Rose, et al v. County of Sacramento, et al

Filing 124

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/14/17 GRANTING 119 the Foundation of Exhibits.(Becknal, R)

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LONGYEAR, O’DEA & LAVRA, LLP
Van Longyear, CSB No. 84189
Peter C. Zilaff, CSB No. 272658
3620 American River Drive, Suite 230
Sacramento, CA 95864
Phone: [phone]
Facsimile: [phone]
Attorneys for Defendants COUNTY OF SACRAMENTO,
SHERIFF SCOTT JONES, AND DEPUTY DAVID McENTIRE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

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Estate of JOHNATHAN ROSE, deceased, by
and through his parents THEODORE
MILTON ROSE and KAREN ROSE, as
successors in interest; THEODORE MILTON
ROSE, Individually; and KAREN ROSE,
Individually,

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Plaintiffs,
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vs.
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COUNTY OF SACRAMENTO; Sacramento )
County Sheriff SCOTT JONES; Sacramento )
County Sheriff’s Department Deputy DAVID )
McENTIRE (Badge #1356); and DOES 1
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through 10, inclusive,
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Defendants.
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Case No. 2:13-cv-01339 TLN EFB
STIPULATION REGARDING THE
FOUNDATION OF EXHIBITS AND
ORDER

Trial Date: September 18, 2017
Time: 9:00 a.m.
Ctrm: 2
Judge: Hon. Troy L. Nunley

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Plaintiffs, Estate of Johnathan Rose, by and through his parents Theodore Milton Rose

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and Karen Rose, as successors in interest, Theodore Milton Rose, individually, and Karen Rose,

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individually, are represented by Stewart Katz of the Law Office of Stewart Katz, Moseley C.

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Collins, III of the Law Office of Moseley C. Collins, III and Dale K Galipo of the Law Office of

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Dale K. Galipo. Defendants County of Sacramento and David McEntire (“Defendants”) are

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represented by Van Longyear and Peter Zilaff of Longyear, O’Dea & Lavra, LLP.

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For the purposes of reducing trial testimony, the parties through their respective attorneys

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stipulate to the foundation, although not the admissibility, of the following documents. The

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parties reserve all other objections to the evidence.
1.

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Each of the photographs included in the parties’ trial exhibits lists depicting and

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described as the Plaintiffs’ house exterior, interior and surrounding street, marked by bates

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stamps CO_000306-CO000891, were taken by Sacramento Sheriff’s Department Crime Scene

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Investigators on the night of January 17 and morning of January 18, 2012 and accurately depict

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the scene inside and surrounding the Plaintiffs’ house as it appeared at that time.
2.

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The videos included in Defendants’ trial exhibit list depicting and described as the

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Rose home interior and exterior, marked by bates stamps CO_001037-CO_001038, were

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recorded by Sacramento Sheriff’s Department Crime Scene Investigators on the night of January

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17 and morning of January 18, 2012 and accurately depict the scene inside and surrounding the

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Plaintiffs’ house as it appeared at that time.
3.

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Each of the photographs included in the parties’ trial exhibits lists depicting and

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described as the photographs of Deputy David McEntire, marked by bates stamps CO_000279 –

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CO_000305, were taken by Sacramento Sheriff’s Department Crime Scene Investigators the

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night of January 17, 2012 and accurately depict Deputy McEntire as he appeared at that time.
4.

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Each of the photographs included in the parties’ trial exhibits lists depicting and

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described as the photographs of Deputy David McEntire, marked by bates stamps CO_000715 –

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CO_000748, were taken by Sacramento Sheriff’s Department Crime Scene Investigators the

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early morning of January 18, 2012 and accurately depict Deputy McEntire as he appeared at that

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time.
5.

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Each of the photographs included in the parties’ trial exhibits lists depicting and

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described as the photographs of Deputy David McEntire, marked by bates stamps CO_000940-

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000971 and CO_001000 – CO_001031, were taken by Sacramento Sheriff’s Department Crime

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Scene Investigators on January 19, 2012 and accurately depict Deputy McEntire as he appeared

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at that time.

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6.

Each of the photographs included in the parties’ trial exhibits lists depicting and

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described as the photographs of Johnathan Rose in the Mercy San Juan Hospital operating room,

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marked by bates stamps CO_000972-000987, were taken by Sacramento Sheriff’s Department

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Crime Scene Investigators on January 17, 2012 and accurately depict Johnathan Rose as he

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appeared at that time.

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7.

Each of the photographs included in the parties’ trial exhibits lists depicting and

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described as the photographs of Johnathan Rose during his autopsy by the Sacramento County

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Department of Coroner, marked by bates stamps CO_001059-001140, were taken on January 19,

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2012 and accurately depict Johnathan Rose as he appeared at that time.

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8.

The photographs, listed as Plaintiffs’ exhibits numbers 73 – 78, are photographs

of Johnathan Rose that accurately depict him at the time taken.
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Each of the photographs included in the parties’ trial exhibits lists depicting and

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described as the photographs of Deputy David McEntire’s duty belt and contents, marked by

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bates stamps CO_000892-CO_000939 and CO_000988-000999, were taken on January 18 and

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19, 2012 and accurately depict the duty belt and contents as they appeared at that time.

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10.

The exhibit, identified by parties with bates stamps CO_000096-97, is a diagram

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and corresponding legend prepared by Sacramento Sheriff’s Department Crime Scene

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Investigators and depicts the living and dining area of the Plaintiffs’ house on the night of

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January 17, 2012. The parties agree that the diagram is not to scale.

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11.

The exhibit, identified by bates stamp CO_001036, is an accurate copy of the

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recorded portion of the interview by Sacramento Sheriffs’ Department Detective Robert Tracy of

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the Plaintiffs Theodore Milton Rose and Karen Rose, and their adult children Theodore and

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Tiffany Rose, recorded in the early morning hours of January 18, 2012.

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12.

The exhibit, identified by bates stamp CO_001141, is an accurate recording of

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Plaintiff Theodore Milton Rose’s telephone call with 911 dispatchers on the night of January 17,

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2012. The exhibits, listed by Defendants as Exhibits “Q1” and “Q2,” are audio enhanced copies

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of Plaintiff Theodore Milton Rose’s telephone call with 911 dispatchers on the night of January

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17, 2012.

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13.

The exhibits, identified by bates stamps CO_001033 and CO_001034 (video and

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audio, respectively), are accurate recordings of the statement by Deputy David McEntire

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provided to Sacramento Sheriff’s Department Detective Brian Meux in the early morning of

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January 18, 2012.

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IT IS HEREBY STIPULATED:

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Dated: September 13, 2017

LONGYEAR, O’DEA & LAVRA, LLP

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By: _/s/ Peter C. Zilaff
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VAN LONGYEAR
PETER C. ZILAFF
Attorneys for Defendants, COUNTY OF
SACRAMENTO, SHERIFF SCOTT
JONES, AND DEPUTY DAVID
McENTIRE

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Dated: September 13, 2017

LAW OFFICES OF STEWART KATZ

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By: /s/ Stewart Katz
STEWART KATZ
DALE K. GALIPO
MELANIE T. PARTOW
MOSELEY C. COLLINS, III
Attorneys for Plaintiffs

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IT IS SO ORDERED:

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Dated: September 14, 2017

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Troy L. Nunley
United States District Judge

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