Free Other Notice - District Court of Arizona - Arizona

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Terry Goddard Attorney General Susanna C. Pineda (011293) Catherine M. Bohland (022124) Assistant Attorney Generals 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-4951 Fax: (602) 542-7660 Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA T.C. Mullins, No. CV02-1056 PHX SRB Plaintiff, v. Terry L. Stewart, et al., Defendants. Christian Diaz, Plaintiff, v. Dora Schriro, et al., Defendants. Isadore Baptisto, Plaintiff, v. Charles Ryan, et al., Defendants. No. CV03-1393 PHX SRB No. CV03-1498 PHX SRB DEFENDANTS' NOTICE OF WITNESS AND COUNSEL AVAILABILTY

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Upon the resignation of former Assistant Attorney General Colleen Auer, this matter was reassigned to Assistant Attorney General Susanna Pineda. However, given her trial schedule in other matters, Assistant Attorney General Catherine Bohland was assigned to assist in this matter and Ms. Bohland will be presenting the Diaz matter for Defendants. Thus, this notice includes the availability of both Ms. Pineda and Ms. Bohland. 2 February 20, 2006, is both a Federal and State holiday. 3 The Arizona Department of Corrections has advised that Dr. Baird, who was to testify in this matter, is out on extended medical leave. Although he is currently scheduled to return to work in early March, this date is subject to change due to the nature of his illness. Defendants are working to find a replacement for Dr. Baird if necessary.
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Defendants, by and through their counsel1, pursuant to this Court's order of January 25, 2006, hereby advise the Court of their availability for trial in this matter during the month of February and early March. Due to scheduling conflicts, Defendants are not available for trial until, at the very earliest, the week of February 21, 2006.2 Prior to that date, defense counsel, as well as a number of their key witnesses,3 have scheduling conflicts which preclude their ability to appear for trial on those dates. Undersigned counsel is also scheduled to be out of the office on February 28, and the afternoon of March 3, 2006, for medical and other appointments that cannot be rescheduled. Plaintiff Diaz has written to counsel, and advised that he is available for trial. (See attached letter). Undersigned advises this Court that Plaintiffs Mullins, Diaz and Baptisto have viewed the PBS videotape entitled "Corrections", as well as an ADC video tape depicting the lighting within SMU II. Plaintiffs Mullins and Diaz have also viewed the video which depicts the outdoor recreation area. On the afternoon of February 1, 2006, CO III B. Munz, contacted undersigned counsel and indicated that due to some confusion over which of the three Plaintiffs had earlier viewed the particular tapes, Plaintiff Baptisto was apparently not given the opportunity to view the tape which depicts the recreation areas of SMU II. (See attached e-mail correspondence.) On February 2, 2006, Defendants

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resubmitted the tape to CO III Munz with instructions that he show the tape to Defendant Baptisto. It is anticipated that he will be given the opportunity to see the tape on or about Monday, February 6, 2006. In addition, given the injunctive relief sought, Defendants have disclosed to Plaintiffs the recent changes in ADC outdoor recreation policy that have resulted in an increase in recreation time allotted to all Level Five Inmates, including Plaintiffs, from three (3) to six (6) hours per week. Finally, given this Court's consolidation of these three matters, Defendants have disclosed to all Plaintiffs the recently received expert's report regarding the amount of lighting at SMU II. This report includes the amount of light these inmates are subjected to during the night hours. The expert and his report were noted in the Baptisto Pretrial order. RESPECTFULLY SUBMITTED this 3rd day of February, 2006. TERRY GODDARD Attorney General

s/ Susanna C. Pineda SUSANNA C. PINEDA Assistant Attorney General Attorneys for Defendant

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Original and Copy filed this 3rd day of February, 2006, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, Arizona 85003-2118 Copy mailed the same date to:

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 s/ C. Jordan Secretary to: Susanna C. Pineda IDS03-0427/RSK:G03-03725 945634 Isadore Baptisto #060090 ASPC-Eyman, SMU II P.O. Box 3400 Florence, AZ 85232 Pro Per T.C. Mullins #094524 ASPC-Eyman, SMU II P.O. Box 3400 Florence, AZ 85232 Pro Per Christian Diaz #132778 ASPC-Eyman, SMU II P.O. Box 3400 Florence, AZ 85232 Pro Per

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