Coleman, et al v. Schwarzenegger, et al

Filing 4632

ORDER signed by Judge Lawrence K. Karlton on 5/24/2013 DENYING 4630 Motion for Extension of time without prejudice. On or before 5/30/2013, the parties shall meet and confer in good faith and they shall on or before 5/31/2013 at 4:30p file with the court a proposed schedule for completion of discovery. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RALPH COLEMAN, et al.,
Plaintiffs,

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No. 2:90-cv-0520 LKK JFM P

vs.
EDMUND G. BROWN, JR., et al.,
Defendants.

ORDER
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Pursuant to court order, this matter came on for status conference on May 23,

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2013 to address issues related to evidentiary hearings required by issues raised in plaintiffs’

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motions to enforce orders entered in this action and for affirmative relief. Michael Bien, Esq.,

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appeared as counsel for plaintiffs. Debbie Vorous, Deputy Attorney General, appeared as

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counsel for defendants.

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Plaintiffs have two pending motions and intend to file a third within the next

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week. Plaintiffs’ first motion, filed April 11, 2013 (ECF No. 4543) concerns access to

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intermediate inpatient hospital care for condemned inmates at San Quentin State Prison as well

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as issues related to inpatient care at the Department of State Hospital (DSH) programs for CDCR

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inmates. At the status conference, the court set June 19, 2013 as the date for an evidentiary

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hearing on the DSH issues raised by plaintiffs’ April 11, 2013 motion. Said hearing will be held
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at 9:30 a.m. in Courtroom # 4 before the undersigned. Hearing on that aspect of plaintiffs’

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motion that concerns access to intermediate inpatient hospital care for condemned inmates will

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be consolidated with the evidentiary hearing to be set on plaintiffs’ other two motions.

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Plaintiffs’ second motion, filed May 6, 2013 (ECF No. 4580), concerns issues

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related to placement and treatment of mentally ill inmates in administrative segregation units.

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Plaintiffs represent that their third motion will raise issues concerning use of force and

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disciplinary proceedings against mentally ill inmates. At the status conference, the court

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directed the parties to brief both motions pursuant to Local Rule 230. While acknowledging the

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court’s order, defendants orally reserved their right to seek an extension of time to file an

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opposition to plaintiffs’ May 6, 2013 motion, and shortly after the hearing they filed a motion for

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a forty-five day extension of time to respond to said motion.
The court is not inclined to introduce into these proceedings the delay that would

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be caused by granting defendants the full extension that they seek. In particular, it appears to the

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court that the parties are very familiar with the issues raised by plaintiffs’ motions. At the same

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time, however, it also appears that at least some discovery, primarily in the form of one or more

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expert depositions, should be authorized in connection with plaintiffs’ motions and that the

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parties are in a better position than the court to propose, as an initial matter, the time required for

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such discovery. For that reason, the court will direct the parties forthwith to meet and confer in

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good faith and to file within seven days a proposed schedule for completion of discovery and

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briefing plaintiffs’ motions. In proposing a schedule, the parties are informed that the court

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intends to hold one consolidated hearing on all issues except the issues to be heard on June 19,

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2013, and that the court intends to proceed expeditiously to hearing those remaining issues.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Defendants’ May 23, 2013 motion for extension of time (ECF No. 4630) is

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denied without prejudice; and

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2. On or before May 30, 2013, the parties shall meet and confer in good faith and

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they shall on or before May 31, 2013 at 4:30 p.m. file with the court a proposed schedule for

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completion of discovery and briefing plaintiffs’ motions concerning administrative segregation

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and use of force/disciplinary proceedings.

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DATED: May 24, 2013.

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