Coleman, et al v. Schwarzenegger, et al

Filing 5180

THREE-JUDGE COURT ORDER signed by Judge Lawrence K. Karlton, Stephen Reinhardt, and Thelton E. Henderson on 7/3/2014 GRANTING 5175 Request to extend the 143% Benchmark deadline to 8/31/2014. (Donati, J)

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IN THE UNITED STATES DISTRICT COURTS

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AND THE NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES

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PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE

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RALPH COLEMAN, et al.,

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Plaintiffs,
NO. 2:90-cv-0520 LKK DAD (PC)

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v.

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EDMUND G. BROWN JR., et al.,

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Defendants.

THREE-JUDGE COURT

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MARCIANO PLATA, et al.,
Plaintiffs,

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NO. C01-1351 TEH
THREE-JUDGE COURT

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v.

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EDMUND G. BROWN JR., et al.,

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Defendants.

ORDER EXTENDING
DEADLINE TO ACHIEVE 143%
BENCHMARK

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In our order denying plaintiffs’ motion regarding how to count design capacity at the

20 California Health Care Facility (“CHCF”) in Stockton, we ordered that defendants could not
21 count CHCF’s full design capacity while medical admissions to CHCF remained closed by
22 the Plata Receiver. June 23, 2014 Order at 9 (ECF No. 2796/5174).1 We recognized that
23 our order was filed one week prior to the 143% benchmark deadline and provided that,
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because defendants may have reasonably relied on our prior
orders indicating that CHCF design capacity could be included,

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All filings in this Court are included in the individual docket sheets of both Plata v.
Brown, No. C01-1351 TEH (N.D. Cal.), and Coleman v. Brown, No. 90-cv-520-LKK (E.D.
27 Cal.). Our citations include the docket number in Plata first, then Coleman. When we cite to
filings in the individual cases, we include the docket number and specify whether the filing is
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and because we have only now, for the first time, ordered that it
may not be counted in full, we will, if requested, grant defendants
an extension of no more than two months to achieve the 143%
benchmark if they are unable to do so, despite their best efforts,
by June 30, 2014.

4 Id. at 9-10 (ECF No. 2796/5174). We now GRANT defendants’ request (ECF No.
5 2797/5175) to extend the 143% benchmark deadline to August 31, 2014.
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We also make clear three additional points. First, although defendants anticipate that

7 the Plata Receiver will re-open medical admissions at CHCF prior to the new August 31,
8 2014 deadline, the Court’s extension is independent of the Receiver’s decision. Thus, even if
9 medical admissions are not re-opened by that date, defendants must achieve the 143%
10 benchmark without further extension.
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Second, this extension does not extend the deadlines to achieve the other benchmarks

12 as set forth in our February 10, 2014 order.
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Third, the Court understands that, once the Receiver re-opens medical admissions, he

14 intends to move inmates into CHCF on a rolling basis. The Court expects these admissions
15 to be done expeditiously, such that there will not be a long delay between the re-opening of
16 admissions and the filling of beds at CHCF. Accordingly, defendants may count CHCF’s
17 full design capacity – 2,951 inmates – as soon as medical admissions are re-opened.
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1 The Court may re-visit this conclusion if plaintiffs present evidence that inmates are not
2 being transferred to CHCF expeditiously, or if the Receiver declares that a portion of the
3 facility cannot be filled (for example, due to staff shortages) or subsequently re-closes
4 medical admissions.
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6 IT IS SO ORDERED.
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8 Dated: 07/03/14
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STEPHEN REINHARDT
UNITED STATES CIRCUIT JUDGE
NINTH CIRCUIT COURT OF APPEALS

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12 Dated: 07/03/14
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LAWRENCE K. KARLTON
SENIOR UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF CALIFORNIA

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16 Dated: 07/03/14
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THELTON E. HENDERSON
SENIOR UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF CALIFORNIA

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