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90-520 - (PC) COLEMAN, ET AL V. BROWN, ET AL
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the opinion was filed. Search field operator example is
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Motion to Dismiss Habeas Corpus Petition". STIPULATION and ORDER
signed by Judge Lawrence K. Karlton on 09/08/06 re 1951 ORDERING that
this court has reviewed the first portion of the above stipulation of
the parties concerning language to insert in the Revised Program Guide
to address the clinical competency of psychiatrists and hereby adopts
it as an order of this court. This court has reviewed the second
portion of the above stipulations of the parties concerning the
sealing of information containing or indicating the confidential
nature of the identities of those CDCR psychiatrists hire before 2006
who do not meet minimum credentialing criteria. The court approves the
stipulated seal and makes it an order of the court. (Duong, D)
Document in Context
90-520 - (PC) Coleman, et al v. Brown, et al
More
April 22, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 4/22/05 ORDERING that
within 30 days from this order, defendants shall deposit with the
Court a 36th interim payment of costs in the amount of $500,000.00
which amount shall be invested in the interest-bearing account
previously opened for this action. The Clerk is directed to serve a
copy of this order on the Court's Financial Dept. (Krueger, M)
April 25, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 4/22/05. Clerk is directed to
pay J. Michael Keating, Jr. the amount of $166,245.97 in accordance
with the attached statement. A copy of this order shall be served on
the financial unit of this court.(Waggoner, D)
May 5, 2005
PDF | More
STIPULATION and PROTECTIVE ORDER 1659 RE: Documents produced by dfts
pursuant to court's Order 1654 signed by Judge Lawrence K. Karlton on
5/5/05. (see order for details)(Duong, D)
May 27, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 5/26/05. Clerk is directed to
pay J. Michael Keating Jr. in the amount of $177,675.62. Clerk is
directed to serve CFS with this order.(Girgis, C)
June 10, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 6/9/05 ORDERING Dfts to
include an increase in the compensation for the position of chief
psychologist in their scheduled R and R enhancements for CA State
Prison/Corcoran. On 1/1/06 the dfts shall report to the Special Master
the status of their recruitment efforts at CSP/Corcoran. The Special
Master shall review and assess the dfts' status report and, by
2/15/06, report to the Court the impact of the dfts revised R and R
schedule on the recruitment of clinicians and recommend specific
remedies, including his own enhanced R and R schedule, if the
institution's staffing vacancy problems have not been resolved during
the interim. (Krueger, M)
June 10, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton re Suicide Report 1658
ORDERING that w/in 60 days dfts shall submit to the Special Master
(SM) a plan for dealing w/the hazard of ventiliation screens. W/in 60
days dfts shall develop/ implement a policy regarding life support.
Dfts shall provide the SM a summary of methods/outcomes of
investigations whenever the suicide review process refers members of
the mental health/medical/or custody staff, initially judged to have
been responsible for some act of incompetence, malfeasance or
negligence, to another investigatory and/or disciplinary channel. W/in
90 days HCS of CDC shall develop as a part of the suicide review
procees a procedure to ensure the implementation of remedies. W/in 60
days dfs shall develop a plan for tracking the suicidal history of
inmates. (Krueger, M)
June 22, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 06/21/05: the Clerk of the
Court is directed to pay to J. Michael Keating Jr., the amount of
$173,325.44 in accordance with the attached statement; a copy of this
order shall be served on the financial dept of this court(Kirkpatrick,
S)
July 22, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 07/20/05: the Clerk is
directed to pay to J. Michael Keating Jr. the amount of $171,389.16 in
accordance with the attached statement; a copy of this order shall be
served on the Financial Dept of this Court(Kirkpatrick, S)
August 22, 2005
PDF | More
STIPULATION and ORDER signed by Judge John F. Moulds on 8/22/05
confirming undisputed attorney's fees and costs in the amount of
$305,178.35 for the first quarter 2005.(Marcotte, D)
August 22, 2005
PDF | More
STIPULATION and ORDER signed by Judge John F. Moulds on 8/22/05
confirming undisputed attorneys' fees and costs for the fourth quarter
of 2004 and resolving attorneys' fees and costs on the second and
third quarterly statements of 2004. (Marcotte, D)
August 22, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 8/22/05 directing the clerk to
pay to J Michael Keating Jr the amount of $217,715.20.(Marcotte, D)
August 23, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 8/22/05 ORDERING that
within 30 days from the date of this order, dfts shall deposit with
the Clerk a 37th interim payment of costs in the amount of $500,000
which amount shall be invested in the interest-bearing account
previously opened for this action. Clerk is directed to serve a copy
of this order on the CFS (cc: CFS).(Duong, D)
September 9, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 09/07/05: the Clerk is
directed to send a copy of inmate Christopher T. Burns' 07/28/05 1674
motion to counsel for plaintiffs and the clerk is directed to serve a
copy of this order on inmate Burns at the address on his 07/28/05
motion. (Attachments: # (1) Christopher Burns' motion filed on
07/28/05)(Kirkpatrick, S)
September 13, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 9/12/05 ORDERING that
within 15 days from the date of this order, dfts shall file and serve
a response to plts' Notice of non compliance 1680. Plts' reply, if
any, shall be filed and served no later than 10 days thereafter. This
matter is SET set for 10/14/2005 at 10:00 AM in Courtroom 4 (LKK)
before Senior Judge Lawrence K. Karlton. (Duong, D)
September 20, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 9/20/05 re 1680 ORDERING
that the hearing be CONTINUED to 10/27/2005 at 10:00 AM in Courtroom 4
(LKK) before Senior Judge Lawrence K. Karlton. (Duong, D) Modified on
9/20/2005 (Duong, D).
September 22, 2005
PDF | More
NON-RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 9/21/05
re 1693 ORDERING that the court has determined, howevery, that it is
inappropriate to relate or reassign the cases, and therefore declines
to do so. (Duong, D)
September 22, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 9/21/05 ordering that the
Clerk is directed to pay to J. Michael Keating, Jr., Coleman Special
Master, the amt of $193,606.53 in accordance with the attached
statement. A copy of this order shall be served on the financial
department of this court. (cc: Financial Dept)(Kastilahn, A)
September 26, 2005
PDF | More
STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/26/05
ORDERING Pltfs time to reply shall be extended and pltfs' reply shall
be filed no later than 9/30/05. (Girgis, C)
September 30, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 09/29/05 GRANTING 1697
Request for Extension of Time and deeming the deposit of funds to be
timely. (Brown, T)
October 7, 2005
PDF | More
T)ORDER signed by Judge Lawrence K. Karlton on 10/6/05 ORDERING that
w/in 30 days defendants shall deposit with the Clerk a 38th interim
payment of costs in the amount of $500,000. Clerk to serve a copy of
this order on the Financial Dept.(Brown,
October 21, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 10/20/05: the Clerk is
directed to pay J. Michael Keating Jr. the amount of $218,689.93; a
copy of this order shall be served on the Financial Dept.
(Kirkpatrick, S)
October 26, 2005
PDF | More
STIPULATION and ORDER 1707 signed by Judge Lawrence K. Karlton on
10/25/05. Hearing on Plaintiffs' Notice of Defendants' Failure to
Comply with 6/9/05 Court Order CONTINUED to 1/5/2006 at 10:00 AM in
Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Marciel,
M)
November 18, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 11/17/05: the Clerk is
directed to pay J. Michael Keating Jr., Coleman Special Master, the
amount of $224,659.71; a copy of this order shall be served on the
Financial Dept.(Kirkpatrick, S)
November 18, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 11/17/05: the Clerk is
directed to send a copy of inmate Morrow's 1710 letter to counsel for
pltfs and the Special Master. (Attachments: # (1) Morrow's
Letter)(Kirkpatrick, S)
November 21, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 11/18/05 GRANTING 1712
REQUEST for an Extension of Time for Dfts to Deposit Funds.(Brown, T)
November 21, 2005
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 11/18/05 ORDERING that:
W/in 30 days dfts shall deposit with the Clerk of the Court a 39th
interim payment of costs in the amount of $500,000.00; and the Clerk
is directed to serve a copy of this order on the Court's Financial
Dept.(Brown, T)
November 29, 2005
PDF | More
STIPULATION and ORDER signed by Judge John F. Moulds on 11/28/05
CONFIRMING that $324,310.74, plus interest is due and collectable as
of 45 days from the date of entry of this order. (Brown, T)
December 15, 2005
PDF | More
ORDER signed by Judge John F. Moulds on 12/14/05: the Clerk is
directed to pay to J. Michael Keating Jr., the amount of $271,218.21
in accordance with the attached statement; a copy of this order shall
be served on the Financial Dept of this court. (Kirkpatrick, S)
January 4, 2006
PDF | More
ORDER signed by Judge John F. Moulds on 1/3/06 directing the clerk to
send a copy of inmate Cockcroft's 1718 ex parte motion to counsel for
plaintiffs. No further action will be taken on said motion. Clerk to
send a copy of this order on Inmate Cockcroft at the address provided
on this motion. (Donati, J)
January 4, 2006
PDF | More
STIPULATION AND ORDER re 1742 signed by Judge Lawrence K. Karlton on
1/4/06 ORDERING that the hearing is CONTINUED to 2/15/2006 at 01:30 AM
in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton.
Defendants shall file a declaration from the Wardent of each CDCR
institution establishing the elements set forth in Paragraph 6 to
assure that the revised CPR policy has been fully implemented and that
they have complied with the court's 6/9/05 Order 1668 no later than
1/31/06. Plts may file a reply to the declarations no later than
2/6/06. (Duong, D)
January 17, 2006
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 1/13/05 ORDERING that the
special master's request for increase compensation 1732 is granted.
Effective 2/1/06, Melissa G. Warren, Ph.D shall be compensated at a
rate of $250 per hour for work performed in this action, except that
she shall be compensated at a rate of $90 per hour for travel time.
The special master request for appointment of additional staff is
granted. The special master is authorized to appoint Ted r. Ruggles,
Ph.D. as a mental health expert to perform the duties set forth in the
request and to be compensated at the rates set forth herein. (Duong,
D)
January 23, 2006
PDF | More
ORDER signed by Judge John F. Moulds on 01/23/06 ORDERING that The
Clerk of the Court is directed to pay to J. Michael Keating, Jr.,
Coleman Special Master 2351 Sussex Lane Fernandina Beach, FL 32034 the
amount of $236,183.38 in accordance with the attached statement; and A
copy of this order shall be served on the financial department of this
Court. (Mena-Sanchez, L)
February 13, 2006
PDF | More
STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on 2/13/06
re the 2/15/06 hearing on pltfs' notice of dfts' failure to comply
with 6/9/05 court order re CPR policy. The 2/15/06 hearing TAKEN OFF
CALENDAR.(Carlos, K)
February 27, 2006
PDF | More
ORDER signed by Judge John F. Moulds on 02/24/06: the Clerk is
directed to pay to J. Michael Keating Jr., Coleman Special Master, the
amount of $204,421.31 in accordance with the attached statement and a
copy of this order shall be served on the financial dept of this
court. (Kirkpatrick, S)
February 27, 2006
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 2/27/06 ORDERING that:
W/in 30 days from the date of this order, dfts shall deposit with the
Clerk of the Court a 40th interim payment in the amount of $500,000;
and the Clerk is DIRECTED to serve a copy of this Order on the Court's
Financial Dept.(Brown, T)
March 2, 2006
PDF | More
ORDER signed by Judge John F. Moulds on 03/01/06: the Clerk is
directed to send a copy of inmate Morrow's 1744 letter to counsel for
pltfs and to the Special Master. (Attachments: # (1)
Letter)(Kirkpatrick, S)
March 2, 2006
PDF | More
STIPULATION and ORDER signed by Judge John F. Moulds on 3/2/2006 re
1759 Stipulation and Proposed Order confirming undisputed attorney's
fees and costs ORDERING: It is confirmed $341,446.40, plus interest is
due and collectable as of 45 days from the date of entry of this
order. Daily interest, runs from December 12, 2005 at the rate of
4.38% and equals $40.97 per day. (Matson, R)
March 3, 2006
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 3/2/06 ORDERING W/in 60
days of this order dfts shall submit to the special master a plan for
reducing rate of vacancies among psychiatrists system-wide; W/in 60
days of this order dfts shall submit to the special master a plan to
expand the DCHCS central office mental health staff commensurate w/
the growth and present size of the CDCR mental health staff and
caseload; Dfts shall file plans for provisions no later than 4/17/06;
Dfts shall provide to special master and to pltfs weekly reports on
the status of development of the plans required by paragraphs 3 and 5
of this order, w/ the first report to be provided by 3/10/06. On or
before 3/17/06, dfts shall file a response to the second and third
objections raised in pltfs' 2/3/06 objections to the specialmaster's
fifteenth round monitoring report. This matter is SET for 4/26/2006 at
3:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton.
(See order for further details) (Girgis, C)
March 3, 2006
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 3/2/06 ORDERING The
Provisions of the 1/2006 Revised Program Guide is GRANTED and orders
dfts to immediately implement all such provisions. Status Conference
SET for 4/26/2006 at 03:00 PM in Courtroom 4 (LKK) before Senior Judge
Lawrence K. Karlton. (See order for further details) (Girgis, C)
March 9, 2006
PDF | More
ORDER re 1762 signed by Judge Lawrence K. Karlton on 3/9/06 ORDERING
that defendants shall be given until 5/15/06 to reduce the vacancy
rate among all categories of mental health personnel at CSP-Corcoran,
including psychiatrist, case managers, psych techs, recreational techs
and supervisory clinicians, to 10 percent or less through the
employement of permanent staff and/or contract providers. Dfts shall
file a report with the court no later than 5/22/06, which sets for the
vacancy rate as of 5/15/06 for each category of mental health
personnel at CSP-Corcoran, including psychiatrists, case managers,
psych techs, recreational techs and supervisory clinicians. Dfts shall
take all measures necessary, beginning immediately, to ensure that in
the event that it is necessary to implement the R & R enhancements
specified in this order, that any and all administrative steps,
including but not limited to the Dept of Personnel Administration
letter authorizing the specific enhancements, will be completed so
that hiring with the new enhancements can begin no later than 6/6/06
(See Order for details). (Duong, D)
March 9, 2006
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 3/9/06 to amend Order
1772, at page 2, lines 21-22, to read as follows: Good cause
appearing, the matter will be set for hearing on 4/26/06 at 3:00 p.m.
in Courtroom #4 before the undersigned. (Duong, D)
March 27, 2006
PDF | More
ORDER signed by Judge John F. Moulds on 3/24/06 ORDERING that: the
Clerk is DIRECTED to pay J. Michael Keating Jr. the amount of
$120,587.28 in accordance with the attached statement; and directing
the Clerk to serve a copy of this order on financial. (cc: Sac
Financial). (Brown, T)
April 7, 2006
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 4/7/06 ORDERING that this
matter is SET for joint hearing with Marciano Plata et al. v Arnold
Schwarzenegger et al., No. C01-1351 TEH (N.D. Cal.) on 6/8/2006 at
10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton
and the Honorable Thelton E. Henderson. (Duong, D)
April 25, 2006
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ORDER signed by Judge Lawrence K. Karlton on 04/24/06 ORDERING an
extension of time to and including 4/18/06 to file enclosures to
Exhibits A to the filed bed plan. (Carlos, K)
April 26, 2006
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ORDER signed by Judge John F. Moulds on 4/24/06 ORDERING Clerk is
directed to send copy of inmate Cockcroft's notice/request 1776 to
counsel for pltf's. No further court action will be taken on said
motion. Clerk is directed to serve copy of this order on inmate
Cockcroft at the address provided on the notice/request.(Girgis, C)
April 28, 2006
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ORDER signed by Judge Lawrence K. Karlton on 4/27/2006 ORDERING that
the joint hearing with Marciano Plata, et al. v. Arnold
Schwarzenegger, et al., No. C01-1351 TEH (N.D.Cal.) beforethe
undersigned and the Honorable Thelton E. Henderson on June 8, 2006 is
RESET to 1:30 p.m.in Courtroom No. 1, 16th Floor, Robert T. Matsui
United States Courthouse, 501 I Street,Sacramento, California
95814.(Matson, R)
April 28, 2006
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ORDER signed by Judge John F. Moulds on 4/28/06 ORDERING Clerk of the
court is directed to pay J. Michael Keating, Jr., Coleman Special
Master, 2351 Sussex Lane, Fernandina Beach, FL 32034 in the amount of
$202,041.84 in accordance w/ the attached statement. A copy of this
order shall be served on financial dept. of this court. (cc:
Sacramento Financial)(Girgis, C)
May 1, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/1/06 ORDERING that
within 30 days from the date of this order, dfts shall deposit with
the Clerk a 41st interim payment of costs in the amount of $500,000
which amount shall be invested in the interest-bearing account
previously opened for this action. Clerk is directed to serve a copy
of this order on the Financial Department. (Duong, D)
May 2, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/1/06 ORDERING that the
dfts' long term plan for provision of acute and intermediate inpatient
care and mental health crisis beds is approved, subjection to
modification based on current population projections. Within 60 days
from the date of this order dfts shall file an amended long term plan
that is based on current population projections and incorporate an
updated version of methodology first adopted in the 2002 Tucker-Alan
bed needs projections. The dfts' long term plan for enhanced
outpatient beds describes a shortfall of over 1000 such beds in the
year 2011 and therefore is not approved. Dfts shall include the
amended long term plan a list of those projects that can be accele
health crisis bed on the basis of state licensing requirements without
approval of the special master. (See order for details).(Duong, D)e
inpatient beds at the CA Medical Facility (CMF) P-2 until further
order of court. In connection therewith, dfts are reminded of their
obligations under the heat plan developed pursuant to prior orders of
this court, and dfts are directed to take erated as well as a list of
any statutory, licensing, or staffing barriers to such acceleration
and/or to timely opening of the projects described in the amended long
term plan. Within 45 days from the date of this order, dfts shall file
a plan for interim provision of intermediate inpatient beds and mental
health crisis beds. Plts are granted a period of ten days in which to
file and serve a response to the interim plan required by paragraph 3
of this order. Dfts shall maintain 36 intermediatvery mechanical step
presently feasible to maintain appropriate temperatures within said
unit. Not later than 5/30/06, dfts shall open 36 intermediate
inpatient beds at Salinas Valley State Prison (SVSP) that were slated
to receive inmates from CMF. Said beds shall be used for Leavel IV
inmates. Dfts shall create an additional 36 intermediate inpatient
beds at SVSP on the same time schedule and with the same waivers used
to create the 36 beds referred to in paragraph 7 of this order. Said
beds also be used for Level IV inmates. Dfts shall forthwith review
the list of 123 inmates presently awaiting placement in the
intermediate inpatient bed program at SVSP and shall identify all
inmates on said list approprite for placement in the DMH program at
Atascadero State Hospital or Coalinga State Hospital. Twenty-Five
intermediate inpatient beds shall be made immediately available at
Coalinga State Hospital for appropriate CDCR inmates. Within 30 days
thereafter, an additional 25 intermediate inpatient beds shall be made
available at Coalinga State Hospital for appropriate CDCR inmates.
Within 6 months from the dte of this order, dfts shall file a report
on the feasibility and cost of creating 30 intermediate inpatient beds
at Coalinga State Hospital beds for Level IV high-custody CDCR inames.
Said report shall be prepared by the CDCR in collaboration with DMH
and the CA Dept of General Services. Dfts shall activate the mental
health crisis beds in the correctional treatment centers at KVSP and
CA State Prison-Sacramento not later than 7/1/06, or inform the court
in writing by that date why said centers are not fully operational.
Dfts shall forthwith reopen the locked observation unit at the CA
Men's Colony as a 36 bed mental health crisis bed unit on a temporary
emergency basis. Said mental health crisis beds shall remain in use
until further order of this court. Until further order of this court,
dfts shall not close any intermediate inpatient bed or mental
May 2, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/1/06 ORDERING that this
matter is SET for further status conference on 5/17/2006 at 01:30 PM
in Courtroom 4. (Duong, D)
May 2, 2006
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ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton on 5/1/06
ORDERING that within 15 days from the date of this order, Stephen W.
Mayberg, Ph.D., Director of the CA DEpt of Mental Health, and/or any
party to this action may show cause in writing if any there is, why
Director Mayberg should not be joined as a defendant in this action.
Clerk is directed to serve a copy of this order on Steph W. Mayberg,
Ph.D., Director, CA Dept of Mental Health, 1600 9th Street, Rm 151,
Sacramento, CA 95814. (cc: Stephen w. Mayberg, Ph.D.)(Duong, D)
May 2, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/1/06 re 1746 ORDERING
that plts' second and third objections to the special master's 15th
round monitoring report 1750 1763 are overruled. Within 90 days from
the date of this order, dfts shall file a plan for providing adequate
mental health care for inmates in reception centers who have been
identified as requiring an enhanced outpatient program (EOP) leavel
care who remain in reception centers for longer than 60 days. (Duong,
D)
May 2, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/1/06 relating case
90cv520 LKK JFM with member of cases 04cv1750 FCD JFM P, 05cv876 LKK
GGH P, 05cv2441 LKK GGH P. (Duong, D)
May 3, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/2/06 ORDERING that the
draft agreement reached between the Department of Mental Health and
the US Department of Justice concerning allegations brought under the
Civil Rights of Institutionalized Persons Act (CRIPA) be served upon
plts' counsel and filed under seal with this court. (Duong, D)
May 25, 2006
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ORDER signed by Judge Lawrence K. Karlton on 5/24/06 ORDERING that:
this matter is set for a discovery conf before the Honorable John F.
Moulds on 6/13/06 @ 11:00 a.m.; the parties shall file discovery conf.
statements by 6/2/06; parties are GRANTED an additional period of time
in which to negotiate concerning disputed issues relative to those
portions of the Revised Program Guide that have not yet been approved
by the court; if a party determines that a disputed issue is ripe for
resolution by the court, said party shall file a formal objection
raising the issue; pltfs are GRANTED 15 days from the date of this
order to file and serve a response to Stephen Mayberg's 18115/17/06
Response; and w/in 7 days from the date of this order the special
master shall report to the court on the status and sufficiency of
dfts' budget requests for staffing augmentation necessary to implement
the court-approved provisions of the January 2006 Revised Program
Guide.(Brown, T)
May 25, 2006
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ORDER CONFIRMING UNDISPUTED ATTORNEYS' FEES AND COSTS FOR THE FOURTH
QUATER OF 2005 signed by Judge John F. Moulds on 5/24/06 ORDERING that
Plaintiffs fees and costs of $371,729.94, plus interest are due and
collectable as of 45 days from the date of entry of this order. Daily
interest runs from 3/13/06 at the rate of 4.80%.(Mena-Sanchez, L)
May 30, 2006
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ORDER signed by Judge Lawrence K. Karlton on 05/30/06 ORDERING that
dfts are granted until 06/02/06 to formally raise in this court the
privilege they have asserted with the special master; Pltfs may
respond to any such assertion of privilege on or before 06/09/06;
Deadline for submission of the special master's report on the status
and sufficiency of dfts' budget requests will be reset, as
appropriate, by subsequent order of this court. (Warren, P)
May 31, 2006
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ORDER signed by Judge John F. Moulds on 5/30/2006 ORDERING: The Clerk
is directed to pay J. Michael Keating, Jr., Coleman Special Master,
2351 Sussex Lane, Fernandina Beach, FL 32034, the amount of
$286,117.80 in accordance w/the attached statement; and a copy of this
order shall be served on the financial department of this
court.(Matson, R)
June 8, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/7/06 re 1806 ORDERING
that on or before 8/31/2006, dfts shall develop a plan for dealing
with the escalating percentage of suicides occurring in administrative
segregation units. The plan must be based on an analysis of the causes
for the increasing rate and depending on the outcome of the analysis,
provide adequate resources of meantal health and/or custody staff,
create sufficient confidential interview space and/or enhance the
quality of mental health services provided in administrative
segregation units. The plan shall include, as appropriate, a budget
and implementation schedule for any policy and procedure changes,
staffing or budget augmentation, and, if necessary, include a
mechanism for obtaining mid-year funding on or before 9/30/006. Dfts
shall collaborate with one or more of the special master's experts,
with plts' counsel and with plts' expert, Lindsay Hayes, to develop
the plan required by this order. (Duong, D)
June 12, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/12/06 ORDERING W/in 30
days from the date of this order, dfts shall deposit w/the Clerk of
Court a forty-second interim payment of costs in the amount of
$500,000.00, which amount shall be invested in the interest-bearing
account previously opened for this action. Clerk of Court is directed
to serve copy of this order on Financial Department of this court.
(cc: Sacramento Financial) (Girgis, C)
June 12, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/7/2006 ORDERING: The
court has reviewed the briefs filed by pltfs and dft concerning dft's
assertion of deliberative privilege as to the matters set forth in the
privilege log. The Court determines that the material is not
privileged, and directs that the material be forwarded to the Special
Master and counsel forplaintiffs not later than close of business on
6/14/2006; By virtue thereof, the report from the Special Master shall
be filed not later than 6/21/2006.(Matson, R)
June 13, 2006
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STIPULATION and ORDER signed by Judge John F. Moulds on 6/12/06
ORDERING Discovery Hearing CONTINUED TO 8/17/2006 at 11:00 AM in
Courtroom 25 (JFM) before Magistrate Judge John F. Moulds. Parties
request the proposed briefing schedule set forth below for the hearing
on 8/17/06 to address 2 disputed discovery issues identified in the
parties discovery conference statements. Pltf's shall file notice of
motion, motion, accompanying briefs, and copies of all documentary
evidence in support of their motion for discovery by 7/14/06. Dfts
shall file their opposition to pltfs' motion by 7/28/06. Pltfs shall
file their reply by 8/9/06. (See order for further details) (Girgis,
C)
June 13, 2006
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ORDER signed by Judge John F. Moulds on 6/12/06 ORDERING The Clerk is
directed to pay J. Michael Keating, Jr., Coleman Special Master, 285
Terrace Avenue, Riverside, Rhode Island 02915, the amount of
$299,066.07 in accordance w/the attached statement; and a copy of this
order shall be served on the financial department of this court. (cc:
Financial Sacramento)(Girgis, C)
June 14, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/14/2006 ORDERING: Dfts'
Motion to stay this court's 6/12/2006 order is DENIED; Dfts shall
produce the required material to the Special Master under seal not
later than close of business on 6/14/2006; The Special Master's report
to be filed on 6/21/2006 shall be filed under seal; and Absent a stay
of this court's 6/12/2006 order by the US Court of Appeals for the
Ninth Circuit, the court will, by 6/21/2006, order the material and
the Special Master's report produced to pltfs.(Matson, R)
June 15, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/15/06. The deadline for
submission of the material under seal to the Special Master has passed
and defendants have not complied with the court's order. It is ORDERED
that on 6/27/2006 at 01:30 PM in Courtroom 4 (LKK), James A. Tilton,
Acting Secretary of the CA Dept of Corrections and Rehabilitation,
shall show cause in person why he should not be held in contempt of
court.(Brown, T)
June 19, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/19/06 ORDERING that the
OSC, issued on 6/16/06 1843 is DISCHARGED and the hearing set for
6/27/06 is hereby VACATED. Absent a stay of the 6/12/06 order by the
US Court of Appeals for the Ninth Circuit, the court will, by June 21,
2006, order the budget change proposal material and the Special
Master's report produced to counsel for plts.(Duong, D) Modified on
6/20/2006 (Duong, D).
June 21, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/21/06 ORDERING that in
accordance with the court's order issued on 6/19/06 1847, Clerk is
directed to copy and forward by mail to plts' counsel, Michael Bien,
the Special Master's Report on the Status and Sufficiency of the dfts'
Budget Requests for Staffing to Implement the Revised Program Guide,
as well as the attached exhibits. Clerk is also directed to forward
the above-mentioned documents to Robert Sillen, the court-appointed
Receiver in Plata et al v Schwarzenegger, CV S 01-1351 (N.D. Cal). The
parties are to file not later than 15 days from the effective date of
this order, a memorandum of points and authorities either in support
of or in opposition to the Special Master's recommendation. The
parties are also directed to address the question of whether the CA
Dept of Finance should be added as a named defendant in this action.
Finally, the parties are asked to brief the issue of whether the
Special Master's report and attached exhibits should be unsealed. The
parties shall file their briefs under seal. The court will either take
the matter under submission or will order a hearing, if appropriate.
(See Order for details).(Duong, D)
June 28, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/27/06 ORDERING that
Stephen M. Mayberg, Ph.D., Director of the Dept of Mental Health is
JOINED as a defendant in the action. He is joined only in his official
capacity. Clerk directed to serve a copy of this order on StepheN W.
Mayberg, Ph.D., Director, CA Dept of Mental Health, 1600 9th Street,
Rm. 151, Sacramento, CA 95814. (Duong, D)
June 30, 2006
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ORDER RE: KERN VALLEY STATE PRISON, SELF CERTIFICATION signed by Judge
Lawrence K. Karlton on 6/30/06. This Court ORDERS George Sifuentes, as
Deputy Director of the Office of Facilities Management of the CDCR, to
sign the necessary self-certification of the correctional treatment
center at Kern Valley State Prison in the absence of compliance with
the state building code requirements by the two indicated
modifications to the physical plant of the correctional treatment
center.(Mena-Sanchez, L)
July 5, 2006
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ORDER signed by Judge Lawrence K. Karlton on 06/30/06: Parties shall
file, as the first page of any filing, a list of acronyms used and
their translations.(Kirkpatrick, S)
July 5, 2006
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ORDER signed by Judge Lawrence K. Karlton on 07/05/06: Parties 1869
request for extension of time is GRANTED; deadline for parties to
submit briefs in response to this Court's 06/21/06 Order, is extended
to 07/11/06. (Kirkpatrick, S)
July 17, 2006
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ORDER signed by Judge Lawrence K. Karlton on 07/17/06: Within 2 days
from the date of this order, dfts shalll provide to the Special Master
all documents relevant to the requests of the CDC and Rehab. for
staffing to implement the court-approved provisions of the Revised
Program Guides; the Special Master shall file a supplemental report to
the court not later than 5 days after receipt of the documents.
(Kirkpatrick, S)
July 17, 2006
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STIPULATION and ORDER signed by Judge John F. Moulds on 07/17/06:
Parties stipulate and agree that $46,552.30 plus interest is due and
collectable as of 45 days from the date of entry of this
order.(Kirkpatrick, S)
July 20, 2006
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ORDER signed by Judge Lawrence K. Karlton on 7/17/006 ORDERING that
not later than the close of business on 7/21/06, dfts shall file with
the Clerk a copy of all documents provided to the Special Master under
seal and provide a copy to counsel for plts. (Duong, D)
July 20, 2006
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ORDER re 1902 signed by Judge Lawrence K. Karlton on 7/20/06 ORDERING
that this Court waives CA Public Contract Code section 10808 and dft
Dept of corrections and Rehabilitation to approve the physical
modifications of the Locked Observation Unit at CA Men's Colony.
(Duong, D)
July 21, 2006
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ORDER signed by Judge Lawrence K. Karlton on 7/21/06 re 1907 ORDERING
that the court GRANTS dfts a two-day extension of time 1905 to
7/21/06, to comply with its 7/17/06 order to produce documents.
(Duong, D)
July 24, 2006
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ORDER signed by Judge Lawrence K. Karlton on 7/24/2006 re 1874
ORDERING that the special master's request for approval of appointment
of additional staff 1874 is GRANTED. The special master is authorized
to appoint Linda E. Buffardi as a staff member to perform the duties
set forth in the Special Master's Request for the Appointment of
Additional Staff, filed 7/7/2006, and to be compensated at the rates
set forth herein. (Duong, D)
July 28, 2006
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er on Robert Sillen, Michael Bien and Lisa Tillman. (refer to order
for full details) (cc: Robert Sillen, Michael Bien and Lisa Tillman)
(Kirkpatrick, S)ORDER signed by Judge Lawrence K. Karlton on 07/28/06
ORDERED: Michael Genest, Director of the CA Dept. of Finance, is
joined in his afficial capacity as a dft in this action, Clerk
directed to serve a copy of this order on Mr. Genest; the Clerk is
directed to unseal documents 1851, 1881, 1882, 1883, 1891, 1892, 1893,
1910, 1918, and 1921; the Clerk is directed to send a copy of the
Special Master's supplemental report 1921 and attached exhibits
together with these ord
August 1, 2006
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AMENDED ORDER signed by Judge Lawrence K. Karlton on 7/28/06 ORDERING
Michael Genest, Director of CA Dept. of Finance, is joined in his
official capacity as a dft in this action. Clerk is directed to serve
copy of this order on Mr. Genest. Dfts shall prepare and present to
the special session of the Legislature, scheduled to occur in August
2006, a budget proposal for the allocation of no less than the 530.65
permanent and 21.2 limited term positions. (See order for further
details) Clerk is directed to unseal
1851,1881,1882,1883,1891,1892,1893,1910,1918, and 1921. Clerk is
directed to serve copy of Special Master's supplemental report and
attached exhibits filed 7/28/06 w/ copy of this order on Robert
Sillen, Michael Bien, and Lisa Tillman.(Girgis, C)
August 4, 2006
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ORDER signed by Judge John F. Moulds on 8/3/06 ORDERING The Clerk of
the Court is directed to pay to J. Michael Keating, Jr., Coleman
Special Master, 285 Terrace Avenue, Riverside, Rhode Island 02915, the
amount of $216,760.05 in accordance w/ attached statement. A copy of
this order shall be served on the financial dept. of this court. (cc:
Sacramento Financial)(Girgis, C)
August 4, 2006
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ORDER signed by Judge Lawrence K. Karlton on 8/3/06 ORDERING that:
w/in 30 days from the date of this order, dfts shall deposit with the
Clerk of The Court a forty-third interim payment of costs in the
amount of $500,000.00; and the Clerk is DIRECTED to serve a copy of
this order on Sac Financial. (cc: Sac Financial)(Brown, T)
August 7, 2006
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ORDER signed by Judge John F. Moulds on 08/04/06: Pltf's fees and
costs of $389,822.13, plus interest, are due and collectable as of 45
days from the date of entry of this order.(Kirkpatrick, S)
August 8, 2006
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STIPULATION and ORDER re Revision of Suicide Policy Permitting Video
Monitoring of Inmates on Suicide Watch Status signed by Judge Lawrence
K. Karlton on 8/8/06 re 1872 ORDERING that dfts shall provide the
Special Master and plts with 45 days written notice of any decision to
reinstate video-monitoring as the sole method of conducting suicide
watch observation at any CDCR institution. If plts' counsel object to
the reinstatement, the parties shall meet and confer within 20 days.
If disputed issues remain, plts may notice a hearing before the
District Court on shortened time to resolve the matter. (Duong, D)
Modified on 8/8/2006 (Duong, D).
August 23, 2006
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ORDER re ASH/CMF Bed Plan signed by Judge Lawrence K. Karlton on
08/23/06 re 1950 ORDERING that This court approves the parties'
stipulation and so orders the dfts' submitted CMF/ASH plan be
implemented immediately, with the following conditions: The
utilization of the beds subject to this plan will be monitored for
twelve months, with the evaluative marker of 90% or higher bed
utilization during this period of time. At the end of the twelve-month
monitoring period, the parties ion: number of patient referrals,
number of patient rejections, patient-inmate transfer time frames,
number of patient acceptances, identities of patients, each patient's
length of stay and discharge date, the source of referrals by
institution,shall meet and confer with Special Master Keating to
discuss the continued implementation of this plan in light of the bed
utilization statistics and other relevant clinical factors. Defendants
DMH and CDCR are to provide Plaintiffs' counsel and Special Master
Keating with a monthly utilization report by the fifteenth day of the
following month concerning the 25 ASH APP beds, the 25 bed CMF MHCB
unit, and the remaining CMF APP unit. The monthly report should
contain the following informat and the reason for rejection.
Defendants are to provide Plaintiffs' counsel and Special Master
Keating for review and comment a copy of the uniform referral form for
acute beds provided by DMH for referrals from CDCR. This uniform
referral form will be used for all referrals to all acute beds
provided by the DMH to CDCR inmates. Defendants DMH and CDCR will do
system-wide training on the policies and procedures for inpatient
referrals as well as the care provided by the intermediate and acute
programs. Defendants DMH and CDCR will provide Plaintiffs' counsel and
Special Master Keating with a copy of the training materials for
comment before the training occurs. This Court leaves it to the
discretion of Special Master Keating to have one or more of his
experts attend the training. If there is no patient waiting or using
the new MHCB beds at CMF, then those beds may be used to provide acute
care. (Duong, D) Modified on 8/24/2006 (Duong, D).
September 7, 2006
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ORDER signed by Judge John F. Moulds on 9/6/06 ORDERING that the Clerk
is DIRECTED to pay J. Michael Keating Jr. the amount of $322,764.23 in
accordance with the attached statement; and a copy of this order shall
be served on the financial dept of this court (cc: Sac
Financial).(Brown, T)
September 11, 2006
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 09/08/06
re 1960 ORDERING that the due date for the final plan addressing
suicide trends in the administrative segregation units may be extended
from 8/31/06 to 10/2/06. The plan will still include, as appropriate,
a budget and implementation schedule for any policy and procedure
changes, staffing or budget augmentation, and, if necessary, include a
mechanism for obtaining mid-year funding. The date for obtaining
mid-year funding will be extended from on or before 9/30/06 to
10/2/06. Dfts will provide plts' counsel and Special Master Keating a
copy of the draft plan addressing suicide trends in the administrative
segregation units on or before 9/5/06. Dfts will arrange a
teleconfrence on or about 9/12/06 or another mutually convenient date
with plts' counsel, plts' experts, dfts' experts and Special Master
Keating and his experts to discuss any comments to the draft plan.
(Duong, D)
September 11, 2006
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 09/08/06
re 1951 ORDERING that this court has reviewed the first portion of the
above stipulation of the parties concerning language to insert in the
Revised Program Guide to address the clinical competency of
psychiatrists and hereby adopts it as an order of this court. This
court has reviewed the second portion of the above stipulations of the
parties concerning the sealing of information containing or indicating
the confidential nature of the identities of those CDCR psychiatrists
hire before 2006 who do not meet minimum credentialing criteria. The
court approves the stipulated seal and makes it an order of the court.
(Duong, D)
September 26, 2006
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ORDER signed by Judge Lawrence K. Karlton on 9/25/06 ORDERING that
Defendants' Request for an extension of time to 9/26/06 to file a
response to the Supplemental Report is GRANTED.(Mena-Sanchez, L)
September 28, 2006
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ORDER signed by Judge John F. Moulds on 9/28/06 ORDERING the Clerk of
the Court to pay J. Michael Keating Jr., Coleman Special Master, the
amount of $153,692.45. The clerk is to serve a copy of this order on
the Financial Dept of this court.(Carlos, K)
September 28, 2006
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ORDER signed by Judge John F. Moulds on 9/28/06 ORDERING pltfs'
7/13/06 motion for leave to conduct discovery 1894 is DENIED without
prejudice. (Carlos, K)
October 4, 2006
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ORDER signed by Judge Lawrence K. Karlton on 10/04/06 informed the
parties of the meeting and the issues discussed on 9/26/06. (Duong, D)
October 4, 2006
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STIPULATION and ORDER 1985 signed by Judge Lawrence K. Karlton on
10/04/06 re [1985 ORDERING that plts may file their corrected
Supplemental Brief on dfts' Compliance with 5/2/06 Order regarding
Interim and Long-Range Bed Plans and Reception Center EOP Programs
1800, along with the Corrected Declaration of Thomas Nolan in support
and the Corrected Proposed Order. (Duong, D)
October 5, 2006
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ORDER signed by Judge Lawrence K. Karlton on 10/5/06 re 1969 ORDERING
that within three days from the date of this order, the Special Master
shall file andserve his modified recommendations. The parties shall
have three days thereafter to file and serve responses to themodified
recommendations. No extensions of the deadlines set in this order will
be granted. (Duong, D)
October 20, 2006
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ORDER signed by Judge Lawrence K. Karlton on 10/20/06 ORDERING that
the revised recommendations of the Special Master 1994 are ADOPTED in
full. The program population projections in the revised and updated
Navigant Study are approved. Defendants shall contract with Navigant
Consultants to conduct annual population reviews and updates of their
projections for mental health program populations from 2007 through
2009. Thereafter, defendants may obtain such population projections
services through the normal contract bidding process. The Navigant
service contract shall be controlled and supervised by the California
Department of Corrections and Rehabilitation's (CDCR) Division of
Correctional Health Care Services rather than the CDCR's Division of
Legal Affairs. TheSpecial Master, and such of his experts as he may
assign to the task, shall work with the defendants and Navigant to
improve the projections and ensure that all necessary data is
collected to make future projections as accurate as possible. The
Special Master shall monitor closely the swap of acute inpatient beds
between California Medical Facility and Atascadero State Hospital and
any delays in the transfer of seriously mentally disordered inmates to
mental health crisis beds within 24 hours of a clinical referral and
report to the court in writing on these two issues within ninety days.
Within sixty days from the date of this order defendants shall file a
final long plan for the provision of acute and intermediate inpatient
beds, as well as a plan for the provision of enhanced outpatient
program (EOP) beds, for all seriously mentally ill male and female
CDRC inmates clinically determined to be in need of those levels of
care. These consolidated plans shall meet or exceed the program
population projections contained in the approved Navigant study and
shall include a process for regular updates of bed need projections
and ongoing planning for new mental health beds based on subsequently
revised projections. Defendants' plan shall also address the
feasibility of a "Design and Build" approach for the construction
projects specified in the consolidated plan and shall coordinate the
use of such an approach with any related Design and Built efforts in
the Plata case. Defendants' consolidated plan shall include a
timetable, budget planning and resource allocations to meet projected
populations by June 30, 2011. The consolidated plan shall also include
construction of the 50- bed mental health crisis bed unit at
California Men's Colony proposed in defendants' revised interim bed
plan. Defendants shall accelerate implementation of their plan for new
EOP treatment programs in CDCR Reception Centers so the proposed
programs become operational by January 1, 2007. Defendants shall add
treatment programs for EOP inmates in the Reception Center at
California State Prison, Los Angeles County, in addition to the five
reception centers enumerated in the original plan. The Special Master
shall monitor the added EOP services provided in the six institutions
covered in the plan and report to the court by June 30, 2007 whether
the program needs to be extended to any other CDCR Reception Centers.
Defendants' interim plan for the temporary establishment of 76
inpatient intermediate Department of Mental Health (DMH) beds in the
D-5 and D-6 units at Salinas Valley State Prison and 30 beds in the
P-3 Wing at California Medical Facility is approved. The Special
Master shall review these programs, as well as the other intermediate
inpatient DMH programs opened in California Medical Facility and
Salinas Valley State Prison pursuant to the defendants' interim plan
and report to the court by March 31, 2007 on the defendants' success
in implementing these interim programs. (See Order for details).
(Duong, D)
October 30, 2006
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ORDER signed by Judge John F. Moulds on 10/27/06: The Clerk is
directed to pay to J. Michael Keating, Jr., Coleman Special Master the
amount of $257,032.93 and a copy of this order shall be served on the
financial department of this court. (Kaminski, H)
October 30, 2006
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ORDER signed by Judge John F. Moulds on 10/27/06. Within ten days from
the date of this order the Special Master shall report to the court on
the substance of inmate Stanley's allegations. (Kaminski, H)
October 30, 2006
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ORDER signed by Judge Lawrence K. Karlton on 10/27/06. Within thirty
days from the date of this order, defendants shall deposit with the
Clerk of the Court a forty-fourth interim payment of costs in the
amount of $500,000.00 which amount shall be invested in the
interest-bearing account previously opened for this action. The Clerk
is directed to serve a copy of this order o