(PC) Coleman v. Newsom ( 2020 )

1 DONALD SPECTER – 083925 MICHAEL W. BIEN – 096891 STEVEN FAMA – 099641 JEFFREY L. BORNSTEIN – 099358 2 MARGOT MENDELSON – 268583 ERNEST GALVAN – 196065 PRISON LAW OFFICE THOMAS NOLAN – 169692 3 1917 Fifth Street LISA ELLS – 243657 Berkeley, California 94710-1916 JENNY S. YELIN – 273601 4 Telephone: (510) 280-2621 MICHAEL S. NUNEZ – 280535 JESSICA WINTER – 294237 5 CLAUDIA CENTER – 158255 MARC J. SHINN-KRANTZ – 312968 DISABILITY RIGHTS EDUCATION CARA E. TRAPANI – 313411 6 AND DEFENSE FUND, INC. ALEXANDER GOURSE – 321631 Ed Roberts Campus AMY XU – 330707 7 3075 Adeline Street, Suite 210 ROSEN BIEN Berkeley, California 94703-2578 GALVAN & GRUNFELD LLP 8 Telephone: (510) 644-2555 101 Mission Street, Sixth Floor San Francisco, California 94105-1738 9 Telephone: (415) 433-6830 10 Attorneys for Plaintiffs 11 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 RALPH COLEMAN, et al., Case No. 2:90-CV-00520-KJM-DB 16 Plaintiffs, STIPULATION AND ORDER TO ADD ADDITIONAL NAMED PLAINTIFFS 17 v. Judge: Hon. Kimberly J. Mueller 18 GAVIN NEWSOM, et al., 19 Defendants. 20 21 22 23 24 25 26 27 1 Pursuant to Federal Rule of Civil Procedure 21, courts have the authority to add 2 parties “at any stage of the action and on such terms as are just.” Fed. R. Civ. P. 21; see 3 also Graves v. Walton Cnty. Bd. of Educ., 686 F.2d 1135, 1138 (5th Cir. 1982) (affirming 4 district court’s decision to allow substitution of additional plaintiffs for original named 5 plaintiffs in school desegregation case); cf. Bain v. Cal. Teachers Ass’n, 891 F.3d 1206, 6 1217 (9th Cir. 2018) (explaining that in cases where a class has been certified, courts have 7 “authority to replace a party with a new one once the case becomes moot”). Currently, the 8 sole named plaintiff in this action who remains in CDCR custody is Ralph Coleman 9 (C09970), a Coleman class member at the Correctional Clinical Case Management System 10 (“CCCMS”) level of care currently housed at the California State Prison, Solano. On 11 June 10, 2020, Plaintiffs’ counsel wrote to counsel for Defendants and identified class 12 members Peter Cockcroft (H86887), Ernesto Venegas (F71732), and Julio Garza (T23444) 13 as proposed additional named class representatives in addition to Mr. Coleman given their 14 longstanding participation in the Mental Health Services Delivery System (“MHSDS”) and 15 their willingness to represent the class. 16 The parties have met and conferred and agree that the Court should allow these 17 three class members to be added as named plaintiffs to represent the Coleman class. 18 Accordingly, the parties request that the Court enter an order adding class members Peter 19 Cockcroft, Ernesto Venegas, and Julio Garza as additional named plaintiffs in this ongoing 20 class action pursuant to Rule 21 of the Federal Rules of Civil Procedure. 21 IT IS SO STIPULATED. 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 1 DATED: August 18, 2020 Respectfully submitted, 2 ROSEN BIEN GALVAN & GRUNFELD LLP 3 4 By: /s/ Lisa Ells Lisa Ells 5 6 Attorneys for Plaintiffs 7 8 DATED: August 18, 2020 XAVIER BECERRA Attorney General of California 9 10 By: /s/ Kyle Lewis Kyle Lewis 11 Deputy Attorney General 12 Attorneys for Defendants 13 14 ORDER 15 16 Pursuant to the foregoing stipulation, the Court hereby grants the parties’ request to 17 add Coleman class members Peter Cockcroft, Ernesto Venegas, and Julio Garza as 18 additional named plaintiffs in this ongoing class action. 19 IT IS SO ORDERED. 20 21 22 DATED: August 18, 2020 23 24 25 26 27