According to an order that just hit PACER, the parties in the LA Catholic Worker and LA Community Action Network suit against the Central City East Association and the City of Los Angeles are meeting on April 5 to discuss settling the case. You may recall that a hearing on an application for contempt was already set for that date. According to Magistrate Judge Andrew J. Wisterich, who’s handling discovery matters in the case, and whose order postponed the hearing:
The court has been informed that a settlement conference has been scheduled for April 5, 2016, at 9:30 a.m. To allow the parties to devote their full attention to exploring the possibility of settlement, the hearing is continued to May 4, 2016, at 11:00 a.m.
That’s all we know!
Tag Archives: Central City East Association
City Ordered to Pay Plaintiffs’ Attorneys $38,818.49 in Fees and to Comply with Discovery; Additional Hearing Set for April 5, 2016
On Monday, March 21, 2016, there was a hearing on the plaintiffs’ application to have the City of Los Angeles held in contempt for its failure to comply with discovery orders in the ongoing lawsuit against the City and the CCEA over the illegal confiscation of the property of homeless people. Recall that the plaintiffs asked the Judge to award them more than $40,000 in fees and to declare that the City was at fault as a punitive measure.
Well, the order resulting from that hearing just hit PACER, and the plaintiffs got some but not all of what they asked for. In particular, they were awarded $38,818.49 in fees. Judgement on the rest of the plaintiffs’ requests was deferred. There will be another hearing on April 5, 2016, at 10:30 a.m. in in Courtroom 690 of the Roybal Building, presumably after which the rest of the matters will be decided. According to the order, by 48 hours in advance of the hearing,
The City is directed to complete its production, serve supplemental responses to the requests for production, respond in writing to the questions asked in plaintiffs’ March 15, 2016 letter from Myers to Whitaker, serve a complete and detailed privilege log, file and serve a report describing the status of its compliance with this and other court orders, and pay the sanctions awarded by this order…
And there are more selections after the break.
Continue reading City Ordered to Pay Plaintiffs’ Attorneys $38,818.49 in Fees and to Comply with Discovery; Additional Hearing Set for April 5, 2016
Updated Exhibit F Filed Tonight in LACW/LACAN v. City of LA, CCEA Lawsuit, Includes Detailed List of Weird Lacunae in City’s Discovery Production
This is just a very quick note to memorialize tonight’s filing by the plaintiffs in the Los Angeles Catholic Worker and Los Angeles Community Action Network’s suit against the City of Los Angeles and the Central City East Association. Last Wednesday the plaintiffs filed a massive set of declarations and other stuff about ongoing problems with the City’s discovery production in preparation for tomorrow’s hearing (at 10 a.m.) on the plaintiffs’ application to have the City held in contempt. First there is a notice of errata stating that they left part of one exhibit out of the Declaration of Shayla Myers in support of the application for contempt, and then, more interesting, the corrected Exhibit F. Some details after the break.
Continue reading Updated Exhibit F Filed Tonight in LACW/LACAN v. City of LA, CCEA Lawsuit, Includes Detailed List of Weird Lacunae in City’s Discovery Production
City Files Response to Application for Contempt and Sanctions Stating Essentially that they did Hand Over Documents, they are Handing Over Documents, and they Will Hand Over More Documents and the Computer Ate their Homework so it’s not their Fault
On Wednesday the plaintiffs in the LACW/LACAN lawsuit against the City of Los Angeles and the Central City East Association filed materials in support of their application for contempt and sanctions against the City of Los Angeles, who, they claim, is not producing discovery materials according to the already-much-extended schedule. Tonight the City filed two documents in response: A declaration of Ronald Whitaker, who’s the Assistant City Attorney handling the case for the City, and a declaration of LeShon Frierson, who is a senior system analyst with the LAPD, and is the Person Most Knowledgeable (PMK) regarding the LAPD’s email systems.
Continue reading City Files Response to Application for Contempt and Sanctions Stating Essentially that they did Hand Over Documents, they are Handing Over Documents, and they Will Hand Over More Documents and the Computer Ate their Homework so it’s not their Fault
Documents Filed Just Now in LA CAN/LACW Suit Against City of LA, CCEA, Ask for Award of $46,568 in Costs and Entrance of Long List of Damning Facts as True
I reported a couple weeks ago about the hearing on plaintiffs’ motion to hold the City of LA in contempt for failing to produce discovery documents. The order scheduling the hearing also required the plaintiffs to submit pleadings today outlining the status of the discovery requests and also detailing how much in fees and costs they were asking for. Those documents were filed tonight around 6:30 p.m. and I have them for you here:
- Plaintiffs’ Reply in Support of Plaintiffs’ Ex Parte Application for Sanctions
- Declaration of Shayla Myers in Support of Reply to Plaintiffs’ Ex Parte Application for Sanctions
- Supplemental Declaration of Catherine Sweetser in Support of Reply to Plaintiffs’ Ex Parte Application for Sanctions
Shayla Myers’s declaration has multiple goodies in the exhibits, including a full transcript of the deposition of LAPD Information Technologist LeShon Frierson, in which he revealed for the first time in February that the LAPD does in fact use an email archiving product called GWAVA Retain, which, notably, allows keyword searches across mailboxes, something which the City had wrongly denied was possible. I speculated about this issue in December 2015, so it was a treat to find out that they had this capability, and it’s a treat now to read the actual words of LeShon Frierson describing the software and how it’s used. There are beaucoup emails in there too between Myers and Ronald Whitaker, who’s representing the City. It’s fascinating if, like me, you just can’t resist reading other people’s correspondence.
Continue reading Documents Filed Just Now in LA CAN/LACW Suit Against City of LA, CCEA, Ask for Award of $46,568 in Costs and Entrance of Long List of Damning Facts as True
An Open Letter to Mitch O’Farrell Regarding Plans to Fund Andrews International BID Patrol Operations in Hollywood
March 2, 2016
Councilmember Mitch O’Farrell
200 N Spring St #450
Los Angeles CA 90012
Dear Councilmember O’Farrell,
I am writing to you regarding plans that the Hollywood Property Owners Alliance and the Los Angeles Police Department are making to extend the patrol hours of the Andrews International BID Patrol in the Hollywood Entertainment District until 4 a.m. In particular, I heard at the last HPOA board meeting that you were considering funding all or part of this program from your discretionary money. If this report is accurate, I hope that you will ultimately decide not to fund an expansion of BID Patrol hours in Hollywood. Here are a number of reasons why I think your funding this project would be a bad idea:
1. Regardless of the intention, it looks like a way to evade Police Commission oversight of law enforcement in Hollywood: This expansion of the BID Patrol’s operations is apparently being planned at the request of Hollywood Divison’s Commanding Officer Peter Zarcone. If it’s implemented it will therefore create a City-funded group of quasi-police assembled at the City’s request who are not subject to any kind of civilian oversight or control. I understand that in some technical sense the BID Patrol aren’t police, but this plan makes that seem even more like a distinction without a difference than it already does.
Continue reading An Open Letter to Mitch O’Farrell Regarding Plans to Fund Andrews International BID Patrol Operations in Hollywood
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”
Mere 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).
Continue reading 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”
CCEA Job Descriptions, Emails, Images and Emails from Richard Bloom’s September 2015 Visit to the Hollywood Entertainment District
Continue reading CCEA Job Descriptions, Emails, Images and Emails from Richard Bloom’s September 2015 Visit to the Hollywood Entertainment District
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
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
City of Los Angeles Ordered to Produce Documents, Promises to Pay Costs Incurred Due to Their Delays; Historic Core BID Documents Available
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