Atayde v. Napa State Hospital et al

Filing 141

ORDER RE STIPULATION RE CONFIDENTIAL DOCUMENT PRODUCTION. Pursuant to the agreement of all the parties in this action, IT IS HEREBY ORDERED that the above stipulation is entered. Signed by Magistrate Judge Stanley A. Boone on 5/23/2019. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUCY ATAYDE,
Plaintiff,

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Case No. 1:16-cv-00398-DAD-SAB
ORDER RE STIPULATION RE
CONFIDENTIAL DOCUMENT
PRODUCTION

v.
NAPA STATE HOSPITAL, et al.,

(ECF Nos. 136, 138, 139, 140)

Defendants.

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On May 14, 2019, Intervenors Ai Qiong Zhong, W.L., and Mai Chau (“Intervenors”),

18 who are plaintiffs in a related matter, filed a motion to intervene for the purpose of modifying the
19 protective order entered in this matter in order to obtain certain discovery. (ECF No. 128.) On
20 May 21, 2019, Plaintiff filed a stipulation that will remove the confidential designation over
21 these discovery materials and allow production of such materials to the intervenors. Because the
22 stipulation was not signed by all parties in the action, the Court ordered the Defendants that were
23 not signatories to the stipulation to file a statement signifying whether they oppose the entry of
24 the stipulation (ECF No. 138). On May 22, 2019, Defendants California Forensic Medical
25 Group, Inc., Taylor Fithian, Heather Goode, Sean Ryan, Deborah Mandujano, Corina Denning,
26 Merced County, Tom Cavallero, and Jason Goins, filed statements signifying they do not oppose
27 entry of the stipulation. (ECF Nos. 139, 140.) Accordingly, as all parties agree to entry of the
28 stipulation, the Court enters the below stipulation.

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STIPULATION

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Plaintiff and Defendants California Department of State Hospitals, Napa State Hospital,

3 and the individual State of California Defendants (collectively the “State Defendants”), hereby
4 stipulate to the following:
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1.

This case involves the suicide of Richard Ramirez in Merced County jail, while

7 he waited to be transferred to Napa State Hospital (“NSH”) after he was found incompetent to
8 stand trial (“IST”) pursuant to California Penal Code § 1370. Plaintiff alleges that the State
9 Defendants are deliberately indifferent to the rights and safety of IST inmates by failing or
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refusing to admit them when they are ordered committed to a State Hospital; requiring inmates to
wait on waiting lists for weeks and months after courts order them to be committed to the State

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Hospital; refusing to triage the IST inmates or review their psychiatric acuity before placing
them on the waiting list; and refusing to inform Courts, District Attorneys, Defense counsel, and

15 the inmates’ next of kin of the delay in admitting the inmates. The State Defendants deny all of
16 Plaintiff’s allegations.
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2.

The State Defendants have produced voluminous relevant waiting lists in which

they have kept track of IST inmates and their waits for admission to a State Hospital.

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3.

Exhibit A attached hereto is a sample page from the Direct Admission Waiting

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List produced by Defendant Dana White, RN, at her deposition. The list is 638 pages long and

22 bears the names of IST inmates other than Richard Ramirez, which Plaintiff’s counsel has
23 redacted for purposes of this stipulation. The parties initially designated the list confidential
24 during the deposition of Ms. White, to preserve the confidentiality of the IST Defendants
25 awaiting transfer to NSH.
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4.

Pursuant to California Welfare and Institutions Code § 5328, subdivision (a)(6),

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the parties hereby agree that the Direct Admission Waiting List that was produced by Ms. White
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1 at her deposition, and any subsequently produced versions of the same list, shall be produced in
2 this matter in the administration of justice, and the confidentiality designation over this document
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is removed.

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5.

Exhibit B contains examples of other waiting lists or analyses of waiting lists

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produced by the State Defendants and designated as confidential in this matter. The parties agree

7 to remove the confidentiality designations from the documents that do not mention any
8 individual patients by name, including the IST Pending Admission Analyses (Exhibit B, p. 1)
9 and the Weekly Pending Placement Reports (Exhibit B, p. 7). The remaining waiting lists shall
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be produced in the administration of justice pursuant to California Welfare and Institutions Code
§ 5328, subdivision (a)(6), and the confidentiality designations are removed from them.

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Plaintiff’s counsel has redacted the names of the IST inmates from the waiting lists in Exhibit B
that contain names of individuals.

15 IT IS SO STIPULATED
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17 Dated: May 14, 2019
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HADDAD & SHERWIN LLP
LAW OFFICE OF SANJAY S. SCHMIDT
/s/ Julia Sherwin
JULIA SHERWIN
Attorneys for Plaintiff
LUCY ATAYDE

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23 Dated: May 21, 2019
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XAVIER BECERRA
Attorney General of California
PETER A. MESHOT
Supervising Deputy Attorney General
AMIE MCTAVISH
Deputy Attorney General

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/s/ Amie McTavish*

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AMIE MCTAVISH

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Attorneys for Defendants
NAPA STATE HOSPITAL, CALIFORNIA
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DEPARTMENT OF STATE HOSPITALS, CDSH
DIRECTOR DOLLY MATTEUCCI, AND DANA
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WHITE, R.N.
*Ms. McTavish gives permission to file this document with her electronic signature.
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ORDER

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Pursuant to the agreement of all the parties in this action, IT IS HEREBY ORDERED

8 that the above stipulation is entered.
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IT IS SO ORDERED.

11 Dated:

May 23, 2019
UNITED STATES MAGISTRATE JUDGE

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