Hecker v. California Department of Corrections and Rehabilitation et al

Filing 133

STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 12/3/2014 GRANTING Leave to file proposed order on Joint Motion for Final Approval of Settlement. (Donati, J)

1 CLAUDIA CENTER – 158255
AMERICAN CIVIL LIBERTIES UNION
2 FOUNDATION
DISABILITY RIGHTS PROGRAM
3 39 Drumm Street
San Francisco, California 94111
4 Telephone: [phone]
Facsimile: [phone]
[e-mail]
5 Email:

Kamala D. Harris
Attorney General of California
Jay C. Russell - 122626
Supervising Deputy Attorney General
OFFICE OF THE ATTORNEY GENERAL
455 Golden Gate Avenue, Suite 11000
San Francisco, California 94102
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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MICHAEL W. BIEN – 096891
7 ERNEST GALVAN – 196065
BLAKE THOMPSON – 255600
8 ROSEN BIEN GALVAN &
GRUNFELD LLP
9 315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
10 Telephone: [phone]
Facsimile: [phone]
[e-mail]
11 Email:
[e-mail]
[e-mail]
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Attorneys for Defendants

13 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA,

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SACRAMENTO DIVISION

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19 ROBERT HECKER, et al.,
Plaintiffs,

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v.

22 CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
23 et al.,
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Defendants.

Case No. 2:05-CV-02441 KJM DAD (PC)
STIPULATION AND [PROPOSED]
ORDER GRANTING LEAVE TO FILE
PROPOSED ORDER ON JOINT
MOTION FOR FINAL APPROVAL OF
SETTLEMENT
Judge: Hon. Kimberly J. Mueller
Trial Date:

Not Set

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[1110372-1]

JOINT STIPULATION AND ORDER GRANTING LEAVE TO FILE PROPOSED ORDER

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On August 7, 2014, this Court granted preliminary approval of a settlement in this

2 action. ECF No. 125. The Court also ordered that a Final Fairness Hearing shall be held
3 at 10:00 a.m. on Friday, December 5, 2014, to determine whether the settlement should be
4 granted final approval, further ordering that any briefing from the parties in advance of that
5 hearing be filed no later than November 21, 2014. Id. at 2-3.
6

The parties filed their Joint Motion for Final Approval of Settlement on November

7 21. Because the parties had not agreed on language for a proposed order to accompany
8 that motion, Plaintiffs and Defendants each submitted versions of proposed orders.
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After further discussions, the parties have now mutually agreed on language for a

10 proposed order, a copy of which is attached to this Stipulation. Accordingly, the parties
11 seek leave to file this joint proposed order as part of the pending Joint Motion for Final
12 Approval of Settlement.
13 Dated: November 24, 2014
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AMERICAN CIVIL LIBERTIES
FOUNDATION – DISABILITY RIGHTS
PROGRAM

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/s/ Claudia Center

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Claudia Center

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18

Dated: November 24, 2014

ROSEN BIEN
GALVAN & GRUNFELD LLP

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/s/ Blake Thompson

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21

Michael W. Bien
Ernest Galvan
Blake Thompson

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Attorneys for Plaintiffs

23 Dated: November 24, 2014

OFFICE OF THE ATTORNEY
GENERAL

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/s/ Jay C. Russell
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Jay C. Russell
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Attorneys for Defendants
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[1110372-1]

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JOINT STIPULATION AND ORDER GRANTING LEAVE TO FILE PROPOSED ORDER

ORDER

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Upon reading and considering the parties’ stipulation, IT IS SO ORDERED. The

4 parties are granted leave to file the Joint [Proposed] Order Granting Final Approval of
5 Settlement submitted with this Stipulation and Order. It is deemed filed and shall
6 accompany the parties Joint Motion for Final Approval of Settlement.
7
8 DATED: December 3, 2014.
9
10

UNITED STATES DISTRICT JUDGE

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[1110372-1]

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JOINT STIPULATION AND ORDER EXTENDING DEADLINES