Coleman, et al v. Schwarzenegger, et al
Filing
6886
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/25/2020 DIRECTING the Defendants to file a report on staffing capacity within 7 days from the date of this order. Following the filing of the 6th Joint Updates, further updates shall be fi led every 4 weeks. The 10/23/2020 Evidentiary Hearing is CONFIRMED. Paragraph 3 of 6807 Order is MODIFIED to require the parties to file, on or before 10/9/2020, a joint statement identifying witnesses and documentary evidence to be offered at hearing. (Donati, J)
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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.,
ORDER
Defendants.
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The court held a videoconference hearing on September 24, 2020 to hear from the
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parties regarding defendants’ ongoing non-compliance with the court’s October 10, 2017 order
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governing mental health care staffing, ECF No. 5711; to also hear defendants’ August 31, 2020
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motion to modify court orders, ECF No. 6843; and for purposes of conducting the third quarterly
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status conference for 2020. This order addresses one item preliminary to further orders
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addressing the question of compliance with the October 10, 2017 order, resolves the parties’
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request to amend the schedule for filing joint updates on the work of the COVID-19 task force,
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and confirms the October 23, 2020 evidentiary hearing as previously set. Defendants’ motion to
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modify will be addressed in a separate order.
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At hearing, counsel for defendants represented that defendants could use the
number of mental health positions actually filled, including telepsychiatrists, contractors,
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psychiatric nurse practitioners (PNPs) and all providers who work under the supervision of a
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psychiatrist, to determine the size of the mental health population that can be served under the
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ratios required by the 2009 Staffing Plan.
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The 2009 Staffing Plan does not include a staffing ratio for PNPs and defendants
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have not yet formalized a policy in consultation with the Special Master outlining the role of
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PNPs in the provision of mental health care or their impact on the staffing ratios in the 2009
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Staffing Plan. Recognizing this, and also that there is basic agreement among the parties that
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PNPs have a role to play, albeit one requiring careful clarification, in the provision of mental
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health care to class members, defendants will be directed to file a report within seven days,
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prepared under the Special Master’s supervision, that describes with specificity and including
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charts as necessary the number of class members at each level of the Mental Health Care Delivery
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System (MHSDS) that can be served by the current filled mental health staffing positions using
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the positions and the ratios set out in the 2009 Staffing Plan, including telepsychiatrists as
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authorized under the provisionally approved telepsychiatry policy, as well as regular contractors,
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and allowing for a ten percent vacancy rate. Nothing in this order precludes defendants from also
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providing a second set of calculations that includes specific information about the number of class
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members at each level of the MHSDS that can be served if currently employed PNPs are included
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as providers. Should defendants choose to provide this second set of calculations they shall
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clearly identify the differences between the first set of calculations and the second set of
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calculations and describe with specificity the policy proposals for use of PNPs that underlie the
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second calculation. While the court remains open to an agreement of the parties approved by the
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Special Master concerning the use of PNPs, nothing in this order shall be construed as prior court
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approval of any such agreement or of the use of PNPs in achieving compliance with the October
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10, 2017 order absent such approval.
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Additionally, at the status conference, the parties requested an adjustment to the
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time for filing joint updates on the work of the COVID-19 Task Force. The court approved a one
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week extension for filing the Sixth Joint Update. ECF No. 6883. The Sixth Joint Update is now
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due Friday, October 2, 2020. Thereafter, the updates shall be filed every four weeks until further
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order of the court.
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With respect to the evidentiary hearing set for October 23, 2020, plaintiffs take the
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position the hearing should go forward; defendants disagree. After consideration of the
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arguments of counsel, and good cause appearing, the October 23, 2020 hearing date is confirmed.
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Paragraph 3 of the court’s August 3, 2020 order, ECF No. 6807, will be modified to require the
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parties to file a joint statement identifying witnesses and documentary evidence to be offered at
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hearing, with the joint statement filed on or before October 9, 2020.
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In accordance with the above, IT IS HEREBY ORDERED that:
1. Defendants shall file the report on staffing capacity described above within
seven days from the date of this order;
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2. Following the filing of the Sixth Joint Updates on the Work of the COVID-19
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Task Force on October 2, 2020, further Joint Updates shall be filed every four
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weeks;
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3. The evidentiary hearing set for October 23, 2020 is confirmed; and
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4. Paragraph 3 of the court’s August 3, 2020 order, ECF No. 6807, is modified to
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require the parties to file, on or before October 9, 2020, a joint statement
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identifying witnesses and documentary evidence to be offered at hearing.
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DATED: September 25, 2020.
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