Tag Archives: Andrew J. Wistrich

LACW/LACAN Lawsuit: Settlement Conference Scheduled for April 5, 2016; Hearing on Discovery-Related Contempt Continued Until May 4, 2016

California-centralAccording to an order that just hit PACER, the parties in the LA Catholic Worker and LA Community Action Network suit against the Central City East Association and the City of Los Angeles are meeting on April 5 to discuss settling the case. You may recall that a hearing on an application for contempt was already set for that date. According to Magistrate Judge Andrew J. Wisterich, who’s handling discovery matters in the case, and whose order postponed the hearing:

The court has been informed that a settlement conference has been scheduled for April 5, 2016, at 9:30 a.m. To allow the parties to devote their full attention to exploring the possibility of settlement, the hearing is continued to May 4, 2016, at 11:00 a.m.

That’s all we know!

Documents Filed Just Now in LA CAN/LACW Suit Against City of LA, CCEA, Ask for Award of $46,568 in Costs and Entrance of Long List of Damning Facts as True

California-centralI reported a couple weeks ago about the hearing on plaintiffs’ motion to hold the City of LA in contempt for failing to produce discovery documents. The order scheduling the hearing also required the plaintiffs to submit pleadings today outlining the status of the discovery requests and also detailing how much in fees and costs they were asking for. Those documents were filed tonight around 6:30 p.m. and I have them for you here:

Shayla Myers’s declaration has multiple goodies in the exhibits, including a full transcript of the deposition of LAPD Information Technologist LeShon Frierson, in which he revealed for the first time in February that the LAPD does in fact use an email archiving product called GWAVA Retain, which, notably, allows keyword searches across mailboxes, something which the City had wrongly denied was possible. I speculated about this issue in December 2015, so it was a treat to find out that they had this capability, and it’s a treat now to read the actual words of LeShon Frierson describing the software and how it’s used. There are beaucoup emails in there too between Myers and Ronald Whitaker, who’s representing the City. It’s fascinating if, like me, you just can’t resist reading other people’s correspondence.
Continue reading Documents Filed Just Now in LA CAN/LACW Suit Against City of LA, CCEA, Ask for Award of $46,568 in Costs and Entrance of Long List of Damning Facts as True

Hearing on Plaintiffs’ Application for Contempt and Sanctions Set for March 21, 11 a.m.

California-centralMagistrate Judge Andrew J. Wisterich has filed an order setting a hearing on plaintiffs’ application for contempt and sanctions, to be held March 21, 2016 at 11 a.m. in room 690 of the Roybal Courthouse. The City is also ordered to get those discovery materials in soonest. Ominously for the City, Judge Wisterich also ordered the plaintiffs’ to prepare a statement of the fees they’re seeking for dealing with the City’s recalcitrance. The text of the order is after the break.
Continue reading Hearing on Plaintiffs’ Application for Contempt and Sanctions Set for March 21, 11 a.m.

City of Los Angeles Ordered to Produce Documents, Promises to Pay Costs Incurred Due to Their Delays; Historic Core BID Documents Available

One of those hammers they seem to have in a lot of courtrooms.
One of those hammers they seem to have in a lot of courtrooms.
One week ago, on Friday, January 29, there was a telephonic conference before Federal Magistrate Judge Andrew Wistrich, who’s handling what’s turned out to be a grueling discovery process in the LA Community Action Network and LA Catholic Worker lawsuit against the City of LA and the Central City East Association concerning the illegal confiscation of the property of homeless people. The minutes and associated order just showed up in the Court’s RSS feed this afternoon, and you can grab a copy here. It sounds like a hot time was had by all, and the upshot is that:

Counsel for the City represented that the City will complete the LAPD production described during the telephonic conference by February 1, 2016 and the production of other agencies within 14 days. The City is directed to perform those promises. If it is necessary for plaintiffs to retake depositions because of delay or inadequacy in the City’s production of documents, the City will be responsible for all associated reasonable costs and attorneys fees. Counsel for the City assured the Court that the City would cooperate with any efforts by plaintiffs to seek adjustments to the case schedule to mitigate prejudice to plaintiffs resulting from delay or inadequacy in the City’s document production.

There’s no mention of the CCEA, so I suppose that either they’re complying with discovery finally or else they’re failing to comply so badly that it couldn’t be dealt with at this conference.

Read on for absolutely unrelated information about documents from Historic Core BID that just arrived today.
Continue reading City of Los Angeles Ordered to Produce Documents, Promises to Pay Costs Incurred Due to Their Delays; Historic Core BID Documents Available

Discovery Hangups Seem to Have Been Settled in Today’s Hearing in LA Catholic Worker, LA CAN, v. City of L.A., Central City East Association

Round and around and around she goes...
Round and around and around she goes…
There was a hearing this morning in the lawsuit against the City of Los Angeles and the Central City East Association, which is fairly historic since, for the first time in Los Angeles, if not anywhere, an attempt is being made to call a Business Improvement District to account for conspiring with the City to violate people’s rights and to prove, once and for all, that BIDs really are agents of the City, no matter what everyone involved says about it. Unfortunately various circumstances conspired to prevent me from attending this hearing (of plaintiffs’ motion to compel discovery) in front of Magistrate Judge Andrew J. Wisterich. But the minutes (not the transcript) were posted on PACER this afternoon. After a conference in the courtroom, it seems that all the difficulties have been settled, and the City of L.A. will produce all the discovery material within 10 days. Read the whole thing after the break.
Continue reading Discovery Hangups Seem to Have Been Settled in Today’s Hearing in LA Catholic Worker, LA CAN, v. City of L.A., Central City East Association