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90-520 - (PC) COLEMAN, ET AL V. BROWN, ET AL

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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

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April 22, 2005

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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