Plata et al v. Schwarzenegger et al

Filing 2719

ORDER to meet and confer. The Honorable Peter Siggins will immediately begin facilitating a confidential meet-and-confer process between the parties and report to the Court by 10/21/13. The 12/31/13 deadline to comply with the population reduction order is extended to 01/27/14. Signed by Judges Stephen Reinhardt, Lawrence K. Karlton, and Thelton E. Henderson on 09/24/13. (tehlc3, COURT STAFF) (Filed on 9/24/2013)

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1 2 3 IN THE UNITED STATES DISTRICT COURTS 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 5 AND THE NORTHERN DISTRICT OF CALIFORNIA 6 UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES 7 PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE 8 9 RALPH COLEMAN, et al., 10 Plaintiffs, NO. CIV S-90-0520 LKK JFM P 11 v. 12 EDMUND G. BROWN JR., et al., 13 Defendants. THREE-JUDGE COURT 14 15 MARCIANO PLATA, et al., Plaintiffs, 16 NO. C01-1351 TEH THREE-JUDGE COURT 17 v. 18 EDMUND G. BROWN JR., et al., 19 Defendants. ORDER TO MEET AND CONFER 20 21 This Court has ordered defendants to reduce the state prison population to no more 22 than 137.5% design capacity by December 31, 2013. On September 16, 2013, defendants 23 filed a request to extend that deadline to December 31, 2016, and informed the Court that, 24 absent an extension, they will begin sending additional prisoners to out-of-state facilities on 25 September 30, 2013. Defs.’ Req. for Extension of Dec. 31, 2013 Deadline (ECF No. 26 2713/4803).1 27 1 All filings in this Three-Judge Court are included in the individual docket sheets of 28 both Plata v. Brown, No. C01-1351 TEH (N.D. Cal.), and Coleman v. Brown, No. 90-cv520-LKK (E.D. Cal.). This Court includes the docket number of Plata first, then Coleman. 1 IT IS HEREBY ORDERED that the parties shall meet and confer, beginning 2 immediately, regarding defendants’ pending request. Pursuant to this Court’s prior 3 authorization, the Honorable Peter Siggins will facilitate the meet-and-confer process. This 4 process shall be confidential and informal. On or before October 21, 2013, Justice Siggins 5 will informally report to this Court the status of the discussions and provide his 6 recommendations for future actions by this Court or the parties. He shall immediately report 7 to the Court if, at any time, he determines that further discussions between the parties would 8 be unproductive. 9 The meet-and-confer process shall explore how defendants can comply with this 10 Court’s June 20, 2013 Order, including means and dates by which such compliance can be 11 expedited or accomplished and how this Court can ensure a durable solution to the prison 12 crowding problem. The discussions shall specifically include: (a) three strikers; 13 (b) juveniles; (c) the elderly and the medically infirm; (d) Immigration and Customs 14 Enforcement prisoners; (e) the implementation of the Low Risk List; and (f) any other 15 means, including relocation within the state, that are included in defendants’ May 2, 2013 16 List. Justice Siggins and the parties may also discuss any necessary or desirable extension of 17 the December 31, 2013 deadline beyond that provided for in the final paragraph of this order, 18 as well as any other matters they deem appropriate. 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 2 1 The December 31, 2013 deadline shall be extended until January 27, 2014, without 2 prejudice to the parties’ filing a joint request for a further extension or the Court so ordering. 3 During the meet-and-confer process and until further order of the Court, defendants shall not 4 enter into any contracts or other arrangements to lease additional capacity in out-of-state 5 facilities or otherwise increase the number of inmates who are housed in out-of-state 6 facilities. 7 8 IT IS SO ORDERED. 9 10 Dated: 09/24/13 11 STEPHEN REINHARDT UNITED STATES CIRCUIT JUDGE NINTH CIRCUIT COURT OF APPEALS 12 13 14 Dated: 09/24/13 15 LAWRENCE K. KARLTON SENIOR UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF CALIFORNIA 16 17 18 Dated: 09/24/13 19 THELTON E. HENDERSON SENIOR UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF CALIFORNIA 20 21 22 23 24 25 26 27 28 3

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