Hedrick et al v. Grant

Filing 279

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/10/2023 GRANTING in part 278 Request that class member Mary Abbott be permitted to appear at the 5/17/2023 hearing regarding final approval of the SACD, and DENYING without prejudice 278 Request that Mary Abbott be permitted to voice her objections orally at the hearing. (Huang, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DERRIL HEDRICK, et al.,

12

Plaintiffs,

13
14

No. 2:76-cv-00162-EFB (PC)

v.

ORDER

JAMES GRANT, et al.,

15

Defendants.

16
The parties have filed a joint motion for approval of the Second Amended Consent Decree

17
18

(“SACD”). ECF No. 277. By order dated March 9, 2023, the court directed defendants to

19

publish notice of the SACD to class members by publishing the notice on the county’s website,

20

placing it in all Jail facilities (including particular locations), making copies of the SACD

21

available in the Jail law library, and making it available to class members upon request. ECF No.

22

274. Defendants submitted an affidavit attesting to their compliance with that order. ECF No.

23

276.

24

On May 5, 2023, plaintiffs’ counsel filed a request to allow a class member, Mary Abbot,

25

to appear remotely at the hearing scheduled for May 17, 2023 on final approval of the SACD.

26

ECF No. 278. Appended to the request are Ms. Abbott’s objections to the SACD, which she

27

attempted to file but which were returned to her by the Clerk. Id. at 7-8. She asks that the court

28

extend the time for class members to comment on the SACD because: (1) the Jail did not make
1

1

the SACD available in the law library for inmate review, (2) some of the notices that were posted

2

in the Jail pertained to the amended consent decree (“ACD”), not the SACD, and noted a

3

comment due date of December 30, 2018, and (3) the notice is misleading because it gives short

4

shrift to the changes from the ACD to the SACD, notably the omission of many of the ACD’s

5

provisions, including requirements that the Jail take steps to enhance inmate recreation

6

opportunities, increase medical staff, and accommodate disabled inmates. She asks that the

7

comment period be extended so that these issues can be remedied, and also asks the Jail to make

8

the ACD available in the law library along with the SACD so class members can compare the two

9

documents. Ms. Abbott also objects to the SACD substantively, arguing that it should keep all

10

the provisions of the ACD that have been omitted through agreement by the parties’ lawyers.

11

According to plaintiffs’ counsel, defendants do not agree that Abbott should be allowed to

12

appear at the hearing, but they have no objection to the court considering her letter. The court

13

will consider Ms. Abbott’s objections as stated in her letter. However, it does not appear to the

14

court that oral testimony or argument from Ms. Abbott would materially assist the court in

15

resolving the objection. If, at the time of the hearing, the court has any questions for Ms. Abbott

16

they will be addressed then. Accordingly, plaintiffs’ request that Abbott be permitted to attend

17

the hearing is granted. She may do so by telephone using the teleconference line provided below,

18

or plaintiffs’ counsel may make other arrangements with the Jail to secure her attendance.

19

Accordingly, it is hereby ORDERED that:

20

1.

Plaintiffs’ request that class member Mary Abbott be permitted to appear at the

21

hearing scheduled for May 17, 2023 regarding final approval of the SACD (ECF No.

22

278) is GRANTED in part such that Ms. Abbott may attend the hearing. Ms. Abbot

23

may listen in on the hearing using the teleconference line [phone], access code

24

1273468#, or plaintiffs’ counsel can seek different arrangements with the Jail to secure

25

her attendance.

26

/////

27

/////

28

/////
2

1
2

2. Plaintiffs’ request that Mary Abbott be permitted to voice her objections orally at the
hearing (ECF No. 278) is DENIED without prejudice.

3
4

Dated: May 10, 2023.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3