Tag Archives: Discovery

Magistrate Judge Rozella Oliver Orders Sang Lee To Produce Under Seal The Results Of Forensic Imaging Of His Phone To Be Examined In Camera In Order To Settle So-Far Intractable Discovery Disputes — Says The Judge: Do It By Friday Morning!

July 19, 2017 Mike Leave a comment

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.

I just reported this morning that the discovery dispute between plaintiffs and defendant Sang Lee remains unresolved. Today at 1:30 p.m. PDT the parties held a telephonic conference with the Honorable Rozella Oliver, magistrate judge in the Lunada Bay Boys proceedings, to discuss the problems. Mere moments ago Oliver filed a minute order explaining what’s to be done at this stage (as always there’s a transcription after the break).

The upshot is that Sang Lee must produce the extraction report on the forensic imaging of his phone and the plaintiffs must produce a list of names they’re looking for in the phone along with a list of the discovery requests they’ve already made to which they believe information on the phone would be responsive. This is all to be submitted under seal, not on PACER, for Rozella Oliver to review in camera, by Friday, July 21, at 9 a.m. After reviewing the evidence the judge will issue an order settling the matter or else schedule another hearing.

Turn the page for the text of the order.
Continue reading Magistrate Judge Rozella Oliver Orders Sang Lee To Produce Under Seal The Results Of Forensic Imaging Of His Phone To Be Examined In Camera In Order To Settle So-Far Intractable Discovery Disputes — Says The Judge: Do It By Friday Morning! →

Plaintiffs’ Lawyer Victor Otten Files Declaration And A Bunch Of Exhibits Documenting Absolute Failure Of Lunada Bay Boys Defendant Sang Lee To Cooperate With Discovery, Threatens Motion To Compel Absent Prompt Compliance

July 19, 2017 Mike Leave a comment

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.

Last Thursday the Honorable Rozella Oliver, magistrate judge in the Lunada Bay Boys zillionaire surf thuggery case, ordered various defendants to quit taking the piss and get cracking with their discovery obligations. In particular, the order filed stated with respect to defendant Sang Lee that:

The parties are also directed to file any meet and confer letters regarding the dispute and the privilege log served by Defendant Lee at least 24 hours before the next telephonic hearing.

Well, yesterday evening plaintiffs’ lawyer Victor Otten fulfilled his part of that obligation by filing a declaration and a bunch of letters between his office and Sang Lee’s attorneys about discovery. This is pretty interesting stuff for a number of technical reasons, and there are links and descriptions after the break.
Continue reading Plaintiffs’ Lawyer Victor Otten Files Declaration And A Bunch Of Exhibits Documenting Absolute Failure Of Lunada Bay Boys Defendant Sang Lee To Cooperate With Discovery, Threatens Motion To Compel Absent Prompt Compliance →

Cory Spencer v. Lunada Bay Boys

More Lunada Bay Boys Discovery Shenanigans — Judge Rozella Oliver Yet Again Has To Tell A Bunch Of Putative Grownups To Start Acting Their Damn Age

July 13, 2017 Mike Leave a comment

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.

Well, after the thrilling sagas of discovery lunacy regarding Lunada Bay Boys defendants Jalian Johnston and his asshole buddy Michael Papayans, now come defendants Sang Lee and Charlie and Frank Ferrara, or at least their attorneys, who all had a telephonic conference with Magistrate Judge the honorable Rozella Oliver this morning.

Out of the meeting came this minute order, directing everyone to stop taking the piss and meet and confer and get the discovery moving. In particular the Ferraras have to get their phone records to the plaintiffs by 5 p.m. Monday. You don’t ever want a federal judge bossing you about in boldface type! Of course there’s a transcription after the break.

Somewhat tangentially, but interestingly, Frank Ferrara, who naturally at this point denies there’s any such thing as the Lunada Bay Boys, was famously quoted in Surfer Magazine in 1991 as saying:

One guy comes and surfs it, and then he brings two or three guys and they bring three or four of their friends and it snowballs and gets out of hand. That’s exactly why we want to protect it. I’ve got two little boys who are 7 and 5 and I hope one day they they’ll be out there shralping and tearing it up without a crowd.

At least one of those two little boys is now a named plaintiff in this case along with Dad. So that happened.
Continue reading More Lunada Bay Boys Discovery Shenanigans — Judge Rozella Oliver Yet Again Has To Tell A Bunch Of Putative Grownups To Start Acting Their Damn Age →

Cory Spencer v. Lunada Bay Boys

Judge Rozella Oliver Orders LAPD To Hand Over Michael Papayans’s Cell Phone For Forensic Analysis

July 12, 2017 Mike Leave a comment

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.

Maybe you recall that Lunada Bay Boy defendant Michael Papayans, buddy of Backstreet Boys and anger management dropout, has been unable to hand over his cell phone to the plaintiffs because the LAPD had it as evidence from when Michael Papayans and his mom got arrested for beating up a Mets fan in the parking lot of Dodger Stadium.

Well, all the parties asked Rozella Oliver to make the LAPD release it, and today she issued an order requiring them to do just that. They’re going to get his texts, his photos, his GPS records, every damn thing, including such deleted content as is still recoverable. This must be a horrifying prospect for the guy even though I have zero sympathy for him. He’s even got to pay for the data extraction.

There is, of course, a transcription of the PDF after the break. In other Lunada Bay Boys news, there’s a telephonic hearing with Judge Oliver scheduled for tomorrow at 10 a.m., so perhaps something interesting will come of that.
Continue reading Judge Rozella Oliver Orders LAPD To Hand Over Michael Papayans’s Cell Phone For Forensic Analysis →

Cory Spencer v. Lunada Bay Boys

Best Excuse Ever For Not Complying With Discovery Order: Lunada Bay Boy Defendant Michael Papayans Can’t Hand Over His Cell Phone Cause The LAPD Confiscated It When They Arrested Him In 2016 For Beating Up A Mets Fan At Dodger Stadium Cause His Mom Told Him To. All Parties To Case Ask Judge Rozella Oliver To Order LAPD To Lend It To Them For A Few Days For Analysis

July 3, 2017 Mike Leave a comment

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.

Ah, goodness, how can this case get any weirder? Well, here’s today’s episode. The parties filed this joint stipulation asking the Honorable Rozella Oliver to order the LAPD to lend them defendant Michael Papayans’ cell phone so that the plaintiffs can carry out a forensic analysis as part of the discovery process. And the request is uncontroversial from all sides, since the LAPD told the parties that they’d be happy to hand it over in response to an order from the court. So I’m expecting an actual order soonest.

But the rest of the story is pretty interesting. It seems that Michael Papayans isn’t just a localist surf-thug, he’s a multitalented all-round generic thug as well. You see, the LAPD has the phone because Michael Papayans was arrested in 2016 for helping his mom beat up a Mets fan in the parking lot of Dodger Stadium.¹ And evidently even this isn’t the limit of the guy’s thuggery…
Continue reading Best Excuse Ever For Not Complying With Discovery Order: Lunada Bay Boy Defendant Michael Papayans Can’t Hand Over His Cell Phone Cause The LAPD Confiscated It When They Arrested Him In 2016 For Beating Up A Mets Fan At Dodger Stadium Cause His Mom Told Him To. All Parties To Case Ask Judge Rozella Oliver To Order LAPD To Lend It To Them For A Few Days For Analysis →

Cory Spencer v. Lunada Bay Boys

City Of Palos Verdes Estates Shortcircuits Ongoing Discovery Dispute By Just Handing Over The Damn Private Investigator’s Report On How The Undercover Sting Operation Got Blown, But The Squabbles Never Cease And Now They Are Fighting Over Scheduling Defendant Alan Johnston’s Deposition!

June 16, 2017 Mike Leave a comment

Jeff Kepley is sworn in as new police chief of Palos Verdes Estates, CA. The ceremony for Chief Kepley, who was joined by family, friends, council members from PVE, and many police from various cities, took place at the La Venta Inn, located in Palos Verdes Estates.

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 few days ago I wrote about a telephonic conference between the Lunada Bay Boys case plaintiffs and the City defendants¹ before magistrate judge Rozella Oliver. They were fighting over a report submitted by a private eye hired by the City to figure out who blew a planned sting operation against the Bay Boys’ surf thuggery.

At that time Judge Oliver ordered the parties to brief her thoroughly on the matter. Well, it seems that the City decided to just hand over the report rather than fight about it any more. Hence they all filed a joint stipulation asking the judge not to make them write the briefs any more. You’ll find a transcription of the stipulation after the break. It’s not by any means clear that we’ll be able to get our hands on the report itself, although often discovery material turns up in the exhibits to later motions, so maybe we will.

However, all is not peaceful on the PVP!² Evidently the parties had another telephone call with Judge Oliver yesterday in which they had to admit that they couldn’t agree on how to schedule defendant Alan Johnston’s deposition. She told them more or less to work it out amongst themselves or everyone would have to have another damn phone call. Here’s a link to the minute order summarizing the call, and a transcription of this one is also available after the break.
Continue reading City Of Palos Verdes Estates Shortcircuits Ongoing Discovery Dispute By Just Handing Over The Damn Private Investigator’s Report On How The Undercover Sting Operation Got Blown, But The Squabbles Never Cease And Now They Are Fighting Over Scheduling Defendant Alan Johnston’s Deposition! →

Cory Spencer v. Lunada Bay Boys

Magistrate Judge Rozella Oliver Orders Further Briefing From Parties On Question Of Whether Lunada Bay Boys Case Plaintiffs Can Get Their Hands On Investigative Report About PVE Police Leak Of Undercover Anti-Bay-Boys Sting Op

June 8, 2017 Mike 1 Comment

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.

You might recall that in early 2016 the Palos Verdes Estates Police Department organized a sting operation to catch zillionaire surf thugs the Lunada Bay Boys in the midst of their zillionaire surf thuggery but someone tipped off the Bay Boys, no doubt because they’re not just all sleeping with each others’ spouses up there on The Hill, they also all grew up together like a bunch of hillbillies in a holler and they operate on a need-to-know basis but they have their own ideas of who needs to know what.

In any case, PVE Chief of Police Jeff Kepley hired an outside investigator to find out what had gone wrong, and the plaintiffs in the case want a copy of the report via discovery. The City of PVE and Jeff Kepley are claiming that the report is privileged under the Work Product Doctrine. So they all had a phone conversation with Magistrate Judge Rozella Oliver, and the Judge filed these minutes of the discussion and ordered everyone to submit further briefing by July 6. And if you hate PDFs, turn the page for a transcription of the whole order.
Continue reading Magistrate Judge Rozella Oliver Orders Further Briefing From Parties On Question Of Whether Lunada Bay Boys Case Plaintiffs Can Get Their Hands On Investigative Report About PVE Police Leak Of Undercover Anti-Bay-Boys Sting Op →

Announcements, Lawsuits

Answer to Chua v. City of L.A. Filed, Court Orders Scheduling Conference for September 12, 2016

June 16, 2016 Mike Leave a comment

See this article from the LA Times and our previous post on the subject for the background to this post.

On June 1 the City of Los Angeles filed its response to the the initial complaint. I don’t have much to say about it. They deny everything and put forth a few affirmative defenses which all pretty much amount to “they didn’t actually accuse us of anything so we must not have done it.” Also, in some other routine news, Judge John Kronstadt issued an order just today setting a scheduling conference for September 12 at 1:30 p.m.¹ This doesn’t mean much, except I think once this conference is set up the parties are meant to get serious about discovery, which, at least in the last few federal cases I’ve been following, has been an exciting time pleadingswise.
Continue reading Answer to Chua v. City of L.A. Filed, Court Orders Scheduling Conference for September 12, 2016 →