Tag Archives: Rozella Oliver

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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Lunada Bay Boys Case: Charlie And Frank Ferrara Withdraw Motion For Summary Judgment, City Of PVE Releases A Bunch Of Formerly Confidential Material Proving Among Other Things That Former Police Chief Jeff Kepley Wanted To Charge Bay Boys As A Gang, More Papayans Text Messages, Powerful Plaintiffs’ Opposition To City Defendants’ Motion

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.

There’s so much going on right now that I barely have time to list the recent paper filed in the Lunada Bay Boys case, but there’s a lot of interesting stuff here.

• First of all, recall that during last week’s hearing on sanctions against defendants Charlie Ferrara, Frank Ferrara, and Sang Lee, magistrate judge the honorable Rozella Oliver strongly hinted to the Ferraras’ attorney, Alison K. Hurley, that she really ought to consider withdrawing her clients’ motion for summary judgment. Well, I suppose that when judges hint, smart people listen, and, additionally, it seems that Alison K. Hurley does as well. Thus on Monday the Ferraras filed this notice of withdrawal of their previous motion.

• Next we have the Plaintiffs’ supplemental brief in opposition to City defendants’ motion for summary judgment. The overarching issue is that the City of PVE has been so remiss in its duties to release documents that they’ve made it impossible for the plaintiffs to respond effectively to this motion for summary judgment. This is worth reading, and there’s a partial transcription at the end of this post.

• Also, this item comes with a statement of supplemental facts and a bunch of exhibits. These contain tons of super-interesting, formerly confidential, documentary evidence. The point is to enumerate all the ways in which the City defendants failure to provide this new evidence, some of it obtained as recently as yesterday, hindered the plaintiffs’ response. The new evidence is fascinating. There’s a list of links and descriptions after the break.

• Finally, there’s a supplemental brief in opposition to the individual defendants’ motions for summary judgment, which plays a role parallel to the analogous document for the City defendants. This too is well worth your attention, and there’s a partial transcription after the break. This also comes with a statement of supplemental facts, also worth reading, with lots of new creepy Bay Boy texts and so on.
Continue reading Lunada Bay Boys Case: Charlie And Frank Ferrara Withdraw Motion For Summary Judgment, City Of PVE Releases A Bunch Of Formerly Confidential Material Proving Among Other Things That Former Police Chief Jeff Kepley Wanted To Charge Bay Boys As A Gang, More Papayans Text Messages, Powerful Plaintiffs’ Opposition To City Defendants’ Motion

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Get To The Bay And Rouste [sic] Those Kooks! Newly Obtained Papayans Text Messages Prove Bay Boy Conspiracy To Deny Cory Spencer Access To The Water — Also, News From Thursday’s Hearing On Sanctions Against Charlie And Frank Ferrara And Sang Lee For, Among Other Things, Destroying Evidence

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.

I apologize for having neglected the Lunada Bay Boys case lately, but I’ve just been so overwhelmed with the Skid Row Neighborhood Council matter that I haven’t had time for much else. There have, however, been a number of interesting developments in this matter as well.

First of all, recall that the cell phone of Bay Boys defendant Michael Papayans was in LAPD custody after his notorious arrest for beating up a man in the parking lot of Dodger Stadium. Once the LAPD gets its hands on evidence it seems that they don’t give it up so very easily, and thus, in July, the Honorable Rozella Oliver, magistrate judge in the case, ordered them to hand it over for analysis. Well, they evidently did so, and, on October 9, a bunch of text messages from the phone were filed with the court. You must read these texts! It seems to me that they pretty much prove the plaintiffs’ case. Here are some highlights:

  • Yeah get down there I’ll be up as soon as I can my dad should be going out soon
  • Yea, only 5 guys out and he’s out, I’m going
  • I hate this guy
  • Are they in the water
  • He’s in the water. Only five guys out. Get down here boys. I’m out there
  • Kooks up there
  • Get him Charlie, just go shake his hand, tell him we missed him and can’t believe he didn’t make any of these latest headlines, he should be ashamed
  • Lol ok I’m on my way !
  • Michelle get to the bay and rouste [sic] those kooks
  • there are two kooks he’s got a little baldheaded white guy with them he looks like a boogie board or to fuck what a joke!
  • The kook is here at the bay right now
  • I don’t know how I get put on these threads but its hilarious :)


And the other news is that the hearing on sanctions against defendants Charlie and Frank Ferrara and Sang Lee for discovery shenanigans took place on Thursday as scheduled. What a wild ride!
Continue reading Get To The Bay And Rouste [sic] Those Kooks! Newly Obtained Papayans Text Messages Prove Bay Boy Conspiracy To Deny Cory Spencer Access To The Water — Also, News From Thursday’s Hearing On Sanctions Against Charlie And Frank Ferrara And Sang Lee For, Among Other Things, Destroying Evidence

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Lunada Bay Boys Magistrate Judge Rozella Oliver Rules That Mostly Plaintiffs Can File Supplemental Oppositions To Individual Defendants’ Motions For Summary Judgment But Not In The Case Of City Defendants For Some Damn Reason

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 discovery problems in this case are getting exceedingly hard to follow. At this point they seem to be divisible into two main categories. There are the motions for sanctions, which are set for a hearing next week. And then there is the plaintiffs’ motion for administrative relief, which is based on the various and sundry motions for summary judgment filed by the various and sundry defendants in combination with the fact that those various and same defendants have not been forthcoming with discovery materials. The argument is that without access to the discovery material the plaintiffs haven’t been able to adequately respond to the motions for summary judgment.
Continue reading Lunada Bay Boys Magistrate Judge Rozella Oliver Rules That Mostly Plaintiffs Can File Supplemental Oppositions To Individual Defendants’ Motions For Summary Judgment But Not In The Case Of City Defendants For Some Damn Reason

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Lunada Bay Boys News Roundup: More Discovery Matters, October 12 Hearing Set Before Rozella Oliver — Tiffany Bacon Withdraws As Attorney To Ferraras — Plaintiffs File Memorandum Supporting Discovery Request For Work-Related Texts From PVEPD Officers’ Personal Cell Phones

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 latest episode in the ongoing nightmare that is the discovery process in this case is summarized in this minute order setting the schedule for dealing with the plaintiffs’ motion for sanctions against Charlie and Frank Ferrara and Sang Lee. You can read a transcription after the break to get the details, but essentially everyone has to meet and confer and a strict briefing schedule is set. There is an in-person hearing scheduled for October 12 at 10 a.m. in Courtroom F on the ninth floor of the Spring Street Federal Courthouse.

And turn the page for the story on the other items mentioned in the headline!
Continue reading Lunada Bay Boys News Roundup: More Discovery Matters, October 12 Hearing Set Before Rozella Oliver — Tiffany Bacon Withdraws As Attorney To Ferraras — Plaintiffs File Memorandum Supporting Discovery Request For Work-Related Texts From PVEPD Officers’ Personal Cell Phones

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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 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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