Vol. 23 No. 13- Coleman/Plata Update

July 17, 2008

In our last update on the prisoner release litigation [Coleman v. Schwarzenegger/Plata v. Schwarzenegger], we informed you that all parties, including intervenors, were actively engaged in the settlement process.  While all of the parties worked tirelessly at reaching a resolution, settlement was not able to be achieved.  On June 23, 2008, the Three-Judge Court announced that the parties were unable to agree to a population level and a schedule for reduction in the prison population.  Status reports and the settlement proposals are now available on the Northern District of California website.

While the breakdown in negotiations by no means precludes the possibility of an “early” resolution, the parties are now preparing for trial.  The trial is scheduled to begin on November 17, 2008.  As noted previously, we have had to review nearly one million (1,000,000) documents provided to us by the Plaintiffs and Defendant; respond to discovery demands; generate our own discovery demands; review and analyze all depositions previously taken of the Plaintiff’s experts; review and summarize all previously propounded discovery; review the reports of the special master and receiver in both the Coleman and Plata cases; and begin to prepare our case on the issues of alternatives to a release order and local impacts.


While we continue to participate in settlement discussions, we are preparing for trial to ensure that the best resolution possible is achieved for the people of the state of California.  We will continue to update you as the case progresses.

We always urge that you confer with your department’s legal advisor and in a matter such as this, it is unquestionably a necessity.  If you wish to discuss this case in greater detail please feel free to contact me at (714) 446-1400 or via email at mjm@jones-mayer.com.