Tag Archives: Rozella Oliver

Lunada Bay Boys Defendant Sang Lee Ordered To Produce Everything On His Damn Phone Except His Home Address, Emails From His Lawyer, And His Porn Collection, And To Do It By 2 P.M. Today

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 may recall that, a few days ago, the plaintiffs in the Lunada Bay Boys case filed a bunch of paperwork having to do with defendant Sang Lee’s uncooperative attitude towards his discovery obligations, leading to the Honorable Rozella Oliver, magistrate judge in the case, issuing a minute order telling Sang Lee to get moving and hand over the goods.

Well, they had another telephone conference about Sang Lee’s phone this morning, and Oliver, having inspected everything on the phone in secret, issued an order compelling Sang Lee to hand over everything on the phone except “sensitive personal photographs, Defendant Lee’s residential address, and communications between Defendant Lee and his attorneys.” (As always, there’s a transcription of the order after the break).1
Continue reading Lunada Bay Boys Defendant Sang Lee Ordered To Produce Everything On His Damn Phone Except His Home Address, Emails From His Lawyer, And His Porn Collection, And To Do It By 2 P.M. Today

Share

Lunada Bay Boys Defendant Sang Lee Files Motion To Dismiss All Counts Against Him Except Negligence Cause He Didn’t Do Nothing, Your Honor!

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 may recall that the other day, the plaintiffs in the Lunada Bay Boys case filed a bunch of paperwork having to do with defendant Sang Lee’s uncooperative attitude towards his discovery obligations, leading to the Honorable Rozella Oliver, magistrate judge in the case, issuing a minute order telling Sang Lee to get moving and hand over the goods.

Victor Otten’s most recent letter to Sang Lee’s attorneys noted that “… you have stated an intention to file a motion for summary judgement, this will be our last attempt to resolve this matter informally. Moreover, should you file a motion for summary judgement without providing adequate discovery responses, that will be a basis to oppose the motion.”

Well, today Sang Lee filed that very motion to dismiss, along with a bunch of supporting exhibits. His main argument seems to be that all of the plaintiffs have admitted that he personally didn’t do anything to them, so how can he be guilty of intimidating them away from the beach?

Of course, with respect to the allegation of conspiracy, and especially given that, according to Victor Otten, Sang Lee has withheld all the essential evidence, the fact, and it does seem to be a fact, that Sang Lee didn’t intimidate anyone in person seems pretty irrelevant. The plaintiffs’ theory seems to be that he coordinated via cell phone with the actual intimidaters, which certainly sounds like conspiracy to me. Well, as Victor Otten said on July 4, “…should you file a motion for summary judgement without providing adequate discovery responses, that will be a basis to oppose the motion.”

Don’t forget, the hearing on this motion and the parallel motion by Jeff Kepley and the City of PVE is scheduled for August 21, 2017, at 10:00 a.m in James Otero’s courtroom 10C in the First Street Federal Courthouse. Maybe I’ll see you there! Meanwhile, turn the page for links to all the new pleadings.
Continue reading Lunada Bay Boys Defendant Sang Lee Files Motion To Dismiss All Counts Against Him Except Negligence Cause He Didn’t Do Nothing, Your Honor!

Share

Magistrate Judge Rozella Oliver Orders Sang Lee To Produce Under Seal The Results Of Forensic Imaging Of His Phone To Be Examined In Camera In Order To Settle So-Far Intractable Discovery Disputes — Says The Judge: Do It By Friday Morning!

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 just reported this morning that the discovery dispute between plaintiffs and defendant Sang Lee remains unresolved. Today at 1:30 p.m. PDT the parties held a telephonic conference with the Honorable Rozella Oliver, magistrate judge in the Lunada Bay Boys proceedings, to discuss the problems. Mere moments ago Oliver filed a minute order explaining what’s to be done at this stage (as always there’s a transcription after the break).

The upshot is that Sang Lee must produce the extraction report on the forensic imaging of his phone and the plaintiffs must produce a list of names they’re looking for in the phone along with a list of the discovery requests they’ve already made to which they believe information on the phone would be responsive. This is all to be submitted under seal, not on PACER, for Rozella Oliver to review in camera, by Friday, July 21, at 9 a.m. After reviewing the evidence the judge will issue an order settling the matter or else schedule another hearing.

Turn the page for the text of the order.
Continue reading Magistrate Judge Rozella Oliver Orders Sang Lee To Produce Under Seal The Results Of Forensic Imaging Of His Phone To Be Examined In Camera In Order To Settle So-Far Intractable Discovery Disputes — Says The Judge: Do It By Friday Morning!

Share

Plaintiffs’ Lawyer Victor Otten Files Declaration And A Bunch Of Exhibits Documenting Absolute Failure Of Lunada Bay Boys Defendant Sang Lee To Cooperate With Discovery, Threatens Motion To Compel Absent Prompt Compliance

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 Thursday the Honorable Rozella Oliver, magistrate judge in the Lunada Bay Boys zillionaire surf thuggery case, ordered various defendants to quit taking the piss and get cracking with their discovery obligations. In particular, the order filed stated with respect to defendant Sang Lee that:

The parties are also directed to file any meet and confer letters regarding the dispute and the privilege log served by Defendant Lee at least 24 hours before the next telephonic hearing.

Well, yesterday evening plaintiffs’ lawyer Victor Otten fulfilled his part of that obligation by filing a declaration and a bunch of letters between his office and Sang Lee’s attorneys about discovery. This is pretty interesting stuff for a number of technical reasons, and there are links and descriptions after the break.
Continue reading Plaintiffs’ Lawyer Victor Otten Files Declaration And A Bunch Of Exhibits Documenting Absolute Failure Of Lunada Bay Boys Defendant Sang Lee To Cooperate With Discovery, Threatens Motion To Compel Absent Prompt Compliance

Share

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

Share

Judge Rozella Oliver Orders LAPD To Hand Over Michael Papayans’s Cell Phone For Forensic Analysis

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 Lunada Bay Boy defendant Michael Papayans, buddy of Backstreet Boys and anger management dropout, has been unable to hand over his cell phone to the plaintiffs because the LAPD had it as evidence from when Michael Papayans and his mom got arrested for beating up a Mets fan in the parking lot of Dodger Stadium.

Well, all the parties asked Rozella Oliver to make the LAPD release it, and today she issued an order requiring them to do just that. They’re going to get his texts, his photos, his GPS records, every damn thing, including such deleted content as is still recoverable. This must be a horrifying prospect for the guy even though I have zero sympathy for him. He’s even got to pay for the data extraction.

There is, of course, a transcription of the PDF after the break. In other Lunada Bay Boys news, there’s a telephonic hearing with Judge Oliver scheduled for tomorrow at 10 a.m., so perhaps something interesting will come of that.
Continue reading Judge Rozella Oliver Orders LAPD To Hand Over Michael Papayans’s Cell Phone For Forensic Analysis

Share

Best Excuse Ever For Not Complying With Discovery Order: Lunada Bay Boy Defendant Michael Papayans Can’t Hand Over His Cell Phone Cause The LAPD Confiscated It When They Arrested Him In 2016 For Beating Up A Mets Fan At Dodger Stadium Cause His Mom Told Him To. All Parties To Case Ask Judge Rozella Oliver To Order LAPD To Lend It To Them For A Few Days For Analysis

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.

Ah, goodness, how can this case get any weirder? Well, here’s today’s episode. The parties filed this joint stipulation asking the Honorable Rozella Oliver to order the LAPD to lend them defendant Michael Papayans’ cell phone so that the plaintiffs can carry out a forensic analysis as part of the discovery process. And the request is uncontroversial from all sides, since the LAPD told the parties that they’d be happy to hand it over in response to an order from the court. So I’m expecting an actual order soonest.

But the rest of the story is pretty interesting. It seems that Michael Papayans isn’t just a localist surf-thug, he’s a multitalented all-round generic thug as well. You see, the LAPD has the phone because Michael Papayans was arrested in 2016 for helping his mom beat up a Mets fan in the parking lot of Dodger Stadium.1 And evidently even this isn’t the limit of the guy’s thuggery…
Continue reading Best Excuse Ever For Not Complying With Discovery Order: Lunada Bay Boy Defendant Michael Papayans Can’t Hand Over His Cell Phone Cause The LAPD Confiscated It When They Arrested Him In 2016 For Beating Up A Mets Fan At Dodger Stadium Cause His Mom Told Him To. All Parties To Case Ask Judge Rozella Oliver To Order LAPD To Lend It To Them For A Few Days For Analysis

Share

Jalian Johnston Deposition Rescheduled For July 28, No Sanctions Just Now Says Magistrate Judge Rozella Oliver Cause He Appears To Have Tried His Best

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 week of arguing over Jalian Johnston’s deposition in the Lunada Bay Boys case seems finally to be over!1 This afternoon the Honorable Rozella Oliver filed a minute order essentially accepting Jalian Johnston’s version of things. The order schedules his depo for July 28, refuses to sanction Jalian, and makes a few concessions to the plaintiffs to make up for the late deposition. You can read a transcription after the break.
Continue reading Jalian Johnston Deposition Rescheduled For July 28, No Sanctions Just Now Says Magistrate Judge Rozella Oliver Cause He Appears To Have Tried His Best

Share

Jalian Johnston’s Attorneys File Brief On Why He Hasn’t Scheduled His Damn Depo Which, You Won’t Be Surprised To Hear, Is Not His Fault. Meanwhile, Chant Down Babylon, Bruh!

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 this has been the week of the Lunada Bay Boys parties fighting over scheduling Jalian Johnston’s deposition. On Monday the judge told them to stop taking the piss and get a depo on the calendar or else write some briefs explaining why they can’t get it together. Then yesterday the plaintiffs filed a brief explaining that they tried and tried and Jalian Johnston just wouldn’t cooperate which, if you look at every photo ever taken of the guy, seems prima facie pretty plausible.

And now today Jalian Johnston himself filed a brief (transcription after the break) stating that he tried but the plaintiffs fooled around and fooled around and then he just had to book, brah, and he’s sorry, but he can do it July 28, so no need for sanctions.

And, you know, who knows who’s telling the truth? At this point it hardly matters given how overpowering our urge to mock Jalian Johnston has become. And, it turns out, we are not the only ones. Just look at this little gem right here:
Continue reading Jalian Johnston’s Attorneys File Brief On Why He Hasn’t Scheduled His Damn Depo Which, You Won’t Be Surprised To Hear, Is Not His Fault. Meanwhile, Chant Down Babylon, Bruh!

Share

New Brief Filed By Lunada Bay Boys Plaintiffs: Basis Of Jalian Johnston Deposition Scheduling Freakout Is That He’s Too Busy With Work To Be Deposed Until August, Depo Properly Noticed And Scheduled By Plaintiffs For June 30 Anyway, Judge Oliver Asked To Sanction Jalian Johnston If He Doesn’t Show Up

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.

Perhaps you remember that just a couple days ago the Honorable Rozella Oliver, magistrate judge in the Lunada Bay Boys surf thuggery case, told the parties to quit their damnable antics and get defendant Jalian “Alan” Johnston’s deposition scheduled. At that time, she also told the parties that they’d better get together once more and try to figure this out on their own.1

Well, they met yesterday, and nothing got settled, so today plaintiffs’ counsel Lisa Pooley filed a letter brief with the court (transcription after the break, as always), explaining why they have been unable to schedule dude’s depo. It seems that, despite his intensely projected workshy go-with-flow SoCal surflospher image, Jalian Johnston is working too much to allow him to schedule a deposition.2

After weeks of back and forth, the plaintiffs have thrown their hands up in despair and asked the judge to impose sanctions if Jalian Johnston doesn’t make it to his properly noticed and scheduled deposition on Friday, June 30. You can read the painful details in the transcription after the break, but it’s much too stupid for me to summarize for you.
Continue reading New Brief Filed By Lunada Bay Boys Plaintiffs: Basis Of Jalian Johnston Deposition Scheduling Freakout Is That He’s Too Busy With Work To Be Deposed Until August, Depo Properly Noticed And Scheduled By Plaintiffs For June 30 Anyway, Judge Oliver Asked To Sanction Jalian Johnston If He Doesn’t Show Up

Share