Ashker et al v. Schwarzenegger et al

Filing 1250

Order granting the Parties Joint Proposed Order re: 2/20/20 status conference. Signed by Judge Robert M. Illman on 03/03/2020. (rmilc1s, COURT STAFF) (Filed on 3/3/2020)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MCKINLEYVILLE DIVISION
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TODD ASHKER, et al.,

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Plaintiffs,

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v.

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GOVERNOR OF THE STATE OF
CALIFORNIA, et al.,

Case No. 4:09-cv-05796-CW (RMI)
CLASS ACTION
[PROPOSED] ORDER REGARDING
FEBRUARY 20, 2020 MONITORING
MEETING

Defendants.

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[PROPOSED] ORDER

CASE NO. 4:09-CV-05796-CW (RMI)

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Following a February 20, 2020 conference between the parties and the Court pursuant to

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Paragraph 49 of the Settlement Agreement that resolved this class action (ECF 424-2), the Court issues

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this order to memorialize its rulings during the conference.

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1.

Plaintiffs shall identify three (3) CDCR institutions and CDCR shall make available a

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Rule 30(b)(6) witness from each such institution, as well as a 30(b)(6) witness from CDCR headquarters,

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within thirty (30) days of this order. The scope of the depositions is limited to the policy and practice

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surrounding the creation and retention of recordings of confidential source interviews prior to and

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subsequent to a change in that policy in or around September 2019. Plaintiffs shall have 1.5 hours (per

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witness) to depose the representatives of each of the three identified institutions and 2.5 hours to depose

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the representative of CDCR headquarters.
2.

CDCR shall confirm whether its investigations concerning the other long-term ASU

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placements identified by Plaintiffs reveal or cause CDCR or its investigators to believe that the

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incident(s) being investigated may have been at the direction of or for the benefit of an STG and, if so,

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CDCR shall produce the documents required under Paragraph 11 of the December 10, 2019 Order for

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such investigation(s). If such information is revealed or such belief is held during any subsequent point

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during the respective investigations, CDCR shall likewise produce the required documents, whether or

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not any RVR has been served. For any prisoners identified by Plaintiff in the future pursuant to Paragraph

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11 of the December 10, 2019 Order, CDCR shall produce the required documents if its investigation for

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such prisoner reveals or causes CDCR or its investigators to believe that the incident(s) being

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investigated may have been at the direction of or for the benefit of an STG, either at the time of Plaintiffs’

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identification of such prisoner or at any subsequent point during the investigation.

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3.

Beginning with CDCR’s quarterly production in March 2020, and for all future quarterly

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productions, CDCR shall include a list of all prisoners in the RCGP who are due for their 2‐year DRB

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review pursuant to section 3378.9(b) during the reporting quarter, the dates on which such reviews are

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due (i.e., the date of the 2‐year anniversary of their initial placement date in RCGP), the dates on which

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they were seen by the DRB, and the outcome of the review, including if the prisoner was released. In

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addition, CDCR shall notify Plaintiffs when it has cleared the backlog of prisoners in the RCGP who did

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not receive timely 2-year DRB reviews. CDCR currently expects this to occur by mid-March 2020.
[PROPOSED] ORDER

CASE NO. 4:09-CV-05796-CW (RMI)

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4.

If Plaintiffs receive permission from the prisoner, Plaintiffs shall produce to CDCR the

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name of the prisoner who claims to have been housed in the C5 unit at Pelican Bay State Prison. If

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Plaintiffs provide CDCR the name of the prisoner, CDCR will verify the prisoner’s housing history and

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inform Plaintiffs’ counsel of its findings.

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5.

CDCR shall produce to the Court for in camera inspection by no later than February 27,

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2020 the confidential information underlying its investigation into potential safety concerns for the class

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member previously identified by Plaintiffs who is being retained in ASU.

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6.

Plaintiffs shall produce to CDCR an agenda for the semi-annual call, so that CDCR may

consider Plaintiffs’ request for a Governor’s Office representative to be in attendance of the semi-annual
call, and for CDCR to identify appropriate participants for attendance, if applicable.
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Defendants shall respond to Plaintiffs’ demand for attorneys’ fees for quarters 9-13 by no

later than March 5, 2020.

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IT IS SO ORDERED.

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Dated: ___________________________
March 3, 2020

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The Honorable Robert M. Illman
United States Magistrate Judge

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[PROPOSED] ORDER

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CASE NO. 4:09-CV-05796-CW (RMI)