Coleman, et al v. Schwarzenegger, et al

Filing 7521

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 3/30/2022 ORDERING that the requirement for Defendants to file monthly psychiatry vacancy reports that include vacancy rates for Chief Psychiatrists and Senior Psychiatrist Supervisor positions begin with the report due on 4/30/2022. (Huang, H)

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ROB BONTA, State Bar No. 202668
Attorney General of California
MONICA N. ANDERSON, State Bar No. 182970
Senior Assistant Attorney General
DAMON MCCLAIN, State Bar No. 209508
Supervising Deputy Attorney General
ELISE OWENS THORN, State Bar No. 145931
NAMRATA KOTWANI, State Bar No. 308741
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

HANSON BRIDGETT LLP
PAUL B. MELLO, State Bar No. 179755
SAMANTHA D. WOLFF, State Bar No. 240280
LAUREL E. O’CONNOR, State Bar No. 305478
DAVID C. CASARRUBIAS, State Bar No. 321994
1676 N. California Boulevard, Suite 620
Walnut Creek, CA 94596
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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RALPH COLEMAN, et al.,

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v.

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GAVIN NEWSOM, et al.,

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Case No. 2:90-cv-00520 KJM-DB (PC)
Plaintiffs, STIPULATION AND ORDER
EXTENDING THE DEADLINE TO ADD
NEW CLASSIFICATIONS TO THE
MONTHLY PSYCHIATRY VACANCY
REPORT UNDER THE MARCH 18, 2022
ORDER [ECF NO. 7504]
Defendants.

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Judge: The Hon. Kimberly J. Mueller

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The parties, through their counsel of record, stipulate to the following:
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On February 14, 2018, the Court ordered Defendants to file, on a monthly basis, a

report “identifying the psychiatrist vacancy rates at each CDCR institution and in the aggregate
systemwide . . . for the preceding month.” (ECF No. 5786 at 4.) The Reports must include the
“data for psychiatrist vacancies contained in the report titled Correctional Health Care Services
Mental Health Institution Vacancies: Summary by Institution by Classification.” (Id.) The Court
ordered Defendants to file the report by the 15th day of the month. (Id.)
[3653490.1]
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Stip. and Order Extending Deadline to Revise Psych. Vacancy Report (2:90-cv-00520 KJM-DB (PC))
17953079.1

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2.

On August 22, 2018, the Court approved a stipulation extending the reporting date to

the last court day of the month. (ECF No. 5886.)

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3.

On March 18, 2022, the Court ordered that Defendants, “[b]eginning with the next

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monthly psychiatry vacancy report and going forward, to include vacancy rates for Chief

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Psychiatrist and Senior Psychiatrist supervisor positions, as well as vacancy rates for Staff

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Psychiatrists. (ECF No. 7504 at 6.)

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4.

Due to the additional data required to be reported under the March 18 order and the

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short amount of time before the next monthly report, Defendants require additional time to

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produce the updated psychiatry vacancy report.

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5.

The parties met and conferred to discuss the required revised report under the March

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18 order, and Defendants represented that the psychiatry vacancy report to be filed on March 30

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will include the data required under the 2018 orders, but will not include vacancy rates for Chief

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Psychiatrist and Senior Psychiatrist supervisor positions. Defendants further represent that they

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will include the staffing allocation and fill rates for Chief Psychiatrists and Senior Psychiatrist

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Supervisor positions beginning with the psychiatry vacancy report due on April 30, 2022.

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6.

Therefore, the parties request that the requirement for Defendants to file monthly

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psychiatry vacancy reports that include vacancy rates for Chief Psychiatrists and Senior

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Psychiatrist Supervisor positions begin with the report due on April 30, 2022.

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[3653490.1]

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Stip. and Order Extending Deadline to Revise Psych. Vacancy Report (2:90-cv-00520 KJM-DB (PC))
17953079.1

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IT IS SO STIPULATED.
Dated: March 30, 2022

ROB BONTA
Attorney General of California
DAMON MCCLAIN
Supervising Deputy Attorney General

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/s/ Elise Owens Thorn
ELISE OWENS THORN
Deputy Attorney General
Attorneys for Defendants

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HANSON BRIDGETT LLP

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/s/ Samantha D. Wolff
PAUL MELLO
SAMANTHA D. WOLFF
Attorneys for Defendants

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ROSEN BIEN GALVAN & GRUNFELD LLP

Dated: March 30, 2022

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/s/ Lisa Ells
LISA ELLS
Attorneys for Plaintiffs

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IT IS SO ORDERED.
DATED: March 30, 2022.

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[3653490.1]

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Stip. and Order Extending Deadline to Revise Psych. Vacancy Report (2:90-cv-00520 KJM-DB (PC))
17953079.1