Coleman, et al v. Schwarzenegger, et al

Filing 7872

ORDER signed by Chief District Judge Kimberly J. Mueller on 7/10/23 ORDERING that on or before 7/18/23, the parties shall file the submissions and the joint statement required by this order. This matter is set for pre-hearing status conference on 8/10/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. On or before 8/4/23, the parties shall file the status reports required by this order. (cc: Kerry K. Dean, Deputy Chief, U.S. Dept of Justice) (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RALPH COLEMAN, et al.,

12
13
14
15

No. 2:90-cv-0520 KJM DB

Plaintiffs,

ORDER

v.
GAVIN NEWSOM, et al.,
Defendants.

16
17

The court has set this matter for hearing on September 29, 2023 at 10:00 a.m. in

18

Courtroom # 3 for consideration of findings of contempt and requirement of payment of fines that

19

have accumulated on or after May 16, 2017 for non-compliance with this court’s April 19, 2017

20

order requiring defendants to come into full and permanent compliance with Program Guide

21

timelines for transfer of inmate-patients to acute and intermediate care facility inpatient programs.

22

See generally February 28, 2023 Order, ECF No. 7741; see also March 27, 2023 Order, ECF

23

No. 7786. On the same date, the court also will consider findings of contempt and requirement of

24

payment of finds that have accumulated on or after March 31, 2023 for non-compliance with this

25

court’s October 10, 2017 order to fully implement defendants’ 2009 staffing plan and

26

modifications thereto, see generally February 28, 2023 Order, ECF No. 7742; see also generally

27

March 17, 2023 Order, ECF No. 7766, April 11, 2023 Order, ECF No. 7806, June 12, 2023

28

Order, ECF No. 7856, and June 23, 2023 Order, ECF No. 7861.
1

1

The court has set certain parameters for the September 29, 2023 hearing. See ECF

2

Nos. 7786, 7856, and 7861. Except as they may require further clarification, those orders are

3

confirmed.

4

In a court-ordered joint report concerning the contempt proceedings as they pertain to

5

fines resulting from non-compliance with timelines for transfer to inpatient care, filed March 21,

6

2023, the parties made the following representation:

7
8
9
10
11
12
13
14
15
16

The parties will file, on or before June 16, 2023, in separate submissions, their
respective positions regarding contempt findings and fines. The parties are assessing
the nature of the contempt described in the February order and reserve the right to
request adjustments to the plan set forth below as the facts and issues are further
developed. Additionally, Plaintiffs reserve the right to seek limited, expedited
discovery if appropriate once Defendants’ anticipated defenses are known.
Defendants reserve the right to include briefing on the issue of whether the
anticipated proceedings appear to be civil or criminal in nature.
ECF No. 7771, at 2. Neither party has filed a submission as represented.
Based on the court’s review, and good cause appearing, the court will direct the parties to

17

file on or before July 17, 2023 separate submissions containing their respective positions

18

regarding contempt findings and fines with respect to both timelines for transfer to inpatient care

19

and compliance with defendants’ 2009 Staffing Plan and modifications thereto. Defendants shall

20

include in their submission a brief statement of any defense they anticipate raising. Any

21

additional discovery suggested by any party’s submission shall be conducted so that it is

22

completed by August 29, 2023. The contempt proceedings are civil in nature, see ECF No. 5610

23

at 9-10; ECF No. 7742 at 3, and the court will not entertain briefing disputing the civil nature of

24

the proceedings or arguing they are in the nature of criminal proceedings.

25

In addition, on or before July 18, 2023, the parties shall file a joint statement addressing

26

the following: (1) Their respective positions on whether the court should bifurcate the hearing to

27

separate transfer timelines issues from staffing issues; and (2) If the parties agree the issues

28

should be bifurcated, which issue should proceed first.

29

The court now confirms that the parties will be allowed ten minutes of opening statement

30

for each issue. In addition, this matter will be set for pre-hearing status on Thursday August 10,

31

2023 at 10:00 a.m. in Courtroom # 3. On or before August 4, 2023, the parties shall file status
2

1

reports identifying with specificity the time each party anticipates for presentation of direct

2

evidence, cross-examination, and rebuttal evidence as to each issue and whether the hearing can

3

be completed in one day or, instead, whether the court will need to plan to continue the hearing

4

day by day.

5

In accordance with the above, IT IS HEREBY ORDERED that:

6

1.

7
8
9
10
11
12
13
14
15
16
17
18
19

On or before July 18, 2023, the parties shall file the submissions and the joint
statement required by this order;

2. This matter is set for pre-hearing status conference on August 10, 2023 at 10:00 a.m.
in Courtroom #3. On or before August 4, 2023, the parties shall file the status reports
required by this order; and
3. The Clerk of the Court is directed to serve a courtesy copy of this order on:
Kerry K. Dean, Deputy Chief
United States Department of Justice
Civil Rights Division
Special Litigation Section
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530.
DATED: July 10, 2023.

20
21

3