Smith v. Youngblood, et al

Filing 46

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 11/27/2017 ORDERING that all discovery, with the exception of expert discovery, be completed by 3/26/2018; ORDERING that all counsel to designate experts by 5/17/2018; ORDERING that dispositive motions be heard by 6/7/2018. (Hunt, G)

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1 2 3 4 5 6 7 8 9 10 11 12 13 RALPH B. WEGIS, SBN 67966 LAW OFFICES OF RALPH B. WEGIS 1930 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 TELEPHONE: (661) 635-2100 FAX: (661) 635-2107 rwegis@ralphwegis.com Attorneys for Plaintiff, WESTON ANTHONY SMITH MARK L. NATIONS, COUNTY COUNSEL By: MARSHALL S. FONTES, DEPUTY (SBN 139567) Kern County Administrative Center 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301 Telephone 661-868-3800 Fax 661-868-3805 Attorneys for Defendants, COUNTY OF KERN and DONNY YOUNGBLOOD 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 19 20 21 22 23 WESTON ANTHONY SMITH, ) ) ) Plaintiff, ) ) vs. ) ) COUNTY OF KERN, a public entity, ) DONNY YOUNGBLOOD, an individual ) ) ) Defendants. ) ) ) CASE NO: 1:15-cv-01749-MCE-JLT STIPULATION AND ORDER FOR 60 DAY CONTINUANCE OF DISCOVERY CUTOFF DATES 24 25 Plaintiff, Weston Anthony Smith, and Defendants, County of Kern and Donny 26 Youngblood, have met and conferred through their respective attorneys of record, and now make 27 this joint stipulated request of the Court: 28 ______________________________________________________________________________________ ________________ Stipulation and Proposed Order to Continue Discovery Cutoff Dates 1 1 2 3 4 WHEREAS, the Court’s Order of July 31, 2017 (Docket No. 44) has set the discovery cutoff dates in this matter, as follows: “All discovery, with the exception of expert discovery, shall be completed by Monday, January 15, 2018; 5 All counsel are to designate in writing, file with the Court, and serve upon all other 6 parties the name, address, and area of expertise of each expert they propose to tender at trial not 7 later than Thursday, March 15, 2018; 8 The last day to hear dispositive motions shall be Thursday, April 5, 2018.” 9 WHEREAS, Marshall S. Fontes, the attorney responsible for the representation of 10 defendants, County of Kern and Sheriff Donny Youngblood, has been diagnosed with a 11 herniated disc at the L4/5 level of the lumbar spine and has been receiving, and continues to 12 receive treatment through a serious of epidural injections; 13 WHEREAS, Mr. Fontes’ back condition has now exacerbated an arthritic knee for 14 which a knee replacement surgery is being scheduled in early December of 2017, and it is 15 anticipated that he will be out of the office to recover from this procedure for approximately 6 to 16 8 weeks thereafter, 17 WHEREAS, the parties have diligently been proceeding with discovery, having 18 performed an inspection of the Lerdo Facility, having exchanged a considerable amount of 19 written discovery and production of records relating to issues of both liability and damages, 20 having subpoenaed third party records regarding plaintiff’s damages, having completed the 21 depositions of witnesses that were on duty at the time of incident and/or were involved in its 22 investigation, including Deputies A. Gonzalez, Rivero, Dobbs and Harbour, and having partially 23 completed the depositions of County’s persons most qualified on issues involving AB109, 24 classification, gangs and training; 25 WHEREAS, there remains a significant amount of discovery to be completed, including 26 depositions of other persons most qualified on topics including the layout of the Lerdo barracks, 27 the intake process of plaintiff at Lerdo upon his arrival, the completion of the County’s person 28 most knowledgeable deposition on County’s on training, gangs and AB109, as well as the ______________________________________________________________________________________ ________________ Stipulation and Proposed Order to Continue Discovery Cutoff Dates 2 1 depositions of plaintiff, his family members and treating medical providers and possibly a 2 defense medical examination of plaintiff; 3 WHEREAS, the existing deadlines are very problematic in light of the above described 4 circumstances, and would be prejudicial to the parties, and the interests of justice would be 5 served by an extension of time allowing both sides to complete discovery and to allow 6 defendants to have the full participation of Mr. Fontes in this process. 7 8 9 NOW THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES, THROUGH THEIR RESPECTIVE COUNSEL AS FOLLOWS: THAT GOOD CAUSE EXISTS TO CONTINUE ALL DATES: 10 That the dates set forth in the Court’s order on July 31, 2017 shall be continued 11 approximately 60 days allowing both sides to properly complete discovery and to allow 12 defendants to have the full participation of Mr. Fontes in this process and in the litigation. 13 14 All discovery, with the exception of expert discovery, shall be completed by Monday March 26, 2018; 15 All counsel are to designate in writing, file with the Court, and serve upon all other 16 parties the name, address, and area of expertise of each expert they propose to tender at trial not 17 later than Thursday, May 17, 2018; 18 The last day to hear dispositive motions shall be Monday, June 4, 2018. SO STIPULATED 19 20 DATED: November 15, 2017 21 LAW OFFICES OF RALPH B. WEGIS /s/ Ralph B. Wegis RALPH B. WEGIS Attorneys for Plaintiff, WESTON ANTHONY SMITH 22 23 24 25 26 27 28 DATED: November 15, 2017 OFFICE OF THE COUNTY COUNSEL /s/ Marshall S. Fontes MARSHALL S. FONTES, Attorneys for Defendants, COUNTY OF KERN, and DONNY YOUNGBLOOORDER ______________________________________________________________________________________ ________________ Stipulation and Proposed Order to Continue Discovery Cutoff Dates 3 1 2 3 4 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 March 26, 2018; 5 All counsel are to designate in writing, file with the Court, and serve upon all other 6 parties the name, address, and area of expertise of each expert they propose to tender at trial not 7 later than Thursday, May 17, 2018; 8 The last day to hear dispositive motions shall be Thursday, June 7, 2018. 9 IT IS SO ORDERED. 10 Dated: November 27, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 #23C0086.DOC 27 28 ______________________________________________________________________________________ ________________ Stipulation and Proposed Order to Continue Discovery Cutoff Dates 4

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