Coleman, et al v. Schwarzenegger, et al

Filing 7918

ORDER signed by Chief District Judge Kimberly J. Mueller on 8/14/23 ORDERING that the 7/28/23 stay of the VRJS/Falcon expert tours is CONTINUED until further order of court. Absent a court-approved stipulation of the parties governing resumption and conduct of the VRJS/Falcon tours, the court will further discuss with the parties possible resumption of the VRJS/Falcon tours following the conclusion of the proceedings beginning on 9/29/23. Defendants' oral request for a stay of this order is DENIED. (Kastilahn, A)

Case 2:90-cv-00520-KJM-DB Document 7918 Filed 08/14/23 Page 1 of 3
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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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On July 25, 2023, the court allowed the parties to file a joint statement and several

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declarations concerning their disputes over ongoing tours by a team of experts with Voorhis

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Robertson Justice Services (VRJS) and Falcon, Inc. (hereafter VRJS/Falcon). See ECF Nos.

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7880, 7883-7893. On July 28, 2023, the court ordered defendants to immediately suspend the

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tours pending further discussion at the August 10, 2023 pre-hearing status conference. July 28,

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2023 Order, ECF No. 7897. The court set out relevant history in that order and incorporates that

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history here by reference. Id. at 1-3.

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Previously, the court has set this matter for enforcement proceedings on September 29,

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2023, on two critical components of the remedy in this action: (1) timelines for transferring

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inmates to higher levels of care as needed, and (2) staffing of mental health care professional

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positions at levels sufficient to provide the required care. The court has set specific timeframes

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for discovery related to the September 29, 2023 proceedings. See March 27, 2023 Order, ECF
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Case 2:90-cv-00520-KJM-DB Document 7918 Filed 08/14/23 Page 2 of 3
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No. 7786, at 1-2; see also June 12, 2023 Order, ECF No. 7856, at 2-3; June 23, 2023 Order, ECF

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No. 7861, at 2. The court now has confirmed the September 29th proceedings, which will begin

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with an evidentiary hearing on the staffing issues, to be followed by a focused non-evidentiary

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hearing on transfer timeline issues. See August 11, 2023 Order, ECF No. 7916.

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During the pre-enforcement hearing conference, the court confirmed with the parties that

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the VRJS/Falcon tours are unrelated to the September 29, 2023 proceedings or the discovery

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authorized for those proceedings. While defendants’ counsel suggested defendants would be

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prejudiced if the tours remain suspended until conclusion of the enforcement proceedings, he did

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not explain in what way they would be prejudiced. It is not otherwise clear from the record which

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if any specific pending matters the VRJS/Falcon tours are related to or whether at this late stage

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of these remedial proceedings the tours are a form of discovery for which leave of court is

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required.

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In this long-running case, it is critically important that all the parties’ and the court’s

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resources remain focused on preparing to address the issues presented by the upcoming

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enforcement proceedings. The court therefore confirms its bench order issued at the pre-

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enforcement hearing conference, that VRJS/Falcon tours will remain suspended until further

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order of court unless the parties arrive at a stipulation governing the conduct of those tours and

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the court approves any such stipulation. In the absence of such an approved stipulation, the court

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will have a further discussion with the parties about resumption of the VRJS/Falcon tours,

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including the schedule for motion practice as necessary, following the conclusion of proceedings

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beginning on September 29, 2023. The court also hereby confirms its bench order denying

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defendants’ oral request for a stay of the continued suspension of the VRJS/Falcon tours.

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

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1.

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order of court.
2.

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The July 28, 2023 stay of the VRJS/Falcon expert tours is CONTINUED until further

Absent a court-approved stipulation of the parties governing resumption and conduct
of the VRJS/Falcon tours, the court will further discuss with the parties possible

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Case 2:90-cv-00520-KJM-DB Document 7918 Filed 08/14/23 Page 3 of 3
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resumption of the VRJS/Falcon tours following the conclusion of the proceedings

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beginning on September 29, 2023.

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3. Defendants’ oral request for a stay of this order is DENIED.
DATED: August 14, 2023.

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