Opinion
2:20-cv-1932-SVW-KS
04-21-2021
TYIAVORY JACKSON, Plaintiff, v. ARTHUR BLAIN, M.D., individually and in his capacity as a doctor of CDCR; DR. CHENG WU, individually and in his capacity as a doctor for CDCR; ARMENTA TIGGS-BROWN, individually and in his capacity as a physician assistant for CDCR, Defendants.
MATTHEW RODRIQUEZ ACTING ATTORNEY GENERAL OF CALIFORNIA PAMELA J. HOLMES SUPERVISING DEPUTY ATTORNEY GENERAL SHIRLEY R. SULLINGER DEPUTY ATTORNEY GENERAL ATTORNEYS FOR DEFENDANTS DR. ARTHUR BLAIN, M.D., CHENG WU., M.D., ARMENTA TIGGS-BROWN, P.A., IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES
Action Filed: 2/27/2020
MATTHEW RODRIQUEZ ACTING ATTORNEY GENERAL OF CALIFORNIA PAMELA J. HOLMES SUPERVISING DEPUTY ATTORNEY GENERAL
SHIRLEY R. SULLINGER DEPUTY ATTORNEY GENERAL ATTORNEYS FOR DEFENDANTS DR. ARTHUR BLAIN, M.D., CHENG WU., M.D., ARMENTA TIGGS-BROWN, P.A., IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES
Hon. Karen L. Stevenson Magistrate Judge
DEFENDANTS STATUS REPORT
Hon. Stephen V. Wilson District Judge
TO THE COURT:
Defendants Arthur Blain, M.D. and Armenta Tiggs-Brown, P.A. submit the following Status Report on this matter pursuant to the Court's (Dkt. 42). As Plaintiff pro se is in custody, Defendants are not able confer meaningfully with Plaintiff to prepare a joint status report.
I. STATEMENT OFTHEPRINCIPAL ISSUESRAISEDBY THE CASE
On February 27, 2020, Plaintiff Tyiavory Jackson, pro se (Plaintiff) filed a Complaint against Dr. Arthur Blain, M.D., Dr. Cheng Wu, M.D., and Armenta Tiggs-Brown, P.A., in their individual and official capacities.
Plaintiff alleges Defendants were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment of the U.S. Constitution. Plaintiff alleges he suffers from longstanding lumbar spine pain from a gunshot wound. Plaintiff alleges he was taking opioid pain medication, including a combination of morphine, methadone, and Baclofen for his lumbar spine pain. Plaintiff alleges that Defendants at California State Prison-Los Angeles County prison (CSP-LAC) abruptly halted his opioid medication, instead of tapering off the medication, causing him injury and pain.
II. STATUSOF PLEADINGS ANDPARTIES
Following the Order granting in part and denying in part (Dkt. 40) Defendants' motion to dismiss (Dkt. 28) and motion to strike (Dkt. 29) the complaint, Plaintiff did not file an amended complaint.
On November 24, 2020, Defendants Arthur Blain, M.D. and Armenta Tiggs-Brown, P.A. filed an Answer to the Complaint, and demanded jury trial (Dkt. 41).
Defendant Cheng Wu, M.D. was dismissed in the Order (Dkt. 40).
All Defendants have appeared in the matter.
III. DESCRIPTION OFANY DISCOVERY COMPLETED ANDA SCHEDULEFORANYFUTUREDISCOVERY
Defendants have served written Interrogatories, Requests for Admission, and Requests for Production of Documents to Plaintiff. Plaintiff's responses are due May 21, 2020. Defendants anticipate supplemental discovery following Plaintiff's responses.
Plaintiff has not served written discovery to Defendants.
IV. CONTEMPLATEDMOTIONS, IFANY, ALONGWITH PROPOSEDDATESFORTHEFILINGANDHEARINGOFSUCH MOTIONS
If Plaintiff's discovery responses are unsatisfactory, Defendants will bring motions to compel. Discovery motions will be filed by June 4, 2021; hearing will be Monday, July 12, 2021, because Monday, July 5, 2021, is a holiday.
Defendants will file a motion for summary judgment on or before August 26, 2021; hearing will be Monday, September 27, 2021.
Discovery cut-off is June 27, 2021.
V. TRIALBY JURY AND TIME ESTIMATE
Defendants demand a jury trial. (Dkt. 41). Trial estimate is three days. However, additional time may be necessary if the trial is conducted by teleconference, or if voir dire is conducted in-person, and with social distancing protocols, which will likely add time to the total time for the trial estimate.
VI. SETTLEMENTNEGOTIATIONS ORALTERNATIVEDISPUTE RESOLUTION
There have been no settlement negotiations at the time of this report. Alternative dispute resolution will not be meaningful for Defendants prior to the filing or hearing of Defendants' motion for summary judgment.
DECLARATION OF SERVICE BY U.S. MAIL
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business.
On April 21, 2021, I served the attached DEFENDANTS STATUS REPORT by placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 300 South Spring Street, Suite 1702, Los Angeles, CA 90013, addressed as follows:
Tyiavory Jackson CDC V-84091 California Health Care Facility CIB-120 P.O. Box 32200 Stockton, CA 95213
Plaintiff Pro Per
I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on April 21, 2021, at Los Angeles, California.