Hecker v. California Department of Corrections and Rehabilitation et al

Filing 137

ORDER to SHOW CAUSE signed by Judge Kimberly J. Mueller on 12/19/14 ORDERING that on or before 1/15/2015, the parties shall show cause in writing why the notice to the Hecker class should not be posted forthwith in all inpatient program units in whi ch members of the Coleman class are housed or, in the alternative, certify by declaration that such notice has been posted. On or before 1/23/15, the parties shall file in this action and in Coleman v. Brown an agreed revised notice to the Coleman c lass. On or before 1/15/15, 2015, Plaintiffs shall either request voluntary dismissal of named Plaintiffs Robert Hecker, Christopher Lee Jenkins, Ying Watt, Askia Ashanti, Daniel Hunley, Michael Lovelace, Samuel D'Angelo, Jr., and Jon Schooley or show cause in writing why said Plaintiffs should not be dismissed from this action. In addition, by the same date Plaintiffs shall clarify whether named Plaintiffs John Mueller and Quinton Gray are currently incarcerated. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT HECKER, et al.,

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Plaintiffs,

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No. 2:05-cv-2441 KJM DAD P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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This matter came on for hearing on December 8, 2014 on the joint motion of the

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parties for final approval of the settlement agreement reached in this matter. Michael Bien, Esq.,

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Blake Thompson, Esq., and Claudia Center, Esq., appeared as counsel for the plaintiff class.

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Michael Quinn, Deputy Attorney General, appeared as counsel for defendants.
At the hearing, the court asked the parties for clarification concerning the

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effectiveness of notice to the class. The court finds the content of the notice provided to be

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adequate and notes the notice has been posted in the thirty-four state prisons in which class

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members are housed in a manner consistent with the posting requirements ordered by the court in

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the related case of Coleman v. Brown, No. 2:09-cv-0520.1 At any given time several hundred

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At the hearing, counsel represented to the court that the Coleman class and the Hecker classes are identical in terms
of the mentally ill inmate population covered by each class, and that the Hecker class is a subset of the Coleman class
to the extent the Hecker class is defined as inmates who have experienced discrimination as a result of their

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Coleman class members are housed in inpatient programs, with one operated by the California

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Department of Corrections and Rehabilitation (CDCR) and six operated by the California

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Department of State Hospitals (DSH). See Order filed July 11, 2013 (ECF No. 4688) at 2 n.3; see

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also Coleman v. Brown ECF No. 5249 (SEALED) (November 2014 Monthly Bed Utilization

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Report for DSH Facilities). Good cause appearing, the parties will be directed to show cause in

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writing why the notice to the Hecker class should not be posted forthwith in all inpatient program

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units in which members of the Coleman class are housed.

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The proposed order submitted by the parties includes a provision requiring them to
“agree on a revised Coleman notice advising class members that issues alleged” in Hecker “shall

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now be addressed in Coleman” and for defendants to affirm publication of said revised notice.

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Proposed Order (ECF No. 132-1). At the hearing, the court discussed with the parties whether

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this revised notice should be published prior to final approval of the settlement in this action. The

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court has not resolved that question. At the hearing the court indicated to the parties it is likely to

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give final approval to the settlement agreement but that, in an abundance of caution, such

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approval will be deferred until after February 17, 2015, the end of the notice period in the Class

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Action Fairness Act of 2005 (CAFA), 28 U.S.C. § 1715.2 Accordingly, good cause appearing the

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parties will be directed to submit the revised Coleman notice to the court by January 23, 2015.

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The court will, thereafter, determine whether the revised Coleman notice should be posted before

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or after final approval of the settlement agreement in this action.

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There are seventeen named plaintiffs in the second amended complaint (ECF No.

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35). Review of CDCR inmate locator records suggests that eight of those individuals are no

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longer housed in a California state prison. These individuals are Robert Hecker, Christopher Lee

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Jenkins, Ying Watt, Askia Ashanti, Daniel Hunley, Michael Lovelace, Samuel D’Angelo, Jr., and

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Jon Schooley. In addition, it is unclear whether named plaintiffs John Mueller and Quinton Gray

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are currently incarcerated.3 Good cause appearing, plaintiffs will be directed to show cause why

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psychiatric disorders.
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The court makes no finding that the parties were required to provide CAFA notice in this case. However,
defendants have provided such notice and plaintiffs represented they have no objection to delaying final approval in
this action until the end of the statutory notice period.
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There are individuals with these names currently incarcerated in CDCR institutions who were received into CDCR

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some or all of these named plaintiffs should not be dismissed. See Johnson v. Duffy, 588 F.2d

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740, 745 (9th Cir. 1978) (quoting Sosna v. Iowa, 419 U.S. 393, 403 (1975) (“A litigant must be a

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member of the class which he or she seeks to represent at the time the class action is certified by

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the district court.” ).

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Finally, the parties have responded to the court’s inquiry concerning the related

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case, Wilson v. Woodford, No. 2:05-cv-0876. (ECF No. 136.) The court will address the status of

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the Wilson matter following final approval of the settlement agreement in this action.

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

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1. On or before January 15, 2015, the parties shall show cause in writing why the

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notice to the Hecker class should not be posted forthwith in all inpatient program units in which

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members of the Coleman class are housed or, in the alternative, certify by declaration that such

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notice has been posted.

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2. On or before January 23, 2015, the parties shall file in this action and in
Coleman v. Brown an agreed revised notice to the Coleman class.

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3. On or before January 15, 2015, plaintiffs shall either request voluntary

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dismissal of named plaintiffs Robert Hecker, Christopher Lee Jenkins, Ying Watt, Askia Ashanti,

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Daniel Hunley, Michael Lovelace, Samuel D’Angelo, Jr., and Jon Schooley or show cause in

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writing why said plaintiffs should not be dismissed from this action. In addition, by the same date

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plaintiffs shall clarify whether named plaintiffs John Mueller and Quinton Gray are currently

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incarcerated.

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SO ORDERED.

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DATED: December 19, 2014.

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UNITED STATES DISTRICT JUDGE

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in 2013; the second amended complaint was filed in 2006.

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