Smith v. Youngblood, et al
Filing
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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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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
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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 60 DAY
CONTINUANCE
OF DISCOVERY CUTOFF DATES
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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 Proposed Order to Continue Discovery Cutoff Dates
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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;
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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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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 receiving, and continues to
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receive treatment through a serious of epidural injections;
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WHEREAS, Mr. Fontes’ back condition has now exacerbated an arthritic knee for
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which a knee replacement surgery is being scheduled in early December of 2017, and it is
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anticipated that he will be out of the office to recover from this procedure for approximately 6 to
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8 weeks thereafter,
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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 partially
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completed the depositions of County’s persons most qualified on issues involving AB109,
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classification, gangs and training;
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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 of plaintiff at Lerdo upon his arrival, the completion of the County’s person
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most knowledgeable deposition on County’s on training, gangs and AB109, as well as the
______________________________________________________________________________________ ________________
Stipulation and Proposed Order to Continue Discovery Cutoff Dates
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depositions of plaintiff, his family members and treating medical providers and possibly a
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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 an 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.
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NOW THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES,
THROUGH THEIR RESPECTIVE COUNSEL AS FOLLOWS:
THAT GOOD CAUSE EXISTS TO CONTINUE ALL DATES:
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That the dates set forth in the Court’s order on July 31, 2017 shall be continued
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approximately 60 days allowing both sides to properly complete discovery and to allow
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defendants to have the full participation of Mr. Fontes in this process and in the litigation.
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All discovery, with the exception of expert discovery, shall be completed by Monday
March 26, 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, May 17, 2018;
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The last day to hear dispositive motions shall be Monday, June 4, 2018.
SO STIPULATED
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DATED: November 15, 2017
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LAW OFFICES OF RALPH B. WEGIS
/s/ Ralph B. Wegis
RALPH B. WEGIS
Attorneys for Plaintiff,
WESTON ANTHONY SMITH
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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
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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
March 26, 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, May 17, 2018;
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The last day to hear dispositive motions shall be Thursday, June 7, 2018.
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IT IS SO ORDERED.
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Dated: November 27, 2017
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#23C0086.DOC
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Stipulation and Proposed Order to Continue Discovery Cutoff Dates
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