Thompson v. Cate, et al

Filing 1583

ORDER REFERRING MOTION TO MAGISTRATE JUDGE VADAS AND VACATING HEARING (whalc2, COURT STAFF) (Filed on 1/14/2009)

1 2 3 4 5 6 7 8 9 10 ANDREW LANCASTER, JEFFERY MILLS, DEXTER WILLIAMS, WILLIAM DENNIS, STEVE LIVADITIS, JIMMY VAN PELT, H. LEE HEISHMAN III AND JOHNATON GEORGE, Plaintiffs, v. MATTHEW CATE, Acting Secretary, California Department of Corrections and Rehabilitation, and ROBERT L. AYERS, JR., Acting Warden, San Quentin State Prison, Defendants. / No. C 79-01630 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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ORDER REFERRING MOTION TO MAGISTRATE JUDGE VADAS AND VACATING HEARING

Following a February 2008 bench trial, in April 2008 the parties entered a stipulation detailing a plan to effectuate the consent decree's remaining provisions. Defendants now move to modify the provision of the stipulated plan which requires defendants to re-engineer the East Block showers. Defendants contend that the interim measure adopted -- "pony walls" -- has proven to be an effective solution to the concerns regarding the flow of water. The motion is REFERRED to Magistrate Judge Vadas for his report and recommendations regarding the motion to modify the April 2008 stipulation, to be completed within FOURTEEN DAYS of the entry of this order. The hearing scheduled for January 15, 2009 is VACATED.

Dated: January 14, 2009.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE