Deeths v. Lucile Salter Packard Children's Hospital at Stanford, et al

Filing 73

STIPULATION and ORDER Continuing the December 11, 2013 Case Management Conference re 72 , signed by Magistrate Judge Jennifer L. Thurston on 11/25/2013. Initial Scheduling Conference CONTINUED to 2/5/2014 at 09:00 AM at the United States Courthouse, 510 19th Street (JLT), Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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ORRY P. KORB, County Counsel (S.B. #114399)
MELISSA R. KINIYALOCTS, Deputy County Counsel (S.B. #215814)
STEPHEN H. SCHMID, Deputy County Counsel (S.B. #078055)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding Street, East Wing, Ninth Floor
San Jose, California 95110-1770
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
COUNTY OF SANTA CLARA and JOHN
STIRLING, M.D.

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTINE DEETHS, an individual,

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Plaintiff,

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No.

1:12-CV-02096-LJO-JLT

STIPULATION AND ORDER
CONTINUING THE DECEMBER 11, 2013
CASE MANAGEMENT CONFERENCE

v.

LUCILE SALTER PACKARD CHILDREN’S
HOSPITAL AT STANFORD, a California
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(Doc. 72)

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Defendants.

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The parties jointly submit this Stipulation and [Proposed] Order Continuing the December
11, 2013 Case Management Conference in light of the following facts:

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1.

The following Defendants have filed motions to dismiss the Second Amended

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Complaint: Lucile Salter Packard Children’s Hospital at Stanford, John Stirling, the County of Santa

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Clara, Cedars-Sinai Medical Center, and Christopher Harris. The motions to dismiss the Second

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Amended Complaint were set for hearing on October 31, 2013, but the Court vacated the hearing on

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Defendants’ motions to dismiss and ordered the motions submitted.

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2.

The Court has not yet issued rulings on the motions. As such, the case is not yet at

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issue as to Defendants Lucile Salter Packard Children’s Hospital at Stanford, John Stirling, the

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County of Santa Clara, Cedars-Sinai Medical Center, and Christopher Harris.

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//
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Stipulation and Order Continuing the
December 11, 2013 Case Management Conference

1:12-CV-02096-LJO-JLT

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3.

Further, on June 18 and 26, 2013, the Superior Court for the County of Kern held

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hearings on petitions by Plaintiff Christine Deeths and the County of Santa Clara for disclosure of

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juvenile records pursuant to California Welfare and Institutions Code section 827. The Court

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granted the petitions, subject to an in camera review of the records and a release of the records

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subject to a protective order. The Court, however, has not released the juvenile records. Counsel for

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the County of Santa Clara has twice attempted to determine the status of the release of the juvenile

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records but has not received a response from the Superior Court.

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4.

The pending motions to dismiss may result in some Defendants and claims being

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dismissed from this action. Moreover, the juvenile records from the Superior Court for the County

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of Kern are relevant to the issues in this action and will impact the parties’ ability to: (a) summarize

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the factual and legal contentions at issue in this case; and (b) propose a discovery plan and schedule,

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including an assessment of the types and number of expert witnesses that might be needed in this

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case. Because the operative facts of the case have arisen out of the juvenile dependency proceedings

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involving Plaintiff’s children, the associated court files and related records, presently unavailable to

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the parties, form the bedrock of relevant evidence. Thus, for all parties concerned, discovery cannot

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begin until these records are obtained through the juvenile dependency court.

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Accordingly, the parties stipulate to continue the Case Management Conference to February
5, 2014.
I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/S/) within this efiled document.

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Dated: November 20, 2013

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By:

/S/
MELISSA R. KINIYALOCTS
Deputy County Counsel

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Attorneys for Defendants
COUNTY OF SANTA CLARA and JOHN
STIRLING, M.D.

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Stipulation and Order Continuing the
December 11, 2013 Case Management Conference

1:12-CV-02096-LJO-JLT

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By:

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Dated: November 21, 2013

/S/
SHAWN A. MCMILAN

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Attorney for Plaintiff
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Dated: November 22, 2013

By:

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/S/
BLAKE R. JONES

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Attorneys for Defendants
CHRISTOPHER HARRIS and CEDARS-SINAI
MEDICAL CENTER

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Dated: November 22, 2013

By:

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/S/
CARRIE HOPE WEINSTEIN

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Attorneys for Defendant
ANTHONY THOMAS

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Dated: November 22, 2013

By:

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/S/
JEREMY SWANSON

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Attorneys for Defendants
TARA CRUZ and EDDIE CRUZ

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Dated: November 20, 2013
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By:

/S/
DAVID SHEUERMAN

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Attorneys for Defendant
LUCILE SALTER PACKARD CHILDREN’S
HOSPITAL AT STANFORD

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Stipulation and Order Continuing the
December 11, 2013 Case Management Conference

1:12-CV-02096-LJO-JLT

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Dated: November 22, 2013

By:

/S/
BRUCE JAMES BERGER

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Attorneys for Defendant
LEGACY BEHAVIORAL SERVICES, INC.

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ORDER

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Before the Court is the stipulation of the parties seeking to continue the scheduling

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conference. (Doc. 72) The stipulation is based, in part, on the fact that the motion to dismiss the

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second amended complaint is pending. Id. at 1. Likewise, the parties note that the Kern County

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Juvenile Court, though having granted the Petition for Disclosure of Juvenile Records (Cal. Welf. &

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Inst. Code § 827), has not yet disclosed the records pending an in camera review.

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Based upon the stipulation, the Court finds good cause to continue the scheduling conference

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to allow the order on the motion to dismiss to be issued. However, the Court does not find good

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cause exists based upon the failure to receive the juvenile records. Indeed, discovery has not yet

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been opened so receiving these records during the discovery period, imposes no prejudice and, given

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the Kern County Superior Court has had the review pending since June 2013, it is unknown when

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that review will occur. Therefore, the Court ORDERS:

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1.

The stipulation to continue the scheduling conference is GRANTED:

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2.

The scheduling conference is CONTINUED from December 11, 2013 to February 5,

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2013 at 9:00 a.m. The parties SHALL file their joint statement no later than January 29, 2013.

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IT IS SO ORDERED.
Dated:

November 25, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order Continuing the
December 11, 2013 Case Management Conference

1:12-CV-02096-LJO-JLT