Coleman, et al v. Schwarzenegger, et al

Filing 7695

ORDER signed by Chief District Judge Kimberly J. Mueller on 01/03/23 GRANTING 7693 Special Master's Request for Extension of Time; VACATING the part of paragraph 4 of the 7216 Court's 07/01/21 Order, requiring the Special Master to r eport his findings on the functionality and efficacy of the provisionally approved list of CQIT indicators as part of hisTwenty-Ninth Round Monitoring Report. By 06/30/23, the Special Master shall file a brief report on the status of data remediation generally and as it pertains to finalization of the list of CQIT indicators in particular. (Benson, A.)

Case 2:90-cv-00520-KJM-DB Document 7695 Filed 01/04/23 Page 1 of 2
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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 DB P

ORDER

GAVIN NEWSOM, et al.,
Defendants.

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On December 30, 2022, the Special Master filed a request for an extension of time to report

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to the court the functionality and efficacy of the provisionally approved list of Continuous Quality

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Improvement Tool (CQIT) indicators. ECF No. 7693. Currently the Special Master is required to

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“test and monitor the functionality and efficacy” of the provisionally approved CQIT indicators

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“during his Twenty-Ninth Monitoring Round and [to] report his findings to the court in his Twenty-

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Ninth Monitoring Round Report.” July 1, 2021 Order, ECF No. 7216, at 14. In his request for

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extension of time, the Special Master reports he has completed his Twenty-Ninth Monitoring

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Round using those indicators, “which were integrated into his monitoring process.” ECF No. 7693

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at 2. The Special Master also reports that finalization of the complete list of CQIT indicators “is

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progressing jointly” with the ongoing data remediation process, that “the efficacy and functionality

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Case 2:90-cv-00520-KJM-DB Document 7695 Filed 01/04/23 Page 2 of 2
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of the indicators is intertwined with data remediation,” and that “[a] complete list [of CQIT

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indicators] will only emerge at the conclusion of the data remediation project.” Id. He represents

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that an interim assessment of the functionality and efficacy of the CQIT indicators “would not

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provide the court with the information needed to decide whether to grant final approval.” Id.

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For the foregoing reasons, the Special Master requests that the court (1) vacate its order

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requiring a report on the functionality and efficacy of the CQIT indicators as part of the Special

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Master’s Twenty-Ninth Monitoring Round reporting; and (2) that the deadline for submission of

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such a report be extended to the conclusion of the data remediation project. The Special Master

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reports that defendants’ current data remediation activation schedules “indicate that all

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provisionally approved indicators should be remediated by the end of 2023” and that the parties are

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discussing steps that would enable completion of data remediation by that time. Id. at 3 n.5, 4 n.6.

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He also recommends “that he be directed to provide brief updates at intervals to be determined by

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the Court on the progress of the data remediation project.” Id. at 5. After review, and good cause

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appearing, the Special Master’s request will be granted and his recommendation adopted.

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In accordance with the above, IT IS HEREBY ORDERED that:
1. The Special Master’s December 30, 2022 request for extension of time, ECF No.
7693, is GRANTED;

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2. That part of paragraph 4 of the court’s July 1, 2021 order, ECF No. 7216,

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requiring the Special Master to report his findings on the functionality and

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efficacy of the provisionally approved list of CQIT indicators as part of his

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Twenty-Ninth Round Monitoring Report is VACATED; and

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3. On or before June 30, 2023, the Special Master shall file a brief report on the

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status of data remediation generally and as it pertains to finalization of the list

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of CQIT indicators in particular.

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DATED: January 3, 2023.

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