Tag Archives: Charlie Ferrara

Lunada Bay Boys Magistrate Judge Rozella Oliver Schedules Telephonic Hearing To Determine How To Proceed On The Manifold Motions Regarding Discovery Disputes Sent Over By Judge Otero For September 5, Orders, To The Delight Of Everyone Who Has To Pay PACER Fees, That No Further Briefs Be Filed Unless Requested

For background take a look at this excellent article from the Times on this lawsuit.ames Also see here to download all pleadings in this case.

NOTE: Because I was asked, I thought I’d just announce that I’m sorry for the lack of cartoons. For the next week I’m forced to use a substandard computer. The cartoons will return on or about September 5 if all goes as planned.

Yesterday Judge James Otero bestowed sufficient authority upon Magistrate Judge Oliver to decide all the pending motions relating to discovery shenanigans on the parts of the various defendants, including the plaintiffs’ monumental motion for administrative relief. Well, Oliver is no slacker — today the Magistrate Judge issued an order scheduling a telephonic hearing on all the pending discovery matters for September 5. The purpose of this hearing, it seems, isn’t to decide the issues, but to agree on what further briefs and proceedings will be necessary to decide the issues. As always, there’s a transcript after the break.
Continue reading Lunada Bay Boys Magistrate Judge Rozella Oliver Schedules Telephonic Hearing To Determine How To Proceed On The Manifold Motions Regarding Discovery Disputes Sent Over By Judge Otero For September 5, Orders, To The Delight Of Everyone Who Has To Pay PACER Fees, That No Further Briefs Be Filed Unless Requested

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Lunada Bay Boys Judge Otero Kicks Plaintiffs’ Motions For Administrative Relief, Sanctions Against Charlie, Frank Ferrara, Sang Lee, Back To Magistrate Judge Oliver For Decision, Stays Decision On All Other Pending Motions, Continues Trial Date To December 12

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

Earlier this month the Lunada Bay Boys plaintiffs filed a motion for administrative sanctions asking Judge Otero to deny all the various and sundry motions for summary judgment filed by the defendants. The argument was that the astonishing level of discovery-related obstructionism displayed by the defendants, which has already resulted in some sanctions and will probably result in many more, makes it impossible for the plaintiffs reply effectively to the flurry of motions. Additionally, the plaintiffs filed other motions for discovery-related sanctions against alleged Bay Boys Charlie and Frank Ferrara and Sang Lee with Magistrate Judge Rozella Oliver, who subsequently ruled that the authority to rule rested solely with Otero.

On Friday Judge Otero ruled that the motion for administrative relief could be handled without a hearing, and yesterday he issued an order granting Magistrate Judge Oliver the authority to rule on that motion and also on the motion for sanctions against Charlie and Frank Ferrara and Sang Lee. He also postponed decisions on all other pending motions until Oliver decides on these two. Finally, he also moved the trial date to December 12 at 9 a.m. You can read a transcription of the whole order after the break.
Continue reading Lunada Bay Boys Judge Otero Kicks Plaintiffs’ Motions For Administrative Relief, Sanctions Against Charlie, Frank Ferrara, Sang Lee, Back To Magistrate Judge Oliver For Decision, Stays Decision On All Other Pending Motions, Continues Trial Date To December 12

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Lunada Bay Boys Magistrate Judge Rozella Oliver Orders Defendants Charlie And Frank Ferrara’s Lawyers Bremer Whyte Brown & O’Meara To Pay Monetary Sanctions To Plaintiffs Because Of Unjustified Failure To Comply With Discovery Order

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

A couple weeks ago the plaintiffs in the Lunada Bay Boys case asked Magistrate Judge Rozella Oliver to order defendants Charlie and Frank Ferrara and their lawyers, Bremer, Whyte, Brown, & O’Meara, to pay more than $32,000 in sanctions for their failure to abide by various discovery orders. On Tuesday the defense filed its opposition and on Wednesday a telephonic hearing was held.1

Yesterday, Rozella Oliver filed a minute order denying the plaintiffs’ motion for sanctions against the Ferraras themselves, but granting it with respect to sanctions against the lawyers. Since not everyone has to pay the plaintiffs don’t get all the money they asked for, and they’re required to recalculate what they’re owed based on this order and brief the judge on it by September 7. Turn the page for a transcription of the order.
Continue reading Lunada Bay Boys Magistrate Judge Rozella Oliver Orders Defendants Charlie And Frank Ferrara’s Lawyers Bremer Whyte Brown & O’Meara To Pay Monetary Sanctions To Plaintiffs Because Of Unjustified Failure To Comply With Discovery Order

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Lunada Bay Boys Judge Otero Announces That He Can Decide All Eleventy-Jillion Motions For Summary Judgment, Administrative Relief, Et Damn Cetera, Without Oral Arguments, Cancels September 5 Hearing

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

Remember all those eleventy-jillion motions everyone in this “over-pled”1 behemoth of a case has filed over the last weeks? Like first every single defendant filed motions for summary judgment:

Then the plaintiffs filed a motion to dismiss all those motions because, they plausibly claimed, they were prevented from making an adequate response by the manifold discovery shenanigans perpetrated by the defense. Then all the defendants opposed that motion and of course the plaintiffs subsequently replied to that opposition. And arguments over every last jot and tittle of this stack of claims, counter-claims, cross-counter-claims, and so on and on and on, were scheduled to be heard on September 5.

Well, just this afternoon, Judge Otero announced that he will be deciding all of these motions, oppositions to these motions, replies to oppositions, etc., without oral argument. He therefore cancelled the hearing, and that, I suppose, is that. There’s no PDF associated with this kind of announcement, but you can read the whole thing after the break anyway.
Continue reading Lunada Bay Boys Judge Otero Announces That He Can Decide All Eleventy-Jillion Motions For Summary Judgment, Administrative Relief, Et Damn Cetera, Without Oral Arguments, Cancels September 5 Hearing

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Tiffany Bacon, Lunada Bay Boys Defense Attorney For Two Thirds Of The Ferraras In The Case, Files Opposition To Plaintiffs’ Motion For $32,000 In Sanctions In Advance Of Tomorrow’s Telephonic Hearing On The Matter, Passively Threatens Retaliatory Abuse Of Process Claim Against Plaintiffs On Charlie’s (But Not Frank’s) Behalf

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

Last week, in yet another thrilling episode in the seemingly neverending saga of discovery disputes in the astonishingly labyrinthine Lunada Bay Boys case, the plaintiffs filed a motion asking magistrate judge Rozella Oliver to make Charlie Ferrara, Frank Ferrara, and their lawyers, Bremer, Whyte, Brown, & O’Meara, represented in the instant matter by Tiffany Bacon, cough up $32,000 in sanctions for failure to abide by the Court’s orders regarding discovery.

Well, there’s a telephonic hearing on the matter tomorrow at 10 a.m., and yesterday Tiffany Bacon, attorney to the particular Ferraras involved here, filed an Opposition to the Motion as well as a big old declaration in support of the opposition and a little tiny objection to evidence, mostly arguing that the fact that Frank Ferrara was quoted in the Daily Breeze about the case before he was served, being hearsay, isn’t adequate evidence that he was aware of the case before he was served.

As the hearing is tomorrow and Rozella Oliver is characteristically quite prompt with orders we should know the outcome within the next few days. Stay tuned, and turn the page for a transcription of some excerpts from the opposition to the motion.
Continue reading Tiffany Bacon, Lunada Bay Boys Defense Attorney For Two Thirds Of The Ferraras In The Case, Files Opposition To Plaintiffs’ Motion For $32,000 In Sanctions In Advance Of Tomorrow’s Telephonic Hearing On The Matter, Passively Threatens Retaliatory Abuse Of Process Claim Against Plaintiffs On Charlie’s (But Not Frank’s) Behalf

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Lunada Bay Boys Plaintiffs File Motion Asking For $32,000 In Sanctions Against Charlie And Frank Ferrara And Their Lawyers Due To Their “intransigence and disregard for standard discovery protocol and obligations” And Their “failure to abide by the Court’s July 13, 2017 order” — Take That, Bay Boys!

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

Maybe you recall that on July 13, 2017, the plaintiffs in the Lunada Bay Boys case appeared before Magistrate Judge Rozella Oliver and complained that Charlie and Frank Ferrara weren’t complying with discovery obligations. This led to Oliver issuing a minute order directing that particular batch of Ferraras to “produce responsive documents from the cell phone imaging and responsive cell phone bills and records by 5 p.m. on Monday, July 17, 2017.”

Well, it appears, to no one’s surprise, that these Ferraras have not complied with this order. Thus, today, plaintiffs’ lawyers Samantha Wolff and Victor Otten filed a motion for monetary sanctions against both the Ferraras and their lawyers based on two allegations:

  1. Defendants Charlie and Frank Ferrara and their counsel willfully failed to preserve electronically stored information and failed to conduct their due diligence in responding to Plaintiffs’ discovery requests, resulting in the spoliation of critical evidence; and
  2. Defendants Charlie and Frank Ferrara and their counsel willfully failed to comply with this Court’s July 13, 2017 Order.


As usual, this motion comes along with a ton of interesting exhibits. Most of them in this case are meet-and-confer emails, progressively more exasperated on the part of the plaintiffs. There are links to everything after the break1 as well as some transcriptions. But first, here are links to what seem to me to be the most interesting items:
Continue reading Lunada Bay Boys Plaintiffs File Motion Asking For $32,000 In Sanctions Against Charlie And Frank Ferrara And Their Lawyers Due To Their “intransigence and disregard for standard discovery protocol and obligations” And Their “failure to abide by the Court’s July 13, 2017 order” — Take That, Bay Boys!

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Lunada Bay Boys Plaintiffs Oppose City Defendants Motion For Summary Judgement By Filing More Than 50 Documents Including A Bunch Of Deposition Excerpts And Jalian Johnston’s Freaking Text Messages!

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

So a couple weeks ago defendants the City of PVE and its seemingly erstwhile chief of police Jeff Kepley (collectively known as “the City defendants”) filed a motion asking the court for summary judgment. This was the first of a long line of such motions filed by all the other defendants. And this afternoon the plaintiffs responded to the City defendants’ motion with over fifty documents.

There’s no way I can describe all of these individually, and I even had to write a script to generate links for all of them, which you can find after the break. The links are functional but not pretty, and you can find them with highly selected brief descriptions after the break.

The documents include tons of fascinating deposition excerpts from many of the defendants along with, finally, Jalian Johnston’s freaking text messages, which are about as stupid as one would expect. There’s also a transcript of part of the infamous Brant Blakeman video. This is essentially Aladdin’s cave, and I’m sorry I can’t provide more detail, but read, read, read, and enjoy!
Continue reading Lunada Bay Boys Plaintiffs Oppose City Defendants Motion For Summary Judgement By Filing More Than 50 Documents Including A Bunch Of Deposition Excerpts And Jalian Johnston’s Freaking Text Messages!

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Lunada Bay Boys Juvenile Defendant NF Released From Case By Order Of Judge Otero, Judge Oliver Orders Parties To Brief Discovery Disputes Involving Defendants Frankie And Charlie Ferrara

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

A few days ago the parties to the Lunada Bay Boys zillionaire surf-thuggery case, in a rare showing of unanimity, concord, and like-mindedness, jointly asked Judge James Otero to release the anonymous minor defendant NF from the case, while leaving him responsible for some discovery obligations. Well, just this afternoon Otero issued an order doing just that. No big surprise.

But, as usual, on the discovery front everybody’s still getting fussy, and soon Mom’s gonna have to put their mittens on lest they scratch up their lil faces and so on. In particular, Magistrate Judge the honorable Rozella Oliver issued a post telephonic conference minute order requiring the parties to submit briefs on the ongoing discovery dispute between the plaintiffs and defendants Frank and Charlie Ferrara. I’m not sure what the substance of this dispute is, but I suppose we’ll find out on August 14, when the plaintiffs’ brief is due. As always, turn the page for a transcription of the order.
Continue reading Lunada Bay Boys Juvenile Defendant NF Released From Case By Order Of Judge Otero, Judge Oliver Orders Parties To Brief Discovery Disputes Involving Defendants Frankie And Charlie Ferrara

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Lunada Bay Boys OMFG More Motions For Summary Judgment: Charlie And Frank Ferrara Now — Perhaps This Is The Last Of Them?

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

The last ten days have seen defendant after defendant file motions for summary judgment saying that they themselves didn’t personally do anything to the plaintiffs so the case against them should be dropped. I wonder if this is related to the fact that the case wasn’t certified as a class action? Like maybe the defendants did stuff to other people who just don’t happen to be the plaintiffs?

In any case, yesterday night late Charlie and Frank Ferrara filed their motions and a bunch of supporting paper. It all looks really interesting but I don’t have time to do more than provide links to the documents in the Archive.Org collection of pleadings in the case. They are after the break, and here is a list of all of my posts on these motions for summary judgment so far:

Oh, one little thing more. In this Declaration of Tiffany Bacon in support of Charlie Ferrara’s motion, which has tons of excerpts from depositions, we find this stunning bit of lawyer humor when they’re asking Charlie Ferrara if he heard Jalian Johnston sexually harassing Diana Reed. Samantha Wolff is asking questions, Ms. Hurley is representing Charlie Ferrara:

Q. Do you recall whether or not Mr. Johnston was acting in a sexually suggestive manner at the time?

MS. HURLEY: Objection, calls for speculation, calls for expert opinion testimony, lacks foundation.

Calls for expert opinion testimony indeed, friends!

Also, don’t forget that the hearing for all of these defense motions for summary judgment is scheduled for August 21, 2017, at 10:00 a.m in James Otero’s courtroom 10C in the First Street Federal Courthouse.
Continue reading Lunada Bay Boys OMFG More Motions For Summary Judgment: Charlie And Frank Ferrara Now — Perhaps This Is The Last Of Them?

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More Lunada Bay Boys Discovery Shenanigans — Judge Rozella Oliver Yet Again Has To Tell A Bunch Of Putative Grownups To Start Acting Their Damn Age

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case.

Well, after the thrilling sagas of discovery lunacy regarding Lunada Bay Boys defendants Jalian Johnston and his asshole buddy Michael Papayans, now come defendants Sang Lee and Charlie and Frank Ferrara, or at least their attorneys, who all had a telephonic conference with Magistrate Judge the honorable Rozella Oliver this morning.

Out of the meeting came this minute order, directing everyone to stop taking the piss and meet and confer and get the discovery moving. In particular the Ferraras have to get their phone records to the plaintiffs by 5 p.m. Monday. You don’t ever want a federal judge bossing you about in boldface type! Of course there’s a transcription after the break.

Somewhat tangentially, but interestingly, Frank Ferrara, who naturally at this point denies there’s any such thing as the Lunada Bay Boys, was famously quoted in Surfer Magazine in 1991 as saying:

One guy comes and surfs it, and then he brings two or three guys and they bring three or four of their friends and it snowballs and gets out of hand. That’s exactly why we want to protect it. I’ve got two little boys who are 7 and 5 and I hope one day they they’ll be out there shralping and tearing it up without a crowd.

At least one of those two little boys is now a named plaintiff in this case along with Dad. So that happened.
Continue reading More Lunada Bay Boys Discovery Shenanigans — Judge Rozella Oliver Yet Again Has To Tell A Bunch Of Putative Grownups To Start Acting Their Damn Age

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