United States District Court, E.D. California
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.
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
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;
c. Issue F: Psychiatric Supervisors Acting As Line Staff.
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.
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.
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
c. Dr. David Leidner: Issues B and E.
d. Dr. Laura Ceballos: Issues B and E.
e. Assistant Deputy Director Angela Ponciano: ...