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L.H. v. Schwarzenegger

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 2, 2009

L.H., A.Z., D.K., D.R., M.N., AND R.C., ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED JUVENILE PAROLEES IN CALIFORNIA, PLAINTIFFS,
v.
ARNOLD SCHWARZENEGGER, GOVERNOR, STATE OF CALIFORNIA, MATTHEW CATE, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION ("CDCR"); SCOTT KERNAN, UNDERSECRETARY OF OPERATIONS, CDCR; BERNARD WARNER, CHIEF DEPUTY SECRETARY OF THE DIVISION OF JUVENILE JUSTICE; RACHEL RIOS, DIRECTOR, DIVISION OF JUVENILE PAROLE OPERATIONS; MARTIN HOSHINO, EXECUTIVE OFFICER OF THE BOARD OF PAROLE HEARINGS ("BPH"); ROBERT DOYLE, CHAIR OF THE BPH; SUSAN MELANSON, HENRY AGUILAR, ASKIA ABDULMAJEED, JOSEPH COMPTON, ROBERT CAMERON, JOYCE ARREDONDO, MARY SCHAMER, AND TRACEY ST. JULIEN, COMMISSIONERS AND BOARD REPRESENTATIVES; CHUCK SUPPLE, EXECUTIVE OFFICER OF THE JUVENILE PAROLE BOARD; CDCR; DIVISION OF JUVENILE JUSTICE; BOARD OF PAROLE HEARINGS; AND THE JUVENILE PAROLE BOARD, DEFENDANTS.*FN1

STIPULATION AND ORDER RE PLAINTIFFS' MOTION TO MONITOR DEFENDANTS' COMPLIANCE WITH THE STIPULATED ORDER FOR PERMANENT INJUNCTIVE RELIEF

Date: April 20, 2009

Time: 10:00 a.m.

Place: Courtroom 4

Judge: Hon. Lawrence K. Karlton

WHEREAS, on February 6, 2009, plaintiffs filed a Motion to Monitor Defendants' Compliance with the Stipulated Order for Permanent Injunctive Relief (the "Motion"), which is set for a hearing before this Court on April 20, 2009,

IT IS HEREBY STIPULATED AND AGREED between the parties to the abovecaptioned case that, for the time period April 1, 2009 -- December 31, 2009, plaintiffs' counsel will be permitted to accompany the Office of the Special Master on up to two monitoring tours per quarter, and will also be permitted to observe parole proceedings and interview staff on up to eight separate one day monitoring tours unaccompanied by the Office of the Special Master. Defendants will provide plaintiffs' counsel with sufficient information on a regular basis to plan their direct monitoring tours. The dates and locations of plaintiffs' eight days of direct monitoring tours are to be mutually agreed upon by the parties through the meet and confer process. The parties will re-visit the issue of plaintiffs' direct monitoring in November 2009 for calendar year 2010. This Stipulation relates solely to the issues raised in the Motion.

Based on the above Stipulation, plaintiffs' counsel request that their Motion be taken off the Court's calendar.

IT IS SO STIPULATED.

Dated: March 31, 2009

ROSEN, BIEN & GALVAN, LLP Gay C. Grunfeld Attorneys for Plaintiffs

Dated: March 31, 2009

HANSON BRIDGETT LLP S. Anne Johnson Attorneys for Defendants

IT IS SO ORDERED.


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