Estate of Donald Maliik Levingston et al v. County of Kern et al

Filing 17

ORDER GRANTING 16 Stipulation re: Testimony of Minor Plaintiffs, signed by Magistrate Judge Jennifer L. Thurston on 1/17/2017. (Hall, S)

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1 2 3 4 5 6 7 MARK L. NATIONS, INTERIM COUNTY COUNSEL By: Andrew C. Thomson, Deputy (Bar # 149057) 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, Kern County Sheriff's Office, Sheriff Youngblood, and Deputy Manriquez 8 UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 EASTERN DISTRICT OF CALIFORNIA THE ESTATE OF DONALD MALIIK LEVINGSTON, TRACI MORALES, individually and as successor in interest to the ESTATE OF DONALD MALIIK LEVINGSTON, ELIJAH LEVINGTSON by and through his Guardian Ad Litem TRACI MORALES and ELIZABETH LEVINGSTON, by and through her Guardian Ad Litem TRACI MORALES 16 Plaintiffs, 17 18 19 20 21 22 v. COUNTY OF KERN, KERN COUNTY SHERIFF’S DEPT., DEPUTY DAVID MANRIQUEZ, KERN COUNTY SHERIFF DONNY YOUNGBLOOD, HALL AMBULANCE SERVICE, INC., BRENDA ROBINSON and DOES 1 THROUGH 25, INCLUSIVE 23 24 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-CV-00188 DAD JLT STIPULATION RE TESTIMONY OF MINOR PLAINTIFFS (Doc. 16) 25 COME NOW THE PARTIES IN THIS MATTER: 26 Plaintiffs, the Estate Of Donald Maliik Levingston, Traci Morales, individually and as 27 successor in interest to the Estate Of Donald Maliik Levingston, Elijah Levingston by and 28 through his Guardian Ad Litem Traci Morales and Elizabeth Levingston, by and through her 1 ____________________________________________________________________________________________ STIPULATION RE: DISCOVERY AND TRIAL TESTIMONY OF MINOR PLAINTIFFS 1 Guardian Ad Litem Traci Morales (hereinafter collectively “Plaintiffs”) are represented by 2 Michael J. Curls and Nichelle D. Jones of the Law Offices of Michael J. Curls. 3 Defendants, Hall Ambulance Service, Inc. and Brenda Robinson (hereinafter 4 collectively “Hall Defendants”) are represented by Deborah Susan Tropp of McNeil, Tropp 5 & Braun. 6 Defendants, County of Kern, Kern County Sheriff's Office, Sheriff Youngblood, and 7 Deputy Manriquez, (hereinafter collectively “County Defendants”) are represented by Andrew 8 C. Thomson, of the Office of Kern County Counsel. 9 10 Plaintiffs, Hall Defendants and County Defendants are hereinafter collectively referred to as the “Parties” and provide as follows: 11 12 IT IS HEREBY STIPULATED AND AGREED TO, by and between the Parties to this action through their designated counsel that: 13 Based upon statements by Plaintiffs’ counsel, the Parties are informed and believe 14 that the minor Plaintiffs Elijah Levingston and Elizabeth Levingston (hereinafter the “minor 15 Plaintiffs”) are currently six and eight years old respectively. 16 Based upon statements by Plaintiffs’ counsel, the Parties are informed and believe 17 that the minor plaintiffs do not have any information and/or details about the underlying 18 incident and facts of Decedent’s death, including but not limited to Decedent’s arrest, the 19 transportation of Decedent from the arrest site, any vehicle stops occurring for inspections, 20 assessments and/or to reposition Decedent during transportation in the Sheriff’s vehicle, 21 Decedent’s brief stay and/or treatment at Central Receiving (the Downtown Jail), Decedent’s 22 stay and/or treatment at Kern Medical Center, and/or Decedent’s autopsy including the 23 autopsy and all forensic lab tests and panels. 24 Based upon statements by Plaintiffs’ counsel, the Parties are informed and believe 25 that the minor plaintiffs Elijah Levingston and Elizabeth Levingston are understandably 26 having a difficult time as a result of the loss of Decedent and any questioning on the incident 27 or facts of Decedent‘s death could have an adverse effect on the minor Plaintiffs. 28 \\\ 2 ____________________________________________________________________________________________ STIPULATION RE: DISCOVERY AND TRIAL TESTIMONY OF MINOR PLAINTIFFS 1 IT IS THEREFOR STIPULATED: Based upon the representations by Plaintiffs’ counsel as set forth above, the Parties 2 3 agree and stipulate, as follows: 4 Hall Defendants and County Defendants will not solicit any information in discovery, 5 including in depositions or at trial, regarding the underlying incident and facts of Decedent’s 6 death in this case from the minor Plaintiffs, in an effort to protect the minor Plaintiffs as 7 requested by Plaintiffs’ counsel; and, 8 Neither at trial, nor for any other purpose, will Counsel for minor Plaintiffs illicit, or 9 attempt to illicit, through oral testimony, declaration or in any other manner, any information 10 regarding the incident and or facts regarding Decedent’s death from minor Plaintiffs. 11 DATED: January 11, 2017 12 By: /s/ Nichelle D. Jones _ Michael J. Curls, Esq. Nichelle D. Jones, Esq. Attorneys for Plaintiffs Estate of Donald Maliik Levingston, Traci Morales, Elijah Levingston and Elizabeth Levingston 13 14 15 16 DATED: January 12, 2017 17 McNeil Tropp & Braun LLP By: /s/ Deborah S. Tropp _ Deborah Susan Tropp, Esq. Attorneys for Defendants Hall Ambulance Service, Inc. and Brenda Robinson 18 19 20 Law Offices of Michael J. Curls DATED: January 12, 2017 Mark L. Nations, Interim County Counsel 21 By: /s/ Andrew C. Thomson _ Andrew C. Thomson, Deputy County Of Kern, Kern County Sheriff’s Dept., Deputy David Manriquez, and Kern County Sheriff Donny Youngblood 22 23 24 25 26 /// 27 /// 28 /// 3 ____________________________________________________________________________________________ STIPULATION RE: DISCOVERY AND TRIAL TESTIMONY OF MINOR PLAINTIFFS 1 IT IS APPROVED. 2 IT IS SO ORDERED. 3 Dated: 4 January 17, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 ____________________________________________________________________________________________ STIPULATION RE: DISCOVERY AND TRIAL TESTIMONY OF MINOR PLAINTIFFS

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