Tag Archives: LA Catholic Worker

Huge News: LA Community Action Network Lawsuit Against Central City East Association and City Of LA Poised To Settle, CCEA Agrees To Specific, Extensive Restrictions On Homeless Property Confiscation, Will Pay $25,000 To LAFLA In Damages, Legal Fees, And Costs. City Of LA Settlement Expected To Go To City Council Soon, LAMC 56.11 Enforcement Likely To Be Severely Attenuated

News of a settlement in the momentous lawsuit brought by the Legal Aid Foundation of Los Angeles on behalf of the Los Angeles Community Action Network, the LA Catholic Worker, and a number of individuals over the confiscation of homeless people’s property by BID and by City, has been rumbling around PACER for about one year now. Well, yesterday evening, the first concrete details of the ongoing settlement process arrived. The parties filed a joint report indicating that concrete terms had been reached with both CCEA and the City of Los Angeles. The City of LA part still has to be approved by City Council, but according to the document, this is likely to happen within 45 days.

On the other hand, amazingly, the proposed agreement between the CCEA and the plaintiffs has actually been filed! It must still be approved by Judge Philip Gutierrez, but it strikes me as extraordinarily unlikely that it would not be. The agreement severely restricts the circumstances under which the BID can confiscate property. The terms of this part of the settlement make it seem very likely that the City will agree to severe restrictions in its enforcement of LAMC 56.11, the property confiscation ordinance, at least on Skid Row. CCEA will also pay LAFLA $25,000 for damages, fees, and costs. Turn the page for some details of what the CCEA has agreed to.
Continue reading Huge News: LA Community Action Network Lawsuit Against Central City East Association and City Of LA Poised To Settle, CCEA Agrees To Specific, Extensive Restrictions On Homeless Property Confiscation, Will Pay $25,000 To LAFLA In Damages, Legal Fees, And Costs. City Of LA Settlement Expected To Go To City Council Soon, LAMC 56.11 Enforcement Likely To Be Severely Attenuated

Evidently a Settlement Has Been Finalized in LA Catholic Worker, LA CAN v. City of LA, Central City East Association

According to a document filed mere moments ago with the court, all parties to LA Catholic Worker and LA CAN v. City of LA, CCEA have agreed on a settlement. The terms of the settlement have not yet been announced, but they will be going to the LA City Council for approval “in the near future.” If you’re PDF-averse you can read salient selections after the break.
Continue reading Evidently a Settlement Has Been Finalized in LA Catholic Worker, LA CAN v. City of LA, Central City East Association

Settlement Almost Finalized in LA Catholic Worker, LA CAN v. City of LA, Central City East Association

California-centralRecall that, towards the end of March of this year, the parties to this case began making noises about a potential settlement. This evening, all parties to the suit, begun in 2014, filed a Joint Progress Report on the Status of Potential Settlement. They evidently reached a tentative agreement on April 5, and, according to this status report:

The parties have been diligently working to draft the final terms and language of the settlement agreement and to obtain approval from all parties to finalize the agreement.

The parties remain confident that they will be able to reach final agreement on all matters and will be able to obtain approval from all parties to settle this matter in its entirety.

They promise to update the court on the status of this settlement on July 26, 2016.

LA Catholic Worker et al. v. CCEA, City of L.A. et al. Trial Postponed Till October 4, 2016 Due to Discovery Delays

California-centralOver the last few days, but for some reason just hitting PACER today, the parties in the LA Catholic Worker and LA Community Action Network v. the Central City East Association and the City of LA filed a joint stipulation to continue the various scheduled dates in the case due to what’s turned out to be an incredibly grueling discovery process in the case. This is not the first time the trial date has been postponed for this reason. Here is the judge’s order granting the continuance until October 4, 2016.

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!

City Ordered to Pay Plaintiffs’ Attorneys $38,818.49 in Fees and to Comply with Discovery; Additional Hearing Set for April 5, 2016

California-centralOn Monday, March 21, 2016, there was a hearing on the plaintiffs’ application to have the City of Los Angeles held in contempt for its failure to comply with discovery orders in the ongoing lawsuit against the City and the CCEA over the illegal confiscation of the property of homeless people. Recall that the plaintiffs asked the Judge to award them more than $40,000 in fees and to declare that the City was at fault as a punitive measure.

Well, the order resulting from that hearing just hit PACER, and the plaintiffs got some but not all of what they asked for. In particular, they were awarded $38,818.49 in fees. Judgement on the rest of the plaintiffs’ requests was deferred. There will be another hearing on April 5, 2016, at 10:30 a.m. in in Courtroom 690 of the Roybal Building, presumably after which the rest of the matters will be decided. According to the order, by 48 hours in advance of the hearing,

The City is directed to complete its production, serve supplemental responses to the requests for production, respond in writing to the questions asked in plaintiffs’ March 15, 2016 letter from Myers to Whitaker, serve a complete and detailed privilege log, file and serve a report describing the status of its compliance with this and other court orders, and pay the sanctions awarded by this order…

And there are more selections after the break.
Continue reading City Ordered to Pay Plaintiffs’ Attorneys $38,818.49 in Fees and to Comply with Discovery; Additional Hearing Set for April 5, 2016

Updated Exhibit F Filed Tonight in LACW/LACAN v. City of LA, CCEA Lawsuit, Includes Detailed List of Weird Lacunae in City’s Discovery Production

California-centralThis is just a very quick note to memorialize tonight’s filing by the plaintiffs in the Los Angeles Catholic Worker and Los Angeles Community Action Network’s suit against the City of Los Angeles and the Central City East Association. Last Wednesday the plaintiffs filed a massive set of declarations and other stuff about ongoing problems with the City’s discovery production in preparation for tomorrow’s hearing (at 10 a.m.) on the plaintiffs’ application to have the City held in contempt. First there is a notice of errata stating that they left part of one exhibit out of the Declaration of Shayla Myers in support of the application for contempt, and then, more interesting, the corrected Exhibit F. Some details after the break.
Continue reading Updated Exhibit F Filed Tonight in LACW/LACAN v. City of LA, CCEA Lawsuit, Includes Detailed List of Weird Lacunae in City’s Discovery Production

City Files Response to Application for Contempt and Sanctions Stating Essentially that they did Hand Over Documents, they are Handing Over Documents, and they Will Hand Over More Documents and the Computer Ate their Homework so it’s not their Fault

California-centralOn Wednesday the plaintiffs in the LACW/LACAN lawsuit against the City of Los Angeles and the Central City East Association filed materials in support of their application for contempt and sanctions against the City of Los Angeles, who, they claim, is not producing discovery materials according to the already-much-extended schedule. Tonight the City filed two documents in response: A declaration of Ronald Whitaker, who’s the Assistant City Attorney handling the case for the City, and a declaration of LeShon Frierson, who is a senior system analyst with the LAPD, and is the Person Most Knowledgeable (PMK) regarding the LAPD’s email systems.
Continue reading City Files Response to Application for Contempt and Sanctions Stating Essentially that they did Hand Over Documents, they are Handing Over Documents, and they Will Hand Over More Documents and the Computer Ate their Homework so it’s not their Fault

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

Federal Civil Rights Lawsuit Filed Yesterday Against City of Los Angeles is Assigned to District Court Judge S. James Otero

The lawsuit filed against the City of Los Angeles by four homeless residents, LA Catholic Worker, and LA CAN, has been assigned to James Otero.
The lawsuit filed against the City of Los Angeles by four homeless residents, LA Catholic Worker, and LA CAN, has been assigned to James Otero.
The federal civil rights lawsuit filed yesterday by four homeless residents of Los Angeles, Los Angeles Catholic Worker, and the LA Community Action Network, was assigned today to District Court Judge S. James Otero (I have the order here). In 2013 Judge Otero decided the big lawsuit against the misuse of VA property in Westwood, thus enraging a bunch of ritzy Brentwood people who think their dogs are more important than not only the lives of veterans but than the property rights of Los Angeles founding mother Arcadia Bandini Stearns de Baker, who donated the property to the VA explicitly for the sake of veterans. Anyway, he did the right thing there, and perhaps he will here too, although the gossip around the MK.org water cooler is leaning towards a motion to switch the case over to Judge Gutierrez, probably based on a “substantial amount of factual overlap” or some such thing. We shall see, I suppose.
Continue reading Federal Civil Rights Lawsuit Filed Yesterday Against City of Los Angeles is Assigned to District Court Judge S. James Otero