Perez v. Tilton et al

Filing 729

ORDER GRANTING 726 STIPULATION RE DISMISSAL OF CASE WITH PREJUDICE AND TERMINATION OF ALL PROVISIONS OF CONSENT DECREE EXCEPT PROVISIONS RELATED TO RENOVATION PROJECTS and TERMINATING 727 . Signed by Judge Jeffrey S. White on August 20, 2012.(jswlc3, COURT STAFF) (Filed on 8/20/2012)

Case3:05-cv-05241-JSW Document726 Filed08/16/12 Page1 of 3

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KAMALA D. HARRIS
Attorney General of California
MARISA Y. KIRSCHENBAUER
Deputy Attorney General
State Bar No. 226729
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
PRISON LAW OFFICE
DONALD SPECTER
ALISON HARDY, State Bar No. 135966
1917 Fifth Street
Berkeley, CA 94710
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CARLOS PEREZ,

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v.

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MATTHEW CATE, et al.,

C 05-05241 JSW
Plaintiff, STIPULATION AND [PROPOSED]
ORDER RE: DISMISSAL OF CASE
WITH PREJUDICE AND
TERMINATION OF ALL PROVISIONS
OF CONSENT DECREE EXCEPT
PROVISION RELATED TO
RENOVATION PROJECTS
Defendants.

Judge:

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The Honorable Jeffrey S. White

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This is a §1983 class-action lawsuit concerning the provision of dental care to inmates in

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California. Plaintiffs filed the complaint in December 2005, alleging that the California

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Department of Corrections and Rehabilitation (CDCR) was not providing inmates with

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constitutionally adequate dental care, as required by the Eighth Amendment. (See Court Docket
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Stipulation and Order re: Dismissal With Prejudice and Term. Of Consent Decree Except for Provision Related to
Renovation Projects (C 05-05241 JSW)

Case3:05-cv-05241-JSW Document726 Filed08/16/12 Page2 of 3

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No. 1, Compl.) The parties reached a settlement, and on August 21, 2006, this Court approved

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the parties’ settlement and a consent decree was entered. (Court Docket No. 68, Order Granting

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Motion for Final Approval of Settlement; Court Docket No. 69, Amended Stipulation and Order.)

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The parties agree that Defendants have satisfied every obligation under the consent decree

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except for the completion of renovation projects at some of the prison’s dental clinics. A

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comprehensive system is now in place to ensure that inmate-patients receive constitutionally

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adequate dental care, and all institutions have passed the Court experts’ audits with high scores.

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On that basis, the parties agree to dismiss the case with prejudice and further agree that all

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provisions of the consent decree shall be terminated except for the provision of paragraph 12

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related to the renovation projects. (Court Docket No. 69, Amended Stipulation and Order.)

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CDCR shall comply with paragraph 12 by completing necessary construction according to the

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Implementation Plan. Defendants will provide Plaintiffs with quarterly updates on the renovation

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projects.

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Once the case is dismissed with prejudice, the parties agree that the Court will retain

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jurisdiction over this case to enforce the sole remaining dental clinic renovation provision of the

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consent decree. If Defendants do not substantially comply with this remaining portion of the

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consent decree, Plaintiffs may seek to enforce this sole provision of the decree with the Court.

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Defendants will notify Plaintiffs and the Court upon final completion of the renovation projects.

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This remaining portion of the consent decree will automatically terminate 60 days after

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Defendants file the notification, unless Plaintiffs object to the notification.

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IT IS SO STIPULATED.
Dated: August 15, 2012

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California

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s/Marisa Y. Kirschenbauer
MARISA Y. KIRSCHENBAUER
Deputy Attorney General
Attorneys for Defendants

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Stipulation and Order re: Dismissal With Prejudice and Term. Of Consent Decree Except for Provision Related to
Renovation Projects (C 05-05241 JSW)

Case3:05-cv-05241-JSW Document726 Filed08/16/12 Page3 of 3

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s/Alison Hardy
ALISON HARDY
Prison Law Office
Attorney for Plaintiffs

Dated: August 15, 2012

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I, Marisa Kirschenbauer, attest that Alison Hardy authorized the filing of this document on
August 15, 2012.

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PURSUANT TO THIS STIPULATION, IT IS SO ORDERED. THE CASE IS DISMISSED
WITH PREJUDICE, AND THE CONSENT DECREE IS TERMINATED IN ALL
RESPECTS EXCEPT FOR THE PROVISION OF PARAGRAPH 12 RELATED TO THE
RENOVATION PROJECTS. THE COURT RETAINS JURISDICTION TO ENFORCE
THIS REMAINING COMPONENT OF THE CONSENT DECREE.

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Dated: ___________________
August 20, 2012

______________________________
JEFFREY S. WHITE
United States District Court

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SD2004800652
20631468.doc

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Stipulation and Order re: Dismissal With Prejudice and Term. Of Consent Decree Except for Provision Related to
Renovation Projects (C 05-05241 JSW)