Coleman, et al v. Schwarzenegger, et al
Filing
6807
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/3/2020 GRANTING 6797 Motion to continue the evidentiary hearing. The Evidentiary Hearing is CONTINUED from 8/7/2020 to 10/23/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. On or before 10/9/2020, the parties shall file a joint statement setting forth their respective positions regarding whether the hearing should proceed. (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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No. 2:90-cv-0520 KJM DB P
v.
GAVIN NEWSOM, et al.,
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ORDER
Defendants.
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Plaintiffs have filed a motion for a 60-day continuance of the evidentiary hearing
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concerning class member access to Department of State Hospital (DSH) programs. ECF No.
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6797. The hearing was original set for April 21, 2020. ECF No. 6600. The parties have
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stipulated to continue the hearing three times; all three stipulations have been approved by the
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court. ECF Nos. 6622, 6676, 6734.1 Defendants oppose the instant motion, contending there is
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no dispute defendants are complying with the terms of the court’s April 24, 2020 order
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temporarily modifying Program Guide requirements for transfer of class members to DSH to
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include COVID-19 screening and otherwise requiring compliance with Program Guide
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requirements for such transfer. ECF No. 6639 at 11. Under all the circumstances, defendants
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The court ordered one other continuance for a period of five days. See ECF No. 6730.
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argue, it is a waste of time and resources to continue moving this hearing and they ask the court to
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vacate it.
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After consideration of the arguments of counsel and good cause appearing, IT IS
HEREBY ORDERED that:
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1. Plaintiffs’ motion to continue the evidentiary hearing regarding class member
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access to Department of State Hospital inpatient programs is GRANTED;
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2. The evidentiary hearing is CONTINUED from August 7, 2020 at 10:00 a.m. to
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October 23, 2020 at 10:00 a.m.; and
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On or before October 9, 2020, the parties shall file a joint statement setting
forth their respective positions regarding whether the hearing should proceed.
DATED: August 3, 2020.
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