Pinell et al v. State of California et al

Filing 21

AMENDED STIPULATION AND ORDER re DNA Testing signed by District Judge Troy L. Nunley on 6/30/2017. (Michel, G.)

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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: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants State of California,
Kernan, California Department of Corrections and
Rehabilitation and Rackley

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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Estate of HUGO PINELL, deceased, by and
through ALLEGRA CASIMIR-TAYLOR,
as Successor in Interest and ALLEGRA
CASIMIR-TAYLOR, Individually,

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2:16-cv-02309 TLN DB
AMENDED STIPULATION
REGARDING DNA TESTING; ORDER

Plaintiff,

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v.

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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

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Defendants.
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The Parties to this action, through their respective counsel, stipulate as follows:

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1.

The Parties have agreed to attempt to resolve the issue of whether Allegra Casimir-

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Taylor is, in fact, the daughter of Hugo Pinell, and has standing to maintain this action, by

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conducting DNA testing.

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///

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Amended Stipulation Regarding DNA Testing; Order (2:16-cv-02309 TLN DB)

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2.

The DNA testing will be completed by the California Department of Justice Bureau

of Forensic Sciences.
3.

Allegra Casimir-Taylor will provide her DNA sample to a representative of a

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laboratory selected by, and as directed by, the California Department of Justice Bureau of

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Forensic Sciences.

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4.

Allegra Casimir-Taylor will make her best efforts to obtain an agreement from her

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mother to provide a DNA sample for testing. If Allegra Casimir-Taylor’s mother agrees to

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provide a DNA sample, the sample will be provided to a representative of a laboratory selected

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by, and as directed, by the California Department of Justice Bureau of Forensic Sciences.

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5.

If Allegra Casimir-Taylor’s mother declines to provide a DNA sample, Allegra

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Casimir-Taylor will provide the California Office of the Attorney General with current contact

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information for her mother, so that a representative of the California Office of the Attorney

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General may contact Allegra Casimir-Taylor’s mother.

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6.

A representative of the California Office of the Attorney General reserves the right to

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be present at the lab when both Allegra Casimir-Taylor and her mother provide their respective

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DNA samples.

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7.

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A DNA sample from Hugo Pinell will be obtained by the California Department of

Justice Bureau of Forensic Sciences.
8.

The hearing of Defendants’ motion to dismiss, currently set for July 13, 2017, will be

continued to September 21, 2017, pending the DNA testing.
9.

If the results of the DNA testing are conclusive, the Parties agree to be bound by the

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results. If DNA testing determines that Allegra Casimir-Taylor is the daughter of Hugo Pinell,

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Defendants will drop their challenge to Allegra Casimir-Taylor’s standing to sue. If DNA testing

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determines that Allegra Casimir-Taylor is not the daughter of Hugo Pinell, Allegra Casimir-

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Taylor will dismiss the action with prejudice.

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10.

In the event that the results of the DNA testing are inconclusive, Allegra Casimir-

Taylor’s standing to sue will be determined by the Court, but no party is precluded from relying

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Amended Stipulation Regarding DNA Testing; Order (2:16-cv-02309 TLN DB)

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on or otherwise using the results to support their respective positions regarding Allegra Casimir-

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Taylor’s standing to maintain this action.

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If any party desires to file the results of the DNA testing with the Court, that party

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will ensure that the results are filed under seal.

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Dated: June 26, 2017

Respectfully submitted,

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AMERIO LAW FIRM, P.C.

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/s/ Jeffrey Fletterick

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JEFFREY FLETTERICK
Attorneys for Plaintiffs
Estate of Hugo Pinell, deceased, by and
through Allegra Casimir-Taylor, as
successor in interest, and Allegra CasimirTaylor, individually

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Dated: June 26, 2017

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
MONICA N. ANDERSON
Supervising Deputy Attorney General

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/s/ Joseph R. Wheeler

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JOSEPH R. WHEELER
Deputy Attorney General
Attorneys for Defendants Kernan, California
Department of Corrections and
Rehabilitation and Rackley

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ORDER
GOOD CAUSE APPEARING, it is ordered that, pending the results of the DNA testing

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as referenced in the stipulation above, the hearing on Defendants’ motion to dismiss shall be

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continued from July 13, 2017, to September 21, 2017, at 2:00 p.m. in Courtroom 2.

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Dated: June 30, 2017

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Troy L. Nunley
United States District Judge

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Amended Stipulation Regarding DNA Testing; Order (2:16-cv-02309 TLN DB)