Coleman, et al v. Schwarzenegger, et al

Filing 7187

ORDER signed by Chief District Judge Kimberly J. Mueller on 5/26/2021 ORDERING that the 1/29/2021 bench order is hereby modified to require defendants to notify the Special Master immediately whenever a determination is made that a project will be delayed and, not later than ten days after notice is provided to the Special Master, to file an activation schedule updated to reflect the new projected completion date.(Becknal, R)

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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 15 v. No. 2:90-cv-0520 KJM DB P ORDER GAVIN NEWSOM, et al., Defendants. 16 17 18 As required by court order, on January 15, 2021, defendants filed proposed 19 activation schedules for completion of court-ordered suicide prevention recommendations. ECF 20 No. 7024. On January 29, 2021, the court approved the proposed activation schedules with 21 specific direction to defendants to notify the Special Master “if any project runs thirty (30) days 22 past any due date set in any activation schedule.” ECF No. 7043. On May 4, 2021, the court 23 ordered defendants to file updated activation schedules complete with current updates to the 24 Actual Completion column. ECF No. 7150. On May 12, 2021, defendants timely filed updated 25 activation schedules. ECF No. 7160. 26 The updated activation schedules show that approved schedules for some of the 27 projects have been delayed. Defendants have appropriately included explanations for the various 28 delays. Good cause appearing, the January 29, 2021 bench order is hereby modified to require 1 1 defendants to notify the Special Master immediately whenever a determination is made that a 2 project will be delayed and, not later than ten days after notice is provided to the Special Master, 3 to file an activation schedule updated to reflect the new projected completion date.1 4 5 IT IS SO ORDERED. DATED: May 26, 2021. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 As the court noted at hearing, defendants’ representation in any activation schedule that a particular project is completed is subject to confirmation by the Special Master’s expert, Mr. Hayes, unless the representation clarifies that Mr. Hayes has confirmed completion. 2

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