Coleman, et al v. Schwarzenegger, et al

Filing 5803

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/15/18, ORDERING that Defendants have until the last court day of March 2018 to file CDCR's February 2018 psychiatry staffing vacancy report identifying the psychiatrist vacancy rates at each CDCR institution and in the aggregate systemwide. (Kastilahn, A)

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XAVIER BECERRA
Attorney General of California
MONICA N. ANDERSON
Senior Assistant Attorney General
DANIELLE F. O’BANNON
JAY C. RUSSELL
DAMON G. MCCLAIN
Supervising Deputy Attorneys General
ELISE OWENS THORN, State Bar No. 145931
CHAD A. STEGEMAN, State Bar No. 225745
TYLER V. HEATH, State Bar No. 271478
Deputy Attorney 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, STIPULATION AND ORDER
AMENDING THE DATE FOR
DEFENDANTS TO FILE CDCR’S
PSYCHIATRIST VACANCY REPORT

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

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Defendants.
Judge:

The Hon. Kimberly J. Mueller

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The parties stipulate to the following:

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On February 14, 2018, the Court ordered defendants to file on the 15th of every month

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“reports identifying the psychiatrist vacancy rates at each CDCR institution and in the aggregate

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systemwide.” (ECF No. 5786 at 4.) The reports must include the “data for psychiatrist vacancies

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contained in the report titled Correctional Health Care Services Mental Health Institution

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Vacancies: Summary by Institution by Classification.” (Id.) The report must contain the “data

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for the preceding month.” (Id.)
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Stipulation and Order Amending the Date For Defendants to File CDCR’s Psychiatrist Vacancy Report (2:90-cv00520 KJM-DB (PC))

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At this time Defendants are unable to provide a report with all of the information request by

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the Court for February 2018 by March 15, 2018. Specifically, psychiatry positions are filled by

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both civil service and registry psychiatrists. In the past, registry data was not available until a few

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weeks after the close of the month, and not reportable by the 15th of each month. However, in

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order to meet the Court’s requirement, CDCR will collect and use non-validated registry data and

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report it by the 15th of each month. This new process for collecting the registry data will be

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available beginning with the March 2018 data.

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Therefore, the Defendants seek an extension of the February 14, 2018 order’s deadline to
file CDCR’s February 2018 psychiatry staffing vacancy report identifying the psychiatrist

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vacancy rates at each CDCR institution and in the aggregate systemwide by March 15, 2018.

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Defendants request to file the February 2018 report by the last court day of March 2018.

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Plaintiffs do not object to moving the deadline to file the report.

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The Special Master has reviewed this stipulation and has no objection to Defendants filing

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the psychiatry vacancy report due on March 15, 2018, on the last court day of March 2018.

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IT IS SO STIPULATED.

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Dated: March 14, 2018

/s/ Tyler V. Heath___
TYLER V. HEATH
Deputy Attorney General
Attorneys for Defendants

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/s/ Michael S. Nunez_
MICHAEL S. NUNEZ
Attorney for Plaintiffs

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Stipulation and Order Amending the Date For Defendants to File CDCR’s Psychiatrist Vacancy Report (2:90-cv00520 KJM-DB (PC))

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ORDER

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Defendants have until the last court day of March 2018 to file CDCR’s February 2018

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psychiatry staffing vacancy report identifying the psychiatrist vacancy rates at each CDCR

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institution and in the aggregate systemwide. IT IS SO ORDERED.

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DATED: March 15, 2018.

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UNITED STATES DISTRICT JUDGE
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Stipulation and Order Amending the Date For Defendants to File CDCR’s Psychiatrist Vacancy Report (2:90-cv00520 KJM-DB (PC))