Coleman, et al v. Schwarzenegger, et al
Filing
5656
ORDER signed by District Judge Kimberly J. Mueller on 8/1/2017 ORDERING that, within 7 days from the date of this order, the parties to file a supplemental stipulation clarifying the basis for their request to continue until 1/31/2018. The hearing scheduled for 8/29/2017 is CONTINUED to 9/29/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Deadline for filing of the joint report required by 5610 Order is CONTINUED to 8/29/2017. (Donati, J)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RALPH COLEMAN, et al.,
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Plaintiffs,
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v.
No. 2:90-cv-0520 KJM DB P
ORDER
EDMUND G. BROWN, JR., et al.,
Defendants.
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On July 27, 2017, the parties filed a stipulation and proposed order requesting an
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extension of certain deadlines set in the court’s April 19, 2017 order, ECF No. 5610.
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Specifically, the parties request an extension of the deadline to file an addendum to the Program
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Guide identifying exclusions, if any, to the Program Guide timelines for transfer to mental health
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crisis bed care, from July 28, 2017 to January 31, 2018; an extension of time to file the joint
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report required by paragraph 8 of the April 19, 2017 order, from July 28, 2017 to August 29,
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2017; and a thirty-day continuance of the status conference/evidentiary hearing set for August 29,
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2017. See ECF No. 5653 at 4-5. By minute order filed July 28, 2017, to provide the parties with
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certainty in the short term, the court approved the requested extension while indicating a short
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order would follow. ECF No. 5654.
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The stipulation of the parties provides adequate detail to support the requested
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extension of the deadline for filing the report required by paragraph 8 of the April 19, 2017 order
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and the requested continuance of the status conference/evidentiary hearing and the approval of
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those requests is confirmed.
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The stipulation of the parties does not, however, provide an adequate explanation
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for seeking a delay of six months to finalize and submit for approval the Program Guide
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addendum identifying exclusions, if any, to Program Guide timelines for transfer to mental health
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crisis bed care. If there is an adequate explanation for the request that has not been fully
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described in the stipulation filed July 27, 2017, the court will grant the parties a period of seven
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days in which to file a supplemental stipulation clarifying the basis for this part of their request or
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modifying the request to shorten the period of delay. Cf. ECF No. 5631 (stipulation and order
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governing addendum to Program Guide identifying exceptions to transfer timelines to inpatient
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care).
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Within seven days from the date of this order, the parties shall file a
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supplemental stipulation clarifying the basis for their request to continue until January 31, 2018
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the deadline for completing and submitting for review and approval an addendum to the Program
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Guide that identifies exceptions to the Program Guide timeline for transfers to mental health crisis
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beds. This paragraph notwithstanding, the parties shall continue to meet and confer weekly,
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either in-person or through teleconferences, under the guidance of the Special Master, consistent
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with the purposes described in the stipulation.
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2.
Given the parties’ ongoing efforts to identify and resolve the remaining
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issues related to delayed transfers to mental health crisis beds, including matters the parties may
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be able to narrow or resolve on their own as well as refining any disputes that may remain for
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resolution by the court, the hearing scheduled for August 29, 2017 is CONTINUED to September
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29, 2017 at 10:00 a.m. in Courtroom # 3.
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3.
The deadline for filing of the joint report required by paragraph 8 on page
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report shall also describe the progress of the workgroup discussions that will be ongoing in
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accordance with the stipulation and paragraph 1 of this order.
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DATED: August 1, 2017.
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UNITED STATES DISTRICT JUDGE
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