E Sanchez et al v. William J Bratton et al
| E Sanchez, R Sanchez, C Rodriguez and S Figueroa |
| William J Bratton, Willie L Williams, Daryl F Gates, Silvia Saucedo, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, James K Hahn, Ruth Galanter, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P Zine, Tom LaBonge, Jack Weiss, Tony Cardenas, Alex Padilla, Bernard C Parks, Jan Perry, Martin Ludlow, Greig Smith, Janice Hahn, James Canales, Fifteen Unknown Named LAPD Officers, Michael Antonovich, Yvonne B Burke, Don Knabe, Gloria Molina, Zev Yaroslavsky, Paul Higa, Richard Schumsky, Wesley Woo, Fifteen Unknown Named Los Angeles County Probation Dept Officers and/or employees, Mike Arai, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo and Joe Vaszuez |
| 2:2004cv09991 |
| December 8, 2004 |
| US District Court for the Central District of California |
| Audrey B Collins |
| Suzanne H Segal |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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| Filing 157 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #113 #107 CCA # 06-55584. The decision of the district court is reversed and remanded. Mandate received in this district on 11/20/2012. (dmap) |
Filing 156
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #141 filed by S Figueroa, R Sanchez, E Sanchez, C Rodriguez CCA # 09-56913. The full court has been advised of the petition for rehearing en banc and no Judge has requested a vote on whether to rehear the matter enbanc. The petition for rehearing and petition for rehearing en banc are denied. Order received in this district on 11/9/2012. (dmap)
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Filing 155
ORDER from 9th CCA filed, CCA # 06-55584. The petition for rehearing and petition for rehearing en banc are DENIED. Counsel Stephen Yagman's request for publication of the 9/13/12 Order is DENIED. Order received in this district on 11/9/12. (car)
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Filing 154
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #113 filed by Ruben Gonzalez, Max Rede, James Canales, Alex Ronquillo, William Lantz, CCA # 06-55584. The Clerk's Office is directed to forward the Petition for Rehearing with Suggestion for Rehearing En Banc (Dkt #56) to all Judges of this court. Order received in this district on 10/12/12. (car)
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Filing 153
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #141 filed by S Figueroa, R Sanchez, E Sanchez, C Rodriguez, CCA # 09-56913. The Clerk's Office is directed to forward the corrected Petition for Rehearing with Suggestion for Rehearing En Banc (Dkt #66) to all Judges of this court. Order received in this district on 10/12/12. (car)
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Filing 152
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #113 filed by Ruben Gonzalez, Max Rede, James Canales, Alex Ronquillo, William Lantz CCA # 06-55584. Plaintiffs-Appellees' Motion for Relief from judgment, filed August 4, 2012 is denied. See the order for the rest of the details. Order received in this district on 9/13/2012. (dmap)
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| Filing 151 APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 5; RE: Appeal Record Sent to USCA (A-26) 129 (lr) |
| Filing 150 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #141 , CCA # 09-56913. The Decision of the District Court is AFFIRMED. Mandate received in this district on 8/15/2011. (lr) |
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Filing 148
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #141 filed by S Figueroa, R Sanchez, E Sanchez, C Rodriguez, CCA # 09-56913. The panel has voted unanimously to deny the petition for panel rehearing. Judge Reinhardt and Judge Hawkins have voted to deny the petition for rehearing en banc, and Judge Cogan has so recommended. Accordingly, the petitions for panel rehearing and rehearing on banc are DENIED. Order received in this district on 8/4/11. (car)
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| Filing 146 CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals #141 filed by S Figueroa, R Sanchez, E Sanchez, C Rodriguez ; Court of Appeals Case Number: 09-56913; (lr) |
| Filing 145 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: Not applicable; Court Reporter: Not applicable; Court of Appeals Case Number: 09-56913; Re: #141 (Yagman, Marion) |
| Filing 144 Civil Appeals Docketing Statement received from Plaintiffs E Sanchez, R Sanchez, C Rodriguez, S Figueroa forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals #141 (Yagman, Marion) |
| Filing 143 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #141 as to Plaintiffs E Sanchez, R Sanchez, S Figueroa; Receipt Number: 127402, Paid in the amount of $455. (lr) |
| Filing 147 BILL OF COSTS. Costs Taxed in amount of $ 1,140.40 in favor of Defendant, William Bratton and against Plaintiff, E. Sanchez. #136 , #140 , #138 (rmo) |
| Filing 142 NOTIFICATION by Circuit Court of Appellate Docket Number 09-56913, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #141 as to plaintiff E Sanchez. (lra) |
| Filing 141 NOTICE OF APPEAL to the 9th CCA filed by plaintiffs E Sanchez, R Sanchez, C Rodriguez, S Figueroa. (Yagman, Marion) |
| Filing 140 Amended APPLICATION to the Clerk to Tax Costs against Plaintiffs E Sanchez, R Sanchez, C Rodriguez, S Figueroa re: Judgment,,, #136 , filed by Defendants William J Bratton, Willie L Williams, Daryl F Gates, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, James K Hahn, Cindy Miscikowski, Eric Garcetti, Mike Arai, Ed Reyes, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo, Joe Vaszuez, Wendy Greuel, Dennis P Zine, Tom LaBonge, Jack Weiss, Alex Padilla, Bernard C Parks, Jan Perry, Martin Ludlow, Greig Smith, James Canales. Application set for hearing on 12/3/2009 at 01:00 PM before Clerk of Court. (Attachments: #1 Bill of Costs)(Miller, Craig) |
| Filing 139 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: APPLICATION to the Clerk to Tax Costs #138 . Application is noticed incorrectly for hearing. Bill of Cost hearings are scheduled for Thursdays at 9:00 am, 10:00 am, 11:00 am, and 1:00 pm. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) |
| Filing 138 APPLICATION to the Clerk to Tax Costs against Plaintiffs E Sanchez, R Sanchez, C Rodriguez, S Figueroa re: Judgment,,, #136 , filed by Defendants William J Bratton, Willie L Williams, Daryl F Gates, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, James K Hahn, Cindy Miscikowski, Eric Garcetti, Mike Arai, Ed Reyes, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo, Joe Vaszuez, Wendy Greuel, Dennis P Zine, Tom LaBonge, Jack Weiss, Alex Padilla, Bernard C Parks, Jan Perry, Martin Ludlow, Greig Smith, James Canales. Application set for hearing on 12/8/2009 at 02:00 PM before Clerk of Court. (Attachments: #1 Bill of Costs (CV-59))(Miller, Craig) |
| Filing 137 PROOF OF SERVICE OF SERVICE filed by Defendants William J Bratton, Willie L Williams, Daryl F Gates, Silvia Saucedo, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, James K Hahn, Cindy Miscikowski, Eric Garcetti, Mike Arai, Ed Reyes, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo, Joe Vaszuez, Wendy Greuel, Dennis P Zine, Tom LaBonge, Jack Weiss, Alex Padilla, Bernard C Parks, Jan Perry, Martin Ludlow, Greig Smith, Janice Hahn, James Canales, Paul Higa, Richard Schumsky, Wesley Woo, re Notice of Lodging #135 [Proposed] Judgment served on 10-23-09. (Miller, Craig) |
| Filing 136 JUDGMENT by Judge Audrey B. Collins: It Is Ordered, Adjudged and Decreed that Plaintiffs E. SANCHEZ, R. SANCHEZ, C. RODRIGUEZ, AND S. FIGUEROA, have and recover nothing by reason of each and all of their claims as set forth in the Complaint against Defendants WILLIAM J. BRATTON; RICK J. CARUSO; DAVID S.CUNNINGHAM, III; ERIC GARCETTI; DARYL F. GATES; WENDY GREUEL; JAMES K. HAHN; PAUL HIGA; TOM LA BONGE; MARTIN LUDLOW; CINDY MICIKOWSKI; ROSE OCHI; ALEX PADILLA; BERNARD C. PARKS; JAN PERRY; ED REYES; SILVIA SAUCEDO; RICHARD SCHUMSKY; ALAN J. SKOBIN; GREIG SMITH; JOE VASQUEZ; JACK WEISS; WILLIE L. WILLIAMS; DENNIS P. ZINE; CORINA ALARCON; MIKE ARAI; RUBEN GONZALEZ; MAX REDE; JAMES CANALES; ALEX RONQUILLO; WILLIAM LANTZ; and WESLEY WOO and that Defendants are the prevailing parties and shall recover their costs in accordance with Local Rule 54. (MD JS-6, Case Terminated). (mg) |
| Filing 135 NOTICE OF LODGING filed [Proposed] JUDGMENT re MOTION for Summary Judgment MOTION for Summary Adjudication 67 (Attachments: #1 Proposed Order Proposed Judgment)(Miller, Craig) |
| Filing 134 MINUTES OF IN CHAMBERS ORDER RE: NINTH CIRCUIT MANDATE held before Judge Audrey B. Collins: The Court has received the Ninth Circuits mandate in this matter. Per the Ninth Circuit's instruction, the Court hereby GRANTS qualified immunity to Defendants on the unreasonable detention claim. It would appear to the Court that it is now appropriate to enter final judgment. If the parties agree that final judgment should now be entered, Defendants are ORDERED to file a proposed final judgment no later than October 26, 2009. If any party believes that it is not appropriate to enter final judgment at this time, the parties are ORDERED to file a joint status report no later than October 26, 2009 indicating the issues that remain pending before the Court and a proposal for a schedule to resolve them, and to appear for a status conference on November 2, 2009 at 10:00 a.m. (bm) |
| Filing 133 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #113 , CCA # 06-55584. The decision of the district court is Reversed and Remanded. Mandate received in this district on 9/30/2009. (dmap) |
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Filing 132
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #113 filed by Ruben Gonzalez, Max Rede, James Canales, Alex Ronquillo, William Lantz, CCA # 06-55584. The Petition for Rehearing and Petition for Rehearing En Banc Are DENIED. (cbr)
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| Filing 131 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: cannot be added as counsel to Notice of Change of Attorney Information (G-06) #130 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh) |
| Filing 130 NOTICE of Change of Attorney Information for attorney L Trevor Grimm counsel for Defendant Wesley Woo. Adding L. TREVOR GRIMM as attorney as counsel of record for WESLEY WOO for the reason indicated in the G-06 Notice. Filed by DEFENDANT WESLEY WOO (Grimm, L) |
| Filing 129 RECORD ON APPEAL sent to Circuit Court re: Appeal number, 06-55584; Record consists of 1 through 5 volumes; re Appeal to Circuit Court, #113 (lr, ) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals; re: Appeal to Circuit Court, #113 (lr, ) |
| Filing 128 MINUTES (IN CHAMBERS) by Judge Audrey B. Collins: On 4/17/2006, Defendants filed an interlocutory appeal of this Court's order dneying qualified immunity. Thus, this Court has been divested of jurisdiction in this matter. Accordingly, the Final Pre-Trial Conference currently scheduled for 10/3/2006 as well as the 10/10/2006 trial date are vacated. The parties are to notify the Court within ten days of the Ninth Circuit's resolution of the Defendants' appeal. Court Reporter: Not Present. (gk, ) |
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Filing 127
ORDER from 9th CCA filed as to Appeal to Circuit Court, #113 filed by Ruben Gonzalez, James Canales, William Lantz, Max Rede, Alex Ronquillo, CCA # 06-55584. Order received in this district on 08/31/06. Appellants motion for an extension of time to file opening brief is granted. Opening brief is due 09/27/06. Brief schedule set. (cbr, )
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| Filing 126 NOTICE of Change of Address by Patrick L Hurley attorney for Defendant Wesley Woo, changing address to Manning & Marder Kass Ellrod Ramirez 801 South Figueroa Street, 14th Floor, Los Angeles, CA 90017. Filed by defendant Wesley Woo (ak, ) Modified on 8/18/2006 (ak, ). Change of address effective 8/28/06. |
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Filing 125
ORDER from 9th CCA filed as to Appeal to Circuit Court, #113 filed by Ruben Gonzalez,, James Canales,, William Lantz,, Max Rede,, Alex Ronquillo,, CCA # 06-55584. Order received in this district on 8/2/06. Appellants' unopposed motion for a 33 day extension of time to file the opening brief is granted. The opening brief is due 9/5/06; answering brief is due 10/5/06; optional reply brief is due 14 days after service of the answering brief. (dmap, )
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| Filing 124 MINUTES (IN CHAMBERS) by Judge Audrey B. Collins: The Court denies Plaintiffs' Motion for Sanctions 121 . Court Reporter: Not Present. (gk, ) |
| Filing 123 OPPOSITION to Plaintiffs' Motion for Sanctions 121 filed by City Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, James Canales, Mike Arai, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo and Joe Vasquez. (gk, ) |
| Filing 121 NOTICE OF MOTION AND MOTION to Impose Rule 11 and Section 1927 Sanctions on Defense Counsel filed by plaintiffs E Sanchez, R Sanchez, C Rodriguez, S Figueroa. Motion set for hearing on 6/12/2006 at 10:00 AM before Judge Audrey B. Collins. (pcl, ) |
| Filing 122 STATUS REPORT RE: STAY filed by Defendants Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo, James Canales. (mg, ) |
| Filing 119 STATUS REPORT filed by Defendant Wesley Woo regarding stay of case pending appeal. (yc, ) |
| Filing 120 RESPONSE filed by Plaintiffs to Court's 5/10/2006 Order #118 . (gk, ) |
| Filing 118 MINUTES (IN CHAMBERS) by Judge Audrey B. Collins: On 4/17/2006, Defendants Wesley Woo, Ruben Gonzales, William Lantz, Max Rede, Alex Ronquillo and James Canales filed a Notice of Interlocutory Appeal of this Court's denial of qualified immunity. Accordingly, the Court Orders the parties to file a status report indicating whether they are requesting that this Court stay the remainder of this case, pending the outcome of the above appeal, Set Deadlines: Status Report due by 5/22/2006. Court Reporter: Not Present. (gk, ) |
| Filing 117 CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court #113 filed by Ruben Gonzalez, James Canales, William Lantz, Max Rede, Alex Ronquillo; Court of Appeals Case Number: 06-55484 (cbr, ) |
| Filing 116 NOTICE OF ERRATA filed by Defendants Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo, James Canales. correcting Appeal to Circuit Court #113 (cbr, ) |
| Filing 115 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: None requested; Court of Appeals Case Number: 06-55584; Re: Appeal to Circuit Court #113 (cbr, ) |
| Filing 114 NOTIFICATION by Circuit Court of Appellate Docket Number 06-55584, 9th CCA regarding Appeal to Circuit Court, #113 filed by Ruben Gonzalez,, James Canales,, William Lantz,, Max Rede,, Alex Ronquillo,. (dmap, ) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, #113 . (ghap, ) |
| Filing 113 NOTICE OF INTERLOCUTORY APPEAL to 9th CCA filed by defendants Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo, James Canales. Appeal of Order #107 Filed On: 3/14/06; Entered On: 3/16/06; Filing fee $455, Paid receipt number 84369. cc: Blithe S. Bock; Yagman and Yagman and Reichman; Manning and Marder, Kass, Elrod, Ramirez. (ghap, ) |
| Filing 112 MINUTES OF Scheduling Conference held before Judge Audrey B. Collins: The Court sets the following dates: Final Pretrial Conference set for 10/3/2006 04:30 PM before Judge Audrey B. Collins with a back uyp Final PRe Trial COnference on February 26, 2007 at 10:00 a.m.. Jury Trial set for 10/10/2006 08:30 AM before Judge Audrey B. Collins with a back up Jury Trial date of March 6, 2007 at 8:30 a.m., est 4 days. Counsel are reminded of the requriements of Local Rule 16-14. Counsel shall submit their notice of settlement selection within 10 days.Court Reporter: Katherine Stride. (shb, ) |
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Filing 108
CIVIL JURY TRIAL ORDER by Judge Audrey B. Collins: The above matter is set for trial before the Honorable Audrey B Collins, COurtroom 680, Roybal Federal Building, 255 East Temple Street, Los Angeles, CA 90012. Final Pretrial Conference set for 10/3/2006 04:30 PM before Judge Audrey B. Collins with back up pretrial conference date of 2/26/2007 at 10:00 a.m.. Jury Trial set for 10/10/2006 08:30 AM before Judge Audrey B. Collins with a back up trial date of 3/6/07 at 8:30 a.m..(shb, )
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| Filing 111 Report of Suggested Trial Dates filed by Defendants LAPD Sgt. James Canales, Ruben Gonzalez, William Lantz, Max Rede, and Alex Ronquillo,(pcl, ) |
| Filing 110 City and County defendants' Joint Report of Suggested Trial Dates filed by Defendants Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo, James Canales. (shb, ) |
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Filing 109
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Audrey B. Collins ORDERING Joint Report of suggested trial dates submitted by Defendants Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo, James Canales received on Defendants to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(shb, )
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| PLACED IN FILE - NOT USED re Statement of Controverted Facts--Motions for Summary Judgment of City of Los Angeles Defendants submitted by Plaintiffs E. Sanchez, R. Sanchez, C. Rodriguez, S. Figueroa. (gk, ) |
| PLACED IN FILE - NOT USED re Statement of Controverted Facts--Motions for Summary Judgment of County of Los Angeles Defendants submitted by Plaintiffs E. Sanchez, R. Sanchez, C. Rodriguez, S. Figueroa. (gk, ) |
| PLACED IN FILE - NOT USED re Defendants' Proposed Statement of Uncontroverted Facts and Conclusions of Law in Support of Defendants Motion for Summary Judgment or Adjudication of Civil RICO Claims submitted by City Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, James Canales, Mike Arai, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo and Joe Vasquez. (gk, ) |
| PLACED IN FILE - NOT USED re Proposed Order Granting Defendants' Motion for Partial Summary Judgment submitted by Defendants Paul Higa, Richard Schumsky and Wesley Woo. (gk, ) |
| PLACED IN FILE - NOT USED re Proposed Order Granting Defendants' Motion for Summary Judgment submitted by Defendants Paul Higa, Richard Schumsky and Wesley Woo. (gk, ) |
| PLACED IN FILE - NOT USED re Proposed Judgment submitted by Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, James Canales, Mike Arai, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo and Joe Vasquez. (gk, ) |
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Filing 107
ORDER Granting in part and denying in part defendants' motions for summary judgmentand denying plaintiffs' motion for sanctions. The court therefore DISMISSES the following defendants from all claims: William J Bratton; Rick J Caruso; David S Cunningham, III; Eric Garcetti; Daryl F Gates; Wendy Greuel; James K Hahn; Janice Hahn; Paul Higa; Tom LaBonge; Martin Ludlow; Cindy Miscikowski; Rose Ochi; Alex Padilla; Bernard C Parks; Jan Perry; Ed Reyes; Silvia Saucedo; Richard Schumsky; Alan J Skobin; Greig Smith; Joe Vaszuez; Jack Weiss; Willie L Williams; Dennis P Zine; Corina Alarcon and Mike Arai. The court also SETS a scheduling conference for 4/10/06 at 10:00 a.m., to reset the pretrial conference and jury trial dates. The parties are ORDERED to submit their joint report no later than 4/3/06. Judge Audrey B. Collins.(bp, )
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| Filing 106 SUPPLEMENTAL MEMORANDUM in Opposition to Defendants' Summary Judgment Motion 76 Pursuant to 1/9/2006 minute order filed by Plaintiffs E. Sanchez, R. Sanchez, C. Rodriguez, S. Figueroa. (gk, ) |
| Filing 104 SUPPLEMENTAL MEMORANDUM of points and authorities on Motley case in support of their motion for Summary Judgment or Adjudication 67 filed by defendants William J Bratton, Willie L Williams, Daryl F Gates, Silvia Saucedo, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, James K Hahn, Ruth Galanter, Cindy Miscikowski, Eric Garcetti, Mike Arai, Ed Reyes, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo, Joe Vaszuez, Wendy Greuel, Dennis P Zine, Tom LaBonge, Jack Weiss, Alex Padilla, Bernard C Parks, Jan Perry, Martin Ludlow, Greig Smith, Janice Hahn, James Canales, Fifteen Unknown Named LAPD Officers, Paul Higa, Richard Schumsky, Wesley Woo, Fifteen Unknown Named Los Angeles County Probation Dept Officers and/or employees. (yc, ) |
| Filing 105 SUPPLEMENTAL BRIEF re Motion for Summary Judgment 62 filed by Defendants Paul Higa, Richard Schumsky and Wesley Woo. (gk, ) |
| Filing 103 NOTICE of joinder in probate defendants' notice of new relevant case law filed by defendants' William J Bratton. (bp, ) |
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Filing 101
MINUTES (IN CHAMBERS) ORDER Re: Additional Briefing on Motley v. Parks for Defendants' Summary Judgment Motions by Judge Audrey B. Collins: On 1/5/2006, The County Defendants filed a Notice of New Case Law, bringing to the Court's attention the recently-decided case of Motley v. Parks, No. 02-56648 2005 U.S. App. LEXIS 29008, at *1 (9th Cir. Dec. 30, 2005). Upon review of Motley, the Court agrees that this case is relevant to Defendants' Motions for Summary Judgment 76 , 62 , 67 , currently under submission before this Court, and accordingly grants Defendants' request for additional limited briefing on this topic. All parties are hereby invited to submit supplemental briefing, addressing only the relevance of Motley to the pending summary judgment motions, by no later than 1/25/2006. Thereafter, the Court will again take the motions under submission. Court Reporter: Not Present. (gk, )
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| Filing 102 NOTICE of New Case Law Relevant to Motion for Summary Judgment 62 filed by Defendants Paul Higa, Richard Schumsky and Wesley Woo. (gk, ) |
| Filing 100 RESPONSE to Plaintiffs' Statement of Controverted Facts in Opposition to Defendants' Motion for Summary Judgment or Adjudication 67 filed by Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, James Canales, Mike Arai, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo and Joe Vaszuez; declarations of James G. Canales, Michael K. Arai, and Craig J. Miller. (gk, ) |
| Filing 99 MEMORANDA of Points and Authorities and Evidentiary Objections in Reply to Plaintiffs' Opposition to Motion for Summary Judgment or Adjudication 67 filed by Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, James Canales, Mike Arai, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo and Joe Vaszuez. (gk, ) |
| Filing 98 REQUEST FOR JUDICIAL NOTICE re Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment 62 filed by Defendants Paul Higa, Richard Schumsky and Wesley Woo. (gk, ) |
| Filing 97 OBJECTIONS to Declarations of Carmen Rodriguez, Eva Sanchez and Ruben Sanchez re Motion for Summary Judgment, or in the alternative, Partial Summary Judgment 62 filed by Defendants Paul Higa, Richard Schumsky and Wesley Woo. (gk, ) |
| Filing 96 RESPONSE to Plaintiffs' Statement of Genuine Issues of Material Fact re Motion for Summary Judgment,or in the Alternative, Partial Summary Judgment 62 filed by Defendants Paul Higa, Richard Schumsky and Wesley Woo. (gk, ) |
| Filing 95 RESPONSE to Plaintiffs' Statement of Controverted Facts re Motion for Summary Judgment, or, in the Alternative, Partial Summary Judgment 62 filed by Defendants Paul Higa, Richard Schumsky and Wesley Woo. (gk, ) |
| Filing 94 REPLY to Plaintiffs' Opposition to Defendants' Notice of Motion and Motion for Summary Judgment, or, in the Alternative, Partial Summary Judgment 62 filed by Defendants Paul Higa, Richard Schumsky and Wesley Woo; memorandum of points and authorities; declaration of Steven D. Blades and attached exhibits. (gk, ) |
| Filing 93 REPLY to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment 76 filed by Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, James Canales, Mike Arai Ruben Gonzales, William Lantz, Max Rede, Alex Ronquillo, and Joe Vasquez; memorandum of points and authorities; declaration of Wendy Shapero. (gk, ) |
| Filing 92 OBJECTIONS to Plaintiffs' Statement of Genuine Issues of Material Fact 88 filed by Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, James Canales, Mike Arai Ruben Gonzales, William Lantz, Max Rede, Alex Ronquillo, and Joe Vasquez. (gk, ) |
| PLACED IN FILE - NOT USED re Proposed Order on Plaintiffs' Ex Parte Application to Continue Hearing Date on 1/9/2006 Summary Judgment Motions and Plaintiffs' Sanctions Motion submitted by Plaintiffs E. Sanchez, R. Sanchez, C. Rodriguez, S. Figueroa. (gk, ) |
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Filing 90
ORDER by Judge Audrey B. Collins, granting Pltf's ex parte application to continue the hearing date for the two pending motions for Summary Judgment, currently set for Jan. 9, 2006. The parties shall meet and confer to either waive oral argument, or select a date in Feb. 2006 and clear such date with the deputy clerk.(da, )
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| Filing 91 EX PARTE APPLICATION to Continue Hearing Date on 1/9/2006 Summary Judgment Motions 76 and Plaintiffs' Sanctions Motion 81 filed by Plaintiffs E. Sanchez, R. Sanchez, C. Rodriguez, S. Figueroa. Lodged Proposed Order. (gk, ) |
| Filing 89 OPPOSITION to MOTION for Summary Judgment MOTION for Partial Summary Judgment MOTION for Partial Summary Judgment 76 , MOTION for Summary Judgment MOTION for Summary Adjudication MOTION for Summary Adjudication MOTION for Summary Adjudication 67 filed by plaintiffs, E Sanchez, R Sanchez, C Rodriguez, S Figueroa. (sv) |
| Filing 88 STATEMENT genuine issues of material fact filed by Plaintiffs E Sanchez, R Sanchez, C Rodriguez, S Figueroa. (sv) |
| Filing 87 OPPOSITION to defendants' summary judgment motion on RICO issue of economic harm 76 filed by plaintiffs, E Sanchez, R Sanchez, C Rodriguez, S Figueroa. (sv) |
| Filing 86 DECLARATIONS AND EXHIBITS SUBMITTED in opposition to MOTION for Summary Judgment MOTION for Partial Summary Judgment MOTION for Partial Summary Judgment 76 , MOTION for Summary Judgment MOTION for Summary Adjudication MOTION for Summary Adjudication MOTION for Summary Adjudication 67 filed by plaintiffs, E Sanchez, R Sanchez, C Rodriguez, S Figueroa. (sv) |
| Filing 85 OPPOSITION to MOTION for Summary Judgment MOTION for Partial Summary Judgment MOTION for Partial Summary Judgment 76 , MOTION for Summary Judgment MOTION for Summary Adjudication MOTION for Summary Adjudication MOTION for Summary Adjudication 67 filed by plaintiffs, E Sanchez, R Sanchez, C Rodriguez, S Figueroa. (sv) |
| Filing 84 REPLY on their MOTION to Impose Rule 11 Section 1927 and Inherent Powers Sanctions defense counsel Craig Miller and Rockard J. Delgadillo 81 filed by plaintiffs E Sanchez, R Sanchez, C Rodriguez, S Figueroa. (jp, ) |
| Filing 83 MINUTES (IN CHAMBERS) CONTINUANCE OF HEARING by Judge Audrey B. Collins: Resetting Hearing as to Plaintiffs' Motion to impose sanctions on Craig Miller and Rockard J. Delgadillo, counsel for the City Defendants noticed for 11/21/2005 81 ; Motion hearing continued to 1/9/2006 at 10:00 AM before Honorable Audrey B. Collins. The 11/21/2005 hearing date is therefore vacated. Court Reporter: Not Present. (gk, ) |
| Filing 82 OPPOSITION to Plaintiffs' Motion for Sanctions 81 and REQUEST for $1500 in Sanctions Against Plaintiffs' Counsel filed by City Defendants Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, James Canales, Mike Arai, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo and Joe Vaszuez; memorandum of points and authorities; declarations of Craig J. Miller and Bruce Monroe. (gk, ) |
| Filing 81 NOTICE OF MOTION AND MOTION to Impose Rule 11 Section 1927 and Inherent Powers Sanctions defense counsel Craig Miller and Rockard J. Delgadillo filed by plaintiffs E Sanchez, R Sanchez, C Rodriguez. Motion set for hearing on 11/21/2005 at 10:00 AM before Honorable Audrey B. Collins. (jp, ) |
| Filing 80 SUPERVISOR DEFENDANTS RESPONSE to 10/11/05 ORDER filed by Defendants Yvonne B Burke, Don Knabe, Gloria Molina, Zev Yaroslavskyto #73 (lc, ) |
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Filing 79
MINUTES (IN CHAMBERS) ORDER Re: Pending Motions for Summary Judgment by Judge Audrey B. Collins: Resetting Hearings and Deadlines as to Motions for Summary Judgment brought by the City and County Defendants 62 , 67 , 76 currently set for hearing on 12/5/2005; Plaintiffs' Oppositions to Motions due 11/21/2005; Defendants' Repies due 12/12/2005; Motions continued for hearing on 1/9/2006 at 10:00 AM before Honorable Audrey B. Collins.Court Reporter: Not Present. (gk, )
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| Filing 78 REPLY filed by Defendants to plaintiffs Response to Courts 9/30/05 Minute Order #71 (mg, ) |
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Filing 75
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Audrey B. Collins ORDERING Notice of motion and motion for summary; Statemet of uncontroverted facts; Request for judicial notice submitted by Defendants, received on 10/11/05, to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(mg, )
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| Filing 77 REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment 76 ; Memorandum of points and authorities; Declaration of Wendy Shapero; filed by defendants (mg, ) |
| Filing 76 NOTICE OF MOTION AND MOTION for Summary Judgment, or in the alternative, for Partial Summary Judgment of Rico Claims; Memorandum of points and authorities; Declarations of Wendy Shapero; filed by defendants. Motion set for hearing on 12/5/2005 at 10:00 AM before Honorable Audrey B. Collins. (mg, ) |
| Filing 74 REPLY filed by Defendants Paul Higa, Richard Schumsky, Wesley Woo to plaintiffs Response to 9/30/05 Order re Rico Issue #71 (mg, ) |
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Filing 73
MINUTES (IN CHAMBERS) ORDER RE: RICO CLAIMS by Judge Audrey B. Collins: Plaintiffs filed a Response 72 to the Court's minute order of 9/30/2005 #71 , stating that the RICO claims in this action had been dismissed. Plaintiffs further suggested that this Court now re-instate the RICO claims, allow the parties to conduct discovery on these claims, and take the pending summary judgment motions off calendar until the completion of such discovery. Prior to ruling on Plaintifs' requests, the Court finds it necessary to hear from all parties on this issue. Therefore, the Court hereby orders Defendants to file a reply to Plaintiffs' response no later than 10/21/2005. Court Reporter: Not Present. (gk, )
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| Filing 72 RESPONSE filed by Plaintiffs E. Sanchez, R. Sanchez, C. Rodriguez, S. Figueroa to Court's 9/30/2005 Minutes Order #71 . (gk, ) |
| PLACED IN FILE - NOT USED re Proposed Order on ex parte application for extension of time within which to file opposition to City of Los Angeles and County of Los Angeles defendants Motions for Summary Judgment. Lodged 9/27/2005. (jp, ) |
| Filing 71 MINUTES (IN CHAMBERS) by Judge Audrey B. Collins: The City Defendants filed a Summary Judgment Motion Regarding Rico CLaims on 9/23/2005 67 . Upon review of the motions filed by the parties, the Court finds that additional briefing is required. The Court hereby orders the City Defendants to file a supplemental motion addressing only the RICO claims by no later than 10/11/2005. The City Defendants should limit their memoranda of points and authorities on this issue to a maximum of seven pages, so that their entire summary judgment motion does not exceed 25 pages. Any excess will be stricken. Court Reporter: Not Present. (gk, ) |
| Filing 70 MINUTES (IN CHAMBERS) by Judge Audrey B. Collins: The Court grants Plaintiffs' Ex Parte Application for an Extension of Time in Which to File Their Oppositions to the Two Pending Motions for Summary Judgment filed by Defendants Higa, Schumsky and Woo and the City Defendants 68 . Resetting Hearing and Deadlines as to both Summary Judgment motions 62 , 67 ; Plaintiffs' Oppositions must be filed by 10/31/2005; Defendants' Replies must be filed by 11/14/2005; Motions continued for hearing on 12/5/2005 at 10:00 AM before Honorable Audrey B. Collins. Court vacates both the 11/7/2005 pre-trial date and the 11/29/2005 trial date. The dates will be reset at the 12/5/2005 hearing. Court Reporter: Not Present. (gk, ) |
| ***Terminated hearing dates for Pre-Trial and Trial. (gk, ) |
| Filing 69 NOTICE of Lodging Deposition Transcripts of Eva Sanchez and Ruben Sanchez filed by Defendants Paul Higa, Richard Schumsky and Wesley Woo. Lodged deposition. (gk, ) |
| Filing 68 EX PARTE APPLICATION for an Order Extending Time Within Which to File Plaintiffs' Oppositions to City of Los Angeles and County of Los Angeles Defendants' Separate Motions for Summary Judgment filed by Plaintiffs E. Sanchez, R. Sanchez, C. Rodriguez, S. Figueroa. Lodged Proposed Order. (gk, ) |
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Filing 66
MINUTES (IN CHAMBERS) ORDER Re: Deposition of Eva and Ruben Sanchez by Judge Audrey B. Collins: On 9/21/2005, Defendants submitted a portion of the Depositions of Eva and Ruben Sanchez in connection with their Motion for Summary Judgment 62 . Court finds that the entire depositions will be useful in ruling on the motion. Accordingly, Defendants are ordered to lodge the entire depositions of Eva Sanchez and Ruben Sanchez by no later than 10/3/2005. Court Reporter: Not Present. (gk, )
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| Filing 67 NOTICE OF MOTION AND MOTION for Summary Judgment, or in the Alternative, for Summary Adjudication of Claims or Issues filed by Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, James Canales, Mike Arai, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo and Joe Vaszuez; Motion set for hearing on 10/17/2005 at 10:00 AM before Honorable Audrey B. Collins; memorandum of points and authorities. Lodged Proposed Judgment and Statement of Uncontroverted Facts. (gk, ) |
| Filing 65 REQUEST FOR JUDICIAL NOTICE filed by City Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, James Canales, Mike Arai, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo and Joe Vaszuez. (gk, ) |
| Filing 64 NOTICE of Moreno-Figueroa-RICO Syndrome filed by Plaintiffs E. Sanchez, R. Sanchez, C. Rodriguez, S. Figueroa. (gk, ) |
| Filing 63 REQUEST FOR JUDICIAL NOTICE re Motion for Summary Judgment, or, in the Alternative, Partial Summary Judgment 62 filed by Defendants Paul Higa, Richard Schumsky and Wesley Woo. (gk, ) |
| Filing 62 NOTICE OF MOTION AND MOTION for Summary Judgment, or, inthe Alternative, Partial Summary Judgment filed by Defendants Paul Higa, Richard Schumsky and Wesley Woo; Motion set for hearing on 10/17/2005 at 10:00 AM before Honorable Audrey B. Collins; memorandum of points and authorities; declarations of Paul Higa, Richard Schumsky, and Wesley Woo, and Steven D. Blades and attached exhibits. Lodged Proposed Statement and Two Orders. (gk, ) |
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Filing 61
ORDER TO REASSIGN CASE Pursuant to Section 3.2.1 of General Order 224 by Judge S. James Otero. Case transferred to the calendar of Judge Audrey B. Collins for all further proceedings. Case number now reads as CV 04-9991 ABC (SSx).(rn, )
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Filing 60
STIPULATION AND ORDER by Judge S. James Otero for dismissal without prejudice of the action as to the Supervisor Defendants pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, with each party bearing their own costs; Yvonne Burke, Don Knabe, Gloria Molina, Zev Yaroslavsky and Michael Antonovich terminated.(gk, )
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| Filing 59 ANSWER of Defendant Joseph Vasquez to Plaintiff's First Amended Complaint, #42 Demand for Jury Trial filed by Defendant Joe Vaszuez.(shb, ) |
| Filing 58 Certification of Interested Parties filed by Defendants William J Bratton, Willie L Williams, Silvia Saucedo, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Mike Arai, Ed Reyes, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo, Joe Vaszuez, Wendy Greuel, Dennis P Zine, Jack Weiss, Alex Padilla, Bernard C Parks, Jan Perry, Greig Smith, James Canales. (shb, ) |
| Filing 57 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Mike Arai and Alex Ronquillo. (gk, ) |
| Filing 56 ANSWER to First Amended Complaint #42 with Jury Demand filed by Defendants Mike Arai and Alex Ronquillo, as public employees for the City of Los Angeles, and as individuals.(gk, ) |
| Filing 55 MINUTES by Judge S. James Otero: Plaintiff's Motion to Strike Affirmative Defenses from the Answer 50 , scheduled for hearing on 6/27/2005, is taken under submission. The hearing date is vacated. Order will issue. Court Reporter: Not Present. (gk, ) |
| Filing 54 MINUTES IN CHAMBERS before Judge S. James Otero: ORDER DENYING Plaintiffs MOTION to Strike Affirmative Defenses from the Answer 50 without prejudice. The Court took the hearing set for June 27, 2005 OFF CALENDAR. Having carefully considered all argument and admissible documentaion submitted, Plaintiff Motion is DENIED without prejudice to bring a similar motion at a later date following the parties compliance with Local Rule 7-3 (see document for further details.) Court Reporter: None present. (jp, ) |
| Filing 53 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Max Rede, William Lantz and Ruben Gonzales. (gk, ) |
| Filing 52 ANSWER to First Amended Complaint #42 with Jury Demand filed by Defendants Max Rede, William Lantz and Ruben Gonzales, as public employees for the City of Los Angeles, and as individual.(gk, ) |
| Filing 51 NOTICE OF OPPOSITION AND OPPOSITION to Plaintiff's Motion to Strike Affirmative Defenses 50 filed by Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, LAPD Sgt. James Canales. (gk, ) |
| Filing 50 NOTICE OF MOTION AND MOTION to Strike Affirmative Defenses from the Answer filed by Plaintiffs E. Sanchez, R. Sanchez, C. Rodriguez, S. Figueroa. Motion set for hearing on 6/27/2005 at 10:00 AM before Honorable S. James Otero. (gk, ) |
| Filing 49 Supervisor Defenants' ANSWER to First Amended Complaint, #42 filed by Defendants Michael Antonovich, Yvonne B Burke, Don Knabe, Gloria Molina, Zev Yaroslavsky.(shb, ) |
| Filing 48 Notice of Interested Parties filed by Defendants Michael Antonovich, Yvonne B Burke, Don Knabe, Gloria Molina, Zev Yaroslavsky. (shb, ) |
| Filing 47 ANSWER to First Amended Complaint #42 with Jury Demand filed by Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, LAPD Sgt. James Canales.(gk, ) |
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Filing 46
NOTICE OF DISCREPANCY AND ORDER: by Judge S. James Otero, ORDERING answer to complaint submitted by Defendant William J Bratton received on 5/13/05 is not to be filed but instead rejected. Denial based on: no certification of interested parties.(bp, )
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| Filing 45 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants William J. Bratton, Willie L. Williams, Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P. Zine, Jack S. Weiss, Tony Cardenas, Alex Padilla, Bernard C. Parks, Jan Perry, Greig Smith, LAPD Sgt. James Canales. (gk, ) |
| Issued 20-Day Summons re First Amended Complaint #42 . (gk, ) |
| Filing 44 WAIVER OF SERVICE OF SUMMONS Returned Executed filed by Defendant Willie L. Williams. Date waiver sent by Plaintiff not noted, waiver signed by counsel on 5/4/2005, answer due 6/3/2005. Waiver of Service signed by Craig Miller, Deputy City Attorney, attorney for Defendant Willie Williams. (gk, ) |
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Filing 43
ORDER DENYING IN PART And Granting in Part Supervisor Defendant's Motion to Dismiss Claims by Judge S. James Otero : granting in part and denying in part 26 Motion to Dismiss Case. For the foregoing reasons, the Motion to Dismiss is hereby DENIED with respect to Claim 1. Claims 2 and 3, the conspiracy claims premised on Section 1983 and 1985(3) are DISMISSED. Claims 6 and 7, the RICO Claims brought against the Supervisor Defendants, are DISMISSED on the grounds that Plaintiffs fail to allege: (1) an injury to their business or property; (2) pattern of racketeering activity; and (3) a RICO enterprise. Plaintiffs shall file an Amended Complaint ten days from the date of this Order. Plaintiffs may amend only the conspiracy claims, Claims 2 and 3, and the RICO claims against the supervisor defendants (see document for further details) (yl, )
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| Filing 42 FIRST AMENDED COMPLAINT against Defendants Mike Arai, Ruben Gonzalez, William Lantz, Max Rede, Alex Ronquillo, Joe Vaszuez, William J Bratton, Willie L Williams, Daryl F Gates, Silvia Saucedo, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, James K Hahn, Ruth Galanter, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P Zine, Tom LaBonge, Jack Weiss, Tony Cardenas, Alex Padilla, Bernard C Parks, Jan Perry, Martin Ludlow, Greig Smith, Janice Hahn, James Canales, Fifteen Unknown Named LAPD Officers, Michael Antonovich, Yvonne B Burke, Don Knabe, Gloria Molina, Zev Yaroslavsky, Paul Higa, Richard Schumsky, Wesley Woo, Fifteen Unknown Named Los Angeles County Probation Dept Officers and/or employees; Party Tony Cardenas terminated amending Complaint - (Discovery), 1 ,filed by Plaintiff E Sanchez, R Sanchez, and S Figueroa (yl, ) |
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Filing 41
MINUTES OF IN CHAMBERS ORDER by Judge S. James Otero : (Motion to Amend Complaint to Set Forth the True Names of Some Fictitiously Named Defendants) Pursuant to LR 7-12, the Court deems the Supervisor Defendants' failure to file a response to the instant motion as consent to the granting of the motion. Mindful of Rule 15 of the Federal Rules of Civil Procedures' policy of permitting amendments with extreme liberality, the Court hereby GRANTS the motion. The First Amended Complaint, lodged on 4/4/2005, shall be deemed filed as of the date of this Order. The Answer filed by Defendants Paul Higa, Richard Schumsky, Wesley Woo shall be deemed as sufficient Answer with respect to thse individuals. (See document for further details) IT IS SO ORDERED. (yl, )
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| Filing 40 MINUTES by Judge S. James Otero: Plaintiff's Motion to Amend Complaint to Set Forth the True Names of Some Fictitiously-Name Defendants 37 , scheduled for hearing on 4/25/2005, is taken under submission. Accordingly, the hearing date is vacated. Order will issue. Court Reporter: Not Present. (gk, ) |
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Filing 39
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND by Judge S. James Otero: Court grants Defendants Silvia Saucedo, David S. Cunningham III, Alan J. Sckobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, and Sgt. James Canales' Motion to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) of the F.R.Civ.P. 11 (Defendant William J. Bratton filed a Joinder to Defendants' Motion 19 ) and dismisses Claims 4 and 5 of Plaintiffs Complaint with leave to amend. Court also grants Plaintiffs leave to amend Claims 6 and 7. Failure to cure the defects ruled on by the Court may result in the dismissal of all RICO claims with prejudice. Plaintiffs shall file an Amended Complaint 15 days from the date of this Order. Plaintiffs may amend only their RICO claims. Defendants shall have 15 days thereafter to file a response to any amended RICO claim. (gk, )
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| Filing 38 NON-OPPOSITION to Plaintiffs' Motion to Amend Complaint to Set Forth The True Names of Some Fictitiously-Name Defendants 37 filed by City of Los Angeles Defendants Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, LAPD Sgt. James Canales, William J. Bratton, Ed P. Reyes, Dennis P. Zine, Jack Weiss, Bernard C. Parks, Jan Perry, Cindy Miscikowski, Greig Smith, Eric Garcetti, Wendy Greuel, and Tony Cardenas. (gk, ) |
| Filing 37 NOTICE OF MOTION AND MOTION to Amend Complaint 1 to Set Forth The True Names of Some Fictitiously-Name Defendants filed by Plaintiffs E Sanchez, R Sanchez, C Rodriguez, S Figueroa. Motion set for hearing on 4/25/2005 at 10:00 AM before Honorable S. James Otero. Lodged First Amended Complaint. (gk, ) |
| Filing 36 STIPULATION REGARDING JOINDER of Defendant in MOTION to Dismiss RICO Allegations 11 filed by Defendants William J Bratton, Silvia Saucedo, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Tony Cardenas and James Canales. (yl, ) |
| Filing 35 WAIVER OF SERVICE OF SUMMONS Returned Executed served upon Defendant Tony Cardenas. Waiver sent by Plaintiff on 2/1/2005, answer due 4/2/2005. Waiver of Service signed by Craig Miller, Deputy City Attorney, Attorney for Defendant Tony Cardenas, on 3/9/2005. (gk, ) |
| Filing 34 WAIVER OF SERVICE OF SUMMONS Returned Executed filed by Defendant Wendy Greuel. Waiver sent by Plaintiff on 2/1/2005, answer due 4/2/2005. Waiver of Service signed by Craig Miller, Deputy City Attorney, Attorney for Defendant Wendy Greuel, on 3/9/2005. (gk, ) |
| Filing 33 WAIVER OF SERVICE OF SUMMONS Returned Executed filed by Defendants Dennis P. Zine, Jack Weiss, Bernard C. Parks, Jan Perry, Cindy Miscikowski, Greig Smith, Eric Garcetti, and Ed P. Reyes. Waiver sent by Plaintiff on 2/1/2005, answer due 4/2/2005. Waiver of Service signed on 3/2/2005 by Craig Miller, Deputy City Attorney, attorney for defendants. (gk, ) Modified on 3/4/2005 (gk, ). |
| Filing 32 NOTIFICATION that Page Two of Order Re Transfer Pursuant to General Order 224 (Related Case) Makes No Sense filed by Plaintiffs. (gk, ) |
| Filing 31 REPLY in Support of Motion to Dismiss 26 filed by Supervisor Defendants Michael Antonovich, Yvonne Burke, Donald Knabe, Gloria Molina, and Zev Yaroslavsky. (gk, ) |
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Filing 30
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. Transfer of case declined by Judge Margaret M. Morrow, for the reasons set forth on this order. Related Case No. CV 00-1472 MMM (SHx)(rn, )
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| Filing 28 OPPOSITION to MOTION to Dismiss Case 26 filed by plaintiffs E Sanchez, C Rodriguez. (yc, ) |
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Filing 27
MINUTES OF IN CHAMBERS ORDER by Judge S. James Otero: Defendnts Michael Antonvich, Yvonne Burke, Donald Knabe, Gloria Molina and Zev Yaroslavky's Motion to Dismiss 26 , scheduled for hearing on 2/28/2005, is taken under submission. The hearing date is vacated. Order will issue. Court Reporter: Not Present. (gk, )
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Filing 25
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge S. James Otero, ORDERING Motion to Dismiss submitted by Supervisor Defendants Michael Antonovich, Yvonne Burke, Don Knabe, Gloria Molina, Zev Yaroslavsky received on 2/7/2005 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(gk, )
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| Filing 24 Notice of Interested Parties filed by Supervisor Defendants Michael Antonovich, Yvonne Burke, Don Knabe, Gloria Molina, and Zev Yaroslavsky. (gk, ) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss filed by Supervisor Defendants Michael Antonovich, Yvonne Burke, Don Knabe, Gloria Molina, and Zev Yaroslavsky; Motion set for hearing on 2/28/2005 at 10:00 AM before Honorable S. James Otero; declaration of Andrew Baum in support thereof. (gk, ) |
| Filing 29 MINUTES OF Scheduling Conference held before Judge S. James Otero: Set Deadlines/Hearings: Last Date to Amend or Add Parties due by 4/4/2005. Discovery cut-off 8/29/2005. Motions due by 9/26/2005. Motion Hearing Cutoff 10/17/2005 at 10:00 AM. Final Pretrial Conference set for 11/14/2005 09:00 AM before Honorable S. James Otero. Jury Trial set for 11/29/2005 09:00 AM before Honorable S. James Otero. Settlement Conference referred to Magistrate Judge McMahon. Pretrial documents must be filed on or before the Final Pretrial Confererence. Court Reporter: Maria Bustillos. (gk, ) |
| PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 00-1472 MMM (SHx). (rn, ) |
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Filing 23
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge James W. McMahon. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 224, Section 3.3. Case randomly reassigned from Judge James W. McMahon to Judge Suzanne H. Segal for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 04-9991 SJO (SSx).(rn, )
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Filing 22
MINUTES OF IN CHAMBERS ORDER by Judge S. James Otero: Defendants Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, and LAPD Sgt. James Canales' Motion to Dismiss Portions of Complaint 11 , scheduled for hearing on 1/31/2005 (and Joinder 19 ) is taken under submission. The hearing date is vacated. Order will issue. Court Reporter: Not Present. (gk, )
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| Filing 21 REPLY to Plaintiffs' Opposition to Motion to Dismiss 11 filed by defendants Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick Caruso, Rose Ochi, Corina Alarcon, LAPD Sgt. James Canales and William J. Bratton. (gk, ) |
| Filing 20 OPPOSITION to Certain Defendants' Motion to Dismiss Plaintiffs' Rico Claims 11 , 19 filed by plaintiffs E. Sanchez, R. Sanchez, C. Rodriguez, S. Figueroa. (gk, ) |
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Filing 17
MINUTES OF IN CHAMBERS ORDER by Judge S. James Otero: Court continues the scheduling conference; Reset Hearings: Scheduling Conference reset 2/4/2005 at 8:30 AM. Court Reporter: Not Present. (gk, )
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| Filing 19 JOINDER to Defendants Silvia Saucedo, David S. Cunningham, III, Alan J. Skobin, Rick J. Caruso, Rose Ochi, Corina Alarcon, and LAPD Sgt. James Canales' NOTICE OF MOTION AND MOTION to Dismiss Portions of Complaint for Failure to State a Claim Upon Which Relief Can be Granted 11 filed by defendant William J. Bratton. Motion set for hearing on 1/31/2005 at 10:00 AM before Honorable S. James Otero. (gk, ) |
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Filing 18
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge S. James Otero, ORDERING Joinder to Defendants' Notice of Motion and Motion to Dismiss submitted by Defendant William J. Bratton received on 1/18/2005 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(gk, )
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| Filing 16 JOINT Rule 26(f) Report filed; estimated length of trial City Defendant estimates 2-3 days on the underlying case, RICO allegations an additional 3 days; Plaintiff 5 days; County Defendants 3-4 day, which would be significantly longer if the Monell or RICO claims are not bifurcated. (gk, ) |
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Filing 15
STIPULATION AND ORDER by Judge S. James Otero that the Request for Entry of Default and Default by Clerk of defendant William J. Bratton (CV-37) entered on 1/5/2005 #12 may and shall be set aside. (gk, )
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| Filing 14 CERTIFICATION of Interested Parties filed by Defendants William J Bratton, Silvia Saucedo, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, James Canales. (mch, ) |
| Filing 13 NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default against defendants William J Bratton, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, James Canales, Paul Higa, Richard Schumsky, Wesley Woo 8 . The Clerk cannot enter the requested relief as Answers were filed by Paul Higa, Richard Schumsky and Wesley Woo on 1/3/05 at 10:59 am (doc #10). Notice of Motion and Motion to Dismiss Complaint filed by defendants Silva Saucedo, David S Cunningham, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, and LAPD Sgt James Canales on 1/3/05 at 2:44 pm (doc #11). Note: The Request for Entry of Default against the above defendants was filed on 1/3/05 at 1:51 pm. REQUEST FOR ENTRY OF DEFAULT FORWARDED TO THE ASSIGNED JUDGE FOR FURTHER CONSIDERATION. (nhac, ) |
| Filing 12 DEFAULT BY CLERK ENTERED as to Defendant William J Bratton. (nhac, ) ** DEFAULT SET ASIDE PURSUANT TO STIPULATION AND ORDER FILED 1/19/2005 #15 ** Modified on 1/20/2005 (gk, ). |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Portions of Complaint filed by defendants Silvia Saucedo, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, James Canales. Motion set for hearing on 1/31/2005 at 10:00 AM before Honorable S. James Otero. (nhac, ) |
| Filing 10 ANSWER to Complaint 1 with JURY DEMAND filed by defendants Paul Higa, Richard Schumsky, Wesley Woo.(nhac, ) |
| Filing 9 NOTICE of Interested Parties filed by Defendants Paul Higa, Richard Schumsky, Wesley Woo. (nhac, ) |
| Filing 8 REQUEST for Entry of Defaults against defendants William J Bratton, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, James Canales, Paul Higa, Richard Schumsky, Wesley Woo filed by plaintiffs. (nhac, ) |
| Filing 7 MINUTES (IN CHAMBERS): Counsel are hereby notified that a Scheduling Conference has been set for 1/31/05 at 8:30 am. before Judge S. James Otero in Courtroom 1600...Counsel are directed to comply with Rule 26(f) FRCP in a timely fashion and to file a Joint Rule 26(f) Report on or before 1/18/05. In order to assist the parties in setting of dates for the Scheduling Conference, the Court has included a schedule of form for pretrial dates. The schedule should be completed by counsel and submitted in conjunction with their Rule 26(f) report. See documents for further details. Court Reporter: Not Present. (nhac, ) |
| Filing 6 CERTIFICATION of Interested Parties filed by Defendants Silvia Saucedo, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, James Canales. (nhac, ) |
| Filing 5 FILING OF ORIGINAL Summons on Complaint returned. (nhac, ) |
| Filing 4 PROOFS OF SERVICE Executed by plaintiffs upon defendants Paul Higa and Richard Schumsky served on 12/10/2004, answer due 12/30/2004. The Summons and Complaint were personally to Manuel, Probation DEA by Federal statute. Original Summons not returned. (nhac, ) |
| PROOFS OF SERVICE Executed by plaintiffs upon defendants David S Cunningham, Alan Skobin, Rick Caruso, Rose Ochi, Corina Alarcon served on 12/10/2004, answers due 12/30/2004. The Summons and Complaint were personally served to Officer Burgese (ID #16671) by Federal statute. Original Summons not returned. (nhac, ) |
| PROOFS OF SERVICE Executed by plaintiffs upon defendant William Bratton served on 12/10/2004, answers due 12/30/2004. The Summons and Complaint were personally served to Officer Burgese (ID #16671) by Federal statute. Original Summons not returned.(nhac, ) |
| PROOFS OF SERVICE Executed by plaintiffs upon defendant Sgt. James Canales served on 12/10/2004, answers due 12/30/2004. The Summons and Complaint were personally served to Officer Lin (ID #18756) by Federal statute. Original Summons not returned.(nhac, ) |
| PROOFS OF SERVICE Executed by plaintiffs upon defendant Wesley Woo served on 12/10/2004, answers due 12/30/2004. The Summons and Complaint were personally served to authorized agent, J. Hernandez, Security by Federal statute. Original Summons not returned.(nhac, ) |
| Filing 2 INITIAL STANDING ORDER for cases assigned to Judge S. James Otero. Read this Order carefully. It controls this case and differs in some respects from the Local Rules. See documents for further details.(nhac, ) |
| Filing 3 NOTICE of Related Case(s) filed by Plaintiffs E Sanchez, R Sanchez, C Rodriguez, S Figueroa. Related Case(s): CV 00-1472 MMM (rn, ) |
| Filing 1 COMPLAINT against defendants William J Bratton, Willie L Williams, Daryl F Gates, Silvia Saucedo, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, James K Hahn, Ruth Galanter, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P Zine, Tom LaBonge, Jack Weiss, Tony Cardenas, Alex Padilla, Bernard C Parks, Jan Perry, Martin Ludlow, Greig Smith, Janice Hahn, James Canales, Fifteen Unknown Named LAPD Officers, Michael Antonovich, Yvonne B Burke, Don Knabe, Gloria Molina, Zev Yaroslavsky, Paul Higa, Richard Schumsky, Wesley Woo, Fifteen Unknown Named Los Angeles County Probation Dept Officers and/or employees.(Filing fee $ 150.) , filed by plaintiffs E Sanchez, James Canales, R Sanchez, C Rodriguez, S Figueroa.(rrey, ) |
| 20 Day Summons Issued re Complaint - (Discovery) 1 as to William J Bratton, Willie L Williams, Daryl F Gates, Silvia Saucedo, David S Cunningham, III, Alan J Skobin, Rick J Caruso, Rose Ochi, Corina Alarcon, James K Hahn, Ruth Galanter, Cindy Miscikowski, Eric Garcetti, Ed Reyes, Wendy Greuel, Dennis P Zine, Tom LaBonge, Jack Weiss, Tony Cardenas, Alex Padilla, Bernard C Parks, Jan Perry, Martin Ludlow, Greig Smith, Janice Hahn, James Canales, Fifteen Unknown Named LAPD Officers, Michael Antonovich, Yvonne B Burke, Don Knabe, Gloria Molina, Zev Yaroslavsky, Paul Higa, Richard Schumsky, Wesley Woo, Fifteen Unknown Named Los Angeles County Probation Dept Officers and/or employees. (rrey, ) |
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