Case 2:90-cv-00520-KJM-DB Document 5938 Filed 10/05/18 Page 1 of 3

1 XAVIER BECERRA, State Bar No. 118517

Attorney General of California
2 ADRIANO HRVATIN, State Bar No. 220909
Supervising Deputy Attorney General
3 ELISE OWENS THORN, State Bar No. 145931
ANDREW M. GIBSON, State Bar No. 244330
4 TYLER V. HEATH, State Bar No. 271478
IAN MICHAEL ELLIS, State Bar No. 280254
5 TOBIAS G. SNYDER, State Bar No. 289095
Deputy Attorneys General
6 455 Golden Gate Ave., Suite 11000
San Francisco, CA 94102
7 Telephone: (619) 738-9549
Fax: (619) 645-2581
8 E-mail: Andrew.Gibson@doj.ca.gov
Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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14 RALPH COLEMAN, et al., Case No. 2:90-cv-00520 KJM-DB (PC)

15 Plaintiffs, DEFENDANTS’ EX PARTE

APPLICATION TO STAY
16 v. PROCEEDINGS

17 Judge: The Honorable Kimberly J.

EDMUND G. BROWN JR., et al., Mueller
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Defendants.
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21 TO THE COURT AND TO PLAINTIFFS, BY AND THROUGH THEIR COUNSEL:

22 PLEASE TAKE NOTICE that Defendants apply ex parte to this Court for a stay of all

23 proceedings, particularly the October 15, 2018 evidentiary hearing on telepsychiatry and related

24 status conference on staffing issues, to allow Defendants time to review and address a document

25 concerning the California Department of Corrections and Rehabilitation’s (CDCR) Mental Health

26 Services Delivery System (MHSDS) that was provided to Defendants’ counsel on October 3,

27 2018 by CDCR’s Chief Psychiatrist Michael Golding, M.D. Defendants make this application

28 under Federal Rule of Civil Procedure 7 and Civil Local Rule 144(c).
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Defs.’ Ex Parte Appl. to Stay Proceedings (2:90-cv-00520 KJM-DB (PC))
 Case 2:90-cv-00520-KJM-DB Document 5938 Filed 10/05/18 Page 2 of 3

1 The document authored by Dr. Golding makes allegations concerning various aspects of the

2 MHSDS that potentially impact the evidence that Defendants were preparing to present at the

3 evidentiary hearing currently scheduled to begin on October 15, 2018. The allegations also

4 potentially impact other pending matters related to staffing, including matters the Court intended

5 to discuss at the October 15, 2018 status conference. Among other things, the document, which is

6 160-pages long and includes approximately 60 referenced exhibits, questions the methodology

7 through which CDCR calculates multiple mental-health compliance figures and data points and

8 alleges that psychiatrists under Dr. Golding’s leadership are not seeing patients as reported in the

9 data tracking system. Upon receiving the document from the Plata Receiver’s staff the night of
10 October 3, 2018, Defendants provided it to the Special Master and Plaintiffs’ counsel on the
11 morning of October 4, 2018.
12 Dr. Golding’s allegations include references to confidential inmate medical information,
13 and Defendants have not attached the document or detailed its contents in this ex parte
14 application. Defendants are willing to submit the document with attachments to the Court for in
15 camera review upon request.
16 CDCR takes the allegations and claims raised by Dr. Golding seriously. But given the
17 timing of its disclosure, CDCR needs time to evaluate the allegations and determine the extent to
18 which they may impact multiple outstanding issues before the Court, including those to be raised
19 in the October 15, 2018 evidentiary hearing. Accordingly, Defendants request a stay of the
20 October 15, 2018 evidentiary hearing and all related filing deadlines. Defendants request that the

21 Court instead hold a status conference on October 15, 2018 to discuss how the parties and the

22 Special Master, with the Court’s guidance, should proceed to address the document’s allegations.

23 If the Court is not inclined to continue the evidentiary proceedings, Defendants request a short

24 extension of time—from October 8, 2018 to October 10, 2018—to file the parties’ joint exhibit

25 and witness list and proposed hearing schedule.

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Defs.’ Ex Parte Appl. to Stay Proceedings (2:90-cv-00520 KJM-DB (PC))
 Case 2:90-cv-00520-KJM-DB Document 5938 Filed 10/05/18 Page 3 of 3

1 Dated: October 5, 2018 Respectfully submitted,

2 XAVIER BECERRA
Attorney General of California
3 ADRIANO HRVATIN
Supervising Deputy Attorney General
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/s/ ANDREW M. GIBSON
6 ANDREW M. GIBSON
Deputy Attorney General
7 Attorneys for Defendants

8 CF1997CS0003
42060025.docx
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Defs.’ Ex Parte Appl. to Stay Proceedings (2:90-cv-00520 KJM-DB (PC))
 Case 2:90-cv-00520-KJM-DB Document 5938-1 Filed 10/05/18 Page 1 of 3

1 XAVIER BECERRA, State Bar No. 118517

Attorney General of California
2 ADRIANO HRVATIN, State Bar No. 220909
Supervising Deputy Attorney General
3 ELISE OWENS THORN, State Bar No. 145931
ANDREW M. GIBSON, State Bar No. 244330
4 TYLER V. HEATH, State Bar No. 271478
IAN MICHAEL ELLIS, State Bar No. 280254
5 TOBIAS G. SNYDER, State Bar No. 289095
Deputy Attorneys General
6 455 Golden Gate Ave., Suite 11000
San Francisco, CA 94102
7 Telephone: (619) 738-9549
Fax: (619) 645-2581
8 E-mail: Andrew.Gibson@doj.ca.gov
Attorneys for Defendants
9
IN THE UNITED STATES DISTRICT COURT
10
FOR THE EASTERN DISTRICT OF CALIFORNIA
11
SACRAMENTO DIVISION
12

13

14 RALPH COLEMAN, et al., Case No. 2:90-cv-00520 KJM-DB (PC)

15 Plaintiffs, DECLARATION OF ANDREW GIBSON

IN SUPPORT OF DEFENDANTS’ EX
16 v. PARTE APPLICATION TO STAY
PROCEEDINGS
17
EDMUND G. BROWN JR., et al., Judge: The Honorable Kimberly J.
18 Mueller
Defendants.
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21 I, Andrew M. Gibson, declare as follows:

22 1. I am an attorney admitted to practice before the courts of the State of California and

23 this Court. I am employed by the California Attorney General’s Office as a Deputy Attorney

24 General in the Correctional Law Section. I am co-counsel for Defendants in this action. I am

25 competent to testify to the matters set forth in this declaration and, if called upon by this Court, I

26 would do so. I submit this declaration in support of Defendants’ Ex Parte Application to Stay

27 Proceedings.

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Gibson Decl. Supp. Defs.’ Ex Parte Appl. to Stay Proceedings (2:90-cv-00520 KJM-DB (PC))
 Case 2:90-cv-00520-KJM-DB Document 5938-1 Filed 10/05/18 Page 2 of 3

1 2. At 8:30 p.m. on October 3, 2018, I was forwarded a document authored by Michael

2 Golding, M.D., the Chief Psychiatrist for the California Department of Corrections and

3 Rehabilitation (CDCR), sent to the Receiver in Plata v. Brown regarding CDCR’s Mental Health

4 Services Delivery System (MHSDS).

5 3. At 11:47 a.m. the following morning, October 4, 2018, I forwarded the document to

6 Plaintiffs’ counsel. I am informed and believe that the Special Master received a copy that same

7 day.

8 4. Dr. Golding makes allegations concerning various aspects of CDCR’s MHSDS that

9 potentially impact the evidence that Defendants were preparing to present at the evidentiary
10 hearing currently scheduled to begin on October 15, 2018. The allegations also potentially
11 impact other pending matters related to staffing, including matters the Court intended to discuss at
12 the October 15, 2018 status conference. Among other things, the document authored by Dr.
13 Golding, which is 160-pages long and includes approximately 60 referenced exhibits, questions
14 the methodology through which CDCR calculates multiple mental-health compliance figures and
15 data points and alleges that psychiatrists under Dr. Golding’s leadership are not seeing patients as
16 reported in the data tracking system.
17 5. Dr. Golding includes references to confidential inmate medical information, and
18 Defendants have not attached the document or detailed its contents in their ex parte application.
19 Defendants are willing to submit the document and attachments to the Court for in camera review
20 upon request.

21 6. Given the potential impact of the allegations on multiple issues before the Court,

22 including issues that will be addressed at the upcoming evidentiary hearing, Defendants request a

23 stay of the October 15, 2018 evidentiary hearing and all related filing deadlines. Instead,

24 Defendants propose that the Court set a status conference for October 15, 2018 so that the parties

25 and Special Master, with the Court’s guidance, may discuss how best to address the allegations.

26 7. Upon providing Dr. Golding’s allegations to the Special Master and Plaintiffs’

27 counsel, Defendants informed them of their intention to file an ex parte application to stay

28 proceedings. On October 4, 2018, Plaintiffs’ counsel stated that they would not agree to postpone
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Gibson Decl. Supp. Defs.’ Ex Parte Appl. to Stay Proceedings (2:90-cv-00520 KJM-DB (PC))
 Case 2:90-cv-00520-KJM-DB Document 5938-1 Filed 10/05/18 Page 3 of 3

1 the October 15, 2018 hearing. Defendants move ex parte and have not sought to notice this

2 motion on the Court’s law and motion calendar because the matter would not be heard prior to the

3 upcoming October 15, 2018 hearing through a regular noticed motion.

4 8. If the Court is not inclined to continue the evidentiary proceedings, Defendants

5 request a short extension of time—from October 8, 2018 to October 10, 2018—to file the parties’

6 joint exhibit and witness list and proposed hearing schedule.

7 I declare under penalty of perjury that the foregoing is true and correct to the best of my

8 knowledge and that this declaration was executed on October 5, 2018 in San Diego, California.

9 /s/ Andrew M. Gibson

ANDREW M. GIBSON
10 Deputy Attorney General
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Gibson Decl. Supp. Defs.’ Ex Parte Appl. to Stay Proceedings (2:90-cv-00520 KJM-DB (PC))
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8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10

11
RALPH COLEMAN, et al., Case No. 2:90-cv-00520 KJM-DB (PC)
12
Plaintiffs, [PROPOSED] ORDER GRANTING
13 DEFENDANTS’ EX PARTE
v. APPLICATION TO STAY
14 PROCEEDINGS
15 EDMUND G. BROWN JR., et al.,
16 Defendants.
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[Proposed] Order Granting Defs.’ Ex Parte App. to Stay Proceedings (2:90-cv-00520 KJM-DB (PC))
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1 On October 5, 2018, Defendants filed an ex parte application requesting that the Court stay

2 proceedings in this action so that they may review and address a document authored by the

3 California Department of Corrections and Rehabilitation’s Chief Psychologist, Dr. Michael

4 Golding, on October 3, 2018. Good cause appearing, Defendants’ ex parte application is

5 GRANTED.

6 The October 15, 2018 status conference and evidentiary hearing, and all related deadlines,

7 are stayed until further order of this Court. The Court will hold a status conference at 1:00 p.m.

8 on October 15, 2018 to address how the document’s allegations affect pending proceedings in this

9 matter.
10 IT IS SO ORDERED.
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Dated: ___________________________ __________________________________
12 The Honorable Kimberly J. Mueller
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[Proposed] Order Granting Defs.’ Ex Parte App. to Stay Proceedings (2:90-cv-00520 KJM-DB (PC))