Coleman, et al v. Schwarzenegger, et al

Filing 7191

ORDER signed by Chief District Judge Kimberly J. Mueller on 6/2/2021 GRANTING 7146 Plaintiff-Intervenor Lipsey's Motion for leave to conduct discovery. Fact Discovery by 10/29/2021. See 7130 Joint Statement. The parties shall disclose expert s by 11/19/2021, and shall disclose rebuttal experts by 12/3/2021. All expert discovery shall be completed by 12/17/2021. Dispositive and Daubert Motions filed and served by 1/7/2022. If necessary, an evidentiary hearing will be set for a date in May 2022 by subsequent order of the court.(Reader, L) Modified on 6/3/2021 (Reader, 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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v.

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

ORDER

GAVIN NEWSOM, et al.,
Defendants.

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As permitted by court order, ECF No. 7134, plaintiff-intervenor Christopher

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Lipsey (hereafter Lipsey) has filed a motion for leave to conduct discovery. ECF No. 7146.

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Defendants oppose the motion, ECF No. 7165, and Lipsey has filed a reply, ECF No. 7181. After

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review of the papers, and good cause appearing, the court finds as follows.

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First, defendants do not dispute Lipsey’s contention that discovery can be and has

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been authorized in these remedial proceedings. Instead, defendants argue that discovery should

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either be denied in light of information already available to Lipsey and in view of defendants’

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offer to provide informal responses to “specific questions,” ECF No. 7165, or limited to discovery

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focused on the claim for which intervention has been authorized: that the Guard One suicide

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prevention monitoring system “causes sleep deprivation in violation of the Eighth Amendment to

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the United States Constitution.” ECF No. 6487 at 3.1 In reply, Lipsey agrees that discovery is

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limited to the foregoing claim in intervention and contends the purpose of the instant motion is

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only to seek permission to propound discovery; Lipsey also contends that disputes over specific

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requests should be resolved as necessary once the parties have met and conferred and, as

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necessary, sought the court’s resolution. ECF No. 7181 at 4.

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In granting Lipsey’s motion to intervene, the court found his claim “presents a

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question of law and fact directly relevant to the implementation of the remedial plan in this case.”

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ECF No. 6487 at 3. To the extent resolution of the factual question requires additional discovery

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to ensure its fair presentation and resolution, such discovery should and will be permitted. As the

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parties correctly agree, such discovery will be limited to the Eighth Amendment claim presented

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in Lipsey’s Complaint in Intervention, ECF No. 6941. The court will resolve disputes, if any,

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about specific discovery requests if and when they are presented to the court in accordance with

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the applicable Federal Rules of Civil Procedures and Local Rules of Court.

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The parties also have filed a joint statement regarding a proposed schedule to

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adjudicate Lipsey’s claim, ECF No. 7130; the proposed schedule will be approved and adopted in

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this order, as set forth below.

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In accordance with the above and good cause appearing, IT IS HEREBY

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ORDERED that:

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1.

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7146, is GRANTED;

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2.

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2021. See ECF No. 7130.

Plaintiff-intervenor Lipsey’s motion for leave to conduct discovery, ECF No.

All fact discovery shall be conducted so that it is completed by October 29,

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Lipsey has already been granted leave to “conduct limited discovery to obtain
information from which to identify the administrative complaints filed by both Coleman class
members and non-class member inmates related to the use of Guard One at all CDCR institutions
where it is currently in use.” ECF No. 6487 at 4.
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3. The schedule proposed by the parties in the Joint Statement filed April 19,

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discovery deadline set in paragraph 2 above:

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a. The parties shall disclose experts on or before November 19, 2021;

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b. The parties shall disclose rebuttal experts on or before December 3,

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2021;

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c. All expert discovery shall be completed by December 17, 2021;

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d. Dispositive and Daubert motions shall be filed and served on or before

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January 7, 2022, and shall be noticed for hearing and briefing in accordance with

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the provisions of Local Rule 230.
e. If necessary, an evidentiary hearing will be set for a date in May 2022
by subsequent order of court.
DATED: June 2, 2021.

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