Coleman, et al v. Schwarzenegger, et al

Filing 5467

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/30/2016 EXTENDING Order Modifying the 2/3/2015 Order Regarding First Watch Security/Welfare Checks at Pelican Bay State Prison Security Housing Unit re: 5465 Stipulation and Proposed Order. (Donati, J)

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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 Attorneys 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 using 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 noise caused by the opening and closing

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of the Unit’s pod doors. Order, Dec. 28, 2015, ECF No. 5393. That stipulation expired by its

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terms on May 1, 2016 but was extended by further stipulation of the parties and Order of the

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Court until June 30, 2016. Id.; Stipulation Extending Order Modifying Security/Welfare Checks
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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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at Pelican Bay SHU, Apr. 29, 2016, ECF No. 5437; Order, May 3, 2016, ECF No. 5438.
The parties continue to discuss this issue. Defendants anticipate receiving a report from an

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acoustical consultant who has assessed the issue. Defendants intend to provide a copy of this

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report to Plaintiffs and the Special Master by July 13, 2016, for further discussion.

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The parties seek an additional extension of the Court’s May 3, 2016 order modifying its

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February 3, 2015 Order allowing Defendants to temporarily conduct Security/Welfare checks

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utilizing Guard One at the Pelican Bay SHU once per hour during First Watch (2200 hours to

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0600). This extension of the stipulation modifying the Court’s order will expire on August 31,

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2016, and may be continued by further Stipulation.

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IT IS SO STIPULATED.

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Dated: June 29, 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/ Michael Bien
MICHAEL BIEN
Attorney for Plaintiffs

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CF1997CS0003
12321995.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
The foregoing stipulation is approved with the clarification that the court considers the new

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date of August 31, 2016, to be firm. IT IS SO ORDERED.

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DATED: June 30, 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))