Johnson et al v. The City of Vallejo et al

Filing 25

STIPULATION and ORDER signed by Judge John A. Mendez on 6/5/2014 ORDERING 24 The parties to this action hereby stipulate to the procedure set forth below for transferring biological samples of the deceased, Mario D.S.M. Romero, from the Solano Co unty Coroner's Office to a laboratory designated in this Order for the purpose of obtaining DNA information. All the parties stipulate to the foregoing and to the chain of custody identified in the Order. Written results of all DNA testing will be provided to all parties to this action. All fees for the referenced DNA testing, including delivery costs are to be paid by Bowles & Verna. (Reader, L)

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MICHAEL P. VERNA (# 84070)
LAWRENCE D. GOLDBERG (# 168142)
BOWLES & VERNA LLP
2121 N. California Blvd., Suite 875
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs JOSEPH L. JOHNSON
and CYNTHIA A. MITCHELL, individually and
as successor-in-interest and personal
representative of decedent MARIO D. S .M. ROMERO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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12 JOSEPH L. JOHNSON, an individual, CYNTHIA
A. MITCHELL, an individual, and as successor-in13 interest and personal representative of decedent
MARIO D. S .M. ROMERO,
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CASE NO. 2:13-cv-01072-JAM-KJN
STIPULATION AND ORDER
REGARDING TESTING OF
BIOLOGICAL SAMPLES

Plaintiffs,
vs.

17 THE CITY OF VALLEJO, a municipality and
charter city; POLICE OFFICER DUSTIN B.
18 JOSEPH, an individual, POLICE OFFICER SEAN
G. KENNEY, an individual, VALLEJO CHIEF OF
19 POLICE JOSEPH M. KREINS, an individual and
DOES 1-5 inclusive,
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Defendants.
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Bowles & Verna LLP
2121 N. California
Suite 875
Walnut Creek 94596

The parties to this action hereby stipulate to the procedure set forth below for
transferring biological samples of the deceased, Mario D.S.M. Romero, from the Solano
County Coroner’s Office to a laboratory designated in the Order below for the purpose
of obtaining DNA information. All the parties stipulate to the foregoing and to the
chain of custody identified in the Order as follows:
GOOD CAUSE having been made to appear and pursuant to the stipulation of all
counsel it is ordered that: Genex Diagnostics, Inc., #180-4616 25th Avenue NE, Seattle,
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STIPULATION AND [PROPOSED] ORDER REGARDING TESTING OF BIOLOGICAL SAMPLES

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Washington 98105 will overnight a DNA test kit directly to the Solano County
Coroner’s Office at 530 Union Avenue, Suite 100, Fairfield, CA 94533, Phone: [phone], via Federal Express. An official at the Solano County Coroner’s Office will
sign for the test kit to maintain the chain of custody. An official from the Coroner’s
Office will then submit a blood spot card in the test kit pursuant to the directions by
Genex Diagnostics, and the blood on the blood spot card will be blood taken from the
decedent Mario D.S.M. Romero. The Solano County Coroner’s Officer will verify prior
to providing the sample from the decedent that more blood samples from the decedent
Mario D.S.M. Romero are available and will be preserved. The Solano County
Coroner’s Office official will then overnight the test kit and the blood spot card to
Genex Diagnostics via Federal Express. Upon receipt of the test kit and the blood spot
card, an official from Genex Diagnostics will sign for the test kit and the blood spot card
to ensure that the chain of custody is maintained.
Genex Diagnostics will then perform a blood test to confirm that it has adequate
blood samples on the blood spot card to perform a DNA test on Mario D.S.M. Romero.
Once it confirms that fact, it will perform the DNA test, and upon completion of the
DNA testing, the results of all testing reports shall be sent to William Nagle at Bowles
& Verna LLP, 2121 North California Boulevard, Suite 875, Walnut Creek, California
94596, to Catherine Haley at the Law Offices of Catherine Haley, 1633 San Pablo
Avenue, Oakland, California 94612, and to Mark A. Jones at Jones & Dyer, 1800 J
Street, Sacramento, California 95811. After the completion of all the testing, the blood
spot card can be destroyed.
Upon completion of the DNA test, a swab of Namaria Romero’s saliva will be
sent by Natasha Romero on behalf of the minor Namaria Romero directly to Genex
Diagnostics in Vallejo California. A swab of Natasha Romero’s saliva will also be sent
directly to Genex Diagnostics in Vallejo California. Written results of all DNA testing
will be provided to all parties to this action.

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STIPULATION AND [PROPOSED] ORDER REGARDING TESTING OF BIOLOGICAL SAMPLES

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All fees for the above-referenced DNA testing, including delivery costs are to be
paid by Bowles & Verna.

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Dated: June 5, 2014

JONES & DYER

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By: /s/____________________________________
Mark A. Jones
Kristen K. Preston
Attorneys for Defendants City of Vallejo,
D. Joseph, S. Kenney and J. Kreins

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Dated: June 5, 2014

CITY OF VALLEJO

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By: /s/____________________________________
Claudia Quintana
Kelly J. Trujillo
Attorneys for Defendants City of Vallejo,
D. Joseph, S. Kenny, and J. Kreins

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Dated: June 5, 2014

BOWLES & VERNA LLP

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By: /s/____________________________________
Lawrence Goldberg
William Nagle
Attorneys for Plaintiffs

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Dated: June 5, 2014

THE HALEY LAW OFFICES, P.C.
LAW OFFICES OF CATHERINE HALEY

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By: /s/____________________________________
Matthew D. Haley
Catherine Haley
Attorneys for Plaintiffs

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STIPULATION AND [PROPOSED] ORDER REGARDING TESTING OF BIOLOGICAL SAMPLES

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ORDER
IT IS SO ORDERED.

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Dated: 6/5/2014
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/s/ John A. Mendez_________
U.S. District Court Judge

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STIPULATION AND [PROPOSED] ORDER REGARDING TESTING OF BIOLOGICAL SAMPLES