Plata et al v. Schwarzenegger et al

Filing 2770

STIPULATION AND ORDER to Dismiss Defendants' Appeal to the United States Supreme Court From the Three-Judge Court's September 24, 2013 Order. Signed by Judges Stephen Reinhardt, Lawrence K. Karlton, and Thelton E. Henderson on 02/26/2014. (tmi, COURT STAFF) (Filed on 2/26/2014)

1 KAMALA D. HARRIS
Attorney General of the State of California
2 JONATHAN L. WOLFF
Senior Assistant Attorney General
3 JAY C. RUSSELL
PATRICK McKINNEY
4 Supervising Deputy Attorneys General
DEBBIE VOROUS - 166884
5 MANEESH SHARMA - 280084
Deputy Attorneys General
6 455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
7 Telephone: [phone]
Facsimile: [phone]
8 Email: [e-mail]

HANSON BRIDGETT LLP
JERROLD C. SCHAEFER - 39374
PAUL B. MELLO - 179755
WALTER R. SCHNEIDER - 173113
SAMANTHA D. WOLFF - 240280
MEGAN OLIVER THOMPSON - 256654
425 Market Street, 26th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]

9 Attorneys for Defendants
10
UNITED STATES DISTRICT COURT
11
EASTERN DISTRICT OF CALIFORNIA
12
AND THE NORTHERN DISTRICT OF CALIFORNIA
13
UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES
14
PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE
15
RALPH COLEMAN, et. al.,

CASE NO. 2:90-cv-00520 LKK DAD P

16
Plaintiffs,

THREE-JUDGE COURT

17
v.
18
EDMUND G. BROWN JR., et al.,
19
Defendants.
20
21 MARCIANO PLATA, et al.,

CASE NO. C01-1351 TEH

22

THREE-JUDGE COURT

Plaintiffs,

23

v.

24 EDMUND G. BROWN JR., et al.,
25

Defendants.

26
27 / / /
28 / / /
6137863.2

JOINT STIPULATION TO DISMISS
DEFENDANTS’ APPEAL TO THE
UNITED STATES SUPREME COURT
FROM THE THREE-JUDGE COURT’S
SEPTEMBER 24, 2013 ORDER

1

On October 24, 2013, Defendants appealed the Three-Judge Court’s September

2 24, 2013 Order to Meet and Confer (“Order”) to the United States Supreme Court under
3 28 U.S.C. § 1253. (Plata Dock. No. 2734; Coleman Dock. No. 4889.) Defendants
4 simultaneously filed a protective notice of appeal of the same Order to the United States
5 Court of Appeals for the Ninth Circuit under 28 U.S.C. § 1292(a), stating that the appeal
6 would only be perfected in the event the Supreme Court held that it had no jurisdiction
7 over the matter. (Plata Dock. No. 2735 at 2; Coleman Dock. No. 4890.)
8

Defendants subsequently successfully sought an extension of time within which to

9 file a jurisdictional statement in the Supreme Court, stating in their application that “[i]f
10 Appellants obtain an acceptable extension that obviates the need for additional out-of11 state capacity, it would not be necessary for Appellants to challenge the injunction.”
12 (Defs.’ App. To the Hon. Justice Anthony M. Kennedy as Circuit Justice for the Ninth Cir.
13 at 3 (attached as Exhibit A).) On February 10, 2014, the Three-Judge Court granted
14 Defendants’ request for an extension of time to comply with the Court’s population
15 reduction order, thus eliminating the need for Defendants’ challenge to the September
16 24, 2013 Order. (See Feb. 10, 2014 Order Granting in Part and Denying in Part
17 Defendants’ Request for Extension of December 31, 2013 Deadline, Plata Dock. No.
18 2766; Coleman Dock. No. 5060.)
19

Accordingly, consistent with United States Supreme Court Rule 18.5, the parties

20 stipulate to the Three-Judge Court’s dismissal of Defendants’ appeal to the United States
21 Supreme Court filed on October 24, 2013. 1 (Plata Dock. No. 2734; Coleman Dock. No.
22 4889.)
23 / / /
24
25

1

Defendants’ notice of appeal to the Ninth Circuit was docketed by the circuit clerk and
assigned case number 13-17506. (Plata Dock. No. 2747.) Federal Rule of Appellate
26 Procedure 42(b) requires dismissal agreements to be filed with the Court of Appeals, not
27 the district court, once an appeal has been docketed. Accordingly, the parties will file a
similar dismissal agreement with the Ninth Circuit in case number 13-17506.
28

6137863.2

2

1

IT IS SO STIPULATED.

2 DATED: February 21, 2014
3
4

KAMALA D. HARRIS
ATTORNEY GENERAL OF THE STATE OF
CALIFORNIA
By: /s/ Patrick McKinney
PATRICK MCKINNEY
Attorneys for Defendants Edmund G. Brown Jr., et al.

5
6
7

DATED: February 21, 2014

By: /s/ Paul Mello
PAUL MELLO
Attorneys for Defendants Edmund G. Brown Jr., et al.

8
9
10

HANSON BRIDGETT LLP

DATED: February 21, 2014

PRISON LAW OFFICE
By: /s/ Alison Hardy
ALISON HARDY
Attorneys for Plaintiffs Marciano Plata, et al.

11
12
13 DATED: February 21, 2014
14

ROSEN BIEN GALVAN & GRUNFELD LLP
By: /s/ Ernest Galvan
ERNEST GALVAN
Attorneys for Plaintiffs Ralph Coleman, et al.

15
16
17

Pursuant to the foregoing stipulation, IT IS SO ORDERED:

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02/26/2014
DATED: _________________

______________________________________
________________________
Stephen Reinhardt
tephen
United States Circuit Judge
Ninth Circuit Court of Appeals

02/26/2014
22 DATED: _________________

______________________________________
Lawrence K. Karlton
Senior United States District Judge
Eastern District of California

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20
21

23
24
25 DATED: _________________
02/26/2014
26
27

______________________________________
Thelton E. Henderson
Senior United States District Judge
Northern District of California

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6137863.2

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