Coleman, et al v. Schwarzenegger, et al

Filing 7035

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/26/2021 ORDERING that [6978-1] Proposed Revisions to the 2009 Staffing Plan are APPROVED and may be implemented forthwith, and that [6978-1] Proposed Policy for use of psychiatric nurse practitioners in their mental health care delivery system is APPROVED and shall be implemented forthwith. (Huang, H)

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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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v.

No. 2:90-cv-0520 KJM KJN P

ORDER

GAVIN NEWSOM, et al.,
Defendants.

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In its order filed November 4, 2020, the court directed defendants to “make such

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minimal modifications to the Staffing Plan as are required to include a role for psychiatric nurse

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practitioners (PNPs) and to reflect the proposals made in the September 8, 2020 letter authored by

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Melissa Bentz, Esq.,” to “consult with the Special Master and the Task Force as appropriate to

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ensure that their proposed modifications are the product of consensus of all stakeholders to the

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maximum extent possible” and to file the proposed revisions and policy on or before December

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11, 2020. November 4, 2020 Order, ECF No. 6938, at 8. The court granted plaintiffs until

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December 15, 2020 to file any response. Id.

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On December 11, 2020, defendants timely filed the proposed revisions and policy,

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ECF No. 6978, and plaintiffs filed a response on December 15, 2020, ECF No. 6994.

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Defendants’ proposed revisions and policy were accompanied by a brief that was not responsive
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to the court’s direction in the November 4, 2020 order; for that reason, the court struck the brief.

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See December 24, 2020 Order, ECF No. 7003. Plaintiffs’ objections focus on issues beyond the

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scope of the proposed revisions or the proposed PNP policy, see ECF No. 6994, and so the court

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disregards them. To the extent those objections present concrete disputes that plaintiffs wish to

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tender to the court in aid of the required remedy in this case, the court has set out the process for

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seeking such resolution. See ECF No. 7003.

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Taking account of the above, the court’s review of the record shows that (1) the

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revisions proposed by defendants fall within the scope of the court’s November 4, 2020 order;

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(2) there are no objections to the proposed revisions themselves; and (3) there are no objections to

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the proposed PNP policy as written. Accordingly, the proposed revisions and the proposed PNP

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policy will be approved.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Defendants’ December 11, 2020 proposed revisions to the 2009 Staffing Plan,

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ECF No. 6978-1 at 3-5, are approved and may be implemented forthwith; and

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2. Defendants’ December 11, 2020 proposed policy for use of psychiatric nurse

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practitioners in their mental health care delivery system, ECF No. 6978-1 at

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7-27, is approved and shall be implemented forthwith.

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DATED: January 26, 2021.

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