Smith v. Youngblood, et al

Filing 55

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 3/13/19 ORDERING that the initial disclosure of expert witnesses shall be served and filed on 4/3/2019 and supplemental expert disclosure shall remain due 20 days from 3/21/2019, by 4/10/2019. (Kastilahn, A)

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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
MARGO A. RAISON, 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]
Attorneys for Defendants, COUNTY OF KERN
and DONNY YOUNGBLOOD
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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 TO
CONTINUE DATE FOR INITIAL
DISCLOSURE OF EXPERT WITNESSES TO
APRIL 3, 2019; 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 to

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continue the date for the initial disclosure of expert witnesses to April 3, 2019, from the presently

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scheduled date of March 21, 2019, as set forth below. ALL OTHER SCHEDULED DATES
______________________________________________________________________________________ ________________
Stipulation and Order to Continue Date For Initial Disclosure Of Expert Witnesses To April 3, 2019, etc.
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WOULD REMAIN INTACT AND UNCHANGED.
WHEREAS: the Court’s initial scheduling order of February 29, 2016, provided that

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

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name, address, and area of expertise of each expert that they propose to tender at trial … The

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designation shall be accompanied by a written report prepared and signed by the witness. The

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report shall comply with Fed. R. Civ. P. 26(a)(2)(B)”; and

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WHEREAS: On or about November 5, 2018, the Court ordered that “All counsel are to
designate in writing, file with the Court, and serve upon all other parties the name, address, and
area of expertise of each expert they propose to tender at trial not later than Thursday, March 21,
2019”; and that “Given the number of extensions in this matter that have already been granted,
the parties are admonished that no further requests for extensions in this matter will be
considered”; and
WHEREAS: Based on the language of the Court’s November 5, 2018, Order, the
parties are uncertain as to whether they are required to submit the written report required by Fed.
R. Civ. P. 26(a)(2)(B), or instead to file with the Court, and serve upon all other parties the name,
address, and area of expertise of each expert they propose to tender at trial; and
WHEREAS: Charles Hinkin, Ph.D., a neuro-psychologist, the retained expert to be
designated by the Defendants, will be unable to provide the written report required by Fed. R.
Civ. P. 26(a)(2)(B) because he has been unable perform an independent medical examination of
the Plaintiff due to scheduling difficulties, as set forth in the supporting declaration, and the
earliest the examination could be set is March 21, 2019; and
Whereas: The Court’s Order of February 29, 2016, provided that “[a]ll experts

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designated are to be fully prepared at the time of designation to render an informed opinion, and

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give their bases for their opinion, so that they will be able to give full and complete testimony at

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any deposition taken by the opposing party. Experts will not be permitted to testify at the trial as

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to any information gathered or evaluated, or opinion formed, after deposition taken subsequent to

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designation”; and

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WHEREAS: Out of an abundance of caution, and in the interests of justice, the parties
do not wish to prejudice their rights or disobey the Court by submitting only the “name, address,
______________________________________________________________________________________ ________________
Stipulation and Order to Continue Date For Initial Disclosure Of Expert Witnesses To April 3, 2019, etc.
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and area of expertise of each expert they propose to tender at trial” as set forth in the Court’s

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November 5, 2018, Order, if the Court intended that “[t]he designation shall be accompanied by

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a written report prepared and signed by the witness. The report shall comply with Fed. R. Civ. P.

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26(a)(2)(B)” as set forth in the Court’s initial scheduling order of February 29, 2016; and

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WHEREAS: Counsel have met and conferred and are scheduling Plaintiff’s

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examination with Dr. Hinkin on March 21, 2019, the extension of the initial disclosure date to

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April 3, 2019, would allow the Defendants’ expert to prepare a written report in compliance

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with Fed. R. Civ. P. 26(a)(2)(B) , leaving all other dates unchanged and intact, including the
supplemental expert disclosure which is scheduled for April 10, 2019:
NOW THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES,
THROUGH THEIR RESPECTIVE COUNSEL THAT GOOD CAUSE EXISTS TO
CONTINUE ALL DATES AS FOLLOWS:
That the initial disclosure of expert witnesses shall be served and filed on April 3, 2019.
Supplemental expert disclosure shall remain due 20 days from March 21, 2019, by April 10, 2019.
DATED: March __, 2019

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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: March __, 2019

MARGO A. RAISON, COUNTY COUNSEL
/s/ Marshall S. Fontes
MARSHALL S. FONTES,
Attorneys for Defendants, COUNTY OF KERN,
and DONNY YOUNGBLOOD

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______________________________________________________________________________________ ________________
Stipulation and Order to Continue Date For Initial Disclosure Of Expert Witnesses To April 3, 2019, etc.
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ORDER

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Good cause having been shown, and based upon the mutual Stipulation of all parties to

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this action, the Court hereby orders that the initial disclosure of expert witnesses shall be served

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and filed on April 3, 2019. Supplemental expert disclosure shall remain due 20 days from March

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21, 2019, by April 10, 2019.

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IT IS SO ORDERED.
Dated: March 13, 2019

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______________________________________________________________________________________ ________________
Stipulation and Order to Continue Date For Initial Disclosure Of Expert Witnesses To April 3, 2019, etc.
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