Tag Archives: Rozella Oliver

Lunada Bay Boys Plaintiffs Ordered To Reveal Names Of Witnesses Including, Presumably, The Weasel. Meanwhile, Blakeman Is Ordered To Cough Up Videos, Etc. Only From 2013 To Present. Perhaps The Meet-And-Confer Didn’t Work Out, As A Telephonic Conference Is Scheduled For Wednesday.

Why is it so hard for everyone to believe that my actual real-life name actually is “The Weasel”?!!?!
For background take a look at this excellent article from the Times on this lawsuit.

A quick note to announce a recent order in the Lunada Bay Boys case that hit PACER last week and somehow I missed it. It’s an order by magistrate judge Rozella Oliver to compel discovery and production, binding on both plaintiffs and defendants. The plaintiffs are ordered, in part, like this:

Plaintiffs are ordered to identify witnesses in response to Interrogatory Numbers 1 through 12. For each interrogatory, Plaintiffs shall identify the responsive witnesses by name. For each witness, Plaintiffs shall specify whether that witness is represented by Plaintiffs’ counsel, or, if Plaintiffs know, by other counsel. For each witness, Plaintiffs shall provide contact information for that witness or state unambiguously that Plaintiffs do not have contact information for that witness.

This seems to be in response to interrogatories propounded by defendant Blakeman, copies of which can be found in this declaration starting at page 92. Famously, one of the plaintiffs’ witnesses seems to be known only as “The Weasel.” Presumably, in response to this order, The Weasel’s true name will have to be revealed.
Continue reading Lunada Bay Boys Plaintiffs Ordered To Reveal Names Of Witnesses Including, Presumably, The Weasel. Meanwhile, Blakeman Is Ordered To Cough Up Videos, Etc. Only From 2013 To Present. Perhaps The Meet-And-Confer Didn’t Work Out, As A Telephonic Conference Is Scheduled For Wednesday.

Lunada Bay Boys Defendant Brant “Blakeman Looked Possessed Or Possibly On Drugs”: Plaintiffs’ Attorney Otten Alleges Bay Boys Defendants Blakeman, Johnston Withheld Evidence, Gave Wrong Phone Passwords Necessitating Court-Ordered Phone Cracking, Committed Other Evidentiary Shenanigans

“Blakeman looked possessed or possibly on drugs. His behavior got more bizarre throughout the morning.”
For background take a look at this excellent article from the Times on the suit.

Well, when I decided to start collecting the pleadings in Spencer v. Lunada Bay Boys, I had no idea how much material it was going to involve. By the way, the full collection is available here on Archive.Org. In any case, a bunch more stuff hit PACER last night. It consists of allegations by Victor Otten, plaintiffs’ attorney, that Bay Boys defendants Brant Blakeman and Alan Johnston are stonewalling court-ordered discovery and that “there is a clear pattern emerging that the individual defendants are withholding and/or destroying evidence and misusing the discovery process.”

There are links and brief descriptions of the new material after the break, as always, but first I have some interesting details about defendant Alan Johnston’s cell phone. It seems that on December 12, 2016, the magistrate judge, Hon. Rozella Oliver, issued an order to compel defendant Alan Johnston to hand over two cell phones and corresponding passwords to the plaintiffs:

IT IS FURTHER ORDERED THAT that Mr. Johnston overnight his cell phone(s), both his old, water damaged phone and his current phone to his counsel. Mr. Carey1 is directed to hand over the cell phone(s) to Todd Stefan at Setec Investigations, 8391 Beverly Blvd #167, Los Angeles, CA 90048, the party chosen by Plaintiffs to conduct the examination of the phone.

Mr. Otten and Mr. Carey shall reasonably cooperate to agree upon a set of search parameters to guide Mr. Stefan’s forensic investigation of the phone(s), including text messages, contacts, photographs, and videos by December 14, 2016. If the parties cannot agree upon a set of search parameters, they shall submit their proposed search parameters to the Court by December 14, 2016. Mr. Johnston is ordered to cooperate as necessary with Mr. Stefan with respect to passwords. Defendant Alan Johnston is ordered to pay the cost of the forensic investigation within 10 days of his attorney being sent a statement.

But according to a declaration filed last night by plaintiffs’ attorney Victor Otten, the process is not proceeding as planned. It seems that the phone wasn’t actually water-damaged, that the handed-over passwords were wrong, thus requiring the forensic investigator to brute-force the phone, and many more similar such shenanigans:
Continue reading Lunada Bay Boys Defendant Brant “Blakeman Looked Possessed Or Possibly On Drugs”: Plaintiffs’ Attorney Otten Alleges Bay Boys Defendants Blakeman, Johnston Withheld Evidence, Gave Wrong Phone Passwords Necessitating Court-Ordered Phone Cracking, Committed Other Evidentiary Shenanigans