Sutherland et al v. City of Stockton et al

Filing 52

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 11/15/23 GRANTING 51 Stipulation. Dr. Tovar is permitted to examine Dr. Omalu's Materials taken during his second autopsy, at Dr. Omalu's office, 1621 Executive Court, Sacramento, California 95864 on 11/27/23, starting at 9:00 a.m. Should any issues arise, counsel for the parties shall meet and confer in good faith to resolve them.(Licea Chavez, V)

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V. JAMES DESIMONE (SBN: 119668)
CARMEN D. SABATER (SBN: 303546)
RYANN E. HALL (SBN: 306080)
JENICA P. LEONARD (SBN: 245366)
V. JAMES DESIMONE LAW
13160 Mindanao Way Ste. 280
Marina Del Rey, California 90292
Telephone [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for All Plaintiffs

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DANA A. SUNTAG (SBN: 125127)
JOSHUA J. STEVENS (SBN: 238105)
HERUM\CRABTREE\SUNTAG, LLP
3757 Pacific Avenue, Suite 222
Stockton, California 95207
Telephone: [phone]
[e-mail]
[e-mail]

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Attorneys for All Defendants
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
KAREN SUTHERLAND, et al.
vs.

Case No.: 2:21-cv-01855-WBS-AC

Plaintiffs,

STIPULATION FOR EXCHANGE OF
INFORMATION;
[PROPOSED] ORDER

CITY OF STOCKTON, et al.
Defendants.

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STIPULATION AND ORDER FOR EXCHANGE OF INFORMATION

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All parties, through their counsel of record, enter into this Stipulation.

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RECITALS
A.

On October 8, 2020, Shayne Allen Sutherland (the “Decedent”) died in

San Joaquin County, and his death is the subject of this lawsuit.
B.

On October 9, 2020, San Joaquin County’s Chief Medical Examiner,

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Michael D. Hunter, M.D., performed an autopsy on the Decedent’s body, which included

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taking photographs and/or videos of the Decedent’s body.

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C.

On October 13, 2020, on Plaintiffs’ request, Bennet Omalu, M.D.,

performed a second autopsy of the Decedent, which included taking photographs
and/or videos of the Decedent’s body and tissue samples (“Dr. Omalu’s Materials”).
D.

On September 22, 2023, Plaintiffs issued an expert disclosure that

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included Dr. Omalu as their retained forensic pathology expert, and Defendants issued

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an expert disclosure that included Jason Tovar, M.D., as their retained forensic

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pathology expert.

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STIPULATION

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The parties, through their undersigned counsel of record, agree as follows:

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Plaintiffs and their counsel will permit Dr. Tovar to examine Dr. Omalu’s Materials taken

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during his second autopsy, at Dr. Omalu’s office, 1621 Executive Court, Sacramento,

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California 95864 on November 27, 2023, starting at 9:00 a.m.

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Dated: November 14, 2023

HERUM CRABTREE SUNTAG, LLP

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By:

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Dated: November 14, 2023

/s/ Joshua J. Stevens
DANA A. SUNTAG
JOSHUA J. STEVENS
Attorneys for all Defendants

V. JAMES DESIMONE LAW

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By:___/s/ V. James DeSimone_______
V. JAMES DESIMONE
RYANN E. HALL
JENICA P. LEONARD
Attorneys for all Plaintiffs

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STIPULATION AND ORDER FOR EXCHANGE OF INFORMATION

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[PROPOSED] ORDER
The Court, having considered the parties’ stipulation, and good cause appearing,
rules as follows: the relief the parties request is GRANTED.

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Dr. Tovar is permitted to examine Dr. Omalu’s Materials taken during his second

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autopsy, at Dr. Omalu’s office, 1621 Executive Court, Sacramento, California 95864 on

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November 27, 2023, starting at 9:00 a.m. Should any issues arise, counsel for the

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parties shall meet and confer in good faith to resolve them.

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IT IS SO ORDERED.
Dated: November 15, 2023

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STIPULATION AND ORDER FOR EXCHANGE OF INFORMATION