Stewart v. County of Yuba

Filing 18

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/13/2020 ORDERING that Plaintiff, James Stewart is grated leave to amend to file his Second Amended Complaint for Damages within seven (7) days. The Court's Scheduling Order shall remain unchanged. Plaintiff will not seek a second deposition of Deputy Scott Johannes. (Mena-Sanchez, L)

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LAW OFFICES OF JOHN L. BURRIS
JOHN L. BURRIS, Esq. (SBN 69888)
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]
[e-mail]
LAW OFFICES OF JOHN L. BURRIS
K. CHIKE ODIWE, Esq. (SBN 315109)
9701 Wilshire Blvd., Suite 1000
Beverly Hills, California 90212
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff
JAMES STEWART

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES STEWART, individually and as
Successor in Interest to Decedent JAHMAL
DERRICK STEWART,

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CASE NO.: 2:19-cv-01744-TLN-DB
STIPULATION AND ORDER RE
PLAINTIFF’S REQUEST FOR LEAVE TO
FILE HIS SECOND AMENDED COMPLAINT

Plaintiff,
vs.

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COUNTY OF YUBA, a municipal corporation;
TAMARA PECSI, individually and in her
official capacity as a deputy sheriff for the Yuba
County Sheriff’s Department; and DOES 1-50,
inclusive, individually and in their official
capacity as agents for the Yuba County Sheriff’s
Department,

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Defendants.

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Stipulation and [Proposed] Order - 1

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TO THE HONORABLE COURT:
By and through their counsel of record in this action, Plaintiff JAMES STEWART

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(“Plaintiff”), by and through his attorneys, and defendant, COUNTY OF YUBA (“Defendant”), by
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and through its attorneys, hereby stipulate for the purpose of Plaintiff’s request that the honorable
Court grant Plaintiff leave to amend to file his Second Amended Complaint for Damages, a copy of
which is attached hereto as Exhibit “A.”

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GOOD CAUSE STATEMENT.
1.

On September 3, 2019, Plaintiff filed his original Complaint for Wrongful Death

against the County of San Yuba and DOES 1-50. At the time of the initial filing, Plaintiff did not
know the identities of the individual county agents that they alleged contributed to the death of
Decedent Jahmal Stewart. As such, Plaintiff named the County of Yuba as a Defendant under a
Monell theory of liability and identified DOE Defendants under their remaining theories of liability
stemming from the officer involved shooting death of Jahmal Stewart.
2.

On January 30, 2020, Plaintiff served Defendant County of Yuba with a Request for

Production of Documents, seeking all of the investigatory records related to the death of Jahmal
Stewart.
3.

On or around February 18, 2020, the County of Yuba disclosed Tamara Pecsi as the

officer that shot Decedent Jahmal Stewart to death.
4.

On or February 21, 2020, the parties filed a stipulation to add Tamara Pecsi as a

Defendant in this action.
5.

After the Court entered the parties proposed protective Order, on or around March 5,

2020, Defendant County of Yuba then produced their initial documents responsive to Plaintiff’s
January 30, 2020, Request for Production of Documents, Set One.
6.

Plaintiff’s counsel reviewed the County’s investigatory records, including the

interview of Deputy Scott Johannes. After, on September 25, 2020, Dep. Johannes was deposed.
7.

Plaintiff’s counsel is of the belief that Deputy Johannes’ deposition testimony supports

a claim that he is an integral participant in the death of Jahmal Stewart.
8.

On November 11, 2020, Defendants agreed to stipulate to add Deputy Johannes as a

Defendant in this action with the caveat that said addition would not impact the Court’s current

Stipulation and [Proposed] Order - 2

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Scheduling Order, and that the addition would not give Plaintiff another opportunity to depose

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Deputy Johannes. Plaintiff’s counsel is in agreement with Defendants.

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IT IS HEREBY STIPULATED, by and between Plaintiff and Defendant, by and through
their respective counsel, that:
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Damages, a copy of which is attached hereto as Exhibit “A.”

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2.

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The Court’s Scheduling Order shall remain unchanged and Plaintiff will not seek a
second deposition of Deputy Scott Johannes.

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Plaintiff should be granted leave to amend to file his Second Amended Complaint for

2.

Scott Johannes’ responsive pleadings shall be due thirty (30) days after the Second

Amended Complaint for Damages is served on Deputy Johannes.

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Law Offices of John L. Burris

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Dated: November 12, 2020

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__/s/ Kenneth Chike Odiwe_________________
Kenneth Chike Odiwe
Attorney for Plaintiff

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Porter Scott Attorneys

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Dated: November 12, 2020

*_/s/ _Carl Fessenden__ _____________________
Carl Fessenden
Matthew Gross
Attorneys for Defendants

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Stipulation and [Proposed] Order - 3

ORDER

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The Court, having reviewed the foregoing Stipulation, and good cause appearing therefore:

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IT IS HEREBY ORDERED that Plaintiff, James Stewart is grated leave to amend to file his

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Second Amended Complaint for Damages within seven (7) days.

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IT IS ALSO ORDERED THAT The Court’s Scheduling Order shall remain unchanged.

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IT IS ALSO ORDERED THAT Plaintiff will not seek a second deposition of Deputy Scott

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Johannes.
IT IS SO ORDERED.

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Dated: November 13, 2020
Troy L. Nunley
United States District Judge

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Stipulation and [Proposed] Order - 4