Coleman, et al v. Schwarzenegger, et al

Filing 5022

ORDER signed by Judge Lawrence K. Karlton on 1/23/2014 ORDERING that the submission of plaintiffs' 5/29/2013 motion (ECF No. 4638 ) is hereby VACATED pending resolution of whether, and if so how if at all, issues presented by the death of this class member bear on the use of force questions presented by plaintiffs' 5/29/2013 motion. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RALPH COLEMAN, et al., 12 Plaintiffs, 13 14 No. CIV. S-90-520 LKK/DAD (PC) v. ORDER EDMUND G. BROWN, JR., et al., 15 Defendants. 16 On May 29, 2013, plaintiffs filed a motion for enforcement 17 18 of court orders and affirmative relief related to use of force 19 and disciplinary measures against members of the plaintiff class. 20 (ECF No. 4638) 21 conducted over a period which commenced on October 1, 2013 and 22 continued over fourteen court days, concluding on November 6, 23 2013.1 24 matter was submitted for decision. Evidentiary hearing on plaintiffs’ motion was Following filing of closing briefs by the parties, the On January 17, 2014, plaintiffs filed a request for a status 25 26 conference to address issues arising from the death of a member 27 1 28 Approximately five of those days were spent on testimony related to plaintiffs’ motion concerning access to inpatient hospital care for inmates on death row (ECF No. 4543). That motion has been resolved by separate order. 1 1 of the plaintiff class on September 7, 2013 (ECF No. 4982). 2 Plaintiffs’ request for status conference was granted by order 3 filed January 22, 2014 (ECF No. 4992) and the matter is set for 4 status conference on January 30, 2014. 5 In view of plaintiffs’ request and matters raised therein, 6 and good cause appearing, the submission of plaintiffs’ May 29, 7 2013 motion (ECF No. 4638) is hereby VACATED pending resolution 8 of whether, and if so how if at all, issues presented by the 9 death of this class member bear on the use of force questions 10 presented by plaintiffs’ May 29, 2013 motion. 11 IT IS SO ORDERED. 12 DATED: January 23, 2014. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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