Tag Archives: James Otero

Lunada Bay Boys: Otero Orders Parties To Brief Magistrate Judge Oliver On Spoliation By Defendants, Other Issues, On Basis Of Plaintiffs’ Ex Parte Application For A Hearing — Oliver Sets Hearing For December 6 at 1:30 p.m.

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. You can also read all my posts on the case.

As usual things are super complicated over in Lunada Bay. A couple weeks ago the plaintiffs filed this ex parte application for an order setting a hearing on something something something regarding Blakeman’s and the City Defendants’ spoliation of evidence. I can’t untangle the recursive character of the name of this thing, but essentially the plaintiffs are asking for a hearing on the issue of whether defendant Brant Blakeman and the City of PVE destroyed evidence after they weren’t allowed to any more. This request was based on text messages newly obtained out of Papayans’s cell phone.

This was opposed by Blakeman on the usual grounds and possibly also by the City Defendants.1 Blakeman’s opposition was the subject of a fine rejoinder filed by the plaintiffs. And yesterday Judge Otero filed an order ruling that the plaintiffs had raised allegations sufficient to require a hearing and told Judge Oliver to get on it. She filed her own order this morning setting a hearing date for December 6 at 1:30 p.m. Transcriptions of the orders are after the break.
Continue reading Lunada Bay Boys: Otero Orders Parties To Brief Magistrate Judge Oliver On Spoliation By Defendants, Other Issues, On Basis Of Plaintiffs’ Ex Parte Application For A Hearing — Oliver Sets Hearing For December 6 at 1:30 p.m.

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Lunada Bay Boys Trial Continued Until February 6, 2018 — Transcript Of Contentious October Hearing Before Rozella Oliver Published! — Plaintiffs Call Out Brant Blakeman On His Nonsense For The Eleventy-Jillionth Time

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. You can also read all my posts on the case.

Here’s an update of what’s going on with the Bay Boys. Most crucially Judge Otero has moved the trial date from next month out to February 6, 2018. Here’s a copy of the order he filed the other day.

We also have the Ferraras filing their objection to the fairly heavy sanctions against them recommended recently by Magistrate Judge Rozella Oliver. If you recall, back in August Judge Otero specifically granted her the authority to rule on this stuff and given the moderate nature of her recommendations it seems unlikely that he’s going to ignore her thoughtful work just because a bunch of Ferraras ask him to. But of course we’ll see what we see.

Most interestingly, I think, we have this Plaintiffs’ reply to Blakeman’s opposition to their ex parte application for relief from Blakeman’s and the City’s spoliation of evidence. Blakeman filed this whiny-baby opposition a while ago, but the plaintiffs’ response is well worth your time. There are transcribed selections after the break.

Best of all, though, is the fact that as part of this pleading, the plaintiffs filed this transcript of the hearing held before Rozella Oliver on October 12, which attended and reported on, but how much nicer to have the transcript. Read the whole thing, please! Oliver’s dry humor is just lovely. I wish I had time to transcribe the whole thing for you, but I don’t.
Continue reading Lunada Bay Boys Trial Continued Until February 6, 2018 — Transcript Of Contentious October Hearing Before Rozella Oliver Published! — Plaintiffs Call Out Brant Blakeman On His Nonsense For The Eleventy-Jillionth Time

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Lunada Bay Boys Case: Magistrate Judge The Honorable Rozella Oliver Recommends Sanction-Slaps For 67% Of The Ferrara Defendants, Additional Depositions Concerning Discovery Shenanigans Of Those Same Ferraras And Sang “Friend N A Pirate” Lee, Allowing Plaintiffs To Argue Inferences From Missing Evidence Before Jury!

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. You can also read all my posts on the case.

Perhaps you recall that on Thursday, October 12, the plaintiffs and defendants Charlie and Frank Ferrara and Sang “Friend N A Pirate” Lee appeared before Magistrate Judge Rozella Oliver to discuss the plaintiffs’ motion that these defendants be sanctioned for destroying a bunch of obviously incriminating text messages.

Today Oliver issued a Report and Recommendation on Motion for Sanctions. The document is well worth reading, as it summarizes the entire background of discovery disputes between the plaintiffs and these three defendants in a comprehensive, comprehensible style.

This paper is in the form of a recommendation to Judge Otero rather than an order. I don’t know for sure why this is, but I’m guessing it’s because this matter is beyond the traditional powers of Magistrates and Oliver is allowed to deal with it because Otero specifically granted her the authority to do so. His having done so, I’m guessing, makes it pretty likely that he’ll accept her recommendations, especially given their prudent, moderate nature.

In particular, she says that there’s no evidence showing that Sang Lee spoiled evidence on purpose when he had a duty to preserve it. She does recommend that the plaintiffs be allowed to depose Lee again to explore the issue of evidence. To emphasize that she’s not punishing him she recommends that he and the plaintiffs split the cost of his depo. The Ferraras, that is, Charlie and Frank, come off quite a bit worse, and you can turn the page to learn their fate and read a teensy bit of the document itself.
Continue reading Lunada Bay Boys Case: Magistrate Judge The Honorable Rozella Oliver Recommends Sanction-Slaps For 67% Of The Ferrara Defendants, Additional Depositions Concerning Discovery Shenanigans Of Those Same Ferraras And Sang “Friend N A Pirate” Lee, Allowing Plaintiffs To Argue Inferences From Missing Evidence Before Jury!

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Judge James Otero Issues Order Denying City Of LA’s Motion To Clarify His Preliminary Injunction Against Enforcement Of LAMC §56.11 In Skid Row

See Gale Holland’s excellent story in the Times on Mitchell v. LA as well as our other stories on the subject for the background to this post. See here to download most of the papers filed in the case.

Recall that in May 2016 the City of Los Angeles filed a motion asking Judge James Otero to clarify his preliminary injunction against enforcement of the abhorrent LAMC §56.11 within the boundaries of Skid Row. Recently plaintiffs’ attorney Carol Sobel filed a scathing opposition to the City’s motion. Otero then ruled that he could dispose of the motion without a hearing.

Earlier today he filed an order doing just that. He denied the City’s motion entirely and accused them of asking him to rule on abstractions and complex constitutional issues which had not yet come up in practice in this case. This he declined to do, rightly in my opinion, leaving the City with no option but to buckle down and follow the freaking law for once. There’s a transcription after the break.
Continue reading Judge James Otero Issues Order Denying City Of LA’s Motion To Clarify His Preliminary Injunction Against Enforcement Of LAMC §56.11 In Skid Row

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Who Is In Charge Of The Palos Verdes Estates Police Department? Jeff Kepley Is Definitely Out, But Other Than That No One At The City Is Talking, At Least They’re Not Talking To Judge James Otero

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.

A very peculiar pleading in this most peculiar of cases hit PACER last night, in . It seems that PVE police chief Jeff Kepley retired at some point recently. Since he’s being sued in his official capacity rather than his personal capacity, it appears that Federal Rule of Civil Procedure 25(d) requires that Jeff Kepley be dropped from the suit and his successor named instead:

Public Officers; Death or Separation from Office. An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer’s successor is automatically substituted as a party. Later proceedings should be in the substituted party’s name, but any misnomer not affecting the parties’ substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.

So, very reasonably, it seems, plaintiffs’ attorney Kurt Franklin filed a Suggestion to the Court that the acting Chief, who seems to be Mark Velez at this point, be substituted in.1 This seems to be fairly inconsequential in that the rule seems to say that the substitution happens irrespective of whether anyone acknowledges it, but it also seems like the kind of thing one would want to tell the court about. If it comes up later and one knew about it and didn’t tell the court, how weird is that going to look?

Not that the City of PVE is worried about such niceties. As with everything to do with the City’s involvement in this case, the events leading up to this filing have an air of shady incompetence, evasion, and deception. It hasn’t yet been proven that this weirdo little City on a Hill has anything to hide, but they surely do act as if they do. So what’s one more little item like not telling the court that the freaking chief of police retired?

As always there’s a transcription after the break, as well as a timeline of key events.
Continue reading Who Is In Charge Of The Palos Verdes Estates Police Department? Jeff Kepley Is Definitely Out, But Other Than That No One At The City Is Talking, At Least They’re Not Talking To Judge James Otero

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Judge Otero Rules That No Hearing Is Necessary On City Of LA’s Motion To Clarify Preliminary Injunction In Mitchell Case, Cancels Hearing Scheduled For Monday September 11

See Gale Holland’s excellent story in the Times on Mitchell v. LA as well as our other stories on the subject for the background to this post. See here to download most of the papers filed in the case.

Recall that in May 2016 the City of Los Angeles filed a motion asking Judge James Otero to clarify his preliminary injunction against enforcement of the abhorrent LAMC §56.11 within the boundaries of Skid Row. Recently plaintiffs’ attorney Carol Sobel filed a scathing opposition to the City’s motion and a hearing was set for Monday, September 11.

Well, just yesterday Judge James Otero ruled that he didn’t need a hearing in order to decide on the motion and thereby cancelled it. This was published on PACER as one of those text-only notices, no PDF associated, and you can read what there is of it after the break.
Continue reading Judge Otero Rules That No Hearing Is Necessary On City Of LA’s Motion To Clarify Preliminary Injunction In Mitchell Case, Cancels Hearing Scheduled For Monday September 11

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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 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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Lunada Bay Boys Plaintiffs Reply To Opposition To Their Motion For Administrative Relief, Include Fascinating Transcript Of Yet Another Telephonic Hearing About Discovery Transgressions By Defendants

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 asked Judge Otero to deny all the various and sundry motions for summary judgment filed by all the various and sundry defendants in this tangled web of a lawsuit. The basis of this plaintiffs’ motion is their pretty darn plausible assertion that approximately none of the defendants are cooperating with their discovery obligations, making it impossible for the plaintiffs to reply effectively to the defense motions.

Of course, both the City defendants and the individual defendants filed the usual eleventy-jillion briefs in opposition. And yesterday the plaintiffs filed their reply to the opposition. This was written by Kurt Franklin, and is very much worth reading.1 There is a transcription after the break. The hearing on this motion is scheduled for September 5, 2017 in James Otero’s courtroom 10C in the First Street Federal Courthouse.

The reply came with the usual batch of exhibits, among which is this gem of a transcript of the July 25 hearing before the Magistrate Judge Rozella Oliver about Sang Lee’s discovery failures. If you’ve been following along, this was the hearing after which Oliver issued an order requiring Lee to hand everything over that very day. Another good read is this excerpt from the Steve Barber deposition in which he admits to being a Bay Boy buddy and also discusses at length the phone-carrying habits of the PVEPD.
Continue reading Lunada Bay Boys Plaintiffs Reply To Opposition To Their Motion For Administrative Relief, Include Fascinating Transcript Of Yet Another Telephonic Hearing About Discovery Transgressions By Defendants

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