A constant theme in the Lunada Bay Boys zillionaire surf thuggery case has been the glacially like-teeth-pulling pace at which the Bay Boys1 have complied with their discovery obligations. The parties have had innumerable telephonic hearings with the Honorable Rozella Oliver, magistrate judge in the case, who has had order meet-and-confers, and order the parties to submit briefs on their attempts to get through discovery, and issue orders, and issue even more orders.
Well today, at least with respect to defendants Sang Lee and Jeff Kepley, matters have evidently reached the point that the plaintiffs have filed motions to compel production of discovery materials and they’re also asking for fees and costs. Here are copies of the two motions along with associated so-called proposed joint statements, which are actually more interesting, containing as they do the facts behind the motions:
- Motion to compel Sang Lee
- Proposed joint statement regarding motion to compel Sang Lee
- Motion to compel Jeff Kepley
- Proposed joint statement regarding motion to compel Jeff Kepley
The issues, in short, are as follows. With respect to Sang Lee, he improperly withheld text messages, produced an unintelligible privilege log, lied about what he redacted, and so on. With respect to Jeff Kepley, he produced the wrong stuff, produced it in the form of unsearchable image files,2 made improper arguments for not producing stuff, and, crucially, never produced the phone records of various PVE cops who are alleged to be asshole buddies with the Bay Boys.
A hearing on these motions is scheduled for Wednesday, September 6 at 10:00 a.m. in Judge Rozella Oliver’s courtroom F on the 9th floor of the Spring Street federal courthouse at 312 N. Spring Street. Also, a bunch of fairly interesting supplementary material was filed in support of the motions, and you can find links and brief descriptions after the break.
- Notice of motion to compel Sang Lee’s production — Same thing as before the break.
- Proposed joint statement regarding plaintiffs’ motion to compel Sang Lee — Same thing as before the break. Worth reading as it lays out the specific complaints the plaintiffs have with Sang Lee’s faulty production.
- Declaration of Victor Otten in support of motion to compel Sang Lee — Definitely worth your time. Has plenty of excerpts from ultra-moronic definitions and some screenshots of text messages. Selected stupidest Bay Boy quote of the moment, Charlie Mowat describing Diana Reed: “No, I just think she was — I could tell people’s body language and the way people are and she just looked like a bitch to me and a liar.
- Proposed order on motion to compel Sang Lee — Yet another proposed order.
- Motion to compel Jeff Kepley to produce discovery — As above.
- Proposed joint statement regarding motion to compel Jeff Kepley. — As above, worth reading as it explains exactly what Jeff Kepley and the City of PVE failed to produce with respect to their discovery obligations.
- Declaration of Victor Otten in support of motion to compel Jeff Kepley — Also worth reading, if only for Victor Otten’s detailed letters concerning the defendants’ discovery obligations. He insists on having electronic records in native format with metadata preserved and so on. It’s just lovely that this is considered normal in the federal court system. For all I know it’s normal in the LA County courts as well, but you sure wouldn’t know it given the cavalier attitude of our local BIDs and, for that matter, the freaking City of Los Angeles. I mean, I know that the City of PVE and Jeff Kepley have played fast, played loose with these requirements, but it sounds like there’s recourse to be had. It’s not so clear that that’s the case with respect to CPRA.