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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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: [phone]
Fax: [phone]
E-mail: [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: [phone]
Fax: [phone]
E-mail: [e-mail]
Special Counsel 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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Case No. 2:90-cv-00520 KJM-DB (PC)

RALPH COLEMAN, et al.,
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Plaintiffs, STIPULATION AND ORDER
EXTENDING DEFENDANTS’ TIME TO
RESPOND TO PARAGRAPH 5 OF THE
COURT’S SEPTEMBER 17, 2019 ORDER
[ECF NO. 6288]

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v.
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GAVIN NEWSOM, et al.,
Defendants. Judge: The Hon. Kimberly J. Mueller

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On September 17, 2019, the Court gave Defendants fourteen days, up to October 1, 2019, to

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file and serve evidence in support of their assertion that CDCR “did not modify the business rule

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timely psychiatry contacts conducted for patients in the ASU EOP Hub program” and their

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corresponding assertion that they “no longer need[ ] to resubmit the five ASU EOP Hub

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certification letters” they represented were based on the “every calendar month, not to exceed 45

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days” definition. (ECF No. 6288 at 4.)

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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))

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country on vacation. The CDCR employee who has personal knowledge to support Defendants’

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assertion that CDCR did not modify the business rule regarding timely psychiatry contacts

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conducted for patients in the Administrative Segregation Unit Enhanced Outpatient Program hub

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programs, David Leidner, has been on vacation since September 5, 2019. Defendants cannot

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meet paragraph 5 of the Court’s September 17, 2019 order until Dr. Leidner returns from vacation

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and has an opportunity to compile the data and information requested by the Court.

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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

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Elise Owens Thorn_________
ELISE OWENS THORN
Deputy Attorney General
Attorneys for Defendants

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ROSEN BIEN GALVAN & GRUNFELD LLP

Dated: October 1, 2019

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Cara Trapani_____________________
CARA TRAPANI
Attorneys for Plaintiffs

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IT IS SO ORDERED.
Dated: October 3, 2019.

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UNITED STATES DISTRICT JUDGE

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Stip. & Order Extension of Time to Respond to 9/17/19 Order (2:90-cv-00520 KJM-DB (PC))