Coleman, et al v. Schwarzenegger, et al

Filing 5139

ORDER signed by Judge Lawrence K. Karlton on 4/18/14: Defendants' March 24, 2014 request to modify their longrange bed plan to extend the time for admissions to and full occupancy of the DeWitt Nelson facility is granted. Plaintiffs' request for a court-ordered deadline for a meet and confer between the parties is denied. (Kaminski, H)

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
By order filed March 18, 2014 (ECF No. 5116)1 defendants

17
18

were, inter alia, granted an extension of time to fully activate

19

all mental health units at the Correctional Health Care Facility

20

(CHCF) and were directed to provide monthly updates to this court

21

and to the Special Master until this task is accomplished.

22

filed March 18, 2014 (ECF No. 5116) at 12.

23

defendants were directed to, on or before March 24, 2014, file

24

with the court and serve on the Special Master and plaintiffs a

25

written report to this court on the status of resolution of the

26

deficiencies at CHCF identified by the Plata Receiver.

In addition,

27
28

1

The March 18, 2014 order followed a March 10, 2014 status conference.

1

Order

1

On March 24, 2014, defendants filed the first status report

2

required by the March 18, 2014 order.

3

request an extension of the deadline set for full activation of

4

the Enhanced Outpatient (EOP) beds at the DeWitt Nelson facility,

5

currently set for May 31, 2014.

6

admissions to the facility have been “slowed” as part of an

7

ongoing process with the Plata Receiver “to ensure that the

8

infrastructural and supply chain issues at CHCF have been

9

resolved and are not repeated at DeWitt Nelson.”

Therein, defendants

Defendants represent that

Defs. Status

10

Report and Req. to Modify Bed Plan, filed March 24, 2014 (ECF No.

11

5123) at 3.

12

capacity to ensure that EOP inmate-patients who were scheduled to

13

be transferred to DeWitt Nelson will continue to receive

14

appropriate care until DeWitt Nelson is fully activated” and that

15

they will provide a further update in their next monthly status

16

report.

17

Defendants represent that “they have sufficient

Id. at 3-4.

On April 4, 2014, plaintiffs filed a response to defendants’

18

request for extension of time (ECF No. 5127).

19

opposition to the requested extension.

20

that the court set a deadline for the parties to meet and confer

21

“regarding Defendants’ progress is remedying the systemic harms

22

caused by the delay, and to develop a new activation schedule.”

23

Pls. Amended and Superseding Resp. to Defs. Req. to Modify Bed

24

Plan, filed April 4, 2014 (ECF No. 5127) at 2.

25

represent that on April 3, 2014, defendants provided the Special

26

Master and plaintiffs’ counsel with an updated activation

27

schedule that shows patient intake is scheduled to begin on June

28

27, 2014 and full occupation of the mental health unit will be
2

Plaintiffs have no

However, they request

Plaintiffs

1

completed by December 30, 2014.

2

Krista Stone-Manista, filed April 4, 2014 (ECF No. 5127-1) at 18.

3

Plaintiffs assert that there are presently an insufficient number

4

of mental health beds, delays in transfer to those beds, and that

5

there are currently more EOP inmates than available beds.

6

Pls. Resp. (ECF No. 5127 at 3.)

7

about staffing shortages.

8
9

See Ex. C to Declaration of

See

Plaintiffs also raise concerns

Id. at 4.

Good cause appearing, defendants’ request for extension of
time will be granted, subject to the conditions set forth in this

10

order.

11

between the parties will be denied.

12

subject to court orders to address the issues raised by

13

plaintiffs in their request.

14

similar contexts, the court leaves it to the Special Master to

15

ensure that plaintiffs are provided with notice and an

16

opportunity for input as appropriate.

17

March 18, 2014 (ECF No. 5116) at 10-11.

Plaintiffs’ request for a court-ordered meet and confer
Defendants are presently

Moreover, as it has in the past in

See, e.g., Order filed

18

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

19

1.

Defendants’ March 24, 2014 request to modify their long-

20

range bed plan to extend the time for admissions to and full

21

occupancy of the DeWitt Nelson facility is granted.

22

shall forthwith file a new activation schedule for the DeWitt

23

Nelson facility.

24

court’s January 4, 2010 order (ECF No. 3761) shall apply in full

25

force to this project, including but not limited to monthly

26

reports as to whether the project has been or can be accelerated.

27

No interim completion dates set in the new activation schedule

28

shall be extended without leave of court.

Defendants

The notice and reporting provisions of this

3

1
2
3

2.

Plaintiffs’ request for a court-ordered deadline for a

meet and confer between the parties is denied.
DATED:

April 18, 2014.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4