Coleman, et al v. Schwarzenegger, et al

Filing 5571

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 2/23/17: The stipulation to extend until March 30, 2017 the time for the parties to file responses to the Special Master's Staffing Report is APPROVED. (Kaminski, H)

1
2
3
4
5
6
7
8
9
10

XAVIER BECERRA
ATTORNEY GENERAL
WILLIAM C. KWONG
ACTING SENIOR ASSISTANT ATTORNEY GENERAL
DANIELLE F. O’BANNON
JAY C. RUSSELL
Supervising Deputy Attorneys General
ELISE OWENS THORN, State Bar No. 145931
MANEESH SHARMA, State Bar No. 280084
CHRISTINE M. CICCOTTI, State Bar No. 238695
CHAD STEGEMAN, State Bar No. 225745
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

11
IN THE UNITED STATES DISTRICT COURT
12
FOR THE EASTERN DISTRICT OF CALIFORNIA
13
SACRAMENTO DIVISION
14
15
16

RALPH COLEMAN, et al.,

17

Plaintiffs, STIPULATION AND ORDER
EXTENDING THE TIME TO RESPOND
v.
TO THE SPECIAL MASTER’S REPORT
ON THE STATUS OF MENTAL
HEALTH STAFFING AND THE
EDMUND G. BROWN JR., et al.,
IMPLEMENTATION OF DEFENDANTS’
STAFFING PLAN
Defendants.

18
19
20

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

21
22
23

The parties stipulate as follows:

24

On February 6, 2017, the Special Master filed his Report on the Status of Mental Health

25

Staffing and the Implementation of Defendants’ Staffing Plan. (ECF No. 5564.)

26

Under Rule 53(f)(1) of the Federal Rules of Civil Procedure, the parties have 21 days to

27

move to reject or modify a special master report. The current deadline to object to or move to

28

modify the February 6 report is February 27, 2017. The parties have conferred and agree that
1
Stip. and Order Extend. Time to Respond to the Special Master’s Report (2:90-cv-00520 KJM-DB (PC))

1

additional time is necessary to prepare and file their respective responses to the Special Master’s

2

February 6 report.

3
4
5

The Special Master has indicated that he does not object to the parties’ stipulation to extend
the time to respond to the February 6 report.
The parties therefore stipulate that the time for the parties to file responses to the Special

6

Master’s Report on the Status of Mental Health Staffing and the Implementation of Defendants’

7

Staffing Plan should be extended 31 days, until March 30, 2017.

8

Dated: February 21, 2017

9
10
11
12
13
14

Respectfully submitted,
XAVIER BECERRA
Attorney General of California
DANIELLE F. O'BANNON
Supervising Deputy Attorney General
/s/ Elise Owens Thorn
ELISE OWENS THORN
Deputy Attorney General
Attorneys for Defendants

15
16
17

/s/ Michael W. Bien
MICHAEL W. BIEN
Attorney for Plaintiffs

18
19
20
21

ORDER
The court first notes there is a difference between the 21 day period in Federal Rule of Civil

22

Procedure 53(f)(2) and the ten day period in Section C of the Order of Reference filed December

23

11, 1995, ECF No. 640 at 8. The parties’ filing reflects they assume the former controls the

24

deadline for filing responses to the Special Master’s February 6, 2017 Report on the Status of

25

Mental Health Staffing and the Implementation of Defendants’ Staffing Plan (Staffing Report),

26

ECF No. 5564. If the Order of Reference controls, responses were due February 17, 2017. See

27

Fed. R. Civ. P. 6(a)(1). In view of the parties’ agreement that the time for responses should be

28

extended to March 30, 2017, and the Special Master’s concurrence with this agreement, the court
2
Stip. and Order Extend. Time to Respond to the Special Master’s Report (2:90-cv-00520 KJM-DB (PC))

1

need not resolve which period controls, or whether the stipulation was filed before or after the

2

time for filing responses has expired. Cf. Fed. R. Civ. P. 6(b)(1); L.R. 144(d) (E.D.Cal.). The

3

stipulation to extend until March 30, 2017 the time for the parties to file responses to the Special

4

Master’s Staffing Report is APPROVED.

5

IT IS SO ORDERED.

6

DATED: February 23, 2017

7
8
9

UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Stip. and Order Extend. Time to Respond to the Special Master’s Report (2:90-cv-00520 KJM-DB (PC))