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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RALPH COLEMAN, et al.,
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Plaintiffs,
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No. CIV. S-90-520 LKK/DAD (PC)
v.
ORDER
EDMUND G. BROWN, JR., et al.,
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Defendants.
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By order filed March 18, 2014 (ECF No. 5116)1 defendants
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were, inter alia, granted an extension of time to fully activate
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all mental health units at the Correctional Health Care Facility
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(CHCF) and were directed to provide monthly updates to this court
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and to the Special Master until this task is accomplished.
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filed March 18, 2014 (ECF No. 5116) at 12.
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defendants were directed to, on or before March 24, 2014, file
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with the court and serve on the Special Master and plaintiffs a
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written report to this court on the status of resolution of the
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deficiencies at CHCF identified by the Plata Receiver.
In addition,
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The March 18, 2014 order followed a March 10, 2014 status conference.
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Order
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On March 24, 2014, defendants filed the first status report
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required by the March 18, 2014 order.
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request an extension of the deadline set for full activation of
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the Enhanced Outpatient (EOP) beds at the DeWitt Nelson facility,
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currently set for May 31, 2014.
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admissions to the facility have been “slowed” as part of an
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ongoing process with the Plata Receiver “to ensure that the
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infrastructural and supply chain issues at CHCF have been
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resolved and are not repeated at DeWitt Nelson.”
Therein, defendants
Defendants represent that
Defs. Status
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Report and Req. to Modify Bed Plan, filed March 24, 2014 (ECF No.
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5123) at 3.
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capacity to ensure that EOP inmate-patients who were scheduled to
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be transferred to DeWitt Nelson will continue to receive
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appropriate care until DeWitt Nelson is fully activated” and that
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they will provide a further update in their next monthly status
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report.
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Defendants represent that “they have sufficient
Id. at 3-4.
On April 4, 2014, plaintiffs filed a response to defendants’
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request for extension of time (ECF No. 5127).
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opposition to the requested extension.
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that the court set a deadline for the parties to meet and confer
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“regarding Defendants’ progress is remedying the systemic harms
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caused by the delay, and to develop a new activation schedule.”
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Pls. Amended and Superseding Resp. to Defs. Req. to Modify Bed
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Plan, filed April 4, 2014 (ECF No. 5127) at 2.
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represent that on April 3, 2014, defendants provided the Special
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Master and plaintiffs’ counsel with an updated activation
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schedule that shows patient intake is scheduled to begin on June
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27, 2014 and full occupation of the mental health unit will be
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Plaintiffs have no
However, they request
Plaintiffs
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completed by December 30, 2014.
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Krista Stone-Manista, filed April 4, 2014 (ECF No. 5127-1) at 18.
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Plaintiffs assert that there are presently an insufficient number
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of mental health beds, delays in transfer to those beds, and that
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there are currently more EOP inmates than available beds.
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Pls. Resp. (ECF No. 5127 at 3.)
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about staffing shortages.
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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
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order.
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between the parties will be denied.
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subject to court orders to address the issues raised by
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plaintiffs in their request.
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similar contexts, the court leaves it to the Special Master to
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ensure that plaintiffs are provided with notice and an
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opportunity for input as appropriate.
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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
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In accordance with the above, IT IS HEREBY ORDERED that:
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1.
Defendants’ March 24, 2014 request to modify their long-
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range bed plan to extend the time for admissions to and full
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occupancy of the DeWitt Nelson facility is granted.
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shall forthwith file a new activation schedule for the DeWitt
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Nelson facility.
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court’s January 4, 2010 order (ECF No. 3761) shall apply in full
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force to this project, including but not limited to monthly
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reports as to whether the project has been or can be accelerated.
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No interim completion dates set in the new activation schedule
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shall be extended without leave of court.
Defendants
The notice and reporting provisions of this
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2.
Plaintiffs’ request for a court-ordered deadline for a
meet and confer between the parties is denied.
DATED:
April 18, 2014.
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