Coleman, et al v. Schwarzenegger, et al

Filing 7916

ORDER signed by Chief District Judge Kimberly J. Mueller on 08/11/2023 regarding Pre-Hearing Status Conference in advance of enforcement proceedings set for 9/29/2023 on two critical components of the remedy in this action. (Spichka, K.)

Case 2:90-cv-00520-KJM-DB Document 7916 Filed 08/11/23 Page 1 of 4
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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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No. 2:90-cv-0520 KJM DB P

Plaintiffs,

ORDER

v.
GAVIN NEWSOM, et al.,
Defendants.

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The court held a pre-hearing status conference on August 10, 2023, in advance of

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enforcement proceedings set for September 29, 2023 on two critical components of the remedy in

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this action: (1) timelines for transferring inmates to higher levels of care as needed, and

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(2) staffing of mental health care professional positions at levels sufficient to provide the required

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care. The parties had previously agreed hearing on the issues should be bifurcated and that the

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transfer timelines issue should proceed first. ECF No. 7875 at 2. On August 9, 2023, the parties

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filed a stipulation and proposed order to continue the enforcement proceedings as to the transfer

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timelines for a period of six months, to on or about March 22, 2024. ECF No. 7908. As the court

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indicated at the August 10, 2023 pre-hearing status conference, the September 29, 2023

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enforcement hearing will proceed as to the staffing issue, and the hearing on transfer timelines

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will proceed as modified by this order.

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Case 2:90-cv-00520-KJM-DB Document 7916 Filed 08/11/23 Page 2 of 4
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I.

STAFFING

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The court previously has established procedures and parameters that pertain to the

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September 29, 2023 hearing in several orders: the court filed those orders on November 6, 2017,

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ECF No. 5726; March 27, 2023, ECF No. 7786; June 12, 2023, ECF No. 7861; and

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July 11, 2023, ECF No. 7872. As the court discussed with the parties at the pre-hearing status

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conference, the following additional parameters and requirements will also apply:


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Each party will be allowed to give an opening statement not to exceed ten minutes
in addition to the opening briefs that are due by noon on September 19, 2023.

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

Opening briefs on staffing shall be limited to twenty pages.

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

Live witness testimony will be the default, absent a stipulation of the parties

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providing for a different mode of testimony for a specific witness or witnesses.


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On or before September 8, 2023 at 12:00 p.m. the parties shall file a detailed

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witness list that includes the order of witnesses and the anticipated time for each

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witness’s testimony, inclusive of direct, cross-examination, and rebuttal. In view

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of the changes to the scope of hearing confirmed here, the parties should include in

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their opening briefs a succinct statement of the extent to which, if at all, the court’s

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November 6, 2017 order applies.

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II.

TIMELINES FOR TRANSFER TO INPATIENT CARE
As noted above, on August 9, 2023, the parties filed a stipulation and proposed order to

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continue the enforcement proceedings as to the timelines for transfer to inpatient care for a period

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of six months, to on or about March 22, 2024. ECF No. 7908. The basis for the request is the

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decline in inpatient referrals out of compliance with required timelines between April 2023 and

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July 2023 and the parties’ agreements that (1) defendants should be given more time “to

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demonstrate sustained compliance” and (2) the parties will meet and confer about defendants’

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Least Restrictive Housing Policy and practices. Id. at 2.

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While the court makes no findings at this time about the length of time compliance must

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be demonstrated to show defendants have achieved a durable remedy, the court accepts the

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parties’ agreement that the most recent data suggests contempt proceedings on this issue may be
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Case 2:90-cv-00520-KJM-DB Document 7916 Filed 08/11/23 Page 3 of 4
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premature if defendants can achieve compliance and sustain that compliance for a sufficient

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period of time. As the court discussed with the parties at the pre-hearing status conference, with

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the concurrence of the parties, the court will convert the currently scheduled enforcement

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proceedings on transfer timelines to a hearing covering essential updates on defendants’ progress

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toward compliance with this important component of the remedy. Specifically, by noon on

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September 19, 2023, the parties shall file a joint report containing the following with respect to

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the transfer timeline issue:

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A bar graph showing the monthly levels of compliance/non-compliance from
May 16, 2017 through September 15, 2023.

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Statements of their respective positions on the specific steps required for sustained

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compliance with the transfer timelines, as well as which steps have been

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accomplished by the time of the filing and which remain to be accomplished.

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As to each step, the reason or reasons for the parties’ level of confidence each step

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will be achieved sufficiently to support durable compliance with the transfer

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timelines to inpatient care.

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A discussion of obstacles, if any, to sufficient achievement of particular steps.

In addition, the court modifies the monthly waitlist requirement going forward, as follows:

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In any month in which one or more inmate-patient waits past Program Guide timelines and is not

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subject to any court-approved exception, defendants shall include a statement of the reason(s) for

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each delay.

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Finally, the court ordered the most recent Unmet Bed Needs Assessment to focus on

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issues that bear directly on the availability of inpatient and mental health crisis beds. September

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13, 2021 Order, ECF No. 7305. Findings in the report on that study and the parties’ briefing

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thereon are likely connected to issues related to sustainability of compliance with timely transfers

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to higher levels of care. Defendants have now filed the report on that assessment, ECF No. 7865-

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3, and briefing thereon will be complete by September 4, 2023. See ECF No. 7905. The parties

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shall be prepared at the time of the hearing beginning on September 29, 2023, following the close

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of evidence on staffing enforcement, to address issues raised in the joint report required by
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Section II of this order, any delayed transfers reported between now and the time of hearing, and

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issues raised by the Unmet Bed Needs Assessment Report and the parties’ briefing thereon.

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IT IS SO ORDERED.
DATED: August 11, 2023.

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