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