Clark, et al v. State of California, et al

Filing 508

ORDER to extend time re 507 Stipulation filed by State of California Motions due by 1/21/2011.. Signed by Judge Charles R. Breyer on 12/16/2010. (be, COURT STAFF) (Filed on 12/17/2010)

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EDMUND G. BROWN JR. Attorney General of California JONATHAN L. WOLFF Senior Assistant Attorney General DANIELLE F. O'BANNON Deputy Attorney General JOSE A. ZELIDON-ZEPEDA Deputy Attorney General State Bar No. 227108 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants State of California, et al. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DERRICK CLARK, et al.,

C 96-1486 CRB Plaintiffs, STIPULATION TO EXTEND TIME FOR REMEDIAL PLAN AND MOTION FOR ATTORNEY'S FEES; [PROPOSED] ORDER Judge The Honorable Charles R. Breyer Action Filed: April 22, 1996

v. STATE OF CALIFORNIA, et al.,

Defendants.

1.

On September 16, 2010, this Court issued its Findings of Facts and Conclusions of

Law denying Defendants' Motion to Terminate the Settlement Agreement. The Court further ordered Defendants to submit a plan to plaintiffs' counsel and the Court experts by December 15, 2010 to address the Court's order for further relief. Findings and Conclusions, at 105. 2. Since the issuance of the Findings and Conclusions, the parties have conducted

joint tours of three institutions designated to house class members in order to evaluate conditions and gather information about the most effective remedies for the problems identified by the
1 Stip. Re: Rem. Plan; [Prop.] Order (C 96-1486 CRB)

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Court. The parties last met on December 7, 2010 to discuss the timing and method of complying with the Court's orders. During that meeting the parties agreed on a general framework for developing further plans, including the hiring of an expert by Defendants to assist in evaluating methods of identifying class members and other aspects of Defendants' compliance efforts. That framework includes periodic meetings between the parties and a commitment from Defendants to share remedial proposals on a regular basis. The parties also agreed that a comprehensive and effective plan to address the issues identified by the Court could not be produced under this framework by the December 15 deadline previously established. 3. The parties also have been engaged in negotiations on plaintiffs' request for attorneys' fees. Plaintiffs have provided defendants time runs and itemized costs and defendants have responded with objections. The parties are continuing to negotiate this issue. Therefore, the parties, through their respective counsel, hereby stipulate as follows: a. Defendants shall submit their plan, including a draft of the audit tool, to the Court's experts and to the Prison Law office, by March 15, 2011; b. The parties shall meet regularly to discuss progress on Defendants' plan; c. Defendants shall retain Joan Petersilia to evaluate methods of identifying class members and other aspects of Defendants' compliance efforts; /// ///

2 Stip. Re: Rem. Plan; [Prop.] Order (C 96-1486 CRB)

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d. Plaintiffs' motion for attorneys fees shall be filed, if necessary, on or before January 21, 2011. IT IS SO STIPULATED. Dated: December 15, 2010 __/s/______________________ Donald Specter, Esq. Prison Law Office Attorney for Plaintiffs __/s/______________________ Jose A. Zelidon-Zepeda California Attorney General's Office Attorneys for Defendants

Dated: December 15, 2010

PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED.

Dec. 16, 2010 Dated: ______________

UNIT ED

S DISTRICT TE C ___________________________ TA Charles R. Breyer Honorable
United States District Judge

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