(PC) Coleman v. Newsom

1 DONALD SPECTER – 083925 MICHAEL W. BIEN – 096891 STEVEN FAMA – 099641 JEFFREY L. BORNSTEIN – 099358 MARGOT MENDELSON – 268583 ERNEST GALVAN – 196065 PRISON LAW OFFICE THOMAS NOLAN – 169692 1917 Fifth Street LISA ELLS – 243657 Berkeley, California 94710-1916 JENNY S. YELIN – 273601 Telephone: (510) 280-2621 MICHAEL S. NUNEZ – 280535 JESSICA WINTER – 294237 CLAUDIA CENTER – 158255 MARC J. SHINN-KRANTZ – 312968 DISABILITY RIGHTS EDUCATION CARA E. TRAPANI – 313411 AND DEFENSE FUND, INC. ALEXANDER GOURSE – 321631 Ed Roberts Campus AMY XU – 330707 3075 Adeline Street, Suite 210 ROSEN BIEN Berkeley, California 94703-2578 GALVAN & GRUNFELD LLP Telephone: (510) 644-2555 101 Mission Street, Sixth Floor San Francisco, California 94105-1738 9 Telephone: (415) 433-6830 Attorneys for Plaintiffs 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 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 GAVIN NEWSOM, et al., 19 Defendants.

1 Pursuant to Federal Rule of Civil Procedure 21, courts have the authority to add parties “at any stage of the action and on such terms as are just.” Fed. R. Civ. P. 21; see also Graves v. Walton Cnty. Bd. of Educ., 686 F.2d 1135, 1138 (5th Cir. 1982) (affirming district court’s decision to allow substitution of additional plaintiffs for original named plaintiffs in school desegregation case); cf. Bain v. Cal. Teachers Ass’n, 891 F.3d 1206, 1217 (9th Cir. 2018) (explaining that in cases where a class has been certified, courts have “authority to replace a party with a new one once the case becomes moot”). Currently, the sole named plaintiff in this action who remains in CDCR custody is Ralph Coleman (C09970), a Coleman class member at the Correctional Clinical Case Management System (“CCCMS”) level of care currently housed at the California State Prison, Solano. On June 10, 2020, Plaintiffs’ counsel wrote to counsel for Defendants and identified class members Peter Cockcroft (H86887), Ernesto Venegas (F71732), and Julio Garza (T23444) as proposed additional named class representatives in addition to Mr. Coleman given their longstanding participation in the Mental Health Services Delivery System (“MHSDS”) and their willingness to represent the class.

16 The parties have met and conferred and agree that the Court should allow these 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 Cockcroft, Ernesto Venegas, and Julio Garza as additional named plaintiffs in this ongoing class action pursuant to Rule 21 of the Federal Rules of Civil Procedure.

21 IT IS SO STIPULATED.

22 / / / / / / / / / / / / / / / / / / DATED: August 18, 2020 Respectfully submitted, ROSEN BIEN GALVAN & GRUNFELD LLP 4 By: /s/ Lisa Ells Lisa Ells 6 Attorneys for Plaintiffs DATED: August 18, 2020 XAVIER BECERRA Attorney General of California 10 By: /s/ Kyle Lewis Kyle Lewis Deputy Attorney General Attorneys for Defendants ORDER 16 Pursuant to the foregoing stipulation, the Court hereby grants the parties’ request to add Coleman class members Peter Cockcroft, Ernesto Venegas, and Julio Garza as additional named plaintiffs in this ongoing class action.

IT IS SO ORDERED.

22 DATED: August 18, 2020