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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RALPH COLEMAN, et al., 12 Plaintiffs, 13 14 No. 2:90-cv-0520 KJM DB P v. GAVIN NEWSOM, et al., 15 ORDER Defendants. 16 17 Plaintiffs have filed a motion for a 60-day continuance of the evidentiary hearing 18 19 concerning class member access to Department of State Hospital (DSH) programs. ECF No. 20 6797. The hearing was original set for April 21, 2020. ECF No. 6600. The parties have 21 stipulated to continue the hearing three times; all three stipulations have been approved by the 22 court. ECF Nos. 6622, 6676, 6734.1 Defendants oppose the instant motion, contending there is 23 no dispute defendants are complying with the terms of the court’s April 24, 2020 order 24 temporarily modifying Program Guide requirements for transfer of class members to DSH to 25 include COVID-19 screening and otherwise requiring compliance with Program Guide 26 requirements for such transfer. ECF No. 6639 at 11. Under all the circumstances, defendants 27 1 28 The court ordered one other continuance for a period of five days. See ECF No. 6730. 1 1 argue, it is a waste of time and resources to continue moving this hearing and they ask the court to 2 vacate it. 3 4 After consideration of the arguments of counsel and good cause appearing, IT IS HEREBY ORDERED that: 5 1. Plaintiffs’ motion to continue the evidentiary hearing regarding class member 6 access to Department of State Hospital inpatient programs is GRANTED; 7 2. The evidentiary hearing is CONTINUED from August 7, 2020 at 10:00 a.m. to 8 9 10 11 October 23, 2020 at 10:00 a.m.; and 3. 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. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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