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

Filing 514

ORDER regarding participation in defendants' strike teams re 513 Stipulation filed by State of California. Signed by Judge Charles R. Breyer on 7/22/2011. (beS, COURT STAFF) (Filed on 7/22/2011)

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Case3:96-cv-01486-CRB Document513 1 2 3 4 5 6 7 8 Filed07/19/11 Page1 of 3 KAMALA D. HARRIS 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: (415) 703-5781 Fax: (415) 703-5843 E-mail: Jose.ZelidonZepeda@doj.ca.gov Attorneys for Defendants State of California, et al. 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 DERRICK CLARK, et al., C 96-1486 CRB Plaintiffs, STIPULATION REGARDING PLAINTIFFS’ COUNSEL’S PARTICIPATION IN DEFENDANTS’ STRIKE TEAMS; [PROPOSED] ORDER 15 16 17 18 v. STATE OF CALIFORNIA, et al., Judge The Honorable Charles R. Breyer Action Filed: April 22, 1996 Defendants. 19 20 21 The parties stipulate that: 22 1. On September 16, 2010, this Court issued its Findings of Facts and Conclusions of Law 23 24 25 26 denying Defendants’ Motion to Terminate the Settlement Agreement. (Doc. 500.) 2. Since that date, the parties have conferred about steps to address the issues identified by the Court in its Findings of Fact and Conclusions of Law. 3. Defendants have developed “strike teams” composed of CDCR staff and administrators 27 to travel to the various institutions housing inmates in the Developmental Disability Program to 28 improve compliance with the Clark Remedial Plan and this Court’s orders. 1 Stip. Re: Strike Teams (C 96-1486 CRB) Case3:96-cv-01486-CRB Document513 1 2 Filed07/19/11 Page2 of 3 4. Plaintiffs’ counsel will be participating as part of the “strike team” concept at these institutions. 3 5. The parties agree that they will not use any information learned or evidence gathered 4 during these “strike team” visits for any litigation purpose. The parties further agree that such 5 information or evidence shall be deemed inadmissible under Federal Rule of Evidence 408. 6 7 6. This stipulation does not bind Defendants to implement or maintain the “strike teams,” or their current composition. 8 9 10 Dated: 7/19/2011 /s/ Sara Norman Sara Norman, Esq. Prison Law Office Counsel for Plaintiffs Dated: 7/19/2011 /s/ Jose A. Zelidon-Zepeda Jose A. Zelidon-Zepeda California Attorney General’s Office Counsel for Defendants 11 12 13 15 16 July 22, 2011 Dated: __________ UNIT ED S 20 NO 23 O ORD IT IS S harle Judge C United States District Judge 21 22 RT U O S DISTRICT TE C _____________________________ TA Honorable Charles R. Breyer CF1997CS0006 20446361.doc RT 24 ERED 26 yer s R. Bre ER H 25 R NIA 19 Per the parties’ stipulation, IT IS SO ORDERED. FO 18 LI 17 A 14 N F D IS T IC T O R C 27 28 2 Stip. Re: Strike Teams (C 96-1486 CRB)

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