Free Notice (Other) - District Court of California - California

Case 3:07-cv-02229-WQH-WMC

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Terry Singleton, Esq. Horacio Barraza, Esq. SINGLETON & ASSOCIATES 1950 Fifth Avenue, Suite 200 San Diego, CA 92101 Tel: (619) 239-3225 Fax: (619) 702-5592 Robert Espinosa L/O OF ROBERT A ESPINOSA 1041 State Street El Centro, CA 92243 Tel: (760) 353-1410 Fax: (760) 353-1457 Attorneys for Plaintiff Alex Giovanniello Erika J. Fernbach GIOVANNIELLO & MICHELS 1470 S. Valley Vista Drive, Suite 200 Diamond Bar, CA 91765 Tel: 909-396-1964 Fax: 909-396-0885 Attorneys for Defendant RENESTER VILLA, LLC dba THE VALLEY INN n/k/a/ BLOSSOM VALLEY INN (erroneously sued and served as Blossom Valley Inn) John P. McCormick, Esq., SBN 38064 Konrad M. Rasmussen, Esq., SBN 157030 McCORMICK & MITCHELL 8885 Rio San Diego Drive, Suite 212 San Diego, CA 92108 Tel: (619) 235-8444 Fax: (619) 294-8447 Attorneys for Defendants CITY OF HOLTVILLE, OFFICER BARRY FORNEY and OFFICER THOMAS IP UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA WILLIAM A. HOGUE, by and through his) CASE NO: 07 CV 2229 WQH (WMC) Guardian ad Litem CASSI DePAOLI, ) ) JOINT DISCOVERY PLAN Plaintiff, ) ) v. ) ) CITY OF HOLTVILLE, a Public Entity; OFFICER) BARRY FORNEY, an Individual; OFFICER) THOMAS IP, an Individual; BLOSSOM VALLEY) INN, business form unknown; TINA TOTEN, an) Individual; NURSE DOE #21, an Individual; and) DOES 1 through 100, Inclusive, ) ) Defendants. ) )
-1JOINT DISCOVERY PLAN

Case 3:07-cv-02229-WQH-WMC

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COME NOW the parties to the instant case, and pursuant to the Order of the Court dated February 29, 2008 and F.R.C.P. 26(f), lodge their joint discovery plan. 1. Depositions

Plaintiffs Plaintiff reserves the right to take depositions of other witnesses upon review of the parties' Initial Disclosures, the Plaintiff intends to take the following depositions in August and September of 2008 in San Diego and Holtville, California: Defendant Officer Barry Forney Defendant Officer Thomas Ip Defendant Tina Toten Director and/or PMQ from defendant Blossom Valley regarding policies and procedures when dealing with patients like plaintiff William A. Hogue. Person(s) from Blosson Valley that spoke to plaintiff's family prior to admission of the plaintiff and after the incident. Other nurses on duty at Blossom Valley at time that police were called regarding plaintiff William Hogue. Any percipient witnesses to the incident yet to be identified upon completion of other depositions and upon review of discovery responses. Defendant Renester Villa, LLC Defendant intends to take the following depositions in September and October 2008 in San Diego and Holtville, California: Plaintiff William A. Hogue Cassi De Paoli Tricia J. Hogue Tom Hogue Efram Guerrero, M.D. Andres Jacobo, M.D. Christopher Lai, M.D., from El Centro Regional Medical Center, El Centro,

-2JOINT DISCOVERY PLAN

Case 3:07-cv-02229-WQH-WMC

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California. Apartment Manager, Maintenance personnel, other employees of the apartment complex, and tenants who were former neighbors of Mr. Hogue from Imperial Villa Apartments. Miguel Colon, Jr., Police Chief. Treating physicians and/or healthcare personnel from El Centro Regional Medical Center, El Centro, California not yet identified. Ambulance personnel not yet identified. Any percipient witnesses to the incident yet to be identified Defendant reserves the right to take depositions of other witnesses upon review of the parties' Initial Disclosures, the completion of other depositions and upon review of discovery responses.Defendants City of Holtville and Officers Forney and Ip Defendants City of Holtville, Officers Forney and Ip intend to take the following depositions in September and October 2008 in San Diego and Holtville, California: Plaintiff William A. Hogue Cassi De Paoli Tricia J. Hogue Tom Hogue Any percipient witnesses to the incident yet to be identified upon completion of other depositions and upon review of discovery responses.. Defendants reserve the right to take depositions of other witnesses upon review of the parties' Initial Disclosures.. 2. Interrogatories

Plaintiffs Plaintiff William Hogue will serve interrogatories to defendants seeking background information relative to the certification and licenses of defendant Blossom Valley to treat and accept guests and/or patients such as William Hogue. Their policies and procedures regarding dealing with patients like William Hogue as well as identifying and background

-3JOINT DISCOVERY PLAN

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information regarding the staff from Blossom Valley that were involved in this incident. Interrogatories requesting background information relating to the Police Officers involved in this incident. Interrogatories which identify other employees and/or witnesses to the incident. Defendant Renester Villa, LLC Defendant RENESTER VILLA, LLC dba THE VALLEY INN n/k/a BLOSSOM VALLEY INN (erroneously sued and served as Blossom Valley Inn) will serve interrogatories to plaintiff seeking background information, information concerning his injuries, medical history, witnesses to the incident and the basis for his claims to include facts in support of liability, damages, and causation. Defendants City of Holtville and Officers Forney and Ip Defendants City of Holtville and Officers Forney and Ip will each serve interrogatories to plaintiff seeking background information, information concerning his injuries, medical history, witnesses to the incident and the bases for his claims. 3. Requests for Production of Documents

Plaintiffs Plaintiff will serve requests for production of documents to defendants seeking plaintiff's medical records and personal file while at Blossom Valley. Requests for production of documents regarding communications with others concerning the incident, photographs of the scene and plaintiff's injuries, as well as documents which support any and all defenses. Documents which identify other employees or witnesses involved in this incident. Documents relating to the personnel files for each of the individual defendants. Plaintiff is aware that a Pitches motion pursuant to Cal. Evid. Code Section 1043 will be required to obtain this information from the defendant Police Officers. Plaintiff will file said motion at the appropriate time. Defendant Renester Villa, LLC Defendant RENESTER VILLA, LLC dba THE VALLEY INN n/k/a BLOSSOM

-4JOINT DISCOVERY PLAN

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VALLEY INN (erroneously sued and served as Blossom Valley Inn) will serve requests for production of documents to plaintiff seeking medical records, communications with others concerning the incident, photographs of the scene and plaintiff's injuries, and documents to support the plaintiff's claims of liability, damages, and causation. Defendants City of Holtville and Officers Forney and Ip Defendants City of Holtville, Officer Forney and Officer Ip will each serve requests for production of documents to plaintiff seeking medical records, communications with others concerning the incident, photographs of the scene and plaintiff's injuries, and documents to support the plaintiffs' claims. 4. Request for Admissions

Plaintiffs Plaintiff will serve Requests for Admissions to defendant Blossom Valley regarding course and scope of employment of their employees during this incident. Defendant Renester Villa, LLC Defendant RENESTER VILLA, LLC dba THE VALLEY INN n/k/a BLOSSOM VALLEY INN (erroneously sued and served as Blossom Valley Inn) will serve requests for admission to plaintiff seeking admissions or denials regarding plaintiff's background information, information concerning his injuries, medical history, witnesses to the incident and the basis for his claims to include facts in support of liability, damages, and causation. Defendants City of Holtville and Officers Forney and Ip None contemplated at this time. 5. Document only depositions

Plaintiffs Plaintiff will requests copies of all documents produced in response to subpoenas issued in this case and reserves the right to serve document only deposition subpoenas duces tecum upon review of the parties' initial disclosures, documents produced and/or completion of depositions. ///

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Defendant Renester Villa, LLC Defendant anticipates serving document only deposition subpoenas duces tecum upon the following entities: A. Custodian of Records: Gold Cross Ambulance Service seeking any and

all records relating to the treatment of William A. Hogue on the date of the incident. B. Custodian of Records: El Centro Regional Medical Center seeking

William A. Hogue's medical records. C. Custodian of Records: Efram Guerrero, M.D., seeking William A.

Hogue's medical records. D. Custodian of Records: Andres Jacobo, M.D., seeking William A. Hogue's

medical records. E. Custodian of Records: Christopher Lai, M.D., seeking William A. Hogue's

medical records. F. records. G. records. H. Custodian of Records: Still to be identified pre- and post - accident physicians Custodian of Records: Dr. Tony Nguyen seeking William A. Hogue's medical Custodian of Records: Dr. Veerinder seeking William A. Hogue's medical

and other health care providers of William A. Hogue seeking any and all medical records. I. Custodian of Records: Still to be identified facilities/residences where plaintiff

William A. Hogue has resided prior to and since the subject incident. J. K. L. Custodian of Records: of Imperial Villa Apartments. Apartment Manager: from Imperial Villa Apartments Custodian of Records: City of Imperial Police Department as to Miguel Colon,

Jr.'s investigation regarding Mr. Hogue. M. Custodian of Records: Superior Court of San Diego or Imperial Counties or

other counties regarding any criminal or civil past records or past lawsuits filed by Mr. Hogue.
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Defendant reserves the right to serve additional document only deposition subpoenas duces tecum upon review of the parties' initial disclosures, documents produced and/or completion of depositions. Defendants City of Holtville and Officers Forney and Ip Defendants anticipate serving document only deposition subpoenas duces tecum upon the following entities: A. Custodian of Records: Gold Cross Ambulance Service seeking any and all

records relating to the treatment of William A. Hogue on the date of the incident. B. Custodian of Records: El Centro Regional Medical Center seeking William

A. Hogue's medical records. C. Custodian of Records: Dr. Veerinder Anand seeking William A. Hogue's

medical records. D. E. Custodian of Records: Dr. Tony Nguyen seeking plaintiff's medical records. Custodian of Records: Still to be identified pre- and post - accident physicians

and other health care providers of William A. Hogue seeking any and all medical records. F. Custodian of Records: Still to be identified facilities where plaintiff William

A. Hogue has resided prior to and since the subject incident. Defendants reserve the right to serve additional document only deposition subpoenas duces tecum upon review of the parties' initial disclosures, documents produced and/or completion of depositions. 6. Requests for Physical Examination Plaintiffs None contemplated at this time. Defendant Renester Villa, LLC Defendant reserves the right to conduct a physical examination of plaintiff upon review of his medical records and/or completion of depositions. Defendants City of Holtville and Officers Forney and Ip Defendants reserve the right to conduct a physical examination of plaintiff upon

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review of his medical records and/or completion of depositions. SINGLETON & ASSOCIATES s/Terry Singleton Terry Singleton Horacio Barraza Attorneys for Plaintiff

DATED:

April 1, 2008

By:

GIOVANNIELLO & MICHELS
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DATED:
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April 1, 2008

By:

s/Alex Giovanniello Alex Giovanniello Attorneys for Defendant RENESTER VILLA, LLC dba THE VALLEY INN n/k/a/ BLOSSOM VALLEY INN (erroneously sued and served as Blossom Valley Inn)

McCORMICK & MITCHELL
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DATED:
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April 1, 2008

By:

s/Konrad M. Rasmussen John P. McCormick Konrad M. Rasmussen Attorneys for Defendants CITY OF HOLTVILLE, OFFICER BARRY FORNEY and OFFICER THOMAS IP

-8JOINT DISCOVERY PLAN