Hedrick et al v. Grant

Filing 270

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/27/2023 ORDERING that all discovery shall continue to be stayed until the Court grants or denies final approval of the SACD. If the Court denies final approval of the SACD, Plai ntiffs may pursue discovery without the need to re-serve their PMK deposition notices. If the Court does not grant or deny final approval of the SACD prior to 5/31/2023, the ACD shall remain in effect until the Court grants or denies final approval t o the SACD. If the Court denies final approval of the SACD, the ACD shall remain in effect until 5/31/2023 or for an additional 120 days from the date the Court denies approval, whichever date is later. Any motion to enforce or to extend the ACD shall be filed prior to 5/31/2023 or the additional 120 days from the time the Court denies approval of the SACD, whichever is later. (Huang, H)

Case 2:76-cv-00162-EFB Document 270 Filed 02/27/23 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: FURTHER
EXTENSION OF AMENDED
CONSENT DECREE
Judge: Edmund F. Brennan
Trial Date:

None Set

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[4235771.1]

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

Case 2:76-cv-00162-EFB Document 270 Filed 02/27/23 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
5 monitoring compliance with the ACD on behalf of the Plaintiff class, which includes
6 review of documents and information the County of Yuba provides pursuant to the terms
7 of the ACD. The ACD was set to expire January 31, 2023. In anticipation of that, Class
8 Counsel served discovery requests. Defendants James Grant, et al. (the “County of Yuba”)
9 stated that they would object to these discovery requests.
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Thereafter, the County of Yuba and Class Counsel agreed that the current ACD

11 should be extended until May 31, 2023, or until approval by the Court of a stipulated
12 Second Amended Consent Decree (“SACD”), whichever occurs first. The Court approved
13 the stipulation by order dated September 26, 2022.
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Since that time, the parties have negotiated in good faith to extend the portions of

15 the ACD that address mental health care and related issues at the Jail. The parties reached
16 agreement on a SACD and filed a joint motion for preliminary approval of the SACD
17 contemporaneous with the filing of this Stipulation.
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In order to give the parties time to pursue preliminary and final approval and allow

19 time for class member review and potential objections, the parties enter into the following
20 stipulation:
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NOW THEREFORE, IT IS HERBY STIPULATED AND AGREED by and

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

If the Court does not grant or deny final approval to the SACD prior to

24 May 31, 2023, the ACD shall remain in effect until the Court grants or denies final
25 approval to the SACD.
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2.

If the Court denies final approval of the SACD, the ACD shall remain in

27 effect until May 31, 2023 or for an additional one-hundred-and-twenty (120) days from the
28 date the Court denies approval, whichever date is later. Any motion to enforce or to
[4235771.1]

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

Case 2:76-cv-00162-EFB Document 270 Filed 02/27/23 Page 3 of 4

1 extend the ACD shall be filed prior to May 31, 2023 or the additional one-hundred-and2 twenty (120) days from the time the Court denies approval of the SACD, whichever is
3 later.
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3.

All discovery shall continue to be stayed until the Court grants or denies final

5 approval of the SACD. If the Court denies final approval of the SACD, Plaintiffs may
6 pursue discovery without the need to re-serve their PMK deposition notices. The County
7 of Yuba preserves all rights to object to that discovery.
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IT IS SO STIPULATED.

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10 DATED: February 22, 2023

ROSEN BIEN GALVAN & GRUNFELD LLP

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By: /s/ Gay Crosthwait Grunfeld
Gay Crosthwait Grunfeld

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Attorneys for Plaintiffs

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15 DATED: February 22, 2023

PORTER SCOTT, P.C.

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By: /s/ Carl L. Fessenden (Authorized on 2/22/23)
Carl Fessenden

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Attorneys for Defendants

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[4235771.1]

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

Case 2:76-cv-00162-EFB Document 270 Filed 02/27/23 Page 4 of 4

[PROPOSED] ORDER

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

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1.

All discovery shall continue to be stayed until the Court grants or denies

4 final approval of the SACD. If the Court denies final approval of the SACD, Plaintiffs
5 may pursue discovery without the need to re-serve their PMK deposition notices. The
6 County of Yuba preserves all rights to object to that discovery.
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2.

If the Court does not grant or deny final approval of the SACD prior to

8 May 31, 2023, the ACD shall remain in effect until the Court grants or denies final
9 approval to the SACD.
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3.

If the Court denies final approval of the SACD, the ACD shall remain in

11 effect until May 31, 2023 or for an additional one-hundred-and-twenty (120) days from the
12 date the Court denies approval, whichever date is later. Any motion to enforce or to
13 extend the ACD shall be filed prior to May 31, 2023 or the additional one-hundred-and14 twenty (120) days from the time the Court denies approval of the SACD, whichever is
15 later.
16 Dated: February 27, 2023.
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[4235771.1]

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