Plata et al v. Schwarzenegger et al

Filing 3028

STIPULATION AND ORDER re 3027 STIPULATION WITH PROPOSED ORDER re 2841 Order Modifying Receiver Transition Plan filed by Marciano Plata. Signed by Judge Jon S. Tigar on May 9, 2018. (wsn, COURT STAFF) (Filed on 5/9/2018)

Download PDF
Case 3:01-cv-01351-JST Document 3028 Filed 05/09/18 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARCIANO PLATA, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 Case No. 01-cv-01351-JST v. EDMUND G. BROWN, et al., Defendants. ORDER MODIFYING PARAGRAPH 4(C) OF MARCH 10, 2015 TRANSITION PLAN ORDER Re: ECF No. 3027 12 13 The parties have stipulated to modifying the March 10, 2015 Order Modifying 14 Receivership Transition Plan, ECF No. 2841, “to permit counsel for Plaintiffs, upon a finding of 15 good cause by the Receiver, to conduct site visits of institutions that have been delegated by the 16 Receiver to the Secretary of the Department of Corrections and Rehabilitation after more than a 17 year has elapsed from the date of delegation.” ECF No. 3027 at 2. The Court has consulted with 18 the Receiver, who has no objection to the proposed modification. The parties propose modifying 19 paragraph 6 of the order, but the Court finds it more appropriate to include the proposed language 20 in paragraph 4(c). Accordingly, it is hereby ordered that paragraph 4(c) of the March 10, 2015 21 order is modified to read as follows: 22 c. Plaintiffs will maintain the ability to monitor care at the institution, 23 including by conducting monitoring visits and accessing documentary evidence, 24 for a one-year period following delegation. Monitoring by Plaintiffs shall cease 25 after one year unless the Receiver revokes the delegation of authority or Plaintiffs 26 bring a successful motion for revocation. However, Plaintiffs shall be able to 27 conduct a site visit, which shall include physical access and relevant documents, 28 after Plaintiffs’ monitoring has ceased at a particular institution, upon notice to Case 3:01-cv-01351-JST Document 3028 Filed 05/09/18 Page 2 of 2 1 the parties and the Receiver, and upon a determination by the Receiver that good 2 cause exists for each requested site visit. 3 IT IS SO ORDERED. 4 5 6 Dated: May 9, 2018 ______________________________________ JON S. TIGAR United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?