Tag Archives: Victor Otten

Magistrate Judge Rozella Oliver To Lunada Bay Boys Plaintiffs And Defendant Brant Blakeman Re Discovery Matters: You Are The Grownups In The Room So Start Acting Like It Or We’re Just Gonna Have To Have Another Damn Phone Call!

Earlier today Magistrate Judge Rozella Oliver held a telephonic conference with attorneys for the Lunada Bay Boys plaintiffs and also defendant Brant Blakeman. They’re evidently still squabbling over discovery matters. This may be the same dispute I wrote about in January or it may be something else. It has to do, though, with Blakeman claiming that the plaintiffs’ responses to his supplemental interrogatories were inadequate. It’s possible that this disagreement is the one described in these two docket items:

Here is a copy of Rozella Oliver’s order and also there’s a transcription after the break.
Continue reading Magistrate Judge Rozella Oliver To Lunada Bay Boys Plaintiffs And Defendant Brant Blakeman Re Discovery Matters: You Are The Grownups In The Room So Start Acting Like It Or We’re Just Gonna Have To Have Another Damn Phone Call!

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Lunada Bay Boys Defendant Brant Blakeman’s Attorney Urges Federal Court To Treat Plaintiffs’ Claims Skeptically Given, E.G., With Respect To “Nefarious Charge” That Blakeman Sold Drugs Out Of The Bay Boys’ Fort, ‘the only witness is someone named “the Weasel”.(!)’

Why do lawyers always think that saying my name is enough to impeach my testimony? At least I’m not freaking Rumpelstiltskin!
For background take a look at this excellent article from the Times on this lawsuit.

This is just a brief note to memorialize the fact that, in response to the big pile of stuff filed over the weekend by plaintiffs’ attorney Victor Otten in the Lunada Bay Boys suit, Brant Blakeman’s attorney Richard Dieffenbach has filed this reply, which is written with a certain je ne sais quoi, as they say. For instance, in his interrogatories to the plaintiffs, Brant Blakeman propounded1 the following question:2

IDENTIFY ALL PERSONS that have knowledge of any facts that support your contention in paragraph 18 of the Complaint that BRANT BLAKEMAN “sell[s] market[s] and use[s] illegal controlled substances from the Lunada Bay Bluffs and the Rock Fort” and for each such PERSON identified state all facts you contend are within the PERSON’s knowledge.

And after more than a page of objections as to why this question is improper and they don’t have to answer it and so on, the plaintiffs say they’re gonna answer just a little bit anyway, and here’s what they answer:

In addition to each defendant named in his individual capacity and other person identified in Plaintiffs’ Initial and Supplemental Disclosures, and the evidence submitted in support of Plaintiffs
[sic/ motion for class certification, Responding Party identifies the following individuals: and individual that is goes [sic] by the name The Weasel.

Continue reading Lunada Bay Boys Defendant Brant Blakeman’s Attorney Urges Federal Court To Treat Plaintiffs’ Claims Skeptically Given, E.G., With Respect To “Nefarious Charge” That Blakeman Sold Drugs Out Of The Bay Boys’ Fort, ‘the only witness is someone named “the Weasel”.(!)’

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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

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