Bhatnagar v. Ingrassia et al

Filing 217

ORDER re plaintiff's blood alcohol content re 200 Stipulation filed by Abhinav Bhatnagar. Signed by Judge Charles R. Breyer on 12/01/08. (be, COURT STAFF) (Filed on 12/1/2008)

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Jenny C. Huang Sarita Ordonez Justice First, LLP 2831 Telegraph Avenue Oakland, CA 94609 Telephone: [phone] Facsimile: [phone] Electronic mail: [e-mail] [e-mail] Jivaka Candappa 46 Shattuck Square, Suite 15 Berkeley, CA 94704 Telephone: [phone] Facsimile: [phone] Electronic mail: [e-mail] Attorneys for Plaintiff ABHINAV BHATNAGAR

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABHINAV BHATNAGAR, Plaintiff v. JASON INGRASSIA, COUNTY OF CONTRA COSTA, and CITY OF SAN RAMON, Defendants.

Case No. CV07-02669 CRB STIPULATION AND [PROPOSED] ORDER RE: PLAINTIFF'S BLOOD ALCOHOL CONTENT AT 2:30 A.M. ON MAY 20, 2006: TESTIMONY OF PHLEBOTOMIST JONATHAN YOUNG AND FORENSIC TOXICOLOGIST STEPHANIE WILLIAMS

All parties, by and through their respective counsel, hereby stipulate that if Phlebotomist Jonathan Young were called to testify as a witness in the matter he would competently testify under oath to the following facts on the basis of his personal knowledge: (1) On May 20, 2006, Phlebotomist Jonathan Young was dispatched to the San Ramon Police Department to perform a blood draw on a subject arrested by Defendant Ingrassia.

STIPULATION AND [PROPOSED] RE: PLAINTIF'S BLOOD ALCOHOL CONTENT AT 2:30 A.M. ON MAY 20, 2006: TESTIMONY OF PHLEBOTOMIST JONATHAN YOUNG AND FORENSIC TOXICOLOGIST STEPHANIE WILLIAMS- CV07-02669 CRB

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(2) On May 20, 2006, at approximately 2:30 a.m., Plaintiff Abhinav Bhatnagar provided a blood sample at the San Ramon Police Department to Phlebotomist Jonathan Young. (3) The blood draw was done according to accepted protocols. (4) Plaintiff Bhatnagar's blood was drawn into two vacuum sealed gray top vials and placed in a tamper-proof envelope and sealed. Further, all parties, by and through their respective counsel, hereby stipulate that if Forensic Toxicologist Stephanie Williams were called to testify as a witness in the matter she would competently testify under oath to the following facts: (1) On May 31, 2006, Stephanie Williams, a licensed forensic toxicologist employed by the Contra Costa County Sheriff's Office Crime Lab scientifically tested Plaintiff's blood sample using the closed head gas chromatography method. (2) Ms. Williams tested Plaintiff's blood in the regular course of her duties and the equipment used to test Plaintiff's blood sample was in proper working order at time she tested Plaintiff's blood sample. At the time that Ms. Williams received the blood evidence envelope containing Mr. Bhatnagar's blood, there was no evidence of tampering. (3) Ms. Williams tested Plaintiff's blood from one of the two vacuum sealed gray top vials that were delivered to the Contra Costa County Sheriff's Office Crime Lab by the San Ramon Police Department on May 24, 2006. (4) Both gray top vials containing Plaintiff's blood were sealed at the time of receipt by Ms. Williams for testing. (5) Ms. Williams unsealed one of the sealed gray top vials to conduct the necessary testing of Plaintiff's blood sample. (6) The testing of Plaintiff's blood sample indicated that Plaintiff's blood alcohol content at 2:30 a.m. on May 20, 2006 was 0.09% when reported to 2 digits, as required by Title 17. //

STIPULATION AND [PROPOSED] RE: PLAINTIF'S BLOOD ALCOHOL CONTENT AT 2:30 A.M. ON MAY 20, 2006: TESTIMONY OF PHLEBOTOMIST JONATHAN YOUNG AND FORENSIC TOXICOLOGIST STEPHANIE WILLIAMS- CV07-02669 CRB

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// (7) Attached as Exhibit ____ is a copy of the Report of Laboratory Examination recording the test results of Plaintiff's blood sample pursuant to Title 17 of the California Code of Regulations. IT IS SO STIPULATED:

JUSTICE FIRST, LLP Date: November 25, 2008 _______/s/ Jenny Huang____ JENNY C. HUANG Attorneys for Plaintiff ABHINAV BHATNAGAR
JIVAKA CANDAPPA

Date: November 25, 2008

/s/ Jivaka Candappa

Attorneys for Plaintiff ABHINAV BHATNAGAR Date: November 25, 2008 McNAMARA DODGE, et al.

By:

/s/ James Fitzgerald____ JAMES FITZGERALD III Attorneys for Defendant JASON INGRASSIA

Date: November 25, 2008

SILVANO B. MARCHESI COUNTY COUNSEL By:____/s/ Janet Holmes_______ JANET HOLMES Deputy County Counsel Attorneys for Defendants COUNTY OF CONTRA COSTA and CITY OF SAN RAMON

PURSUANT TO STIPULATION IT IS SO ORDERED.

STIPULATION AND [PROPOSED] RE: PLAINTIF'S BLOOD ALCOHOL CONTENT AT 2:30 A.M. ON MAY 20, 2006: TESTIMONY OF PHLEBOTOMIST JONATHAN YOUNG AND FORENSIC TOXICOLOGIST STEPHANIE WILLIAMS- CV07-02669 CRB

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STIPULATION AND [PROPOSED] RE: PLAINTIF'S BLOOD ALCOHOL CONTENT AT 2:30 A.M. ON MAY 20, 2006: TESTIMONY OF PHLEBOTOMIST JONATHAN YOUNG AND FORENSIC TOXICOLOGIST STEPHANIE WILLIAMS- CV07-02669 CRB

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C:\Bhatnagar v. Ingrassia\Trial\Stipulations\Stip - Blood alcohol final.wpd

STIPULATION AND [PROPOSED] RE: PLAINTIF'S BLOOD ALCOHOL CONTENT AT 2:30 A.M. ON MAY 20, 2006: TESTIMONY OF PHLEBOTOMIST JONATHAN YOUNG AND FORENSIC TOXICOLOGIST STEPHANIE WILLIAMS- CV07-02669 CRB

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