Pinell et al v. State of California et al

Filing 20

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/27/17 ORDERING that pending the results of the DNA testing as referenced in the stipulation above, the hearing on Defendants' motion to dismiss shall be continued from 7/13/17, to 9/21/17, at 2:00 p.m. in Courtroom 2. (Becknal, R)

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Case 2:16-cv-02309-TLN-DB Document 20 Filed 06/28/17 Page 1 of 3 1 2 3 4 5 6 7 8 XAVIER BECERRA, State Bar No. 118517 Attorney General of California MONICA N. ANDERSON, State Bar No. 182970 Supervising Deputy Attorney General JOSEPH R. WHEELER, State Bar No. 216721 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 322-8152 Fax: (916) 324-5205 E-mail: Joseph.Wheeler@doj.ca.gov Attorneys for Defendants State of California, Kernan, California Department of Corrections and Rehabilitation and Rackley 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 15 Estate of HUGO PINELL, deceased, by and through ALLEGRA CASIMIR-TAYLOR, as Successor in Interest and ALLEGRA CASIMIR-TAYLOR, Individually, 16 2:16-cv-02309 TLN DB STIPULATION REGARDING DNA TESTING; ORDER Plaintiff, 17 v. 18 19 20 STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, SCOTT KERNAN, Judge: The Honorable Troy L. Nunley RON RACKLEY, and DOES 1 through 100, Trial Date: Not Set inclusive, Action Filed: September 23, 2016 21 Defendants. 22 23 The Parties to this action, through their respective counsel, stipulate as follows: 24 1. The Parties have agreed to attempt to resolve the issue of whether Allegra Casimir- 25 Taylor is, in fact, the daughter of Hugo Pinell, and has standing to maintain this action, by 26 conducting DNA testing. 27 /// 28 1 Stipulation Regarding DNA Testing; (Proposed) Order (2:16-cv-02309 TLN DB) Case 2:16-cv-02309-TLN-DB Document 20 Filed 06/28/17 Page 2 of 3 1 2 2. of Forensic Sciences. 3 4 The DNA testing will be completed by the California Department of Justice Bureau 3. Allegra Casimir-Taylor will have her blood drawn by a lab selected, and as directed, by the California Department of Justice Bureau of Forensic Sciences. 5 4. Allegra Casimir-Taylor will make her best efforts to obtain an agreement from her 6 mother to provide a blood sample for DNA testing. If Allegra Casimir-Taylor’s mother agrees to 7 provide a blood sample, her mother’s blood will be drawn by a lab selected, and as directed, by 8 the California Department of Justice Bureau of Forensic Sciences. 9 5. A representative of the California Office of the Attorney General reserves the right to 10 be present at the lab when both Allegra Casimir-Taylor and her mother provide their respective 11 blood samples. 12 6. 13 Justice Bureau of Forensic Sciences 14 15 A blood sample from Hugo Pinell will be obtained by the California Department of 7. The hearing of Defendants’ motion to dismiss, currently set for July 13, 2017, will be continued to September 21, 2017, pending the DNA testing. 16 8. If the results of the DNA testing are conclusive, the Parties agree to be bound by the 17 results. If DNA testing determines that Allegra Casimir-Taylor is the daughter of Hugo Pinell, 18 Defendants will drop their challenge to Allegra Casimir-Taylor’s standing to sue. If DNA testing 19 determines that Allegra Casimir-Taylor is not the daughter of Hugo Pinell, Allegra Casimir- 20 Taylor will dismiss the action with prejudice. 21 9 In the event that the results of the DNA testing are inconclusive, Allegra Casimir- 22 Taylor’s standing to sue will be determined by the Court, but no party is precluded from relying 23 on or otherwise using the results to support their respective positions regarding Allegra Casimir- 24 Taylor’s standing to maintain this action. 25 26 /// 27 /// 28 /// 2 Stipulation Regarding DNA Testing; (Proposed) Order (2:16-cv-02309 TLN DB) Case 2:16-cv-02309-TLN-DB Document 20 Filed 06/28/17 Page 3 of 3 1 10. If any party desires to file the results of the DNA testing with the Court, that party 2 will ensure that the results are filed under seal. 3 Dated: June 26, 2017 Respectfully submitted, 4 AMERIO LAW FIRM, P.C. 5 /s/ Jeffrey Fletterick 6 JEFFREY FLETTERICK Attorneys for Plaintiffs Estate of Hugo Pinell, deceased, by and through Allegra Casimir-Taylor, as successor in interest, and Allegra CasimirTaylor, individually 7 8 9 10 Dated: June 26, 2017 Respectfully submitted, 11 13 XAVIER BECERRA Attorney General of California MONICA N. ANDERSON Supervising Deputy Attorney General 14 /s/ Joseph R. Wheeler 15 JOSEPH R. WHEELER Deputy Attorney General Attorneys for Defendants Kernan, California Department of Corrections and Rehabilitation and Rackley 12 16 17 18 19 20 ORDER GOOD CAUSE APPEARING, it is ordered that, pending the results of the DNA testing 21 as referenced in the stipulation above, the hearing on Defendants’ motion to dismiss shall be 22 continued from July 13, 2017, to September 21, 2017, at 2:00 p.m. in Courtroom 2. 23 24 Dated: June 27, 2017 25 26 Troy L. Nunley United States District Judge 27 28 3 Stipulation Regarding DNA Testing; (Proposed) Order (2:16-cv-02309 TLN DB)

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