Prasad et al v. County of Sutter et al

Filing 130

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/4/14 ORDERING that the parties be allowed to preserve the issue of taking the minors' depositions. The parties are given until 3/31/14, to inform the Court as to whether a briefing and hearing schedule should be established regarding this issue.(Mena-Sanchez, L)

1 MICHAEL W. BIEN – 096891
ERNEST GALVAN – 196065
2 KATHRYN G. MANTOAN – 239649
AARON J. FISCHER – 247391
3 JENNIFER L. STARK – 267062
ROSEN BIEN GALVAN & GRUNFELD LLP
4 315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
5 Telephone: [phone]
Facsimile: [phone]
6 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

10 Estate of NATHAN PRASAD, deceased, by and
through MARY PRASAD; MARY PRASAD; T.P.,
11 a minor; and A.P., a minor,
Plaintiffs,
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v.
13 COUNTY OF SUTTER; J. PAUL PARKER,
14 Sutter County Sheriff’s Department Sheriff;
DAVID SAMSON, Sutter County Jail Division
BIDWELL, Sutter
15 Commander; NORMANLieutenant; LOU ANNE
County Jail Corrections
16 CUMMINGS, Sutter County Health Officer;
AMERJIT BHATTAL, Sutter County Assistant
of Human Services – Health Division;
17 Director GARBETT, Sutter County Jail Nurse
BRENT
18 Program Manager; DORIS BROWN, Sutter
County Jail Advanced Registered Nurse
19 Practitioner; MELODY YOUNG, Sutter County
Jail Licensed Vocational Nurse; KIMBERLY
20 WEISS, Sutter County Jail Licensed Vocational
Nurse; GURKIRAT BHANGU, Sutter County
21 Jail Licensed Vocational Nurse; CHRISTINA
STOHLMAN, Sutter County Jail Correctional
22 Officer; LESTER EATON, Sutter County Jail
Correctional Officer; MIGUEL AGUILAR,
Deputy Officer; OLGA
23 Sutter County Jail County Jail Deputy Officer;
TAHARA, Sutter
DIAZ, Sutter
Jail Deputy Officer;
24 ROSACRAWFORD,CountyCounty Jail Deputy
ERIC
Sutter
BALJINDER RAI, Sutter County Jail
25 Officer;Officer; SHANE DICKSON, Sutter
Deputy
Deputy Officer; FREMONT26 County Jail HEALTH GROUP; and MICHAEL
RIDEOUT
27 FRATERS, D.O.,
Defendants.
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[1079490-14]

Case No. 2:12-CV-00592-TLN-CKD
STIPULATION AND ORDER
REGARDING DEPOSITIONS OF
MINOR PLAINTIFFS
Judge: Hon. Troy L. Nunley
Discovery Deadline: Feb. 7, 2014
Trial: Sept. 9, 2014

2:12-CV-00592-TLN-CKD
STIPULATION AND ORDER REGARDING DEPOSITIONS OF MINOR PLAINTIFFS

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The remaining parties to this action seek a stipulation preserving the right of

2 Defendants to take the properly noticed depositions of the minor plaintiffs which were
3 originally noticed for the afternoon of February 3, 2014. The parties also seek to preserve
4 the right of Plaintiffs to file a motion for a protective order regarding those depositions.
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The parties agree that the depositions may not be necessary if Defendants can

6 obtain sufficient information from other sources about the children’s claims. Melody
7 Young has initiated a proceeding to obtain juvenile court files relating to the minor
8 plaintiffs and their younger sister who was recently determined to be the biological child of
9 Nathan Prasad and for whom arrangements are being made to become a plaintiff in this
10 action. Plaintiffs’ counsel and appointed counsel for the minors have filed objections. The
11 hearing regarding defendant Melody Young’s motion to obtain juvenile court and Child
12 Protective Services (CPS) records is scheduled for February 3, 2014 in state court.
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The parties seek the Court’s permission to preserve these issues so that no party

14 need incur the expense of litigating the issue of the children’s depositions at this time
15 should it subsequently be determined that the children’s depositions will not be necessary.
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IT IS SO STIPULATED.

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18 DATED: January 31, 2014

ROSEN BIEN GALVAN & GRUNFELD LLP

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By: /s/ Jennifer L. Stark
Jennifer L. Stark

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Attorneys for Plaintiffs

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23 DATED: January 31, 2014

WILLIAMS & ASSOCIATES

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By: /s/ Kathleen J. Williams (authorized 1/31/14)
Kathleen J. Williams

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Attorneys for Defendant MELODY YOUNG

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[1079490-14]

2:12-CV-00592-TLN-CKD
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STIPULATION AND ORDER REGARDING DEPOSITIONS OF MINOR PLAINTIFFS

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DATED: January 31, 2014

PORTER SCOTT
A Professional Corporation

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By: /s/ John R. Whitefleet (authorized 1/31/14)
John R. Whitefleet
Attorneys for Defendants COUNTY OF SUTTER;
J. PAUL PARKER; DAVID SAMSON; NORMAN
BIDWELL; LOU ANNE CUMMINGS; AMERJIT
BHATTAL; BRENT GARBETT; DORIS
BROWN; KIMBERLY WEISS; GURKIRAT
BHANGU; CHRISTINA STOHLMAN; LESTER
EATON; MIGUEL AGUILAR; OLGA TAHARA;
ROSA DIAZ; ERIC CRAWFORD; BALJINDER
RAI; and SHANE DICKSON

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[1079490-14]

2:12-CV-00592-TLN-CKD
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STIPULATION AND ORDER REGARDING DEPOSITIONS OF MINOR PLAINTIFFS

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ORDER

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This Court, having considered the stipulation of the parties and good cause existing,
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hereby orders that the parties be allowed to preserve the issue of taking the minors’

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depositions. The parties are hereby given until March 31, 2014, to inform the Court as to
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whether a briefing and hearing schedule should be established regarding this issue.
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IT IS SO ORDERED.
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Dated: February 4, 2014

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Troy L. Nunley
United States District Judge

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[1079490-14]

2:12-CV-00592-TLN-CKD
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STIPULATION AND ORDER REGARDING DEPOSITIONS OF MINOR PLAINTIFFS