Coleman, et al v. Schwarzenegger, et al

Filing 6789

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 7/25/2020 APPROVING Extension of the Implementation Period for the CDCR's Telepsychiatry Policy. (Huang, H)

Case 2:90-cv-00520-KJM-DB Document 6789 Filed 07/27/20 Page 1 of 3
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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
ADRIANO HRVATIN, State Bar No. 220909
Supervising Deputy Attorney General
ELISE OWENS THORN, State Bar No. 145931
TYLER V. HEATH, State Bar No. 271478
KYLE A. LEWIS, State Bar No. 201041
LUCAS HENNES, State Bar No. 278361
Deputy Attorneys General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
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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RALPH COLEMAN, et al.,

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v.

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GAVIN NEWSOM, et al.,
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2:90-cv-00520 KJM-DB (PC)
Plaintiffs, STIPULATION AND ORDER
APPROVING EXTENSION OF THE
IMPLEMENTATION PERIOD FOR THE
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION’S
TELEPSYCHIATRY POLICY
Defendants.

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On March 27, 2020, the Court approved the parties’ stipulation proposing a provisional

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policy regarding the California Department of Corrections and Rehabilitation’s (CDCR) use of

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telepsychiatry to provide mental health services to its inmate-patients. (ECF No. 6539.) The

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parties agreed that the provisional telepsychiatry policy would be implemented within 120 days of

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the Court’s approval of the stipulation, or by July 25, 2020 (this Saturday). (Id. at 2.) During this

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120-day period, the parties agreed that Defendants would complete the internal monitoring

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process allowing Defendants to provide notice to Plaintiffs and the Special Master, as required by

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the provisional policy. (Id.) The stipulation further provided that if Defendants believed that the

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120-day period should be extended due to the COVID-19 pandemic’s impact on CDCR, they
[3583898.3]
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Stip. & Order Approving Extension Re: CDCR’s Telepsychiatry Policy (2:90-cv-00520 KJM-DB (PC))

Case 2:90-cv-00520-KJM-DB Document 6789 Filed 07/27/20 Page 2 of 3
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would meet and confer with Plaintiffs’ counsel and the Special Master concerning an extension of

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that period. (Id.)

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Since the Court approved the parties’ stipulation on March 27, Defendants have worked

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diligently to construct and implement CDCR’s Telepsychiatry Resource Management Tool, and

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educate mental health program staff throughout CDCR regarding the tool’s use. Working closely

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with CDCR Information Technology staff, officials have made significant strides toward

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developing a system to notify stakeholders of telepsychiatry’s use under the provisional policy,

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but they have not been able to complete the tool given resource conflicts and operational

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exigencies posed by the COVID-19 pandemic. Additional time is needed so that CDCR can

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complete and validate the Telepsychiatry Resource Management Tool, train statewide institution

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staff to ensure accurate data entry, train headquarters staff to use the system and provide program

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oversight, and implement to tool throughout CDCR’s mental health program sites.

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On July 23, 2020, the parties met and conferred regarding an extension of the

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implementation period with the Special Master and members of his team. Based on the report

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provided by CDCR staff, the parties and Special Master agree that Defendants have been

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diligently working on development of the Telepsychiatry Resource Management Tool, and that

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giving Defendants additional time to complete and validate the tool and take further actions to

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implement it throughout CDCR is appropriate.

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Accordingly, the parties agree that the time for Defendants to complete the internal

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monitoring process and implement CDCR’s provisional telepsychiatry policy shall be extended

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by 30 days. If Defendants believe that a further extension of the implementation period is

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needed, they will meet and confer with Plaintiffs’ counsel and the Special Master concerning an

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extension. If no agreement is reached, Defendants may seek an order from the Court extending

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the implementation period.

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The Special Master has reviewed and concurs with this stipulation.

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IT IS SO STIPULATED.

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[3583898.3]

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Stip. & Order Approving Extension Re: CDCR’s Telepsychiatry Policy (2:90-cv-00520 KJM-DB (PC))

Case 2:90-cv-00520-KJM-DB Document 6789 Filed 07/27/20 Page 3 of 3
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Dated: July 24, 2020

XAVIER BECERRA
Attorney General of California
ADRIANO HRVATIN
Supervising Deputy Attorney General

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/S/ Kyle A. Lewis

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Kyle A. Lewis
Deputy Attorney General
Attorneys for Defendants

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Dated: July 24, 2020

ROSEN BIEN GALVAN & GRUNFELD LLP

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/S/ Lisa Ells
Lisa Ells
Attorneys for Plaintiffs

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IT IS SO ORDERED.
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DATED: July 25, 2020.

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[3583898.3]

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Stip. & Order Approving Extension Re: CDCR’s Telepsychiatry Policy (2:90-cv-00520 KJM-DB (PC))