Coleman, et al v. Schwarzenegger, et al

Filing 5800

THREE-JUDGE COURT STIPULATION and ORDER signed by Circuit Judge Stephen Reinhardt, District Judge Kimberly J. Mueller and District Judge Jon S. Tigar on 3/14/2018 re: Design Capacity Calculations for infill beds at Mule Creek State Prison and Donovan Correctional Facility. (Donati, J)

1 XAVIER BECERRA
Attorney General of the State of California
2 MONICA ANDERSON
Senior Assistant Attorney General
3 JAY C. RUSSELL
DANIELLE F. O’BANNON
4 Supervising Deputy Attorneys General
MANEESH SHARMA - 280084
5 Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
6 San Francisco, CA 94102-7004
Telephone: [phone]
7 Facsimile: [phone]
Email: [e-mail]
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Attorneys for Defendants
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HANSON BRIDGETT LLP
PAUL B. MELLO - 179755
SAMANTHA D. WOLFF - 240280
425 Market Street, 26th Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AND THE NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES

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PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE

15 RALPH COLEMAN, et. al.,
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CASE NO. 2:90-cv-00520 KJM DB

Plaintiffs,
THREE-JUDGE COURT

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v.

18 EDMUND G. BROWN JR., et al.,
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Defendants.

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CASE NO. C01-1351 JST
MARCIANO PLATA, et al.,

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Plaintiffs,

THREE-JUDGE COURT

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v.
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EDMUND G. BROWN JR., et al.,
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Defendants.

STIPULATION AND ORDER RE:
DESIGN CAPACITY CALCULATIONS
FOR INFILL BEDS AT MULE CREEK
STATE PRISON AND RICHARD J.
DONOVAN CORRECTIONAL FACILITY

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Case Nos. 2:90-cv-00520 KJM-DB & C01-1351 JST
13965535.1

STIP. & ORDER RE: INFILL BEDS

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On June 23, 2014, the Three-Judge Court entered an Order requiring that "if defendants

2 intend to add any future new design capacity, they shall meet and confer with plaintiffs to see if
3 they can reach agreement on how such capacity should be counted and, if so, file a stipulation and
4 proposed order." (June 23, 2014 Order at 8:25-9:1, Plata Dock. No. 2796; Coleman Dock. No.
5 5172.) In February and March 2016, CDCR activated 1,584 infill beds and corresponding
6 administrative and health care support facilities at Mule Creek State Prison. In December 2016,
7 CDCR activated an additional 792 infill beds and corresponding administrative and health care
8 support facilities at Richard J. Donovan Correctional Facility.
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Consistent with this Three-Judge Court's June 23, 2014 Order, the parties have met and

10 conferred, which included tours of both the Mule Creek and Richard J. Donovan facilities and
11 review of relevant data and reports. The parties are in agreement that this additional capacity shall
12 be counted at 137.5 percent of design bed capacity (2,376 beds), for purposes of calculating
13 compliance with the Court’s population order.
14 Dated: March 12, 2018

XAVIER BECERRA
Attorney General of California

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By: /s/ Maneesh Sharma
MANEESH SHARMA1
Deputy Attorney General
Attorneys for Defendants

18 Dated: March 12, 2018

HANSON BRIDGETT LLP

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By: /s/ Paul B. Mello
PAUL B. MELLO
SAMANTHA D. WOLFF
Attorneys for Defendants

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PRISON LAW OFFICE

22 Dated: March 12, 2018

By: /s/ Don Specter_______
DON SPECTER
Attorneys for Plaintiffs

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Counsel attests that e-filing authorization was obtained from all signatories on March 9, 2018.

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-213965535.1

STIP. & ORDER RE: INFILL BEDS

Case Nos. 2:90-cv-00520 KJM-DB & C01-1351 JST

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Dated: March 12, 2018

ROSEN, BIEN, GALVAN, & GRUNFELD LLP

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By: /s/ Michael Bien____
MICHAEL BIEN
Attorneys for Plaintiffs
4 Pursuant to the foregoing stipulation, IT IS SO ORDERED:
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6 DATED: March 14, 2018
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______________________________________
STEPHEN REINHARDT
UNITED STATES CIRCUIT JUDGE
NINTH CIRCUIT COURT OF APPEALS

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11 DATED: March 14, 2018
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15 DATED: March 14, 2018
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______________________________________
JON S. TIGAR
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF CALIFORNIA

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-313965535.1

STIP. & ORDER RE: INFILL BEDS

Case Nos. 2:90-cv-00520 KJM-DB & C01-1351 JST