Smith v. Youngblood, et al

Filing 52

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 11/5/2018 ORDERING all discovery shall be completed by 1/28/2019; Designation of Expert Witnesses due by 3/21/2019; The last day to hear dispositive motions shall be 4/18/2019. (Zignago, K.)

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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, 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,
DONNY YOUNGBLOOD, an individual )
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Defendants.
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CASE NO: 1:15-cv-01749-MCE-JLT
STIPULATION ORDER FOR 90 DAY
CONTINUANCE
OF DISCOVERY CUTOFF DATES;
DECLARATION OF MARSHALL S.
FONTES IN SUPPORT THEREOF

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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 hereby

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make this joint stipulated request of the Court that the current case schedule be amended as set

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forth below.
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Stipulation and Order to Continue Discovery Cutoff Dates
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WHEREAS: This request for a continuance is based upon a series of medical crises

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involving family members of both defense counsel, and plaintiff’s counsel, which have occurred

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since the Court’s last modification of the schedule on July 3, 2018, and which has caused a delay

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in the scheduling of discovery.

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WHEREAS: MARSHALL S. FONTES, represents he is a deputy County Counsel in

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the Office of County Counsel for the County of Kern and at all relevant times has been the sole

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attorney within our office that is assigned to handle the defense of this litigation.

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WHEREAS: Defense Counsel’s wife became suddenly ill and was rushed to the

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hospital by ambulance on the afternoon of July 13, 2018. She was admitted to the hospital for

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approximately 5 days and then required home care after discharge on July 18, 2018. After her

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discharge, defense counsel was taken out of the office for an additional two weeks to assist his

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wife in her recovery. It was anticipated that her health would improve quickly, but unfortunately

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that was not the case. After discharge from the hospital, she remained severely anemic, and

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suffered from dizziness, fatigue, weakness and lethargy. She required assistance with normal

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daily activities and was unable to drive. Defense Counsel was required to tend to his wife, and

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take her to appointments for medical visits, diagnostic testing, lab work, and blood/iron

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infusions, until approximately August 1, 2018.

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WHEREAS: Upon Defense Counsel’s return to his office, a request was made to

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plaintiff’s counsel, for available dates for the depositions of plaintiff and his family members.

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However, before said depositions could be scheduled, plaintiff’s counsel’s mother passed away

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out of state, and caused him to be out of the office for approximately two weeks. Upon his

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return, the parties were looking to set the depositions in early October of 2018.

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WHEREAS: On September 25, 2018, defense counsel was called away from his office

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due to his mother’s emergency admission to a local hospital. Counsel’s mother remained in the

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in the intensive care unit at the Bakersfield Heart Hospital, on a ventilator and unconscious for

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approximately two weeks. Her condition suddenly improved, with her gaining consciousness on

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Friday October 12, 2018, and being extubated on Monday October 15, 2018. She remained

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hospitalized until being discharged to a skilled nursing facility on Friday, October 19, 2018. As
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Stipulation and Order to Continue Discovery Cutoff Dates
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her only next of kin, and needed for providing medical consents, defense counsel remained at her

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bedside with the exception of a few hours for sleep each night during this admission. During the

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hospitalization, and since her discharge to a skilled nursing facility, she has been required to

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undergo dialysis. Due to a clogged dialysis catheter, she was transferred back to the hospital on

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Saturday, October 20, 2018 for its replacement. On Sunday, October 21, 2019, she was again

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discharged to the skilled nursing facility. Outpatient dialysis was attempted on October 23,

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2018, and the catheter clogged again. She underwent another replacement of the catheter on

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October 24, 2018, with dialysis to subsequently occur three times per week. As a result of this

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ongoing medical crisis, defense counsel has been out of the office for the majority of the last

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month and the anticipated depositions of plaintiff and his family have not been able to be

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completed.

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WHEREAS: Counsel have met and conferred about the completion of outstanding

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discovery in this case, it is believed that discovery cannot realistically be completed without a

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ninety day continuance.

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WHEREAS: The parties have been diligently attempting to complete all necessary

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discovery to the extent possible. This discovery has included the performance of an inspection

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of the Lerdo Pre-trial Facility without photography, the exchange of a written discovery and

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production of thousands of pages of records relating to issues of both liability and damages, the

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subpoenaing of third party records regarding plaintiff’s medical treatment and billings, and the

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completion of the depositions of witnesses that were on duty at the time of incident and/or were

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involved in its investigation, including Deputies A. Gonzalez, Rivero, Dobbs and Harbour, as

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well as the depositions of several persons most knowledgeable from the County on a variety of

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topics including: (1) the Prison Realignment Act (“AB 109”), (2) inmate classification, (3) the

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presence of gangs in the facility, (4) the supervision of inmates and (5) training received by

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detention deputies on AB 109 and gang culture.

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WHEREAS: There still remains a significant amount of discovery to be completed,

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including potential depositions of other persons most qualified on topics relating to the layout of

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the Lerdo barracks, the intake process of plaintiff at Lerdo, the depositions of plaintiff, his family
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Stipulation and Order to Continue Discovery Cutoff Dates
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members and treating medical providers, and a possible defense medical examination of

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plaintiff.

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WHEREAS: The parties have been respectful of the medical crises suffered by each

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attorney and have delayed discovery out of this respect. Nevertheless, the outstanding discovery

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is critical and all counsel respectfully request that they are not penalized for compassionately

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addressing an opposing counsel’s family health concerns.

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WHEREAS: In light of the above described circumstances (as further set forth in the

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declaration of FONTES below), the existing deadlines are very problematic and would be

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prejudicial to the parties. The interests of justice would be served by a brief extension of time

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allowing both sides to complete discovery. Accordingly, it is respectfully submitted that good

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cause exists for the continuance of the discovery cut off dates in this matter.

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WHEREAS: To avoid prejudice to all parties, the parties, therefore, stipulate that a

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continuance of the current scheduled dates in this case is necessary to allow sufficient time to

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accommodate the litigants’ schedules and allow for the completion of discovery, and request the

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schedule in this case be amended to reflect the following requested dates:

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NOW THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES,

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THROUGH THEIR RESPECTIVE COUNSEL THAT GOOD CAUSE EXISTS TO

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CONTINUE ALL DATES AS FOLLOWS:

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That the dates set forth in the Court’s order on July 3, 2018 (Doc. No. 50) shall be

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continued approximately 90 days allowing both sides to properly complete discovery in the

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litigation.

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All discovery, with the exception of expert discovery, shall be completed by Monday,
January 28, 2019];

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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 21, 2019;

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The last day to hear dispositive motions shall be Thursday, April 18, 2019.

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Stipulation and Order to Continue Discovery Cutoff Dates
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DATED: October 26, 2018

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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: October 26, 2018

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MARK L. NATIONS, 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 28, 2019;

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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 21, 2019;

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The last day to hear dispositive motions shall be Thursday, April 18, 2019.

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Given the number of extensions in this matter that have already been granted, the

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parties are admonished that no further requests for extensions in this matter will be

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considered.
IT IS SO ORDERED.
DATED: November 5, 2018
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MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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Stipulation and Order to Continue Discovery Cutoff Dates
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