Plata et al v. Schwarzenegger et al

Filing 2581

ORDER to meet and confer re: 2580 Plaintiffs' motion regarding Valley Fever. Meet and confer between parties, Receiver, and court experts to be completed by 04/19/13. Briefing and hearing schedule vacated. Motion hearing, if necessary, continued to 06/17/13 at 10:00 AM in Courtroom 2, 17th Floor. Signed by Judge Thelton E. Henderson on 03/21/13. (tehlc3, COURT STAFF) (Filed on 3/21/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARCIANO PLATA, et al.,

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Plaintiffs,
v.

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EDMUND G. BROWN JR., et al.,

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ORDER TO MEET AND
CONFER RE: PLAINTIFFS’
MOTION REGARDING
VALLEY FEVER

Defendants.

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For the Northern District of California

United States District Court

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NO. C01-1351 TEH

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On March 20, 2013, Plaintiffs’ filed a motion concerning Valley Fever at Pleasant

13 Valley State Prison and Avenal State Prison. It is unclear from the papers whether the parties
14 have ever directly communicated about Plaintiffs’ concerns. See Specter Decl. (discussing
15 correspondence by Plaintiffs’ counsel to the Receiver, Secretary of the California
16 Department of Corrections and Rehabilitation (“CDCR”), and the Court’s experts, and
17 correspondence from the Receiver to Plaintiffs’ counsel, but not correspondence from
18 Defendants or their counsel to Plaintiffs’ counsel). In addition, the Court finds that the court
19 experts’ opinion would be helpful to the resolution of Plaintiffs’ motion.
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Accordingly, with good cause appearing, IT IS HEREBY ORDERED that the current

21 briefing and hearing schedule is VACATED. The parties shall meet and confer with each
22 other, the Receiver, and the court experts to attempt to resolve the issues raised by Plaintiffs’
23 motion. The Receiver shall facilitate this process, which shall be completed by April 19,
24 2013. If the parties can completely resolve or at least narrow their dispute, then they shall
25 file an appropriate stipulation on or before April 24, 2013. If any issues remain for
26 resolution by this Court, then the following shall be the schedule:
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1. Defendants’ opposition shall be filed on or before May 6, 2013.

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2. Plaintiffs’ reply shall be filed on or before May 13, 2013.

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3. The experts shall file a report expressing their opinion and recommendations on or

2 before May 24, 2013. If the Receiver wishes to file a response to Plaintiffs’ motion, he may
3 do so on or before the same date.
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4. The hearing shall be held on June 17, 2013, at 10:00 AM.

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Finally, the Court clarifies that the appointment of the Receiver superseded the

6 provisions of the June 13, 2002 Order Appointing Experts that allowed the parties to request
7 evaluations from the court experts or to request that the experts attend negotiations,
8 medication sessions, or court hearings.
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For the Northern District of California

United States District Court

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12 Dated: 03/21/13
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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