Smith v. Youngblood, et al

Filing 44

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 7/28/2017 ORDERING that all discovery, with the exception of expert discovery, be completed by 1/15/2018; ORDERING all counsel to designate experts by 3/15/2018; ORDERING that dispositive motions be heard by 4/5/2018. (Michel, G.)

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RALPH B. WEGIS, SBN 67966
LAW OFFICES OF RALPH B. WEGIS
1930 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301
TELEPHONE: [phone]
FAX: [phone]
[e-mail]
Attorneys for Plaintiff,
WESTON ANTHONY SMITH

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MARK L. NATIONS, INTERIM COUNTY COUNSEL
By: MARSHALL S. FONTES, DEPUTY (SBN 139567)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]

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Attorneys for Defendants, COUNTY OF KERN
and DONNY YOUNGBLOOD

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WESTON ANTHONY SMITH,

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Plaintiff,
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vs.
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COUNTY OF KERN, a public entity,
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DONNY YOUNGBLOOD, an individual )
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Defendants.
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CASE NO: 1:15-cv-01749-MCE-JLT
STIPULATION AND ORDER FOR 120 DAY
CONTINUANCE
OF DATES SET IN AMENDED PRETRIAL
SCHEDULING ORDER

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Plaintiff, Weston Anthony Smith, and Defendants, County of Kern and Donny

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Youngblood, have met and conferred through their respective attorneys of record, and now make

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this joint stipulated request of the Court:

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______________________________________________________________________________________ ________________
Stipulation and Order to Continue Scheduling Order Dates
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WHEREAS, the complaint (Docket No. 2) in this matter was filed on November 17.
2015;
WHEREAS, the Court issued its pre-trial scheduling order (Docket No. 24) on March 1,
2016 and

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WHEREAS, the Court issued its’ Amended Pre-trial Order (Docket No. 31) on

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September 12, 2016; granting a 90 day continuance, due to the pendency of a Rule 12(b)

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motion,;

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WHEREAS, the Court issued its’ Second Amended Pre-trial Scheduling Order (Docket

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No. 38) on January 12, 2017; granting a 120 day continuance, due to health concerns of

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plaintiff’s counsel, Mr. Rosenberg;

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WHEREAS, the Court issued its’ Order (Docket No. 41) granting a stipulated request

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for an additional 120 day continuance of the dates set forth in the Second Amended Pre-trial

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Scheduling Order on April 18, 2017, due to the continued health concerns of Mr. Rosenberg,

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and set the following dates:

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“All discovery, with the exception of expert discovery, shall be completed by Monday
September 18, 2017;

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All counsel are to designate in writing, file with the Court, and serve upon all other

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parties the name, address, and area of expertise of each expert they propose to tender at trial not

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later than Thursday, November 16, 2017;

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The last day to hear dispositive motions shall be Monday, October 2, 2017.”

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WHEREAS, Marshall S. Fontes, the attorney responsible for the representation of

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defendants, County of Kern and Sheriff Donny Youngblood, has been diagnosed with a

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herniated disc at the L4/5 level of the lumbar spine and has been experiencing debilitating pain

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in the lower back and down both legs that has worsened over the last two months; Mr. Fontes is

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currently receiving treatment through a serious of epidural injections, but the condition has

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significantly curtailed the amount time that Mr. Fontes has been capable of working each week

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which has slowed the progress of this case, although it is hoped that the condition will improve

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and that Mr. Fontes can increase his output at work in the near future;
______________________________________________________________________________________ ________________
Stipulation and Order to Continue Scheduling Order Dates
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WHEREAS, the parties have diligently been proceeding with discovery, having

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performed an inspection of the Lerdo Facility, having exchanged a considerable amount of

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written discovery and production of records relating to issues of both liability and damages,

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having subpoenaed third party records regarding plaintiff’s damages, having completed the

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depositions of witnesses that were on duty at the time of incident and/or were involved in its

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investigation, including Deputies A. Gonzalez, Rivero, Dobbs and Harbour, and having started

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the deposition of County’s person most qualified on AB109 assaults;

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WHEREAS, there remains a significant amount of discovery to be completed, including

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depositions of other persons most qualified on topics including the layout of the Lerdo barracks,

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the intake process and classification of plaintiff at Lerdo upon his arrival, the County’s training

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on gangs and AB109, as well as the depositions of plaintiff, his family members and treating

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medical providers and possibly a defense medical examination of plaintiff;

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WHEREAS, the existing deadlines are very problematic in light of the above described

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circumstances, and would be prejudicial to the parties, and the interests of justice would be

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served by a 120 day extension of time allowing both sides to complete discovery and to allow

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defendants to have the full participation of Mr. Fontes in this process.
NOW THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES,

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THROUGH THEIR RESPECTIVE COUNSEL AS FOLLOWS:

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THAT GOOD CAUSE EXISTS TO CONTINUE ALL DATES:

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That the dates set forth in the Court’s order on April 18, 2017 shall be continued 120

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days allowing both sides to properly complete discovery and to allow defendants to have the full

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participation of Mr. Fontes in this process and in the litigation.
All discovery, with the exception of expert discovery, shall be completed by Monday

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January 15, 2018;

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All counsel are to designate in writing, file with the Court, and serve upon all other

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parties the name, address, and area of expertise of each expert they propose to tender at trial not

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later than Thursday, March 15, 2018;

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Stipulation and Order to Continue Scheduling Order Dates
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The last day to hear dispositive motions shall be Thursday, April 5, 2018.

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SO STIPULATED
DATED: July 19, 2017

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/s/ Ralph B. Wegis
RALPH B. WEGIS
Attorneys for Plaintiff,
WESTON ANTHONY SMITH

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LAW OFFICES OF RALPH B. WEGIS

DATED: July 19, 2017

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OFFICE OF THE COUNTY COUNSEL
/s/ Marshall S. Fontes
MARSHALL S. FONTES,
Attorneys for Defendants, COUNTY OF KERN,
and DONNY YOUNGBLOOD

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ORDER

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For GOOD CAUSE shown, and based upon the mutual Stipulation of all parties to this
action, the Court hereby continues the following dates:
All discovery, with the exception of expert discovery, shall be completed by Monday
January 15, 2018;

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All counsel are to designate in writing, file with the Court, and serve upon all other

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parties the name, address, and area of expertise of each expert they propose to tender at trial not

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later than Thursday, March 15, 2018;

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The last day to hear dispositive motions shall be Thursday, April 5, 2018.

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IT IS SO ORDERED.

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Dated: July 28, 2017

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Stipulation and Order to Continue Scheduling Order Dates
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