Coleman, et al v. Schwarzenegger, et al

Filing 7861

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 6/22/2023 MODIFYING the 3/27/2023 and 6/12/2023 orders as follows: parties shall exchange any expert witness reports no later than 8/31/2023; Expert witness depositions shal l be completed within 14 days of disclosure; Motions related to the admissibility of proposed expert testimony, if any, shall be filed not later than 7 days prior to the hearing; and the deadline to disclose fact witnesses and expert witnesses, as well as the subject of the anticipated testimony shall remain unchanged. All other deadlines under the March 27 and June 12 order shall remain unchanged. (Perdue, C.)

Case 2:90-cv-00520-KJM-DB Document 7861 Filed 06/23/23 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

HANSON BRIDGETT LLP
PAUL B. MELLO, State Bar No. 179755
SAMANTHA D. WOLFF, State Bar No. 240280
KAYLEN KADOTANI, SBN 294114
LAUREL E. O’CONNOR, SBN 305478
DAVID C. CASARRUBIAS, SBN 321994
CARSON R. NIELLO, SBN 329970
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.,

v.

Case No. 2:90-cv-00520 KJM-DB (PC)
Plaintiffs, STIPULATION AND ORDER
MODIFYING PRE-HEARING
DEADLINES UNDER JUNE 12 ORDER
[ECF NO. 7856]

GAVIN NEWSOM, et al.,

Judge: The Hon. Kimberly J. Mueller
Defendants.

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On June 12, 2023, the Court issued an order setting a hearing for September 29, 2023 for

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consideration of findings of contempt and payment of fines related to mental health staffing

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vacancies. The hearing and pre-hearing schedule hearing will be conducted on the same schedule

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ordered for the contempt proceedings related to compliance with inpatient transfer timelines set in

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the Court’s March 27, 2023 order. (ECF No. 7786 at 1-2.) Both orders require the parties to

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disclose fact witnesses, as well as the subject of the anticipated testimony, sixty days prior to the

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hearing date and to disclose any expert witnesses as provided by Federal Rule of Civil Procedure

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26(a)(2), including exchanging the reports required by that rule, no later than sixty days prior to

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the hearing date. These deadlines provide less than six weeks from the June 12 order for any
19681041.1 [4222782.1]
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Stip. and Order Modifying Pre-Hearing Deadlines Under the June 12 Order (2:90-cv-00520 KJM-DB (PC))

Case 2:90-cv-00520-KJM-DB Document 7861 Filed 06/23/23 Page 2 of 3
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experts to conduct the work needed to develop and support their opinions and prepare their

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reports. Given the nature and the seriousness of the contempt proceedings and the amount of

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fines in question, Defendants requested that Plaintiffs agree to continue the deadline for the

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disclosure of expert reports. Plaintiffs have agreed to Defendants’ request.

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Accordingly, the parties request that the Court modify the March 27 and the June 12 orders
as follows:

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1.

The parties shall exchange any expert witness reports required by Federal Rule of

Civil Procedure 26(a)(2) no later than August 31, 2023;

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2.

Expert witness depositions shall be completed within 14 days of disclosure;

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3.

Motions related to the admissibility of proposed expert testimony, if any, shall be

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filed not later than 7 days prior to the hearing; and

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4.

The deadline to disclose fact witnesses and expert witnesses, as well as the subject of

the anticipated testimony shall remain unchanged.

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All other deadlines under the March 27 and June 12 order shall remain unchanged. The

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parties agree to work together and consent to reasonable scheduling requests to complete the pre-

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hearing requirements in a timely manner.

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IT IS SO STIPULATED.

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//

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//

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19681041.1 [4222782.1]

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Stip. and Order Modifying Pre-Hearing Deadlines Under the June 12 Order (2:90-cv-00520 KJM-DB (PC))

Case 2:90-cv-00520-KJM-DB Document 7861 Filed 06/23/23 Page 3 of 3
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Dated: June 20, 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: June 20, 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: June 20, 2023

ROSEN BIEN GALVAN & GRUNFELD LLP

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/s/ Ernest Galvan
ERNEST GALVAN
Attorneys for Plaintiffs

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IT IS SO ORDERED.

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DATED: June 22, 2023.

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19681041.1 [4222782.1]

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Stip. and Order Modifying Pre-Hearing Deadlines Under the June 12 Order (2:90-cv-00520 KJM-DB (PC))