For background take a look at this excellent article from the Times on this lawsuit.ames Also see here to download all pleadings in this case.
NOTE: Because I was asked, I thought I’d just announce that I’m sorry for the lack of cartoons. For the next week I’m forced to use a substandard computer. The cartoons will return on or about September 5 if all goes as planned.
Yesterday Judge James Otero bestowed sufficient authority upon Magistrate Judge Oliver to decide all the pending motions relating to discovery shenanigans on the parts of the various defendants, including the plaintiffs’ monumental motion for administrative relief. Well, Oliver is no slacker — today the Magistrate Judge issued an order scheduling a telephonic hearing on all the pending discovery matters for September 5. The purpose of this hearing, it seems, isn’t to decide the issues, but to agree on what further briefs and proceedings will be necessary to decide the issues. As always, there’s a transcript after the break.
Transcription of today’s order
Proceedings: (In Chambers) MINUTE ORDER SCHEDULING TELEPHONIC HEARING
On August 28, 2017, District Judge Otero referred to the undersigned Plaintiffs’ Motion for Administrative Relief Pursuant to FRCP 56(d) and Plaintiffs’ Motion for Sanctions Against Defendants Charlie Ferrara, Frank Ferrara, and Sang Lee for a Report and Recommendation. See Dkt. No. 435. In addition, District Judge Otero authorized the undersigned to consider all pending discovery matters and conduct further hearings and proceedings as may be appropriate or necessary. Id.
Accordingly, the Court schedules a telephonic hearing for September 5, 2017 at 10:00 a.m. The Court will determine at the hearing what further briefing and proceedings are necessary to resolve the referred matters. No further briefing shall be filed for consideration by the undersigned regarding the referred matters or any other discovery-related matter before the September 5 hearing unless directed by the Court.
The parties shall be prepared to discuss at the hearing the pending matters and related
discovery disputes, including the following:
- Plaintiffs’ request for sanctions against Charlie and Frank Ferrara, and the status of collection and production of the outstanding cellular phone records. See Dkt. No. 425.
- Plaintiffs’ request for sanctions against Sang Lee for his alleged destruction of text messages. See Dkt. No. 425.
- The status of the data extraction for the cellular phone of Michael Papayans. See Dkt.No. 397.
- Plaintiffs’ request for responsive text messages and phone records from the personal devices of police officers of the Palos Verdes Estates Police Department.1 SeeDkt.No. 397.
- Plaintiffs’ request for photographs associated with Palos Verdes Estates Police Report DR 021007, and videos associated with a police memorandum regarding a June 20, 2014 Lunada Bay Event (bates numbers CITY023466-CITY023473) and an officer report for incident 14-12058 (bates numbers CITY017541-CITY017545). See Dkt. No. 393.
IT IS SO ORDERED.
- Counsel for the City of Palos Verdes Estates (“the City”) shall notify counsel for Palos Verdes Estates Police Officers’ Association (PVE POA) of the September 5 hearing, and counsel for PVE POA may participate in the hearing. See Dkt. No. 404-1.