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)

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 [phone]
Fax [phone]
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