Coleman, et al v. Schwarzenegger, et al

Filing 5660

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 8/14/2017 ORDERING the parties to continue to meet and confer weekly for the purposes outlined in paragraph 1 of this Stipulation; ORDERING the parties to submit by 11/30/2017, an addendum to the Program Guide that identifies exceptions to the Program Guide timeline for transfers to Mental Health Crisis Beds for review and final approval; RESETTING the In Court Hearing to 9/28/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Michel, G.)

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XAVIER BECERRA
Attorney General of California
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
CHRISTINE M. CICCOTTI, State Bar No. 238695
CHAD A. STEGEMAN, State Bar No. 225745
TYLER V. HEATH, State Bar No. 271478
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.,

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

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Plaintiffs, PARTIES’ SUPPLEMENTAL
STIPULATION AMENDING THE
v.
REQUEST TO EXTEND THE
DEADLINE TO FILE AN ADDENDUM
TO THE PROGRAM GUIDE
EDMUND G. BROWN JR., et al.,
REGARDING MENTAL HEALTH
CRISIS BED TIMELINE EXCEPTIONS
Defendants. AND TO CONTINUE THE AUGUST 29,
2017 EVIDENTIARY HEARING AND
RELATED DEADLINES

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On July 27, 2017, the parties filed a stipulation and proposed order requesting an extension

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of the deadlines set in the Court’s April 19, 2017 order, ECF No. 5610. (ECF No. 5653.) On

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August 1, 2017, the Court extended the deadline for the parties’ joint report and continued the

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August 29, 2017 hearing. (ECF No. 5656.) With respect to the parties’ request to continue the

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deadline to file an addendum to the Program Guide identifying exceptions, if any, to the Program

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Guide timelines for transfer to Mental Health Crisis Bed care until January 31, 2018, the Court
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Parties’ Suppl. Stip. Request to Extend Addendum Deadline and Cont. Hearing (2:90-cv-00520 KJM-DB (PC))

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ordered the parties to file a supplemental stipulation clarifying the basis for the request. (Id. at 2.)

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Upon receipt of the Court’s August 1, 2017 order, the parties conferred and agree that a

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shorter period of time should be sufficient to discuss the scope and contours of the categories for

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the addendum to the Program Guide. As contemplated by the Court’s August 1 order, the parties

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hereby modify their July 27 request for a six-month extension to now request a four-month

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extension up to and including November 30, 2017, to allow them time to work toward an

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agreement on the exceptions and complete an addendum to the Program Guide using Defendants’

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real-time crisis bed data in the context of the weekly workgroups described in the July 27

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stipulation. This request is in line with the Court’s June 8, 2017 order approving the parties’

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request to extend the time for the parties to complete and submit a joint proposal for an addendum

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to the Program Guide that identifies exceptions to the Program Guide timeline for transfers to

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acute and intermediate levels of care. (ECF No. 5631.)

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After receiving the order, Plaintiffs’ counsel identified a conflict with the September 29,

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2017 hearing date (Yom Kippur begins that evening), and the parties request the Court reschedule

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the hearing date.

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Accordingly, the parties stipulate as follows:

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1. The parties shall continue to meet and confer weekly, either in-person or through

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teleconferences, under the guidance of the Special Master, to (a) review and discuss data

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presented by Defendants regarding potential obstacles to compliance with the 24-hour transfer

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timeframe; (b) review Defendants’ application of the individual inmate exceptions and to refine

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the precise contours of the three (or more) enumerated exceptions to the 24-hour timeframe; and

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(c) develop solutions to address issues related to referral, treatment, and discharge of inmate-

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patients to Mental Health Crisis Bed level of care. As part of the process for developing the

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addendum, the parties will also develop, with the guidance of the Special Master, a process to

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exchange written materials, including individual patient-level data, to discuss on a monthly basis

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any Mental Health Crisis Bed transfer that may qualify for an exception to the Program Guide

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timelines.

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Parties’ Suppl. Stip. Request to Extend Addendum Deadline and Cont. Hearing (2:90-cv-00520 KJM-DB (PC))

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No later than November 30, 2017, the parties will complete and submit an addendum

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to the Program Guide that identifies exceptions to the Program Guide timeline for transfers to

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Mental Health Crisis Beds for review and final approval.

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3.

The parties request that the Court reschedule the September 29, 2017 hearing. For the

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Court’s convenience, the parties have confirmed they are available on the following dates close to

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September 29: September 25, 26, 27, and 28, 2017. If the Court is amenable to rescheduling the

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September 29 hearing but the dates listed by the parties are not convenient, the parties request a

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phone conference with the Court to set a new date for the hearing.

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IT IS SO STIPULATED.

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Dated: August 8, 2017

/s/ Elise Owens Thorn
ELISE OWENS THORN
Deputy Attorney General
Attorneys for Defendants

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/s/ Lisa Ells
LISA ELLS
Attorney for Plaintiffs

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ORDER

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Accordingly, it is hereby ordered that:

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1.

The parties shall continue to meet and confer weekly, either in-person or through

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teleconferences, under the guidance of the Special Master for the purposes outlined in

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paragraph 1 of the foregoing stipulation.

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2.

On or before November 30, 2017, the parties shall submit an addendum to the

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Program Guide that identifies exceptions to the Program Guide timeline for transfers

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to Mental Health Crisis Beds for review and final approval.

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3.

The hearing set for September 29, 2017 is VACATED and RESET for September 28,
2017 at 10:00 a.m. in Courtroom No. 3.

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IT IS SO ORDERED.

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DATED: August 14, 2017.
UNITED STATES DISTRICT JUDGE

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Parties’ Suppl. Stip. Request to Extend Addendum Deadline and Cont. Hearing (2:90-cv-00520 KJM-DB (PC))