Coleman, et al v. Schwarzenegger, et al

Filing 6315

ORDER signed by District Judge Kimberly J. Mueller on 10/8/19 ORDERING that Appendix A to the Parties' Joint Submission of Custody-Related Remedial Measures is APPROVED and ADOPTED; This matter is referred to the Special Master who shall deter mine whether to convene an additional meeting of the parties to resolve the disputes and/or to file his specific recommendations with the court; and The Special Master and the parties, if the Special Master convenes a meeting of the parties, are granted sixty days to comply with paragraph 2 of this order. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RALPH COLEMAN, et al.,

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Plaintiffs,

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v.

No. 2:90-cv-0520 KJM DB P

ORDER

GAVIN NEWSOM, et al.,

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Defendants.

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By order filed July 9, 2019, the court directed the parties to file within thirty days

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“a document that identifies all negotiated or court-ordered remedial measures adopted in this

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action that cover custodial issues and are not included in the 2018 Program Guide Revision.”

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ECF No. 6214 at 19. On August 12, 2019, the court approved the parties’ stipulation to extend

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the deadline for filing the required document and extended the deadline to September 4, 2019.

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ECF No. 6240. On September 4, 2019, the parties filed a second stipulation and proposed order

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to extend the deadline by another two days. ECF No. 6265. On September 6, 2019, the parties

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jointly submitted the required document. ECF No. 6271. Good cause appearing, the court will

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approve the stipulation filed September 4, 2019 and consider the September 6, 2019 submission

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timely filed.

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Appendix A to the September 6, 2019 joint submission is the list of all policies and

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court orders related to custodial issues that the parties agree are part of the remedy in this case

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and not included in the 2018 Program Guide Revision. ECF No. 6271-1. By this order, the court

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approves the list presented as Appendix A and adopts it as identifying relevant custodial remedial

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measures in this action, subject to the possible addition of measures following resolution of the

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outstanding disputes as described below.

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The parties’ joint submission includes a list of four polices and/or orders that

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plaintiffs want included in the list of custodial remedial measures. ECF No. 6271 at 2.

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Defendants contend the items on the list are not responsive to the July 9, 2019 order. Id. The

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parties have set forth in the joint submission their respective positions as to each of the four items.

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Id. at 2-10.

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The July 9, 2019 order requires that the parties “confirm that the Special Master

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has reviewed the list and concurs that it is a comprehensive list of such remedial measures.” ECF

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No. 6214 at 19. The Special Master has informed the court that he has specific views concerning

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whether each of the four disputed items belongs on the list the court has required. To ensure that

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his views are properly reflected in the record before the court on this question, the court issues the

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order set forth below.

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Upon hearing as provided below from the Special Master, and the parties as

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necessary, the court anticipates directing the Special Master to file a completed 2018 Program

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Guide Revision taking account of the court’s orders issued since that revision’s filing, designed to

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finalize the revision in full, and accompanied by a complete approved list of custodial remedies.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Appendix A to the Parties’ Joint Submission of Custody-Related Remedial

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Measures is approved and adopted;
2. This matter is referred to the Special Master who shall determine whether to

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convene an additional meeting of the parties to resolve the disputes and/or to file his specific

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recommendations with the court; and

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3. The Special Master and the parties, if the Special Master convenes a meeting of

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the parties, are granted sixty days to comply with paragraph 2 of this order.

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DATED: October 8, 2019.

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UNITED STATES DISTRICT JUDGE

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