On January 13, 2016 a
Order to Show Cause
was filed
involving a dispute between
Williams, Edwin,
Wilson, Desabian Keith,
and
Button, Donjonique,
Cooper, Ashley,
County Of San Bernardino,
County Of San Bernardino, A Public Entity,
Deputy Brown, Individually And In His Official Capacity,
Deputy Chambers, Individually And In His Official Capacity,
Deputy Frias, Individually And In His Offical Capacity As,
Deputy K. Rodriguezindividually And In His Official Capacity,
Deputy Lim, Indivually And In His Official Capacity As,
Deputy Silva, Individually And In His Official Capacity,
San Bernardino County Sheriff'S Department,
San Bernardino County Sheriff'S Department A Public Entity,
Sergeant Thornburg,Individually And In His Official Capacity,
West Valley Detention Center,
West Valley Detention Center, A San Bernardino County Jail,
Frias, Juan,
Rodriguez, Kenneth,
Silva Jr., Joseph,
for Miscellaneous Petition
in the District Court of San Bernardino County.
Preview
Apr. 23. 2021 9:41AM Mchurray Henrlcks LLF No. 1532 F. 13
\a
F fl L
SUPERIOR COURT OF CALIFORNIA
ED
COUNTY OF SAN BERNARDWO
Email: YHenriks@law-mh.com SAN BERNARDWO DISTRICT
Randy H. McMurray, Esq. (SEN: 126888)
Email: RMcMurray@law-mh.com APR 23 2021
Lauren I. Freidenberg, Esq. (SBN: 312428) -.
‘
v
Email: LFreidcnbcrg@law-mh.com m
MCMURRAY HENRIKS, LLP DANIELQIERLEIN. DEPUTY
811 Wilshirc B1vd., Suite 1640
KODOQQM§LA>NH
Los Angeles, California 90017
Telephone: (323) 93 1-6200
Facsimile: (323) 93 1—9521
Attorneys for Plaintiff, EDWIN WILLIAMS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO, CENTRAL DISTRICT
DESABIAN KEITH WILSON, as successor in Case No.: CIVD81600447
deceased PlaintiffEDWIN
interest to
WILLIAMS, an individual; [ASSIGNED FOR ALL PURPOSES THE HON. JANET
M. FRANGIE, DEPT. $29]
Plaintiff,
DECLARATION OF LAUREN I.
v.
FREIDENBERG, ESQ. IN SUPORT 0F
PLAINTIFF’S UNOPPOSED EX PARTE
COUNTY OF SAN BERNARDINO, a public APPLICATION 'I'O ADVANCE THE
SAN BERNARDINO COUNTY
entity; HEARING ON THE TRIAL SETTING
NNNNr—«r—no—ah—LHn—Hn—IHI—i
SHERIFF’S DEPARTMENT, a public entity;
D ORDER TO SHOW
WEST VALLEY DETENTION CENTER, a
San Bernardino County Jail; SERGEANT
THORNBURG, individually and in his Official Dat Apl-i126,2021 ,5
Capacity as Sheriff of San Bcrnardino County; Ti e:8:30AM
DEPUTY BROWN, individually and in his
Official Capacity as Sheriff of San Bcrnardino
County; DEPUTY
CHAMBERS, individually j
and in his Official Capacity as Sheriff of San
g’
'
Bernardino County; DEPUTY LIM, Trial: N/A
individually and in his Official Capacity as \//
f
Sheriff of San Bernardino County; DEPUTY
K. RODRIGUEZ, individually and in his
Official Capacity as Sheriff of San Bcrnardino
County; DEPUTY SILVA, individually and in
his Official Capacity as Sheriff of San
Bel‘nardino County; AND
DOES 1 THROUGH
N
20, INCLUSIVE,
Defendants.
M,
ASHLEY COOPER an individual;
DONJONIQUE BUTTON, an Individual.
Nominal Defendants.
Ku/ 1
DECLARATION OF LAUREN l. FREIDBNBERG, ESQ. IN SUPORT OF PLAINTIFF'S UNOPPOSED EX PARTE
APPLICATION TO ADVANCE TI-m HEARING ON THE TRIAL SETTING CONFERENCE AND ORDER T0 SHOW
CAUSE
Apr.23.2021 9:41AM McMurray Henrlcks LLF No.1b32 P. 14
\a v
I, Lauren I. Frcidcnbcrg, Esq. declare as follows:
1. I am an attorney licensed to practice law in this state. I am counsel for Plaintiff,
DESABIAN KEITH WILSON, as succcssor in interest to deceased Plaintiff EDWIN
an individual (hereinafier individually referred to as “Plaintiff”). I have true and
WILLIAMS,
correct knowledge of the facts stated herein and if called I could and would competently testify
thereto. I hereby give this declaration in response to the Court’s Order to Show Cause Re:
koooqcxmgmu
Dismissal.
2. On December 16, 2016, Plaintiff Williams initiated this Civil Rights Action and
violatiom of Americans with Disabilities Act (Title II) against Defendants, in cannecticm with the
Plaintiff Williams incurred
1o continuous and wrongful use of excessive force and discrimination
January 14, 2014
11 dm'ing his incarceration at West Valley Detention Center, that occurred between
12 through March 5, 2015.
Thcrcafier, on or about May 23, 2017, Plaintiff Williams filed his First Amended
13 3.
Complaint in this Action and on or about September l l, 2017, PlaintiffWilliams filed his Second
14
15 Amended Complaint in this ActiOn.
in the County of
16 4. On June 14, 2020, Plaintiff Williams unexpectedly passed—away
17 San Bernardino, State of California.
2021, this Court granted Plaintiff’s Motion to Substitute in
Mr.
1s 5. On January 6,
as successor-in-intcrcst to this action in light of
Plaintiff Mr. Edwin Williams’ passing.
19 Wilson
20 At the hearing, this Court vacated all outstanding dates giVCn the anticipated filing ofthe amended
21 Camplaint, including the trial date, final status conference, motion for
summary judgment hearing
all trial related deadlines. The parties were instructed to meet and confer on proposed
22 date, and
23 trial dates in October or NOVember of 2021 due to the statutory five (5) year period. A Trial
Afier the hearing on January 6, 2021, I provided
24 Setting Conference was set for April 1, 2021.
my office; the abovc-refcrenced informatipn via email. Due to the
25 thc calendaring paralegal in
health pandemic, suPport staff in our office have been
working remotely, and
26 COVID—19
27 calendaring requests have been sent via email.
23
2
PLAINTIFP’S UNOPPOSED EX PARTE
DECLARATION OF LAUREN I. FREIDENBERG. ESQ. IN SUPORT OF
APPLICATION TO ADVANCE THE IEARING 0N THE TRIAL SETTING CONFERENCE AND ORDER TO SHOW
CAUSE
Preview
Apr. 23. 2021 9:41AM Mchurray Henrlcks LLF No. 1532 F. 13 \a F fl L SUPERIOR COURT OF CALIFORNIA ED COUNTY OF SAN BERNARDWO Email: YHenriks@law-mh.com SAN BERNARDWO DISTRICT Randy H. McMurray, Esq. (SEN: 126888) Email: RMcMurray@law-mh.com APR 23 2021 Lauren I. Freidenberg, Esq. (SBN: 312428) -. ‘ v Email: LFreidcnbcrg@law-mh.com m MCMURRAY HENRIKS, LLP DANIELQIERLEIN. DEPUTY 811 Wilshirc B1vd., Suite 1640 KODOQQM§LA>NH Los Angeles, California 90017 Telephone: (323) 93 1-6200 Facsimile: (323) 93 1—9521 Attorneys for Plaintiff, EDWIN WILLIAMS SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO, CENTRAL DISTRICT DESABIAN KEITH WILSON, as successor in Case No.: CIVD81600447 deceased PlaintiffEDWIN interest to WILLIAMS, an individual; [ASSIGNED FOR ALL PURPOSES THE HON. JANET M. FRANGIE, DEPT. $29] Plaintiff, DECLARATION OF LAUREN I. v. FREIDENBERG, ESQ. IN SUPORT 0F PLAINTIFF’S UNOPPOSED EX PARTE COUNTY OF SAN BERNARDINO, a public APPLICATION 'I'O ADVANCE THE SAN BERNARDINO COUNTY entity; HEARING ON THE TRIAL SETTING NNNNr—«r—no—ah—LHn—Hn—IHI—i SHERIFF’S DEPARTMENT, a public entity; D ORDER TO SHOW WEST VALLEY DETENTION CENTER, a San Bernardino County Jail; SERGEANT THORNBURG, individually and in his Official Dat Apl-i126,2021 ,5 Capacity as Sheriff of San Bcrnardino County; Ti e:8:30AM DEPUTY BROWN, individually and in his Official Capacity as Sheriff of San Bcrnardino County; DEPUTY CHAMBERS, individually j and in his Official Capacity as Sheriff of San g’ ' Bernardino County; DEPUTY LIM, Trial: N/A individually and in his Official Capacity as \// f Sheriff of San Bernardino County; DEPUTY K. RODRIGUEZ, individually and in his Official Capacity as Sheriff of San Bcrnardino County; DEPUTY SILVA, individually and in his Official Capacity as Sheriff of San Bel‘nardino County; AND DOES 1 THROUGH N 20, INCLUSIVE, Defendants. M, ASHLEY COOPER an individual; DONJONIQUE BUTTON, an Individual. Nominal Defendants. Ku/ 1 DECLARATION OF LAUREN l. FREIDBNBERG, ESQ. IN SUPORT OF PLAINTIFF'S UNOPPOSED EX PARTE APPLICATION TO ADVANCE TI-m HEARING ON THE TRIAL SETTING CONFERENCE AND ORDER T0 SHOW CAUSE Apr.23.2021 9:41AM McMurray Henrlcks LLF No.1b32 P. 14 \a v I, Lauren I. Frcidcnbcrg, Esq. declare as follows: 1. I am an attorney licensed to practice law in this state. I am counsel for Plaintiff, DESABIAN KEITH WILSON, as succcssor in interest to deceased Plaintiff EDWIN an individual (hereinafier individually referred to as “Plaintiff”). I have true and WILLIAMS, correct knowledge of the facts stated herein and if called I could and would competently testify thereto. I hereby give this declaration in response to the Court’s Order to Show Cause Re: koooqcxmgmu Dismissal. 2. On December 16, 2016, Plaintiff Williams initiated this Civil Rights Action and violatiom of Americans with Disabilities Act (Title II) against Defendants, in cannecticm with the Plaintiff Williams incurred 1o continuous and wrongful use of excessive force and discrimination January 14, 2014 11 dm'ing his incarceration at West Valley Detention Center, that occurred between 12 through March 5, 2015. Thcrcafier, on or about May 23, 2017, Plaintiff Williams filed his First Amended 13 3. Complaint in this Action and on or about September l l, 2017, PlaintiffWilliams filed his Second 14 15 Amended Complaint in this ActiOn. in the County of 16 4. On June 14, 2020, Plaintiff Williams unexpectedly passed—away 17 San Bernardino, State of California. 2021, this Court granted Plaintiff’s Motion to Substitute in Mr. 1s 5. On January 6, as successor-in-intcrcst to this action in light of Plaintiff Mr. Edwin Williams’ passing. 19 Wilson 20 At the hearing, this Court vacated all outstanding dates giVCn the anticipated filing ofthe amended 21 Camplaint, including the trial date, final status conference, motion for summary judgment hearing all trial related deadlines. The parties were instructed to meet and confer on proposed 22 date, and 23 trial dates in October or NOVember of 2021 due to the statutory five (5) year period. A Trial Afier the hearing on January 6, 2021, I provided 24 Setting Conference was set for April 1, 2021. my office; the abovc-refcrenced informatipn via email. Due to the 25 thc calendaring paralegal in health pandemic, suPport staff in our office have been working remotely, and 26 COVID—19 27 calendaring requests have been sent via email. 23 2 PLAINTIFP’S UNOPPOSED EX PARTE DECLARATION OF LAUREN I. FREIDENBERG. ESQ. IN SUPORT OF APPLICATION TO ADVANCE THE IEARING 0N THE TRIAL SETTING CONFERENCE AND ORDER TO SHOW CAUSE