Coleman, et al v. Schwarzenegger, et al

Filing 5438

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 05/02/16 ordering the parties request for a 60 days extension of the Court's 12/28/15 order modifying its 02/03/15 order allowing defendants to temporarily conduct Security/W elfare checks utilizing Guard One at the Pelican Bay SHU once per hour during First Watch (2200 hours to 0600) hours is granted. This stipulation will expire on 06/30/16 and may be continued by further Stipulation and concurrence of the Special Master. (Plummer, M)

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KAMALA D. HARRIS
Attorney General of California
JAY C. RUSSELL
DANIELLE F. O'BANNON
Supervising Deputy Attorneys General
ELISE OWENS THORN, State Bar No. 145931
MANEESH SHARMA, State Bar No. 280084
CHRISTINE M. CICCOTTI, State Bar No. 238695
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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RALPH COLEMAN, et al.,

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Plaintiffs, STIPULATION AND ORDER
EXTENDING ORDER MODIFYING
v.
FEBRUARY 3, 2015 ORDER
REGARDING FIRST WATCH
SECURITY/WELFARE CHECKS AT
EDMUND G. BROWN JR., et al.,
PELICAN BAY STATE PRISON
SECURITY HOUSING UNIT
Defendants.
Judge Kimberly J. Mueller

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2:90-cv-00520 KJM-KJN (PC)

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The parties, with the concurrence of the Special Master, stipulate as follows:

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On December 28, 2015, this Court approved the parties’ stipulation that Security/Welfare

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checks utilizing Guard One at the Pelican Bay State Prison Security Housing Unit (SHU)

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temporarily be conducted only once per hour during First Watch (2200 hours to 0600 hours),

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while Defendants worked to assess and possibly reduce the noise caused by the opening and

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closing of the Unit’s pod doors. Order, Dec. 28, 2015, ECF NO. 5393.
That stipulation expires by its terms on May 1, 2016. Id.

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Stip. and Order Extending Order Modifying Security/Welfare Checks at Pelican Bay SHU
(2:90-cv-00520 KJM-KJN (PC))

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The parties continue to discuss this issue and assess whether any additional reasonable steps

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can be considered that may address Plaintiffs’ concerns regarding the pod door noise at the

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Pelican Bay SHU. Defendants anticipate receiving a report from an acoustical consultant within

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the next approximately two weeks, and Defendants will provide a copy of that report to Plaintiffs

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and the Special Master promptly after receipt. No later than June 3, 2016, Defendants will

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provide a written report to Plaintiffs and the Special Master addressing recommendations or any

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further follow-up steps based on the report, if any.

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Therefore, the parties seek a 60 day extension of the Court’s December 28, 2015 order
modifying its February 3, 2015 Order allowing Defendants to temporarily conduct

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Security/Welfare checks utilizing Guard One at the Pelican Bay SHU once per hour during First

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Watch (2200 hours to 0600) hours. This stipulation will expire on June 30, 2016, and may be

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continued by further Stipulation and concurrence of the Special Master.

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IT IS SO STIPULATED.

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Dated: April 28, 2016

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
DANIELLE F. O'BANNON
Supervising Deputy Attorney General

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/s/ Christine M. Ciccotti
CHRISTINE M. CICCOTTI
Deputy Attorney General
Attorneys for Defendants

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/s/ Steven Fama
STEVEN FAMA
Attorney for Plaintiffs

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CF1997CS0003
12244197.doc

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Stip. and Order Extending Order Modifying Security/Welfare Checks at Pelican Bay SHU
(2:90-cv-00520 KJM-KJN (PC))

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ORDER
Pursuant to the foregoing stipulation, IT IS SO ORDERED.
DATED: May 2, 2016.

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UNITED STATES DISTRICT JUDGE

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Stip. and Order Extending Order Modifying Security/Welfare Checks at Pelican Bay SHU
(2:90-cv-00520 KJM-KJN (PC))