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

Filing 29

ORDER GRANTING #27 Stipulation for a Court Conference, signed by Magistrate Judge Jennifer L. Thurston on 3/14/2017. Status Conference SET for 4/27/2017 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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MARK L. NATIONS, INTERIM COUNTY COUNSEL
Andrew C. Thomson, Deputy (SBN 149057)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]
Attorneys for Defendants, County of Kern, Sheriff Youngblood, and Deputy Manriquez
Michael J. Curls, Esq. (SBN 159651)
Nichelle D. Jones, Esq. (SBN 186308)
LAW OFFICE OF MICHAEL J. CURLS
4340 Leimert Blvd., Suite 200
Los Angeles, CA 90008
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs, Estate of Donald Maliik Levingston, Traci Morales, individually and as
Guardian Ad Litem for Elijah Levingston and Elizabeth Levingston

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Deborah S. Tropp, Esq. (SBN 162613)
Christina N. Meissner, Esq. (SBN 278714)
McNEIL, TROPP & BRAUN LLP
2 Park Plaza, Suite 620
Irvine, California 92614
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendants, Hall Ambulance Service, Inc. and Brenda Robinson

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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

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Plaintiffs,
v.

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Case No.: 1:16-CV-00188 DAD JLT
STIPULATION FOR A COURT
CONFERENCE TO AMEND THE
SCHEDULING ORDER
[PROPOSED ORDER]

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STIPULATION FOR A COURT CONFERENCE TO AMEND THE SCHEDULING ORDER

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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
Defendants.

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COME NOW the Parties in this matter, and present this Stipulation requesting a Court
Conference to allow for an amendment to the current scheduling ordered dates.

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Plaintiffs, the Estate Of Donald Maliik Levingston, Traci Morales, individually and as

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successor in interest to the Estate Of Donald Maliik Levingston, Elijah Levingston by and

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through his Guardian Ad Litem Traci Morales and Elizabeth Levingston, by and through her

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Guardian Ad Litem Traci Morales (hereinafter collectively “Plaintiffs”) are represented by

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Michael J. Curls and Nichelle D. Jones of the Law Offices of Michael J. Curls.

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Defendants, Hall Ambulance Service, Inc. and Brenda Robinson (hereinafter

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collectively “Hall Defendants”) are represented by Deborah S. Tropp of McNeil and Christina

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Meissner, Tropp & Braun.

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Defendants, County of Kern, Sheriff Youngblood and Deputy Manriquez, (hereinafter

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collectively “County Defendants”) are represented by Andrew C. Thomson, of the Office of

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Kern County Counsel.

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Plaintiffs, Hall Defendants and County Defendants are hereinafter collectively referred
to as the “Parties” and provide as follows:

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THE PARTIES FIND AND AGREE AS FOLLOWS:

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Pursuant to the Court’s Scheduling Order, non-expert discovery will close on March

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31, 2017.

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Counsel for County Defendants is scheduled to begin a three week trial in Sacramento

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on March 27, 2017, and will be preparing for trial and preparing trial documents and materials

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for the preceding two weeks, from March 13, 2017 to March 27, 2017.

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STIPULATION FOR A COURT CONFERENCE TO AMEND THE SCHEDULING ORDER

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The Parties have recently propounded written discovery, as follows:

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2/24/17 - Defendants propounded Requests for Admissions, Set One, to Plaintiff

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Morales;
2/24/17 - Plaintiff Estate of Levingston propounded Interrogatories, Set One, on
Defendant Manriquez;
2/24/17 - Plaintiff Estate of Levingston propounded Interrogatories, Set One, on
Defendant Sheriff Youngblood;
2/24/17 - Plaintiff Estate of Levingston propounded Interrogatories, Set One, on
Defendant County of Kern;
2/24/17 - Plaintiff Morales propounded Requests for Production, Set One, on
Defendant County of Kern; and,
2/24/17 - Plaintiff Estate of Levingston propounded Interrogatories, Set One, on
Defendant Robinson.

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In addition, Plaintiffs have noticed the following depositions:

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Plaintiffs noticed the deposition of Defendant Robinson for March 16th at 10 a.m. in

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Los Angeles.
Plaintiffs noticed the deposition of witness Paramedic Eastwood for March 16th at 2
p.m. in Los Angeles.
Plaintiffs noticed the deposition of Defendant Manriquez for March 20th at 10 a.m. in
Los Angeles.
Plaintiffs noticed the deposition of witness Deputy Rutter for March 20th at 3 p.m. in
Los Angeles.
Plaintiffs noticed the deposition of witness Deputy Fernandez for March 21st at 10 a.m.
in Los Angeles.
Plaintiffs noticed the deposition of witness Deputy Flores for March 21st at 1 p.m. in
Los Angeles.
Plaintiffs noticed the deposition of witness Deputy Patton for March 21st at 2:30 p.m. in
Los Angeles.
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STIPULATION FOR A COURT CONFERENCE TO AMEND THE SCHEDULING ORDER

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Plaintiffs noticed the deposition of Sheriff Donny Youngblood for March 22nd at 10
a.m. in Los Angeles.
Plaintiffs noticed the deposition of witness Farley for March 27th at 9 a.m. in
Bakersfield.
Plaintiffs noticed the deposition of witness Fox for March 27th at 11 a.m. in
Bakersfield.
Plaintiffs noticed the deposition of witness Trevino for March 27th at 1 p.m. in
Bakersfield.
Plaintiffs noticed the deposition of witness Dr. Amin for March 27th at 3 p.m. in
Bakersfield.
Plaintiffs noticed the deposition of witness Farley for March 27th at 9 a.m. in
Bakersfield.
County Defendants are not available for any of the depositions as noticed, and Hall
Defendants are unavailable for some of the noticed depositions.

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In addition, Plaintiffs have proposed, and the Parties have stipulated to, the filing of a

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First Amended Complaint which will insert new paragraphs, 4 and 5. The new paragraphs

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identify and introduce into the litigation two new Plaintiffs who are the offspring of Decedent.

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County and Hall Defendants believe that since the two omitted heirs were joined as Plaintiffs

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rather than nominal defendants, Defendants need an opportunity to conduct discovery as to the

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new Plaintiffs.

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The Parties agree that all dates and times addressed in the Scheduling Order and

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subsequent Orders should be reviewed and reconsidered in light of the scheduling issues with

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the pending trials of counsel for Hall Defendants and County Defendants, the timing of

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depositions and written discovery responses, along with the addition of two new parties.

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As to the noticed depositions, the Parties have met and conferred and agreed to the

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continuance of the depositions to allow time for trials and trial preparation. The Parties have

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agreed to continuances, to as of yet undecided dates, but by necessity such a date will fall

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outside of the currently scheduled close of discovery.
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STIPULATION FOR A COURT CONFERENCE TO AMEND THE SCHEDULING ORDER

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As to the Parties currently pending written discovery and discovery related to the new
Plaintiffs, the Parties would like to address the scheduling with the Court.

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IT IS THEREFOR STIPULATED:

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Based upon the foregoing, the Parties agree and stipulate, as follows:

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The Parties stipulate to an amendment of the Scheduling Order and agree to participate

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in a Court Conference to address scheduling concerns.

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DATED: March 10, 2017

Law Offices of Michael J. Curls

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By: /s/Nichelle D. Jones
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Michael J. Curls, Esq.
Nichelle D. Jones, Esq.
Attorneys for Plaintiffs Estate of Donald Maliik
Levingston, Traci Morales, Elijah Levingston and
Elizabeth Levingston

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DATED: March 10, 2017

McNeil Tropp & Braun LLP

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By: /s/ Christina Meissner
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Deborah S. Tropp, Esq.
Christina Meissner, Esq.
Attorneys for Defendants Hall Ambulance Service,
Inc. and Brenda Robinson

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STIPULATION FOR A COURT CONFERENCE TO AMEND THE SCHEDULING ORDER

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DATED: March 10, 2017

Mark L. Nations, Interim County Counsel

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By:
/s/ Andrew C. Thomson
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Andrew C. Thomson, Deputy
County Of Kern, Deputy David Manriquez and
Kern County Sheriff Donny Youngblood

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ORDER

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Based upon the stipulation of counsel, the Court ORDERS:

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1.

The Court sets a status conference re: further scheduling on April 27, 20171 at

8:30 a.m. Counsel may appear by telephone by calling [phone] and using access code
1652736#, provided they submit a notice of intent to appear telephonically to
[e-mail] no later than April 21, 2017.

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2.

In the meanwhile, Plaintiff may reset the depositions, set forth above, for dates

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after Mr. Thomson completes his three-week trial.
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IT IS SO ORDERED.
Dated:

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March 14, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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The Court anticipates service on the newly added parties will occur expeditiously so that it will know the extent to
which the new parties will participate in the matter.
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STIPULATION FOR A COURT CONFERENCE TO AMEND THE SCHEDULING ORDER