Hedrick et al v. Grant

Filing 267

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 9/26/2022 EXTENDING the current Amended Consent Decree, approved by this Court on 1/30/2019 and which is set to expire on 1/31/2023, until 5/31/2023, or until approval by the Cour t of the stipulated Second Amended Consent Decree, whichever occurs first. All discovery shall be STAYED until 1/1/2023. If there is no agreement on a Second Amended Consent Decree by 1/1/2023, Class Counsel may pursue discovery without the need to re-serve their PMK deposition notices. (Huang, H)

Case 2:76-cv-00162-EFB Document 267 Filed 09/26/22 Page 1 of 4

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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6 DERRIL HEDRICK, DALE ROBINSON,
KATHY LINDSEY, MARTIN C. CANADA,
7 DARRY TYRONE PARKER, individually and
on behalf of all others similarly situated,
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Plaintiffs,
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v.
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JAMES GRANT, as Sheriff of Yuba County;
11 Lieutenant FRED J. ASBY, as Yuba County
Jailer; JAMES PHARRIS, ROY LANDERMAN,
12 DOUG WALTZ, HAROLD J. “SAM”
SPERBEK, JAMES MARTIN, as members of
13 the YUBA COUNTY BOARD OF
SUPERVISORS,
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Defendants.
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Case No. 2:76-CV-00162-EFB
STIPULATION AND [PROPOSED]
ORDER RE: EXTENSION OF
AMENDED CONSENT DECREE
Judge: Edmund F. Brennan
Trial Date:

None Set

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STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF AMENDED CONSENT DECREE

Case 2:76-cv-00162-EFB Document 267 Filed 09/26/22 Page 2 of 4

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On January 30, 2019, United States Magistrate Judge Edmund F. Brennan granted

2 final approval to an Amended Consent Decree (“ACD”) covering certain operations of the
3 Yuba County Jail (the “Jail”). Since then, Rosen, Bien, Galvan & Grunfeld and the U.C.
4 Davis School of Law King Hall Civil Rights Clinic (“Class Counsel”) have been monitoring
5 compliance with the ACD, which includes review of documents and information the County
6 of Yuba provides pursuant to the terms of the ACD. The ACD is set to expire January 31,
7 2023. In anticipation of that, Class Counsel has served discovery requests.

Defendants

8 James Grant, et al. (the “County of Yuba”) have stated that they will object to these discovery
9 requests.
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The County of Yuba and Class Counsel are actively discussing the possibility of

11 dismissing some provisions of the ACD and extending others related to addressing mental
12 health care and related issues at the Jail. In order to give the parties time to negotiate possible
13 changes to the ACD, and avoid potential discovery disputes, the parties enter into the
14 following stipulation:
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NOW THEREFORE, IT IS HERBY STIPULATED AND AGREED by and between

16 the parties to this action, through their undersigned counsel, as follows:
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1.

The current Amended Consent Decree approved by this Court on January 30,

18 2019 and which is set to expire on January 31, 2023 shall be extended until May 31, 2023,
19 or until approval by the Court of the stipulated Second Amended Consent Decree, whichever
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2.

Up to January 1, 2023, the parties will negotiate and discuss a stipulation to

22 enter into a Second Amended Consent Decree focused on mental health care at the Jail.
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3.

All discovery shall be stayed until January 1, 2023. If there is no agreement

24 on a Second Amended Consent Decree by January 1, 2023, Class Counsel may pursue
25 discovery without the need to re-serve their PMK deposition notices. The County of Yuba
26 preserves all rights to object to that discovery.
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IT IS SO STIPULATED.

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STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF AMENDED CONSENT DECREE

Case 2:76-cv-00162-EFB Document 267 Filed 09/26/22 Page 3 of 4

1 DATED: September 23, 2022

ROSEN BIEN GALVAN & GRUNFELD LLP

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By: /s/Gay Grunfeld (Authorized on 9/21/22)
Gay Crosthwait Grunfeld

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Attorneys for Plaintiffs

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6 DATED: September 23, 2022

PORTER SCOTT, P.C.

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By: /s/Carl L. Fessenden
Carl Fessenden

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Attorneys for Defendants

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STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF AMENDED CONSENT DECREE

Case 2:76-cv-00162-EFB Document 267 Filed 09/26/22 Page 4 of 4

[PROPOSED] ORDER

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Pursuant to the foregoing stipulation of the parties, IT IS SO ORDERED:
1.

The current Amended Consent Decree approved by this Court on January 30,

4 2019 and which is set to expire on January 31, 2023 shall be extended until May 31, 2023, or
5 until approval by the Court of the stipulated Second Amended Consent Decree, whichever
6 occurs first.
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2.

All discovery shall be stayed until January 1, 2023. If there is no agreement on

8 a Second Amended Consent Decree by January 1, 2023, Class Counsel may pursue discovery
9 without the need to re-serve their PMK deposition notices. The County of Yuba preserves
10 all rights to object to that discovery.
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14 DATED: ____________,
September 26 2022
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Honorable Edmund F. Brennan
United States District Judge

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STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF AMENDED CONSENT DECREE