Federal Rules of Civil Procedure 25(d) | Michael Kohlhaas dot org

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 couple weeks ago the plaintiffs in this most Byzantine of cases filed “a suggestion” to the court, which evidently is a genuine type of pleading, noting that because Jeff Kepley was being sued in his official capacity and had resigned as chief of the PVEPD, Federal Rule of Civil Procedure 25(d) required that he be automatically dropped as a party to the suit and his successor, who is Mark Velez, acting chief of the PVEPD, be substituted in.

Well, on Tuesday, the City filed a response to the suggestion which, I think, claims that because FRCP 25(d) provides that Jeff Kepley was automatically substituted out and Mark Velez substituted in, the court need not do anything and therefore the suggestion “serves no purpose other than to harass Captain Velez by subjecting him to the publicity of being named as a defendant in this lawsuit” when he’s going to be removed as chief in a few weeks.

I mean, I admit I’m not a lawyer and that I only have a tenuous grasp of what’s going on in many of these papers, but this one seems particularly crazy to me. Everyone admits that Kepley is no longer a party and that Velez is now a party and that this happened automatically when Kepley resigned. Everyone admits that it doesn’t matter what the judge does about it.

So why is it wrong to bring Jeff Kepley’s resignation to the attention of the Judge? How’s he supposed to find out about it if no one tells him? Why does mentioning Mark Velez’s appearance as a defendent constitute harassment after it has already happened? Well, the answer is probably, as is often the case with these people, “who freaking knows?!” There’s a transcription, as always, after the break.
Continue reading I Don’t Know Much About The Law But This Latest Pleading Filed By The City Of PVE Seems Pretty Crackpot To Me — Are They Really Arguing That Mark Velez Was Automatically Named As A Party To The Case When Jeff Kepley Resigned And Therefore It Is Vexatious Harassment To Suggest To The Court That Mark Velez Be Named As A Party?! →

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.

A very peculiar pleading in this most peculiar of cases hit PACER last night, in . It seems that PVE police chief Jeff Kepley retired at some point recently. Since he’s being sued in his official capacity rather than his personal capacity, it appears that Federal Rule of Civil Procedure 25(d) requires that Jeff Kepley be dropped from the suit and his successor named instead:

Public Officers; Death or Separation from Office. An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer’s successor is automatically substituted as a party. Later proceedings should be in the substituted party’s name, but any misnomer not affecting the parties’ substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.

So, very reasonably, it seems, plaintiffs’ attorney Kurt Franklin filed a Suggestion to the Court that the acting Chief, who seems to be Mark Velez at this point, be substituted in.¹ This seems to be fairly inconsequential in that the rule seems to say that the substitution happens irrespective of whether anyone acknowledges it, but it also seems like the kind of thing one would want to tell the court about. If it comes up later and one knew about it and didn’t tell the court, how weird is that going to look?

Not that the City of PVE is worried about such niceties. As with everything to do with the City’s involvement in this case, the events leading up to this filing have an air of shady incompetence, evasion, and deception. It hasn’t yet been proven that this weirdo little City on a Hill has anything to hide, but they surely do act as if they do. So what’s one more little item like not telling the court that the freaking chief of police retired?

As always there’s a transcription after the break, as well as a timeline of key events.
Continue reading Who Is In Charge Of The Palos Verdes Estates Police Department? Jeff Kepley Is Definitely Out, But Other Than That No One At The City Is Talking, At Least They’re Not Talking To Judge James Otero →