882, 1883, 1891, 1892, 1893,
1910, 1918, and 1921; the Clerk is directed to send a copy of the
Special Master's supplemental report 1921 and attached exhibits
together with these ord
August 1, 2006
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AMENDED ORDER signed by Judge Lawrence K. Karlton on 7/28/06 ORDERING
Michael Genest, Director of CA Dept. of Finance, is joined in his
official capacity as a dft in this action. Clerk is directed to serve
copy of this order on Mr. Genest. Dfts shall prepare and present to
the special session of the Legislature, scheduled to occur in August
2006, a budget proposal for the allocation of no less than the 530.65
permanent and 21.2 limited term positions. (See order for further
details) Clerk is directed to unseal
1851,1881,1882,1883,1891,1892,1893,1910,1918, and 1921. Clerk is
directed to serve copy of Special Master's supplemental report and
attached exhibits filed 7/28/06 w/ copy of this order on Robert
Sillen, Michael Bien, and Lisa Tillman.(Girgis, C)
August 4, 2006
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ORDER signed by Judge John F. Moulds on 8/3/06 ORDERING The Clerk of
the Court is directed to pay to J. Michael Keating, Jr., Coleman
Special Master, 285 Terrace Avenue, Riverside, Rhode Island 02915, the
amount of $216,760.05 in accordance w/ attached statement. A copy of
this order shall be served on the financial dept. of this court. (cc:
Sacramento Financial)(Girgis, C)
August 4, 2006
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ORDER signed by Judge Lawrence K. Karlton on 8/3/06 ORDERING that:
w/in 30 days from the date of this order, dfts shall deposit with the
Clerk of The Court a forty-third interim payment of costs in the
amount of $500,000.00; and the Clerk is DIRECTED to serve a copy of
this order on Sac Financial. (cc: Sac Financial)(Brown, T)
August 7, 2006
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ORDER signed by Judge John F. Moulds on 08/04/06: Pltf's fees and
costs of $389,822.13, plus interest, are due and collectable as of 45
days from the date of entry of this order.(Kirkpatrick, S)
August 8, 2006
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STIPULATION and ORDER re Revision of Suicide Policy Permitting Video
Monitoring of Inmates on Suicide Watch Status signed by Judge Lawrence
K. Karlton on 8/8/06 re 1872 ORDERING that dfts shall provide the
Special Master and plts with 45 days written notice of any decision to
reinstate video-monitoring as the sole method of conducting suicide
watch observation at any CDCR institution. If plts' counsel object to
the reinstatement, the parties shall meet and confer within 20 days.
If disputed issues remain, plts may notice a hearing before the
District Court on shortened time to resolve the matter. (Duong, D)
Modified on 8/8/2006 (Duong, D).
August 23, 2006
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ORDER re ASH/CMF Bed Plan signed by Judge Lawrence K. Karlton on
08/23/06 re 1950 ORDERING that This court approves the parties'
stipulation and so orders the dfts' submitted CMF/ASH plan be
implemented immediately, with the following conditions: The
utilization of the beds subject to this plan will be monitored for
twelve months, with the evaluative marker of 90% or higher bed
utilization during this period of time. At the end of the twelve-month
monitoring period, the parties ion: number of patient referrals,
number of patient rejections, patient-inmate transfer time frames,
number of patient acceptances, identities of patients, each patient's
length of stay and discharge date, the source of referrals by
institution,shall meet and confer with Special Master Keating to
discuss the continued implementation of this plan in light of the bed
utilization statistics and other relevant clinical factors. Defendants
DMH and CDCR are to provide Plaintiffs' counsel and Special Master
Keating with a monthly utilization report by the fifteenth day of the
following month concerning the 25 ASH APP beds, the 25 bed CMF MHCB
unit, and the remaining CMF APP unit. The monthly report should
contain the following informat and the reason for rejection.
Defendants are to provide Plaintiffs' counsel and Special Master
Keating for review and comment a copy of the uniform referral form for
acute beds provided by DMH for referrals from CDCR. This uniform
referral form will be used for all referrals to all acute beds
provided by the DMH to CDCR inmates. Defendants DMH and CDCR will do
system-wide training on the policies and procedures for inpatient
referrals as well as the care provided by the intermediate and acute
programs. Defendants DMH and CDCR will provide Plaintiffs' counsel and
Special Master Keating with a copy of the training materials for
comment before the training occurs. This Court leaves it to the
discretion of Special Master Keating to have one or more of his
experts attend the training. If there is no patient waiting or using
the new MHCB beds at CMF, then those beds may be used to provide acute
care. (Duong, D) Modified on 8/24/2006 (Duong, D).
September 7, 2006
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ORDER signed by Judge John F. Moulds on 9/6/06 ORDERING that the Clerk
is DIRECTED to pay J. Michael Keating Jr. the amount of $322,764.23 in
accordance with the attached statement; and a copy of this order shall
be served on the financial dept of this court (cc: Sac
Financial).(Brown, T)
September 11, 2006
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 09/08/06
re 1960 ORDERING that the due date for the final plan addressing
suicide trends in the administrative segregation units may be extended
from 8/31/06 to 10/2/06. The plan will still include, as appropriate,
a budget and implementation schedule for any policy and procedure
changes, staffing or budget augmentation, and, if necessary, include a
mechanism for obtaining mid-year funding. The date for obtaining
mid-year funding will be extended from on or before 9/30/06 to
10/2/06. Dfts will provide plts' counsel and Special Master Keating a
copy of the draft plan addressing suicide trends in the administrative
segregation units on or before 9/5/06. Dfts will arrange a
teleconfrence on or about 9/12/06 or another mutually convenient date
with plts' counsel, plts' experts, dfts' experts and Special Master
Keating and his experts to discuss any comments to the draft plan.
(Duong, D)
September 11, 2006
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 09/08/06
re 1951 ORDERING that this court has reviewed the first portion of the
above stipulation of the parties concerning language to insert in the
Revised Program Guide to address the clinical competency of
psychiatrists and hereby adopts it as an order of this court. This
court has reviewed the second portion of the above stipulations of the
parties concerning the sealing of information containing or indicating
the confidential nature of the identities of those CDCR psychiatrists
hire before 2006 who do not meet minimum credentialing criteria. The
court approves the stipulated seal and makes it an order of the court.
(Duong, D)
September 26, 2006
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ORDER signed by Judge Lawrence K. Karlton on 9/25/06 ORDERING that
Defendants' Request for an extension of time to 9/26/06 to file a
response to the Supplemental Report is GRANTED.(Mena-Sanchez, L)
September 28, 2006
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ORDER signed by Judge John F. Moulds on 9/28/06 ORDERING the Clerk of
the Court to pay J. Michael Keating Jr., Coleman Special Master, the
amount of $153,692.45. The clerk is to serve a copy of this order on
the Financial Dept of this court.(Carlos, K)
September 28, 2006
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ORDER signed by Judge John F. Moulds on 9/28/06 ORDERING pltfs'
7/13/06 motion for leave to conduct discovery 1894 is DENIED without
prejudice. (Carlos, K)
October 4, 2006
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ORDER signed by Judge Lawrence K. Karlton on 10/04/06 informed the
parties of the meeting and the issues discussed on 9/26/06. (Duong, D)
October 4, 2006
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STIPULATION and ORDER 1985 signed by Judge Lawrence K. Karlton on
10/04/06 re [1985 ORDERING that plts may file their corrected
Supplemental Brief on dfts' Compliance with 5/2/06 Order regarding
Interim and Long-Range Bed Plans and Reception Center EOP Programs
1800, along with the Corrected Declaration of Thomas Nolan in support
and the Corrected Proposed Order. (Duong, D)
October 5, 2006
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ORDER signed by Judge Lawrence K. Karlton on 10/5/06 re 1969 ORDERING
that within three days from the date of this order, the Special Master
shall file andserve his modified recommendations. The parties shall
have three days thereafter to file and serve responses to themodified
recommendations. No extensions of the deadlines set in this order will
be granted. (Duong, D)
October 20, 2006
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ORDER signed by Judge Lawrence K. Karlton on 10/20/06 ORDERING that
the revised recommendations of the Special Master 1994 are ADOPTED in
full. The program population projections in the revised and updated
Navigant Study are approved. Defendants shall contract with Navigant
Consultants to conduct annual population reviews and updates of their
projections for mental health program populations from 2007 through
2009. Thereafter, defendants may obtain such population projections
services through the normal contract bidding process. The Navigant
service contract shall be controlled and supervised by the California
Department of Corrections and Rehabilitation's (CDCR) Division of
Correctional Health Care Services rather than the CDCR's Division of
Legal Affairs. TheSpecial Master, and such of his experts as he may
assign to the task, shall work with the defendants and Navigant to
improve the projections and ensure that all necessary data is
collected to make future projections as accurate as possible. The
Special Master shall monitor closely the swap of acute inpatient beds
between California Medical Facility and Atascadero State Hospital and
any delays in the transfer of seriously mentally disordered inmates to
mental health crisis beds within 24 hours of a clinical referral and
report to the court in writing on these two issues within ninety days.
Within sixty days from the date of this order defendants shall file a
final long plan for the provision of acute and intermediate inpatient
beds, as well as a plan for the provision of enhanced outpatient
program (EOP) beds, for all seriously mentally ill male and female
CDRC inmates clinically determined to be in need of those levels of
care. These consolidated plans shall meet or exceed the program
population projections contained in the approved Navigant study and
shall include a process for regular updates of bed need projections
and ongoing planning for new mental health beds based on subsequently
revised projections. Defendants' plan shall also address the
feasibility of a "Design and Build" approach for the construction
projects specified in the consolidated plan and shall coordinate the
use of such an approach with any related Design and Built efforts in
the Plata case. Defendants' consolidated plan shall include a
timetable, budget planning and resource allocations to meet projected
populations by June 30, 2011. The consolidated plan shall also include
construction of the 50- bed mental health crisis bed unit at
California Men's Colony proposed in defendants' revised interim bed
plan. Defendants shall accelerate implementation of their plan for new
EOP treatment programs in CDCR Reception Centers so the proposed
programs become operational by January 1, 2007. Defendants shall add
treatment programs for EOP inmates in the Reception Center at
California State Prison, Los Angeles County, in addition to the five
reception centers enumerated in the original plan. The Special Master
shall monitor the added EOP services provided in the six institutions
covered in the plan and report to the court by June 30, 2007 whether
the program needs to be extended to any other CDCR Reception Centers.
Defendants' interim plan for the temporary establishment of 76
inpatient intermediate Department of Mental Health (DMH) beds in the
D-5 and D-6 units at Salinas Valley State Prison and 30 beds in the
P-3 Wing at California Medical Facility is approved. The Special
Master shall review these programs, as well as the other intermediate
inpatient DMH programs opened in California Medical Facility and
Salinas Valley State Prison pursuant to the defendants' interim plan
and report to the court by March 31, 2007 on the defendants' success
in implementing these interim programs. (See Order for details).
(Duong, D)
October 30, 2006
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ORDER signed by Judge John F. Moulds on 10/27/06: The Clerk is
directed to pay to J. Michael Keating, Jr., Coleman Special Master the
amount of $257,032.93 and a copy of this order shall be served on the
financial department of this court. (Kaminski, H)
October 30, 2006
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ORDER signed by Judge John F. Moulds on 10/27/06. Within ten days from
the date of this order the Special Master shall report to the court on
the substance of inmate Stanley's allegations. (Kaminski, H)
October 30, 2006
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ORDER signed by Judge Lawrence K. Karlton on 10/27/06. Within thirty
days from the date of this order, defendants shall deposit with the
Clerk of the Court a forty-fourth interim payment of costs in the
amount of $500,000.00 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.(Mena-Sanchez, L) Modified on 11/2/2006 (Duong, D).
November 2, 2006
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ORDER re 2006 Objections filed by Ralph Coleman, signed by Judge
Lawrence K. Karlton on 11/2/06 ORDERING that defendants are granted
until November 15, 2006 to file a response to plaintiffs' October 31,
2006 objections. On or before December 1, 2006, the Special Master
shall review the plan, plaintiffs' objections thereto, and any
response filed by defendants, and shall report to the court on the
adequacy of defendants' plan. (no copy to M. Hicks and Jerry Stanley).
(Duong, D) Modified on 11/2/2006 (Duong, D).
November 6, 2006
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ORDER signed by Judge Lawrence K. Karlton on 11/6/2006 ORDERING: 2016
MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction To
Enjoin Defendants Illegal Transfers filed by Ralph Coleman is DENIED;
Dfts are to place an appropriately-credentialed mental health
clinician employed by CDCR on the scheduled flight w/the 80 inmates.
Please refer to order for full details. (Matson, R) (Additional
attachment(s) added on 3/6/2009: # (1) Exhibit 1) (Donati, J).
November 16, 2006
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ORDER signed by Judge Lawrence K. Karlton on 11/16/06 ORDERING that
within thirty days from the date of this order, defendants shall
deposit with the Clerk of the Court a forty-fifth interim payment of
costs in the amount of $500,000.00 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. (Duong, D)
November 16, 2006
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ORDER signed by Judge Lawrence K. Karlton on 11/16/06 ORDERING that
dfts' request for an extension of time 2044 is GRANTED. Dfts are
granted until 12/1/06 to file and serve a response to plts' objections
to dfts' submitted plan to address suicides in administrative
segregation units. On or before 12/18/06, the Special Master shall
report to the court on the adequacy of the plan in accordance with the
requirements of this court's 11/2/06 order 2015.(Duong, D)
November 17, 2006
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ncial Department of this Court. (cc: Sac Financial)(Brown, T)ORDER
signed by Judge John F. Moulds on 11/16/06 ORDERING that the Clerk is
DIRECTED to pay J. Michael Keating, the amount of $335,707.54 in
accordance with the attached statement. The Clerk is directed to serve
a copy of this order on the Fina
November 17, 2006
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ORDER signed by Judge Lawrence K. Karlton on 11/17/06 ORDERING that
dfts' request to continue the hearing date 2049 is DENIED. Dfts shall
file an opposition brief or statement of non-opposition by 5:00pm on
12/4/06. There shall be no reply briefs. (Duong, D) Modified on
11/20/2006 (Duong, D).
November 28, 2006
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ORDER signed by Judge Lawrence K. Karlton on 11/28/06 ORDERING that
the request of the CCPOA for leave to file an amicus curiae brief 2057
is GRANTED. Said brief shall be filed and served by 12/4/06 5:00pm.
Clerk is directed to serve a copy of this letter on Ronald Yank and
Gregg McLean Adam at Carroll, Burdick & McDonough, LLP by electronic
mail to gadam@cbmlaw.com. (cc to Ronald Yank)(Duong, D)
December 12, 2006
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ORDER signed by Judge Lawrence K. Karlton on 12/12/06 ORDERING that
plts' Motion Hearing 2036 CONTINUED to 6/4/2007 at 10:00 AM in
Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Duong, D)
December 13, 2006
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ORDER signed by Judge Lawrence K. Karlton on 12/12/06: Upon review of
the submitted pleadings, this court ORDERED that the CDCR clinicians
who travel to the out-of-state site and perform the screenings are to
be provided with monetary compensation, including overtime, and are
not to be paid in the form of non-monetary compensation, such as
compensatory time off. (Brown, T)
December 15, 2006
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ORDER signed by Judge Lawrence K. Karlton on 12/15/06 re 2081 ORDERING
that defendants shall forthwith adopt and implement the proposed
schedule of pay for CDCR mental health clinicians contained in Exhibit
T to the special master's sixteenth round monitoring report. The
provisions of California Government Code sections 19816, 19826, 19829,
19832, 19836, 3516.5 and 3517, and California Code of Regulations
Title 2, section 599.681 are waived solely for the purpose of
implementing the proposed salaries and structural changes set forth in
said Exhibit T. The terms of the salary proposal, once adopted, shall
supersede all existing R&R compensation provided to any and all of the
indicated job classifications, as well as psychiatrist longevity pay
provided in pay differential 325. (Duong, D)
December 19, 2006
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ORDER signed by Judge Lawrence K. Karlton on 12/19/06 ORDERING that
within 15 days from the date of this order defendants shall file and
serve a response to plaintiffs' December 18, 2006 response 2085 to the
special master's sixteenth round monitoring report. Within fifteen
days thereafter the special master shall file and serve a report and,
as appropriate, recommendation for such court action as may be
required. (Duong, D) Modified on 12/19/2006 (Duong, D).
December 20, 2006
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ORDER signed by Judge Lawrence K. Karlton on 12/20/06 ORDERING dfts'
request to file the revised long-range plan for the provision of acute
and intermediate inpatient beds and the provision of enhanced
outpatient program (EOP) beds under seal 2090 is GRANTED. The seal
will terminate on 1/30/07. (Carlos, K)
December 21, 2006
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ORDER signed by Judge Lawrence K. Karlton on 12/21/06 ORDERING that On
or before January 16, 2007, plaintiffs shall filed, under seal, a
response to defendants' final long range bed plan. On or before
February 5, 2007, the special master shall report to the court onthe
adequacy of the plan. (Duong, D)
January 3, 2007
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ORDER signed by Judge Lawrence K. Karlton on 1/3/2007 re 2102 ORDERING
that dfts' request 2101 for an extension of time up to and including
1/17/07, to file a response to plts' response to the Special Master's
Sixteenth Monitoring Report is hereby GRANTED. Within 15 days
thereafter the Special Master shall file and serve a report and
recommendation for such court action as may be required. (Duong, D)
January 5, 2007
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ORDER signed by Judge John F. Moulds on 1/04/2007 ORDERING that the
Clerk is directed to pay to J. Michael Keating, Jr the amount of
$364,536.99 in accordance with the attached statement. A copy of this
order shall be served on the Financial Dept. (cc: CFS).(Duong, D)
January 12, 2007
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ORDER signed by Judge John F. Moulds on 1/11/2007 ORDERING the
11/9/2006 motion 2031 of Robert Hecker, et al. for
permissiveintervention is GRANTED; The 11/9/2006 motion 2031 of Robert
Hecker, et al. for modification of theprotective order filed in this
action on 7/29/1992 is GRANTED; and the protective order filed in this
action on 7/29/1992 is modified inaccordance with the order filed
concurrently with this order.(Matson, R)
January 12, 2007
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MODIFIED PROTECTIVE ORDER signed by Judge John F. Moulds on 1/11/2007.
(Matson, R)
January 25, 2007
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ORDER signed by Judge Lawrence K. Karlton on 1/25/07 re conference on
1/18/07: The parties to each of the above-captioned cases are informed
that the specialmaster in Coleman, the receiver in Plata, and, if and
when appointed, a representative of the court inPerez will hold
monthly meetings for the purpose of working collaboratively on issues
related tocoordination of the remedies in each of the above-captioned
actions. The parties to eachaction will be permitted to submit, in
advance of the meetings, proposed agenda itemsconsideration by the
special masters, the receiver and the Perez court representative. The
undersigned will continue to meet on a quarterly basis with the
special master in Coleman, the receiver in Plata, and the court
representative in Perez to further facilitate the coordinationof the
remedial process in these cases. (Duong, D)
January 26, 2007
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ORDER signed by Judge John F. Moulds on 1/24/2007 ORDERING that the
Clerk is directed to pay J. Michael Keating, Jr., Coleman Special
Master the amount of $293,410.98; and a copy of this order shall be
served on the financial department of this court. (cc
Financial)(Matson, R)
February 1, 2007
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ORDER signed by Judge Lawrence K. Karlton on 2/1/07 ORDERING that
within thirty days from the date of this order, defendants shall
deposit with the Clerk a forty-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
is directed to serve a copy of this order on the Financial Dept.
(Duong, D)
February 6, 2007
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ORDER signed by Judge Lawrence K. Karlton on 2/6/2007 ORDERING this
Court has reviewed the second portion of the stipulation of the
parties concerning the sealing of information containing or indicating
the confidential nature of the identities of those CDCR psychiatrists
hired before 2006 who do not meet minimum credentialing criteria. The
Court approves the stipulated seal and makes it an order of the
court.(Matson, R)
February 6, 2007
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ORDER signed by Judge Lawrence K. Karlton on 2/6/2007 ORDERING 2122
Motion For Leave to File Amicus Curiae Brief in Support of Plaintiffs'
Response to the Special Master's Sixteenth Monitoring Report and
Request for Additional Order is GRANTED; The brief submitted on
1/31/2007 with AFSCME Local 2620's motionelectronically is accepted
and made part of the record herein; andThe Clerk of the Court is
directed to serve a copy of this Order on Andrew H.Baker at Beeson,
Tayer & Bodine by electronic mail to abaker@beesontayer.com. (Order by
electronic mail)(Matson, R)
February 7, 2007
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ORDER signed by Judge Lawrence K. Karlton on 2/6/07: The defendants
shall submit to the court the product of an assessment and a
corresponding plan within 60 days of adoption of this order.
(Kaminski, H)
February 12, 2007
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ORDER signed by Judge Lawrence K. Karlton on 2/9/07 ORDERING that:
dfts' 10/2/06 plan, as amended in their 12/1/06 filing, is approved
subject to the further report of the special master; dfts shall
implement said plan; the special master shall meet with dfts and
pltfs' counsel monthly to follow up, refine and monitor implementation
of each element of the dfts' plan; and w/in 90 days from the date of
this order, the special master shall report back to the court on the
status of dfts' compliance with the plan and shall make such further
recommendations as may be necessary. (Brown, T)
February 23, 2007
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ORDER signed by Judge Lawrence K. Karlton on 2/22/07 ORDERING dfts'
request for an extension of time to respond to Special Master
Keating's Report on Dfts' Long-Range Bed Plan of December 2006 2142 is
GRANTED. The response is now due on 2/27/07. (Carlos, K)
February 28, 2007
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ORDER signed by Judge John F. Moulds on 2/27/07 ORDERING payment in
the amount of $387,812.01 payable to Special Master J. Michael
Keating, Jr. in accordance with the attached statement. A copy of this
order shall be served on the financial department of this court.
(Carlos, K)
March 1, 2007
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ORDER signed by Judge Lawrence K. Karlton on 02/28/07 re 2150 ORDERING
that dfts' ex parte Motion for order approving additional beds at CMF
and CIW and approving temporary space at Mule Creek State Prison 2148
is GRANTED and so orders dfts to implement the proposals. (Duong, D)
March 9, 2007
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ORDER signed by Judge Lawrence K. Karlton on 3/9/07 ORDERING that the
supplemental report of the special master filed 1/22/07 is ADOPTED in
full. The special master shall continue to monitor the swap program
and, on or before 5/1/07, report again in writing on the status of
defendants' interim measures to relieve the mental health crisis bed
shortage and make such recommendations as are appropriate at that
time. (Engbretson, K.)
March 12, 2007
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ORDER signed by Judge Lawrence K. Karlton on 3/9/07 re 16th Report
2081 2082 ORDERING that defendants shall review their "Procedures for
Mental Health Assessment of Inmate Indecent Exposure and Treatment for
Exhibitionism," dated October 10, 2004. Defendants shall consider the
concentration of the CDCR's inmates with exhibitionism or a paraphilia
associated with exhibitionist behaviors in a smaller number of
regional institutions in order to focus staff with requisite training
and skills to provide the treatment services not presently available
in many CDCR institutions. Institutions shall be provided with
specific direction on the appropriate security measures that need to
be adopted, including, if deemed necessary, a requirement for the
creation of an internal high-level custody and mental health committee
to review local residents involving indecent exposure or
exhibitionism. Defendants shall inaugurate a re-thought, fully staffed
program for inmates with exhibitionism or a paraphilia associated with
exhibitionist behaviors in at least three institutions by July 1,
2007. (Duong, D)
March 12, 2007
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ORDER signed by Judge Lawrence K. Karlton on 3/9/05 re 17th Report
2140 ORDERING that Defendants shall implement forthwith paragraph 4 of
this court's order datedMarch 7, 2005 which required defendants to
collect data and report on referrals and transfers to Department of
Mental Health (DMH) programs. If the defendants are unable to do so,
they shall file within thirty days a report specifying the reasons for
their inability to comply together with a plan for coming into
compliance with the March 7, 2005 order 1654 within the following
sixty days. If defendants have not come into compliance with the March
7, 2005 order within ninety daysfrom the date of this order, they will
be ordered to show cause why they should not be held incontempt of
court. Defendants' failure to comply with this order and paragraph 4
of the March 7, 2005 order will not be excused by lack of a
computerized system capable of generating the data needed for the
required report; the necessary data and summaries may be collected and
prepared manually. Within ninety days from the date of this order
defendants shall develop a mechanism for compiling accurate data on
referrals and transfers to more intensive levels of California
Department of Corrections and Rehabilitation (CDCR) mental health
treatment, including referrals and transfers to Mental Health Crisis
Bed Units, Mental Health Outpatient Hospital Units, Psychiatric
Services Units, Enhanced Outpatient Program hub administrative
segregation hub units and Enhanced Outpatient Programs from Reception
Centers. Each CDCR institution shall record and track the dates of
referrals and transfers to each of these programs.Each institution
shall also prepare and submit monthly to the Division of Correctional
HealthCare Services an institutional summary of all referrals and
transfers, including those pending aswell as all referrals, rejections
and transfers that occurred during the preceding month, within twenty
days of the end of each month. Defendants shall work with the special
master's experts to review the provision of Enhanced Outpatient
Programs (EOPs) in administrative segregation units. The review
process shall conduct an audit of the EOP administrative segregation
population and examine more effective ways for reducing the lengths of
stay of EOP inmates in administrative segregation; alternative methods
for the delivery of mental health treatment, including the use of a
different mix of clinical and paraclinical professionals; the use of
different housing and/or service models for particular categories of
EOP administrative segregation inmates; and any other strategy or
approach likely to better serve the treatment needs of EOP
administrative segregation inmates. The study shall result in a brief
report, prepared within ninety days from the date of this order, which
shall be shared with parties, counsel and the court. (Duong, D)
March 13, 2007
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from date of entry of this order at the rate provided by 28 U.S.C.
section 1961. (Engbretson, K.)ORDER signed by Judge John F. Moulds on
3/12/07. Pursuant to the stipulation filed 2/9/07 2137, IT IS HEREBY
ORDERED that Pltfs fees and costs of $378,349.00, plus interest are
due as of 45 days from the date of this order. Daily interest runs
March 16, 2007
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ORDER signed by Judge Lawrence K. Karlton on 03/15/07 ORDERING that
within thirty days from the date of this order, defendants shall
deposit with theClerk of the Court a 47th 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) Modified on
3/16/2007 (Duong, D).
March 20, 2007
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ORDER signed by Judge Lawrence K. Karlton on 03/19/07 ORDERING that
the special master's request for approval of appointment ofadditional
staff 2161 is granted; and The special master is authorized to appoint
Kathryn A. Burns, M.D., M.P.H.,Mary Perrien, Ph.D., Yong Joo Erwin,
L.C.S.W., and Mary-Joy Spencer, Esq. as a staff membersto perform the
duties set forth in the Special Master's Request for the Appointment
of AdditionalStaff, and to be compensated at the rates set forth
therein. (Duong, D)
March 23, 2007
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ORDER signed by Judge John F. Moulds on 3/22/2007 ORDERING the Clerk
to pay J. Michael Keating, Jr. the amount of $334,058.43; and a copy
of this order be served on financial. (cc Financial)(Matson, R)
March 27, 2007
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ORDER signed by Judge Lawrence K. Karlton on 03/26/07 ORDERING that
The special master's report 2133 is ADOPTED. Defendants shall complete
and occupy the 50-bed mental health crisis bed units at California
Medical Facility and California Men's Colony as soon as possible.
Within ninety days defendants shall provide to the special master a
detailed report on how CDCR's assumption of responsibility for
services presently provided to class members by DMH will be
accomplished and, if further study suggests such assumption of
responsibility is not feasible, what alternative(s) will be pursued.
(Duong, D)
March 28, 2007
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ORDER signed by Judge Lawrence K. Karlton on 03/28/07 re 2176 ORDERING
that this Court has reviewed dfts' ex parte motion for an order
approving the plan to construct twenty permanent psychiatric services
unit (PSU) beds at California Institution for Women. Upon good cause
appearing, the Court hereby grants the ex parte motion 2175 and orders
implementation of the plan forthwith. (Duong, D)
April 17, 2007
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ORDER signed by Judge Lawrence K. Karlton on 04/17/07 ORDERING that
The special master's report 2186 is ADOPTED in full. By June 15, 2007,
defendants shall file a supplemental report which addresses two
issues: CDCR's relationship with DMH and CDCR's consolidation plan.
This supplemental report supersedes the report required in the court's
March 27, 2007 order 2178. (Duong, D) Modified on 4/19/2007 (Duong,
D). Modified on 4/23/2007 (Duong, D).
April 18, 2007
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ORDER signed by Judge Lawrence K. Karlton on 04/17/07 ORDERING that
AFSCME Local 2620's Motion to file an amicus curiae brief 2189 in
support of plts' motion for emergency relief regarding defendants'
Denial of Access to Inpatient Psychiatric Beds in DMH's State
Hospitals is hereby granted. Said brief shall be filed and served on
April 16, 2007. (Duong, D)
April 30, 2007
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ORDER signed by Judge John F. Moulds on 4/27/2007 ORDERING that the
Clerk is directed to pay J. Michael Keating Jr., Coleman Special
Master the amountof $263,918.01; and a copy of this order served on
financial. (cc Financial)(Matson, R)
May 1, 2007
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ORDER signed by Judge John F. Moulds on 5/1/2007 ORDERING that pltf's
fees and costs of $413,256.14 plus interest are due and collectable as
of 45 days from the date of entry of this order.(Matson, R)
May 4, 2007
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ORDER signed by Judge Lawrence K. Karlton on 5/3/07 ORDERING that the
parties shall file supplemental briefs re pltfs' 2036 MOTION To
Convene a Three Judge Panel to Limit the Prison Population, on or
before 5/24/07.(Brown, T)
May 16, 2007
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ORDER signed by Judge Lawrence K. Karlton on 5/16/07 ORDERING that the
special masters' 5/14/07 2211 request for approval of appointment of
addt'l staff and increased compensation is GRANTED. The special master
is authorized to appoint Dr. Angela P. Shannon and Henry A. Dlugacz,
Esq. The compensation for Yong Joo Erwin for time spent working on
this action, other than travel time, is increased to $225.00 per hr to
take effect on the date this order is filed. (Kastilahn, A)
May 17, 2007
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ORDER signed by Judge Lawrence K. Karlton on 05/16/07 ORDERING that
the application of Psychhology Shield for leave to file an amicus
curiae brief 2212 in support of plts' motion for emergency relief
regarding access to Department of Mental Health Beds is GRANTED.
(Duong, D)
May 17, 2007
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ORDER signed by Judge Lawrence K. Karlton on 5/17/2007 ORDERING This
matter is set for hearing on June 4, 2007 on plaintiffs' motion to
convene a three judge panel to limit the prison population pursuant to
18 U.S.C. ? 3626(a)(3). Good cause appearing, the special master shall
provide the information to the court, on or before May 31, 2007.
(Reader, L)
May 18, 2007
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ORDER signed by Judge Lawrence K. Karlton on 5/17/07 ORDERING that
2217 the application of CA Psychiatric Assoc for leave to file an
amicus curiae brief is GRANTED. (Kastilahn, A)
May 23, 2007
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ORDER signed by Judge Lawrence K. Karlton on 5/23/2007 ORDERING w/in 3
weeks from the date of this order, dfts shall file with the court a
plan to provide pay at parity with the pay scales approved by the
court in its 12/15/06 order for all DMH psychiatrists, psychologists,
licensed clinical social workers, andpsychiatric technicians providing
care to members of the Coleman class at any state run facility,
whether such facility is a DMH hospital or a CDCR prison institution;
w/in 3 weeks from the date of this order, dfts shall consider and
report to the court on the feasibility of other options for forthwith
remedying the limitation on admission of Coleman class members to
Atascadero State Hospital caused by the staffing shortage, including
but not limited to contracting with outside psychiatrists and other
necessary psychiatric staff to provide sufficient staffing for the
Coleman beds at Atascadero State Hospital; w/in 3 weeks from the date
of this order, dfts shall file a report identifying the job titles and
number of staff members required, pursuant to applicable staffing
ratios, to provide care to; w/in 1 week thereafter, pltfs shall file
and serve a response to the plan and the report required by paragraphs
1 and 2 of this order; w/in 3 weeks from the date of this order, dfts
shall file, concurrently with the plan required by the previous
paragraph of this order, a first month report of referrals, pending
referrals, rejections, and transfers, of inmates from any level of
outpatient mental health care to any level of inpatient mental health
care, and from any level of inpatient mental health care to a
different level of mental health care.2165(Reader, L)
May 23, 2007
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ORDER signed by Judge Lawrence K. Karlton on 5/23/2007 ORDERING the
Special Master's 5/1/07 2208 Supplemental Report and recommendations
contained therein are adopted in full; the bed swap between California
Medical Facility and Atascadero State Hospital is reversed; and the 25
beds at Atascadero State Hospital that were included in the swap shall
be returned to use as mental health crisis beds for Coleman class
members. (Reader, L)
May 25, 2007
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ORDER signed by Judge Lawrence K. Karlton on 5/24/07 ORDERING that
within 30 days from the date of this order, dfts shall deposit with
the Clerk a forty-eight interim pymt of costs in the amt of
$750,000.00 which amt 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)
May 29, 2007
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ORDER signed by Judge Lawrence K. Karlton on 05/29/07 ORDERING that
the parties in the above-captioned cases are granted until June 15,
2007 to file and serve a response to the request for court approval of
these agreements. Any response to this order shall be filed in each of
the above-captioned cases and served on all of the parties to all of
the cases and on the Receiver, the Special Master, and the Court
Representatives. Thereafter, the request for approval of the
agreements will be taken under submission for individual and joint
consideration by the undersigned. (Duong, D)
May 29, 2007
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ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton on 05/29/07
ORDERING that on or before June 4, 2007, the parties in the above
captioned cases shall show cause in writing why the pending motions to
limit the prison population should not be heard jointly at one hearing
before the undersigned. All responses to this order to show cause
shall be filed in each of the above-captioned cases and served on all
of the parties to each action and on the Plata Receiver and the
Coleman Special Master. The hearings set in the two cases are vacated
and will be reset following resolution of the instant order to show
cause. (Duong, D)
June 1, 2007
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ORDER signed by Judge Lawrence K. Karlton on 5/31/07. Defendant's
Request to amend factual finding of Special Master concerning use of
inmate day labor in construction of small management yards is DENIED
without prejudice. Defendant's Objections to Special Master's 5/14/07
Report and recommendations contained are ADOPTED in full. Within 90
days from date of Order, defendants shall submit plan that will
satisfy their need for sufficient small management yards to meet Title
15 exercise requirements for inmates in administrative segregation.
Within 60 days from date of Order, defendants shall accomplish tasks
listed in text of Order. (Marciel, M)
June 7, 2007
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ORDER 2262 re Joint Hearing signed by Judge Lawrence K. Karlton on
6/7/07. The Receiver shall file his Supplemental Report no later than
6/11/07. Any Response to Receiver's Supplemental Report shall be filed
no later than 6/18/07. Joint Hearing on Motions set for 6/27/2007 at
10:30 AM in Courtroom 1 (LKK). (Marciel, M)
June 12, 2007
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ORDER signed by Judge John F. Moulds on 6/12/2007 ORDERING the Clerk
to pay Matthew A. Lopes, Jr., ESQ the amount of $460,457.17; A copy of
this order shall be served on the financial department of this court.
(cc Financial)(Matson, R)
June 13, 2007
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ORDER signed by Judge John F. Moulds on 6/12/07 ORDERING parties will
have until 6/15/07 to complete their meet and confer regarding
disputed attorneys' fees, costs and expense incurred in 2006. If the
parties are unable to fully resolve th disputed amounts by 6/15/07,
pltfs shall file a motion to compel payment on or before 7/13/07.
(Carlos, K)
June 13, 2007
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ORDER signed by Judge Lawrence K. Karlton on 6/13/07 GRANTED in PART
Dfts' 2264 Request for extension of time; Dfts are granted a 30 day
extension of time until 7/11/07 to file and serve the report and plan
for improvement of enhanced outpatient programs in administrative
segregation units required by this court's 3/9/07 and 6/1/07 orders
2156, 2255. (Reader, L)
June 21, 2007
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ORDER signed by Judge John F. Moulds on 6/21/07 ORDERING that the
Clerk is directed to pay Matthew A. Lopez, Jr., Esq., Deputy Special
Master the amount of $421,718.19 in accordance with the attached
statment. Clerk shall serve a copy of this order on the financial
department for the court. (Waggoner, D)
June 22, 2007
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ORDER signed by Judge Lawrence K. Karlton on 06/21/07 ORDERING that
within thirty days from the date of this order, defendants shall
deposit with the Clerk of the Court a forty-ninth interim payment of
costs in the amount of $750,000 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.
(Duong, D)
June 25, 2007
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ORDER signed by Judge Lawrence K. Karlton on 06/22/07 ORDERING that
the 2229 application of the Union of American Physicians and Dentists
to file an amicus curiae brief is GRANTED; the 2232 application of the
Service Employees International Union to file an amicus curiae brief
is GRANTED.(Manzer, C)
June 28, 2007
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ORDER signed by Judge Lawrence K. Karlton on 6/28/07 GRANTING 2276
Defendants' Request for Extension of Time. Not later than 8/17/07,
defendants shall file a supplemental report required by this court's
4/17/07 order.(Donati, J)
June 28, 2007
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ORDER signed by Judge Lawrence K. Karlton on 6/28/07 APPROVING the six
identified coordination agreements and ORDERING that the receiver
shall henceforth file in Coleman quarterly progress reports and Perez
quarterly progress reports. (Donati, J)
June 28, 2007
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ORDER signed by Judge Lawrence K. Karlton on 6/28/07 ORDERING that the
Defendants shall forthwith implement the pay scales for DMH clinicians
set forth in their 6/14/07 response to this court's 5/23/07 order.
Within 30 days from the date of this order, defendants shall file with
the court a plan for making available up to 125 intermediate care beds
for Colemant class members referred to ASH for treatment. On or before
11/30/07, defendants shall file with the special master a plan for
making available the full complement of 231 intermediate care beds for
Coleman class members referred to ASH for treatment. The defendants
shall continue to provide the special master with monthly reports on
the information required by paragraph 5 of this court's 5/23/07 order.
The department shall, in its report, inform the court of the name and
job description of the person having immediate responsibility for
insuring compliance with the court's order. (Donati, J)
July 3, 2007
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ORDER signed by Judge Lawrence K. Karlton on 7/3/07 ORDERING that the
parties shall file additional briefing. Defendants shall file
additional briefing no later than 7/11/07. Plaintiffs shall file a
reply no later than 7/18/07.(Donati, J)
July 6, 2007
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ORDER signed by Judge Lawrence K. Karlton on 7/5/2007 ORDERING 2304
this Court APPROVES the stipulation and orders that paragraph ten of
the 3/7/2005 1654, Order is modified such that Defendants are no
longer required to report to the Special Master regarding the enhanced
outpatient population in the hub units at CSP in Corcoran, San Quentin
State Prison, and R.J. Donovan Correctional Facility. (Reader, L)
July 23, 2007
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ORDER signed by Judge Lawrence K. Karlton on 7/23/07 GRANTING 2036
Motion to convene a three-judge panel to limit the prison population.
The clerk is directed to serve a copy of this order on the Chief Judge
of the 9th Circuit Court of Appeals. (Donati, J)
July 24, 2007
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ORDER signed by Judge Lawrence K. Karlton on 7/24/07 ORDERING the
paragraph thre of the 1/26/0rder 1638 on Motion to Modify Licensure of
Intermediate Care Facility/Day Treatment Program at CMF, Vacaville is
modified to require dfts' status reports on the Intermediate Care and
Day Treatment Programs at CMF to be submitted on a monthly basis by
the 7th business day of each month. (Duong, D)
July 25, 2007
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STIPULATION and ORDER signed by Judge John F. Moulds on 7/24/07.MOTION
deadline 7/25/2007. Opposition deadline 8/10/07. Reply deadline
8/21/07. Hearing 9/9/07 (or the earliest hearing date available
thereafter). (Mena-Sanchez, L)
July 26, 2007
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ORDER signed by Chief Judge of the Ninth Circuit Mary M. Schroeder on
7/26/07 GRANTING 2320 Request for Apointment of a single three-judge
distict court pursuant to 28 USC 2284. It is hereby DESIGNATED and
APPOINTED that Honorable Stephen Reinhardt, US Circuit Judge for the
Ninth Circuit, to sit with the Honorable Lawrence K. Karlton and the
Honorable Thelton E. Henderson to hear and determine the above
entitled causes. (Donati, J)
July 27, 2007
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ORDER signed by Judge John F. Moulds on 07/26/07 ORDERING that the
Clerk is directed to pay to Matthew A. Lopes Jr., Esq the amount of
$321,054.31 in accordance with the attached statement. A copy of this
order shall be served on the CFS. (Duong, D)
July 31, 2007
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ORDER signed by Judge Lawrence K. Karlton on 7/31/07 DENYING 2330
Motion to Stay. (Donati, J)
July 31, 2007
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ORDER from Three-Judge Court signed by Judge Lawrence K. Karlton,
Thelton E. Henderson and Stephen Reinhardt on 7/31/07 ORDERING that
within 15 days from the date of this order, the parties shall file and
serve status reports setting forth their respective views on what
proceedings are appropriate to the resolution of the issues before the
three-judge court. (Donati, J)
August 1, 2007
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ORDER signed by Judge Lawrence K. Karlton on 8/1/07 GRANTING 2336
Request for Extension of Time. Defendants shall file proof that
cardiopulmonary resuscitation refresher training was accomplished no
later than 8/6/07. Defendants shall file a plan to address welfare
checks in administrative segregation units no later than 8/6/07.
Defendants request for a two-week extension of the deadline for filing
a survey of the television and radio access is GRANTED. (Donati, J)
August 2, 2007
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ORDER signed by Judge Lawrence K. Karlton on 8/2/07 ORDERING that the
special master shall meet and confer with the parties concerning the
adequacy of the plan and shall report to the court thereon in his
twentieth round monitoring report. (Kastilahn, A)
August 2, 2007
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ORDER signed by Judge Lawrence K. Karlton on 8/2/07 ORDERING that
dfts' plan appears to take seriously the finding in this court's
6/28/07 order that the declining Coleman population at ASH was
unacceptable. The plan does contain a number of caveats. Given the
urgent need for the intermediate care beds for Coleman class members,
the court will require dfts to provide an interim report to the court
on the status of ASH admissions for Coleman class members under the
plan. The report shall be filed on or before 10/12/07 with this court.
(Kastilahn, A)
August 2, 2007
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ORDER signed by Judge Lawrence K. Karlton on 8/2/07 ORDERING that this
matter is referred back to the special master for review of the 7/2/07
recommendations in light of dfts' objections and pltfs' response
thereto. Within 15 days thereafter, the special master shall file such
supplemental report and recommendations as he deems appropriate.
(Kastilahn, A)
August 2, 2007
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ORDER signed by Judge Lawrence K. Karlton on 8/2/07 ORDERING that
within 60 days from the date of this order dfts shall develop a plan
for identifying and developing the changes deemed necessary to broaden
the impact of the mental health assessment process in prison
disciplinary matters on 3CMS inmates, testing those changes and
implementing them systemwide. The plan shall be submitted to the
special master and to pltfs' counsel for review and comment. The
special master shall report to the court on the adequacy of this plan
and make any appropriate recommendations in the next regularly
scheduled monitoring report. Within 60 days from the date of this
order, dfts shall develop a plan, funding proposal and timetable for
implementing an effective staff recruitment capability and strategy.
The special master shall report to the court on the adequacy of this
plan and make any appropriate recommendations in the next regularly
scheduled monitoring report, unless in his judgment court action with
respect to the plan is required at an earlier date. (Kastilahn, A)
August 10, 2007
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ORDER signed by Judge Lawrence K. Karlton on 8/9/07: The special
master's August 9, 2007 request for appointment of additional staff is
GRANTED 2351. The special master is authorized to appoint I.C. Haunani
Henry and J. Ronald Metz to his staff to perform the duties set forth
in the Special Master's Request and to be compensated at the rates set
forth therein. (Kaminski, H)
August 15, 2007
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ORDER signed by Judge John F. Moulds on 8/14/2007 GRANTING 2353
Stipulation; IT IS HEREBY ORDERED that pltfs' fees and costs of
$381,419.27, plus interest, are due and collectable as of 45 days from
the date of entry of this Order. Daily Interest runs from date of
entry of this Order; and that pltfs' fees and costs of $7,433.32, plus
interest, are due and collectable as of 45 days from the date of entry
of this Order. Daily interest runs on $7,353.32 at 4.96 percent from
12/22/2006 ($1.01 per day) and interest runs on $80.00 at 4.90 percent
from 3/2/2007 ($0.01 per day).(Matson, R)
August 15, 2007
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7. (Donati, J)ORDER signed by Judge Lawrence K. Karlton on 8/15/07
GRANTING 2366 Ex Parte Application for a one-week extension.
Defendants shall file the supplemental report on television and radio
access in Administrative segregation units not later than 8/21/0
August 17, 2007
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THREE-JUDGE ORDER signed by Judge Lawrence K. Karlton, Stephen
Reinhardt, and Thelton E. Hernderson on 8/17/07 GRANTING 2367, 2368
and 2362 Motions to Intervene. 2366 Request for an extension of the
deadline for filing initial status reports is DENIED. Parties and
intervenors shall advise the court of their respective positions at
the initial hearing to be scheduled by the court. All motions to
intervene in the proceedings before this court shall be filed and
served no later than 9/14/07. All discovery disputes arising in
proceedings before this court are hereby referred to the Honorable
John F. Moulds. (Donati, J)
August 23, 2007
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ORDER signed by Judge Lawrence K. Karlton on 8/23/07: Defendants'
August 17, 2007 supplemental report is referred to the special master
for review. Within thirty days from the date of this order, the
special master shall make such recommendations as are appropriate
based on that review, including but not limited to whether this court
should set a hearing on approval of some or all of the as-yet
unapproved parts of defendants' long- range bed plan 2375. (Kaminski,
H)
August 27, 2007
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ORDER signed by Judge Lawrence K. Karlton on 8/27/2007 ORDERING 2357
Plaintiffs' Request for relief is DENIED without prejudice. (Reader,
L) Modified on 8/27/2007 (Donati, J).
August 29, 2007
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ORDER signed by Judge John F. Moulds on 8/28/2007 ORDERING that the
Clerk is directed to pay to Matthew A. Lopes, Jr., Esq., Deputy
Special Master, the amount of $296,028.95 in accordance with the
statement herewith. Copy of this order shall be served on the
financial unit of this court. (Waggoner, D)
August 29, 2007
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THREE-JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Stephen
Reinhardt and Thelton E. Hernderson on 8/29/07 Setting Initial Hearing
for 9/24/2007 at 01:30 PM before the Three-Judge Court in the
Ceremonial Courtroom of the United States District Court, Northern
District of California, in San Francisco. (Donati, J)
September 11, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge John F. Moulds on
9/10/2007 recommending that 2325 Motion to Compel Attorney Fees filed
by Ralph Coleman be granted in part and denied in part. That parties
be directed to meet and confer concerning payment of fees and costs
w/i 30 days from any order by district court adopting these findings
and recommendations. Objections may be filed w/i 10 days after being
served with findings and recommendations.(Waggoner, D)
September 12, 2007
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ORDER signed by Judge Lawrence K. Karlton on 09/12/07 ORDERING that
within thirty days from the date of this order, defendants shall
deposit with the Clerk of the Court a fiftieth interim payment of
costs in the amount of $750,000 whichamount 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. (Duong, D)
September 13, 2007
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ORDER signed by Judge John F. Moulds on 9/12/07 ORDERING that the
clerk is to pay to Matthew A. Lopes, Jr., Esq., Deputy Special Master
the amt. of $239,963.98 in accordance w/ the statement; and a copy of
this order to be served on the financial department of this court.
(cc: Financial-Sac) (Yin, K)
September 14, 2007
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ORDER signed by Judge Lawrence K. Karlton on 9/14/2007 GRANTING 2393
Dfts' Request for extension of time. Dfts are granted 45 days from the
date of this order in which to submit a plan for sufficent small
exercise yards as required by this court's 6/1/2007 order.
2255(Reader, L)
September 19, 2007
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THREE-JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Stephen
Reinhardt and Thelton E. Henderson on 9/19/07. The County Intervenors'
2404 MOTION to Intervene is GRANTED. The Senate Republican
Intervenors' 2410 MOTION to Intervene is GRANTED. The Sonoma County
Intervenors' 2411 MOTION to Intervene is GRANTED. The Sonoma County
Intervenors are ORDERED TO SHOW CAUSE at 9/24/07 Hearing why their
intervention pleading should not be servered and County of Sonoma's
pleading consolidated with County Intervenors. The CCPOA's 2420 MOTION
to Intervene is GRANTED. The new District Attorneys Intervenors' 2419
MOTION to Intervene is GRANTED. The Police Chief Intervenors' 2421
MOTION to Intervene is GRANTED. (Marciel, M) Modified on 9/25/2007
(Donati, J).
September 25, 2007
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THREE-JUDGE ORDER signed by Judges Lawrence K. Karlton, Stephen
Reinhardt and Thelton E. Henderson on 9/25/07 ORDERING that discovery
is open. Responses to any written discovery requests served prior to
the date of this order will be due 30 days from the date of this
order. The court will set discovery and other deadlines by subsequent
order. (Donati, J)
October 3, 2007
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ORDER signed by Judge Lawrence K. Karlton on 10/2/2007 ORDERING that
the 7/2/2007 recommendations of the special master, as revised and
supplemented on 8/15/2007, are ADOPTED IN FULL.(Matson, R)
October 5, 2007
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nd costs incurred by pltfs in connection with their 11/13/06 motion to
convene a three-judge panel and their 11/2/06 motion for tro and
prelim injunction. (Kastilahn, A)ORDER signed by Judge Lawrence K.
Karlton on 10/5/07 ADOPTING in FULL 2397 FINDINGS and RECOMMENDATIONS.
Dfts' 2431 9/21/07 motion for ext of time is GRANTED. Dfts' 2438
9/28/07 objections to the 9/11/07 findings and recommendations are
deemed timely filed. Pltfs' 2325 7/25/07 motion to compel disputed
fees and costs is GRANTED in part and DENIED in part. Within 30 days
from the date of this order, the parties shall meet and confer
concerning pymt of attys' fees a
October 9, 2007
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ORDER signed by Judge Lawrence K. Karlton on 10/5/07 ORDERING that
effective 11/1/07, Atty Matthew A. Lopes, Jr. shall assume the duties
and responsibilities of the special master in this action as outlined
in the court's 12/11/95 order, and shall be compensated at the rates
set forth in this order. Effective 11/1/07, Attys Linda E. Buffardi
and Mohamedu F. Jones shall serve as deputy special masters in this
action and shall be compensated at the rates set forth in this order.
(Kastilahn, A)
October 10, 2007
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THREE-JUDGE ORDER signed by Judges Lawrence K. Karlton, Stephen
Reinhardt and Thelton E. Henderson on 10/10/07: Phase I of proceedings
will be litigated by plaintiffs and defendants. In addition, CCPOA, a
non- statutory intervenor, will be permitted to participate in Phase
I, along with plaintiffs and defendants.Only plaintiffs, CCPOA, and
defendants will be permitted to engage in discovery during Phase I.
Said discovery, including but not limited to all expert depositions,
must be completed by December 20, 2007. These parties shall disclose
their experts and shall serve the reports of said experts on or before
November 9, 2007. On or before December 20, 2007, plaintiffs, CCPOA,
and defendants shall file a joint pretrial statement. A pretrial
conference and hearing on motions in limine, including any Daubert
motions, will be held on Wednesday, January 16, 2008, at 10:00 AM in
the US District Court for the Northern District of California. Court
trial of Phase I will commence on February 6, 2008 at 10:00 AM in the
US District Court for the Northern District of California. (Kaminski,
H)
October 17, 2007
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ORDER signed by Judge Lawrence K. Karlton on 10/17/07. Within 30 days
from date of Order, defendants shall deposit with Clerk a 51st interim
payment of costs in amount of $750,000 which shall be invested in
interest-bearing account previously opened for action. Clerk directed
to serve copy of Order on Financial Department. (Marciel, M)
October 18, 2007
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ORDER signed by Judge Lawrence K. Karlton on 10/17/07 ORDERING that
the special master's report 2432 is ACCEPTED in FULL and his
recommendations ADOPTED as modified herein. Defendants' August 2007
supplemental bed plan is approved. The special master shall report to
the court in his twentieth round monitoring report on the status of
defendants' efforts to meet fully the projected needs for female
enhanced outpatient and enhanced outpatient-administrative segregation
unit beds. Plaintiffs' request for an order mandating ongoing and
close supervision of the consolidated care center construction plans
and programmatic design plans for compliance with the Americans with
Disabilities Act and other federal laws is denied without prejudice.
Plaintif's request for an expedited time frame for planning for and
completion of adequate mental health treatment and counseling space at
California Medical Facility and Salinas Valley State Prison is DENIED.
Defendants are granted a period of thirty days from the date of this
order to determine whether the Joint Commission on Accreditation of
Healthcare Organizations providesaccreditation for intermediate care
beds in a non-hospital prison setting. Assuming that it does, within
six months thereafter defendants shall submit to the special master a
plan with timeframes for meeting and procuring for all California
Department of Corrections and Rehabilitation-operated inpatient
programs applicable State licensure and accreditation by the Joint
Commission on Accreditation of Healthcare Organizations. Within six
months from the date of this order, defendants shall submit to the
special master the following plans as listed. Within 120 days from the
date of this order defendants shall submit to the special master a
development proposal for adequate mental health treatment and
counseling space at Salinas Valley State Prison. Within 150 days from
the date of this order defendants shall submit to the special master a
development proposal for adequate mental health treatment and
counseling space at California Medical Facility. (Duong, D)
October 19, 2007
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ORDER signed by Judge John F. Moulds on 10/19/07 ORDERING the hearing
on the motion regarding discovery issues is set for 10/25/07. Parties
are to file their joint statement re discovery disagreements. The
hearing on the motion re discovery disagreements may be submitted by a
joint status statement on 10/22/07 and heard by October 25, 2007 at
11:00 AM in Courtroom 26 (JFM) before Magistrate Judge John F. Moulds.
(Carlos, K) Modified on 10/22/2007 (Carlos, K).
October 22, 2007
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ORDER signed by Judge John F. Moulds on 10/19/07. The Clerk of the
Court is directed to pay to Matthew A. Lopes, Jr. Esq. Deputy Special
Master, Pannone Lopes & Devereaux LLC 317 Iron Horse Way, Suite 301
Providence, RI 02908 the amount of $377,660.88 in accordance with the
attached statement; A copy of this order shall be served on the
financial department of this court.(Mena-Sanchez, L)
October 26, 2007
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AMENDED ORDER signed by Judge John F. Moulds on 10/26/07 DIRECTING
PAYMENT to the special master. (cc: Financial)(Dillon, M)
October 29, 2007
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ORDER signed by Judge Lawrence K. Karlton on 10/26/07. The Special
Master's 2486 Request for Approval of Appointment of Staff is GRANTED.
The Special Master authorized to appoint Kerry Walsh, Esq. as monitor
to perform duties set forth in 2486 Request and to be compensated at
rates set forth therein. (Marciel, M)
October 30, 2007
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ORDER signed by Judge John F. Moulds on 10/30/07 ORDERING that Pltf's
experts shall be permitted to confer with prison staff and members of
the pltf classes during site inspections; Dfts to provide reasonable
notice to pltfs and to CCPOA of prison site inspection; On or before
11/01/07, Dfts shall produce all documents responsive to 9/5/07
request; Responses to discovery requests served on 10/17/07 are due by
11/09/07; Responses to requests served on 10/23/07 are due by
11/15/07; Responses to requests served on 10/25/07 are due 21 days
from date of service. Pltf's objection to the discovery requests filed
10/22/07 is sustained.(Dillon, M)
November 1, 2007
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THREE-JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Stephen
Reinhardt and Thelton E. Henderson on 11/1/07 ORDERING that the court
APPOINTS Elwood Lui, Esq. to serve as settlement referee in these
proceedings to aid the parties, including intervenors, in settlement
discussions. (Donati, J)
November 8, 2007
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STIPULATION and ORDER signed by Judge John F. Moulds on 11/7/07 and
agreed between the parties GRANTING dfts leave under F.R.C.P 30(a)(2)
re the limitation of depositions of incarcerated persons. (Yin, K)
November 8, 2007
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ORDER SETTING CONDITIONS ON INTERVENORS' PARTICIPATION IN SETTLEMENT
DISCUSSIONS signed by Judge Lawrence K. Karlton on 11/8/07.
(Mena-Sanchez, L)
November 9, 2007
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THREE-JUDGE ORDER signed by Judge Lawrence K. Karlton, Stephen
Reinhardt and Thelton E. Henderson on 11/9/07 ORDERING that the motion
for leave to file an amicus curiae brief 2506 is GRANTED. (Engbretson,
K.)
November 9, 2007
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ORDER signed by Judge Lawrence K. Karlton on 11/9/07 ORDERING that
Richard Edwards' request for leave to file an amicus curiae brief 2429
is DENIED. The Clerk is directed to serve a copy of this order on Mr.
Edwards at I.S.P. PO Box 2199, Blythe, CA 92226. (Engbretson, K.)
November 9, 2007
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THREE-JUDGE COURT ORDER on Motion for Reconsideration and/or
Clarification and Order Consolidating Republican Assembly and State
Interventions signed by Judge Lawrence K. Karlton, Judge Stephen
Reinhardt and Judge Thelton E. Henderson on 11/9/2007 ORDERING the
10/23/2007 Motion is GRANTED IN PART AND DENIED IN PART; The
bifurcation order filed 10/10/2007 is confirmed; and Intervenors
11/2/2007 request for a stay is moot and is therefore DENIED.(Matson,
R)
November 13, 2007
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ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton, Judge Thelton
E. Henderson, Judge Jeffrey S. White and Judge Claudia Wilken on
11/13/07 ORDERING that the parties are GRANTED until 11/26/07 to Show
Cause why the attached agreement should not be adopted as an order of
the court. (Kastilahn, A) Modified on 11/13/2007 (Kastilahn, A).
November 19, 2007
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ORDER signed by Judge Lawrence K. Karlton on 11/16/07. Within 15 days
from date of Order, defendants shall file and serve a Response to
plaintiffs' 11/13/07 Notice of Non-Compliance. (Marciel, M)
November 20, 2007
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THREE-JUDGE COURT ORDER signed by Judge John F. Moulds on 11/19/2007:
Plaintiffs take issue with defendants' claims of privilege. If these
disputes are not resolved, this court will hear argument on the matter
on 12/6/2007 at 2:00 p.m. Plaintiffs' moving papers shall be filed and
served on or before 11/30/2007, and defendants' opposition shall be
filed and served on or before 12/4/2007.(Matson, R)
November 27, 2007
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ORDER signed by Judge John F. Moulds on 11/27/07 ORDERING dfts'
11/20/07 motion for reconsideration 2547 by this court of its 11/1907
order directing submission of documents for in camera review, and/or
for stay of that order, is DENIED. (Carlos, K)
November 27, 2007
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THREE JUDGE COURT ORDER denying defendants' 2554 motion for
reconsideration and motion for stay of order to produce disk for in
camera review signed by Judge Lawrence K. Karlton, Judge Stephen
Reinhardt, Judge Thelton E. Henderson on 11/27/07 ORDERING that
Defendants motion for reconsideration or, in the alternative, a stay
of Judge Mouldss orders to submit documents for in camera review is
DENIED. (Anderson, J)
November 27, 2007
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ORDER re Joint Statement Re Discovery 2555 ORDERING plaintiff's motion
for protective order re noticed depositons is DENIED. Defendant's
motion to compel further responses to interrogatories and requests for
production as refined is GRANTED signed by Judge John F. Moulds on
11/27/07. (Holland, K)
November 28, 2007
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ORDER CONFIRMING UNDISPUTED ATTORNEYS'FEES AND COSTS FOR THE SECOND
QUARTER OF 2007 signed by Judge John F. Moulds on 11/27/07.
(Mena-Sanchez, L)
November 29, 2007
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ORDER signed by Judge Lawrence K. Karlton on 11/29/07 ORDERING that
within 30 days from the date of this order, defendants shall deposit
with the Clerk of the Court a fifty-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. (cc: Financial)(Anderson, J)
November 29, 2007
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PROTECTIVE ORDER signed by Judge Lawrence K. Karlton, Judge Stephen
Reinhardt, and Judge Thelton E. Henderson on 11/29/07 ORDERING that
the Court hereby enters a protective order under Federal Rule of Civil
Procedure 26(c) barring the deposition of the California Prison Health
Care Receivership Corporation from proceeding. (Anderson, J)
November 30, 2007
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THREE JUDGE COURT ORDER signed by Judges Lawrence K. Karlton, Stephen
Reinhardt and Thelton E. Henderson on 11/30/07: Having reviewed Mr.
Wilson's "amicus" filing, which the Court construes as a motion for
leave to file an amicus brief, the Court finds good cause to DENY the
motion 2459. Accordingly, Mr. Wilson shall not be granted amicus
status in this case. In addition, Mr. Wilson previously sought to
intervene in these proceedings on August 29, 2007 2391. That motion is
also DENIED, as Mr. Wilson has not and cannot demonstrate that he
meets the requirements for intervention under Federal Rule of Civil
Procedure 24. (Kaminski, H)
November 30, 2007
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ORDER signed by Judge Lawrence K. Karlton on 11/30/07 ORDERING that
within fifteen days from the date of this order the Receiver in Plata
shall file and serve a response to the responses filed by the parties.
Thereafter, the matter will be taken under submission for individual
consideration by the undersigned. (Duong, D)
December 3, 2007
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ORDER signed by Judge John F. Moulds on 11/30/07 orderinhg the clerk
of the court shall pay to Matthew A. Lopes Jr., Esq, Deputy Special
Master, Pannone, Lopes & Devereaux LLC, 317 Iron Horse Way, Suite 301,
Providence, RI 02908 the amount of $463,129.25. A copy of this order
shall be served on the financial department of this court. (CC:
Financial)(Plummer, M)
December 4, 2007
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ORDER signed by Judge Lawrence K. Karlton on 12/04/07 GRANTING 2586
Request for one-day extension of deadline. Defendants to file response
on 12/4/07.(Dillon, M)
December 7, 2007
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ORDER granting 2581 Motion to Compel signed by Judge John F. Moulds on
12/6/2007. On or before 12:00 p.m. on December 7, 2007, defendants
shall produce to counsel for plaintiffs all documents which have been
withheld on grounds of privilege set forth in privilege logs produced
on November 9, 2007, November 16, 2007, and November 23, 2007.
Defendants request for a five-day stay this order is denied.
(Waggoner, D)
December 7, 2007
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ORDER signed by Judge John F. Moulds on 12/07/07 ORDERING that on or
before 12:00 p.m. on Wednesday, December 12, 2007, the parties shall
file a joint statement concerning their respective positions with
regard to the claims of privilege in the November 30, 2007 and
December 7, 2007 privilege logs.(Dillon, M)
December 11, 2007
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THREE-JUDGE COURT ORDER signed by Judges Stephen Reinhardt, Lawrence
K. Karlton, and Thelton E. Henderson on 12/11/07. Judge Moulds's
12/6/07 2597 Order is STAYED. Parties are ORDERED to appear for Status
Conference set for 12/13/2007 at 10:00 AM in Courtroom 12, 450 Golden
Gate Avenue, San Francisco, CA before Judge Thelton E. Henderson.
(Marciel, M) Modified on 12/11/2007 (Marciel, M).
December 14, 2007
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THREE-JUDGE COURT ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM
ISSUED signed by Judge John F. Moulds on 12/13/07 ORDERING a Writ of
Habeas Corpus ad Testificandum issue, under the seal of this court,
commanding the Warden to produce the inmate named above to testify at
a deposition in theseproceeding to be conducted at the Orange County
Superior Court at the time and place above, and until completion of
said deposition or as ordered by the court. Thereafter to return the
inmate to the above institution. 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. (Anderson, J)
December 17, 2007
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ion for reconsideration is DENIED, except as provided in paragraph 3
infra. This matter is referred back to the magistrate judge for
further proceedings in connection with dfts' review and revisions,
which shall be completed no later than 45 calendar days from the date
of this order. The questions of the dates for filing expert reports
and the issues relating to witness depositions raised at the 12/13/07
status conf remain under submission. The Court will set a status conf
by subsequent order. Case is stayed.(Kastilahn, A)THREE-JUDGE COURT
ORDER STAYING PROCEEDINGS signed by Judge Lawrence K. Karlton, Judge
Stephen Reinhardt, and Judge Thelton E. Henderson on 12/14/07. All
pretrial and trial dates are VACATED pending further order of the
court. Dfts' 12/7/07 mot
December 20, 2007
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ORDER signed by Judge John F. Moulds on 12/19/07 ORDERING that this
matter is set for telephonic conference with the undersigned on
1/29/08 at 1:30 p.m. Counsel for plaintiffs shall take all steps
necessary to place a conference call to the chambers of the
undersigned at the appointed time.(Dillon, M)
December 21, 2007
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ORDER signed by Judge John F. Moulds on 12/20/07: The Clerk is
directed to pay to Matthew A. Lopes, Jr., Esq. the amount of
$474,037.29 in accordance with the attached statement. A copy of this
order shall be served on the financial department of this court.
(Kaminski, H)
December 28, 2007
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ORDER signed by Judge Lawrence K. Karlton on 12/27/07 ORDERING that
within 30 days from the date of this order, defendants shall deposit
with the Clerk of the Court a fifty-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. (cc:
Financial) (Anderson, J)
January 7, 2008
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THREE JUDGE COURT ORDER re DEFENDANTS' REQUEST FOR CLARIFICATION
signed by Judge Lawrence K. Karlton, Stephen Reinhardt and Thelton E.
Henderson on 1/7/08. 2625 Request for clarification of this court's
December 14, 2007 is granted.(Kaminski, H)
January 11, 2008
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THREE-JUDGE COURT ORDER signed by Judge John F. Moulds on 1/11/2008
ORDERING defendant's may file a response to plaintiff's request on or
before 4:30 p.m. on 1/15/2008.Status Conference SET for 1/16/2008 at
01:30 PM in courtroom #26 (JFM) before Magistrate Judge John F.
Moulds. (Waggoner, D)
January 15, 2008
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ORDER signed by Judge Lawrence K. Karlton on 1/15/2008 DENYING 2628
Motion for Sanction without prejudice filed by David W. Wilson.
(Reader, L)
January 16, 2008
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ORDER signed by Judge Lawrence K. Karlton on 1/15/08: This court's
June 1, 2007 2255 and September 14, 2007 2418 orders are modified to
require the completion of a total of 1,162 small management yards in
administrative segregation by the end of Fiscal Year 2008/2009.
Defendants'October 29, 2007 plan for small management yards
inadministrative segregation is disapproved to the extent that it
calls for completion of such yardsby January 2010. Defendants shall
take all steps necessary to complete the construction of allremaining
yards called for by their plan by the end of Fiscal Year 2008/2009.
Within thirty days from the date of this order, defendants shall
report to thecourt on the outcome of their review of available
sensitive need yards for CCCMS inmateswithin administrative
segregation units and their review of submitting a request for
additionalstaffing allocations to enable third watch small management
yard usage by inmates withinadministrative segregation
housing.(Kaminski, H)
January 17, 2008
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ORDER signed by Judge John F. Moulds on 1/17/08 ORDERING that the
Deposition scheduled in this case for 1/18/08 shall be vacated, and
Defendants' Request for a protective order vacating the depositions
currently set for 1/28/08 and 1/29/08 is DENIED. These depositions
shall proceed as currently scheduled.(Mena-Sanchez, L)
January 30, 2008
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THREE JUDGE COURT ORDER signed by Magistrate Judge John F. Moulds on
01/29/08 ORDERING that 2649 dfts' application for a protective order
is DENIED; 2653 dfts' request for extension of time is GRANTED; by
02/04/08, dfts shall produce to plf documents previously withheld; by
02/04/08, dfts shall file their corrected 01/28/08 privilege logs; by
02/15/08, dfts shall file final privilege logs, shall submit to this
court for in camera review any additional documents for which a claim
of privilege is made; and shall produce to plfs any additional
documents previously withheld on the basis of privilege; by 02/20/08,
parties shall meet and confer, as appropriate; by 02/25/08, the
parties shall file either a joint statement concerning disputes
arising from the privilege logs or a joint statement that no disputes
remain. (Benson, A)
February 4, 2008
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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)
February 8, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 2/4/08 ORDERING the
Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq.
the amount of $443,002.44 in accordance with the attached statement
and a copy of this order shall be served on the Financial Department
of this court. (cc: Financial) (Anderson, J)
February 8, 2008
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THREE JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton on
2/8/08 GRANTING IN PART 2650 Motion for Reconsideration. Intervenors
participation in discovery will be prospective only. The court VACATES
its 10/10/07 order bifurcating proceedings. Discovery and trial in
this matter shall occur in a single consolidated proceeding.(Dillon,
M)
February 14, 2008
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THREE-JUDGE COURT ORDER signed by Magistrate Judge John F. Moulds on
2/13/08 ORDERING that on or before 2/29/08, all parties to this action
shall participate in a discovery planning conference pursuant to Fed.
R. Civ. P. 26(f). On or before 3/14/08, all parties to this action
shall comply with the requirements of Fed. R. Civ. P. 26(a)(1). On or
before 3/14/08, all parties to this action shall file a written report
outlining the proposed discovery plan resulting from the Rule 26(f)
conference required by this order. Nothing in this order shall be
construed to alter or amend any part of this court's 1/30/08 order.
(Engbretson, K.)
February 14, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 2/13/08 ORDERING
that Pltfs' attorneys' fees and costs of $93,695.23, plus interest,
are due and collectable as of 45 days from the date of entry of this
order. (Engbretson, K.)
February 15, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 2/14/08. Within 30
days from date of Order, defendants shall deposit with Clerk a 54th
interim payment of costs in amount 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. (Marciel, M)
February 15, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 2/14/08 ORDERING
that the clerk is to pay to Matthew A. Lopes, Jr., Esq., Special
Master, the amt of $518,577.00; and a copy of this order to be served
on the financial dept. (cc: Financial)(Yin, K)
February 26, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton, Judge Thelton E.
Henderson, Judge Jeffrey S. White and Judge Claudia Wilken on 2/26/08:
The construction agreement appended to this order is approved. The
Plata Receiver shall file quarterly reports in each of the
above-captioned cases concerning developments pertaining to matters
that are the subject of the construction agreement. The first such
quarterly report shall be filed on or before March 15, 2008. Within
sixty days from the date of this order the Plata Receiver shall meet
with the parties to all of the above-captioned actions, the Coleman
Special Master, and the Perez and Armstrong court representatives
concerning the status of the construction of 5,000 mental health beds
and 5,000 medical beds that is the subject of paragraph 3 of the
construction agreement. (Kaminski, H)
February 26, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 2/26/08: Approval
of the construction agreement does not relieve defendants of their
obligation to comply with this courts March 27, 2007 order regarding
that unit. Defendants in this case remain bound by that order unless
and until it is modified by this court for good cause shown. This
court recognizes the complexities of the task at hand, but cautions
that defendants must not lose sight of the immediate needs of members
of the plaintiff class even as they work to plan long-range solutions
to the problems that continue to plague the delivery of
constitutionally adequate mental health care to all class members.
(Kaminski, H)
February 27, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 2/26/08 ORDERING
that Plaintiffs and defendants shall meet and confer in person
concerning all remaining desputes over all assertions of privilege in
defendants' revised privilege logs with the exeption of the
deliberative process privilege. Said meet and confer session shall
take place on or before 3/6/08. On or before 4:30 p.m. on 3/7/08
Plaintiffs and defendants shall file a list of all documents as to
which claims of privilege remain in dispute together with, as
appropriate, any supplemental breifing relevant to any remaining
disputes. The Court will hear argument concerning the documents in the
list filed pursuant to paragraph 3 of this order on Wednesday,
3/12/2008 at 11:00 AM in Courtroom 26. Resolution of the disputes over
defendants' assertion of the deliverative process privilege is
deferred until further order of Court. (Mena-Sanchez, L)
February 29, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 02/29/08 CONFIRMING
undisputed attorneys' fees and costs for third quarter of 2007 and
ORDERING that pursuant to the 2698 stipulation that plaintiffs fees
and costs of $377,365.85, plus interest, are due and collectable as of
45 days from the date of entry of this order. Daily Interest runs from
December 17, 2007 atthe rate of 3.20%. (Interest accrues at the rate
provided by 28 U.S.C. § 1961.)(Benson, A)
March 4, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton on
3/4/08, Judge Stephen Reinhardt and Judge Thelton E. Henderson
ORDERING that the intervenor Contra Costa County is DISMISSED without
prejudice. (Duong, D)
March 10, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton, Thelton E.
Henderson, Jeffrey S. White and Claudia Wilken on 3/10/08 ORDERING
that the attached coordination agreement regarding information
technology is approved. The Plata Receiver shall coordinate with DMH
to facilitate technological compatibility and communication regarding
patient care between DMH and CDCR. The Plata Receiver shall file
quarterly reports in each of the above-captioned cases concerning
developments pertaining to matters that are the subject of the
information technology agreement. The first such quarterly report
shall be filed on or before 6/15/08. (Anderson, J)
March 13, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton, Thelton E.
Henderson, Jeffery S. White and Claudia Wilken on 3/13/08 ORDERING
that the parties in the above captioned cases are GRANTED until
3/28/08 to show cause why the attached agreement should not be adopted
as an order of the court. Any response to this order to show cause
shall be filed in each of the above-captioned cases and served on all
of the parties to all of the cases and on the Receiver, the Special
Master, and the Court Representatives. Thereafter, the request for
approval of the agreement will be taken under submission for
individual and joint consideration by the undersigned. (Anderson, J)
March 14, 2008
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THREE-JUDGE COURT ORDER signed by Magistrate Judge John F. Moulds on
3/14/2008 ORDERING that defendant's proposed protective order and
brief in support thereof shall be filed and served on or before 4:30
p.m. on March 18, 2008. Any and all responses to defendant's 2716
motion shall be filed and served on or before noon on March 26, 2008.
(Waggoner, D)
March 18, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 3/18/08 ORDERING
that 1. The Defendant-Intervenors, the Statutory-Intervenors, and the
CCPOA-Intervenorsshall make their initial disclosures in accordance
with the requirements of Fed. R. Civ. P. 26(a)(1) not later than 4:30
p.m. on March 27, 2008. 2. On or before March 25, 2008, all parties,
including intervenors, will be directed to meet and confer in person
to discuss the contents of a supplement to the Rule 26(f) discovery
plans filed on March 14, 2008 which shall consist of a joint statement
setting forth all claims and defenses to be presented in this action,
identifying the party or parties who will be tendering the claims and
defenses so identified, and identifying what, if any, discovery maybe
needed for each claim and defense so identified. 3. The joint
statement described in paragraph 2 of this order shall be filed and
servedon or before 4:30 p.m. on March 28, 2008.(Mena-Sanchez, L)
March 18, 2008
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ORDER denying the county intervenor's 2712 Motion for modification of
the court's February 8, 2008 order signed by Senior Judge Lawrence K.
Karlton on 03/18/08. (Plummer, M)
March 21, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/21/08 APPROVING
2729 Stipulation and ORDERS the development proposal is now due on
3/28/08. (Donati, J)
March 24, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 03/24/08 ordering
the defendant-intervenors, the statutory-intervenors, and the
CCPOA-Intervenors shall maker their initial disclosures no later than
4:30 p.m. on 04/28/08. On or before 04/25/08 all parties including
intervenors shall meet and confer in person to discuss the contents of
a supplement to the Rule 26(f) discovery plans filed on 03/14/08. The
joint statement described in paragraph 2 of this order shall be filed
and served on or before 4:30 p.m. on 04/28/08.(Plummer, M)
April 1, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton, Judge Thelton E.
Henderson and Judge Jeffrey S. White on 4/1/08 ORDERING that the
attached coordination agreement regarding the Chief Executive Officer
pilot program is approved. The Plata Receiver shall file quarterly
reports in each of the above-captioned cases concerning developments
pertaining to matters that are the subject of the Chief Executive
Officer pilot program agreement. The first such quarterly report shall
be filed on or before June 15, 2008. (Duong, D)
April 1, 2008
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THREE-JUDGE COURT ORDER signed by Magistrate Judge John F. Moulds on
4/1/2008 ORDERING the joint statement required by this order shall be
filed and served on or before 4/25/2008. The hearing set for 4/3/2008
is dropped from calendar.(Matson, R)
April 2, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 4/1/08 ORDERING
that pltf's 2708 motion to compel disputed attorneys' fees and costs
from the third quarter of 2007 is taken under submission on the papers
w/out oral argument; the hearing set for 4/10/08 is dropped from
calendar. (Yin, K)
April 8, 2008
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ORDER re Inclusion of Osteopaths in Mental Health Services Delivery
Systems re 2744 signed by Senior Judge Lawrence K. Karlton on 4/7/08
ORDERING that the parties' stipulation is adopted as an order of this
court. (Duong, D)
April 11, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 4/10/08 ORDERING
the clerk to pay for services provided by the special master to
Matthew A. Lopes, Jr., Esq. the amount of $350,709.90; and a copy of
this order is to be served on the financial dpt. (cc: Financial) (Yin,
K)
April 14, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 04/14/08 ordering
that within 5 days from the date of this order, defendants shall
produce to counsel for plaintiffs for inspection and copying listed in
Attachment A to this order, which are all documents for which neither
a claim of attorney-client privilege nor a claim of attorney-work
product doctrine has been established and for which no claim of
deliberative process privilege has been made. (Plummer, M)
April 16, 2008
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AMENDED ORDER signed by Senior Judge Lawrence K. Karlton on 04/15/08
ORDERING that dfts' 2752 ex parte motion to amend their December 2006
mental health bed plan, as supplemented by the bed plan of August
2007, to indicate thatthe 50-bed mental health crisis bed facility at
California Mens Colony will be built without any consolidated care
center at that campus is GRANTED. (Benson, A)
April 16, 2008
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ORDER MODIFYING 08/23/06 ORDER AND 05/23/07 ORDER signed by Senior
Judge Lawrence K. Karlton on 04/15/08 ORDERING that the reporting
requirements stated in paragraph two of the 1962 08/23/06 Order shall
no longer be in effect and that Defendants shall continue to file the
monthly reports required by paragraph five of the 2236 05/23/07 Order
in the same format and reflecting the same content as currently
provided. Specifically, in addition to the information required by the
Court, the reports shall also include the identity of each
inmate-patient, a tally of acceptances and rejections, each
inmate-patients length of stay, discharge date, and referring
institution. (Benson, A)
April 18, 2008
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AMENDED ORDER signed by Magistrate Judge John F. Moulds on 4/17/08
ORDERING that the Clerk is directed to pay to Special Master, Matthew
A. Lopes, Jr., Esq. the amount of $350,709.90. A copy of this order
shall be served on the financial department of this court. (cc: CFS)
(Engbretson, K.)
April 22, 2008
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STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on
4/22/07 re 2759 ORDERING that the parties' stipulation for an
extension of time to July 16, 2008 for defendants to respond to each
of the items listed in numbered paragraphs 6 and 7 of this 2461
Court's order is hereby GRANTED. (Duong, D)
April 24, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 4/23/08 GRANTING
defendants' 2771 Proposal to seal documents for In Camera Review.
Defendants' disk lodged with Three Judges of this Court is SEALED.
Court will take measures to ensure that sealed documents, for which
defendants maintain privilege, shall remain SEALED until all avenues
for Appeal have exhausted. (Marciel, M)
April 24, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 4/23/08 ORDERING
the clerk to pay for services provided by the special master to
Matthew A. Lopes, Jr., Esq. the amount of $263,591.11; and a copy of
this order is to be served on the financial dpt. (cc: Financial)
(Engbretson, K.)
April 25, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton on
4/25/2008 ORDERING that the Court now finds that it would be useful to
establish a standard briefing schedule for motions filed in these
proceedings. Accordingly, all motions filed in these procedings except
for motions in limine and discovery motions before the magistrate
judge shall follow the schedule set forth in this order. IT IS FURTHER
ORDERED that Plaintiff's will have until May 9, 2008 to file an
opposition to defendant's motion for reconsideration regarding
attorney-client privilege. Defendant's reply shall be on or before May
16, 2008. No oral argument on this motion will be necessary.(Waggoner,
D)
May 16, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
Judge Stephen Reinhardt and Judge Thelton E. Henderson on 5/15/08
ORDERING that the court hereby DENIES without prejudice the 2789
motion for discovery filed in Coleman on May 12, 2008, by inmate James
Hampton. As represented parties, plaintiffs may file motions only
through their counsel of record. (Duong, D)
May 20, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 5/20/2008 DENYING
2776 motion for declaratory and injunctive relief by Inmate James
Hampton. The Clerk of the Court is directed to serve a copy of this
order on inmateJames Hampton. (Reader, L)
May 20, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 5/20/2008 DENYING
2608 Motion for temporary restraining order by Inmate David W. Wilson;
and DENYING 2624 Motion for enforcement by Inmate David W. Wilson. The
Clerk of the Court is directed to serve a copy of this order on Inmate
David W. Wilson. (Reader, L)
May 20, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 5/20/2008 DENYING
2631 Motion for declaratory and injunctive relief by Inmate Lionell
Tholmer; and The Clerk of the Court is directed to serve a copy of
this order on Inmate Lionell Tholmer. (Reader, L)
May 21, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 5/21/08: The Clerk
shall not file in this action any further documents submitted by an
inmate proceeding pro se. All documents bearing the above-captioned
case name and/or number which are submitted to the Clerk of the Court
by an inmate proceeding pro se shall be returned to the inmate with a
copy of this order. (Kaminski, H)
May 27, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 5/23/2008 ORDERING
that plaintiffs fees and costs of $162,218.04, plus interest, are due
and collectable as of 45 days from the date of entry of this order.
(Reader, L)
May 27, 2008
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THREE JUDGE COURT ORDER signed by Magistrate Judge John F. Moulds on
5/23/2008 GRANTING 2763 Motion to Compel by Ralph Coleman. Within 5
days from the date of this order the Office of the Inspector General
shall produce to plaintiffs' counsel the unredacted OIG report
concerning the release of Scott Thomas from San Quentin State Prison.
(Reader, L) Modified on 5/27/2008 (Reader, L).
May 29, 2008
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THREE-JUDGE ORDER signed by Magistrate Judge John F. Moulds on 5/29/08
ORDERING that within 5 business days from the date of this order,
defendants shall produce to counsel for plaintiffs for inspection and
copying of all documents listed in Ex. A to the Declaration of Lori
Rifkin filed 2/25/08 and Attachment C to this court's 4/14/08 Order.
(Donati, J)
June 2, 2008
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THREE JUDGE ORDER signed by Senior Judge Thelton E. Henderson on
05/30/08 ORDERING that The Settlement Referee and Consultant's request
to unseal the confidential status report they filed under seal on May
27, 2008, is hereby GRANTED; The Settlement Referee and Consultant's
request to make public the next draft of the Referee's proposal for
settlement is hereby GRANTED. (Manzer, C)
June 2, 2008
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THREE JUDGE ORDER signed by Senior Judge Thelton E. Henderson on
05/30/08 ORDERING that discovery is STAYED until 06/30/08 with
exception; absent any settlement, trial shall begin on 11/17/08; a
joint status conference statement is due on or before 06/09/08; a
status conference is set for 06/27/08 at 10:30 am in the Ceremonial
Courtroom of the US District Court for the Northern District, located
on the 19th Floor at 450 Golden Gate Ave, SF, CA. (Manzer, C)
June 6, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
Stephen Reinhardt and Thelton E. Henderson on 6/5/08: It would not be
appropriate for either the Plata Receiver or the Coleman Special
Master, or any of their staff members, to serve on the advisory group.
By this order, both the Receiver and the Special Master will be
authorized to provide, in their discretion, on an informal basis such
information as the advisory group may seek from them that may be
helpful to the goals of said group. Nothing in this order shall be
construed to permit any member of the advisory group to request
preparation of written reports by the Receiver or the Special Master
or any of their staff members, or to permit any party to these
proceedings to request formal testimony from the Receiver or the
Special Master or any of their staff members at any stage of these
proceedings. (Kaminski, H)
June 11, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 6/10/2008 ORDERING
that the Clerk is directed to pay to Special Master Matthew A. Lopes,
Jr., Esq. the amount of $382,408.32; and a copy of this order shall be
served on the Financial department of this court. (cc Financial)
(Matson, R)
June 12, 2008
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AMENDED ORDER signed by Magistrate Judge John F. Moulds on 6/12/2008
ORDERING the Clerk to pay to Special Master Matthew A. Lopes, Jr.,
Esq., the amount of $382,408.32 in accordance with the attached
statement. (cc Financial)(Matson, R)
June 13, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 6/13/08. Within 30
days from date of Order, defendants shall deposit with Clerk a 55th
interim payment of costs in amount of $750,000.00 which shall be
invested in interest-bearing account previously opened for this
action. Clerk directed to serve copy of Order on Financial Department.
(cc: CFS) (Marciel, M)
June 17, 2008
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ORDER denying 2767 Motion for Reconsideration signed by Senior Judge
Lawrence K. Karlton, Thelton Henderson and Stephen Reinhardt on
06/17/08. (Plummer, M)
June 20, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 6/18/2008 ORDERING
that the Clerk is directed to pay to Special Master Matthew A. Lopes,
Jr., Esq. the amount of $431,924.85 and a copy of this order be served
on the financial department of this court. (cc Financial)(Matson, R)
June 20, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 06/20/08 ordering
that plaintiffs shall forthwith deliver to chambers of the undersigned
for in camera review a copy of the unredacted Thomas Report. (Plummer,
M)
June 20, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 06/20/08 ordering
defendants' 03/18/08 motion for protective order 2727 is granted in
limited part as follows: The protective orders filed in the Coleman
case on 09/12/91, 07/29/92 and 01/12/07 and in the Plata case on
04/03/03 are expanded by the follwing addendum: That part of documents
and information produced during the 3 judge court proceedings that
sets forth in unredacted form personal information shall be regarded
as confidential, subject to the existing protective orders in Coleman
and Plata and referred to as confidential material within the meaning
of those order. The protective orders filed in the Coleman case are
expanded by the following addendum: All documents and information
produced during the 3 judge court proceedings concerning timetable on
out of state transfers or reflecting architectural specifications,
renderings, blueprints, infrastructure layout, building footprints,
points of access and construction design details shall be regarded as
confidential, subject to existing protective orders in Coleman and
referred to as confidential material within the meaning of those
orders. In all other respects, defendants' 03/18/08 motion for
protective order is denied. (See order for further details.).
(Plummer, M)
June 25, 2008
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NON-RELATED CASE ORDER signed by Senior Judge Lawrence K. Karlton on
6/25/2008 ORDERING 2835 that it is inappropriate to relate or reassign
the cases 2:08CV520 LKK JFM and 2:08CV455 GEB EFB, and 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.
(Reader, L) Modified on 6/25/2008 (Reader, L).
June 27, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 6/26/08 ORDERING
that the Office of Inspector General's unredacted Scott Thomas report
shall be subject to the Coleman and Plata protective orders, and Pltfs
may utilize the Thomas Report during the pretrial process in the same
manner and under the same procedures as they do other confidential
materials in these cases. (Engbretson, K.)
June 30, 2008
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ORDER signed by Senior Judge Thelton E. Henderson on 6/27/08 ORDERING
the status report filed on 6/25/08 by the Settlement Referee and
Consultant shall be UNSEALED. The Settlment Referee and Consultant
shall electronically file their status report in both the Plata and
Coleman cases. (Carlos, K) Modified on 7/1/2008 (Carlos, K).
July 2, 2008
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THREE-JUDGE COURT ORDER FOR PRETRIAL PREPARATION signed by Senior
Judge Lawrence K. Karlton, Judge Stephen Reinhardt, Senior Judge
Thelton E. Henderson on 7/2/08 ORDERING that Dfts to file on or before
7/10/08 a list of the specific testimony by pltfs' experts that dfts
contend eliminates any issue of material disputed facts; Dispositive
Motion due by 9/8/2008; Non-Expert Discovery due by 9/8/2008; Expert
Discovery due by 10/6/2008; Motions In Limine due by 10/20/2008; Joint
Pretrial Statement, Expert Reports and Trial Declarations of
Percipient Witnesses due by 10/30/2008; Pretrial Conference set for
11/10/2008 at 1:30 PM, in courtroom number 12 and Trial set for
11/18/2008 at 1:30 PM in the Ceremonial Courtroom of the USDC No.
District of CA. (Yin, K) Modified on 7/2/2008 (Yin, K).
July 8, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 7/7/08 GRANTING
Defendants' change in scope of California State Prison, Sacramento
Project.(Anderson, J)
July 8, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
Judge Stephen Reinhardt, and Senior Judge Thelton E. Henderson on
7/8/08 ORDERING that dfts' 2812 request for reconsideration of the
magistrate judge's 5/29/08 ruling or, alternatively, request for a
stay of that order is DENIED. (Kastilahn, A)
July 11, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 7/11/08 ORDERING
that The prison inspections by Dr. Ronald Shansky, identified in
plaintiffs' 6/30/08 Third Request for Inspection, shall take place
during the week of 8/25/08. Dr. Shanskys report of said inspections
shall be served on or before 9/10/08. The provisions of paragraph 1 of
this court's 10/30/07 order shall apply to the inspections to take
place in accordance with this order. Defendants' response to the
request contained in paragraph 2 of the Third Request for Inspection,
concerning class members hospitalized or treated at an off-site
emergency room, is due twenty-one days from the date the request was
served.(Mena-Sanchez, L)
July 23, 2008
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THREE JUDGE COURT STIPULATION and ORDER signed by Magistrate Judge
John F. Moulds on 7/22/08 ORDERING that the parties shall file their
Joint Statement re: Discovery dispute no later than 8/1/08; The
hearing on the Joint Statement re: Discovery Dispute shall be held at
11:00 on 8/7/08 at 11:00 a.m..(Dillon, M)
July 23, 2008
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THREE JUDGE COURT STIPULATION and ORDER signed by Magistrate Judge
John F. Moulds on 7/22/08 ORDERING that the parties shall file their
Joint Statement re: Discovery dispute no later than 8/1/08; The
hearing on the Joint Statement re: Discovery Dispute shall be held at
11:00 on 8/7/08. (Dillon, M)
July 25, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
Stephen Reinhardt, and Judge Thelton E. Henderson on 7/24/2008
ORDERING 2873 Intended Motion for Summary Judgment due by 9/15/2008;
Opposition briefs filed within 14 canendar days of the filing of the
motion; reply brief 21 calendar days of the filing of the motion; the
matter shall than be taken under submission without oral argument,
unless otherwise ordered. (Reader, L)
July 30, 2008
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THREE-JUDGE COURT ORDER signed by Magistrate Judge John F. Moulds on
7/29/2008 ORDERING 2859 Absent approval of the three-judge court, this
court will not authorize any deadline for service of expert reports
that exceeds the 9/10/2008 deadline authorized by the court's 2874
7/11/2008 order. For that reason, the court will not approve 2897 the
7/25/2008 stipulation. (Reader, L)
August 4, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/4/2008 GRANTING
2840 Pltfs for Leave to File Consolidated Motion and Pltfs' request
for an order modifying the protective orders to permit review of
confidential materials by the court personnel, special masters and
their staffs, counsel, experts, witnesses, and related staff in both
cases. (Reader, L) Modified on 8/5/2008 (Donati, J).
August 5, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 8/4/08 confirming
undisputed attorneys' fees and costs for the first quarter of
2008.(Anderson, J)
August 5, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 8/4/08 ORDERING
that the Clerk is directed to pay to Matthew A. Lopes, Jr., Esq.
Special Master Pannone Lopes & Devereaux LLC 317 Iron Horse Way, Suite
301, Providence, RI 02908the amount of $510,536.78 in accordance with
the attached statement. A copy of this order shall be served on the
financial department of this court.(Anderson, J)
August 8, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton on
8/7/08 GRANTING parties' 2902 Stipulation and Proposed Order re Expert
Discovery and Evidence with the understanding that all other dates,
including Trial date, are firm and shall remain unchanged. Dr. Thomas
will be permitted to inspect CDCR institutions up to and through
9/6/08. His Supplemental Expert Report will be due 12 days after he
completes his inspections, either on 9/17 or 9/18/08. Dr. Krisberg's
Supplemental Expert Report will be due on or before 9/8/08. (Marciel,
M)
August 8, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 08/07/08 regarding
the 2842 Motion for Injunctive Relief ORDERING that: whenever a parole
agent places a parolee in his custody and finds the parolee may pose a
danger to himself or others by virtue of his mental condition, the
parole agent SHALL directly take the parolee to the nearest community
hospital for immediate psychiatric evaluation pursuant to California
Welfare & Institutions Code 5150; Parolees who are in the custody of
CDCR whose parole has not been revoked SHALL be deemed inmates for the
purpose of their evaluation and referral for services under the
Coleman Program Guide. These individuals shall not be denied treatment
on the basis of their status as pre-revocation parolees. The criteria
for admission to inpatient psychiatric treatment described in the
Coleman Program Guide shall be the defendants exclusive criteria in
determining inmates access to treatment; All inmates, including those
pre-revocation parolees deemed inmates by virtue of this order, SHALL
have full access to DMH inpatient treatment irrespective of their
release date. When a Valdivia class member has been returned to
custody on the allegation of the violation of his parole and where the
parolee appears, in the judgment of his attorney or defendants staff,
too mentally ill to participate in revocation proceedings, the
revocation hearing may be suspended pending the parolees receipt of
treatment to restore his competency, or the parolees wait for such
treatment. (Benson, A)
August 13, 2008
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THREE-JUDGE ORDER signed by Magistrate Judge John F. Moulds on 8/13/08
GRANTING parties' 2934 stipulation and proposed order regarding
discovery dispute re data; the 2903 Motion to Compel Hearing is
CONTINUED to 8/14/2008 at 11:00 AM in Courtroom 26 before Magistrate
Judge John F. Moulds. (Yin, K)
August 14, 2008
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THREE-JUDGE COURT ORDER signed by Magistrate Judge John F. Moulds on
8/14/2008 ORDERING 2886 MOTION to COMPEL Supplemental Responses and
Production filed by Ralph Coleman is DENIED; and 2885 MOTION to COMPEL
the depositions of Governor Arnold Schwarzenegger, Deputy Cabinet
Secretary Robert Gore, and Chief of Staff Susan Kennedy is
GRANTED.(Matson, R)
August 14, 2008
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THREE-JUDGE COURT ORDER signed by Magistrate Judge John F. Moulds on
8/14/2008 ORDERING 2935 Ex Parte Application for order shortening time
for hearing is granted in part. The documents listed in Attachments A
and C to this courts April 14, 2008 order shall forthwith be available
to pltfs' counsel for inspection and copying in the chambers of the
undersigned. This matter is set for hearing on 8/20/2008 at 02:00 PM
in Courtroom 26 (JFM) before Magistrate Judge John F. Moulds re 2937
MOTION for SANCTIONS for Improper Withholding of Non-Privileged
Documents. (Matson, R)
August 19, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton, United States
Circuit Judge Stephen Reinhardt and Senior Judge Thelton E. Henderson
on 8/19/08 ORDERING the following expedited briefing schedule on
dft-intervenors' motion for clarification: 1. Any opposition shall be
filed on or before August 25, 2008. 2. The reply shall be filed on or
before September 2, 2008, at 12:00 noon. 3. No oral argument will be
heard unless otherwise ordered by the Court. 4. If the Court
ultimately rules against Defendant-Intervenors, it will extend any
necessary pretrial deadlines to allow for the preparation and
disclosure of expert reports byhybrid witnesses. 5. Any depositions of
the witnesses at issue that have already been scheduled shall proceed
as scheduled. If necessary following the resolution of
Defendant-Intervenors motion, the Court may allow a brief period for
conducting supplemental depositions of any hybrid witnesses who have
already been deposed. (Carlos, K) Modified on 8/19/2008 (Carlos, K).
August 19, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton, United States
Circuit Judge Stephen Reinhardt and Senior Judge Thelton E. Henderson
on 8/19/08 ORDERING 1. Any opposition to Defendants motion for
reconsideration 2952 shall be filed on or before August 25, 2008. In
their opposition, Plaintiffs shall address the following issues, along
with any other issues they believe to be relevant to deciding this
motion: (1) whether Plaintiffs intend to call the three named
individuals as witnesses at trial; (2) to what extent Plaintiffs
position regarding. depositions is affected by whether the witnesses
are called and allowed to testify at trial; and (3) what testimony
Plaintiffs seek to elicit from the three identified witnesses that
could not be obtained through other means, including, for example,
requests for admission or interrogatories. 2. Defendants reply shall
be filed on or before September 2, 2008, at 12:00 noon.3. No oral
argument will be heard unless otherwise ordered by the Court.4. The
depositions of the three individuals at issue shall not proceed unless
and until this Court issues an order denying Defendants motion for
reconsideration of the magistrate judges August 14, 2008 order. If
necessary, the Court will allow a brief extension of the discovery
cut-off in this case for the limited purpose of completing any
depositions ordered by this Court.(Carlos, K)
August 20, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
Judge Stephen Reinhardt and Judge Thelton E. Henderson on 8/19/2008
GRANTING Stipulation of parties and DISMISSING Solano County as
Intervenor.(Waggoner, D)
August 21, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 8/21/08 ORDERING
that defendants shall produce to plaintiffs in native format the
documents listed in Attachments A and C to this court's 4/14/08 order
and the documents ordered produced by this court's 5/29/08 Order. Said
production shall be accomplished by close of business on Monday,
8/25/08. The court will not order any sanctions at this time in
connection with the format in which the documents were
produced.(Mena-Sanchez, L)
August 26, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 08/25/08 ORDERING
that within thirty days from the date of this order, defendants shall
deposit with the Clerk of the Court a fifty-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)(Manzer, C)
August 26, 2008
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THREE-JUDGE COURT ORDER signed by Magistrate Judge John F. Moulds on
08/25/08 ORDERING that the parties shall file the joint statement
required by this order on or before 12:00 noon on Thursday, August 28,
2008. (Manzer, C)
August 28, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 8/28/08 ORDERING
that Pltf's 2989 application for an order shortening time is GRANTED.
Pltf's 2971 motion for an order compelling depositions for certain
legislator intervenors is set for hearing on 9/5/08 at 1:30 PM in a
courtroom on the 8th Floor. The parties shall file any written
argument with respect to the depositions at issue on or before 12:00
noon on 9/3/08. (Engbretson, K.)
August 28, 2008
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ORDER signed by Senior Judge Thelton E. Henderson on 8/28/2008
ORDERING that Exhibits G-N and FF-II of docket entry #2983 shall be
REMOVED; the redacted versions of these exhibits may be found at
docket entries #2987 and #2988.(Waggoner, D)
August 29, 2008
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THREE JUDGE COURT ORDER signed by Magistrate Judge John F. Moulds on
08/29/08 ORDERING that: within 5 days, dfts shall produce to counsel
for pls for inspection and copying in native format: documents
identified by Bates Numbers E00100148, E00100274,E00100275, E00100276,
E00100315, E00100316, and E00100346; all of the documents in the
08/05/08 privilege log for which only a claim of deliberative process
privilege has been made; and the documents referred to in log entry
numbers 4, 171, and 364-366 of the 08/05/08 privilege log. Plf's
request for expenses is GRANTED; w/i 5 days, plfs shall file a
declaration of their expenses for the part of their 08/12/08 motion
that is resolved by this order. (Benson, A)
September 5, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
Judge Stephen Reinhardt and Judge Thelton E. Henderson on 9/5/08: The
Receiver's September 15, 2008 quarterly report shall be admissible at
trial as to the fifteen items identified in Defendants' request for
evidence. Defendants' request for information is DENIED as moot
2998.(Kaminski, H)
September 5, 2008
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THREE-JUDGE COURT ORDER granting in part and denying in part 2948
Motion for More Definite Statement signed by Senior Judge Lawrence K.
Karlton, Judge Stephen Reinhardt and Judge Thelton E. Henderson on
9/5/08. (Kaminski, H)
September 5, 2008
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ORDER to SHOW CAUSE signed by Senior Judge Lawrence K. Karlton, Judge
Thelton E. Henderson, Judge Jeffrey S. White and Judge Claudia Wilken
on 9/5/08: The parties in the above captioned cases are granted until
September 26, 2008, to show cause why the attached agreement should
not be adopted as an order of the court. (Kaminski, H)
September 9, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 9/8/08. Clerk
directed to pay Matthew A. Lopes, Jr. (Special Master) the amount of
$387,854.48 in accordance with attached Statement and a copy of this
Order shall be served on Financial Department. (cc: CFS) (Marciel, M)
September 9, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 9/8/08 GRANTING, in
part, plaintiffs' 2971 Motion for Order compelling depositions of
certain legislator intervenors. Legislator Intervenors' 2972 Motion
for Protective Order is GRANTED in part. The deposition of Senator
George Runner will be taken 9/24/08 at 9:00 AM; Assemblyman Todd
Spitzer will be taken 9/24/08 at 1:30 PM; both shall not exceed 4
hours. The depositions of Senator David Cogdill and Assemblyman
Michael Villines will not be taken. (Marciel, M)
September 9, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 9/9/08. Court
revises Schedule and Trial RE-SET for 11/18/2008 and shall run on
Tuesdays through Fridays from 9:15 AM to 4:00 PM. There will continue
to be no Trial on Mondays, or on 11/25/2008 through 11/28/2008.
(Marciel, M)
September 10, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 9/10/08 ORDERING
pltfs' 9/5/08 motion to reopen the deposition of Matthew Cate and to
require Mr. Cate to respond to questions about communications with the
Governor and the Governor's aides 3015 is GRANTED. Mr. Cate's
deposition shall be conducted on 9/12/08 commencing at 10:00
AM.(Carlos, K)
September 12, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 9/11/08 ORDERING
that plaintiffs 8/08/08 motion to compel disputed attorneys fees and
costs from the first quarter of 2008 is taken under submission on the
papers without oral argument. The hearing set for 9/18/08 is dropped
from calendar.(Dillon, M)
September 12, 2008
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THREE-JUDGE ORDER signed by Senior Judge Lawrence K. Karlton, Judge
Stephen Reinhardt, Judge Tehlton E. Henderson on 9/11/08 ORDERING that
Defendants' 3024 motion for reconsideration of the magistrate judge's
September 10, 2008 order regarding the deposition of Matthew Cate is
DENIED. The deposition shall proceed as ordered on September 12, 2008,
at 10:00 AM. Defendants shall not be permitted to invoke the
deliberative process privilege to refuse to answer all questions
concerning Mr. Cate's communications with the Governor or the
Governor's aides. If Defendants seek to assert the deliberative
process privilege as to any particular question, they must lay a
specific foundation on the record. If necessary, the parties may then
seek the further assistance of the magistrate judge, who will then
have a more adequate basis for considering whether the deliberative
process privilege applies to particular questions, including whether
Plaintiffs' "need for the [information] and the need for accurate
fact-finding override the governments interest in non- disclosure."
The magistrate judge shall resolve any further disputes as early as
practicable. (Duong, D)
September 15, 2008
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ORDER from Three-Judge Court signed by Senior Judge Lawrence K.
Karlton on 9/15/08. For reasons stated in text of Order, defendants'
2952 Request for reconsideration of Magistrate Judge's 2946 Ruling is
GRANTED as to deposition of Governor Schwarzenegger and Chief of Staff
Kennedy; and DENIED as to Deputy Cabinet Secretary Gore. (Marciel, M)
September 26, 2008
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THREE JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
USCA Judge Stephen Reinhardt, and Judge Thelton E. Henderson on
9/25/2008 DENYING 3002 Defendants' Motion for Reconsideration of the
magistrate judge's 8/29/2008 ruling or, alternatively, request for a
stay of that order. (Reader, L)
September 30, 2008
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THREE-JUDGE ORDER signed by Magistrate Judge John F. Moulds on 9/30/08
ORDERING that Defendants shall pay to plaintiffs counsel the expenses
associated with the relief granted by this courts 8/29/08 order in the
amount of $10,407.301; and Defendants shall pay the above sum within
10 days from the date of this order.(Dillon, M)
October 7, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 10/6/08.
Defendants shall do the following: 1) develop a plan to address
overall dysfunction in custody/mental health relations at Salinas
Valley State Prison (SVSP) - within 90 days from date of this Order ;
2) develop a plan for maximum utilization of all dormitory beds at
SVSP - within 90 days from date of this Order; 3) implement and
maintain institutional electronic and manual tracking logs for inmates
who have been placed into alternative housing pending Mental Health
Crisis Bed (MHCB) transfers, and dates, times, and places of return to
regular housing for inmates not transferred to an MHCB; 4) construct
the mental health treatment and counseling space at SVSP and the
mental health treatment and programming space at California Medical
Facility (CMF) as described in their development Proposals submitted
in response to this Courts 10/18/07 Order; and 5) shall disseminate
complete Coleman Monthly Report of Information Requested and Response
to 1/19/1999 Court Order regarding Staff Vacancies and CDCR Mental
Health Crisis Bed Monthly Report on a regular and timely basis.
(Marciel, M)
October 7, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 10/7/08 approving
attached Space Coordination Agreement. (Marciel, M)
October 16, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 10/16/08: The
application is GRANTED 3078 and the documents (Docket Nos. 3076 and
3077) be withdrawn and removed from the docket and the public record.
(Kaminski, H)
October 29, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 10/28/08. The Clerk
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 $392,800.04 in accordance with the
attached statement. A copy of this order shall be served on the
financial department of this court.(Mena-Sanchez, L)
October 30, 2008
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ORDER to SHOW CAUSE signed by Senior Judge Lawrence K. Karlton,
Thelton E. Henderson, Jeffrey S. White and Claudia Wilken on 10/30/08
ORDERING that the parties in this action are GRANTED until 11/10/08,
to show cause why the attached agreement should not be adopted as an
order of the court. If necessary, the Receiver, the Special Master,
and the Court Rep may file a reply to the parties' responses on or
before 11/17/08. Thereafter, the request for approval of the agreement
will be taken under submission for individual and joint consideration
by the undersigned.(Kastilahn, A)
October 31, 2008
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ORDER signed by Judge Thelton E. Henderson, Judge Lawrence K. Karlton
and Judge Stephen Reinhardt ORDERING dfts' motion to seal exhibit JJ
3109 GRANTED.(Carlos, K)
October 31, 2008
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ORDER signed by Judge Thelton E. Henderson; Senior Judge Lawrence K.
Karlton and Judge Stephen Reinhardt on 10/31/08 ORDERING dfts' motion
to file deposition of Ralph Coleman under seal is GRANTED. (Carlos, K)
November 3, 2008
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THREE-JUDGE COURT STIPULATION and ORDER signed by Senior Judge
Lawrence K. Karlton, United States Circuit Judge Stephen Reinhardt and
Senior United States District Judge Thelton E. Henderson on 11/03/08
MODIFYING the 02/08/08 2673 Order on Motion for Reconsideration;
Paragraph 5 is hereby modified as follows: At trial, one attorney may
question each witness on behalf of all defendant intervenors. The same
attorney need not question all witnesses.(Manzer, C)
November 3, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
United States Circuit Judge Stephen Reinhardt and Senior United States
District Judge Thelton E. Henderson on 11/03/08 DENYING 3033 Motion
for dismissal or summary judgment; dfts' 3054, 3069, and 3075 requests
for judicial notice are GRANTED to the extent that we rely in this
Order on Dr. Shanky's reports, dfts' objections to those reports are
OVERRULED. We find no need to reach the balance of dfts' evidentiary
objections at this time and will not resolve them for the purposes of
this summary judgment motion. (Manzer, C)
November 4, 2008
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inancial Dept of this court. (cc CFS).(Duong, D)ORDER signed by
Magistrate Judge John F. Moulds on 11/3/08 ORDERING that the Clerk is
directed to pay to Matthew A. Lpes, Jr., Esq the amount of $404,301.83
in accordance with the attached statement. A copy of this order shall
be served on the F
November 4, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 11/3/08 ORDERING
that plaintiffs' fees and costs of $298,687.44 plus interest, are due
and collectable as of 45 days from the date of entry of this order.
Daily Interest runs from August 24, 2008 at the rate of 2.12%. Daily
Interest $17.35; Interest Began Accruing: 8/24/08. (Duong, D)
November 10, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 11/10/08 ORDERING
that Phase I of the trial will begin as scheduled on 11/18/08, at 9:15
AM. It shall conclude no later than 4:30 PM on 12/19/08.(Mena-Sanchez,
L)
November 12, 2008
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cally in each of the actions, objections to deposition testimony and
counter designations thereto and The CCPOA's response to this order
shall be filed electronically in each of the actions and served not
later than 5:00 PM on Sunday, 11/16/08. THREE-JUDGE COURT ORDER signed
by Senior Judge Lawrence K. Karlton, United States Circuit Judge
Stephen Reinhardt, and Senior United States District Judge Thelton E.
Henderson on 11/12/08 ORDERING that responses to this order shall be
filed electroniThe deadlines set forth in this order supersede those
set in paragraph 3.d of the Court's 11/10/08 bifurcation
order.(Manzer, C) Modified on 11/12/2008 (Manzer, C).
November 12, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
United States Circuit Judge Stephen Reinhardt, and Senior United
States District Judge Thelton E. Henderson on 11/12/08 ORDERING that
the dfts and Intervenors shall file oppositions or statements of
non-opposition to Pltfs' 3273 motion on or before 11/13/08 at 12:00
noon. (Manzer, C)
November 13, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
United States Circuit Judge Stephen Reinhardt, and Senior United
States District Judge Thelton E. Henderson on 11/13/08 DENYING 3273
Motion for Reconsideration of the Court's 11/10/08 Order Bifurcating
Trial. (Manzer, C)
November 14, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
United State circuit Judge Stephen Reinhardt, and Senior United State
District Judge Tehlton E. Henderson on 11/14/08 re 3287 ORDERING that
defendants will be permitted to bring the above-mentioned items
through security and have them stored in a secure location in the
courthouse. Defendants' trial consultant will be permitted to enter
the Ceremonial Courthouse for viewing and to set up trial equipment on
November 17, 2008. In addition, attorneys, assistants, consultants and
witnesses may bring laptop computers through security and into the
courtroom. (Duong, D)
November 18, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 11/17/08 ORDERING
the Clerk of the Court to pay Matthew A. Lopes, Jr., Esq., Special
Master, Panone Lopes & Devereaux LLC, 317 Iron Horse Way, Suite 301,
Providence, RI 02908 the amount of $287,156.24 in accordance with the
attached statement; and a copy of this order shall be served on the
financial department of this court. (cc: financial dept) (Carlos, K)
November 18, 2008
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton on
11/18/08 GRANTING 3305 Stipulation Regarding Modification of Order
Sealing Deposition Expert Witness Haney. (Streeter, J)
November 19, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton, Judge Thelton E.
Henderson, Judge Jeffrey S. White and Judge Claudia Wilken on
11/19/08: The coordination reports shall be filed on the same schedule
and shall now be due on or before January 15, May 15, and September 15
of each year. The next be filed on or before January 15, 2009.
(Kaminski, H)
December 1, 2008
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ORDER RE: TRANSITION PLANNING COORDINATION AGREEMENT signed by Senior
Judge Lawrence K. Karlton, Judge Thelton E. Henderson, Judge Jeffrey
S. White and Judge Claudia Wilken on 12/1/2008 ORDERING the Receiver
is to meet and confer with relevant stakeholders, including the
parties, Special Master, and Court Representatives, concerning the
coordination agreement on transition planning attached to the court's
10/30/2008, Order to Show Cause. 3140 IT IS FURTHER ORDERED that the
Receiver and Defendants shall file a joint supplemental statement on
or before Filing due 2/2/2009. If necessary, this joint statement may
include sections setting forth the Receiver's and Defendants' separate
contentions. (Reader, L)
December 9, 2008
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form the duties set forth in the Special Masters Request for
Appointment of Additional Staff, and to be compensated at the rates
set forth therein.DATED: December 8, 2008.(Kastilahn, A)ORDER signed
by Senior Judge Lawrence K. Karlton on 12/8/08 ORDERING that the
special master's 12/4/08 3348 request for appointment of addt'l staff
is GRANTED. The special master is authorized to reappoint J. Michael
Keating, Esq., to per
December 16, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 12/16/08 ORDERING
that within 30 days from the date of this order, dfts shall deposit
with theClerk a fifty-seventh interim payment of costs in the amt of
$750,000 whichamt shall be invested in the interest-bearing acct
previously opened for this action; and the Clerk is directed to serve
a copy of this order on the FinancialDept of this Court.(Kastilahn, A)
December 16, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 12/15/08 ORDERING
the clerk to pay to Matthew A. Lopes, Jr, Esq., Special Master at
Providence, RI address the amt of $342,701.52; the clerk to also serve
the financial department w/ a copy of this order. (cc: Financial)(Yin,
K)
January 7, 2009
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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)
January 8, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 1/8/2009. On or
before 130/2009, defendants shall deposit with Clerk a 59th interim
payment of costs in amount of $750,000.00 which amount shall be
invested in interest-bearing account previously opened for this
action. The Clerk directed to serve copy of this Order on Financial
Department. (Marciel, M)
January 9, 2009
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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 of 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, California. The court will hear
argument on that day and, as necessary, on February 4, 2009. On or
before January 23, 2009, the parties shall file a joint statement
setting forth their complete time estimates for oral argument. The
court may, as appropriate, send a list of questions to be addressed by
the parties at oral argument following receipt of the proposed
findings of fact and conclusions of law. (Duong, D)
January 14, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 1/13/09 ORDERING
that The Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq., Special Master Pannone Lopes & Devereaux LLC, 317 Iron
Horse Way, Suite 301, Providence, RI 02908 the amount of $373,386.48.
A copy of this order shall be served on the financial department of
this court. (cc Financial)(Dillon, M)
January 27, 2009
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
Judge Stephen Reinhardt and Judge Thelton E. Henderson on 1/7/09:
Accordingly, Mr. Von Staich's motion to intervene is DENIED, and his
motion to proceed in forma pauperis is also DENIED. (Kaminski, H)
January 27, 2009
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
Judge Stephen Reinhardt and Judge Thelton E. Henderson on 1/27/09:
Oral argument will commence at 10:00 AM on February 3, 2009, in the
Ceremonial Courtroom (Courtroom 1) of the United States Court of
Appeals for the Ninth Circuit, located at the James R. Browning
Courthouse, 95 Seventh Street, San Francisco, California. (Kaminski,
H).
January 30, 2009
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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.)
February 2, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 02/02/09 finding
that the attached orders were mistakenly not docketed in this case,
and ORDERING the Clerk to file these orders nunc pro tunc to 1/15/09.
(Attachments: # (1) Order To Show Cause - dated 1/15/09 re Health Care
Administrative Appeals Coordination Agreement, # (2) Order To Show
Cause - dated 1/15/09)(Streeter, J)
February 2, 2009
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adopted as an order of the court. NUNC PRO TUNC 1/15/09.(Streeter,
J)ORDER TO SHOW CAUSE signed by Senior Judge Lawrence K. Karlton on
01/15/09 ORDERING that the parties are granted until January 30, 2009
to show cause why the attached agreement (Health Care Administrative
Appeals Coordination Agreement) should not be
February 2, 2009
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ORDER TO SHOW CAUSE signed by Senior Judge Lawrence K. Karlton on
01/15/09 ORDERING that the parties are granted until January 30, 2009
to show cause why the attached agreement (Transcription and Dictation
Coordination Agreement) should not be adopted as an order of the
court. NUNC PRO TUNC 1/15/09(Streeter, J)
February 2, 2009
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ORDER Approving Defendants' Request For An Extension of Time to
Respond To Court Order to Deposit Fees signed by Senior Judge Lawrence
K. Karlton on 02/02/09. The deadline for Defendants to deposit
$750,000 in compliance with this Court's order of December 16, 2008,
is extended to 1/26/09.(Streeter, J)
February 3, 2009
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ORDER to SHOW CAUSE signed by Senior Judge Lawrence K. Karlton on
2/2/09: The parties are granted five days from the date of this order
to show cause, if any they have, why this court should not require
defendants to continue to operate, on a temporary emergency basis, all
mental health crisis beds at CIM-GACH as presently operated and at
current staffing levels until further order of this court. (Kaminski,
H)
February 5, 2009
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THREE-JUDGE COURT ORDER REQUIRING FURTHER BRIEFING signed by Senior
Judge Lawrence K. Karlton, Judge Stephen Reinhardt and Judge Thelton
E. Henderson on 2/4/09: On or before February 18, 2009, the parties
and intervenors shall file briefs, not exceeding fifteen pages.
(Kaminski, H)
February 9, 2009
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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 order. 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 accomplish 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 event, 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 plaintiffs are prepared to enter
into with the defendants as well as with any intervenors who elect to
join such settlement. The parties and intervenors individually are
each requested to advise the Court within 10 days of this tentative
ruling whether they would like the assistance of a court-appointed
settlement referee to aid in their discussions and, if so, whether
they would have any objection to the appointment of the prior
settlement referees Justice Elwood Lui and Justice Peter Siggins for
that purpose. (Duong, D)
February 17, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 2/17/09 re 3513
ORDERING that defendants to file and serve a statement setting forth
the present bed plan not later than fifteen days from the date of this
order. Plaintiffs may respond not later than fifteen days thereafter.
An evidentiary hearing is SET for March 24, 2009 at 1:30 PM. (Duong,
D)
February 17, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 2/17/09 ORDERING
that defendants operate, on an emergency basis, the mental health
crisis beds at CIM-GACH as presently operated and at current staffing
levels until further order of this court. (Duong, D)
February 19, 2009
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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)
March 4, 2009
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STIPULATION and ORDER re 3535 signed by Senior Judge Lawrence K.
Karlton, US Circuit Judge Stephen Reinhardt and Judge Hendrson on
3/4/09. Pursuant to stipulation, Legislator Intervenors Jeff Denham,
Greg Aghazarian, Alan Nakanishi, and George Plescia are DISMISSED from
this action and No. C01-1341 TEH with prejudice.(Kastilahn, A)
March 5, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/5/2009 ORDERING
that the defendants are directed to work immediately and with full
dispatch on the development of a plan, so the financial aspects
thereof can be included in the upcoming budget process if necessary.
Defendants shall provide a written report on the progress w/i 10 days.
The report shall specify the names of each person who is responsible
for development of the plan, and exactly what they have been doing
from the date of receipt of this order. Response shall also include
the address of each person, as well as their title. Defendants shall
inform the court in the report of the status of the 50-bed Mental
Health Crisis unit at California Men's Colony. The hearing SET for
3/24/2009 will now be for the purpose of considering what further
steps are required to insure timely compliance. Defendants will have
present the leading persons specified in the report. (Waggoner, D)
March 24, 2009
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THREE JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
Circuit Judge Stephen Reinhardt, and Senior Judge Thelton E. Henderson
on 3/24/2009 ORDERING 3546 Pursuant to Stipulation, Legislator
Intervenors Bob Margett and Richard Ackerman are DISMISSED from
2:90-CV-0520 LKK JFM PC and No. C01-1341 TEH with prejudice. (Reader,
L)
March 27, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/26/09 ORDERING
that within thirty days from the date of this order, defendants shall
deposit with the Clerk of the Court a sixtieth 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. (Becknal, R)
March 30, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 03/27/09 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 $357,208.33. A copy
of this order shall be serve on the financial department of the court.
(cc: Financial) (Plummer, M)
March 31, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/30/09 ORDERING
that Within 30 days from 3/24/09, dfts shall take all steps necessary
to have executed contracts, and shall file appropriate declarations;
Within 30 days from the date of this order, dfts shall file a detailed
schedule for completing, opening, and filling the 64-bed ICF at SVSP,
open for occupancy not later than 6/15/09, and dfts shall file a
certification attesting thereto not later than 5 days thereafter; On
or before 5/26/09, dfts shall file with the court and submit to the
special master and pltfs detailed activation schedules for completion
of all other court ordered construction projects. Pltfs will be
granted until 6/9/09 to submit comments to the special master on the
activation schedules; Over the next 60 days, dfts shall continue to
meet with the special master and, as appropriate in consultation with
the Plata Receiver, to develop concrete proposals to meet the
remaining short-term, intermediate, and long range bed needs. On or
before 5/26/09, dfts shall file with the court and submit to the
special master and the pltfs a final proposal. Pltfs will be granted
until 6/9/09 to submit comments to the special master on the final
proposal; this matter is set for Hrg on 6/16/09 at 1:30 p.m. on the
adequacy of dfts activation schedules for all court-ordered projects;
Dft Mayberg shall attend in person all meetings set by the special
master unless the special master determines that dft Maybergs
attendance is not required; Within 60 days or on such schedule as the
special master may direct, CDCR and DMH clinicians shall work together
to conduct a modified assessment to determine whether there are unmet
needs for inpatient care among members of the pltf class. (Becknal, R)
April 2, 2009
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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)
April 15, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 4/14/09 ORDERING
the clerk to pay to Matthew A. Lopes Jr., Esq., Special Master, the
amt of $268,672.26 in accordance w/ the statment; and Financial to be
served w/ a copy of this order. (cc: Financial)(Yin, K)
April 15, 2009
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CORRECTED ORDER CONFIRMING UNDISPUTED ATTORNEY'S FEES AND COSTS FOR
THE FOURTH QUARTER OF 2008 signed by Magistrate Judge John F. Moulds
on 4/14/09 ORDERING that pltf's fees and costs of $94,776.34, plus
interest, are due and collectable as of 45 days of this order;
interest on these fees and costs will run from 3/14/09, accruing at
the rate provided by 28 U.S.C. 1961. (Yin, K)
April 22, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 4/21/09 ORDERING
that the clerk is directed to pay Matthew A Lopes, Jr. Esq. the amount
of $345,056.21 in accordance with the attached statement. (cc:
Financial) (Gaydosh, J)
April 27, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 4/24/09 ORDERING
within 30 days from the date of this order, dfts shall deposit with
the Clerk of the Court a sixty-first interim payment of costs in the
amount of $750,000.00 which amount shall be invested in the interest
bearing account previously opening for this action. The Clerk of the
Court is directed to serve a copy of this order on the Financial Dept
of this Court. (Carlos, K)
April 28, 2009
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ORDER Waiving State Law re: Salinas Valley State Prison signed by
Senior Judge Lawrence K. Karlton on 4/28/2009. (Matson, R)
May 5, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 05/05/09 ORDERING
that dfts shall report to the court immediately if any of the 3574
dates set for activation of wings in the Salinas Valley State Prison
intermediate care facility are delayed for any reason. (Benson, A.)
May 29, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 5/28/09 ORDERING
that defendants opposition to plaintiffs 5/6/09 motion for attorneys
fees shall be filed and served on or before 6/1/09; Plaintiffs reply
brief, if any, shall be filed and served on or before 6/25/09; and
hearing on plaintiffs motion is continued from 6/4/09 to 7/2/09 at
11:00 a.m.(Dillon, M)
June 2, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 6/1/09 ORDERING
that w/in 45 days, dfts to deposit w/ the clerk a 62 interim payment
of costs in the amt of $750,000.00; and the clerk to serve a copy of
this order on the Financial Dpt. (cc: Financial) (Yin, K)
June 5, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 06/04/09 ordering
the clerk of the court is directed to pay Matthew A. Lopes, Special
Master the amount of $417,841.77. A copy of this order shall be serve
on the financial department of the court. (cc: Financial)(Plummer, M)
June 18, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 6/17/09: The
activation schedules for court-ordered projects proposed by defendants
are approved and the timeframes set forth in the schedules shall be
met. Defendants' long-range plan is not approved. Status Conference is
set for 9/22/2009 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge
Lawrence K. Karlton. (Kaminski, H)
July 2, 2009
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is Court. (Marciel, M)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 th
July 6, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 7/2/09 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq., Special Master, the amount of $384,875.29 in accordance
with the attached statement; and a copy of this order shall be served
on the financial department of this court. (cc Financial)(Dillon, M)
July 9, 2009
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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 expiration 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 and any barriers to completing all necessary actions
remaining to renew or execute the contract by 12/31/09. In the event
that dfts determine, at any time, that an applicable state law or
regulation must be waived in order to renew or execute the contract by
12/31/09, dfts shall immediately file a motion with this Court
identifying any applicable law or regulation that must be waived, and
requesting the Court enter an order waiving such provision.
(Kastilahn, A)
July 16, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 7/16/09 and
3621stipulated 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)
August 4, 2009
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5% of their combined design capacity.(Waggoner, D)OPINION and ORDER
signed by Three-Judge Panel on 8/4/2009 ORDERING defendants to provide
the court with a population reduction plan within 45 days that will in
no more than two years reduce the population of the CDCR's adult
institutions to 137.
August 4, 2009
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ORDER signed by Three-Judge Panel on 8/4/2009 ruling on Evidentiary
Matters related to 3641 Opinion & Order. (Waggoner, D)
August 25, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/25/09 ORDERING
that within 45 days, dfts shall deposit with the Clerk a sixty-third
interim payment of costs in the amount of $750,000 which shall be
invested in the interest-bearing account previously opened for this
action. The Clerk is directed to serve a copy of this order on the
financial dept of this court. (cc: CFS) (Engbretson, K.)
August 28, 2009
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(cc: Financial)(Yin, K)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.
September 3, 2009
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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)
September 4, 2009
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AMENDED ORDER signed by Senior Judge Lawrence K. Karlton on 9/4/09:
Defendants' August 28, 2009 request for an extension of time is
granted 3651. Defendants' final staffing plan shall be filed and
served on or before September 30, 2009. (Kaminski, H)
September 11, 2009
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THREE-JUDGE COURT ORDER on 9/11/2009 GRANTING 3657 Motion to Compel.
Defendants are required to provide the information requested to
plaintiffs on or before 9/18/2009. Plaintiff's request to advance the
meeting currently set for 9/14/09 is DENIED. The August 4, 2009 order
contemplates an alternative process to resolve objections to any
proposed plan in the event that consultation between the parties prior
to submission of the plan fails to do so. (Waggoner, D)
September 11, 2009
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ORDER of US Supreme Court: The application for Stay is DENIED. In
denying the stay, the Court takes note of the fact that the
three-judge district court has indicated that its final order will not
be implemented until this Court has had the opportunity to review the
district courts decree. (Donati, J)
September 15, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 9/15/09 ORDERING
the clerk to pay to Matthew A. Lopes, Jr., Esq., Special Master, the
amt of $370,958.85 in accordanc w/ the attached statment; and a copy
of this order to be served on the financial department. (cc:
Finacial)(Yin, K)
September 24, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 9/24/2009 ORDERING
that within 30 days from the date of this order, defendants shall file
a written report specifially addressing matters as outlined in the
instant order. Within 45 days from the date of the hearing, defendants
shall file with the court a detailed long-range plan, including
activation schedules; within 20 days after defendants file their
detailed long-range plan, plaintiffs may file a response thereto;
defendants shall identify any waivers of state law that may by
required to complete the projects that comprise the long-range plan,
either at the time the plan is filed or as the need for such waiver
arises; the burden of requesting any such waiver shall be on the
plaintiffs; the court expects defendants to comply in full with this
order. In the event of material non-compliance, the court will set an
evidentiary hearing at which time the court willhear testimony from
any person with knowledge of the reason or reasons for such
non-compliance and from any party or agent of any party who has
authority to ensure compliancewith this order but who has failed to do
so. Paragraph 3(a) of the courts June 18, 2009 order is hereby
modified as provided in the instant order. By 9/23/09 notice
concerning the 45 additional EOP-ASU beds at CSP-Corcoran, dfendants
have satisfied their obligation under paragraph 3(a) of the court's
6/18/09 order with respect to the impediment described in the 9/23/09
notice.(Waggoner, D)
October 2, 2009
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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)
October 7, 2009
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STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on
10/6/09 re 3697 ORDERING that Plaintiffs shall file their opposition
to "Defendants' 3695 Motion to Modify the Special Master's Expert's
Report on Suicides Completed in the California Department of
Corrections and Rehabilitation in Calendar Year 2007" on or before
October 23, 2009. Defendants shall file their reply brief regarding
this motion on or before November 6, 2009. (Duong, D)
October 21, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 10/20/2009
ORDERING that dfts shall deposit with the Clerk of Court a 64th
interim payment of costs within 45 days. (cc: Financial Sacramento)
(Suttles, J)
October 21, 2009
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
Senior Judge Thelton E. Henderson and Court of Appeal Judge Stephen
Reinhardt on 10/21/09 REJECTING 3678 Defendants' Population Reduction
Plan and DIRECTING the submission of a plan that complies with 3641
Opinion & Order. (Donati, J)
October 30, 2009
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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)
November 2, 2009
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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 care 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 State 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 Facility; 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.)
November 13, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 11/12/09 and
stipulated between the parties that pltfs' fees and costs of
$311,679.91, plus interest, are due and collectable w/in 45 days.(Yin,
K)
November 18, 2009
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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 population 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 by defendants. Should plaintiffs or intervenors
propose any population reduction measures that require the waiver of
any provision of state law, they shall so advise the court, and
explain why the proposed waiver is permissible under 18 USC
3626(a)(1)(B). Should plaintiff's or intervenors propose any
population reduction measures that would require state funding that is
otherwise not provided for, or if any of the objections to the
population reduction measures proposed by defendants would be
ameliorated or resolved by the provision of state funding for use in
connection with such measures, they shall identify the measures
requiring such funding, and provide estimates of the amounts required
for use in connection with each such measure. Defendants shall submit
their responses to such comments, objections, and proposals on or
before 12/18/09. (Plummer, M)
November 23, 2009
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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)
December 4, 2009
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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)
December 7, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 12/4/09: Within
forty-five days from the date of this order, defendants shall deposit
with the Clerk of the Court a sixty-fifth interim payment of costs in
the amount of $750,000.00 which amount shall be invested in the
interest-bearing account previously opened for this action. The Clerk
of the Court is directed to serve a copy of this order on the
Financial Department of this Court. (Kaminski, H)
December 8, 2009
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STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on
12/07/09 ORDERING that dfts' short-term, emergency project to pilot
double bunk the inmate-patients in one 10-cell wing in Treatment
Center 1 of the Salinas Valley Psychiatric Program at Salinas Valley
State Prison, shall be MODIFIED so that the pilot double-bunk project
will proceed forward in Treatment Center 2, rather than in Treatment
Center 1. (Benson, A.)
December 9, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 12/8/09 ORDERING
the clerk to pay to Matthew A. Lopes, Jr., Esq, Special Master, the
amt of $409,866.86 in accordance w/ the statement attached to this
order; and a copy of this order to be served on the financial dpt of
this court. (cc: Financial)(Yin, K)
December 11, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 12/11/09 waiving
state law re: California State Prison, Sacramento. (Donati, J)
December 22, 2009
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STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on
12/21/09 ORDERING that Plaintiffs have until 1/12/10 to file response
to 3738 Defendants' filing concerning short-term project re Outpatient
Program Yard Beds. (Owen, K)
December 23, 2009
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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)
January 4, 2010
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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 master 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 completion 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 72-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.)
January 12, 2010
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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 days following each
of the deadlines described above, defendants shall file a report
advising the court whether the estimated population reduction has been
achieved. The effective date of this Order is STAYED pending the
United States Supreme Court's consideration of the appeal of our
August 4, 2009 Opinion and Order and any appeal of this Order. (Duong,
D)
January 13, 2010
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STIPULATION and ORDER 3766 signed by Senior Judge Lawrence K. Karlton
on 1/13/10, ORDERING that pltfs shall have until 1/21/2010, to file
their response, if any, to dfts' 12/4/2009 filing concerning dfts'
short-term project for 150 Level III/IV Enhanced Outpatient Program
Sensitive Needs Yard beds at the Substance Abuse Treatment Facility.
(Kastilahn, A)
January 27, 2010
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ORDER granting in part and denying in part defendants' December 31,
2009 MOTION 3760 signed by Senior Judge Lawrence K. Karlton on
1/27/10: Status Conference set for 3/29/2010 at 11:00 AM in Courtroom
4 (LKK) before Senior Judge Lawrence K. Karlton. (Kaminski, H)
.Modified on 1/29/2010 (Kaminski, H).
January 29, 2010
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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)
February 5, 2010
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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)
February 12, 2010
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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 granted; 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 EOP
conversion project is dropped from calendar. Within 90 days from the
date of this order defendants shall either renotice said motion for
hearing on this court's regular law and motion calendar pursuant to
the provisions of Local Rule 230 or file a notice withdrawing said
motion. This court's 1/4/10 order requiring defendants to submit a new
activation schedule for the proposed DeWitt conversion project is
stayed pending resolution of defendants' motion for reconsideration of
said order; and Defendants' motion for reconsideration of this court's
1/4/10 order requiring defendants to submit a new activation schedule
for the proposed DeWitt conversion project is reset to 3/29/10 at
11:00 a.m; (Becknal, R)
February 16, 2010
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STIPULATION and ORDER 3800 for temporary stay signed by Senior Judge
Lawrence K. Karlton on 2/16/2010. Court stays all attorneys fees,
costs, and expense matters related to Three-Judge panel until
10/1/2010. (Marciel, M)
February 17, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 2/16/10 ORDERING
that plaintiffs fees and costs of $213,845.71, plus interest, are due
and collectable as of forty-five days from the date of entry of this
Order. Interest on these fees and costs will run from 12/20/09,
accruing at the rate provided by 28 U.S.C. §1961.(Dillon, M)
February 22, 2010
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THREE-JUDGE ORDER signed on 2/22/2010 ORDERING Legislator Intervenors
Nathan Fletcher, John J. Benoit and Dave Cogdill are DISMISSED from
2:09-cv-0520 LLK JFM P and C01-1351 TEH with prejudice. (Matson, R)
February 24, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 2/24/10 ORDERING
that within forty-five days from the date of this order, defendants
shall deposit with the Clerk of the Court a sixty-sixth interim
payment of costs in the amount of $750,000.00 which amount shall be
invested in the interest-bearing account previously opened for this
action; and the Clerk of the Court is directed to serve a copy of this
order on the Financial Department of this Court. (cc
Financial)(Becknal, R)
February 25, 2010
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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)
March 4, 2010
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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)
March 24, 2010
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ORDER defendants have requested a withdrawal 3821 of their 3791 Motion
for Reconsideration and requested 7 days to submit their DeWitt
activation schedule. The court GRANTS defendants' request for an
additional 7 days. The hearing on the motion for reconsideration is
VACATED. Defendants shall submit within 7 days of this order the
DeWitt activation schedule required by the court's 1/4/2010 order.
Status conference set by the 1/27/10 order remains on calendar. Signed
by Senior Judge Lawrence K. Karlton on 03/24/2010. (Holland, K)
March 25, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 3/24/2010 ORDERING
the clerk to pay to Matthew A. Lopes, Jr., Special Master, the amount
of $346,204.07; a copy of this order to be served on the financial
dpt. of this court. (cc: Financial)(Yin, K)
March 31, 2010
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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 90 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)
April 13, 2010
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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)
April 14, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 4/13/2010 ORDERING
the clerk to pay to Matthew A. Lopes, Jr. Esq., Special Master, the
amt of $430,680.92 in accordance w/ the statement; and a copy of this
order to be served on financial. (cc: Financial) (Yin, K)
April 14, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 4/14/2010 ORDERING
that the 3758 Special Master's Recommendations are not adopted at this
time. Over the next 120 days, dfts shall review all suicide prevention
policies and practices, all suicide review and reporting processes,
and the implementation of such policies, practices and processes.
Within 45 days thereafter the special master shall report to the court
on the foregoing review. DMH Dfts shall meet and confer with the
special master concerning production of information essential to the
special master's suicide review process and shall develop, if
necessary, appropriate policies and procedures for such production.
This shall take place within the 120 day review period set by this
order. (Engbretson, K.)
April 14, 2010
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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.)
May 12, 2010
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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)
May 26, 2010
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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 resolution 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)
June 15, 2010
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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 accelerate 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.)
June 17, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 6/17/10 ORDERING
the special master's 6/17/10 request for appointment of additional
staff is granted; and the special master is authorized to appoint
Steven Raffa, Esq. and Kristina Hector, Esq. as staff members to
perform the duties set forth in the Special Master's Request for the
Appointment of Additional Staff, filed 6/17/10, and to be compensated
at the rates set forth therein. (Becknal, R)
June 18, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 6/16/10 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq., Special Master, the amount of $363,571.33 in accordance
with the attached statement; and a copy of this order shall be served
on the financial department of this court. (cc Financial)(Dillon, M)
June 21, 2010
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STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on
6/18/10 ORDERING dfts to replace the 150-bed Level III/IV EOP-GP
project at SOL with the intermediate-term project described in this
order for 150-bed Levin IV EOP-SNY beds at RJD. (Carlos, K)
June 21, 2010
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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) Modified on 6/22/2010 (Plummer,
M).
June 23, 2010
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(cc: Financial) (Yin, K)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.
June 24, 2010
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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)
July 21, 2010
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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)
August 4, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/4/10 ORDERING
that the hearing on the MOTION TO INTERVINE filed 7/9/10 3878 is
VACATED. The matter will stand submitted. (Mena-Sanchez, L)
August 4, 2010
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STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on
8/4/10 ORDERING that Defendant shall have a one hundred twenty day
extension of time up to and including 11/26/2010, to develop and file
with the Court their plan to reduce or eliminate the wait lists for
inpatient care and, in the interim, to better serve the tratment needs
of Coleman class members placed on such lists. (Mena-Sanchez, L)
August 11, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 8/10/10 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq., Special Master the amount of $408,834.45 in accordance with
the attached statement; and a copy of this order shall be served on
the financial department of this court. (cc Financial)(Dillon, M)
August 12, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/11/2010. Within
45 days from date of this Order, defendants shall deposit with Clerk a
69th interim payment of costs in amount of $750,000.00 which amount
shall be invested in interest-bearing account previously opened for
this action. Clerk directed to serve a copy of Order in Financial
Department of Court. (cc: CFS) (Marciel, M)
August 12, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/11/2010. The
hearing on the 3871 Motion to Compel payment of fees is VACATED. If
Court later determines that a hearing is necessary, Court will set one
for a later date. Absent such a determination, matter will stand
SUBMITTED. (Marciel, M)
August 20, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 8/19/10 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq., Special Master, the amount of $532,303.30 in accordance
with the attached statement; and a copy of this order shall be served
on the financial department of this court. (cc Financial)(Dillon, M)
August 30, 2010
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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)
September 2, 2010
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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)
September 13, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 9/13/2010 ORDERING
that defendants' opposition to 3907 9/3/2010 Motion shall be filed and
served on or before 9/16/2010. Plaintiffs' reply, if any, shall be
filed and served on or before 9/17/2010. In the event that the court
determines that oral argument is required, the court will set the
matter by subsequent order. The court will not set this matter for
evidentiary hearing on 9/20/2010. (Donati, J)
September 22, 2010
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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)
October 4, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 10/1/10 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq., Special Master, the amount of $424,356.49 in accordance
with the attached statement; and a copy of this order shall be served
on the financial department of this court. (cc Financial)(Dillon, M)
October 4, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 10/1/10 ORDERING
that plaintiffs fees and costs of $199,451.75, plus interest, are due
and collectable forty-five days from the date of entry of this Order.
Interest on these fees and costs will run from August 28, 2010,
accruing at the rate provided by 28 U.S.C. §1961.(Dillon, M)
October 5, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 10/5/10: The
parties are granted thirty days from the date of this order to file
and serve responses to the special master's report and recommendation,
and fifteen days thereafter to file and serve a reply to any such
response. (Kaminski, H)
October 5, 2010
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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 at 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 shall 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
provisions 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 of 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 hospital facilities to determine whether any of
those inmates can be transferred to another ICF facility. Within sixty
days thereafter defendants shall complete the review and evaluation of
inmates in Level IV DMH inpatient hospital facilities and shall report
to the special master on the outcome of those evaluations. (Kaminski,
H)
October 13, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 10/13/2010
ORDERING 3933 Defendants' 3932 Request for stay pending disposition of
their motion for relief from part of this court's 10/5/2010 order is
GRANTED; dfts are relieved of the obligation to comply with paragraph
2 of this court's 10/5/2010 order pending further order of the court;
Within 7 days from the date of this order pltfs shall file and serve a
response to dfts' motion for relief from certain provisions of the
court's 10/5/2010 order; and Upon the filing of pltf's response, the
court will either resolve dfts' motion for relief on the papers or set
the matter for further hearing. (Reader, L)
October 15, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 10/15/2010
ORDERING that within forty-five days from the date of this order,
defendants shall deposit with the Clerk of the Court a seventieth
interim payment of costs in the amount of $750,000.00 which amount
shall be invested in the interest-bearing account previously opened
for this action. The Clerk of the Court is directed to serve a copy of
this order on the Financial Department of this Court. (cc: CFS)(Duong,
D)
October 21, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 10/20/10 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq. Special Master the amount of $344,462.63 in accordance with
the attached statement; and a copy of this order shall be served on
the financial department of this court. (cc Financial)(Dillon, M)
October 22, 2010
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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)
November 2, 2010
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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.)
November 18, 2010
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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 within 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
administration 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.)
December 1, 2010
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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)
December 15, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 12/15/10, ORDERING
that within 45 days from the date of this order, dfts shall deposit
with the Clerk a seventy-first interim payment of costs in the amount
of $750,000.00 which amount shall be invested in the interest-bearing
acct previously opened for this action. The Clerk is directed to serve
a copy of this order on the financial dept of this court.(Kastilahn,
A)
December 17, 2010
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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)
January 4, 2011
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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)
January 20, 2011
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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).
February 7, 2011
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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)
February 10, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 2/9/11 ORDERING
that within forty-five days from the date of this order, defendants
shall deposit with the Clerk of the Court a seventy-second interim
payment of costs in the amount of $750,000.00 which amount shall be
invested in the interest-bearing account previously opened for this
action. The Clerk of the Court is directed to serve a copy of this
order on the Financial Department of this Court. (CFS)(Duong, D)
February 15, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 2/14/11 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq., Special Master, the amount of $460,410.35 in accordance
with the attached statement; and a copy of this order shall be served
on the financial department of this court. (cc Financial)(Dillon, M)
February 15, 2011
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e 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) Modified on 2/18/2011 (Williams, D).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
meet and confer regarding the nonparalegal and paralegal rate issues
in Coleman. If the parties ar
February 18, 2011
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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)
March 25, 2011
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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)
April 1, 2011
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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)
April 13, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 4/13/11, ORDERING
that within 45 days from the date of this order, defendants shall
deposit with the Clerk a seventy-third interim payment of costs in the
amount of $750,000.00, which amount shall be invested in the
interest-bearing account previously opened for this action. The Clerk
is directed to serve a copy of this order on the Financial Dept of
this Court. (Kastilahn, A)
April 20, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 4/19/11 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq., Special Master, the amount of $457,952.24 in accordance
with the attached statement; and a copy of this order shall be served
on the financial department of this court. (cc Financial)(Dillon, M)
April 28, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 4/27/2011 ORDERING
that this matter is referred to the special master for review and
recommendations. Within 45 days, the special master shall report to
the court on the adequacy of dfts' plan and whether, in light of
pltfs' objections, any modification(s) thereto should be required.
(Zignago, K.)
April 28, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 4/27/2011 and
stipulated between the parties that pltf's fees and costs of
$149,430.68, plus interest, are due and collectable w/in 45 days;
interest on this amt will run from 3/10/2011, accruing at the rate
provided by 28 USC 1961. (Yin, K)
May 19, 2011
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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)
May 26, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 05/26/11 ORDERING
that the Clerk is directed to pay Matthew A. Lopes, Jr., Special
Master, the amount of $511,364.56 in accordance with the attached
statement; a copy shall be served on Financial (cc: Financial).
(Benson, A.)
May 26, 2011
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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.)
June 16, 2011
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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)Modified on 5/21/2014 (Reader, L).
June 17, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 6/17/2011 ORDERING
4020 that the parties are GRANTED 14 days from the date of this order
to file and serve responses to the special master's report and the
recommendations contained therein. (Reader, L)
June 28, 2011
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STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on
6/28/2011 re 4026 ORDERING that upon the parties' Stipulation, the
Defendants agree to pay Plaintiffs' counsel $110,905.88 in fees plus
costs of $484.30 within 45 days of the signing of this Order. On the
46th day following the entry of this Order, interest on any unpaid
amount will begin to accrue at the rate provided by 28 U.S.C. 1961.
The parties further agree to stay resolution of the 2010 rate for work
performed by paralegal and litigation assistants until final
resolution of the 2010 rates litigation in Armstrong v. Brown.(Duong,
D)
June 30, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 06/30/11 ORDERING
that w/i 45 days, dfts shall deposit with the Clerk a seventy-fifth
interim payment of costs in the amount of $750,000.00 which amount
shall be invested in the interest-bearing account previously opened
for this action; the Clerk directed to serve a copy of this order on
the Financial Department of this Court (cc: Financial). (Benson, A.)
June 30, 2011
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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.)
July 5, 2011
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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)
July 8, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 7/7/11 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq., Special Master, the amount of $360,828.57; and a copy of
this order shall be served on the financial department of this court.
(cc Financial)(Dillon, M)
July 11, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 07/11/11 ordering
the plaintiff's fees and costs of $255,753.31 plus interest are due
and collectable 45 days from the date of entry of this order. Interest
on this amount will run from 06/06/11 accruing at the rate provided by
28 USC 1961. (cc: Financial)(Plummer, M)
July 11, 2011
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ORDER from the SUPREME COURT of the UNITED STATES ordering the court
affirmed the judgment below in Brown v. Plata 563 U.S. 2011. Therefore
the appeal is dismissed. (Plummer, M)
July 20, 2011
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ORDER denying motion filed by Clark and Saif'ullah signed by Senior
Judge Thelton E. Henderson on 7/19/11. (Kaminski, H)
July 21, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 7/21/11 ORDERING
that The fourth recommendation in the Special Master's 9/27/10 Report
is adopted in full; Within sixty days from the date of this order
defendants shall file with the court and submit to the special master
a plan to furnish suicide- resistant beds in their MHCBs for any
at-risk inmates who would otherwise not be provided with a bed while
in an MHCB unit; and Within thirty days thereafter the Special Master
shall report to the court on the adequacy of defendants'
plan.(Mena-Sanchez, L)
July 22, 2011
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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 Inpatient Wait List are approved
and shall be implemented immediately; Within ten days from the date of
this order defendants shall inform the Court in writing whether the
EECP will continue. This matter is SET for Evidentiary Hearing on
8/17/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge
Lawrence K. Karlton. (Mena-Sanchez, L)
July 29, 2011
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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)
August 1, 2011
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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 agree 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
determined 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)
August 15, 2011
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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; during the next 90 days dfts
shall work with the special master regarding assessment process, to be
completed by 12/9/11; dfts shall report to the Court regarding the
results no later than 12/14/11; dfts shall report to the Court
regarding the supplemental wait list plan every 30 days from the date
of this order until the time of the hearing; status report due 9/9/11
and every 30 days thereafter. (Manzer, C)
August 18, 2011
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ORDER signed by Senior Judge Lawrence K. Karlton on 8/17/11 ORDERING
w/in 45 days from the date of this order, defendants shall deposit
with the Clerk of the Court a seventy-sixth interim payment of costs
in the amount of $750,000.00 which amount shall be invested in the
interest-bearing account previously opened for this action; and the
Clerk is directed to serve a copy of this order on the Financial
Department of this Court. (cc Financial)(Matson, R)
August 19, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 8/17/2011 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq. Special Master, Pannone Lopes & Devereaux LLC, Providence,
RI 02908, the amount of $366,810.21 in accordance with the attached
statement; and a copy of this order shall be served on the financial
department of this court. (Reader, L)
August 25, 2011
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THREE-JUDGE COURT ORDER signed by Senior Judge Thelton E. Henderson on
8/25/11 DENYING Request for Intervention by Inmate Eduardo Alvarez, et
al. (Attachments: # (1) Certificate of Service, # (2) Request for
Intervention)(Donati, J)
August 25, 2011
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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)
September 14, 2011
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THREE-JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Stephen
Reinhardt and Thelton Henderson 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 individual 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) Modified on 3/31/2014 (Donati, J).
September 19, 2011
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8/30/11 accruing at the rate provided by 28 USC 1961. (cc: Financial)
(Plummer, M)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 0
October 4, 2011
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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)
October 5, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 10/3/11. Defendants
agree to pay Plaintiffs counsel $418,957.58 within 45 days of the
signing of this Order. On the 45th day following the entry of this
Order, interest on any unpaid amount will begin to accrue at the rate
provided by 28 U.S.C. § 1961. (Dillon, M)
October 7, 2011
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ORDER signed by Judge Lawrence K. Karlton on 10/6/2011 ORDERING
Pursuant to the stipulation of the parties, and good cause appearing,
this Court HEREBY AMENDS its 5/1/2006 order #1800 to reflect that the
Locked Observation Unit at the California Men's Colony operating as a
Mental Health Crisis Bed Unit has forty-two beds and not thirty-six
beds, as the order originally stated. No further revisions are made to
that order. (Reader, L)
October 19, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 10/18/11 ORDERING
the Clerk of Court to pay to Matthew A. Lopes, Jr., Esq., Special
Master, the amount of $416,535.40 in accordance with the attached
statement. (Attachments: # (1) Statement for Fees and
Disbursements)(Meuleman, A)
October 19, 2011
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ORDER signed by Judge Lawrence K. Karlton on 10/19/2011 GRANTING the
Special Master's 4102 Request for Extension of Time. The Special
Master has to and including 11/18/2011 in which to report to Court
adequacy of defendants' 9/19/2011 plan. (Marciel, M)
October 19, 2011
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ORDER signed by Judge Lawrence K. Karlton on 10/19/2011. Within 45
days from date of Order, defendants shall deposit w/Clerk a 77th
interim payment of $750,000.00 which shall be invested in
interest-bearing account previously opened for this action. Clerk
directed to serve a copy of Order on Financial Department. (cc: CFS)
(Marciel, M)
October 25, 2011
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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)
November 16, 2011
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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 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 12/16/2011.
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. (Zignago, K.)
November 17, 2011
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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 and 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 promptly should any delays prevent
the L-Wing conversion from being completed as to L-3 by 4/6/2012, as
to L-2 by 4/30/2012, and as to L-1 by 5/31/2012. Defendants are
further required to apprise the Court promptly should patient
admissions not commence by 4/30/2012.(Reader, L)
November 18, 2011
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ORDER signed by Judge Lawrence K. Karlton on 11/17/11: Within
forty-five days from the date of this order, defendants shall deposit
with the Clerk of the Court a seventy-eighth interim payment of costs
in the amount of $750,000.00 which amount shall be invested in the
interest-bearing account previously opened for this action. The Clerk
of the Court is directed to serve a copy of this order on the
Financial Department of this Court. (cc: Financial Department).
(Kaminski, H)
November 23, 2011
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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)
December 5, 2011
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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. (Michel, G) Modified on 12/6/2011 (Michel, G).
December 7, 2011
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STIPULATION and ORDER resolving disputes regarding Coleman Post-
judgment fees and costs related toThree-Judge panel proceedings and
related appeals signed by Judge Lawrence K. Karlton on 12/6/11.
(Kaminski, H)
December 9, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 12/08/11 ordering
the clerk of the court is directed to pay to Matthew A. Lopes, Jr.,
Esq. Special Master, Pannone, Lopes & Devereaux LLC, 317 Iron Horse
Way, Suite 301, Providence, RI 02908 the amount of $404,948.37 in
accordance with the attached statement. A copy of this order shall be
served on the Financial Department of the Court. (cc:
Financial)(Plummer, M)
December 12, 2011
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ORDER signed by Judge Lawrence K. Karlton on 12/12/2011 CONTINUING
Evidentiary Hearing until 7/13/2012 at 10:00 AM in Courtroom 4 (LKK)
before Judge Lawrence K. Karlton. (Michel, G)
December 15, 2011
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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)
January 4, 2012
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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.)
February 7, 2012
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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)
February 10, 2012
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ORDER signed by Judge Lawrence K. Karlton, Circuit Judge Stephen
Reinhardt and Senior District Judge Thelton E. Henderson on 2/10/12
regarding 4152 Motion for an Order Requiring Defendants to Demonstrate
How They Will Achieve The Required Population Reduction. Defendants
shall file a response to the motion on or before 2/27/2012. Plaintiffs
shall file a reply on or before 3/5/2012. (Manzer, C)
February 15, 2012
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ORDER signed by Judge Lawrence K. Karlton on 2/15/2012 ORDERING that
within 45 days from the date of this order, defendants shall deposit
$750,000 with the clerk of court. The clerk is directed to serve the
financial department of this court. (cc Financial)(Donati, J)
February 16, 2012
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ORDER signed by Judge Lawrence K. Karlton on 2/16/12 AMENDING 1654
Order; Defendants are no longer required to provide monthly reports
and forms on use of force incidents at CSP-Corcoran. No further
revisions are made. (Manzer, C)
February 23, 2012
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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)
March 22, 2012
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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 Population 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)
March 30, 2012
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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)
April 11, 2012
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ORDER signed by Magistrate Judge John F. Moulds on 04/10/12 ordering
the clerk of the court is directed to pay to Matthew A. Lopes Jr.,
Esq., Special Master, Pannone, Lopes & Devereaux LLC, 317 Iron Horse
Way, Suite 301, Providence, RI 02908 the amount of $304,988.44 in
accordance with the attached statement. A copy of this order shall be
served on the financial department of the court. (cc:
Financial)(Plummer, M)
April 11, 2012
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ORDER signed by Magistrate Judge John F. Moulds on 04/10/12 ordering
the clerk of the court is directed to pay to Matthew A. Lopes Jr.,
Esq., Special Master, Pannone, Lopes & Devereaux LLC, 317 Iron Horse
Way, Suite 301, Providence, RI 02908 the amount of $206,743.57 in
accordance with the attached statement. A copy of this order shall be
served on the financial department of the court. (cc:
Financial)(Plummer, M)
April 19, 2012
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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)
May 16, 2012
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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)
June 7, 2012
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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)
June 12, 2012
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ORDER signed by Judge Lawrence K. Karlton on 6/12/12: Within
forty-five days from the date of this order, defendants shall deposit
with the Clerk of the Court an eightieth interim payment of costs in
the amount of $750,000.00 which amount shall be invested in the
interest-bearing account previously opened for this action. The Clerk
of the Court is directed to serve a copy of this order on the
Financial Department of this Court. (cc: Financial Department)
(Kaminski, H)
June 15, 2012
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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)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
June 18, 2012
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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)
July 10, 2012
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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)
July 13, 2012
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ORDER signed by Judge Lawrence K. Karlton on July 13, 2012. The Court
commends the parties and the Special Master for the remarkable
accomplishments to date in addressing the problems in access to
inpatient mental health care. In their status report, defendants
represent that the parties and the special master have agreed to
continue to meet and confer at sixty day intervals for the remainder
of this year on issues related to defendants' sustainable process for
identifying, referring and transferring inmates to inpatient care.
That will be the order of the court. (Rivas, A)
July 13, 2012
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ORDER signed by Magistrate Judge John F. Moulds on 7/12/12 ORDERING
that Plaintiffs fees and costs of $334,726.51, plus interest, are due
and collectable forty-five days from the date of entry of this Order.
Interest on this amount will run from March 25, 2012, accruing at the
rate provided by 28 U.S.C. § 1961. (Dillon, M)
July 16, 2012
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unt 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)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 amo
August 3, 2012
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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.)
August 24, 2012
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ORDER signed by Judge Lawrence K. Karlton on 8/24/12 ORDERING that
Within forty-five days from the date of this order, defendants shall
deposit with the Clerk of the Court an eighty-first interim payment of
costs in the amount of $750,000.00 which amount shall be invested in
the interest-bearing account previously opened for this action; and
The Clerk of the Court is directed to serve a copy of this order on
the Financial Department of this Court. (cc: Financial) (Becknal, R)
August 30, 2012
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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 their 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
Monitoring 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 improved 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 defendants' 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.)
September 4, 2012
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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)
September 7, 2012
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THREE-JUDGE COURT ORDER signed on 9/7/2012 ORDERING 4180 Motion and
4230 Motion are GRANTED in part and DENIED in part consistent with
this Order. All issues not specifically addressed in this Order are
DENIED without prejudice. (Waggoner, D)
September 19, 2012
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ORDER signed by Judge Lawrence K. Karlton on 9/19/12 ORDERING within
45 days from the date of this order, defendants shall deposit with the
Clerk of the Court an eighty-second interim payment of costs in the
amount of $750,000.00 which amount shall be invested in the
interest-bearing account previously opened for this action; and the
Clerk of the Court is DIRECTED to serve a copy of this order on the
Financial Department of this Court. (cc: Financial). (Meuleman, A)
September 25, 2012
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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)
October 11, 2012
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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)
October 18, 2012
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ORDER signed by Magistrate Judge John F. Moulds on 10/18/12 ordering
that plaintiff's fees and costs of $391,138.37, plus interest are due
and collectable 45 days from the date of entry of this order. Interest
on this amount will run from 08/01/12 accruing at the rate provided by
28 USC 1961. (cc: Financial) (Plummer, M)
October 18, 2012
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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)
November 27, 2012
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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)
November 29, 2012
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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)
December 6, 2012
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ORDER signed by Judge Lawrence K. Karlton on 12/5/2012 ORDERING that
within forty-five days from the date of this order, defendants shall
deposit with the Clerk of the Court an eighty-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 of the Court is directed to serve a copy of this order on the
Financial Department of this Court. (cc: Financial) (Zignago, K.)
December 6, 2012
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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)
December 14, 2012
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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)
January 8, 2013
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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 Lawrence 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.)
January 9, 2013
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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 the date of this order the
parties shall file briefs, which shall not exceed 25 pages in
accordance with this order. The effective date of any automatic stay
is POSTPONED for a period of 60 days after the 30th day after
defendants' motion was filed. (Donati, J)
January 11, 2013
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ORDER signed by Magistrate Judge John F. Moulds on 1/10/13 ordering
that plaintiff's fees and costs of $374,125.46 plus interest, are due
and collectable 45 days from the date of entry of this order. Interest
on this amount will run from 12/02/12 accruing at the rate provided by
28 USC 1961. (cc: Financial) (Plummer, M)
January 17, 2013
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ORDER signed by Magistrate Judge John F. Moulds on 1/17/13 ordering
that the 1/16/13 request for order shortening time is set for hearing
before the undersigned on 1/24/13 at 11:00 a.m. in Courtroom 26.
(Plummer, M)
January 17, 2013
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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 objection to the monitoring
report shall be filed on or before 30 days from 12/28/2012; within 14
days from the date of this order the special master shall file with
this court and the three-judge court the 2011 Suicide Report; any
objections to the 2011 Suicide Report shall be filed with this court
on or before 15 days from the date the report is filed.(Waggoner, D)
January 22, 2013
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ORDER signed by Judge Lawrence K. Karlton on 1/22/2013. Within 15 days
from date of Order, defendants shall file a written Statement setting
forth total number of California inmates they plan to return to
California state prisons from out of state facilities, the planned
timetable for returning said inmates, and where defendants plan to
house those inmates. (Marciel, M)
January 25, 2013
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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' motion to terminate this action is GRANTED;
responses to discovery requests propounded in connection with
defendants' motion to terminate this action shall be served within 14
days of service of the request; the provisions of LR 251 will not
apply to discovery disputes that may arise in connection with
defendants' motion to terminate this action. (See Order for Details)
(Yin, K)
January 28, 2013
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ORDER signed by Magistrate Judge John F. Moulds on 1/25/13 ORDERING
that The Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq. Special Master, the amount of $334,356.78 in accordance with
the attached statement; and a copy of this order shall be served on
the financial department of this court. (cc Financial)(Dillon, M)
January 29, 2013
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ORDER signed by Judge Lawrence K. Karlton on 1/28/13 ORDERING that
defendants shall cooperate fully in discovery propounded by plaintiffs
so that all discovery required to respond to the 4275 Motion to
terminate has been completed by 3/1/13; Plaintiff's opposition to the
Motion to Terminate is due no later than 3/15/13; Defendants' reply,
if any, is due no later than 3/22/13; Motion Hearing set for 3/27/2013
at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton.
(Manzer, C)
January 29, 2013
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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 comply with its terms and provisions. Neither defendants'
filings of the papers filed thus far nor any motions, declarations,
affidavits, or other papers filed subsequently shall serve as a
justification for their failure to file and report or take any other
actions required by this Court's Order. Defendants have advised us,
however, that they are unable to meet the 137.5% prisoner population
cap by June 2013 but that they will be able to do so essentially by
12/31/13. Accordingly, this Court modifies the 4032 Order by GRANTING
defendants a six-month extension in which to comply with its terms and
provisions. Defendants are now required to achieve the 137.5% prisoner
population cap by 12/31/13. Defendants shall take all steps necessary
to comply with the Order as amended. (Meuleman, A)
January 30, 2013
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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 theORDER 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 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)
February 13, 2013
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[DISCHARGED per 4353] 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,
defendants 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) Modified
on 2/25/2013 (Becknal, R).
February 14, 2013
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ORDER signed by Judge Lawrence K. Karlton on 2/13/13 ORDERING
Plaintiffs' Application for Leave to File Opposition to Defendants'
Objections and Motion to Strike or Modify Special Master's Report on
2011 Suicides is GRANTED. Plaintiffs' shall file the Opposition and
any associated pleadings by February 21, 2013. (Becknal, R)
February 14, 2013
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ORDER signed by Judge Lawrence K. Karlton on 2/14/2013 GRANTING
Plaintiff's 4336 Request to Seal Document(s) pursuant to L.R. 141.
(Michel, G)
February 14, 2013
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ORDER signed by Magistrate Judge John F. Moulds on 2/14/2013 DENYING
Defendants' 4327 Request for a Protective Order. (Donati, J)
February 25, 2013
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ORDER signed by Judge Lawrence K. Karlton on 2/25/13 ORDERING that the
February 13, 2013 order to show cause (ECF No. 4335), is DISCHARGED;
Plaintiffs motion (ECF No. 4323), is REMOVED from the courts March 11,
2013 Law & Motion calendar, and DENIED as moot. (Becknal, R)
February 26, 2013
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ORDER signed by Magistrate Judge John F. Moulds on 2/26/13:
Plaintiffs' request to take the deposition of Dr. John Brim on March
1, 2013 is granted. (Kaminski, H)
February 27, 2013
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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 4354 is granted. (Plummer, M) Modified on 2/27/2013 (Plummer,
M). Modified on 2/28/2013 (Plummer, M).
February 28, 2013
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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)
March 1, 2013
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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)
March 5, 2013
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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 Request 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 certify in writing that they have produced
all documents responsive to plaintiffs' Second Request for Inspection,
Items 7b, 7d, 7e, and 8c as required by this order; and plaintiffs'
request to compel production of weapon use tracking data is DENIED.
(cc: DAD)(Yin, K)
March 6, 2013
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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 plaintiffs will not be required to
produce expert reports or make their experts available for deposition
on or prior to 3/15/2013. The provisions of paragraph 2
notwithstanding, plaintiffs shall produce any expert reports they
receive promptly upon receipt. (Donati, J)
March 7, 2013
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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 shall forthwith make all
responsive UOF videos available to plaintiffs' expert at a date, time,
and CDCR location selected by plaintiffs and their expert, and to make
those UOF videos available to plaintiff's expert at the selected
location for as long as plaintiffs' expert deems necessary to complete
his review thereof. (cc: DAD)(Yin, K)
March 11, 2013
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THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt,
Senior Judge Lawrence K. Karlton and Senior Judge Thelton E. Henderson
on 3/11/2013 ORDERING that defendants shall file an opposition to
plaintiffs' request to file a supplemental brief not later than 5 days
from the date of this order. (Donati, J)
March 15, 2013
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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 2011 Suicide Report 4326 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) Modified on 3/22/2013 (Yin, K).
March 18, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/18/2013 GRANTING 4395
Plaintiffs' Request to File Under Seal the Confidential Declaration of
Jane Kahn in support of plaintiffs' Opposition to defendants' Motion
to Terminate. (Reader, L)
March 18, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/18/2013 ORDERING
Defendants motion to compel the deposition of Dr. Haney on or before
March 19, 2013, or to exclude his testimony, is DENIED; Plaintiffs
shall offer Dr. Haney for deposition at his earliest available time
and in any event not later than March 22, 2013; Defendants may file a
supplemental reply brief based on said deposition on or before 1:30
p.m. on March 26, 2013.(Waggoner, D)
March 18, 2013
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ORDER and ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton on
3/18/2013 ORDERING that the defendants shall show cause in writing, if
any they have, why their expert reports should not be stricken.
Written response to this order and to all of plaintiffs' evidentiary
objections (ECF no. 4226 ) is due by noon on 3/25/2013. The parties
shall be prepared to address these matters at the start of the hearing
on 3/27/2013. (Donati, J)
March 19, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/18/13 GRANTING 4407
Application to Exceed the Page Limit for Opposition. Plaintiffs may
submit their Opposition n ot to exceed a total of 90 pages. (Meuleman,
A)
March 22, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/21/2013 for the reasons
set forth in this court's 4394 order filed 3/15/13, Dr. Patterson's
determination that the death of Inmate HH was "more likely than not a
suicide" is sufficiently supported by the evidence; defendants'
assertion that the coroner declared the death a homicide is not so
supported; it is hereby ORDERED that defendants' 4326 motion to modify
the total number of inmate suicides in the 2011 Report and the
statistical analysis flowing therefrom is DENIED. (Yin, K)
March 25, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/25/2013 GRANTING 4449
Request to Seal Documents. (Michel, G)
March 25, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/25/2013 ORDERING 4490
Motion to exclude the expert declaration of Dr. Craig Haney is DENIED.
(Waggoner, D)
March 26, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/25/13: Defendants'
application to exceed page limits is GRANTED. Defendants' may file a
reply brief of 92 pages. (Kaminski, H)
March 26, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/26/13: The Court GRANTS
Defendants' application for a 5-minute extension of time, nunc pro
tunc, by which to file Defendants' Response to the Court's Order to
Show Cause and Plaintiffs' Objections, and their supporting documents.
(Kaminski, H)
March 26, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/26/13: Plaintiffs'
Request to File Under Seal the Confidential Declaration Of Ernest
Galvan in Support of Plaintiffs' Evidentiary Objections to Defendants'
Reply Declarants and Motion to Strike, and Response to Defendants
Objections is GRANTED. (Kaminski, H)
March 26, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/26/13: Defendants
shall, on or before 4:30 p.m. on Thursday, March 28, 2013, file
corrected versions of ECF Nos. 4326, 4487 and 4509, omitting all
citations to ECF No. 4314. (Kaminski, H)
March 29, 2013
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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)
April 5, 2013
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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 1/7/13. 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)
April 8, 2013
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ORDER signed by Judge Lawrence K. Karlton on 4/8/2013. Court has noted
three minor incorrect phrasings in 4/5/2013 4539 Order and they are
hereby corrected as follows: 1) On page 20, footnote 19, it should
read: In addition,Vorous does not explain how these matters came "to"
her knowledge such that she can now testify about them, since she says
that she did not observe them; 2) On page 34, line 23: the repetition
in brackets [ ] should be eliminated; 3) On page 42, line 25, it
should read: While this Court is refraining from making credibility
assessments in connection "with" this alternative disposition... IT IS
SO ORDERED. (Marciel, M)
April 11, 2013
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THREE-JUDGE COURT OPINION and ORDER signed by Judge Lawrence K.
Karlton, Stephen Reinhardt and Thelton E. Henderson on 4/11/2013
DENYING Defendants' Motion to Vacate or Modify Population Reduction
Order. (Donati, J)
April 11, 2013
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THREE-JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Stephen
Reinhardt and Thelton E. Henderson on 4/11/2013 REQUIRING a List of
Proposed Population Reduction Measures within 21 days of the date of
this order. (Donati, J)
April 12, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/11/13 ORDERING
that The Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq., Special Master, the amount of $394,216.69 in accordance
with the attached statement; and a copy of this order shall be served
on the financial department of this court. (cc Financial)(Dillon, M)
April 15, 2013
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ORDER signed by Judge Lawrence K. Karlton on 4/15/13 ORDERING within
forty-five days from the date of this order, defendants shall deposit
with the Clerk of the Court an eighty-fourth interim payment of costs
in the amount of $750,000.00 which amount shall be invested in the
interest-bearing account previously opened for this action; and the
Clerk of the Court is directed to serve a copy of this order on the
Financial Department of this Court. (cc Financial) (Becknal, R)
April 16, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/15/2013 ORDERING
the Clerk to pay to Matthew A. Lopes, Jr. Esq., Special Master, the
amount of $282,365.02; and a copy of this order shall be served on the
Financial Department of this court. (cc: DAD, Financial)(Yin, K)
April 17, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 2/16/13 ORDERING
that Plaintiffs fees and costs of $289,869.17, plus interest, are due
and collectable forty-five days from the date of entry of this Order.
Interest on this amount will run from March 1, 2013, accruing at the
rate provided by 28 U.S.C. § 1961.(Dillon, M)
April 22, 2013
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ORDER signed by Judge Lawrence K. Karlton on 4/22/2013 GRANTING 4547
Plaintiffs' Request to file under seal the confidential index to
Declaration of Ernest Galvan in support of motion for enforcement of
court orders and affirmative relief related to inpatient treatment.
4543(Reader, L)
April 23, 2013
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ORDER signed by Judge Lawrence K. Karlton on 4/22/13 ORDERING that the
time for compliance with this order is extended to 7/1/2013. The
Special Master shall report to the court on the outcome of this
process on or before 8/2/2013. (Kastilahn, A)
April 23, 2013
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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" month 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)
May 3, 2013
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er shall be served on the financial department of the court. (cc:
Financial and DAD) (Plummer, M)ORDER signed by Magistrate Judge Dale
A. Drozd on 05/02/13 ordering the Clerk of the Court is directed to
pay to Matthew A. Lopes, Jr. Esq., Special Master the amount of
$345,952.78 in accordance with the attached statement. A copy of this
ord
May 3, 2013
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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)
May 7, 2013
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ORDER signed by Judge Lawrence K. Karlton on 5/7/2013 GRANTING 4583
Application to exceed page limit for motion for enforcement of court
orders filed by Ralph Coleman; Plaintiffs may submit their motion not
to exceed a total of 62 pages. (Reader, L)
May 14, 2013
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ORDER signed by Judge Lawrence K. Karlton on 5/13/13 ORDERING that
Defendants' MOTION and REQUEST for a Status Conference and delay of
hearing on Plaintiffs' MOTIONS is DENIED.(Mena-Sanchez, L)
May 15, 2013
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ORDER signed by Judge Lawrence K. Karlton on May 15, 2013 re 4603.
Good Cause appearing, the Court GRANTS defendant's application for an
extension of time, nunc pro tunc, by which to file their declaration
in support of Defendants' Opposition to Plaintiffs' Motion for
Enforcement of Court Orders and Affirmative Relief Related to
Inpatient Treatment. (Rivas, A)
May 20, 2013
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ORDER signed by Judge Lawrence K. Karlton on 5/20/2013 GRANTING 4590
Notice of Request to Seal Document(s) filed by Edmund G. Brown, Jr.
(Zignago, K.)
May 24, 2013
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ORDER signed by Judge Lawrence K. Karlton on 5/24/2013 DENYING 4630
Motion for Extension of time without prejudice. On or before
5/30/2013, the parties shall meet and confer in good faith and they
shall on or before 5/31/2013 at 4:30p file with the court a proposed
schedule for completion of discovery. (Donati, J)
May 29, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/28/13 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq., Special Master, the amount of $130,060.11 in accordance
with the attached statement; and a copy of this order shall be served
on the financial department of this court.(Dillon, M)
May 31, 2013
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ORDER signed by Judge Lawrence K. Karlton on 5/31/2013 ORDERING the
deadling for defendants to deposit $750,000 in compliance with this
Court's 4/15/2013 Order is EXTENDED to 6/14/2013. (Waggoner, D)
May 31, 2013
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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)
June 11, 2013
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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' 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)
June 14, 2013
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ORDER signed by Judge Lawrence K. Karlton on 06/13/13 ordering within
45 days from the date of this order, defendants shall deposit with the
clerk of the court and 85th 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)
June 14, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 06/13/13 ordering
the clerk of the court is directed to pay to Matthew A. Lopes, Jr.,
Esq, Special Master, Pannone, Lopes & Devereaux, LLC, 317 Iron Horse
Way, Suite 301, Providence, RI 02908, the amount of $254,614.19 in
accordance with the attached statement. A copy of this order shall be
served on the Financial Department of the court. (cc: DAD and
Financial) (Plummer, M)
June 20, 2013
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THREE-JUDGE COURT ORDER: we order defendants to immediately take all
steps necessary to implement the measures in the Amended Plan,
notwithstanding any state or local laws or regulations to the
contrary, and, in any event, to reduce the prison population to 137.5%
design capacity by December 31, 2013, through the specific measures
contained in that plan, through the release of prisoners from the
Low-Risk List, or through the substitution of prisoners due to other
measures approved by this Court. Failure to take such steps or to
report on such steps every two weeks shall constitute an act of
contempt. (Attachments: # (1) Appendix)(Waggoner, D)
July 3, 2013
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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)
July 9, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 7/8/2013 ORDERING
that plaintiff's fees and costs of $1,600,000, plus interest, are due
and collectable within 45 days; interest on this amount will run from
5/27/2013, accruing at the rate provided by 28 U.S.C. § 1961.(Yin, K)
July 10, 2013
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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 Declarations 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 their Reply Briefs. On or before Thursday, 7/25/2013, parties
shall file a Joint Status Report setting forth their estimate(s) of
total time required to complete Evidentiary Hearing on plaintiffs'
Motions, and dates, if any, when counsel and/or witnesses will be
unavailable. Status Conference is RE-SET for 7/31/2013 at 10:00 AM in
Courtroom 4 (LKK). In all other respects, provisions of Court's
6/11/2013 4646 Order remain in full force and effect. (Marciel, M)
July 11, 2013
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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 staffing 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. Defendants shall cooperate fully in providing the
Special Master with all of the documents and facility access that he
may require to meet this obligation. The Special Master shall complete
one round of monitoring the adequacy of all inpatient programs and
report to the court thereon not later than 3/31/2014. Except as
expressly granted herein, plaintiffs' 4/11/2013 motion for orders
concerning inpatient care is DENIED without prejudice. (Zignago, K.)
July 12, 2013
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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, establish 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 guidance 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
competency 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 administrative
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 website all documentation referenced
within CDCR's own suicide reporting, including but not limited to
policies, post orders, DOM sections, local operating procedures, and
any other documents referenced in CDCR's suicide reports. (Meuleman,
A)
July 19, 2013
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STIPULATION and ORDER RE: Modification of Defendants' revised
long-range Mental Health Bed Plan to create a sensitive needs yard at
Valley State Prison for Inmates in a enhanced outpatient program
signed by Judge Lawrence K. Karlton on 7/19/13. On 9/16/13, Defendants
shall provide Plaintiffs' counsel with a list of the names and numbers
of Enhanced Outpatient Program prisoners housed in the Valley State
Prison Facility A Enhanced Outpatient Program unit as of 9/13/13. On
10/16/13, Defendants shall provide Plaintiffs' counsel with a list of
the names and numbers of Enhanced Outpatient Program prisoners housed
in the Valley State Prison Facility A Enhanced Outpatient Program unit
as of 10/14/13.(Mena-Sanchez, L)
July 25, 2013
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ORDER signed by Judge Lawrence K. Karlton on 7/25/13 GRANTING 4710
Motion to exceed page limit. (Dillon, M)
July 29, 2013
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ORDER signed by Judge Lawrence K. Karlton on 7/26/13: Within
forty-five days from the date of this order, defendants shall deposit
with the Clerk of the Court an eighty-sixth interim payment of costs
in the amount of $750,000.00 which amount shall be invested in the
interest-bearing account previously opened for this action. The Clerk
of the Court is directed to serve a copy of this order on the
Financial Department of this Court. (Kaminski, H)
July 31, 2013
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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)
August 1, 2013
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s 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)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 death 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 9/19/2013, 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
than 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 necessary, 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 Motion
August 7, 2013
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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 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
identfour 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. (cc: DAD)(Dillon, M)
Modified on 8/8/2013 (Plummer, M).
August 9, 2013
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THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt,
Senior Judge Lawrence K. Karlton and Senior Judge Thelton E. Henderson
on 8/9/2013 RESPONDING to Defendant's 4686 Request for Clarification
and MODIFYING Status Report Requirements. Defendants shall submit a
report by 9/16/2013 (Donati, J)
August 9, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 8/9/2013 DENYING
4732 Plaintiffs' Motion to Compel and GRANTING 4732 Defendants' Motion
to Quash. (Donati, J)
August 13, 2013
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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; defendant's 4742 Motion to Stay is SET
for hearing on 9/6/2013 at 10:00 a.m. in Courtroom 4 (LKK) before
Senior Judge Lawrence K. Karlton; pending further order of the court
the Special Master and parties shall proceed in accordance with the
schedule set by the Special Master and defendants shall comply with
all requests from the Special Master in connection with his monitoring
of inpatient hospital care for class members. (Waggoner, D)
August 23, 2013
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ORDER signed by Judge Lawrence K. Karlton on 8/23/2013 ORDERING that
defendants are GRANTED 10 days from the date of this order in which to
file and serve a response to plaintiff's request for court order.
Thereafter the matter will be submitted. (Donati, J)
August 26, 2013
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ORDER signed by Judge Lawrence K. Karlton on 8/26/13 ORDERING that
plaintiffs' application 4763 is GRANTED; and plaintiffs may submit
their Motion not to exceed a total of 35 pages. (Kastilahn, A)
Modified on 8/28/2013 (Yin, K).
August 26, 2013
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ORDER signed by Judge Lawrence K. Karlton on 8/26/13 ORDERING that the
4767 application is GRANTED. Plaintiffs may submit their Reply not to
exceed a total of 23 pages. (Kastilahn, A) Modified on 8/28/2013 (Yin,
K).
August 29, 2013
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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)
September 5, 2013
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ORDER signed by Judge Lawrence K. Karlton on 9/5/2013 DENYING 4742
Motion to Stay pending appeal. (Donati, J)
September 5, 2013
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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)
September 10, 2013
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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 of records, review thereof, and
completion of any additional deposition(s) that may be required can be
completed consistent with the schedule the parties are otherwise
working on in accordance with the September 5, 2013 order. Plaintiffs
motion to compel production of these records by September 13, 2013 is
DENIED without prejudice. Plaintiffs motion for production of files
for non-class members without waivers is DENIED. (Waggoner, D)
September 13, 2013
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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 review the custody records that
were the subject of plaintiffs' 9/6/2013 motion to compel for purposes
of rebuttal testimony only; and The evidentiary hearing on plaintiffs'
motion concerning access to inpatient care for death row inmates and
use of force will commence as scheduled on 9/26/2013 at 9:15 AM.
(Reader, L)
September 16, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 09/13/13 ordering
the clerk of the court is directed to pay to Matthew A. Lopes, Jr.,
Esq., Special Master, Pannone, Lopes & Devereaux LLC, 317 Iron Horse
Way, Suite 301, Providence, RI 02908 the amount of $317,289.34 in
accordance with the attached statement. A copy of this order shall be
served on the financial department of this court. (cc: DAD and
Financial) (Plummer, M)
September 17, 2013
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ORDER signed by Judge Lawrence K. Karlton on 9/17/2013 ORDERING
defendants shall file a response to 4809 MOTION for RECONSIDERATION on
or before 5:00 p.m. on 9/19/2013; Plaintiff's motion is REFERRED to
the magistrate judge for resolution by order. (Waggoner, D)
September 18, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 9/17/13 ORDERING
that the Clerk of the Court shall place and maintain Exhibits A, B, C,
and D to the Declaration of Jessica Kim filed September 6, 2013 (ECF
Nos. 4789-1, 4789-2, 4789-3, and 4789-4) under seal until further
order of court.(Dillon, M)
September 23, 2013
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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 six individuals who defendants
have refused to produce records without waivers is granted; The
records for the two such individuals who were the subject of use of
force incidents shall be produced to plaintiffs not later than 5:00
p.m. on Wednesday, September 25, 2013; and the remaining records shall
be produced to plaintiffs not later than Friday, October 4,
2013.(Dillon, M)
September 24, 2013
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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 report to this Court the
status of the discussions and provide his recommendations for future
action by this Court or parties. The 12/31/2013 deadline shall be
extended until 1/27/2014, without prejudice to the parties' filing a
joint request for a further extension or the court so ordering.
(Donati, J)
September 26, 2013
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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 the evidentiary hearing set to
commence on 10/1/2013 and to continue thereafter until completed shall
be shown in open court, subject to protective order. Counsel for
plaintiffs shall take all steps necessary to ensure that a copy of
this order is distributed to every person in the audience during any
court session at which a video subject to this order will be shown.
(Zignago, K.)
September 27, 2013
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THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt,
Senior Judge Lawrence K. Karlton and Senior Judge Thelton E. Henderson
on 9/27/2013 SUSPENDING Defendants' biweekly reporting requirement.
(Donati, J)
September 30, 2013
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ORDER signed by Judge Lawrence K. Karlton on 9/30/2013 DENYING 4793 &
4841 Motions in Limine. (Donati, J)
October 2, 2013
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ORDER signed by Judge Lawrence K. Karlton on 10/1/13 ORDERING
Plaintiffs have filed two requests to seal documents pursuant to Local
Rule 141. See ECF Nos. 4838 and 4847. Good cause appearing,
plaintiffs' requests will be granted.In accordance with the above, IT
IS HEREBY ORDERED that: the Clerk is directed to maintain Appendices A
and B to the Supplemental Declaration of Edward Kaufman, M.D. in
Support of Plaintiffs' Motion for Enforcement of Court Order and
Affirmative Relief Related to Use of Force and Disciplinary Measures
(ECF No. 4825) under seal until further order of court; and the Clerk
is directed to maintain the Confidential Declaration of Thomas Nolan
and the exhibits attached thereto which were tendered to the court on
September 27, 2013 under seal until further order of court. (Becknal,
R)
October 2, 2013
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t 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)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 se
October 7, 2013
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ORDER signed by Judge Lawrence K. Karlton on 10/7/13 ORDERING that
Paragraph 2.b of the Court's 9/26/13 Order, which provides, Any member
of the public or press who views the videos is prohibited from
publicly disclosing the names, identification numbers, or other
personally-identifying information of any inmate or any peace officer
or other employee of the California Department of Corrections and
Rehabilitation (CDCR) who may appear in any such video, is
VACATED.(Mena-Sanchez, L)
October 8, 2013
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ORDER TO CLARIFY signed by Judge Lawrence K. Karlton on 10/8/2013 re
4860 Order, The court hereby CLARIFIES this order as follows: the word
proceedings refers solely to the hearings on the use of force and
disciplinary measures against the plaintiff class which commenced in
this court on October 1, 2013 and are expected to conclude in
mid-October 2013. (Waggoner, D)
October 21, 2013
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ORDER signed by Judge Stephen Reinhardt, Senior Judge Lawrence K.
Karlton, and Senior Judge Thelton E. Henderson on 10/21/2013 EXTENDING
the meet-and-confer process to 11/18/2013; EXTENDING, without
prejudice to the parties' filing a joint request for a further
extension or the Court so ordering, the deadline to achieve the
ordered reduction in population to 2/24/2014. (Michel, G)
October 23, 2013
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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 paragraph 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; Defendants 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 paragraph 2(a) of this court's 9/26/13 order
4833 shall preclude the Clerk from permitting review and/or copying of
redacted videos in a manner consistent with Clerk's office policy for
access to and copying of matters in the public record. (Becknal, R)
October 25, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/24/13 ORDERING
that Plaintiffs fees and costs of $740,000, plus interest, are due and
collectable forty-five days from the date of entry of this Order.
Interest on this amount will run from September 1, 2013, accruing at
the rate provided by 28 U.S.C. § 1961.(Dillon, M)
October 28, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/25/13 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq. Special Master, the amount of $407,324.13 in accordance with
the attached statement; and a copy of this order shall be served on
the financial department of this court.(Dillon, M)
October 29, 2013
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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)
November 1, 2013
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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)
November 13, 2013
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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 PART. 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 necessary 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 reevaluation 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 status, 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 preventing defendants from placing or maintaining any
inmate-patient at SVPP on Cuff Status without the required
documentation. Defendants shall forthwith begin tracking all patient
bed assignments at SVPP, and admit referred and accepted patients to
SVPP as quickly as bed availability permits and in no event beyond 72
hours following bed assignment and 30 days from the date of the
referral. Plaintiff's 4867 Motion for additional orders is DENIED
WITHOUT PREJUDICE. (Meuleman, A)
November 15, 2013
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ORDER signed by Judge Lawrence K. Karlton on 11/14/13. The court has
ordered a reply to the Plaintiffs' MOTION concerning nonretained
witnesses. Except as to that MOTION, the court now DECLINES all other
MOTIONS IN LIMINE, essentially for the reasons set forth in the
relevant opposition to those Motions. One additional comment may be
appropriate as to the motion concerning attorney witnesses. That rule
is embodied in California's Rule of Professional Conduct 5-210, which
has been adopted as this Court's standard of practice for attorneys
practicing in this Court. See Local Rule 180(e). That rule
specifically limits its applicability to jury trials.(Mena-Sanchez, L)
November 22, 2013
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shall be served on the financial department of this court. (cc:
Financial)(Plummer, M)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
December 10, 2013
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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)
December 11, 2013
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THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt,
Senior Judge Lawrence K. Karlton amd Senior Judge Thelton E. Henderson
ORDERING that the court EXTENDS the meet-and-confer process to
1/10/2014. The deadline to achieve the ordered reduction in population
is EXTENDED accordingly, to 4/18/2014. (Zignago, K.)
December 16, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 12/13/2013 ORDERING
the Clerk to pay to Matthew A. Lopes, Jr., Esq., Special Master, the
amount of $359,872.22; and a copy of this order shall be served on the
financial department of this court. (cc: Financial)(Yin, K)
December 17, 2013
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ORDER signed by Judge Lawrence K. Karlton on 12/16/13 ORDERING that:
Within forty-five days from the date of this order, defendants shall
deposit with the Clerk of the Court an eighty-eighth interim payment
of costs in the amount of $750,000.00 which amount shall be invested
in the interest-bearing account previously opened for this action; and
The Clerk of the Court is directed to serve a copy of this order on
the Financial Department of this Court. (cc Financial Dept) (Becknal,
R)
December 19, 2013
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ORDER signed by Judge Lawrence K. Karlton on 12/19/2013 ORDERING that
the Special Master's 4954 request for appointment of additional staff
is GRANTED. The Special Master is authorized to appoint Karl E.
Weaver, M.D., Kenneth L. Appelbaum, M.D., Joseph V. Penn, M.D.,
Cynthia A. Radavsky, M.Ed., Roderick Q. Hickman, and Timothy A.
Rougeux to perform the duties set forth in the Request, and to be
compensated at the rates set forth therein. The compensation for Henry
Dlugacz, Esq. for time spent working on this action, other than travel
time, is increased to two hundred fifty dollars ($250.00) per hour,
said increase to be effective the date this order is filed. (Zignago,
K.)
December 19, 2013
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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)
January 10, 2014
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/13 (31 days after defendants' receipt of plaintiff's statement),
accruing at the rate provided by 28 USC 1961.(Plummer, M) Modified on
1/13/2014 (Dillon, M).STIPULATION 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
January 13, 2014
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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 for this court to consider
as it determines how to rule on the pending request. Either plaintiffs
or defendants may, at their option, file comments on or objections to
the proposed order by 1/28/2014. The current deadline of 4/18/2014
shall be EXTENDED by the time between the date of this order and the
date of the order ruling on the defendants' request for extension.
(Donati, J)
January 22, 2014
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ORDER signed by Judge Lawrence K. Karlton on 1/21/2014 ORDERING that
Plaintiffs' 4983 Request to File Under Seal "Confidential Declaration
of Michael Bien in Support of Plaintiffs' Urgent Petition for a Status
Conference to Address Modified and Delayed Suicide Report" is GRANTED.
(Zignago, K.)
January 22, 2014
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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 shall take all necessary steps to
assure that all documents and information concerning this class
member, his death, the suicide report and any other communications
about the suicide report, the death, and any discussions about the
death, the report, timing of the release of reports, or related
events, be retained and preserved, including notes, drafts, emails and
attachments, medical records, and custodial records.(Becknal, R)
January 23, 2014
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ORDER signed by Judge Lawrence K. Karlton on 1/23/2014 ORDERING that
within twenty days, plaintiffs shall file a brief addressing how, in
their view, the new D.O.M provisions bear on issues raised in their
5/29/2013 motion. Defendants may file a responsive brief within ten
days thereafter. Within thirty days defendants shall file evidence of
their plan for implementing the new D.O.M. provisions. Defendants
shall also inform the court in writing of how they plan to ensure and
enforce compliance with the new D.O.M. provisions and shall file, as
appropriate, affidavits or other evidence that bears on these matters.
Within twenty days after the filing referred to in paragraph 2 of this
order, plaintiffs shall file a brief addressing how, in their view,
the documents filed by defendants in response to that order bear on
issues raised in the 5/29/2013 motion. Defendants may file a
responsive brief within ten days thereafter. (Zignago, K.)
January 23, 2014
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ORDER signed by Judge Lawrence K. Karlton on 1/23/2014 ORDERING that
the submission of plaintiffs' 5/29/2013 motion (ECF No. 4638) is
hereby VACATED pending resolution of whether, and if so how if at all,
issues presented by the death of this class member bear on the use of
force questions presented by plaintiffs' 5/29/2013 motion. (Zignago,
K.)
January 29, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/28/2014 DIRECTING
the Clerk to pay to Matthew A. Lopes, Jr. Esq., Special Master, the
amount of $339,063.81 in accordance with the attached statement; and a
copy of this order shall be served on the financial department of this
court. (cc: Financial Dpt.) (Yin, K)
January 30, 2014
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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. (Reader,
L)ORDER signed by Judge Lawrence K. Karlton on 1/30/2014 ORDERING
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 file with
January 31, 2014
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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)
February 4, 2014
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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)
February 5, 2014
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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 propounded by defendants. Plaintiffs shall respond
to defendants discovery requests not later than 5:00 p.m. on February
12, 2014. Should any disputes arise over plaintiffs discovery
responses, the parties shall meet and confer not later than February
14, 2014. Any disputes remaining thereafter shall be tendered to this
court by joint statement filed not later than 4:30 p.m. on February
20, 2014.(Waggoner, D)
February 7, 2014
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ORDER signed by Judge Lawrence K. Karlton on 2/6/14 ORDERING that
defendants are granted 15 days in which to file and serve a reply
brief. (Manzer, C)
February 10, 2014
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ORDER denying 5055 Motion for Reconsideration and to stay discovery
signed by Judge Lawrence K. Karlton on 2/7/14. (Kaminski, H)
February 10, 2014
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
Circuit Judge Stephen Reinhardt and Senior Judge Thelton E. Henderson
on 2/10/2014 GRANTING-IN-PART and DENYING-IN-PART Defendants' Request
for Extension of 12/31/2013 Deadline. (Donati, J)
February 10, 2014
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THREE-JUDGE COURT OPINION signed by Senior Judge Lawrence K. Karlton,
Circuit Judge Stephen Reinhardt and Senior Judge Thelton E. Henderson
on 2/10/2014 re 5060 ORDER GRANTING-IN-PART and DENYING-IN-PART
Defendants' Request for Extension of 12/31/2013 Deadline. (Donati, J)
February 20, 2014
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ORDER signed by Judge Lawrence K. Karlton on 2/19/2014 DENYING 5062
Request to Strike the plaintiffs' reply brief; GRANTING the defendants
fifteen days to file and serve a response to the plaintiffs' closing
brief on plaintiffs' motion concerning housing and treatment of
mentally ill inmates. (Michel, G)
February 24, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 02/21/14 ordering
the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr.,
Esq., Special Master, Pannone, Lopes & Devereaux LLC, 317 Iron Horse
Way, Suite 301, Providence, RI, 02908 the smount of $434,945.20 in
accordance with the attached statement. A copy of this order shall be
served on the financial department of this court. (cc: Financial)
(Plummer, M)
February 25, 2014
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ORDER signed by Judge Lawrence K. Karlton on 2/24/14: Within
forty-five days from the date of this order, defendants shall deposit
with the Clerk of the Court an eightyninth interim payment of costs in
the amount of $750,000.00. The Clerk of the Court is directed to serve
a copy of this order on the Financial Department of this Court. (cc:
Financial)(Kaminski, H)
February 26, 2014
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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)
March 3, 2014
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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)
March 4, 2014
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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 conference to address issues related to bed planning,
including but not limited to updates, if any, to the projects
addressed in defendants' motion and the steps necessary to development
and implementation of an adequate process for forecasting and planning
for sufficient bed and treatment space for the mentally ill inmate
population going forward. (Kaminski, H)
March 6, 2014
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ORDER signed by Judge Lawrence K. Karlton on 3/5/14 GRANTING 5093
Request for Judicial Notice filed by Ralph Coleman. Proceedings on
4580 motion concerning housing and treatment of class members in
segregation units are REOPENED and Exhibits A and B to plaintiffs'
3/3/14 request for judicial notice are admitted into evidence in the
proceedings on said motion; Defendants are GRANTED 15 days from the
date of this order to respond to the newly admitted evidence. In said
response, defendants shall inform the court in writing what, if any,
steps they plan to take in response to the recommendations contained
in the Office of Inspector General's Report. (Meuleman, A) Modified on
3/6/2014 (Meuleman, A).
March 10, 2014
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ORDER signed by Judge Lawrence K. Karlton on 3/10/2014 GRANTING
Request for file Confidential Declaration of Krista Stone-Manista
under SEAL. (Donati, J)
March 10, 2014
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ORDER signed by Judge Lawrence K. Karlton on 3/10/2014 GRANTING
Plaintiffs' Request to file Confidential Joint Statement of Undisputed
Facts re: Inmate D under SEAL. (Donati, J)
March 10, 2014
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ORDER signed by Judge Lawrence K. Karlton on 3/10/2014 GRANTING
Defendants' Request to file Confidential Declaration of Christine M.
Ciccotti under SEAL. (Donati, J)
March 12, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 3/11/14 ORDERING
that The Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq. Special Master, the amount of $417,397.27 in accordance with
the attached statement; and a copy of this order shall be served on
the financial department of this court. (cc Financial)(Dillon, M)
March 18, 2014
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ORDER signed by Judge Lawrence K. Karlton on 3/18/14 ORDERING that
4984 Motion regarding their long-range mental health bed plan is
granted in part (see order for details). (Dillon, M)
March 24, 2014
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ORDER signed by Judge Lawrence K. Karlton on 3/21/14 GRANTING 5111
Notice of Request to Seal filed by Edmund G. Brown, Jr. (Meuleman, A)
March 28, 2014
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ORDER signed by Judge Lawrence K. Karlton on 3/27/2014 DENYING the
5118 Application for Leave to file a late reply brief; STRIKING FROM
THE RECORD the 5119 Proposed Reply Brief and accompanying Declaration.
(Michel, G)
March 28, 2014
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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 collectable 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)
April 9, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/9/2014 DIRECTING
the Clerk to pay to Matthew A. Lopes, Jr., Esq., Special Master, the
amount of $75,689.00 to complete payment for services rendered in
February 2014; and a copy of this order shall be served on the
financial department of this court. (cc: Financial)(Yin, K)
April 9, 2014
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THREE-JUDGE COURT ORDER signed by Senior Judge Lawrence K. Karlton,
Circuit Judge Stephen Reinhardt, and Senior Judge Thelton E. Henderson
on 4/9/2014 APPOINTING the Honorable Elwood Lui (Ret.) to serve as the
Compliance Officer in this case. Justice Lui has agreed to serve
without hourly compensation. Defendants shall directly and in a timely
manner reimburse Justice Lui for all reasonable expenses.
(Attachments: # (1) Justice Lui's curriculum vitae)(Donati, J)
April 10, 2014
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ORDER signed by Judge Lawrence K. Karlton on 4/9/2014 ORDERING that
within 45 days from the date of this order, defendants shall deposit
with the Clerk of Court $750,000. (cc Financial) (Donati, J)
April 10, 2014
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ORDER signed by Judge Lawrence K. Karlton on 4/10/2014
GRANTING-IN-PART 4638 Motion for enforcement of court orders and
affirmative relief related to use of force and disciplinary measures
and GRANTING-IN-PART 4580 Motion for Enforcement of judgment and
affirmative orders related to segregated housing. (Donati, J)
April 10, 2014
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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)
April 11, 2014
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ORDER signed by Judge Lawrence K. Karlton on 4/11/2014 CORRECTING four
typographical errors in 5131 Order. (Donati, J)
April 18, 2014
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THREE-JUDGE COURT ORDER signed by Chief Circuit Judge Alex Kozinski on
4/11/2014 ORDERING that District Judge Kimberly J. Mueller is hereby
DESIGNATED and ASSIGNED to the three-judge court as of 9/1/2014. The
three-judge court would then consist of Circuit Judge Stephen
Reinhardt, Northern District of California Judge Thelton Henderson and
Eastern District of California Judge Kimberly J. Mueller. (Donati, J)
April 21, 2014
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ORDER signed by Judge Lawrence K. Karlton on 4/18/14: Defendants'
March 24, 2014 request to modify their longrange bed plan to extend
the time for admissions to and full occupancy of the DeWitt Nelson
facility is granted. Plaintiffs' request for a court-ordered deadline
for a meet and confer between the parties is denied. (Kaminski, H)
April 29, 2014
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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 results of 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)
May 7, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/6/14 ORDERING that
the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr.,
Esq. Special Master the amount of $405,399.91 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)
May 7, 2014
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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)
May 12, 2014
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ORDER signed by Judge Lawrence K. Karlton on 5/12/2014 MODIFYING the
5146 Order in paragraph 1 to reflect that it was the ninety-first
intermin payment of costs. (Donati, J)
May 13, 2014
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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)
June 3, 2014
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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)
June 6, 2014
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 6/5/14.
The parties, in agreement with the Special Master, therefore stipulate
that the time for the parties to file responses to the May 30 report
of the Special Master is extended to June 30, 2014. Pursuant to the
foregoing stipulation, IT IS SO ORDERED.(Dillon, M)
June 6, 2014
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on
6/5/14. The parties hereby stipulate and agree that $729,705.00 plus
interest is due and collectable as of forty-five days from the date of
entry of this Order. Interest on these fees and costs will run from
June 2, 2014 (31 days after Defendants receipt of Plaintiffs
statement), accruing at the rate provided by 28 U.S.C. § 1961.
(Dillon, M)
June 13, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 6/12/2014 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopez,
Jr. Esq., Special Master, the amount of $348,773.15. A copy of this
order shall be served on the financial department of this court. (cc:
Financial) (Zignago, K.)
June 19, 2014
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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 with 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. Defendants shall report to Court on the results of this
review on or before 9/12/2014. Defendants have satisfied requirements
of paragraph 4 of Court's 3/18/2014 5116 Order. Defendants shall
continue to work with their consultant and Special Master to forecast
and plan for adequate bed and treatment space for mentally ill
population consistent with their current process. (Marciel, M)
June 23, 2014
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THREE JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Circuit
Judge Stephen Reinhardt, Northern District of California Judge Thelton
E. Henderson DENYING 5141 Plaintiffs' Motion to Define Design
Capacity. (Reader, L)
June 30, 2014
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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)
July 3, 2014
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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)
July 25, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 7/24/14 ORDERING
that The Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq., Special Master, the amount of $423,943.55 in accordance
with the attached statement; and a copy of this order shall be served
on the financial department of this court. (cc Financial)(Dillon, M)
July 25, 2014
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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)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
August 7, 2014
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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)
August 11, 2014
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 8/11/2014
ORDERING the deadline for defendants to respond to the 4/10/2014 is
EXTENDED to 8/24/2014. (Donati, J)
August 11, 2014
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ORDER signed by Judge Lawrence K. Karlton on 8/11/2014 APPROVING the
plans and policies filed by defendant on 8/1/2014. Defendants shall
forthwith, under the guidance of the Special Master, implement the
plans and policies approved by this order. Implementation of the plans
and policies shall be monitored by the Special Master in accordance
with his monitoring and reporting duties in this action. (Donati, J)
August 21, 2014
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NON-RELATED CASE ORDER signed by Chief Judge Morrison C. England, Jr
on 8/20/14 re 5185 Notice of Related Case: The Court has determined,
that it is inappropriate to relate or reassign the cases, the
therefore declines to do so. This order is issued for informational
purposes only, and shall have no effect on the status of the cases,
including any previous Related (or Non-Related) Case Order of this
Court. (Meuleman, A)
August 22, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 8/22/14 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq. Special Master the amount of $411,579.81 in accordance with
the attached statement; and a copy of this order shall be served on
the financial department of this court. (cc Financial)(Dillon, M)
August 26, 2014
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STIPULATION and ORDER extending the deadline for Defendants to develop
plans and protocols, as contemplated by paragraphs 2.b and 2.e of the
April 10 order to August 29, 2014 signed by Judge Lawrence K. Karlton
on 8/25/14. (Kaminski, H)
August 27, 2014
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ORDER signed by Judge Lawrence K. Karlton on 8/25/2014 ORDERING that
within 30 days from the date of this order, defendants shall deposit
with the Clerk of the Court a ninety-third interim payment of costs in
the amount of $750,000.00 which amount shall be invested in the
interest-bearing account previously opened for this action; and the
Clerk of the Court is directed to serve a copy of this order on the
Financial Department of this Court. (Reader, L)
August 29, 2014
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ORDER signed by Judge Lawrence K. Karlton on 8/28/14 ORDERING the
Special Master's August 27, 2014 request (ECF No. 5209) is granted;
the deadline for the Special Master to report to the court on whether
defendants have adequately implemented the RVR policies and procedures
agreed to in 2011 is extended to January 31, 2015; and the deadline
for defendants to report to the court on their review and, as
appropriate, revision of their existing mental health staffing plan is
extended to January 31, 2015. (Becknal, R)
August 29, 2014
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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 certification 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)
September 24, 2014
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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)
October 1, 2014
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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)
October 10, 2014
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on
10/9/14. The parties hereby stipulate and agree that $441,000.00 plus
interest is due and collectable as of 45 days from the date of entry
of this Order. Interest on these fees and costs will run from
September 5, 2014 (31 days after Defendants receipt of Plaintiffs
statement), accruing at the rate provided by 28 U.S.C. § 1961.(Dillon,
M)
October 20, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/20/2014 ORDERING
the Clerk to pay Special Master Matthew A. Lopes, Jr. $450,000.00 in
accordance with the attached statement. (CC Sacramento
Financial)(Donati, J)
October 27, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/24/14 ordering
the clerk of the court is directed to pay to Matthew A. Lopes Jr.
Esq., Special Master, Pannone, Lopes and Devereaux LLC, the amount of
$50,484.71 to complete payment for services rendered in September
2014. A copy of this order shall be served on the financial department
of the court. (cc: Financial)(Plummer, M)
October 27, 2014
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AMENDED ORDER signed by Magistrate Judge Dale A. Drozd on 10/27/14
ordering the Clerk of the Court is directed to pay to Matthew A.
Lopes, Jr. Esq., Special Master the amount of $50,484.71 to complete
payment for services rendered in September 2014. A copy of this order
shall be served on the Financial Department of the Court. (cc:
Financial)(Plummer, M)
October 29, 2014
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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)
November 14, 2014
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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)
November 17, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/14/14 ordering
the clerk of the court is directed to pay to Matthew A. Lopes, Jr.
Esq., Special Master the amount of $525,832.06 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)
November 17, 2014
PDF | More
all 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).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 sh
December 4, 2014
PDF | More
this order shall be served on the financial department of this court.
(cc Financial)(Dillon, M)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
December 19, 2014
PDF | More
STIPULATION AND ORDER signed by Magistrate Judge Dale A. Drozd on
12/18/2014 ORDERING 5252 that $574,865.32 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 12/6/2014 (31 days
after Defendants' receipt of Plaintiffs' statement), accruing at the
rate provided by 28:1961. (Reader, L)
December 19, 2014
PDF | More
THREE-JUDGE COURT STIPULATION and ORDER signed by Circuit Judge
Stephen Reinhardt, Senior Judge Thelton E. Henderson and District
Judge Kimberly J. Mueller on 12/19/2014 in Response to the 5237 Order
granting-in-part the 5220 Motion for Further Enforcement Order.
(Donati, J)
December 19, 2014
PDF | More
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)
January 22, 2015
PDF | More
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)
February 2, 2015
PDF | More
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)
February 3, 2015
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 2/3/15. Defendants shall
adopt the recommendations contained in the Special Masters Report on
his Experts Audit, ECF No. 5258, and shall work with the Special
Master in the Suicide Prevention Management Workgroup and otherwise as
may be necessary on the development of strategies and the
implementation of the changes and practices contained in those
recommendations; and the Special Master shall provide an update to the
court on defendants progress in implementing suicide prevention
policies and practices either in his Twenty-Sixth Round Monitoring
Report or in a companion report to be filed therewith. (Manzer, C)
February 6, 2015
PDF | More
STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 2/5/15
ORDERING that the Request for Extension of time to file Responses and
objections to the Special Master's Report on CDCR'S Implementation of
Policies and Procedures on Rules Violation Reports is GRANTED; The
time for the parties to file responses to the January 30 Report is
EXTENDED for thirty (30) days until 3/3/2015.(Mena-Sanchez, L)
February 10, 2015
PDF | More
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 programs that provide mental
health inpatient treatment to class members and shall provide an
updated report on the San Quentin Psychiatric Inpatient Program as
part of his findings at all other inpatient mental health programs.
The updated report shall either be included in the Special Master's
Twenty-Sixth Round Monitoring Report or in a companion report to be
filed therewith. (Meuleman, A)
February 20, 2015
PDF | More
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)
March 2, 2015
PDF | More
ORDER for FINAL APPROVAL OF SETTLEMENT AGREEMENT signed by Judge
Kimberly J. Mueller on 3/2/15 (see order for details). (Dillon, M)
(Additional attachment(s) added on 3/2/2015: # (1) Exhibit A, # (2)
Exhibit B) (Donati, J).
March 3, 2015
PDF | More
STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 3/2/15:
The time for the parties to file responses to the January 30, 2015
report should be extended for thirty (30) days until April 3, 2015.
(Kaminski, H)
March 3, 2015
PDF | More
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)
March 20, 2015
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 3/20/15 ORDERING that
Within thirty days from the date of this order, defendants shall
deposit with the Clerk of the Court a ninety-seventh interim payment
of costs in the amount of $750,000.00 which amount shall be invested
in the interest-bearing account previously opened for this action; and
The Clerk Court is directed to serve a copy of this order on the
Financial Department of this Court.(Mena-Sanchez, L)
March 24, 2015
PDF | More
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on
3/23/15 ORDERING that $423,649.45 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 2, 2015 (31 days after Defendants'
receipt of Plaintiffs' statement), accruing at the rate provided by 28
U.S.C. § 1961.(Dillon, M)
March 24, 2015
PDF | More
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)
April 7, 2015
PDF | More
STIPULATION and ORDER Discharging Orders Requiring Monthly Reports
signed by Judge Kimberly J. Mueller on 4/6/15. (Dillon, M)
April 16, 2015
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 04/16/15 ordering within
30 days from the date of this order, defendants shall deposit with the
clerk of the court a ninety-eighth interim payment of costs in the
amount of $750,000.00 which amount shall be invested in the
interest-bearing account previously opened for this action. The clerk
of the court shall serve a copy of this order on the Financial
Department of this court. (cc: Financial) (Plummer, M)
April 20, 2015
PDF | More
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)
May 4, 2015
PDF | More
STIPULATION and ORDER 5298 on Special Master's Report for CDCR's
Implementation of Policies and Procedure on Rules Violation Reports
signed by Judge Kimberly J. Mueller on 5/1/2015. (Attachments: # (1)
Attached Text of Proposed Regulations - DRAFT) (Marciel, M)
May 18, 2015
PDF | More
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 Master 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.)
May 19, 2015
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 5/19/2015 ORDERING
defendants to deposit with the Clerk a ninety-ninth interim payment of
costs in the amount of $750,000.00, within 30 days; and the Clerk
shall serve a copy of this order on the Financial Department. (cc:
Financial)(Yin, K)
May 22, 2015
PDF | More
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)
June 10, 2015
PDF | More
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)
June 12, 2015
PDF | More
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on
6/11/15. The parties stipulate and agree that $1,165,426.23 plus
interest is due and collectable as of 60 days from the date of entry
of this Order. Interest on these fees and costs will run from December
6, 2014 (31 days after Defendants receipt of Plaintiffs statement),
accruing at the rate provided by 28 U.S.C. § 1961. (Dillon, M)
June 17, 2015
PDF | More
ORDER signed by Magistrate Judge Dale A. Drozd on 6/16/15 ORDERING
that the Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq. Special Master, the amount of $505,503.97 for services
rendered in May 2015 in accordance with the attached statement; and A
copy of this order shall be served on the financial department of this
court. (cc Financial)(Dillon, M)
June 30, 2015
PDF | More
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)
July 20, 2015
PDF | More
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)
August 5, 2015
PDF | More
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)
August 21, 2015
PDF | More
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 provision 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 sufficient 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 thirty 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 Table 2
provided by defendants in their 8/17/2015 report to the court. The
Special Master shall work with the parties to finalize the template,
while achieving the essential reporting purposes reflected in the
court's draft template. The Special Master shall file the finalized
template with the court on or before 9/15/2015. Thereafter, defendants
shall each month complete and file on the public docket an updated
report providing all the information provided by the template, filing
this report at the same time defendants file under seal their monthly
reports concerning individual referrals, pending referrals, rejections
and transfer of class members from outpatient to inpatient mental
health care. (Zignago, K.)
August 28, 2015
PDF | More
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)
September 4, 2015
PDF | More
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.)
September 8, 2015
PDF | More
STIPULATION and ORDER confirming attorney's fees and costs for the
second quarter of 2015 signed by Magistrate Judge Dale A. Drozd on
9/4/15. (Kaminski, H)
September 16, 2015
PDF | More
ORDER signed by Magistrate Judge Dale A. Drozd on 9/15/15 ORDERING
that The Clerk of the Court is directed to pay to Matthew A. Lopes,
Jr., Esq.Special Master, the amount of $305,847.00 for services
rendered in August 2015 in accordance with the attached statement; and
a copy of this order shall be served on the financial department of
this court. (cc Financial)(Dillon, M)
September 22, 2015
PDF | More
STIPULATED REQUEST AND ORDER FOR FIRST EXTENSION OF TIME to file
Report on use of Atascadero State Hospital signed by Judge Kimberly J.
Mueller on 9/21/15. (Mena-Sanchez, L)
September 24, 2015
PDF | More
ORDER signed by Judge Kimberly J. Mueller on 9/23/15: IT IS HEREBY
ORDERED that the 5325 Special Master's Expert's Report on Suicides
Completed in the California Department of Corrections and
Rehabilitation July 1, 2012 - December 31, 2012 is ADOPTED IN FULL.
(Meuleman, A)
September 30, 2015
PDF | More
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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*Clinical psychology* is an integration
<https://en.wiktionary.org/wiki/Integration> of the science
<https://en.m.wikipedia.org/wiki/Science>, theory and clinical knowledge
for the purpose of understanding, preventing, and relieving
psychologically-based distress ordysfunction
<https://en.m.wikipedia.org/wiki/Mental_illness> and to promote subjective
and behavioural well-being <https://en.m.wikipedia.org/wiki/Mental_health> and
personal development.[1]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-apa1-1>[2]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-plante-2>
Central
to its practice are psychological assessment
<https://en.m.wikipedia.org/wiki/Psychological_assessment>and psychotherapy
<https://en.m.wikipedia.org/wiki/Psychotherapy>, although clinical
psychologists also engage in research, teaching, consultation, forensic
testimony, and program development and administration.[3]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-brain-3> In
many countries, clinical psychology is regulated as ahealth care profession
<https://en.m.wikipedia.org/wiki/Health_care_profession>.

The field is often considered to have begun in 1896 with the opening of the
first psychological clinic <https://en.m.wikipedia.org/wiki/Clinic> at
theUniversity
of Pennsylvania <https://en.m.wikipedia.org/wiki/University_of_Pennsylvania>
by Lightner Witmer <https://en.m.wikipedia.org/wiki/Lightner_Witmer>. In
the first half of the 20th century, clinical psychology was focused on
psychological assessment, with little attention given to treatment. This
changed after the 1940s when World War II resulted in the need for a large
increase in the number of trained clinicians. Since that time, two main
educational models have developed—the Ph.D. scientist–practitioner model
<https://en.m.wikipedia.org/wiki/Scientist%E2%80%93practitioner_model>(requiring
a doctoral dissertation and extensive research experience in addition to
clinical expertise) and, in the U.S. the Psy.D. practitioner–scholar model
<https://en.m.wikipedia.org/wiki/Doctor_of_Psychology> (requiring
completion of either a dissertation or other doctoral project, with
extensive focus on clinical expertise in addition to research). While
training programs using either model, if accredited by the American
Psychological Association
<https://en.m.wikipedia.org/wiki/American_Psychological_Association>, are
required to teach the full spectrum of psychological science, including
both research and clinical practice, the primary objective of Ph.D.
programs has historically been training students in conducting research as
well as clinical practice; while the primary objective of Psy.D. programs
has been preparing students to apply their knowledge in clinical practice.
[4] <https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-4>

Clinical psychologists provide psychotherapy, psychological testing, and
diagnosis of mental illness. They generally train within four primary
theoretical orientations:psychodynamic
<https://en.m.wikipedia.org/wiki/Psychodynamic_psychotherapy>, humanistic
<https://en.m.wikipedia.org/wiki/Humanistic_psychology>,
cognitive-behavioral
<https://en.m.wikipedia.org/wiki/Cognitive_behavioral_therapy> (CBT),
and systems
or family therapy
<https://en.m.wikipedia.org/wiki/Systems_or_family_therapy>. Many continue
clinical training in post-doctoral programs in which they might specialize
in disciplines such as psychoanalytic approaches or child and adolescent
treatment modalities.

History

Main articles: History of psychology
<https://en.m.wikipedia.org/wiki/History_of_psychology> and History of
psychotherapy <https://en.m.wikipedia.org/wiki/History_of_psychotherapy>

Further information: Eastern philosophy and clinical psychology
<https://en.m.wikipedia.org/wiki/Eastern_philosophy_and_clinical_psychology>
and Islamic psychology <https://en.m.wikipedia.org/wiki/Islamic_psychology>

Many 18th-century treatments for psychological distress were based on
pseudo-scientific ideas, such asphrenology
<https://en.m.wikipedia.org/wiki/Phrenology>.

Although research in psychology is often dated to the opening of the first
psychological laboratory by Wilhelm Wundt
<https://en.m.wikipedia.org/wiki/Wilhelm_Wundt> in 1879, attempts to create
methods for assessing and treating mental distress existed long before. The
earliest recorded approaches were a combination of religious, magical,
and/or medical perspectives.[5]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-benjamin-5>
Early
examples of such physicians includedPatañjali
<https://en.m.wikipedia.org/wiki/Pata%C3%B1jali>, Padmasambhava
<https://en.m.wikipedia.org/wiki/Padmasambhava>,[6]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-6> Rhazes
<https://en.m.wikipedia.org/wiki/Muhammad_ibn_Zakar%C4%ABya_R%C4%81zi>,
Avicenna <https://en.m.wikipedia.org/wiki/Avicenna>,[7]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-7> and Rumi
<https://en.m.wikipedia.org/wiki/Jalal_ad-Din_Muhammad_Balkhi-Rumi>.[8]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-8>

In the early 19th century, one could have his or her head examined using
phrenology, the study of personality by the shape of the skull. Other
popular treatments included physiognomy
<https://en.m.wikipedia.org/wiki/Physiognomy>—the study of the shape of the
face—andmesmerism <https://en.m.wikipedia.org/wiki/Mesmerism>, Mesmer's
<https://en.m.wikipedia.org/wiki/Franz_Anton_Mesmer> treatment by the use
of magnets <https://en.m.wikipedia.org/wiki/Magnet>. Spiritualism
<https://en.m.wikipedia.org/wiki/Spiritualism> andPhineas Quimby
<https://en.m.wikipedia.org/wiki/Phineas_Quimby>'s "mental healing" were
also popular.[9]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-benjamin2-9>

While the scientific community eventually rejected these methods, academic
psychologists also were not concerned with serious forms of mental illness.
That area was already being addressed by the then-developing fields of
psychiatry <https://en.m.wikipedia.org/wiki/Psychiatry> and neurology
<https://en.m.wikipedia.org/wiki/Neurology> within theasylum
<https://en.m.wikipedia.org/wiki/Psychiatric_hospital> movement.[5]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-benjamin-5> It
was not until the end of the 19th century, around the time when Sigmund
Freud <https://en.m.wikipedia.org/wiki/Sigmund_Freud> was first developing
the recent idea of a "talking cure
<https://en.m.wikipedia.org/wiki/Psychoanalysis>" in Vienna
<https://en.m.wikipedia.org/wiki/Vienna>, that the first clinical
applications of psychology began.[*citation needed*
<https://en.m.wikipedia.org/wiki/Wikipedia:Citation_needed>]

*Early clinical psychology*

Lightner Witmer <https://en.m.wikipedia.org/wiki/Lightner_Witmer>, the
father of modern clinical psychology

By the second half of the 1800s, the scientific study of psychology was
becoming well established in university laboratories. Although there were a
few scattered voices calling for an applied psychology
<https://en.m.wikipedia.org/wiki/Applied_psychology>, the general field
looked down upon this idea and insisted on "pure" science as the only
respectable practice.[5]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-benjamin-5> This
changed when Lightner Witmer
<https://en.m.wikipedia.org/wiki/Lightner_Witmer> (1867–1956), a past
student ofWundt <https://en.m.wikipedia.org/wiki/Wundt> and head of the
psychology department at the University of Pennsylvania, agreed to treat a
young boy who had trouble with spelling. His successful treatment was soon
to lead to Witmer's opening of the first psychological clinic at Penn in
1896, dedicated to helping children withlearning disabilities
<https://en.m.wikipedia.org/wiki/Learning_disabilities>.[10]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-heiden-10> Ten
years later in 1907, Witmer was to found the first journal of this new
field, *The Psychological Clinic*, where he coined the term "clinical
psychology," which he defined as "the study of individuals, by observation
or experimentation, with the intention of promoting change."[11]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-compass-11> The
field was slow to follow Witmer's example, but by 1914, there were 26
similar clinics in the US.[12]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-evans-12>

Even as clinical psychology was growing, working with issues of serious
mental distress remained the domain ofpsychiatrists
<https://en.m.wikipedia.org/wiki/Psychiatrist> and neurologists
<https://en.m.wikipedia.org/wiki/Neurologist>.[13]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-routh-13>However,
clinical psychologists continued to make inroads into this area due to
their increasing skill at psychological assessment. Psychologists'
reputation as assessment experts grew during World War I
<https://en.m.wikipedia.org/wiki/World_War_I> with the development of two
intelligence tests, *Army Alpha* and *Army Beta* (testing verbal and
nonverbal skills, respectively), which could be used to screen large groups
of military recruits.[9]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-benjamin2-9>
[10]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-heiden-10> Due
in large part to the success of these tests, assessment became the core
function of clinical psychology for the next quarter century, when another
war would propel the field into treatment.[*citation needed*
<https://en.m.wikipedia.org/wiki/Wikipedia:Citation_needed>]

*Early professional organizations*

The field began to organize under the name "clinical psychology" in 1917,
when J. E. Wallace Wallin
<https://en.m.wikipedia.org/wiki/J._E._Wallace_Wallin> led the founding of
the American Association of Clinical Psychology. This only lasted until
1919, after which the American Psychological Association
<https://en.m.wikipedia.org/wiki/American_Psychological_Association> (founded
byG. Stanley Hall <https://en.m.wikipedia.org/wiki/G._Stanley_Hall> in
1892) developed a section on Clinical Psychology, which offered
certification until 1927.[12]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-evans-12>Growth
in the field was slow for the next few years when various unconnected
psychological organizations came together as the American Association of
Applied Psychology in 1930, which would act as the primary forum for
psychologists until after World War II when the APA reorganized.[14]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-apa100-14> In
1945, the APA created what is now called The Society of Clinical Psychology
(Division 12), which remains a leading organization in the field.
Psychological societies and associations in other English-speaking
countries developed similar divisions, including in Britain, Canada,
Australia and New Zealand.[*citation needed*
<https://en.m.wikipedia.org/wiki/Wikipedia:Citation_needed>]

*World War **II** and the integration of treatment*

The US army <https://en.m.wikipedia.org/wiki/US_army> conducts a
psychological test developed by clinical psychologists for selection
purposes. The image is card IV of theRorschach inkblot test
<https://en.m.wikipedia.org/wiki/Rorschach_inkblot_test>.

When World War II <https://en.m.wikipedia.org/wiki/World_War_II> broke out,
the military once again called upon clinical psychologists. As soldiers
began to return from combat, psychologists started to notice symptoms of
psychological trauma labeled "shell shock" (eventually to be
termedposttraumatic
stress disorder
<https://en.m.wikipedia.org/wiki/Posttraumatic_stress_disorder>) that were
best treated as soon as possible.[10]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-heiden-10>Because
physicians (including psychiatrists) were over-extended in treating bodily
injuries, psychologists were called to help treat this condition.[15]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-reisman-15> At
the same time, female psychologists (who were excluded from the war effort)
formed the National Council of Women Psychologists with the purpose of
helping communities deal with the stresses of war and giving young mothers
advice on child rearing.[11]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-compass-11>
After
the war, the Veterans Administration
<https://en.m.wikipedia.org/wiki/United_States_Department_of_Veterans_Affairs>
in
the US made an enormous investment to set up programs to train
doctoral-level clinical psychologists to help treat the thousands of
veterans needing care. As a consequence, the US went from having no formal
university programs in clinical psychology in 1946 to over half of all
Ph.D.s in psychology in 1950 being awarded in clinical psychology.[11]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-compass-11>

WWII helped bring dramatic changes to clinical psychology, not just in
America but internationally as well. Graduate education in psychology began
adding psychotherapy to the science and research focus based on the 1947
scientist–practitioner model, known today as the *Boulder Model*, for Ph.D.
programs in clinical psychology.[16]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-routh2-16>Clinical
psychology in Britain <https://en.m.wikipedia.org/wiki/United_Kingdom>
developed
much like in the U.S. after WWII, specifically within the context of
theNational
Health Service <https://en.m.wikipedia.org/wiki/National_Health_Service>[17]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-whatis-17> with
qualifications, standards, and salaries managed by the British
Psychological Society
<https://en.m.wikipedia.org/wiki/British_Psychological_Society>.[18]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-18>

*Development of the Doctor of Psychology degree*

Despite some resistance from psychiatrists, psychotherapy became a part of
clinical psychologists' practice in the US.[19]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-19> However,
for many the Ph.D. educational model did not offer the necessary training
for those interested in practice rather than research. There was a growing
argument that said the field of psychology in the US had developed to a
degree warranting explicit training in clinical practice. The concept of a
practice-oriented degree was debated in 1965 and narrowly gained approval
for a pilot program at the University of Illinois
<https://en.m.wikipedia.org/wiki/University_of_Illinois> starting in 1968.
[20]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-murray-20>
Several
other similar programs were instituted soon after, and in 1973, at the Vail
Conference <https://en.m.wikipedia.org/wiki/Vail_Conference> on
Professional Training in Psychology, thePractitioner–Scholar Model
<https://en.m.wikipedia.org/wiki/Practitioner%E2%80%93Scholar_Model> of
Clinical Psychology—or *Vail Model*—resulting in the Doctor of Psychology (
Psy.D. <https://en.m.wikipedia.org/wiki/Psy.D.>) degree was recognized.[21]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-norcrosspsyd-21>
Although
training would continue to include research skills and a scientific
understanding of psychology, the intent would be to produce highly trained
professionals, similar to programs in medicine, dentistry, and law. The
longest-running PsyD programs areWidener University
<https://en.m.wikipedia.org/wiki/Widener_University>[22]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-Widener-PsyD-22>
(1970),[a]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-23> Baylor
University <https://en.m.wikipedia.org/wiki/Baylor_University>[23]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-Baylor-PsyD-24>
(1971);
and Rutgers University <https://en.m.wikipedia.org/wiki/Rutgers_University>
[24]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-Rutgers-PsyD-25>
(1973).[20]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-murray-20>
Today,
about half of all American graduate students in clinical psychology are
enrolled in Psy.D. programs.[21]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-norcrosspsyd-21>

*A changing profession*

Since the 1970s, clinical psychology has continued growing into a robust
profession and academic field of study. Although the exact number of
practicing clinical psychologists is unknown, it is estimated that between
1974 and 1990, the number in the US grew from 20,000 to 63,000.[25]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-26> Clinical
psychologists continue to be experts in assessment and psychotherapy while
expanding their focus to address issues of gerontology, sports, and the
criminal justice system to name a few. One important field is health
psychology, the fastest-growing employment setting for clinical
psychologists in the past decade.[9]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-benjamin2-9>
Other
major changes include the impact of managed care
<https://en.m.wikipedia.org/wiki/Managed_care> on mental health care; an
increasing realization of the importance of knowledge relating to
multicultural and diverse populations; and emerging privileges to prescribe
psychotropic medication. Approximately 20% of clinical health psychologists
identify themselves as counseling psychologists as well.[26]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-27>

In the UK psychology is now one of the most popular degree subjects, and
over 15,000 people graduate in psychology each year, many with the hope of
developing this into a career, although only around 600 places for doctoral
training in clinical psychology means there is intense competition for
these places.[27]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-28>[28]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-29> There is
also fierce competition to get into US Ph.D. programs in clinical
psychology, with an average acceptance rate of 8%.[29]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-30>

Professional practiceEdit
<https://en.m.wikipedia.org/wiki/Clinical_psychology#/editor/7>

Clinical psychologists can offer a range of professional services,
including:[11]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-compass-11>

Administer and interpret psychological assessment and testingConduct
psychological researchConsultation (especially for multi-disciplinary teams
in mental health settings, such as psychiatric wards and increasingly other
healthcare settings, schools and businesses)Development of prevention and
treatment programsProgram administrationProvide expert testimony (forensic
psychology)Provide psychological/ mental treatment (psychotherapy, or/and
psychopharmacology "prescribing psychologists")Teach

In practice, clinical psychologists may work with individuals, couples,
families, or groups in a variety of settings, including private practices,
hospitals, mental health organizations, schools, businesses, and non-profit
agencies. Most clinical psychologists who engage in research and teaching
do so within a college or university setting. Clinical psychologists may
also choose to specialize in a particular field—common areas of
specialization, some of which can earn board certification,[30]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-31> include:

Family therapy <https://en.m.wikipedia.org/wiki/Family_therapy> and
relationship
counseling <https://en.m.wikipedia.org/wiki/Relationship_counselling>Forensic
psychology <https://en.m.wikipedia.org/wiki/Forensic_psychology>Health
psychology <https://en.m.wikipedia.org/wiki/Health_psychology>Medical
psychology <https://en.m.wikipedia.org/wiki/Medical_psychology>Psychosomatic
medicine <https://en.m.wikipedia.org/wiki/Psychosomatic_medicine>Clinical
neuropsychology <https://en.m.wikipedia.org/wiki/Clinical_neuropsychology>Child
psychopathology
<https://en.m.wikipedia.org/wiki/Child_psychopathology>Organization
and business
<https://en.m.wikipedia.org/wiki/Industrial_and_organizational_psychology>School
psychology <https://en.m.wikipedia.org/wiki/School_psychology>Mental
disorders <https://en.m.wikipedia.org/wiki/Mental_disorder> (e.g. psychological
trauma <https://en.m.wikipedia.org/wiki/Psychological_trauma>, addiction
<https://en.m.wikipedia.org/wiki/Substance_dependence>, eating disorders
<https://en.m.wikipedia.org/wiki/Eating_disorder>,sleep disorders
<https://en.m.wikipedia.org/wiki/Sleep_disorder>, sexual dysfunction
<https://en.m.wikipedia.org/wiki/Sexual_dysfunction>,clinical depression
<https://en.m.wikipedia.org/wiki/Clinical_depression>, anxiety
<https://en.m.wikipedia.org/wiki/Anxiety>, or phobia
<https://en.m.wikipedia.org/wiki/Phobia>, and psychosis
<https://en.m.wikipedia.org/wiki/Psychosis>)Sport psychology
<https://en.m.wikipedia.org/wiki/Sport_psychology>Clinical Geropsychology
<https://en.m.wikipedia.org/wiki/Clinical_Geropsychology>

Salary and employment of clinical psychologists

Training and certification to practice

Assessment

Clinical theories and interventions

Professional ethics

Comparison with other mental health professions

CriticismsEdit
<https://en.m.wikipedia.org/wiki/Clinical_psychology#/editor/30>

Clinical psychology is a diverse field and there have been recurring
tensions over the degree to which clinical practice should be limited to
treatments supported by empirical research.[97]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-observing-98>Despite
some evidence showing that all the major therapeutic orientations are about
of equal effectiveness,[98]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-99>[99]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-100> there
remains much debate about the efficacy of various forms treatment in use in
clinical psychology.[100]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-101>

It has been reported that clinical psychology has rarely allied itself
withclient
groups <https://en.m.wikipedia.org/wiki/Psychiatric_survivors_movement> and
tends to individualize problems to the neglect of wider economic, political
and social inequality issues that may not be the responsibility of the
client.[97]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-observing-98> It
has been argued that therapeutic practices are inevitably bound up with
power inequalities, which can be used for good and bad.[101]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-102> A critical
psychology <https://en.m.wikipedia.org/wiki/Critical_psychology>movement
has argued that clinical psychology, and other professions making up a "psy
complex," often fail to consider or address inequalities and power
differences and can play a part in the social and moral control of
disadvantage, deviance and unrest.[102]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-103>[103]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-104>

An October 2009 editorial in the journal*Nature*
<https://en.m.wikipedia.org/wiki/Nature_(journal)> suggested that a large
number of clinical psychology practitioners in the United States consider
scientific evidence to be "less important than their personal—that is,
subjective—clinical experience."[104]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-105> This is
despite evidence of the often superior accuracy of statistical over
clinical prediction.[105]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-106>[106]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-107>[107]
<https://en.m.wikipedia.org/wiki/Clinical_psychology#cite_note-108>

cmt1 October 8 2015

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