Coleman, et al v. Schwarzenegger, et al

Filing 7791

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/20/2023 EXTENDING 7766 Defendants request that deadline for Defendants to file the amended staff vacancy reports required under the March 17 order to March 29, 2023. (Reader, L)

Case 2:90-cv-00520-KJM-DB Document 7791 Filed 03/31/23 Page 1 of 3
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ROB A. BONTA, State Bar No. 202668
Attorney General of California
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

PAUL B. MELLO, State Bar No. 179755
SAMANTHA D. WOLFF, State Bar No. 240280
KAYLEN KADOTANI, SBN 294114
DAVID C. CASARRUBIAS, SBN 321994
CARSON R. NIELLO, SBN 329970
HANSON BRIDGETT LLP
1676 N. California Boulevard, Suite 620
Walnut Creek, CA 94596
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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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v.

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Case No. 2:90-cv-00520 KJM-DB (PC)

RALPH COLEMAN, et al.,

GAVIN NEWSOM, et al.,

Plaintiffs, STIPULATION AND ORDER
EXTENDING THE TIME TO FILE
AMENDED MONTHLY STAFFING
VACANCY REPORTS FOR DECEMBER
2022 IN RESPONSE TO MARCH 17, 2023
ORDER [ECF NO. 7766]
Defendants. Judge: The Hon. Kimberly J. Mueller

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[4258483.1]

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Stip. and Order Extend. Time to File Amended Reports under March 17 Order (2:90-cv-00520 KJM-DB (PC))

Case 2:90-cv-00520-KJM-DB Document 7791 Filed 03/31/23 Page 2 of 3
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On March 17, 2023, the Court ordered Defendants to file an amended version of the

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monthly mental health staffing vacancy report filed February 9, 2023 (ECF No. 7717), which

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“shall report mental health vacancy data for positions allocated and filled under the 2009 Staffing

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Plan and modifications thereto separately from positions allocated and filled under the CDCR PIP

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Staffing Plan, and shall include vacancy data for the medical assistant classification.” (ECF

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No. 7766.) The Court has requested the amended reports so that it can correct the following

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statement from p. 2 lines 12-17 of the 2/28/23 order on staffing:

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As of December 2022, defendants have a total of 2,395.5 allocated
mental health staff positions. More than ten percent of those
positions are vacant across all classifications; the vacancy rate
among psychiatrists is eighteen percent, the vacancy rate among
psychologists is thirty-three percent, the vacancy rate among social
workers is thirty-one percent, the vacancy rate among recreation
therapists is fourteen percent, and the vacancy rate among medical
assistants is twenty-seven percent.

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(ECF No. 7717 at 2:12-17.)
To respond to the Court’s order for staffing data required to correct the February 28 order,

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Defendants need to prepare a revised report that separates out the staffing positions allocated

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under the 2009 Staffing Plan from those allocated under the PIP Staffing Plan. The March 13,

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2023 order requires Defendants to file this expanded report by March 24, 2023. (ECF No. 7766

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at 2.) Defendants represent that they are working diligently to compile the data necessary to

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prepare the expanded report, but cannot complete this task within the five working days afforded

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under the March 17 order. Defendants approached the Plaintiffs concerning their need for

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additional time to prepare and file the expanded report. Specifically, Defendants requested a

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three business day extension of time, or until March 29, 2023, in which to file the amended

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vacancy report covering the month of December 2022. Plaintiffs do not oppose this brief

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extension request.

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[4258483.1]

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Stip. and Order Extend. Time to File Amended Reports under March 17 Order (2:90-cv-00520 KJM-DB (PC))

Case 2:90-cv-00520-KJM-DB Document 7791 Filed 03/31/23 Page 3 of 3
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Accordingly, Defendants request that the Court extend the deadline for Defendants to file
the amended staff vacancy reports required under the March 17 order to March 29, 2023.
IT IS SO STIPULATED.
Dated: March 24, 2023

ROB A. 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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Dated: March 24, 2023

HANSON BRIDGETT LLP

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

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Dated: March 24, 2023

ROSEN BIEN GALVAN & GRUNFELD LLP

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/s/ Jenny Yelin
JENNY YELIN
Attorneys for Plaintiffs

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IT IS SO ORDERED.

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DATED: March 20, 2023.

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[4258483.1]

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Stip. and Order Extend. Time to File Amended Reports under March 17 Order (2:90-cv-00520 KJM-DB (PC))