Coleman, et al v. Schwarzenegger, et al
Filing
6660
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/7/2020 GRANTING IN PART AND DENYING IN PART Defendants' 4/15/2020 ECF No. 6612 Motion for Reconsideration; and CONFIRMING the evidentiary hearing set for 5/19/2020 at 10:00 a.m. in accordance with the provisions of this order.(Becknal, R)
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UNITED STATES DISTRICT COURT
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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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On April 15, 2020, defendants filed a motion for reconsideration and, in the alternative,
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for clarification of this court’s April 10, 2020 order setting an evidentiary hearing on Tuesday,
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April 21, 2020 at 10:00 a.m. on the issue of class members’ access to Department of State
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Hospital (DSH) inpatient programs, ECF No. 6600 at 3-4. ECF No. 6612. In accordance with
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the parties’ stipulation presented at the further telephonic status conference held on April 17,
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2020, the court continued the evidentiary hearing to May 19, 2020 at 10:00 a.m. Order filed April
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24, 2020, ECF No. 6639, at 11. During the interim period the court directed its Special Master to
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closely monitor all Coleman class referrals, rejections and completed transfers to and from DSH
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inpatient programs. Id.
Defendants’ motion also seeks clarification of (1) the factual issues that will be the subject
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of the hearing; (2) which party holds the burden of proof; (3) whether a party may call witnesses
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other than those specified in the court’s order; and (4) the manner in which witnesses will be
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questioned. The court issues the following order to clarify these details in advance of the
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scheduled hearing.
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The April 24, 2020 order clarified that, with the exception of a temporary modification to
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include COVID-19 screening, the Coleman Program Guide requirements for transfer of class
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members to inpatient DSH hospital beds are in full force and effect unless and until they are
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modified by order of this court. Id. Consequently, the factual issues that will be the subject of
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the hearing are: (1) as required by the April 24, 2020 order, have DSH and CDCR been
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complying with the Program Guide requirements, as modified by the temporary addition of
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COVID-19 screening, for transfer of class members to inpatient hospital beds; (2) if they are not
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complying with those requirements, in what way or ways are they deviating from those
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requirements; and (3) what is the rationale for any deviation.
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If the parties agree that defendants are following the requirements of the court’s April 24,
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2020 order, the court is prepared to entertain a stipulation of the parties, approved by the Special
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Master, to continue the hearing for an additional period not to exceed thirty days to monitor
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whether the necessary compliance has taken hold under the current circumstances.
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If defendants are not following the requirements of the court’s order, for the reasons
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explained in the April 24, 2020 order, they have the burden of proving that modification of that
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order and the underlying Program Guide provisions are required. The standards applicable to a
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motion based on Federal Rule of Civil Procedure 60 will apply.
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Substantive testimony at hearing will be limited to that provided by Dr. Warburton, Dr.
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Bick and plaintiffs’ designated expert, Dr. Stern. The court may also wish to hear brief testimony
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from DSH Director Stephanie Clendenin regarding her understanding and awareness of Coleman
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court orders as applicable to DSH, a defendant in this action. See ECF No. 6639 at 8 n.6. Direct
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testimony focused on the above factual issues from Dr. Warburton and Dr. Bick, as well as
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rebuttal testimony from Dr. Stern, may be presented in the form of sworn declarations filed with
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the court and served on all parties not later than 5:00 p.m. on Friday, May 15, 2020. All three
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witnesses and Director Clendenin must be available by videoconference for cross-examination,
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re-direct examination and, as necessary, any questions from the court. The courtroom deputy will
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contact the parties several days before the hearing to review the court’s procedures for holding a
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proceeding by videoconference, and to provide information on how to use the technology the
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court is relying on for videoconference proceedings. No other witness testimony will be taken on
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the hearing date currently set. Subject to the usual objection process, relevant documentary
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evidence will be admitted upon motion of the parties, jointly or separately; parties must exchange
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any documents they plan to offer into evidence no later than 5:00 p.m. on Friday, May 15, 2020.
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As a general matter, because defendants will have the burden of proof, the hearing will
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proceed with defendants making the initial presentation of testimony and evidence, followed by
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cross-examination from plaintiffs and, as necessary, re-direct examination by defendants.
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Thereafter, plaintiffs will, as appropriate, be permitted to call Dr. Stern in rebuttal. If the court
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directs Director Clendenin to testify, it will ask a few initial questions before allowing the parties
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to ask questions, in the same order. The court’s questions of the other witnesses, if any, will be
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interposed during the proceedings if the court has specific concerns that are not otherwise
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addressed during the proceedings.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Defendants’ April 15, 2020 motion, ECF No. 6612, is GRANTED in part and
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DENIED in part; and
2. The evidentiary hearing set for May 19, 2020 at 10:00 a.m. is confirmed to proceed in
accordance with the provisions of this order.
DATED: May 7, 2020.
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