Pedersen, et al v. Plumas, et al

Filing 48

JOINT STIPULATION to AMENDMENT of CONSENT DECREE signed by Magistrate Judge Kendall J. Newman on 4/1/13. (Dillon, M)

1 R. Craig Settlemire (State Bar # 96173)
Stephen L. Mansell (State Bar # 227584)
2 Office of the County Counsel
County of Plumas
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520 Main Street, Room 301
4 Quincy, CA 95971
Tel. [phone]
5 Fax [phone]
6 Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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13 PEDERSON, et al.,

Case No. CIV S-89-1659 JFM P

Plaintiffs,

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JOINT STIPULATION TO AMENDMENT
OF CONSENT DECREE

vs.

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16 COUNTY OF PLUMAS, et al.,
Defendants.

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Pursuant to Paragraph XII.A of the Consent Decree that was entered in this action on April 20,

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20 1992, the Plaintiffs and Defendants hereby file a Joint Stipulation to Amendment of Consent Decree and
21 request that the Court approve such amendment by endorsing this stipulation below pursuant to Local
22 Rule 143(b)1. The parties do hereby stipulate that the Consent Decree is amended as follows:
1.

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Paragraph IV.A.1 is hereby amended in its entirety to read as follows: “Maintain an

24 inmate population no greater than (i) the rated capacity of the jail as rated by the Corrections Standards
25 Authority or (ii) the number of permanent individual beds available for inmates, whichever is less.
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Paul T. Persons, one of the original attorneys representing the Plaintiffs, is deceased. Richard P. Herman is no longer

28 involved with the above-referenced case.
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1

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JOINT STIPULATION TO AMENDMENT OF CONSENT DECREE - CASE NO. CIV S-89-1659
JFM P

1 However, the Plumas County Jail shall not house an inmate population greater than that which may be
2 safely managed by the level of staffing maintained at the Jail, pursuant to standards and guidelines issued
3 by the Corrections Standards Authority.”
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2.

Paragraph IV.A.11 is hereby amended in its entirety to read as follows: “The Plumas

5 County Jail shall at all times be staffed by an appropriate number of correctional officers given the
6 inmate population, pursuant to the recommendations of the Corrections Standards Authority. Plumas
7 County agrees to implement any directions given by the Corrections Standards Authority with respect to
8 staffing at the Plumas County Jail. Each shift shall have a woman correctional officer and a designated
9 person with the authority to carry out the policies and procedure contained herein.”
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3.

Except as expressly set forth in this Joint Stipulation, all provisions of the Consent Decree

11 shall remain unchanged and in full force and effect.
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Paragraph XII.A of the Consent Decree states that the Consent Decree may be modified or

13 amended only by this Court on duly noticed motion or by written stipulation of counsel. For the above
14 reasons, the parties hereby submit for Court approval this Joint Stipulation to Amendment of Consent
15 Decree.
16 IT IS SO STIPULATED.
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Dated:

HADSELL, STORMER, KEENY, RICHARDSON
& RENICK LLP

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Dan Stormer
Attorney for Plaintiffs

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23 Dated:

PAUL W. COMISKEY

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Paul W. Comiskey
Attorney for Plaintiffs

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JOINT STIPULATION TO AMENDMENT OF CONSENT DECREE - CASE NO. CIV S-89-1659
JFM P

1 Dated:

LAW OFFICES OF MICHAEL B. JACKSON

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Michael B. Jackson
Attorney for Plaintiffs

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Dated:

OFFICE OF THE COUNTY COUNSEL, COUNTY
OF PLUMAS

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R. Craig Settlemire
Attorney for Defendants

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11 IT IS SO ORDERED.
12 Date: 4/1/2013

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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JOINT STIPULATION TO AMENDMENT OF CONSENT DECREE - CASE NO. CIV S-89-1659
JFM P