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90-520 - (PC) Coleman, et al v. Brown, et al.


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90-520 - (PC) Coleman, et al v. Brown, et al.
April 22, 2005
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 [email protected] (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 [email protected] (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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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STIPULATION and ORDER Discharging Orders Requiring Monthly Reports signed by Judge Kimberly J. Mueller on 4/6/15. (Dillon, M)
April 16, 2015
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
October 13, 2015
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ORDER signed by Judge Kimberly J. Mueller on 10/13/2015 APPROVING the 5363 Finalized Templates. In accordance with paragraph 4 of this court's 5343 Order, the first set of completed templates shall be filed with the monthly reports to be filed in October 2015. (Donati, J)
October 28, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/27/15 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $380,141.63 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)
October 28, 2015
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STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 10/27/15. Defendants shall continue, under the guidance of the Special Master, to implement the plans and policies approved by the Courts August 11, 2014 order, as modified by the proposed revision to Section 51020.5 of CDCRs Use of Force policy identified herein. Implementation of the plans and policies approved by the August 11, 2014 order and this order shall continue to be monitored by the Special Master in accordance with his monitoring and reporting duties in this action.(Dillon, M)
November 12, 2015
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ORDER signed by Judge Kimberly J. Mueller on 11/10/2015 ORDERING in lieu of a separate report as contemplated by the court's 5/18/2015 order, the Special Master shall include in his Twenty Sixth Round Monitoring Report the report and recommendations on staffing required by that order.(Yin, K)
November 13, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/12/15 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $331,885.64 for services rendered in October 2015 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M)
December 10, 2015
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 12/9/15. THE PARTIES HEREBY STIPULATE AND AGREE that $548,842.76 plus interest is due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from November 29, 2015 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961.(Dillon, M)
December 21, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/15 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $304,546.73 for services rendered in November 2015 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court.(Dillon, M)
December 28, 2015
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STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 12/28/15 ORDERING that Plaintiffs shall have 30 days from the date of the Special Master's final report to the parties (in whatever form that report takes), on the results of the Special Master teams review of the selected clinical cases, in which to file a written response, if any, to Defendants Report in Response to the August 21, 2015 Order. Defendants may file a reply within 30 days from the filing of Plaintiffs' written response to Defendants Report in Response to August 21, 2015 Order. Defendants shall designate a High-Custody Intermediate care unit at DSH-Stockton as a "flex" unit that can accept both Intermediate and Acute level of care patients as needed and shall activate that unit on or before 1/1/2016. (Kastilahn, A)
December 28, 2015
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May 1, 2016, unless the court orders otherwise before that date. (Kastilahn, A) Modified on 1/5/2016 (Donati, J).STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 12/28/15 MODIFYING the 5271 Order Regarding First Watch Security/Welfare Checks at Pelican Bay State Prison Security Housing Unit. The court clarifies that the stipulation will expire on
January 22, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 1/22/2016 ORDERING that within 30 days from the date of this order, defendants shall deposit $750,000.00 (102 interim payment) with the Clerk of Court. (cc Financial Department) (Donati, J)
February 5, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 02/05/16 ordering the Clerk of the Court is directed to pay Matthew A. Lopes, Jr., Esq., Special Master the amount of $416,475.33 for services rendered in December 2015 in accordance with the attached statement. A copy of this order shall be served on the Financial Department of this court. (cc: Financial) (Plummer, M)
February 12, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/12/16 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $334,529.29 for services rendered in January 2016 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial) (Dillon, M)
February 12, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 2/12/2016 ORDERING defendants to deposit $750,000.00 with the Clerk of Court within 30 days of the date of this order. (cc Financial) (Donati, J)
March 2, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 3/1/2016 ORDERING Upon review of the Notice of Related Cases, the court has determined it is inappropriate to relate and reassign Case No. 2:15-CV-02656 KJM CKD to Case No. 2:90-CV-0520 KJM KJN, and therefore declines to do so. IT IS SO ORDERED; Nothing in this order should be construed as a finding on the merits of any of the assertions in the Notice or the response of the Coleman plaintiffs to the Notice. (Reader, L)
March 4, 2016
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THREE-JUDGE COURT ORDER signed by District Judge Kimberly J. Mueller on 3/4/2016 ORDERING the defendants to continue to report to the court monthly as required by the 5061 Three-Judge Court Opinion; ORDERING that said reports include a discussion of the steps the defendants are taking to ensure that complaince with the 137.5% benchmark is durable. (Michel, G.)
March 15, 2016
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[SUPERCEDED BY DOCUMENT 5423ORDER signed by Magistrate Judge Kendall J. Newman on 3/15/16 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $355,307.99 for services rendered in February 2016 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M) Modified on 3/16/2016 (Dillon, M). Modified on 3/17/2016 (Plummer, M).
March 17, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/17/16 ordering the clerk of the court is directed to pay Matthew R. Lopes, Jr. Esq., special master the amount of $355,307.99 for services rendered in February 2016 in accordance with the attached statement. A copy of this order shall be served on the Financial Department of this court. (cc: Financial)(Plummer, M) Modified on 3/17/2016 (Plummer, M).
March 18, 2016
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 3/17/16 ORDERING that $405,382.31 plus interest is due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from February 29, 2016 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961.(Dillon, M)
March 23, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 3/22/16 ORDERING that within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and fourth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action; and the Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (cc Financial)(Dillon, M)
March 25, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 03/24/16 ORDERING that the 5399 Special Master's Expert's Report on Suicides Completed In the California Department of Corrections and Rehabilitation January 1, 2013 December 31, 2013 is ADOPTED IN FULL. (Benson, A)
April 5, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 4/4/16 ORDERING that the Special Master's Expert's report entitled Re-Audit and Update on Suicide Prevention Practices in the Prisons of the California Department of Corrections and Rehabilitation, ECF No. 5396, is adopted in full. (Kastilahn, A)
April 21, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/16 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $360,053.02 for services rendered in March 2016 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc Financial)(Dillon, M)
April 22, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 4/21/2016 ORDERING that all documents submitted to this Court by employees of state agencies involved in this action be returned to the staff with a copy of this order. (Michel, G.)
April 28, 2016
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ORDER to SHOW CAUSE signed by District Judge Kimberly J. Mueller on 4/28/16ORDERING that within 14 days from the date of this order the parties in the above-captioned cases may show cause, if any they have, why the action denominated as 2:16-cv-0811 TLN CKD P should not be reassigned to the undersigned and Magistrate Judge Kendall J. Newman for all further proceedings.(Dillon, M)
May 3, 2016
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 05/02/16 ordering the parties request for a 60 days extension of the Court's 12/28/15 order modifying its 02/03/15 order allowing defendants to temporarily conduct Security/Welfare checks utilizing Guard One at the Pelican Bay SHU once per hour during First Watch (2200 hours to 0600) hours is granted. This stipulation will expire on 06/30/16 and may be continued by further Stipulation and concurrence of the Special Master. (Plummer, M)
May 19, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 5/19/2016 ORDERING, within 30 days, defendants shall deposit with the Clerk a one hundred and fifth interim payment of costs in the amount of $750,000.00, which amount shall be invested in the interest-bearing account previously opened for this action; and the Clerk shall serve a copy of this order on the Financial Department. (cc: Financial)(Yin, K)
May 20, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 05/20/16 ordering the clerk of the court is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, Pannone, Lopes, Devereaux and West LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908 the amount of $441,449.05 for services rendered in April 2016 in accordance with the attached statement. A copy of this order shall be served on the financial department of the court. (cc: Financial) (Plummer, M)
June 23, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/23/16 ordering the clerk of the court is directed to pay to Matthew A. Lopes, Jr. Esq., Special Master, Pannone, Lopes, Devereaux & West LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908 the amount of $489,048.07 for services rendered in May 2016 in accordance with the attached statement. A copy of this order shall be served on the Financial Department of this court. (cc: Financial)(Plummer, M)
June 24, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 6/15/2016 ACCORDINGLY the parties, with the concurrence of the Special Master, stipulate as follows:Beginning 6/15/2016, Defendants will file, along with Defendants' Psychiatric Inpatient Programs Census Report, the referral/waitlist and monthly trends report pursuant to this stipulation and in the forms attached as Exhibits A, B, and C. IT IS SO ORDERED. (Attachments: # (1) Exhibits A-C)(Reader, L)
June 27, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 6/27/16 ADOPTING IN FULL 5428 Special Master's Expert's Report on Suicides Completed in the California Department of Corrections and Rehabilitation. (Jackson, T)
June 27, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 6/27/2016 ORDERING within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and sixth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court (cc: Financial). (Jackson, T)
June 29, 2016
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/28/16. The parties stipulate and agree that $494,335.22 plus interest is due and collectable as of forty-five days from the date of entry of this Order. Interest on these fees and costs will run from June 2, 2016 (31 days after Defendants receipt of Plaintiffs statement), accruing at the rate provided by 28 U.S.C. § 1961.(Dillon, M)
June 30, 2016
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ORDER granting 5461 REQUEST for appointment of additional staff signed by District Judge Kimberly J. Mueller on 6/29/16. (Kaminski, H)
June 30, 2016
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/30/2016 EXTENDING Order Modifying the 2/3/2015 Order Regarding First Watch Security/Welfare Checks at Pelican Bay State Prison Security Housing Unit re: 5465 Stipulation and Proposed Order. (Donati, J)
July 25, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/22/16 ordering the Clerk of the Court is directed to pay Matthew A. Lopes, Jr., Esq., Special Master, Pannone, Lopes, Devereaux & West LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908 the amount of $469,051.18 for services rendered in June 2016 in accordance with the attached statement. A copy of this order shall be served on the Financial Department of the Court. (cc: Financial) (Plummer, M)
August 3, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 08/02/16 ORDERING that Special Master Matthew A Lopes, Jr.'s 5473 Request for appointment of additional staff is GRANTED; the Special Master is authorized to appoint Regina M. Costa, Esq. as a court monitor and to be compensated at the following rates: $235.00 per hour for her work and $90.00 per hour for travel time, plus reasonable expenses (cc: Financial). (Benson, A)
August 9, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 8/7/2016 ORDERING the defendants to provide the Special Master with monthly updates re implementation of their staffing plan and to meet and confer monthly to discuss and consider strategies and initiatives; ORDERING the Special Master to issue a stand-alone report on the status of mental health staffing and implementation of the defendants' staffing plan within one hundred twenty (120) days; ORDERING the CDCR defendants to complete and implement their new peer review process at 34 CDCR institutions; ORDERING the defendants and the Special Master to meet and confer to discuss, consider and develop strategies and initiatives to improve collaboration between custody and mental health at all institutions where mentally ill inmates are housed; ADOPTING the plan and agreement described in the 5439 Twenty-Sixth Round Monitoring Report; ORDERING the CDCR to conduct its trial implementation of CQIT at ten CDCR institutions, in the manner described in the Twenty-Sixth Round Monitoring Report, during the Special Masters Twenty-Seventh Monitoring Round. (Michel, G.)
August 23, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 8/18/16 ORDERING that the Clerk is directed to pay Matthew A. Lopez, Jr., Special Master, the amount of $279,469.42 for services rendered in July 2016 in accordance with the attached statement. (cc: Financial Dept) (Kastilahn, A)
August 24, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 8/23/2016 ORDERING that all documents submitted to this Court by any individual proceeding pro se shall be returned to that individual with a copy of this order. The court may, in its discretion, forward a copy of such documents to the Special Master, or, as appropriate, to counsel for plaintiffs or defendants. (Jackson, T)
September 1, 2016
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AMENDED STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/1/2016 MODIFYING 5271 Order Regarding First Watch Security/Welfare Checks at Pelican Bay State Prison Security Housing Unit. (Jackson, T)
September 20, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 9/19/16 ORDERING that Within thirty days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and seventh interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action; and The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (cc: Financial)(Mena-Sanchez, L) Modified on 9/21/2016 (Plummer, M).
September 23, 2016
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for services rendered in August 2016 in accordance with the attached statement; and a copy of this order shall be served on the financial department of this court. (cc: Financial) (Reader, L) Modified on 9/26/2016 (Plummer, M).ORDER signed by Magistrate Judge Deborah Barnes on 9/22/2016 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, of Pannone Lopes Devereaux & West LLC, Providence, RI, the amount of $449,338.99
September 26, 2016
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STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 9/22/2016 Confirming Attorneys' Fees and Costs for the Second Quarter of 2016. (Jackson, T)
October 6, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 10/6/2016 ORDERING 5496 Plaintiffs are GRANTED 14 days from the date of this order in which to file and serve a response to defendants' 9/28/2016 update; and a Status Conference is set for 11/10/2016 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Reader, L)
October 25, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 10/25/16 ordering on October 24, 2016, Defendants filed a request for leave to file a reply to Plaintiffs response to Defendants Update to the Department of State Hospitals Inpatient Census and Patient Movement Report by no later than November 4, 2016. Good cause appearing, Defendants request 5505 is GRANTED.(Plummer, M) Modified on 10/25/2016 (Plummer, M).
October 27, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 10/26/2016 ORDERING the Clerk is directed to pay Matthew A. Lopes, Jr., Esq., Special Master the amount of $529,159.57 for services rendered in September 2016 in accordance with the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Zignago, K.)
October 31, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 10/31/2016 ORDERING that within 30 days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and eighth interim payment of costs in the amount of $750,000.00, which amount shall be invested in the interest-bearing account previously opened for this action. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. cc: Financial. (Jackson, T)
November 17, 2016
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ORDER to SHOW CAUSE signed by District Judge Kimberly J. Mueller on 11/17/16. IT IS HEREBY ORDERED that on or before 11/22/16, the DSH defendants shall show cause in writing, if any they have, why the waitlists for inpatient care as reported on the MHSDS MIS Report cannot be reduced to zero by 11/23/16, at 5:00 p.m. and maintained at zero thereafter. (Attachments: # (1) Exhibit)(Mena-Sanchez, L)
November 30, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 11/30/16: Within thirty days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and ninth interim payment of costs in the amount of $750,000.00, which amount shall be invested in the interest-bearing account previously opened for this action. (cc: Financial Department). (Kaminski, H)
December 2, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 12/2/2016 ORDERING that the Clerk of the Court is directed to pay to: Matthew A. Lopes, Jr., Esq., Special Master, Pannone Lopes Devereaux & West LLC, 317 Iron Horse Way, Suite 301, Providence, RI 02908, the amount of $525,023.08 for services rendered in October 2016; a copy of this order shall be served on the financial department of this court (cc: Financial). (Jackson, T)
December 9, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 12/08/16 ordering that defendants' request to add items to the agenda for the 1/20/17 status conference is denied. (Plummer, M)
December 9, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 12/08/16 ordering that the parties shall file supplemental briefing as required or allowed by this order on or before 1/13/17. The status conference set for 1/20/17 is confirmed. (Attachments: # (1) Exhibits)(Plummer, M)
December 14, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 12/14/2016 ORDERING that the Clerk is directed to pay to Special Master, Matthew A. Lopes, Jr., Esq., the amount of $560,447.92 for services rendered in November 2016 in accordance with the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Zignago, K.)
December 20, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 12/20/16: The court requests the assistance of the Special Master in determining possible alternative formats for the reports that may be more helpful in identifying and highlighting information the court needs in order to enforce compliance with the remedial plan and other remedial orders. (Kaminski, H)
December 28, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 12/27/2016 ORDERING within 30 days, defendants shall deposit with the Clerk of the Court a one hundred and tenth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action; and the Clerk shall serve a copy of this order on the Financial Department. (cc: Financial)(Yin, K)
January 10, 2017
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STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 1/9/17 ORDERING $594,602.07 plus interest is due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from 11/28/2016 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961.(Washington, S)
January 19, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 1/19/2017 ORDERING the defendants to be prepared to present information, in the form of a written declaration, or live testimony subject to cross-examination at the Status Conference set for 1/23/2017, that provides clarity regarding the data on which defendants' decisions are based, as well as the ongoing disconnect between the number of inmates waiting for appropriate mental health treatment and the number of beds available but unoccupied to allow for that treatment. (Michel, G.)
January 31, 2017
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tatement. (cc: Financial)(Washington, S)ORDER signed by Magistrate Judge Deborah Barnes on 1/30/2017 ORDERING the The Clerk of the Court is DIRECTED to pay to Matthew A. Lopes, Jr., Esq. the amount of $361,522.22 for services rendered in December 2016 in accordance with the attached s
February 22, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 2/21/17: The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master the amount of $414,924.83 for services rendered in January 2017. A copy of this order shall be served on the financial department of this court. (Kaminski, H)
February 23, 2017
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 2/23/17: The stipulation to extend until March 30, 2017 the time for the parties to file responses to the Special Master's Staffing Report is APPROVED. (Kaminski, H)
March 8, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/7/2017 GRANTING Request to Seal Documents. (Washington, S)
March 8, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/7/2017 ADOPTING in FULL 5448 Special Master's Monitoring Report on the Mental Health Inpatient Care programs for Inmates of the California Department of Corrections and Rehabilitation, as are his second, third, and fourth recommendations, 5448 at 121-22. Under the guidance and supervision of the Special Master, and with input from the plaintiffs as appropriate, the DSH defendants shall develop a plan within 90 days for the creation of a continuous quality improvement (CQI) process to be utilized in the DSH inpatient programs that treat Coleman class members. The DSH defendants shall develop within 90 days a plan for the creation of a consistent and uniform patient level system to be utilized across all of its inpatient programs that treat Coleman class members. Until further order of court, defendants shall meet and confer with the Special Master at least thirty days before making any changes, additions, or reductions in the number and/or use of any inpatient beds or mental health crisis beds. (Washington, S)
March 21, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 3/21/2017 ORDERING that the Clerk is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $405,994.22 for services rendered in February 2017 in accordance with the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Zignago, K.)
March 24, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/23/17 re ECF Nos. 5551, 5529: The required responses and briefs shall be filed and served not later than 4:00 p.m. on April 7, 2017. Plaintiff's request to seal is DENIED and the declaration will be returned to counsel unfiled. (Kaminski, H) Modified on 3/24/2017 (Kaminski, H).
March 24, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/23/17: Pursuant to the parties' stipulation, the parties are granted leave to file replies to the responses to the Special Master's February 6, 2017 report. The deadline to file such replies is April 13, 2017. (Kaminski, H)
March 24, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/23/17: Within five days from the date of this order plaintiffs shall inform the court in writing whether they consent to the partial grant of their request to seal as set forth in this order or, instead, whether they withdraw the request and the accompanying declaration. (Kaminski, H)
April 13, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 4/13/17 ORDERING that within thirty days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and eleventh 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 Department)(Becknal, R)
April 13, 2017
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STIPULATION AND ORDER signed by Magistrate Judge Deborah Barnes on 4/12/2017 ORDERING that $608,486.77, plus interest, is due and collectable within forty-five (45) days; ORDERING that interest on said fees and costs run from 5/9/2017, accruing at the rate provided by 28 U.S.C. § 1961. (Michel, G.)
April 14, 2017
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ORDER signed by Magistrate Judge Allison Claire on 4/13/17 ordering the clerk of the court is directed to pay to Matthew A. Lopes, Jr. Esq., Special Master, Pannone, Lopes, Devereaux & O'Gara LLC, Northwoods Office Park, Suite 215N, 1301 Atwood Avenue, Johnston, RI 02919 the amount of $350,000.00 as partial payment of the attached statement. A copy of this order shall be served on the financial department of the court. (cc: Financial) (Plummer, M)
April 14, 2017
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/13/2017 WAIVING State Law Regarding L-Wing at California Medical Facility. (Donati, J)
April 19, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 4/19/17 ORDERING that on or before 5/15/2017, defendants shall come into full and permanent compliance with Program Guide timelines for transfer of inmate-patients to acute and intermediate care facility programs. The parties shall meet and confer with the Special Master. Said addendum shall be completed and submitted to the court for review and final approval within 45 days. Beginning with the 5/15/2017 Census and Waitlists Report for Inpatient Mental Health Care (monthly report), defendants shall include in the monthly report the information as detailed in this order. Beginning on or before 5/15/2017, defendants shall report to the Special Master monthly concerning all inmate-patients referred for inpatient care whose referrals are rejected or rescinded. This matter is SET for hearing on 11/3/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller for consideration of findings of contempt and requirement of payment of fines that may have accumulated on or after 5/16/2017. This matter is SET for status conference and, as necessary, a one day evidentiary hearing on 8/29/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller to address achievement of full compliance with the 24 hour Program Guide transfer timeline to mental health crisis beds. Not later than 7/28/2017, the parties shall file a joint report. (Attachments: # (1) Attachment 2A) (Kastilahn, A)
May 8, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 5/8/2017 ORDERING that Within thirty days from the date of this order, defendants shall deposit with the Clerk a one hundred and twelfth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action; and the Clerk is directed to serve a copy of this order on the Financial Department of this Court. (CC: Financial Department)(Becknal, R)
May 16, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 5/15/2017 ORDERING the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr. Esq., Special Master, Pannone, Lopes, Devereaux & O'Gara LLC, Northwoods Office Park, Suite 215N, 1301 Atwood Avenue, Johnston, RI 02919 the amount of $186,197.38 to complete payment of the attached statement. A copy of this order shall be served on the financial department of the court. (cc: Financial) (Henshaw, R)
May 25, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 5/25/2017 DIRECTING the Clerk of Court to pay $426,922.48 to Matthew A. Lopes, Jr., Special Master. (cc Financial) (Donati, J)
June 8, 2017
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/8/2017 re: Addendum to Program Guide regarding Transfer Timeframes. (Donati, J)
June 8, 2017
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/8/2017 for Extension of Time to file Program Guide Addendum re: Mental Health Crisis Bed Exceptions. Deadline: 7/28/2017.(Donati, J)
June 8, 2017
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STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 06/08/17 ORDERING that $542,933.79 plus interest is due and collectable as of 45 days from the date of entry of this Order. Interest on these fees and costs will run from 06/01/17 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Benson, A)
June 16, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 6/15/2017 ORDERING the Clerk of Court to pay Special Master, Matthew A. Lopes, Jr., Esq. the amount of $352,453.69. (cc: Financial Department) (Michel, G.)
June 20, 2017
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THREE-JUDGE COURT ORDER signed by Judge Kimberly J. Mueller, Stephen Reinhardt and Thelton E. Henderson on 6/20/2017 SUSPENDING Paragraph 4(B) of 5060 Order. (Donati, J)
July 17, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 7/14/17, ORDERING that within 14 days from the date of this order the parties in the above captioned case are directed to file and serve any response they may have to the Notice of Related Cases filed in this action on 7/11/2017. The Clerk is directed to filed a copy of this order in Case No. 1:14-cv-1959 DAD SKO P; Case No. 1:15-cv-0266 JLT P; and Case No. 2:17- cv-1402 CKD and serve it on the parties in said cases. Within 14 days from the date of this order any party to a case listed in paragraph two of this order may, but is not required, to respond to the Notice of Related Cases. (Kastilahn, A)
July 20, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 7/19/17 ORDERING that Within thirty days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and thirteenth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action; and The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court.(Mena-Sanchez, L)
July 25, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 7/24/17 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master Pannone Lopes Devereaux & O'Gara LLC Northwoods Office Park, Suite 215N 1301 Atwood Avenue Johnston, RI 02919 the amount of $458,376.80 as payment of the attached statement; and A copy of this order shall be served on the financial department of this court.(Mena-Sanchez, L)
August 1, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 8/1/2017 ORDERING that, within 7 days from the date of this order, the parties to file a supplemental stipulation clarifying the basis for their request to continue until 1/31/2018. The hearing scheduled for 8/29/2017 is CONTINUED to 9/29/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Deadline for filing of the joint report required by 5610 Order is CONTINUED to 8/29/2017. (Donati, J)
August 14, 2017
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STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 8/14/2017 ORDERING the parties to continue to meet and confer weekly for the purposes outlined in paragraph 1 of this Stipulation; ORDERING the parties to submit by 11/30/2017, an addendum to the Program Guide that identifies exceptions to the Program Guide timeline for transfers to Mental Health Crisis Beds for review and final approval; RESETTING the In Court Hearing to 9/28/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Michel, G.)
August 14, 2017
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ORDER designating United States District Court composed of three judges pursuant to Section 2284, Title 28 United States Code. Effective 08/14/17, the Honorable Jon S. Tigar will take the place of the Honorable Thelton E. Henderson. Signed by Chief Judge Sidney R. Thomas, United States Court of Appeals for the Ninth Circuit, on 8/14/17. (Michel, G.)
August 18, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 8/18/17 ORDERING that The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master Pannone Lopes Devereaux & O'Gara LLC Northwoods Office Park, Suite 215N 1301 Atwood Avenue Johnston, RI 02919 the amount of of $427,983.13 as payment of the attached statement; and A copy of this order shall be served on the financial department of this court.(Mena-Sanchez, L)
August 28, 2017
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STIPULATION and ORDER ON DEFENDANTS' PLAN TO REVIEW THE ENHANCED OUTPATIENT PROGRAM POPULATION signed by District Judge Kimberly J. Mueller on 8/23/17. (Mena-Sanchez, L)
September 12, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 9/11/2017 GRANTING 5673 Stipulation Confirming Attorneys' Fees and Costs for the Second Quarter of 2017. (Henshaw, R)
September 12, 2017
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THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt, District Judge Kimberly J. Mueller and District Judge Jon S. Tigar on 9/12/2017 ORDERING intervenors who wish to remain on this case shall file a notice of intention to remain an intervenor on or before 10/12/2017. Any intervenor who does not timely file such notice will be terminated from this case with prejudice. (Donati, J)
September 22, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 9/22/17: The court requires defendants to explain why they have not activated the number of mental health crisis beds and acute inpatient care beds projected by their Bed Need Studies. The court also requires defendants to explain whether they can accelerate the building of some or all of these crisis beds. (Kaminski, H)
September 25, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 9/22/2017 ORDERING 640 Within 30 days from the date of this order, defendants shall deposit with theClerk of the Court a one hundred and fourteenth 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)
September 25, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 09/25/17 ORDERING that the Clerk of the Court is DIRECTED to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $444,375.38 as partial payment of the attached statement (cc: Financial). (Benson, A.)
September 28, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 09/27/17 ORDERING that that within 5 days, defendants shall inform the court in writing whether they consent to the partial grant of their request to seal as set forth in this order or, instead, whether there is good cause to seal additional pages within either Exhibit 2 or Exhibit 7 to the Weber Declaration. (Benson, A.)
October 4, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 10/4/2017 GRANTING-IN-PART and DENYING-IN-PART 5681 Request to Seal Exhibits 2 & 7. (Donati, J)
October 10, 2017
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ORDER regarding 9/28/2017 status conference and evidentiary hearing signed by District Judge Kimberly J. Mueller on 10/10/2017 RESOLVING three issues raised by the parties. The court does not address in full here the underlying causes of systemic delays in access to MHCBs. Defendants' remedial plan, the Revised 2009 Program Guide, established the framework for delivering constitutionally adequate mental health care, and the time to materially alter its provisions has passed. It must be fully implemented and complied with. Defendants staffing plan established the ratios for determining the number of mental health staff required to implement the provisions of the Revised Program Guide. The annual spring and fall population projections inform defendants every year about how many mental health beds they will need in time to plan for and activate the projected number of beds. It appears to the court defendants must build and activate the required number of mental health crisis beds with an urgency far greater than shown at hearing. As will be clear in a separate order, staffing shortages must be remedied with similar urgency. (See Order for Details)(Yin, K)
October 10, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 10/10/2017 ORDERING the findings in the Special Master's 2/6/2017 Report on the Status of Mental Health Staffing and the Implementation of Defendants' Staffing Plan are ADOPTED in full. The recommendations are ADOPTED, with modifications, as stated in accordance with this order. Within one year form the date of this order, the CDCR defendants shall take all steps necessary to come into complete compliance with the staffing ratios in their 2009 Staffing Plan and the maximum ten percent vacancy rate required by the court's 6/13/2002 order. Under the guidance of the Special Master, defendants shall develop an addendum to the Revised Program Guide to govern the use of telepsychiatry and the extent to which telepsychiatrists may provide mental health services in place of on-site psychiatrists. Paragraph two of the court's 3/8/2017 order 5573 is AMENDED to require complete implementation of the DSH defendants' staffing plan within one year from the date of this order. Defendants' 4/13/2017 motion to strike 5600 and 4/27/2017 motion to strike 5613 are DENIED without prejudice. This matter is set for Status Conference on 4/12/2018 at 10:00 AM and for Further Status Conference on 10/11/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (See Order for Details)(Yin, K)
October 24, 2017
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THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt, District Judge Kimberly J. Mueller and District Judge Jon S. Tigar on 10/24/2017 TERMINATING all intervenors from this case with prejudice with the exception of California Correctional Peace Officers' Association and California Office of the Inspector General re 5675 Three-Judge Court Order. (Donati, J)
October 24, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 10/24/2017 ORDERING Clerk of the Court to pay Matthew A. Lopes, Jr., Esq. Special Master, the amount of $447,522.69 as payment of the attached statement and the balance remaining from the August 2017 bill for services. (cc: Financial) (Henshaw, R)
October 24, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 10/24/2017 Within thirty days from the date of this order, defendants shall deposit with the Clerk of the Court a one hundred and fifteenth interim payment of costs in the amount of $750,000.00 which amount shall be invested in the interest-bearing account previously opened for this action; and The Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (cc: Finance) (Washington, S)
November 6, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 11/03/17 setting forth the Agenda for the 12/20/17 status; a joint statement proposing language for addenda to the Program Guide is due by 11/30/17. (Benson, A.)
November 21, 2017
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THREE-JUDGE COURT ORDER signed by Circuit Judge Stephen Reinhardt, District Judge Kimberly J. Mueller and District Judge Jon S. Tigar on 11/21/2017 TERMINATING amici Californian United for a Responsible Budget and NAACP Legal Defense and Educational Fund, Inc from the docket. (Donati, J)
December 1, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 11/30/2017 ORDERING the Clerk to pay Matthew A. Lopes, Jr., Esq., Special Master, the amount of $396,328.72 as payment of the attached statement. A copy of this order shall be served on the financial department of this court. (cc: Financial) (Zignago, K.)
December 7, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 12/7/2017 ORDERING, within thirty days, defendants shall deposit a one hundred and sixteenth interim payment of costs in the amount of $750,000.00, which amount shall be invested in the interest-bearing account previously opened for this action. The Clerk is directed to serve a copy of this order on the Financial Department of this Court. (cc: Financial) (Zignago, K.)
December 12, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 12/12/17: The Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. the amount of $458,958.79. (Kaminski, H)
December 15, 2017
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ORDER to SHOW CAUSE signed by District Judge Kimberly J. Mueller on 12/15/2017 IT IS HEREBY ORDERED that within seven days from the date of this order plaintiffs shall file an amendment to their Joint Exhibit List that lists only the three exhibits offered as exhibits at hearing on 1/23/2017 unless they can, within the same period, show cause why the Joint Exhibit List contained in ECF No. 5557 correctly reflects the exhibits offered at hearing. (Reader, L)
December 15, 2017
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3/2017 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Kastilahn, A)STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/15/17, ORDERING that $651,071.51 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/
December 15, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 12/15/17 ORDERING that A ddendum to 12.11.2101(A) PIP Policy and Procedure Referral and Admission, Exhibit 1 to 5744, is APPROVED and shall be implemented forthwith. On or before 3/31/2018, the parties shall file a current consolidated Program Guide incorporating all modifications required by court orders issued since March 2006. This update to the Program Guide shall be completed under the supervision of the Special Master. The status conference set for 12/20/17 is VACATED. All deadlines related to the Program Guide addendum for exceptions to the twenty-four hour transfer timeline and to submission of reporting templates concerning MHCB transfers are VACATED. (Mena-Sanchez, L)
January 25, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 1/24/2018 ORDERING that the Special Master's 9/7/17 report, ECF No. 5671, and Mr. Hayes9/7/17 report entitled The Second Re-Audit and Update of Suicide Prevention Practices in the Prisons of the CDCR, ECF No. 5672, are ADOPTED in full; the court ADOPTS Mr. Hayes' recommendation to withdraw three recommendations, identified as Recommendations 14, 15 and 16 in Mr. Hayes' 1/13/16 report entitled A Re-Audit and Update on Suicid(Becknal, R)e Prevention Practices in the Prisons of the CDCR, ECF No. 5396, and set out in full in, inter alia, the Special Master's 9/7/17 report, ECF No. 5671 at 3 n.1. The court's 2/3/15 order, ECF No. 5271, is deemed modified accordingly; Defendants shall continue to implement the remaining recommendations in the initial audit report and develop corrective action plans based upon deficiencies found in Mr. Hayes' most recent assessment; The Special Master shall provide an updated report to the court on the state of defendants' continued implementation of the initial recommendations and the development of related corrective action plans; Within fourteen days defendants shall SHOW CAUSE in writing why the inadequate wall ventilation grates at CSP-Corcoran cannot be replaced within six months; Within thirty days defendants shall provide to the Special Master and file with the court a detailed plan for completion of the necessary work at CIM, including a schedule with a date certain for completion of the work, a description of every step necessary to complete the work, specific timetables by which each such step shall be completed, the names and addresses of all persons responsible for approval and/or execution of each step of the work, and a timetable for certification to the Special Master of the action or actions taken and whether the renovations remain on schedule; and not later than thirty days from the date of this order defendants shall provide to the Special Master a local SPRFIT policy revised in accordance with Mr. Hayes' critique and the requirements of the Revised Program Guide, so the policy can be fully implemented by the time Mr. Hayes begins his next round of auditing in May 2018.
January 25, 2018
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h therein. (cc Financial) (Becknal, R)ORDER signed by District Judge Kimberly J. Mueller on 1/25/2018 ORDERING that the Special Master's 1/23/2018 request for appointment of additional staff, ECF No. 5759, is GRANTED; and the Special Master is authorized to appoint LaTri-c-ea McClendon-Hunt, Esq. as a court monitor to perform the duties set forth in the Special Master's Request for the Appointment of Additional Staff and Appointment of Deputy Special Master, filed 1/23/2018, and to be compensated at the rates set fort
January 30, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 1/29/2018 ORDERING, within thirty days, defendants shall deposit a one hundred and seventeenth 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) (Washington, S) Modified on 1/31/2018 (Washington, S).
January 30, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 1/30/2018 DIRECTING The Clerk of the Court to pay to Matthew A. Lopes, Jr., Esq. the amount of $312,432.11 as payment of the attached statement; and A copy of this order shall be served on the financial department of this court. (cc: Finance)(Washington, S) Modified on 1/31/2018 (Washington, S).
February 2, 2018
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ORDER REASSIGNING CASE signed by District Judge Kimberly J. Mueller on 2/2/2018 RELATED CASE(S) with 2:90-CV-520 KJM DB P, 1:14-CV-1959 DAD SKO P, 1:15-CV-266 LJO JLT P and 2:17-CV-1402 CKD P, to District Judge Kimberly J. Mueller and Magistrate Judge Deborah Barnes for all further proceedings, and any dates currently set in the reassigned cases only are hereby VACATED; New Case Numbers: 1:14-CV-1959 KJM DB P, 1:15-CV-266 KJM DB P and 2:17-CV-1402 KJM DB P.(Reader, L)
February 5, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 2/5/18: Status Conference is set for 2/14/2018 at 02:00 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Not later than 4:00 p.m. on Monday, February 12, 2018, the parties shall file the joint status report required by this order. The status conference set for April 12, 2018 is vacated and will be reset, as appropriate, at a later stage of these proceedings. (Kaminski, H)
February 9, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 2/7/2018 ORDERING that the Clerk of the Court is directed to pay to Matthew A. Lopes, Jr., Esq. Special Master, the amount of $475,604.28 as payment of the attached statement; and a copy of this order shall be served on the financial department of this court. (cc: Financial) (Becknal, R)
February 14, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 2/13/18 ORDERING that the 1/25/18 ORDER to SHOW CAUSE 5762 is DISCHARGED; and Within fourteen days from the date of this order defendants shall consult and work with the Special Master to develop the plan and schedule required by this order. (Mena-Sanchez, L)
February 15, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 2/15/2018 ORDERING that on or before 2/28/2018 defendants shall provide to the Special Master and to plaintiffs summaries, one from each of the staffing consultants defendants retained to conduct tours in 2017 or 2018. Plaintiffs' request for discovery related to the staffing consultants' tours and for new tours is DENIED without prejudice to renewal, as appropriate, following review of the summaries required by paragraph 1 of this order. The Special Master shall take all steps necessary and within his powers as established by the Order of Reference to create a complete factual record for consideration and resolution of the issues outlined in this order in the manner described in this order. On or before 6/21/2018; the parties shall file a joint status report informing the court of their progress in resolving the questions outlined in this order. Further Status Conference is SET for 6/28/2018 at 02:00 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Defendants shall file monthly reports on psychiatrist vacancy rates as required by this order. The first report shall be filed by 3/15/2018. Plaintiffs' request for an order governing future joint prison tours is denied without prejudice to its renewal, as appropriate, at the status conference set for 6/28/2018. To the extent not resolved by this order or the court's bench order, plaintiffs' 5764 motion for case management orders and sanctions, is DENIED as MOOT. Defendants'5771 amended motion for extension of time is DENIED.(Washington, S)
February 21, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 2/21/18: Should defendants decide to file a motion to terminate this action prior to a determination by this court, or by agreement of the parties with the Special Master's approval, that a durable remedy has been achieved, defendants shall file notice of their intention to file such motion not later than six months prior to filing the motion. (Kaminski, H)
March 12, 2018
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m 3/8/2018 (31 days after Defendants' receipt of Plaintiffs' statement), accruing at the rate provided by 28 U.S.C. § 1961. (Zignago, K.)STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 3/9/2018 ORDERING that $525,521.76 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 fro
March 12, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 3/9/2018 ORDERING Case No. 2:90-cv-0520 KJM DB P, No. 2:18-cv-0340 MCE AC P and No. 2:18-cv-0362 KJN P are RELATED. Actions No. 2:18-cv-0340 MCE AC P and No. 2:18-cv-0362 KJN P are REASSIGNED to D as Case No. 2:18-cv-0340 KJM DB P and Case No. 2:18-cv-0362 KJM DB P. (Zignago, K.)istrict Judge Kimberly J. Mueller and to Magistrate Judge Deborah Barnes for all further proceedings, and any dates currently set in the reassigned case only are hereby VACATED. The caption on documents filed in the reassigned cases shall be shown
March 14, 2018
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THREE-JUDGE COURT STIPULATION and ORDER signed by Circuit Judge Stephen Reinhardt, District Judge Kimberly J. Mueller and District Judge Jon S. Tigar on 3/14/2018 re: Design Capacity Calculations for infill beds at Mule Creek State Prison and Donovan Correctional Facility. (Donati, J)
March 15, 2018
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/15/18, ORDERING that Defendants have until the last court day of March 2018 to file CDCR's February 2018 psychiatry staffing vacancy report identifying the psychiatrist vacancy rates at each CDCR institution and in the aggregate systemwide. (Kastilahn, A)
March 16, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 3/15/2018 ORDERING the Clerk is directed to pay to Matthew A. Lopes, Jr., Esq., Special Master, the amount of $375,424.95 as payment of the attached statement. (cc: Financial) (Zignago, K.)
March 20, 2018
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ch amount shall be invested in the interest-bearing account previously opened for this action. (cc: Financial Department) (York, M)ORDER signed by District Judge Kimberly J. Mueller on 3/19/2018 DIRECTING Defendants, within 30 days from the date of this order, to deposit with the Clerk of the Court a 118th interim payment of costs in the amount of $750,000.00 whi
April 2, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 3/30/2018 GRANTING 5810 Motion for Appointment of Additional Staff; The Special Master is AUTHORIZED to appoint Angelyne E. Cooper, Esq. as a court monitor. (Fabillaran, J)
April 4, 2018
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ORDER signed by Chief Circuit Judge Sidney R. Thomas on 4/4/2018 DESIGNATING Circuit Judge Kim McLane Wardlaw to the three-judge court. The Three-Judge Court will now consist of Circuit Judge Kim McLane Wardlaw, District Judge Kimberly J. Mueller and District Judge Jon Tigar. (Donati, J)
April 10, 2018
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/9/2018 GRANTING 5812 Stipulation and Proposed Order. The joint request for extension of time is GRANTED. The updated Program Guide shall be completed in accordance with the requirements of this order and filed on or before 5/30/2018. (Zignago, K.)
April 23, 2018
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R)ORDER signed by Magistrate Judge Edmund F. Brennan on 4/20/2018 DIRECTING Clerk of Court to pay Matthew A. Lopes, Jr., Esq., Special Master the amount of $490,208.24 as payment for the attached statement. (cc: Financial Department) (Henshaw,
May 15, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 05/15/18 ORDERING the Clerk of the Court is directed to pay to Pannone, Lopes, Devereaux and O'Gara LLC, Attn: Matthew A. Lopes, Jr., Esq., Special Master, Northwoods Office Park, Suite 215N, 1301 Atwood Avenue, Johnston, RI 02919 the amount of $442,851.03 as payment of the attached statement. A copy of this order shall be served on the financial department of the court. (cc: Financial) (Plummer, M)