Coleman, et al v. Schwarzenegger, et al

Filing 6309

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/3/2019 EXTENDING Time to 10/10/2019, for Defendants to Respond to Paragraph 5 of the Court's 6288 Order. (York, M)

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1 2 3 4 5 6 7 8 XAVIER BECERRA, State Bar No. 118517 Attorney General of California ADRIANO HRVATIN, State Bar No. 220909 Supervising Deputy Attorney General KYLE A. LEWIS, State BAR No. 201041 ELISE OWENS THORN, State Bar No. 145931 TYLER V. HEATH, State Bar No. 271478 ROBERT W. HENKELS, State Bar No. 255410 Deputy Attorneys General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 210-7325 Fax: (916) 324-5205 E-mail: Attorneys for Defendants ROMAN M. SILBERFELD, State Bar No. 62783 GLENN A. DANAS, State Bar No. 270317 ROBINS KAPLAN LLP 2049 Century Park East, Suite 3400 Los Angeles, CA 90067-3208 Telephone: (310) 552-0130 Fax: (310) 229-5800 E-mail: Special Counsel for Defendants 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION 13 14 Case No. 2:90-cv-00520 KJM-DB (PC) RALPH COLEMAN, et al., 15 Plaintiffs, STIPULATION AND ORDER EXTENDING DEFENDANTS’ TIME TO RESPOND TO PARAGRAPH 5 OF THE COURT’S SEPTEMBER 17, 2019 ORDER [ECF NO. 6288] 16 v. 17 18 19 GAVIN NEWSOM, et al., Defendants. Judge: The Hon. Kimberly J. Mueller 20 21 On September 17, 2019, the Court gave Defendants fourteen days, up to October 1, 2019, to 22 file and serve evidence in support of their assertion that CDCR “did not modify the business rule 23 timely psychiatry contacts conducted for patients in the ASU EOP Hub program” and their 24 corresponding assertion that they “no longer need[ ] to resubmit the five ASU EOP Hub 25 certification letters” they represented were based on the “every calendar month, not to exceed 45 26 days” definition. (ECF No. 6288 at 4.) 27 28 Defendants cannot meet the Court’s October 1, 2019 deadline because the person most knowledgeable with the information required to 1 respond to the request for evidence is out of the Stip. & Order Extension of Time to Respond to 9/17/19 Order (2:90-cv-00520 KJM-DB (PC)) 1 country on vacation. The CDCR employee who has personal knowledge to support Defendants’ 2 assertion that CDCR did not modify the business rule regarding timely psychiatry contacts 3 conducted for patients in the Administrative Segregation Unit Enhanced Outpatient Program hub 4 programs, David Leidner, has been on vacation since September 5, 2019. Defendants cannot 5 meet paragraph 5 of the Court’s September 17, 2019 order until Dr. Leidner returns from vacation 6 and has an opportunity to compile the data and information requested by the Court. 7 8 9 10 The parties met and conferred and Plaintiffs agree to extend the time for Defendants to respond to paragraph 5 of the Court’s September 17, 2019 order to October 10, 2019. IT IS SO STIPULATED. XAVIER BECERRA Attorney General of California ADRIANO HRVATIN Supervising Deputy Attorney General Dated: October 1, 2019 11 12 13 Elise Owens Thorn_________ ELISE OWENS THORN Deputy Attorney General Attorneys for Defendants 14 15 16 ROSEN BIEN GALVAN & GRUNFELD LLP Dated: October 1, 2019 17 Cara Trapani_____________________ CARA TRAPANI Attorneys for Plaintiffs 18 19 20 21 IT IS SO ORDERED. Dated: October 3, 2019. 22 UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 2 Stip. & Order Extension of Time to Respond to 9/17/19 Order (2:90-cv-00520 KJM-DB (PC))

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