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
Tag Archives: Shayla Myers
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
Federal Lawsuit Filed Today by LA Community Action Network, LA Catholic Worker, Four Homeless Plaintiffs, Against City of LA and Three Named LAPD Officers Over Property Confiscations, Wrongful Arrests, Endangerment of Life
A lawsuit filed today in Federal Court on behalf of the Los Angeles Community Action Network, LA Catholic Worker, and four homeless plaintiffs charges the City of Los Angeles along with LAPD officers Andrew Mathes, Sgt. Hamer, and Sgt. Richter1 of endangering the lives of the plaintiffs by wrongfully arresting them and by wrongfully confiscating and destroying their property, including medicine, blankets, tents, and other items necessary to the support of life. The plaintiffs’ attorneys are Carol Sobel and associates, Fernando Gaytan and Shayla Myers of the Legal Aid Foundation of Los Angeles, and Paul Hoffman and Catherine Sweetser. The inimitable Gale Holland has an excellent write-up in the Times but, as usual, it doesn’t include a link to the actual court filings, which is where I can help. The suit isn’t particularly on our BID-beat, but I’m going to get all the filings anyway, so I might as well make them available here. There are some excerpts after the break.
Continue reading Federal Lawsuit Filed Today by LA Community Action Network, LA Catholic Worker, Four Homeless Plaintiffs, Against City of LA and Three Named LAPD Officers Over Property Confiscations, Wrongful Arrests, Endangerment of Life
Documents Filed Mere Moments Ago in LACW/LACAN v. CCEA/City of LA Case Quite Plausibly Accuse City of Los Angeles of Inaccurate Representations Regarding LAPD Discovery Capabilities
Last week attorneys for Los Angeles Catholic Worker and LA Community Action Network filed an application requesting that the City be held in contempt for its misfeasance in what has turned out to be painful, drawn-out discovery process. This morning, mere minutes ago, plaintiffs’ attorney Shayla Myers filed a supplemental declaration in support (along with an exhibit) in which she states:
I am producing this supplemental declaration to update the Court about facts which Plaintiffs have discovered since the ex parte motion to hold the City in contempt was filed. In particular, Plaintiffs have discovered that certain representations by the City of Los Angeles appear to be inaccurate. While the City of Los Angeles has maintained since July 2015 that it cannot do a global search of emails in the possession of the LAPD, Plaintiffs discovered at a deposition of the Person Most Knowledgeable on behalf of the City on February 22, 2016 that the LAPD employs e-discovery software that allows the LAPD to search all emails sent and received by LAPD officers since March 2013, that the software is designed to facilitate global keyword searches, and that when the LAPD has done such a search in the past, it was completed within a week.
Continue reading Documents Filed Mere Moments Ago in LACW/LACAN v. CCEA/City of LA Case Quite Plausibly Accuse City of Los Angeles of Inaccurate Representations Regarding LAPD Discovery Capabilities
Late Night Declaration Filed by Ronald Whitaker Opposing Plaintiffs’ Application for Contempt and Sanctions in LACAN/LACW v. City, CCEA
Earlier today the plaintiffs’ attorneys in the homeless property case, Shayla Myers and Catherine Sweetser, filed a massive application for contempt and sanctions against defendant City of Los Angeles due to their (alleged but totally plausible) recalcitrance in complying with the discovery process. Just now Deputy City Attorney Ronald Whitaker filed a declaration in opposition to this application. There’s nothing that new here, although it’s interesting to see that the City is sticking to its largely discredited claim that
in order to search emails, they need the email addresses of each individual LAPD officer. With the help of our investigator, we have tried to identify each of the individual police officers, of which there are over 400, assigned to the Central Division within the relevant timeframe. The LAPD’s IT department requires us to manually match up each officer name with their serial number, as that is how officers are identified in their email addresses. That process is and has been ongoing.
Continue reading Late Night Declaration Filed by Ronald Whitaker Opposing Plaintiffs’ Application for Contempt and Sanctions in LACAN/LACW v. City, CCEA
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”
LAPD Senior Systems Analyst’s Declaration in LACW Lawsuit Provides Further Insight into LAPD’s Secretive and Cavalier Attitude Towards Public Records, Legal Obligations
Continue reading LAPD Senior Systems Analyst’s Declaration in LACW Lawsuit Provides Further Insight into LAPD’s Secretive and Cavalier Attitude Towards Public Records, Legal Obligations
Tempers Flare in Federal Court as Voluminous New Filings in LACW, LACAN v. City of LA, CCEA Case Reveal Inside Story of Lengthy, Painful Discovery Process
Anyway, you can find all of the new pleadings here in the subdirectory, dated December 8, 2015. First there is a brief motion to compel discovery from the city of LA, necessary because getting camels through the eyes of needles is easier than getting documents out of the city of Los Angeles. This was foreshadowed by something I missed in the the joint stipulation, discussed in my post the other day:
The City and Plaintiffs have met extensively regarding Defendants’ responses to Plaintiffs’ Requests for Production and will likely require Court intervention to resolve their disagreement
It seems that, however, as I recently reported, the CCEA at least is complying with discovery requests. There’s a little bit more detail after the break, including some sample prose laden with negative feelings in a manner not so commonly found in pleadings. I hope to write on a number of specific items later today or quite soon, especially the controversy over production of emails, an area where the city of Los Angeles is infamous for flouting the law.
Continue reading Tempers Flare in Federal Court as Voluminous New Filings in LACW, LACAN v. City of LA, CCEA Case Reveal Inside Story of Lengthy, Painful Discovery Process