Earlier today I wrote about a bunch of filings in the Lunada Bay Boys case, but clearly I wrote too soon. Quite soon after I published that post, a bunch more paper hit PACER. This includes motions for summary judgment from defendants Angelo Ferrara, Jalian Johnston, and Brant Blakeman. There’s also a request from the plaintiffs for a time extension to respond to all these zillions of defense motions for summary judgment. A major argument therein is, as promised, the fact that Jalian Johnston won’t be deposed until July 28 and the unextended deadline for the plaintiffs to respond is July 31.
If there’s an award for rapiest pleading filed in federal court, Blakeman’s motion is gonna be a strong contender. He actually claims that even though Jalian Johnston did spray beer on Diana Reed, she was smiling the whole time so it can’t be assault:
Plaintiffs’ case against moving party Brant Blakeman consist solely of Spencer’s claim that Blakeman surfed too close to him on one occasion at Lunada Bay and Reed’s claim that Blakeman videotaped her at the patio structure at the Bay when defendant Alan Johnston opened a can of beer that sprayed some drops on her arm.
These factual claims fall far short of establishing a violation of the Bane Act by Blakeman, which requires violent acts, physical threats, coercion, or intimidation resulting in fear of injury or harm and, thereby, prevents them from exercising a constitutional right. With respect to the incident in which Blakeman did nothing more than videotape Reed, who, by the way, was photographing Blakeman and others with her own camera and invited a photographer from the LA Times, Reed can be seen throughout the video smiling, smirking, and in no apparent distress. Indeed, she spent over 60 minutes at the bay and made no attempt to leave the patio structure
Anyway, turn the page for links to the new filings. I’m super-busy with another project, to be announced soonest,1 so no time for more than that. Also, don’t forget that the hearing for all of these defense motions for summary judgment is scheduled for August 21, 2017, at 10:00 a.m in James Otero’s courtroom 10C in the First Street Federal Courthouse.
- Angelo Ferrara motion for summary judgment
- Angelo Ferrara’s statement of uncontroverted facts
- Declaration of Mark Fields in support of Ferrara’s motion
- Plaintiffs’ request for time extension to oppose motions for summary judgment
- Declaration of Samantha Wolff in support of plaintiffs’ request
- Proposed order granting plaintiffs’ request — This has the wrong title but it’s clearly the right motion.
- Jalian Johnston’s motion for summary judgment
- Jalian Johnston’s statement of uncontroverted facts
- Declaration of Patrick Carey in support of Jalian’s motion
- Exhibit 1 in support of Johnston’s motion — excerpts from Cory Spencer’s depo.
- Exhibit 2 in support of Johnston’s motion — excerpts from Diana Reed’s depo
- Exhibit 3 in support of Johnston’s motion — photos of Jalian Johnston spraying beer on Diana Reed
- Brant Blakeman’s motion for summary judgment
- Declaration of Richard Dieffenbach in support of Blakeman’s motion
- Blakeman’s statement of uncontroverted facts
- Blakeman’s notice of lodging a video in support of motion