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Coleman v. Newsom

United States District Court, E.D. California

September 17, 2019

RALPH COLEMAN, et al., Plaintiffs,
v.
GAVIN NEWSOM, et al., Defendants.

          ORDER

         As required by the court's August 14, 2019 order, ECF No. 6242, the parties have filed responses to that order. ECF No. 6255 (Plaintiffs' Response); ECF No. 6257 (Defendants' Response). The court has reviewed those responses and now makes the following orders.

         1. Without objection, the court's evidentiary hearing to address specific issues arising from the Golding Report and the Neutral Expert Report, as described in the August 14, 2019 order, is set for October 15, 2019 beginning at 9:00 a.m.[1]

         2. The evidentiary hearing will cover the following issues as discussed in the August 14, 2019 order:

a. Issue B: Redefining “Monthly” to Lengthen the Intervals between Enhanced Outpatient (EOP) Appointments;
b. Issue E: Reporting of Scheduled and Missed Appointments; and
c. Issue F: Psychiatric Supervisors Acting As Line Staff.

         As discussed in the August 14, 2019 order, as to each of these issues the hearing will be narrowly focused by the court's questions designed to assist the court in understanding both how and why misleading information in each of the three areas was developed and presented to the court and/or the Special Master. The court also anticipates asking selected questions directed to clarifying the context in which the misleading information was generated and presented. The court may also ask questions concerning remedial steps to cure the misrepresentations retrospectively and prospectively, to clarify steps already taken or that the court may consider ordering.

         As discussed below, the court anticipates hearing testimony from several witnesses identified below. Each witness will be questioned first by the court, with the parties permitted to ask follow-up questions within the parameters defined by the court's questioning. The parties will be permitted to call rebuttal witnesses at the conclusion of the hearing only if allowed by the court, upon a showing that the testimony of any such witness is material to the court's inquiry and necessary to a complete and just resolution of the issues.

         3. Witnesses will be called in the following order and will be questioned about one or more issues, as described below.

a. Dr. Michael Golding: Issues B, E, and F. The court currently anticipates the primary focus of its questioning of Dr. Golding will be on when he learned of the facts surrounding each issue, what steps he took to address each issue internally, and his views, if any, about why one or more issues could not be resolved successfully internally and prior to presentation of misleading information to the court and/or the Special Master.
b. Former Deputy Director Katherine Tebrock: Issues B, E, and F.
c. Dr. David Leidner: Issues B and E.
d. Dr. Laura Ceballos: Issues B and E.
e. Assistant Deputy Director Angela Ponciano: ...

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