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.
Transcription of the order:
FOR GOOD CAUSE SHOWN, IT IS ORDERED THAT:
The Los Angeles Police Department Release the cell phone of Michael Papayans, which is part of the investigation file DR #15-1100891, evidence item 16, to Meridian Discovery, care of Arman Gungor (hereafter “Meridian”), located at 611 Wilshire Blvd, Ste 315, Los Angeles, CA 90017.
Mr. Papayans shall cooperate as necessary with Meridian with respect to passwords, and shall pay Meridian’s costs as well as the costs of production. Meridian is to forensically extract all available data from Mr. Papayans’ phone including, without limitation:
Call History (including voice mail)
Text Message History
Email history
Photos & Videos
Contacts & Calendar
Maps
Notes
Web history
Geolocation (GPS/Cell Tower) data.
The information extracted should include date and time stamps, to the extent available, as well as any other forensic information that can be attributed to each item.
Text Message history should include both SMS and MMS text as well as any other messaging applications found on the phone. Data should include active content as well as deleted but recoverable content. In addition to call activity, server and other connection logs including backup logs should be extracted to the extent available.
Once preservation is complete, using parameters and instructions agreed upon by the parties and provided to Meridian by Papayans’ counsel, Peter Haven, Meridian will perform search and filtering to locate potentially responsive documents in the extracted data. These documents will be provided to Mr. Haven for review.
Upon receipt of the information from Meridian, Mr. Haven and his client shall have 5 days to review the information, assert any appropriate objections and/or any appropriate “CONFIDENTIAL” designation under the Protective Order, and produce non-objectionable data or documents that are responsive to the Request for Production of Documents.
Upon completion, Meridian shall return the phone to the Los Angeles Police Department.
Date: July 12, 2017
HON. ROZELLA A. OLIVER
United States Magistrate Judge
Picture of Papayans started out on TMZ and ended up as you find it here. The peacock is in the public domain. The quote in the mouth of Michael Papayans is from Flannery O’Connor, at least according to LA Magazine, and when have they ever been wrong about anything?
