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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1 2 3 4 5 6 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: (916) 974-8500 Facsimile: (916) 974-8510 Attorneys for Defendants COUNTY OF SACRAMENTO, SHERIFF SCOTT JONES, AND DEPUTY DAVID McENTIRE 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 9 10 11 12 13 14 15 16 17 18 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, ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) COUNTY OF SACRAMENTO; Sacramento ) County Sheriff SCOTT JONES; Sacramento ) County Sheriff’s Department Deputy DAVID ) McENTIRE (Badge #1356); and DOES 1 ) through 10, inclusive, ) ) Defendants. ) 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 19 Plaintiffs, Estate of Johnathan Rose, by and through his parents Theodore Milton Rose 20 21 and Karen Rose, as successors in interest, Theodore Milton Rose, individually, and Karen Rose, 22 individually, are represented by Stewart Katz of the Law Office of Stewart Katz, Moseley C. 23 Collins, III of the Law Office of Moseley C. Collins, III and Dale K Galipo of the Law Office of 24 Dale K. Galipo. Defendants County of Sacramento and David McEntire (“Defendants”) are 25 represented by Van Longyear and Peter Zilaff of Longyear, O’Dea & Lavra, LLP. 26 /// 27 /// 28 /// -1 For the purposes of reducing trial testimony, the parties through their respective attorneys 1 2 stipulate to the foundation, although not the admissibility, of the following documents. The 3 parties reserve all other objections to the evidence. 1. 4 Each of the photographs included in the parties’ trial exhibits lists depicting and 5 described as the Plaintiffs’ house exterior, interior and surrounding street, marked by bates 6 stamps CO_000306-CO000891, were taken by Sacramento Sheriff’s Department Crime Scene 7 Investigators on the night of January 17 and morning of January 18, 2012 and accurately depict 8 the scene inside and surrounding the Plaintiffs’ house as it appeared at that time. 2. 9 The videos included in Defendants’ trial exhibit list depicting and described as the 10 Rose home interior and exterior, marked by bates stamps CO_001037-CO_001038, were 11 recorded by Sacramento Sheriff’s Department Crime Scene Investigators on the night of January 12 17 and morning of January 18, 2012 and accurately depict the scene inside and surrounding the 13 Plaintiffs’ house as it appeared at that time. 3. 14 Each of the photographs included in the parties’ trial exhibits lists depicting and 15 described as the photographs of Deputy David McEntire, marked by bates stamps CO_000279 – 16 CO_000305, were taken by Sacramento Sheriff’s Department Crime Scene Investigators the 17 night of January 17, 2012 and accurately depict Deputy McEntire as he appeared at that time. 4. 18 Each of the photographs included in the parties’ trial exhibits lists depicting and 19 described as the photographs of Deputy David McEntire, marked by bates stamps CO_000715 – 20 CO_000748, were taken by Sacramento Sheriff’s Department Crime Scene Investigators the 21 early morning of January 18, 2012 and accurately depict Deputy McEntire as he appeared at that 22 time. 5. 23 Each of the photographs included in the parties’ trial exhibits lists depicting and 24 described as the photographs of Deputy David McEntire, marked by bates stamps CO_000940- 25 000971 and CO_001000 – CO_001031, were taken by Sacramento Sheriff’s Department Crime 26 Scene Investigators on January 19, 2012 and accurately depict Deputy McEntire as he appeared 27 at that time. 28 /// -2 1 6. Each of the photographs included in the parties’ trial exhibits lists depicting and 2 described as the photographs of Johnathan Rose in the Mercy San Juan Hospital operating room, 3 marked by bates stamps CO_000972-000987, were taken by Sacramento Sheriff’s Department 4 Crime Scene Investigators on January 17, 2012 and accurately depict Johnathan Rose as he 5 appeared at that time. 6 7. Each of the photographs included in the parties’ trial exhibits lists depicting and 7 described as the photographs of Johnathan Rose during his autopsy by the Sacramento County 8 Department of Coroner, marked by bates stamps CO_001059-001140, were taken on January 19, 9 2012 and accurately depict Johnathan Rose as he appeared at that time. 10 11 12 8. The photographs, listed as Plaintiffs’ exhibits numbers 73 – 78, are photographs of Johnathan Rose that accurately depict him at the time taken. 9. Each of the photographs included in the parties’ trial exhibits lists depicting and 13 described as the photographs of Deputy David McEntire’s duty belt and contents, marked by 14 bates stamps CO_000892-CO_000939 and CO_000988-000999, were taken on January 18 and 15 19, 2012 and accurately depict the duty belt and contents as they appeared at that time. 16 10. The exhibit, identified by parties with bates stamps CO_000096-97, is a diagram 17 and corresponding legend prepared by Sacramento Sheriff’s Department Crime Scene 18 Investigators and depicts the living and dining area of the Plaintiffs’ house on the night of 19 January 17, 2012. The parties agree that the diagram is not to scale. 20 11. The exhibit, identified by bates stamp CO_001036, is an accurate copy of the 21 recorded portion of the interview by Sacramento Sheriffs’ Department Detective Robert Tracy of 22 the Plaintiffs Theodore Milton Rose and Karen Rose, and their adult children Theodore and 23 Tiffany Rose, recorded in the early morning hours of January 18, 2012. 24 12. The exhibit, identified by bates stamp CO_001141, is an accurate recording of 25 Plaintiff Theodore Milton Rose’s telephone call with 911 dispatchers on the night of January 17, 26 2012. The exhibits, listed by Defendants as Exhibits “Q1” and “Q2,” are audio enhanced copies 27 of Plaintiff Theodore Milton Rose’s telephone call with 911 dispatchers on the night of January 28 17, 2012. -3 1 13. The exhibits, identified by bates stamps CO_001033 and CO_001034 (video and 2 audio, respectively), are accurate recordings of the statement by Deputy David McEntire 3 provided to Sacramento Sheriff’s Department Detective Brian Meux in the early morning of 4 January 18, 2012. 5 6 IT IS HEREBY STIPULATED: 7 8 Dated: September 13, 2017 LONGYEAR, O’DEA & LAVRA, LLP 9 By: _/s/ Peter C. Zilaff . VAN LONGYEAR PETER C. ZILAFF Attorneys for Defendants, COUNTY OF SACRAMENTO, SHERIFF SCOTT JONES, AND DEPUTY DAVID McENTIRE 10 11 12 13 14 15 Dated: September 13, 2017 LAW OFFICES OF STEWART KATZ 16 17 18 By: /s/ Stewart Katz STEWART KATZ DALE K. GALIPO MELANIE T. PARTOW MOSELEY C. COLLINS, III Attorneys for Plaintiffs 19 20 21 22 23 IT IS SO ORDERED: 24 25 Dated: September 14, 2017 26 27 28 Troy L. Nunley United States District Judge -4 .

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