Coleman, et al v. Schwarzenegger, et al

Filing 5254

THREE-JUDGE COURT STIPULATION and ORDER signed by Circuit Judge Stephen Reinhardt, Senior Judge Thelton E. Henderson and District Judge Kimberly J. Mueller on 12/19/2014 in Response to the 5237 Order granting-in-part the 5220 Motion for Further Enforcement Order. (Donati, J)

1
2
3
4
5
6
7
8

KAMALA D. HARRIS
Attorney General of California
JONATHAN L. WOLFF
Senior Assistant Attorney General
JAY C. RUSSELL
PATRICK R. MCKINNEY
Supervising Deputy Attorneys General
MANEESH SHARMA, State Bar No. 280084
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

Hanson Bridgett LLP
JERROLD C. SCHAEFER, State Bar No. 39374
PAUL B. MELLO, State Bar No. 179755
WALTER R. SCHNEIDER, State Bar No. 173113
SAMANTHA D. WOLFF, State Bar No. 240280
MEGAN OLIVER THOMPSON, SBN 256654
425 Market Street, 26th Floor
San Francisco, California 94105
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

9
IN THE UNITED STATES DISTRICT COURTS
10
FOR THE EASTERN DISTRICT OF CALIFORNIA
11
AND THE NORTHERN DISTRICT OF CALIFORNIA

12
13
14
15

UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES
PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE
RALPH COLEMAN, et al.,

2:90-cv-00520 KJM DAD PC

16
17

Plaintiffs, THREE-JUDGE COURT
v.

18
19

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

20
21

MARCIANO PLATA, et al.,

C01-1351 TEH

22
23

Plaintiffs, THREE-JUDGE COURT
v.
STIPULATION AND [PROPOSED]
ORDER IN RESPONSE TO
NOVEMBER 14, 2014 ORDER

24
25
26

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

27
28
Stip. And [Proposed] Order in Resp. to Nov. 14, 2014 Order
Case Nos. 2:90-cv-00520 KJM DAD PC & C01-1351 TEH

1
2

STIPULATION
In its November 14, 2014 Order, the Three-Judge Court ordered the parties to meet-and-

3

confer regarding Plaintiffs’ requests for Defendants to (1) expand 2-for-1 credits for minimum

4

custody inmates who are ineligible for fire camps; and (2) expand credit earning from 20% to

5

33.3% for all non-violent second-strike offenders, including those with a prior sex offense.

6
7
8

The parties, with the assistance of the Compliance Officer, met and conferred and
stipulate and agree to the following:
1.

Starting January 1, 2015, Defendants shall expand 2-for-1 credits to all inmates

9

designated as Minimum Custody A or Minimum Custody B pursuant to Cal. Code of Regs tit. 15,

10

sec. 3377.1 who are currently eligible to earn day-for-day credits (50%). This new credit measure

11

will be applied prospectively. This agreement will allow inmates to continue participating in fire

12

camps, where they live and work outside the secure perimeter of prisons and can obtain valuable

13

skills and training that will prepare them for reentry into society.

14

2.

Plaintiffs withdraw their demand that CDCR expand 33.3% credit earnings to all

15

non-violent second strike offenders, including those who have to register under Penal Code

16

section 290.

17

3.

The parties’ agreement resolves all outstanding issues raised in Plaintiffs’ Motion

18

for Further Enforcement Order, filed September 16, 2014, that were the subject of the court-

19

ordered meet-and-confer.

20
21

KAMALA D. HARRIS
Attorney General of California

Dated: December 12, 2014

22

By: /s/ Patrick R. McKinney
PATRICK R. MCKINNEY
Supervising Deputy Attorney General
Attorneys for Defendants

23
24
25

Dated: December 12, 2014

HANSON BRIDGETT LLP

26

By: /s/ Paul B. Mello
PAUL B. MELLO
Attorneys for Defendants

27
28
1

[Proposed] Order in Resp. to Nov. 14, 2014 Order
Case Nos. 2:90-cv-00520 KJM DAD PC & C01-1351 TEH

1

Dated: December 12, 2014

PRISON LAW OFFICE

2

BY: /s/ Donald Specter(as authorized
12/12/14)
DONALD SPECTER
Attorneys for Plaintiffs

3
4
5

Dated: December 12, 2014

ROSEN BIEN GALVAN & GRUNFELD LLP
BY: /s/ Michael W. Bien (as authorized
12/12/14)
MICHAEL W. BIEN
Attorneys for Plaintiffs

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

[Proposed] Order in Resp. to Nov. 14, 2014 Order
Case Nos. 2:90-cv-00520 KJM DAD PC & C01-1351 TEH

1
2

[PROPOSED] ORDER
Pursuant to the foregoing stipulation, IT IS SO ORDERED.

3
4

Dated: 12/19/14

___ _____________________________
STEPHEN REINHARDT
UNITED STATES CIRCUIT JUDGE
NINTH CIRCUIT COURT OF APPEALS

Dated: 12/19/14

_________________________________
THELTON E. HENDERSON
SENIOR UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF CALIFORNIA

5
6
7
8
9
10
11
12

Dated: 12/19/14

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
[Proposed] Order
Case Nos. 2:90-cv-00520 KJM DAD PC & C01-1351 TEH