Jennifer DeLuca, et al. v. Kern County Sheriff’s Office, et al.

United States District Court for the Eastern District of California

Jennifer DeLuca, et al. v. Kern County Sheriff’s Office, et al.

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JENNIFER DELUCA, et al., Case No. 1:24-cv-01524-CDB

12 Plaintiffs, ORDER ON STIPULATION GRANTING PLAINTIFFS LEAVE TO FILE FIRST 13 v. AMENDED COMPLAINT AS MODIFIED

14 KERN COUNTY SHERIFF’S OFFICE, (Doc. 29) et al., 15 SEVEN (7)-DAY DEADLINE Defendants. 16

17 Plaintiffs Jennifer DeLuca and minors M.D. and G.D., by and through their guardian ad 18 litem Anthony DeLuca (collectively, “Plaintiffs”), initiated this action with the filing of a complaint 19 against Defendants Kern County Sheriff’s Office, Kern County, and Sheriff Donny Youngblood in 20 his individual and official capacities (collectively, “County Defendants”), and Kern County 21 Hospital Authority (with County Defendants, “Defendants”) on December 12, 2024. (Doc. 1). 22 Plaintiffs seek damages pursuant to

42 U.S.C. § 1983

, alleging violations under the Fourteenth 23 Amendment and municipal liability under Monell arising from Plaintiff’s attempted suicide while 24 in Defendants’ custody at Lerdo Pre-Trial Facility. See

id.

On May 13, 2025, the Court entered 25 the operative scheduling order setting forth case management dates and deadlines, including, 26 relevant here, the deadline of November 10, 2025, to amend the pleadings, including to add or 27 substitute parties (including Doe defendants) and/or allegations and claims. (Doc. 28). 1 | leave to file a first amended complaint, filed on November 10, 2025. (Doc. 29). Plaintiffs attach 2 | to said filing a copy of the proposed first amended complaint. (Doc. 29-2). The proposed first 3 | amended complaint seeks to add the following individuals as named defendants: (1) Deputy Myra 4 | Gonzalez; (2) Deputy Frances Amparo; (3) Deputy John Comparan; (4) Deputy Laura Rojas; (5) 5 | Detentions Sergeant Rigoberto Lucio; (6) Detentions Lieutenant Justin Weigand; (7) Senior Deputy 6 | Erik Medina; (8) Behavioral Therapist I DOE; (9) AMFT/APCC DOE; (10) LCSW Sarah Jimenez- 7 | Puentes; and (11) RN Kenya Gooden. (Doc. 29 at 2). The parties request that Plaintiffs be provided 8 | 15 days after issuance of this order within which to file the proposed first amended complaint as a 9 | stand-alone docket entry, and Defendants be provided 45 days after service of the first amended 10 || complaint within which to file a response. Jd. at 2-3. 11 Having considered the parties’ stipulated representations and the factors enunciated in 12 | Western Shoshone Nat'l Council v. Molini,

951 F.2d 200

, 204 (9th Cir. 1991), cert. denied, 506 13 | U.S. 822 (1992), the parties’ request for Plaintiffs to have leave to amend the complaint will be 14 | granted. 15 Conclusion and Order 16 In light of the parties’ representations and good cause appearing, IT IS HEREBY 17 | ORDERED: 18 1. Within seven (7) days from entry of this order, Plaintiffs SHALL FILE as a stand-alone 19 docket entry the first amended complaint proposed in the parties’ stipulation (Doc. 29-2); 20 and 21 2. Defendants shall respond to the first amended complaint within 45 days of its service. See 22 Fed. R. Civ. P. 15(a)(3). 23 | IT IS SOORDERED. 24 Dated: _ November 12, 2025 | Vv Vv KD KY 25 UNITED STATES MAGISTRATE JUDGE 26 27 28

Reference

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