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Plaintiffs File Application for Order Holding City of Los Angeles in Contempt for Failure to Comply with Discovery Orders! ” a contempt order [is] necessary and proper to impress on these departments … that Court orders cannot be ignored”

California-centralMere moments ago new filings in the LACAN/LACW lawsuit against the City of LA and the Central City East Association hit the RSS feed of the United States District Court for the Central District of California, and what a doozy! It seems that, despite their representations to the contrary in front of Federal Magistrate Judge Andrew Wistrich, the City of Los Angeles is not complying with the Court’s discovery orders. I haven’t had time to read any of this stuff yet, but it looks super hot so I wanted to get it up here as quickly as possible. First we have an ex parte application for an order holding the City of Los Angeles in contempt and seeking sanctions against them. The plaintiffs state:

Good cause exists for such a motion because despite two orders from this Court compelling the production of responsive documents, the City has failed to produce these documents or identify a date certain when all responsive documents will be produced. Without further intervention and sanctions against the City, the City will continue to ignore this Court’s order and the City’s discovery obligations. Plaintiffs will experience prejudice if the City continues to be permitted to ignore its obligations and this Court’s orders.

Well, that ought to put the fear of God into them. The application was supported by two declarations and a proposed order, to which you will find links after the break (along with another long selection from the application).
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37% Reduction in BID Patrol Arrests from 2014 to 2015 Almost Certainly Due to Our Scrutiny

2007-15_BID_Patrol_arrests_per_yearFollowing six years of essentially level arrest rates (1184 per year on average) between 2009 and 2014 inclusive, as of November 2015 the Andrews International BID Patrol was on track to make only 665 arrests in Hollywood last year.1 This represents a 36.99% drop, which is exceedingly unlikely to be due to chance.2 Long-time readers of this blog will recall that in December 2014 we discovered that on October 10, 2014, the very day after my first visit to a BID meeting of any kind, Steve Seyler wrote to Kerry Morrison, stating:
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CCEA Job Descriptions, Emails, Images and Emails from Richard Bloom’s September 2015 Visit to the Hollywood Entertainment District

Richard Bloom gets the old song-and-dance about the homeless while Steve Seyler looms in the background.
Richard Bloom gets the old song-and-dance about the homeless while Steve Seyler looms in the background.
Tonight I’m just announcing some miscellaneous documents from the Central City East Association and some more detailed information about Assemblyman Richard Bloom’s September 2015 visit to the Hollywood Entertainment District (which my colleagues have previously discussed). On the CCEA side, I have some some emails to and from Fred Faustino, CCEA deputy director of operations. Also I have job descriptions for CCEA Director of Operations and for CCEA Executive Director. This last one is going to come in extremely handy in a major project I’m working on, which I hope to be able to tell you about within the next few months. Turn the page for the HPOA news!
Continue reading CCEA Job Descriptions, Emails, Images and Emails from Richard Bloom’s September 2015 Visit to the Hollywood Entertainment District

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Judge O’Connell Orders Extended Time for Defendants Answer in Street Vending Lawsuit

The Fashion District as a hall of mirrors: Outside Michael Levine's.
The Fashion District as a hall of mirrors: Outside Michael Levine’s.
You may recall that the parties to the street vending lawsuit met before magistrate judge Charles Eick last Thursday but failed to reach a settlement. Today documents were filed asking the judge to allow the defendants until April 11, 2016 to respond to the complaint and, in response ordering such an extension.
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Street Vending Lawsuit: No Settlement Reached Yesterday

A man humiliated, arrested, and chained to a bench by the BID Patrol in Hollywood for selling t-shirts on the street.
A man humiliated, arrested, and chained to a bench by the BID Patrol in Hollywood in 2009 for selling t-shirts on the street.
This is an announcement of the merest of non-news. Yesterday the parties to the Aureliano Santiago et al. v. City of L.A. et al. met before federal magistrate judge Charles F. Eick to discuss a settlement of the case. In the terse description of the minutes:

Case called. Counsel make their appearances. The Court hears discussion. Parties retire to chambers to proceed with the settlement conference.

Settlement is not reached.

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Greater West Hollywood Food Coalition Planning Move to Hollywood and Gower; HPOA Security on Alert

The Greater West Hollywood Food Coalition Kitchen at 1106 N. Cahuenga Boulevard.
The Greater West Hollywood Food Coalition Kitchen at 1106 N. Cahuenga Boulevard.
Yesterday, while perusing the agenda of the January HPOA meeting, which I wasn’t able to attend, I noticed the interesting statement that the “Greater West Hollywood Food Coalition [is] seeking new location within Hollywood Entertainment District BID.” This was in the Security Subcommittee report, because the GWHFC in the eyes of the HPOA comprises (to paraphrase Ted Landreth) “enemies of the people.” Well, I hadn’t heard about this, and made a note to look into it. And, as it happens, I was over at the CD4 Hollywood Field Office this morning scanning some emails for a whole different project3 when I came across this email chain between Ted Landreth of the GWHFC, Sarah Dusseault (CM Ryu’s Chief of Staff), Nikki Ezhari (CD4 Hollywood Field Deputy), and others, announcing the Food Coalition’s planned move to a location near Hollywood and Gower! They’re raising funds to buy property (give generously here) and are more than 25% of the way to their goal. Details on their plans for the property and some other comments after the break.
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Document Filed in Federal Court Yesterday Suggests that LA Community Action Network, LA Catholic Worker v. City of LA, Central City East Association Lawsuit May Settle Within Two Weeks

CCEA Secret Headquarters at 725 Crocker Street, downtown Los Angeles.
CCEA Secret Headquarters at 725 Crocker Street, downtown Los Angeles.
A document filed in Federal Court yesterday suggests that the LACAN/LACW lawsuit against the City of LA and the CCEA over the illegal confiscation of the property of the homeless may be within a scant two weeks of a settlement. The document is a joint stipulation asking that discovery be delayed (but not the trial date; if you’ve been following the case you’ll recall that last November the parties asked Judge Gutierrez to delay the trial, but he refused. I suppose they’re not making the same mistake again). In any case, the pleading states that:

The settlement conferences with
[Magistrate] Judge [Carla M.] Woehrle have been very productive, and based on the most recent settlement conference [on February 2, 2016] and subsequent discussions, parties are hopeful that further settlement discussions over the next two weeks may lead to resolution of many if not all matters in this litigation. The City of Los Angeles in particular has indicated that it needs additional time to consider Plaintiffs’ proposal but that it will be responding shortly.

Continue reading Document Filed in Federal Court Yesterday Suggests that LA Community Action Network, LA Catholic Worker v. City of LA, Central City East Association Lawsuit May Settle Within Two Weeks

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City of Los Angeles Ordered to Produce Documents, Promises to Pay Costs Incurred Due to Their Delays; Historic Core BID Documents Available

One of those hammers they seem to have in a lot of courtrooms.
One of those hammers they seem to have in a lot of courtrooms.
One week ago, on Friday, January 29, there was a telephonic conference before Federal Magistrate Judge Andrew Wistrich, who’s handling what’s turned out to be a grueling discovery process in the LA Community Action Network and LA Catholic Worker lawsuit against the City of LA and the Central City East Association concerning the illegal confiscation of the property of homeless people. The minutes and associated order just showed up in the Court’s RSS feed this afternoon, and you can grab a copy here. It sounds like a hot time was had by all, and the upshot is that:

Counsel for the City represented that the City will complete the LAPD production described during the telephonic conference by February 1, 2016 and the production of other agencies within 14 days. The City is directed to perform those promises. If it is necessary for plaintiffs to retake depositions because of delay or inadequacy in the City’s production of documents, the City will be responsible for all associated reasonable costs and attorneys fees. Counsel for the City assured the Court that the City would cooperate with any efforts by plaintiffs to seek adjustments to the case schedule to mitigate prejudice to plaintiffs resulting from delay or inadequacy in the City’s document production.

There’s no mention of the CCEA, so I suppose that either they’re complying with discovery finally or else they’re failing to comply so badly that it couldn’t be dealt with at this conference.

Read on for absolutely unrelated information about documents from Historic Core BID that just arrived today.
Continue reading City of Los Angeles Ordered to Produce Documents, Promises to Pay Costs Incurred Due to Their Delays; Historic Core BID Documents Available

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Using Your Own Scanner During “Inspection” of Public Records is Allowed by City of Los Angeles, Other Details About LAPD Public Records

The Triforium seen from Fletcher Bowron Square looking southwest from the door of the LAPD Discovery Office this morning.
The Triforium seen from Fletcher Bowron Square looking southwest from the door of the LAPD Discovery Office this morning.
This morning I went to the LAPD Discovery Section at 201 N. Los Angeles Street to inspect the latest batch of emails produced in response to a public records act request I made in January 2015. None of the emails themselves were especially interesting,4 but the procedure itself was interesting. A couple of weeks ago, the incomparably helpful CD13 staffie Dan Halden, after checking with the City Attorney, told me that it was indeed allowed to bring one’s own scanner to a document inspection session. This works out to about 1,000 pages (at 10¢ per page) for a cheap portable scanner, although one with a decent page rate (16 ppm) runs about $200. It seemed worth it, so I brought mine to the LAPD and everything went swimmingly! This is crucial because the City insists5 on printing out emails for inspection and it’s easy to get 2,000 or more pages from a simple request, most of which is junk but it’s hard to tell in advance. Also, I mentioned to Debra Green, who’s handling one of my requests to the LAPD, that no one had answered my other pending ones. She invited me to forward them to her and she’d check into them for me. I did so, and so did she. According to Ms. Green, one of them at least had been assigned to an analyst and was being handled, even though I’d received no response. This may lend some plausibility to the City’s claim in their response to the Stop LAPD Spying Coalition’s Public Records Act lawsuit that, even though they didn’t respond to the requests in question, they nevertheless did look for the records.6 In any case, I’ll update the Practical Guide to CPRA Requests in LA to reflect the possibility of using a scanner. Happy trails, compadres!
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City of Los Angeles Files Answer to Stop LAPD Spying Coalition Public Records Act Petition: Admits Guilt, Expects Reward

Los Angeles Deputy City Attorney Julie Raffish.
Why is the City of LA fighting this lawsuit? What a freaking waste of time and money. On January 26, 2016, the City of Los Angeles filed its answer to the petition filed by Colleen Flynn and Carol Sobel on behalf of the Stop LAPD Spying Coalition and the National Lawyers Guild Los Angeles seeking a writ of mandate ordering the LAPD to stop messing about and turn over the goddamned goodies. (You can find a collection of filings from this suit here). Paragraphs 1 through 9 of the initial complaint are background, and Julie Raffish, who wrote the answer, gets to indulge her evident taste for dark sarcasm in her responses, e.g. at paragraph 4 denying that the NLG is a non-profit legal association.

She also displays a wry, deadpan humor. For instance, in paragraph 3 the plaintiffs assert that the Coalition to Stop LAPD Spying “empowers its members to work collectively against police repression and to dismantle domestic spying operations” and that therefore the Coalition has an interest in the LAPD’s adhering to the Public Records Act. Julie Raffish has the City admitting that the Coalition is interested, but claiming that, as to the rest of the allegations they “lack sufficient information and knowledge to form a belief as to the truth…” of, I guess, whether there are “police repression” and “domestic spying operations” to be dismantled and worked collectively against. Dry as a bone, is Julie Raffish, and isn’t lawyerly humor fun! But the public records stuff is where it gets really interesting:
Continue reading City of Los Angeles Files Answer to Stop LAPD Spying Coalition Public Records Act Petition: Admits Guilt, Expects Reward

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