Gilman v. Fisher, et al

Filing 405

ORDER signed by Judge Lawrence K. Karlton on 3/20/2012 ORDERING defendants SHALL file a reply to plaintiffs' response brief no later than 14 days from the issuance of this order.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD M. GILMAN, et al.,
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NO. CIV. S-05-830 LKK/GGH
Plaintiffs,

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v.
O R D E R

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EDMUND G. BROWN, JR., et al.,

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Defendants.
/

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On

November

30,

2011,

the

court

issued

the

report

of

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statistical expert Professor Richard Berk, ECF No. 384. In that

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report, Professor Berk declared that after a reasonable statistical

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analysis of the evidence submitted by plaintiff, Professor Berk

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could not conclude that there is likely to be a risk of prolonged

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incarceration under the procedural changes in Proposition 9, as

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compared to the pre-Proposition 9 procedures. The court granted

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leave to the parties to file supplemental briefing in response to

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Professor Berk’s report, and both parties have done so.

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In their response, plaintiffs argued that Professor Berk’s
conclusions

“are

based

on

a

fundamental
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misunderstanding

of

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Plaintiffs’ claims, and the nature of the evidence presented by

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Plaintiffs.” Pls.’ Response, ECF No. 391. Plaintiffs assert that

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the ex-post-facto claim in this case is about the timing of parole

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suitability hearings, and not about parole grant rates.

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The court finds it appropriate to give the defendants an

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opportunity to respond to the arguments raised in plaintiffs’

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response. Accordingly, defendants SHALL file a reply to plaintiffs’

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response brief no later than fourteen (14) days from the issuance

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of this order.

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IT IS SO ORDERED.

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DATED:

March 20, 2012.

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