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Coleman v. Schwarzenegger

August 13, 2008

RALPH COLEMAN, ET AL., PLAINTIFFS,
v.
ARNOLD SCHWARZENEGGER, ET AL., DEFENDANTS
MARCIANO PLATA, ET AL., PLAINTIFFS,
v.
ARNOLD SCHWARZENEGGER, ET AL., DEFENDANTS



The opinion of the court was delivered by: John F. Moulds United States Magistrate Judge

UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE

WHEREAS Plaintiffs filed a motion to compel discovery responses on July 31, 2008 (Coleman Docket No. 2903) seeking responses to Plata Plaintiffs' Requests for Production of Documents Nos. 40-43, which request certain data;

WHEREAS plaintiffs' expert Dr. James Austin contends that he needs at least two weeks to analyze the data plaintiffs seek and to produce a report analyzing said data;

WHEREAS Defendants filed their opposition papers on August 5, 2008 (Coleman Docket No. 1365);

WHEREAS the Parties have met and conferred and reached a tentative settlement of the dispute at issue in Plaintiffs' Motion to Compel;

IT IS HEREBY STIPULATED by and between Defendants and Plaintiffs that:

1. Defendants hereby waive the mediation privilege for all data that the CDCR Office of Research previously provided to Dr. James Austin during the prior mediation process in this

Three-Judge proceeding. Defendants aver that such waiver is expressly limited to the data received as described in this paragraph and is limited to this Three-Judge proceeding;

2. Plaintiffs shall withdraw their Motion to Compel responses to Requests for Production of Documents Nos. 40-42;

3. Defendants have sent plaintiffs a set of data that defendants represent is the data they provided to their consultants at U.C. Irvine for the development and analysis of the California Static Risk Assessment Instrument in electronic format, with full documentation, by overnight mail for delivery on Monday, August 11, 2008;

4. Plaintiffs continue their Motion to Compel response to Request for Production of Documents No. 43 until Thursday, August 14, 2008. On or before that date, plaintiffs shall review the documents referenced in paragraph 3 above. If the documents are as represented in paragraph 3, and are complete, accurate and substantially similar to the data requested in Document Request No. 43, plaintiffs shall withdraw the motion;

5. Defendants agree to stipulate to a reasonable extension of time to allow Dr. Austin to disclose a supplemental expert report analyzing the data responsive to Requests Nos. 40-43. Plaintiffs shall be permitted to disclose Dr. Austin's supplemental report on August 27, 2008 or two weeks after the data responsive to Request No. 43 is provided pursuant to paragraph 3 or produced pursuant to court order, whichever is later.

Dated: August 11, 2008

Rebekah Evenson PRISON LAW OFFICE 1917 Fifth Street Berkeley, CA 94710 Telephone: (510) ...


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