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 bunch of paper was filed this afternoon in the Lunada Bay Boys surf localism case, including a hitherto unanticipated1 joint stipulation to dismiss the case against the anonymous minor defendant NF. There’s a transcription of this PDF after the break along with a link to the proposed order that the parties submitted with it.
Also, following along with his putative partners in horridity, Lunada Bay beatdown artist Michael Papayans filed a motion for summary judgment on the basis of the fact that the named plaintiffs, Cory Spencer and Diana Reed, said in their depositions that he didn’t personally beat up either one of them. As always, this motion comes with a bunch of supporting exhibits, mainly excerpts from the plaintiffs’ depositions. There are links and some brief commentary after the break.
Oh, also! There’s yet another telephonic hearing before the magistrate judge scheduled for tomorrow morning, so we can expect yet another minute order telling everyone to cut out the damn nonsense!
- Joint stipulation for dismissal of defendant NF — Described above the fold. See transcription at the end of the post.
- Proposed order to go along with stipulation — I can’t see any reason why the judge wouldn’t just sign this. I’m expecting it later in the week.
- Defendant Papayans’ motion for summary judgment — This is similar to all the other such motions that have been filed in the last couple weeks. He quotes the plaintiffs’ depositions to the effect that Papayans himself didn’t do anything to them. I don’t know if the strategy will work or not, but I’ doubtful that it will. After all, the plaintiffs’ lawyers know what’s in the depositions too, and they’re not giving up. We’ll see, of course.
- Statement of uncontroverted facts — in support of the motion. Just a list of every place in the depos where the plaintiffs said that Papayans didn’t do anything to them.
- Declaration of Peter Havens — in support of Papayans’ motion. This guy is Papayans’ lawyer, and he just has to state under oath that the attached exhibits are what they purport to be.
- Excerpts from Cory Spencer’s deposition — stating that Michael Papayans himself never bothered him at Lunada Bay.
- Excerpts from Diana Reed’s deposition — As above, stating that Michael Papayans never bothered her at Lunada Bay.
- Excerpts from Christopher Taloa’s deposition — This is pretty interesting. Taloa is not a party to the case, but Papayans seems to have left him a threatening voicemail and then, for whatever reason, took Taloa to meet his dad, the senior Papayans. The description is fascinating, it’s a real Godfather scene.
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties, through their respective counsel of record, hereby stipulate and agree as follows:
WHEREAS, Plaintiffs Cory Spencer, Diana Milena Reed, and the Coastal Protection Rangers, Inc. (“Plaintiffs”) filed the above action against Defendants Lunada Bay Boys, Sang Lee, Brant Blakeman, Alan Johnston aka Jalian Johnston, Michael Rae Papayans, Angelo Ferrara, Frank Ferrara, Charlie Ferrara, N.F., the City of Palos Verdes Estates, and Chief of Police Jeff Kepley on March 29, 2016.
WHEREAS, Defendants City of Palos Verdes Estates and Chief of Police Kepley filed their Answer and defenses in response to Plaintiffs’ Complaint on July 25, 2016 (Dkt. No. 89); Defendants Angelo Ferrara, N.F., Papayans, Lee, and Johnston filed their Answers and defenses in response to Plaintiffs’ Complaint on August 1, 2016 (Dkt. Nos. 92, 93, 94, 95); Defendant Blakeman filed his Answer and defenses in response to Plaintiffs’ Complaint on August 2, 2016 and Defendants Charlie and Frank Ferrara filed their Answers and defenses in response to Plaintiffs’ Complaint on September 2, 2016 (Dkt. Nos. 124, 125);
WHEREAS, Defendants City of Palos Verdes Estates and Chief of Police Kepley filed their Amended Answer and defenses in response to Plaintiffs’ Complaint on August 11, 2016 (Dkt. No. 102); Defendants Angelo Ferrara, N.F., Papayans, and Lee filed their Amended Answers and defenses in response to Plaintiffs’ Complaint on August 22, 2016 (Dkt. Nos. 108, 109, 110); and Defendants Johnston and Blakeman filed their Amended Answers and defenses in response to Plaintiffs’ Complaint on August 23, 2016.
WHEREAS, Plaintiffs initiated their Complaint against N.F. in good faith, but no longer desire to pursue their claims against N.F.;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties that all claims against Defendant N.F. shall be dismissed without prejudice by Plaintiffs, as described below:
1. Plaintiffs agree to dismiss without prejudice all claims asserted against Defendant N.F.;
2. This Stipulation and Order is not an adjudication on the merits nor an admission regarding Plaintiff’s claims against Defendant N.F., nor is it an admission by Defendant N.F. of any wrongdoing;
3. Defendant N.F. agrees to produce documents responsive to Plaintiffs’ previously-propounded Requests for Production of Documents notwithstanding this instant Stipulation of Dismissal, and that the Court retains jurisdiction to order such production; and
4. As to each other, Plaintiffs and N.F. agree to waive all claims to attorneys’ fees and costs in this federal lawsuit.
IT IS SO STIPULATED.
Image is ©2017 MichaelKohlhaas.Org and is mashed up out of the finest ingredients the internet has to offer! First there is this image of dude, skooshed up with a public domain hyena and a public domain beach scene.
