Richard J. Glair v. City of Los Angeles et al
Plaintiff: Richard J. Glair
Defendant: John Incontro, Thom Peters, Cory Brente, Robert McCarty, John Doe Supervisors, Charles Beck, Gerardo Pantoja, Sgt D Raneoupia, Johnathan Pultz, City of Los Angeles, Ron Lee, Detective Fernandez, Incontro, John A, John Does, Elizabeth Greenwood, Los Angeles Police Department, Det Robert (Gerald) McCarthy, Police Commissioner, Kelly Sandell, Sgt. D Randolph and Robert Lopez
Case Number: 2:2013cv08946
Filed: December 4, 2013
Court: US District Court for the Central District of California
Presiding Judge: Jay C Gandhi
Referring Judge: Dean D Pregerson
2 Judge: Alicia G Rosenberg
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 27, 2020 Opinion or Order Filing 223 NOTICE OF FILING TRANSCRIPT filed for proceedings 9/12/2019 9:58 A.M. re Transcript #222 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lca) TEXT ONLY ENTRY
January 27, 2020 Opinion or Order Filing 222 TRANSCRIPT for proceedings held on 9/12/2019 9:58 A.M.. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/18/2020. Redacted Transcript Deadline set for 2/27/2020. Release of Transcript Restriction set for 4/27/2020. (lca)
December 30, 2019 Opinion or Order Filing 221 MINUTES (IN CHAMBERS): PLAINTIFF'S REQUEST FOR EXTENSION OF TIME by Magistrate Judge Alicia G. Rosenberg. Plaintiff's request (Dkt. No. #220 ) is GRANTED. The deadline for filing objections is February 11, 2020. (hr)
December 23, 2019 Opinion or Order Filing 220 REQUEST for Extension of Time to File Objection to Report and Recommendation (Issued) #217 filed by Plaintiff Richard J. Glair. (hr)
December 23, 2019 Opinion or Order Filing 219 TRANSCRIPT ORDER for Court Smart (CS). Hrng Date: 9-12-19. Transcript preparation will not begin until payment has been satisfied with the transcription company. (ha)
December 4, 2019 Opinion or Order Filing 218 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Alicia G. Rosenberg. Objections to R&R due by 12/27/2019. (See Attachment for Further Details) (Attachments: #1 Report and Recommendation) (kl)
December 4, 2019 Opinion or Order Filing 217 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE issued by Magistrate Judge Alicia G. Rosenberg. For the reasons discussed above, it is recommended that the district court issue an order: (1) accepting this Report's findings and recommendations; (2) granting Defendants' motion for summary judgment in favor of the City of Los Angeles, Beck, Incontro, McCarty and Does 5 and 6 on Claims 9, 10, and the portion of Claim 6 based on failure to train regarding consent #193 , #194 ; and (3) denying Defendants' motion for summary judgment on the portion of Claim 6 based on failure to train regarding pointing guns at non- suspects. (See Attachment for Further Details) (kl)
September 23, 2019 Opinion or Order Filing 216 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Richard J. Glair. (hr)
September 23, 2019 Opinion or Order Filing 215 REPLY TO DEFENDANTS' SUPPLEMENTAL FILING #214 filed by Plaintiff Richard J. Glair (hr)
September 13, 2019 Opinion or Order Filing 214 DECLARATION of Matthew W. McAleer IN SUPPORT OF Corrected NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the Claims for Relief and Defendants in the Third Amended Complaint #194 filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. (Attachments: #1 Exhibit G)(McAleer, Matthew)
September 12, 2019 Opinion or Order Filing 213 MINUTES OF DEFENDANTS' NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT #193 , #194 held before Magistrate Judge Alicia G. Rosenberg. The court ordered as follows: 1. On or before September 13, 2019, Defendants shall file a Supplemental Declaration that attaches section II of the California Peace Officers Legal Sourcebook. (See Exh. A at 19 to Lozano Decl.) 2. On or before September 23, 2019, Plaintiff may file an optional response limited to Defendants' filing on September 13, 2019. 3. Unless otherwise ordered, the court will take the Defendants' motion under submission after September 23, 2019. (see document for further details) Court Recorder: CS 09/12/2019. (hr)
September 3, 2019 Opinion or Order Filing 212 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the Court's own motion, the hearing on DEFENDANTS' NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES (Dkts. #193 , #194 , & #198 ) previously scheduled for Thursday, September 5, 2019 at 10:00 a.m. is hereby RESCHEDULED to Thursday, September 12, 2019 at 10:00 a.m. in Courtroom 550. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY
August 14, 2019 Opinion or Order Filing 211 REPLY IN SUPPORT OF DEFENDANTS' MOTION Corrected NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the Claims for Relief and Defendants in the Third Amended Complaint #194 filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. (McAleer, Matthew)
July 17, 2019 Opinion or Order Filing 210 LIST OF EXHIBITS OMITTED IN ERROR TO PLAINTIFF'S OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT filed filed by Plaintiff Richard J. Glair. (hr)
July 17, 2019 Opinion or Order Filing 209 NOTICE OF ADMISSION AND CORRECTION TO MEMORANDUM OF POINTS AND AUTHORITY IN OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Plaintiff Richard J. Glair. (hr)
July 15, 2019 Opinion or Order Filing 208 PROOF OF SERVICE filed by Plaintiff Richard J. Glair, re OPPOSITION to Corrected NOTICE OF MOTION AND MOTION for Partial Summary Judgment #205 , Exhibits #206 , Affidavit #207 (hr)
July 15, 2019 Opinion or Order Filing 207 AFFIDAVIT re OPPOSITION to Corrected NOTICE OF MOTION AND MOTION for Partial Summary Judgment #205 filed by Plaintiff Richard J. Glair (hr)
July 15, 2019 Opinion or Order Filing 206 EXHIBITS re OPPOSITION to Corrected NOTICE OF MOTION AND MOTION for Partial Summary Judgment #205 filed by Plaintiff Richard J. Glair. (hr)
July 15, 2019 Opinion or Order Filing 205 OPPOSITION to Corrected NOTICE OF MOTION AND MOTION for Partial Summary Judgment #194 filed by Plaintiff Richard J. Glair. (hr)
June 24, 2019 Opinion or Order Filing 204 EXHIBITS to Objection to Report and Recommendations #203 filed by Plaintiff Richard J. Glair. (hr)
June 24, 2019 Opinion or Order Filing 203 OBJECTIONS to Report and Recommendation (Issued) #199 filed by Plaintiff Richard J. Glair.(hr)
June 14, 2019 Opinion or Order Filing 202 MINUTES (IN CHAMBERS): ORDER RE PLAINTIFF'S MOTIONS (1) TO MODIFY SCHEDULING ORDER FOR 90 DAYS PURSUANT TO FED. R. CIV. P. 16(B)(4); AND (2) STAY ANY DISPOSITIVE MOTION FILINGS UNTIL DEPOSITION OF DEFENDANT PULTZ IS RECEIVED by Magistrate Judge Alicia G. Rosenberg. IT IS ORDERED that: 1. Plaintiff's motion to modify the scheduling order to reopen discovery for 45 days #191 is denied without prejudice to his ability to file a motion under Rule 56(d). 2. Plaintiff's motion to modify the scheduling order to permit him to file a motion for summary judgment #191 is denied without prejudice to his ability to file a motion with the proper showing of good cause under Rule 16(b)(4). 3. Plaintiff's motion to stay any dispositive motion filings #192 is denied. 4. The hearing on June 18, 2019 is VACATED. (see document for further details) (hr)
June 4, 2019 Opinion or Order Filing 201 REPLY to Defendants' OPPOSITION to Modify Scheduling Order and to Stay Dispositive Motions for 90 Days #197 filed by Plaintiff Richard J. Glair (hr)
May 31, 2019 Opinion or Order Filing 200 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Alicia G. Rosenberg. Objections to R&R due by 6/24/2019. (Attachments: #1 Report and Recommendation) (kl)
May 31, 2019 Opinion or Order Filing 199 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE issued by Magistrate Judge Alicia G. Rosenberg. For the reasons discussed above, it is recommended that the district court issue an order: (1) accepting this Report's findings and recommendation; (2) denying Plaintiff's motion for leave to file the Fourth Amended Complaint #173 , #174 ; and (3) providing that denial of Plaintiff's motion to substitute Lt. Heard for Doe 5 in Federal Claim 9 is without prejudice to Plaintiff's ability to renew the motion if Federal Claim 9 survives summary judgment. (See Attachment for Further Details) (kl)
May 31, 2019 Opinion or Order Filing 198 ORDER RE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT #194 and NOTICE TO PLAINTIFF OF THE REQUIREMENTS OF FEDERAL RULE 56 AND LOCAL RULE 56 by Magistrate Judge Alicia G. Rosenberg. Plaintiff is ORDERED to file his opposition to Defendants' summary judgment motion no later than July 15, 2019. The Clerk is directed to provide you with a copy of Rule 56 of the Federal Rules of Civil Procedure (Motions for Summary Judgment) with a copy of this Order. In addition, the Clerk is directed to provide you with a copy of Central District Local Rule 56, which deals with summary judgment motions. (See Order for Further Details) (Attachments: #1 FRCP 56, #2 Local Rule 56, #3 SGI) (kl)
May 28, 2019 Opinion or Order Filing 197 OPPOSITION IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Stay #192 , NOTICE OF MOTION AND MOTION for Order #191 filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. (Attachments: #1 Exhibit A)(McAleer, Matthew)
May 28, 2019 Opinion or Order Filing 196 STATEMENT of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF PARTIAL SUMMARY JUDGMENT Corrected NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the Claims for Relief and Defendants in the Third Amended Complaint #194 filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. (McAleer, Matthew)
May 28, 2019 Opinion or Order Filing 195 NOTICE OF ERRATA filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. (McAleer, Matthew)
May 28, 2019 Opinion or Order Filing 194 Corrected NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the Claims for Relief and Defendants in the Third Amended Complaint filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. Motion set for hearing on 7/9/2019 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: #1 Declaration of McAleer with Exhibits, #2 Declaration of Lozano with Exhibit, #3 Proposed Order) (McAleer, Matthew)
May 28, 2019 Opinion or Order Filing 193 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the Claims for Relief and Defendants in the Third Amended Complaint filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. Motion set for hearing on 7/9/2019 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of McAleer wtih Exhibits, #2 Declaration of Lozano with Exhibit, #3 Proposed Order) (McAleer, Matthew)
May 21, 2019 Opinion or Order Filing 192 MOTION TO STAY ANY DISPOSITIVE MOTION FILINGS UNTIL DEPOSITION OF DEFENDANT PULTZ IS RECEIVED filed by Plaintiff Richard J. Glair. Motion set for hearing on 6/18/2019 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (kl)
May 21, 2019 Opinion or Order Filing 191 MOTION TO MODIFY SCHEDULING ORDER FOR 90 DAYS filed by Plaintiff Richard J. Glair. Motion set for hearing on 6/18/2019 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (kl)
March 25, 2019 Opinion or Order Filing 190 EXHIBITS to Reply #189 filed by Plaintiff Richard J. Glair. (hr)
March 25, 2019 Opinion or Order Filing 189 REPLY to Opposition to Plaintiff's Motion to File 4th Amended Complaint #181 filed by Plaintiff Richard J. Glair (hr)
March 21, 2019 Opinion or Order Filing 188 MINUTES OF TELEPHONIC DISCOVERY CONFERENCE REGARDING PLAINTIFF'S DEPOSITION #187 held before Magistrate Judge Alicia G. Rosenberg. IT IS ORDERED that Plaintiff shall appear for deposition on March 28, 2019, at 10:00 a.m., at the City Attorney's Office at a location to be identified in Defendants' amended notice of deposition. The deposition shall be recorded stenographically. Any defendant officer(s) in attendance at Plaintiff's deposition will be unarmed while inside the deposition room. (See Order for Further Details) Court Recorder: XTR 03/21/2019. (kl)
March 21, 2019 Opinion or Order Filing 187 MOTION RE: INFORMAL DISCOVERY DISPUTE (hr)
March 21, 2019 Opinion or Order Filing 186 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. The telephonic discovery conference previously scheduled for 11:00 a.m. on Thursday, March 21, 2019 is continued to 1:30 p.m. on Thursday, March 21, 2019. The call-in information remains the same. Counsel are to contact Judge Rosenberg's Courtroom Deputy, Karl Lozada, at agr_chambers@cacd.uscourts.gov for the call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY
March 18, 2019 Opinion or Order Filing 185 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. The Court sets a telephonic discovery conference for Thursday, March 21, 2019 at 11:00 a.m. Counsel are to contact Judge Rosenberg's Courtroom Deputy, Karl Lozada, at agr_chambers@cacd.uscourts.gov for the call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY
March 8, 2019 Opinion or Order Filing 184 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew W McAleer counsel for Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. Elizabeth L. Greenwood is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants City of Los Angeles, et al.. (McAleer, Matthew)
March 7, 2019 Opinion or Order Filing 183 MINUTES OF ORDER RE TELEPHONIC DISCOVERY CONFERENCE settling #182 Plaintiff's list of Discovery Disputed Items; settling #180 Defendant's Motion for Orderfor Discovery Matter held before Magistrate Judge Alicia G. Rosenberg. IT IS ORDERED that, on or before April 6, 2019, Defendant City of Los Angeles shall respond to the following interrogatory: "For the period January 1, 2009 through the present, list the all positions at the Los Angeles Police Department held by the following persons: Kelly Sandell, Johnathan Pultz, Wm. Heard, H. Miller, J. Miller and H. Nuygh." IT IS FURTHER ORDERED that, by March 15, 2019, Plaintiff and defense counsel shall confer regarding deposition dates for Plaintiff in March 2019, and Mr. Pultz and Mr. Sandell in April 2019 after the written response to the interrogatory above is served but before the discovery cut-off date. (see document for further details) Court Recorder: XTR 03/07/2019. (hr)
March 6, 2019 Opinion or Order Filing 182 PLAINTIFF'S LIST OF DISCOVERY DISPUTED ITEMS FOR TELEPHONE CONFERENCE SCHEDULED FOR MARCH 7, 2019 AT 2:00 PM filed by Plaintiff Richard J. Glair. (kl)
March 6, 2019 Opinion or Order Filing 181 OPPOSITION re: NOTICE OF MOTION AND MOTION for Leave to file 4th Amended Complaint #174 filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. (McAleer, Matthew)
March 6, 2019 Opinion or Order Filing 180 NOTICE OF MOTION AND MOTION for Order for Discovery Matter filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. Motion set for hearing on 3/7/2019 at 02:00 PM before Magistrate Judge Alicia G. Rosenberg. (McAleer, Matthew)
March 4, 2019 Opinion or Order Filing 179 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg. At the request of Plaintiff, the Court sets a telephonic discovery conference for Thursday, March 7, 2019 at 2:00 p.m. A joint agenda listing the disputed discovery issues should be filed on or before noon on Wednesday, March 6, 2019. When filing the joint agenda, counsel are directed to use the "Discovery Motions - Order re Discovery Matter" event. Counsel are to contact Judge Rosenberg's Courtroom Deputy, Karl Lozada, at agr_chambers@cacd.uscourts.gov for the call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY
February 21, 2019 Opinion or Order Filing 178 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew W McAleer counsel for Defendants Ron Lee, Robert Lopez, Gerardo Pantoja. Elizabeth A. Mitchell is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Gerardo Pantoja, et al.. (Attorney Matthew W McAleer added to party Ron Lee(pty:dft), Attorney Matthew W McAleer added to party Robert Lopez(pty:dft), Attorney Matthew W McAleer added to party Gerardo Pantoja(pty:dft))(McAleer, Matthew)
February 20, 2019 Opinion or Order Filing 177 MINUTE (IN CHAMBERS) ORDER RE: BRIEFING SCHEDULE by Magistrate Judge Alicia G. Rosenberg. On February 12, 2019 and February 19, 2019, Plaintiff filed a request to file a Fourth Amended Complaint and lodged a proposed Fourth Amended Complaint and Notice of Correction to the Fourth Amendment Complaint. (Dkt. No. #173 - #176 .) IT IS HEREBY ORDERED that: 1. Defendants shall file a response on or before March 6, 2019. 2. Plaintiff may file a reply within 14 days of service of the response. 3. The hearing set for March 19, 2019 is VACATED. Unless otherwise ordered, the court will take the motion under submission without oral argument as of the date the reply is due. (kl)
February 19, 2019 Opinion or Order Filing 176 (Proposed) 4th Amended Complaint NOTICE of Corrections filed by Plaintiff Richard J. Glair. (hr)
February 19, 2019 Opinion or Order Filing 175 NOTICE of Correction to Motion for 4th Amended Complaint Filed February 12, 2019 filed by Plaintiff Richard J. Glair. (hr)
February 19, 2019 Opinion or Order Filing 174 MOTION to File a 4th Amended Complaint filed by Plaintiff Richard J. Glair. Motion set for hearing on 3/19/2019 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (hr)
February 12, 2019 Opinion or Order Filing 173 REQUEST to File 4th Amended Complaint filed by Plaintiff Richard J. Glair. (Attachments: #1 Lodged Proposed Fourth Amended Complaint) (hr)
February 8, 2019 Opinion or Order Filing 172 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew W McAleer counsel for Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. Elizabeth Anne Mitchell is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants City of Los Angeles, et al.. (McAleer, Matthew)
February 8, 2019 Opinion or Order Filing 171 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: REQUEST TO WITHDRAW ATTORNEY Elizabeth Anne Mitchell as counsel of record #169 by Magistrate Judge Alicia G. Rosenberg. The document is stricken and counsel is ordered to file an amended or corrected document by as soon as possible. (kl)
February 8, 2019 Opinion or Order Filing 170 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO WITHDRAW ATTORNEY Elizabeth Anne Mitchell as counsel of record #169 . The following error(s) was/were found: 1. Incorrect document filed. Because at least one member of the withdrawing attorney's firm or agency will continue to represent the party, a Notice of Appearance or Withdrawal of Counsel (G-123) should be filed for each the withdrawing attorney and the appearing attorney. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr)
February 7, 2019 Opinion or Order Filing 169 ***STRICKEN PER ORDER #171 ***REQUEST TO WITHDRAW ATTORNEY Elizabeth Anne Mitchell as counsel of record filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. (Attachments: #1 Proposed Order) (Attorney Matthew W McAleer added to party Robert McCarty(pty:dft)) (McAleer, Matthew) Modified on 2/8/2019 (kl).
December 20, 2018 Opinion or Order Filing 168 STATUS REPORT Joint Status Report Pursuant to Court's Sept 28, 2018 Order (Doc 162) filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert McCarty, Johnathan Pultz, Kelly Sandell. (McAleer, Matthew)
November 21, 2018 Opinion or Order Filing 167 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) #166 , REQUEST TO WITHDRAW ATTORNEY Elizabeth Anne Mitchell as counsel of record #165 by Magistrate Judge Alicia G. Rosenberg. The document is stricken and counsel is ordered to file an amended or corrected document as soon as possible. (hr)
November 16, 2018 Opinion or Order Filing 166 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO WITHDRAW ATTORNEY Elizabeth Anne Mitchell as counsel of record REQUEST of Elizabeth Anne Mitchell to Withdraw as Attorney #165 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb)
November 15, 2018 Opinion or Order Filing 165 ***STRICKEN PER ORDER #167 ***REQUEST TO WITHDRAW ATTORNEY Elizabeth Anne Mitchell as counsel of record , REQUEST of Elizabeth Anne Mitchell to Withdraw as Attorney filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert (Gerald) McCarthy, Johnathan Pultz, Kelly Sandell. (Greenwood, Elizabeth) Modified on 11/21/2018 (kl).
September 28, 2018 Opinion or Order Filing 164 PROOF OF SERVICE filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert (Gerald) McCarthy, Johnathan Pultz, Kelly Sandell, re Answer to Complaint,, #160 DEFENDANTS CITY OF LOS ANGELES, JOHN N. INCONTRO, GERALD McCARTY, CHARLES BECK, JOHNATHAN PULTZ AND KELLY SANDELLS ANSWER TO PLAINTIFFS THIRD AMENDED COMPLAINT;DEMAND FOR JURY TRIAL served on September 28, 2018. (McAleer, Matthew)
September 28, 2018 Opinion or Order Filing 163 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint #160 by Magistrate Judge Alicia G. Rosenberg. The document is accepted as filed, and counsel is instructed to file the Proof of Service as soon as possible. (kl)
September 28, 2018 Opinion or Order Filing 162 ORDER RE DISCOVERY AND MOTIONS [CIVIL RIGHTS] by Magistrate Judge Alicia G. Rosenberg. All discovery shall be completed on or before April 29, 2019. Each party shall file and serve a status report on or before December 28, 2018. Any motions directed to the court's jurisdiction or to the merits of any claim or defense (such as a motion to dismiss or a motion for summary judgment) shall be filed and served not later than May 28, 2019. (see order for further details) (hr)
September 28, 2018 Opinion or Order Filing 161 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Third Amended Complaint #160 . The following error(s) was/were found: Document is missing a Proof of Service upon pro se plaintiff. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr)
September 27, 2018 Opinion or Order Filing 160 ANSWER to Amended Complaint, #144 filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Robert (Gerald) McCarthy, Johnathan Pultz, Kelly Sandell.(Attorney Matthew W McAleer added to party Charles Beck(pty:dft), Attorney Matthew W McAleer added to party City of Los Angeles(pty:dft), Attorney Matthew W McAleer added to party John Incontro(pty:dft), Attorney Matthew W McAleer added to party Robert (Gerald) McCarthy(pty:dft), Attorney Matthew W McAleer added to party Johnathan Pultz(pty:dft), Attorney Matthew W McAleer added to party Kelly Sandell(pty:dft))(McAleer, Matthew)
August 29, 2018 Opinion or Order Filing 159 MINUTE (IN CHAMBERS): FURTHER PROCEEDINGS by Magistrate Judge Alicia G. Rosenberg. IT IS HEREBY ORDERED that Defendants shall file a response to the non-dismissed portions of the Third Amended Complaint in accordance with the District Court's Order Accepting (Dkt. No. 158) within thirty (30) days of the date of this order. (hr)
August 15, 2018 Opinion or Order Filing 158 ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Dean D. Pregerson for Report and Recommendation (Issued) #155 . IT IS ORDERED that Defendants' motion to dismiss the TAC is GRANTED IN PART as follows: (1) Federal Claims 4, 5 and 7 are dismissed without leave to amend; (2) Federal Claims 6 and 9 are dismissed as to Defendant Lopez without leave to amend; (3) Federal Claim 8 is dismissed without prejudice to Plaintiff's ability to seek relief by appropriate motion in this action; (4) Defendants Does 1 and 2, Lopez, Greenwood, Brente, Peters, Lee, Pantoja and Randolph are dismissed; and (5) Defendants' motion to dismiss the TAC is denied in all other respects. (see order for further details) (hr)
June 18, 2018 Opinion or Order Filing 157 OBJECTIONS to Report and Recommendation (Issued) #155 filed by plaintiff Richard J. Glair.(hr)
May 24, 2018 Opinion or Order Filing 156 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Alicia G. Rosenberg. Objections to R&R due by 6/18/2018. (See Attachment for Further Details) (Attachments: #1 Report & Recommendation) (kl)
May 24, 2018 Opinion or Order Filing 155 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE issued by Magistrate Judge Alicia G. Rosenberg. For the reasons discussed above, it is recommended that the district court issue an order: (1) accepting this Report's findings and recommendations; (2) granting Defendants' motion to dismiss Federal Claims 4, 5, and 7 with prejudice #149 ; (3) granting Defendants' motion to dismiss Federal Claims 6 and 9 as to Defendant Lopez and denying the motion as to other defendants named in Claims 6 and 9; (4) granting Defendants' motion to dismiss Federal Claim 8 without prejudice to Plaintiff's ability to seek relief by appropriate motion in this action;(5) denying Defendants' motion to dismiss Federal Claim 10 and the state claims; and (6) dismissing the following defendants who are not named in a surviving claim: Does 1 and 2, Lopez, Greenwood, Brente, Peters, Lee, Pantoja and Randolph. (See Attachment for Further Details) (kl)
April 25, 2018 Opinion or Order Filing 154 ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 18-026 by Magistrate Judge Patrick J. Walsh. Pursuant to the recommended procedure adopted by the Court for the RESIGNATION of Magistrate Judge JAY C. GANDHI, this case is transferred from the calendar of Magistrate Judge Jay C. Gandhi to the calendar of Magistrate Judge Alicia G. Rosenberg for all further proceedings authorized by statute, local rules and general orders. All documents subsequently filed shall bear this new case designation CV13-8946 DDP(AGR) absent further order of the Court. (sn) Modified on 4/26/2018 (sn).
January 19, 2018 Opinion or Order Filing 153 (IN CHAMBERS) ORDER TAKING MOTION TO DISMISS UNDER SUBMISSION by Magistrate Judge Jay C. Gandhi: The Court finds Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint #149 suitable for decision without oral argument. See Local Rule 7.15. Accordingly, the February 1, 2018 hearing is removed from the Court's calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
January 18, 2018 Opinion or Order Filing 152 RESPONSE IN SUPPORT DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION TO DISMISS THIRD AMENDED COMLAINT ("TAC") FOR FAILURE TO STSATE A CLAIM FOR RELIEF FRCP 12(b)(6) filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Ron Lee, Robert Lopez, Robert McCarty, Gerardo Pantoja, Johnathan Pultz, Kelly Sandell. (Attorney Elizabeth Anne Mitchell added to party Robert McCarty(pty:dft))(Mitchell, Elizabeth)
January 11, 2018 Opinion or Order Filing 151 PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS EXHIBITS filed by Plaintiff Richard J. Glair. (mt)
January 11, 2018 Opinion or Order Filing 150 PLAINTIFF'S OPPOSITION TO DEFENDANTS MOTION TO DISMISS THIRD AMENDED COMPLAINT #148 filed by Plaintiff Richard J. Glair. (mt)
December 29, 2017 Opinion or Order Filing 149 NOTICE DEFENDANTS' AMENDED NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT ("TAC") FOR FAILURE TO STATE A CLAIM FOR RELIEF filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Ron Lee, Robert Lopez, Robert (Gerald) McCarthy, Gerardo Pantoja, Johnathan Pultz, Kelly Sandell. (Attachments: #1 Proposed Order)(Mitchell, Elizabeth)
December 18, 2017 Opinion or Order Filing 148 NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Ron Lee, Robert Lopez, Robert (Gerald) McCarthy, Gerardo Pantoja, Johnathan Pultz, Kelly Sandell. (Attachments: #1 Proposed Order)(Mitchell, Elizabeth)
December 5, 2017 Opinion or Order Filing 147 ORDER RE: DEFENDANT CITY OF LOS ANGELES, ET AL'S EX PARTE REQUEST TO EXTEND TIME TO FILING A RESPONSIVE PLEADING TO PLAINTIFF RICHARD GLAIR'S THIRD AMENDED COMPLAINT by Magistrate Judge Jay C. Gandhi: Defendants' request to extend time #146 is hereby GRANTED. A responsive pleading shall be due on or before December 18, 2017. (kh)
December 1, 2017 Opinion or Order Filing 146 EX PARTE APPLICATION for Extension of Time to File A RESPONSIVE PLEADING TO PLAINTIFF RICHARD GLAIR'S THIRD AMENDED COMPLAINT; DECLARATION OF ELIZABETH MITCHELL filed by Defendants Charles Beck, City of Los Angeles, John Incontro, Ron Lee, Robert Lopez, Robert (Gerald) McCarthy, Gerardo Pantoja, Johnathan Pultz, Kelly Sandell. (Attachments: #1 Proposed Order) (Attorney Elizabeth Anne Mitchell added to party Charles Beck(pty:dft), Attorney Elizabeth Anne Mitchell added to party City of Los Angeles(pty:dft), Attorney Elizabeth Anne Mitchell added to party John Incontro(pty:dft), Attorney Elizabeth Anne Mitchell added to party Ron Lee(pty:dft), Attorney Elizabeth Anne Mitchell added to party Robert Lopez(pty:dft), Attorney Elizabeth Anne Mitchell added to party Robert (Gerald) McCarthy(pty:dft), Attorney Elizabeth Anne Mitchell added to party Gerardo Pantoja(pty:dft), Attorney Elizabeth Anne Mitchell added to party Johnathan Pultz(pty:dft), Attorney Elizabeth Anne Mitchell added to party Kelly Sandell(pty:dft)) (Mitchell, Elizabeth)
October 30, 2017 Opinion or Order Filing 145 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Richard J. Glair. (twdb)
October 30, 2017 Opinion or Order Filing 144 THIRD AMENDED COMPLAINT against defendants Charles Beck, Cory Brente, City of Los Angeles, Elizabeth L Greenwood, John N. Incontro, John Does, John Does, Robert A Lopez, Robert McCarty, Pantoja, Thomas Peters, Johnathan Pultz, Kelly Sandell; Party Police Commissioner (individually), Police Commissioner (as commissioner), John A and Incontro terminated amending Second Amended Complaint, #78 , filed by plaintiff Richard J. Glair(twdb)
September 29, 2017 Opinion or Order Filing 143 (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND #126 by Magistrate Judge Jay C. Gandhi: IT IS ORDERED THAT: 1) Within 30 days of the date of this Order, Plaintiff may submit a Third Amended Complaint to cure the deficiencies. 2) If Plaintiff chooses to file a Third Amended Complaint, he must comply with Federal Rule of Civil Procedure 8. 3)Plaintiff must clearly designate on the face of the document that it is the "Third Amended Complaint," and it must be retyped or rewritten in its entirety on the court-approved form. 4) As a rule, any amended complaint supersedes previously filed complaints. (Attachments: #1 Blank Civil Rights Complaint) (kh)
September 18, 2017 Opinion or Order Filing 142 REPLY Reply in Support of Motion to Dismiss NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint for Violation of Rule 4M and Failure to State a Claim for Relief F.R.C.P. 12(b)(6) #126 filed by Defendant Kelly Sandell. (Greenwood, Elizabeth)
September 12, 2017 Opinion or Order Filing 141 NOTICE OF CORRECTION TO OMISSION OF 2 EXHIBITS from Request for Judicial Notice #139 Filed filed by Plaintiff Richard J. Glair. (mt)
September 5, 2017 Opinion or Order Filing 140 Response to Defendants Sandell and Pultz's MOTION to Dismiss Plaintiff's Second Amended Complaint #126 filed by Plaintiff Richard J. Glair. (twdb)
September 5, 2017 Opinion or Order Filing 139 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Richard J. Glair. (twdb)
August 4, 2017 Opinion or Order Filing 138 (IN CHAMBERS) ORDER REGARDING DEFENDANTS JONATHAN PULTZ AND KELLY SANDELL'S AMENDED MOTION TO DISMISS #126 by Magistrate Judge Jay C. Gandhi: IT IS NOW ORDERED THAT: 1) Plaintiff's opposition or notice of non-opposition to the Motion must be filed and served no later than September 4, 2017. 2) Defendants shall file and serve a reply memorandum no later than September 18, 2017. 3) Unless the Court orders otherwise, this case will be deemed submitted, without oral argument. 4) The Court may order further briefing or other proceedings, at any time, as necessary or appropriate. (kh)
July 31, 2017 Opinion or Order Filing 137 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Richard J. Glair. (kh)
March 14, 2017 Opinion or Order Filing 136 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Richard J. Glair. (dro)
February 6, 2017 Opinion or Order Filing 135 NOTICE OF DEFICIENCY RE: REQUEST for Entry of Default against defendants Cory Brente, Elizabeth L Greenwood, Thomas Peters #129 . The Clerk cannot enter the requested relief as: Parties dismissed from action on September 9, 2016. (kh)
February 3, 2017 Opinion or Order Filing 134 REQUEST FOR JUDICIAL NOTICE as to Plaintiff's January 25, 2017 Request for Default Judgment against Defendants E.L. Greenwood, T. Peters and C. Brente, filed by Plaintiff Richard J. Glair. (mba)
January 25, 2017 Opinion or Order Filing 133 REQUEST for Entry of Default against defendants Cory Brente, Elizabeth L Greenwood, Thomas Peters filed by plaintiff Richard J. Glair. (dro)
January 12, 2017 Opinion or Order Filing 132 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Richard J. Glair. (mba)
January 9, 2017 Opinion or Order Filing 131 (IN CHAMBERS) ORDER TAKING MOTION TO DISMISS UNDER SUBMISSION by Magistrate Judge Jay C. Gandhi: The Court finds Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint #126 suitable for decision without oral argument. See Local Rule 7.15. Accordingly, the January 19, 2017 hearing is removed from the Court's calendar. In addition, the Court denies Plaintiffs Request for Continuance #129 as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
December 20, 2016 Opinion or Order Filing 130 NOTICE OF NON-OPPOSITION to REQUEST to Continue #129 filed by Defendants City of Los Angeles, Johnathan Pultz, Kelly Sandell. (Greenwood, Elizabeth)
December 19, 2016 Opinion or Order Filing 129 REQUEST for Continuance Due to Physical Injury until January 22, 2017 filed by Plaintiff Richard J. Glair. (lwag)
November 30, 2016 Opinion or Order Filing 128 NOTICE OF ERRATA filed by Defendants City of Los Angeles, Incontro, Ron Lee, Robert A Lopez, Robert McCarty, Pantoja, Johnathan Pultz, D Randolph, Kelly Sandell. correcting NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint for Violation of Rule 4M and Failure to State a Claim for Relief F.R.C.P. 12(b)(6) #126 (Attachments: #1 Proposed Order Proposed Order)(Greenwood, Elizabeth)
November 22, 2016 Opinion or Order Filing 127 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint for Violation of Rule 4M and Failure to State a Claim for Relief F.R.C.P. 12(b)(6) #126 . The following error(s) was found: Proposed Document was not submitted as separate attachment. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lwag)
November 21, 2016 Opinion or Order Filing 126 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint for Violation of Rule 4M and Failure to State a Claim for Relief F.R.C.P. 12(b)(6) filed by DEFENDANTS Johnathan Pultz, Kelly Sandell. Motion set for hearing on 1/19/2017 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C) (Attorney Elizabeth L Greenwood added to party Johnathan Pultz(pty:dft), Attorney Elizabeth L Greenwood added to party Kelly Sandell(pty:dft)) (Greenwood, Elizabeth)
November 9, 2016 Opinion or Order Filing 125 PROOF OF SERVICE FROM MIKE SALGUERO filed by Plaintiff Richard J. Glair, (mt)
October 31, 2016 Opinion or Order Filing 123 DECLARATION of Mike Salguero PROOF OF SERVICE BY MAIL filed by Plaintiff Richard J. Glair, (mt)
October 31, 2016 Opinion or Order Filing 122 PROOF OF SERVICE Executed by Plaintiff Richard J. Glair, upon Defendant Johnathan Pultz Service of the Summons and Complaint were executed upon Detective M (Can't read the last name signed for documents) in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (mt)
October 31, 2016 Opinion or Order Filing 121 PROOF OF SERVICE Executed by Plaintiff Richard J. Glair, upon Defendant Kelly Sandel Service of the Summons and Complaint were executed upon Detective M (Can't read the last name signed for documents) in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (mt)
October 31, 2016 Opinion or Order Filing 120 NOTICE TO PARTIES by District Judge Dean D. Pregerson. Effective November 7, 2016, Judge Pregerson will be located at the 1st Street Courthouse, COURTROOM 9C on the 9th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 9C of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
September 30, 2016 Opinion or Order Filing 124 RESPONSE filed by Plaintiff Richard J. Glairto Order to Show Cause, #103 (dro)
September 30, 2016 Opinion or Order Filing 109 LIST OF EXHIBITS AND DECLARATION of Plaintiff in Response to Court's September 19th Order to Show Cause filed by plaintiff Richard J. Glair. (dro)
September 27, 2016 Opinion or Order Filing 119 21 DAY Summons Issued re Second Amended Complaint, #78 as to defendant Cory Brente. (lc)
September 27, 2016 Opinion or Order Filing 118 21 DAY Summons Issued re Second Amended Complaint, #78 as to defendant Thomas Peters. (lc)
September 27, 2016 Opinion or Order Filing 117 21 DAY Summons Issued re Second Amended Complaint, #78 as to defendant Elizabeth L Greenwood. (lc)
September 27, 2016 Opinion or Order Filing 116 21 DAY Summons Issued re Second Amended Complaint, #78 as to defendant John Doe 7. (lc)
September 27, 2016 Opinion or Order Filing 115 21 DAY Summons Issued re Second Amended Complaint, #78 as to defendant John Doe 6. (lc)
September 27, 2016 Opinion or Order Filing 114 21 DAY Summons Issued re Second Amended Complaint, #78 as to defendant John Doe 5. (lc)
September 27, 2016 Opinion or Order Filing 113 21 DAY Summons Issued re Second Amended Complaint, #78 as to defendant John Doe 4. (lc)
September 27, 2016 Opinion or Order Filing 112 21 DAY Summons Issued re Second Amended Complaint, #78 as to defendant John Doe 1. (lc)
September 27, 2016 Opinion or Order Filing 111 21 DAY Summons Issued re Second Amended Complaint, #78 as to defendant Johnathan Pultz. (lc)
September 27, 2016 Opinion or Order Filing 110 21 DAY Summons Issued re Second Amended Complaint, #78 as to defendant Kelly Sandell. (lc)
September 23, 2016 Opinion or Order Filing 108 (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR EXTENSION OF TIME by Magistrate Judge Jay C. Gandhi: IT IS ORDERED THAT Plaintiff's Request #107 is GRANTED IN PART AND DENIED IN PART. Plaintiff is ordered to file his Response no later than September 30, 2016. (kh)
September 20, 2016 Opinion or Order Filing 106 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, #105 . The following error(s) was found: Title page is missing. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lwag)
September 19, 2016 Opinion or Order Filing 105 Proof of Service by Mail - Defts Opposition to Plaitniff's Motion for a Continuance filed by Defendants City of Los Angeles, Incontro, Robert McCarty Robert Lopez, Ron Lee, Gerardo Pantoja and Daniel Randolph re: Miscellaneous Document, #104 (Greenwood, Elizabeth)
September 19, 2016 Opinion or Order Filing 104 Opposition to Plaintiff's Ex Parte Application to Continue; Declaration of Elizabeth Greenwood; Exhibits A-O filed by Defendants City of Los Angeles, Incontro, Robert McCarty , Ron Lee, Robert Lopez, Gerardo Pantoja and Daniel Randolph (Attachments: #1 Declaration of Elizabeth Greenwood, #2 Exhibit A-N, #3 Exhibit O)(Greenwood, Elizabeth)
September 16, 2016 Opinion or Order Filing 107 REQUEST for Continuance Until October 2016 to File Response to Court's September 9th Order to Show Cause filed by Plaintiff Richard J. Glair. (lwag)
September 9, 2016 Opinion or Order Filing 103 (IN CHAMBERS) ORDER TO SHOW CAUSE WHY KELLY SANDELL, JONATHAN PULTZ, AND DOE DEFENDANTS 3-7 SHOULD NOT BE DISMISSED FROM ACTION by Magistrate Judge Jay C. Gandhi: Plaintiff is ORDERED TO SHOW CAUSE, in writing, on or before September 16, 2016, why the Remaining Defendants should not be dismissed from this action. (kh)
September 9, 2016 Opinion or Order Filing 102 MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND by Magistrate Judge Jay C. Gandhi. IT IS ORDERED THAT: 1) Defendants Motion to Dismiss, #85 , is GRANTED with leave to amend; and 2) Plaintiff will not file a Third Amended Complaint until the Court: (1) finds that the service of process issues presented in the Court's OSC have been resolved; and (2) instructs Plaintiff that he can file a Third Amended Complaint. (kh)
March 30, 2016 Opinion or Order Filing 101 THREE DOCUMENTS/EXHIBITS Attached Pursuant to Court Order Filed filed by Plaintiff Richard J. Glair. (dro)
March 30, 2016 Opinion or Order Filing 100 PLAINTIFF'S REPLY to Defendants Supplemental Brief filed by Plaintiff Richard J. Glair (dro)
March 22, 2016 Opinion or Order Filing 99 (IN CHAMBERS) ORDER GRANTING PLAINTIFF'S EXTENSION REQUEST by Magistrate Judge Jay C. Gandhi: The Court GRANTS the Request #97 . Accordingly, Plaintiffs reply brief is now due March 30, 2016. Within 7 days of Plaintiff's filing, Defendants may file a sur-reply. No further extensions will be granted absent a showing of good cause. (kh)
March 21, 2016 Opinion or Order Filing 98 NOTICE OF NON-OPPOSITION to REQUEST for Leave to file Supplemental Reply Brief Pursuant to FRCP 6(b)(1) #97 filed by Defendants City of Los Angeles, Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Robert McCarty, Pantoja, D Randolph. (Greenwood, Elizabeth)
March 15, 2016 Opinion or Order Filing 97 REQUEST for Good Cause to file Supplemental Reply Brief Pursuant to FRCP 6(b)(1) filed by Plaintiff Richard J. Glair. (mt)
March 8, 2016 Opinion or Order Filing 96 REPLY filed by Defendants City of Los Angeles, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Pantoja, D Randolph to Order, #93 DEFENDANTS' SUPPLEMENTAL BRIEFING ON QUALIFIED IMMUNITY AND EXIGENT CIRCUMSTANCES (Greenwood, Elizabeth)
March 2, 2016 Opinion or Order Filing 95 MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANTS' EXTENSION REQUEST by Magistrate Judge Jay C. Gandhi granting #94 REQUEST for Extension of Time to File. Defendants' supplemental brief is now due March 8, 2016. Within 14 days of Defendants filing, Plaintiff may file a reply. Within 7 days of Plaintiff's filing, Defendants may file a sur-reply. (kh)
March 1, 2016 Opinion or Order Filing 94 First REQUEST for Extension of Time to File Further Briefing on Dkt #85 filed by Defendants City of Los Angeles, Incontro, Robert McCarty. (Greenwood, Elizabeth)
February 9, 2016 Opinion or Order Filing 93 (IN CHAMBERS) ORDER REGARDING FURTHER BRIEFING by Magistrate Judge Jay C. Gandhi re Motion to Dismiss Plaintiff's Second Amended Complaint #85 . Within 21 days of this Order, Defendants shall file a supplemental brief. Within 14 days of Defendants' filing, Plaintiff may file a reply. Within 7 days of Plaintiff's filing, Defendants may file a sur-reply. (kh)
December 21, 2015 Opinion or Order Filing 92 NOTICE OF ERROR AND CORRECTION IN OPPOSITION FILED ON DECEMBER 14, 2015 re Morion to Dismiss Plaintiff's Second Amended Complaint #85 filed by Plaintiff Richard J. Glair. (kh)
December 15, 2015 Opinion or Order Filing 90 SCHEDULING NOTICE RE MOTION TO DISMISS by Magistrate Judge Jay C. Gandhi: The Court finds Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint #85 suitable for adjudication without oral argument. Accordingly, the motion is taken under, and the hearing set for December 31, 2015 is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
December 14, 2015 Opinion or Order Filing 91 PLAINTIFF'S OPPOSITION to Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint #85 filed by Plaintiff Richard J. Glair. (kh)
December 1, 2015 Opinion or Order Filing 89 MINUTES (IN CHAMBERS) ORDER REGARDING PLAINTIFF'S REQUEST FOR CONTINUANCE by Magistrate Judge Jay C. Gandhi: Plaintiff's request for continuance to file his opposition to Defendants' motion to dismiss #88 is DENIED AS MOOT, in light of Defendants' filing of an amended motion to dismiss. (kh)
November 30, 2015 Opinion or Order Filing 87 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint #85 . The following error(s) was found: Proposed Document was not submitted as separate attachment. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lwag)
November 25, 2015 Opinion or Order Filing 88 PLAINTIFF'S REQUEST FOR CONTINUANCE PURSUANT TO FRCP 6(b)(1) FOR TIME TO REPLY TO MOTION AND MOTION to Dismiss #84 filed by Plaintiff Richard J. Glair. (kh)
November 23, 2015 Opinion or Order Filing 86 TEXT ONLY SCHEDULING NOTICE VACATING MOTION TO DISMISS #82 by Magistrate Judge Jay C. Gandhi: Defendants' Motion to Withdraw #84 is hereby GRANTED. Accordingly, the December 17, 2015 hearing is removed from the Court's calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
November 23, 2015 Opinion or Order Filing 85 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendants City of Los Angeles, Incontro, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Robert McCarty, Pantoja, D Randolph. Motion set for hearing on 12/31/2015 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (Attachments: #1 Exhibit) (Greenwood, Elizabeth)
November 23, 2015 Opinion or Order Filing 84 NOTICE OF MOTION AND MOTION to Dismiss Dockets #82 & #83 Motion to Dismiss F.R.C.P 12(b)(6) and Errata to Docket #82 Motion to Dismiss F.R.C.P. 12(b)(6) filed by Defendants City of Los Angeles, Incontro, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Robert McCarty, Pantoja, D Randolph. Motion set for hearing on 12/17/2015 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (Greenwood, Elizabeth)
November 18, 2015 Opinion or Order Filing 83 NOTICE OF ERRATA filed by Defendants City of Los Angeles, Incontro, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Robert McCarty, Pantoja, D Randolph. correcting NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint #82 (Attachments: #1 F.R.C.P. 12(b)(6), #2 Declaration, #3 Exhibit)(Greenwood, Elizabeth)
November 18, 2015 Opinion or Order Filing 82 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendants City of Los Angeles, Incontro, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Robert McCarty, Pantoja, D Randolph. Motion set for hearing on 12/17/2015 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit) (Greenwood, Elizabeth)
November 10, 2015 Opinion or Order Filing 81 ORDER Re: Defendants' Request to Extend the Time to File a Responsive Pleading to Plaintiff's Second Amended Complaint #80 by Magistrate Judge Jay C. Gandhi: Please take note that this Honorable Court having reviewed the Defendants' Request to Extend the Time to File a Responsive Pleading to Plaintiff's Second Amended Complaint [Document #78], hereby grants as follows based upon a finding of good cause: Defendants are granted a continuance to file a Responsive pleading to Plaintiff's Second Amended Complaint [Document #78] until November 13, 2015, or the following date November 25, 2015. (lwag) (Main Document 81 replaced on 11/16/2015) (cbr).
November 6, 2015 Opinion or Order Filing 80 REQUEST for Extension of Time to File Responsive Pleading to Plaintiff's Second Amended Complaint filed by Defendants Charles Beck, City of Los Angeles, Incontro, Ron Lee, Robert A Lopez, Robert McCarty, Pantoja, D Randolph. (Attachments: #1 Proposed Order) (Attorney Elizabeth L Greenwood added to party Incontro(pty:dft), Attorney Elizabeth L Greenwood added to party Robert McCarty(pty:dft)) (Greenwood, Elizabeth)
October 16, 2015 Opinion or Order Filing 79 NOTICE AND CORRECTIONS to Second Amended Complaint Lodged on October 13, 2015 filed by Plaintiff Richard J. Glair. (kh)
October 16, 2015 Opinion or Order Filing 78 SECOND AMENDED COMPLAINT against defendants City of Los Angeles, Charles Beck, Police Commissioner individually and as commissioner,Kelly Sandell, Johnathan Pultz, John Does 3,4,5,6,7, Robert McCarty, John A,Incontro. amending First Amended Complaint #34 , filed by plaintiff Richard J. Glair(twdb)
October 16, 2015 Opinion or Order Filing 77 MINUTES (IN CHAMBERS) ORDER REGARDING PLAINTIFF'S MOTION AND SECOND AMENDED COMPLAINT #76 by Magistrate Judge Jay C. Gandhi. IT IS ORDERED THAT: 1. The hearing set for November 19, 2015 is VACATED. 2. The SAC, [Dkt. No. 76-1], is ordered FILED. Plaintiff is reminded that the SAC supersedes all prior complaints. (kh)
October 13, 2015 Opinion or Order Filing 76 I. MOTION to Modify the Scheduling Order for Good Cause; II. MOTION to Amend Complaint to File Second Amended Complaint re First Amended Complaint, #34 filed by Plaintiff Richard J. Glair. Motion set for hearing on 11/19/2015 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (Attachments: #1 Proposed Second Amended Complaint) (kh)
September 21, 2015 Opinion or Order Filing 75 MINUTES (IN CHAMBERS) ORDER REGARDING PLAINTIFF'S MOTION by Magistrate Judge Jay C. Gandhi: Plaintiff's Motion for Reconsideration #74 is GRANTED. Moreover, in the interest of justice, the Court sua sponte extends Petitioner's deadline to file his motion for leave to amend and his proposed Second Amended Complaint. IT IS ORDERED THAT: 1) No later than October 13, 2015, Plaintiff may submit: (1) a motion seeking leave to amend his complaint, and (2) a proposed Second Amended Complaint. 2) If Plaintiff chooses to file a Second Amended Complaint, he must comply with Federal Rule of Civil Procedure 8, and contain short, plain statements. 3) Plaintiff must clearly designate on the face of the document that it is the "Second Amended Complaint," and it must be retyped or rewritten in its entirety. 4) Any amended complaint supersedes any previous complaint. (kh)
September 16, 2015 Opinion or Order Filing 74 MOTION for Reconsideration filed by plaintiff Richard J. Glair. Motion set for hearing on 10/15/2015 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (twdb)
September 8, 2015 Opinion or Order Filing 73 (IN CHAMBERS) ORDER SUSA SPONTE EXTENDING PLAINTIFF'S DEADLINE TO FILE A FIRST AMENDED COMPLAINT by Magistrate Judge Jay C. Gandhi. IT IS ORDERED THAT: 1)No later than September 29, 2015, Plaintiff may submit: (1) a motion seeking leave to amend his complaint, and (2) a proposed First Amended Complaint. See Fed. R. Civ. P. 15(a)(2). The Clerk of Court is DIRECTED TO mail Plaintiff a court-approved form to use for filing the First Amended Complaint. 2)If Plaintiff chooses to file a First Amended Complaint, he must comply with Federal Rule of Civil Procedure 8. 3) Plaintiff must clearly designate on the face of the document that it is the "First Amended Complaint," and it must be retyped or rewritten in its entirety on the court-approved form. 4)Any amended complaint supersedes the Complaint. (Attachments: #1 Blank Civil Rights Complaint) (kh)
September 4, 2015 Opinion or Order Filing 72 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson. Plaintiff's Motion for Reconsideration #68 set for September 28, 2015 at 10:00 a.m., is hereby taken off calendar, the hearing date vacated and is DENIED with prejudice. Plaintiff's Request for Continuance #67 is DENIED without prejudice. If Plaintiff wishes to proceed in this case, any renewed motion for a continuance and all other proceedings shall be filed before Magistrate Judge Jay C. Gandhi. (lom)
September 3, 2015 Opinion or Order Filing 71 OPPOSITION re: REQUEST for Order #67 filed by Defendants City of Los Angeles, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Pantoja, D Randolph. (Greenwood, Elizabeth)
September 3, 2015 Opinion or Order Filing 70 NOTICE OF ERRATA filed by Defendants City of Los Angeles, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Pantoja, D Randolph. correcting Objection/Opposition (Motion related) #69 (Greenwood, Elizabeth)
September 3, 2015 Opinion or Order Filing 69 OPPOSITION re: NOTICE OF MOTION AND MOTION for Reconsideration #68 filed by Defendants City of Los Angeles, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Pantoja, D Randolph. (Greenwood, Elizabeth)
August 28, 2015 Opinion or Order Filing 67 REQUEST FOR CONTINUANCE UNDER FRCP 6 AND CHANGE THE TIME TO RESPOND TO COURT'S AUGUST 14, 2015 ORDER BASED ON ITS RULING ON THE MOTION FOR RECONSIDERATION filed by plaintiff Richard J. Glair. (lc)
August 18, 2015 Opinion or Order Filing 68 NOTICE OF MOTION AND MOTION for Reconsideration filed by plaintiff Richard J. Glair. Motion set for hearing on 9/28/2015 at 10:00 AM before Judge Dean D. Pregerson. (lc)
August 14, 2015 Opinion or Order Filing 66 NOTICE OF REASSIGNMENT OF CASE filed pursuant to Order filed on 8/14/15. Case transferred to Magistrate Judge Jay C. Gandhi for any matters that are referred pursuant to General Order 05-07. Case number will now read CV13-08946 DDP (JCG). (mg)
August 14, 2015 Opinion or Order Filing 65 ORDER RE MOTION TO CONSOLIDATE CASES #57 , #64 by Judge Dean D. Pregerson: In most cases, when a plaintiff wishes to add defendants, the proper procedural tool for doing so is a motion for leave to amend the complaint.The second civil case (15-03079) should not have been filed and is therefore DISMISSED. Plaintiffs Motion to Consolidate Cases (DOCKET NUMBER 57) and the Ex Parte(DOCKET NUMBER 64) are VACATED as moot.If Plaintiff wishes to add additional defendants to (or otherwise amend) his original complaint, he should file a motion seeking leave to amend in the original civil case (13-08946). To avoid further delay, the Court orders that Plaintiff file any such motion for leave to amend not later than 21 days from the date of this order. Additionally, having reviewed the complaint in this case, the Court determines that this case should be heard by the magistrate judge and ORDERS the Clerk to assign this case to the magistrate pursuant to General Order 05-07. The magistrate will hear the case, rule on non-dispositive motions, and produce a Report and Recommendation for the Court. All pending hearing dates in case 13-08946 are vacated and may be re-set by the magistrate judge as his calendar permits. (lc). Modified on 8/14/2015. (lc). Modified on 8/14/2015 (lc).
August 12, 2015 Opinion or Order Filing 64 EX PARTE REQUEST TO MODIFY SCHEDULING ORDER PURSUANT TO RCP 16(b) (4) and LOCAL RULE 16-14 filed by plaintiff Richard J. Glair. (lc) (Additional attachment(s) added on 8/13/2015: #1 lodged order) (lc).
August 7, 2015 Opinion or Order Filing 63 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 (Related Case) filed. Transfer of case declined by Judge Manuel L. Real, for the reasons set forth on this order. Related Case No. CV 99-10835 R(RNB) (rn)
July 16, 2015 Opinion or Order Filing 62 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL AND PARTIES ARE NOTIFIED that on the Court's own motion the MOTION TO CONSOLIDATE FILED BY PLAINTIFF #57 set for July 20, 2015 at 10:00 a.m., is hereby taken off calendar, the hearing date vacated and will be decided without oral argument. (lc)
June 11, 2015 Opinion or Order Filing 61 ORDER by Judge Dean D. Pregerson: denying #54 Motion for Reconsideration Magistrate's Non-Dispositive Discovery Ruling. (shb)
June 3, 2015 Opinion or Order Filing 60 ORDER MODIFYING BRIEFING SCHEDULE #58 by Judge Dean D. Pregerson. 1) Defendants are granted a continuance to file an Opposition to Plaintiff's Motion to Consolidate [Document #57] until June 29, 2015. 2) Plaintiff's Reply shall be due July 6, 2015. 3) The hearing on the motion is hereby continued from June 22, 2015 to July 20, 2015 at 10:00 a.m. (jre)
June 2, 2015 Opinion or Order Filing 58 APPLICATION for Extension of Time to File DEFENDANTS REQUEST TO EXTEND THE TIME TO FILE AN OPPOSITION TO PLAINTIFFS MOTION TO CONSOLIDATE [DOCUMENT # 57] filed by Defendants City of Los Angeles, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Pantoja, D Randolph. Application set for hearing on 6/23/2015 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order)(Greenwood, Elizabeth)
May 29, 2015 Opinion or Order Filing 59 PLAINTIFF S REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS OBJECTION TOMAGISTRATES DECISION TO QUASH NOTICE OF DEPOSITION PURSUANT TO FRCP 30(b)(6), #55 filed by Plaintiff Richard J. Glair (shb)
May 19, 2015 Opinion or Order Filing 57 MOTION to Consolidate Cases, as to 15-cv-3079-R (RNBx), filed by Plaintiff Richard J. Glair. Motion set for hearing on 6/23/2015 at 10:00 AM before Judge Dean D. Pregerson. (shb)
May 19, 2015 Opinion or Order Filing 56 MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: A document, OBJECTION TO MAGISTRATE'S DECISION #54 was filed by the plaintiff and set for a hearing date of June 1, 2015 at 10:00 a.m. The Court views this as a NOTICED MOTION AND MOTION FOR RECONSIDERATION OF THE ORDER ON EX PARTE APPLICATION TO QUASH and notes an Opposition has been filed. The Reply (if any) shall be filed not later than May 29, 2015. Said Motion is hereby taken off calendar, the hearing date vacated and will be decided without oral argument. (lc)
May 14, 2015 Opinion or Order Filing 55 OPPOSITION DFS' OPPOSITION TO PF'S OBJECTION TO MAGISTRATE'S DECISION PURSUANT TO F.R.C.P. 72 (B)(2) re: EX PARTE APPLICATION to Quash Summons /DEPOSITION NOTICE OF A PERSON IDENTIFIED UNDER RULE 30(B)(6) #49 filed by Defendants City of Los Angeles, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Pantoja, D Randolph. (Greenwood, Elizabeth)
May 1, 2015 Opinion or Order Filing 54 OBJECTION TO MAGISTRATE'S DECISION PURSUANT TO FRCP 72 (b) #52 filed by Plaintiff Richard J. Glair. (lc) Modified on 5/19/2015 (lc). (PER 5/19/15 MINUTES VIEWED BY THE COURT AS MOTION FOR RECONSIDERATION). Modified on 5/19/2015 (lc).
April 20, 2015 Opinion or Order Filing 53 AMENDED Exhibit List in Opposition to Defendants Ex Parte Motion to Quash a Deposition Under FRCE 30(b)(6) filed by Plaintiff Richard J. Glair. (kh)
April 17, 2015 Opinion or Order Filing 52 ORDER ON EX PARTE APPLICATION TO QUASH THE DEPOSITION NOTICE OF A PERSON IDENTIFIED UNDER RULE 30 (B)(6) by Magistrate Judge Jay C. Gandhi granting #49 Ex Parte Application to Quash Summons. The deposition notice of a Person Identified Under Rule 30(B)(6) be quashed without prejudice. (kh)
April 15, 2015 Opinion or Order Filing 51 OPPOSITION TO DEFENDANTS EX PARTE APPLICATION TO QUASH DEPOSITION UNDER FRCP 30(B)(6) #49 filed by Plaintiff Richard J. Glair. (lc)
April 15, 2015 Opinion or Order Filing 50 PLAINTIFF'S OPPOSITION EX PARTE APPLICATION to Quash Summons /DEPOSITION NOTICE OF A PERSON IDENTIFIED UNDER RULE 30(B)(6) #49 filed by Plaintiff Richard J. Glair. (shb)
April 13, 2015 Opinion or Order Filing 49 EX PARTE APPLICATION to Quash Summons /DEPOSITION NOTICE OF A PERSON IDENTIFIED UNDER RULE 30(B)(6) filed by Defendants Charlie Beck, City of Los Angeles, Fernandez, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Pantoja, D Randolph. (Attachments: #1 Proposed Order)(Greenwood, Elizabeth)
March 16, 2015 Opinion or Order Filing 48 MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson:LOCAL RULE 16-14.4 - a SETTLEMENT CONFERENCE is mandatory. In addition, ATTACHMENT A, regarding a Motion for Summary Judgment is attached. (lc)
March 9, 2015 Opinion or Order Filing 47 ORDER by Magistrate Judge Jay C. Gandhi: granting #46 Ex Parte Application to Quash Deposition Notice of Charles Beck. (twdb)
March 2, 2015 Opinion or Order Filing 46 EX PARTE APPLICATION to Quash Notice of Taking Deposition of CHARLES BECK Declaration of Elizabeth L. Greenwood; Exhibits A - C filed by Defendants Charlie Beck, City of Los Angeles, Fernandez, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Pantoja, D Randolph. (Attachments: #1 Proposed Order)(Greenwood, Elizabeth)
February 17, 2015 Opinion or Order Filing 45 ORDER/REFERRAL to ADR Procedure No 1 by Judge Dean D. Pregerson. Case ordered to Magistrate Judge Jay C. Gandhi for Settlement Conference. (lc)
February 17, 2015 Opinion or Order Filing 44 ORDER ON JOINT STIPULATION TO CONTINUE ALL SCHEDULED DATES INCLUDING PRETRIAL CONFERENCE AND TRIAL DATES by Judge Dean D. Pregerson: Discovery cut-off 6/16/2015., Proposed Pretrial Order due by 8/12/2015., Last date to conduct settlement conference is 6/30/2015. Pretrial Conference set for 8/17/2015 11:00 AM. Jury Trial set for 8/25/2015 09:00 AM ( SEE DOCUMENT FOR OTHER DATES) (lc)
February 10, 2015 Opinion or Order Filing 43 Joint STIPULATION to Continue Pre-Trial & Trial Dates filed by Defendants City of Los Angeles, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Pantoja, D Randolph. (Attachments: #1 Proposed Order)(Greenwood, Elizabeth)
December 15, 2014 Opinion or Order Filing 42 ANSWER to Amended Complaint, #34 filed by Defendants Charlie Beck, City of Los Angeles, Fernandez, John N. Incontro, Ron Lee, Robert A Lopez, Robert (Gerald) McCarthy, Pantoja, D Randolph.(Attorney Elizabeth L Greenwood added to party Charlie Beck(pty:dft), Attorney Elizabeth L Greenwood added to party Fernandez(pty:dft), Attorney Elizabeth L Greenwood added to party Ron Lee(pty:dft), Attorney Elizabeth L Greenwood added to party Robert A Lopez(pty:dft), Attorney Elizabeth L Greenwood added to party Robert (Gerald) McCarthy(pty:dft), Attorney Elizabeth L Greenwood added to party Pantoja(pty:dft), Attorney Elizabeth L Greenwood added to party D Randolph(pty:dft))(Greenwood, Elizabeth)
December 10, 2014 Opinion or Order Filing 41 MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D Pregerson. Counsel are referred to the courts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INSTRUCTIONS). (lc)
December 2, 2014 Opinion or Order Filing 40 ORDER OF THE CHIEF JUDGE (#14-096) approved by Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the RETIREMENT of Judge Gary A. Feess, this case is transferred from Judge Gary A. Feess to the calendar of Judge Dean D. Pregerson for all further proceedings. The case number will now reflect the initials of the transferee Judge CV13-08946 DDP (JCGx). (mg)
November 13, 2014 Opinion or Order Filing 39 MINUTES (IN CHAMBERS): ORDER re: Motion to Amend Schedule by Judge Gary A. Feess: The Court previously granted Plaintiff's motion to amend the complaint to add newly identified defendants. Plaintiff now moves to amend the schedule to allow for additional discovery in this case. Having read and considered the motion #38 , it is GRANTED. The modified schedule is attached to this order. (smo)
November 3, 2014 Opinion or Order Filing 38 MOTION for Order for MODIFYING SCHEDULING ORDER filed by Plaintiff Richard J. Glair. Motion set for hearing on 12/1/2014 at 09:30 AM before Judge Gary A. Feess. (lom)
October 28, 2014 Opinion or Order Filing 37 NOTICE OF DISCREPANCY AND ORDER by Judge Gary A. Feess, ORDERING Motion to Modify the Scheduling Order submitted by Plaintiff Richard J. Glair received on 10/24/14 is not to be filed but instead rejected. Denial based on: Local Rule 6-1: Written notice of motion lacking timeliness of notice incorrect. (bm)
October 27, 2014 Opinion or Order Filing 36 NOTICE OF CLERICAL ERROR: Due to clerical error, the following scanned document has been corrected as indicated below. Motion to Modify the Scheduling Order Pursuant to FRCP 16(b)4, Filed date: October 24, 2014. Other: The attached motion was erroneously stamped "Filed" on 10/24/14. Because the motion date listed on the pleading is untimely, the document should have been stamped "Received But Not Filed" and forwarded to Judge Feess with a Notice of Document Discrepancies for review. The "Filed" stamp has been crossed out and replaced with the stamp "Received But Not Filed." The document has been forwarded to Judge Feess for further review. (bm)
October 3, 2014 Opinion or Order Filing 35 NOTICE OF UNAVAILABILITY OF DEFENSE COUNSEL ELIZABETH GREENWOOD FROM OCTOBER 4, 2014 TO OCTOBER 14, 2014 filed by DEFENDANTS City of Los Angeles, John N. Incontro. (Greenwood, Elizabeth)
September 18, 2014 Opinion or Order Filing 34 FIRST AMENDED COMPLAINT against defendants City of Los Angeles, John N. Incontro, Robert A Lopez, D Randolph, D Raneoupia, Robert (Gerald) McCarthy, Fernandez, Ron Lee, Pantoja, John Does 1-4, Charlie Beck; Party John Does (1-6) and Los Angeles Police Department terminated amending Notice of Removal #1 , filed by plaintiff Richard J. Glair (bm)
September 18, 2014 Opinion or Order Filing 33 MINUTES (IN CHAMBERS): ORDER re: Motion to Amend by Judge Gary A. Feess. Plaintiff's motion for leave to file a first amended complaint #31 is GRANTED. The proposed first amended complaint, submitted with Plaintiff's motion asDocket No. 31-1, is deemed FILED. The hearing previously scheduled for eptember 22, 2014, is hereby VACATED. See document for details. (smo)
August 28, 2014 Opinion or Order Filing 32 NOTICE OF CLERICAL ERROR: Due to clerical error Re: DOCKET ENTRY has been corrected re: First Amended Complaint filed 8/27/2014 re: MOTION for Leave to file First Amended Complaint #31 . Plaintiff's First Amended Complaint was erroneously stamped "Filed". Because Plaintiff motioned the Court for Permission to file his FAC, the FAC must be stamped "Lodged" pending disposition of the motion by Judge Feess. The "Filed" stamp has been crossed out and replaced with the "Lodged" stamp. (lw)
August 27, 2014 Opinion or Order Filing 31 MOTION to file First Amended Complaint filed by plaintiff Richard J. Glair. Motion set for hearing on 9/22/2014 at 09:30 AM before Judge Gary A. Feess.Lodged First Amended Complaint. (Attachments: #1 LODGED FIRST AMENDED COMPLAINT)(lw)
May 30, 2014 Opinion or Order Filing 30 SCHEDULING AND CASE MANAGEMENT ORDER by Judge Gary A. Feess: Amended Pleadings due by 8/29/2014. Discovery cut-off 10/31/2014. Motions in Limine to be filed by 12/15/2014. Last day for hearing motions is 11/17/2014. Proposed Pretrial Order due by 12/8/2014. Last date to conduct settlement conference is 11/24/2014. Pretrial Conference set for 12/15/2014 at 3:30 PM and Jury Trial set for 1/13/2015 at 8:30 AM before Judge Gary A. Feess. See document for details. (smo)
May 19, 2014 Opinion or Order Filing 29 Letter from Richard J. Glair. (bm)
April 30, 2014 Opinion or Order Filing 28 ORDER DENYING PLAINTIFFS REQUEST TO DISQUALIFY JUDGE FEESS #25 by Judge Stephen V. Wilson: (pj)
April 24, 2014 Opinion or Order Filing 27 MINUTE ORDER IN CHAMBERS by Judge Gary A. Feess: Order re: Request for Recusal. Plaintiff Richard J. Glair, who is displeased with the Court's ruling with respect to some of his claims, has filed a pleading entitled "Plaintiff's request for Recusal Pursuant to 26 U.S.C. 455(a)." To the extent that it is a request to self-recuse, it #25 is DENIED. However, the pleading is more properly viewed as a motion to disqualify which should be assigned to another judge for decision. The Court refers the matter back to the Clerk's office for reassignment. (smo)
April 23, 2014 Opinion or Order Filing 26 REFERRAL OF MOTION to Disqualify Judge Gary A. Feess has been filed. Pursuant to GO 08.05 and Local Rule 72-5 MOTION to Disqualify Judge Gary A. Feess #25 is referred to Judge Stephen V. Wilson for determination. (rn)
April 22, 2014 Opinion or Order Filing 25 NOTICE OF MOTION AND MOTION to Recuse Judge Gary A. Feess filed by Plaintiff Richard J. Glair. (rn)
April 17, 2014 Opinion or Order Filing 24 NOTICE OF CLERICAL ERROR: Due to clerical error, the following docket entry has been corrected as indicated below. Re: Minutes (In Chambers): Order 22 . Filed Date: 4/17/2014. Document has been re-numbered as document number 23. (bm)
April 17, 2014 Opinion or Order Filing 23 MINUTES (IN CHAMBERS): ORDER re: Motion for Relief From Judgment by Judge Gary A. Feess: Plaintiff's current motion 19 must be DENIED. The hearing previously scheduled for Monday, April 28, 2014, is hereby VACATED. In light of his recent motions, the Court would like to remind Plaintiff that a number of his claims are still active; the case itself has not been dismissed. See document for details. (smo)
April 17, 2014 Opinion or Order Filing 22 MINUTES (IN CHAMBERS): ORDER re: Motion for Relief From Judgment by Judge Gary A. Feess: Plaintiff's current motion #19 must be DENIED. The hearing previously scheduled for Monday, April 28, 2014, is hereby VACATED. In light of his recent motions, the Court would like to remind Plaintiff that a number of his claims are still active; the case itself has not been dismissed. (smo)
April 14, 2014 Opinion or Order Filing 21 PLAINTIFF'S REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFF'S MOTION PURSUANT TO RCP 60(B) And 6 And 28 U.S.C. 1292(b) #20 filed by Plaintiff Richard J. Glair (bm)
April 7, 2014 Opinion or Order Filing 20 OPPOSITION to MOTION for Relief MOTION for Order #19 DEFENDANTS CITY OF LOS ANGELES AND JOHN M. INCONTRO'S OPPOSITION TO PLAINTIFF'S MOTION PURSUANT TO FRCP 60(B)(1) & (6) and 28 U.S.C.1292(b) filed by Defendants City of Los Angeles, John N. Incontro. (Greenwood, Elizabeth)
March 28, 2014 Opinion or Order Filing 19 PLAINTIFF'S MOTION PURSUANT TO FRCP 60(b)(1) and (6) For Relief From Judgment For Mistake And From Judgment To Allow Court To Issue Order For An Interloctury Appeal Under 28 U.S.C. 1292(b). Motion set for hearing on 4/28/2014 at 9:30 AM before Judge Gary A. Feess, filed by plaintiff Richard J. Glair. (bm)
March 19, 2014 Opinion or Order Filing 18 ORDER (IN CHAMBERS) RE: MOTION FOR RECONSIDERATION by Judge Gary A. Feess. Plaintiff's motion for reconsideration is DENIED. The hearing previously scheduled for Monday, March 31, 2014, is hereby VACATED. SEE ORDER FOR DETAILS. (cb)
March 17, 2014 Opinion or Order Filing 17 PLAINTIFF'S REPLY TO Defendants' Opposition to Plaintiff's MOTION for Reconsideration filed by Plaintiff Richard J. Glair. re MOTION for Reconsideration Order on Motion for Judgment on the Pleadings, #13 #14 (lw)
March 10, 2014 Opinion or Order Filing 15 OPPOSITION re: MOTION for Reconsideration re Order on Motion for Judgment on the Pleadings,,,, #13 #14 filed by Defendants City of Los Angeles, John N. Incontro. (Greenwood, Elizabeth)
March 7, 2014 Opinion or Order Filing 16 JOINT SCHEDULING CONFERENCE REPORT PURSUANT TO RULE 26(f) filed by Plaintiff Richard J. Glair. (bm)
February 28, 2014 Opinion or Order Filing 14 NOTICE OF MOTION AND MOTION for Reconsideration Under FRCP 59(e) filed by plaintiff Richard J. Glair. Motion set for hearing on 3/31/2014 at 09:30 AM before Judge Gary A. Feess. re Order on Motion for Judgment on the Pleadings, #13 (lw)
February 19, 2014 Opinion or Order Filing 13 MINUTES (IN CHAMBERS): ORDER RE: MOTION FOR JUDGMENT ON THE PLEADINGS by Judge Gary A. Feess: Defendants' motion for judgment on the pleadings is GRANTED and Plaintiff's four state-law claims are DISMISSED. The hearing previously scheduled for Monday, February 24, 2014, is hereby VACATED. Additionally, the Court recently issued Plaintiff an order to show cause why this case should not be dismissed for lack of prosecution. Plaintiff has not responded, indicating the steps he has taken so far in this case. However, he has still not arranged to file a Rule 26(f) Joint Report, which is essential to the prosecution of this lawsuit. The Court will not vacate its order to show cause unless and until a Rule 26(f) Joint Report is submitted. Plaintiff is to meet and confer with defense counsel no later than February 28, 2014 to arrange for the preparation of the report. Defense counsel is expected to cooperate with plaintiff in the preparation of the document. The report must be filed with the Court no later than Friday, March 7, 2014. #8 . (bp)
February 14, 2014 Opinion or Order Filing 12 PLAINTIFF'S RESPONSE TO COURT'S ORDER TO SHOW CAUSE DATED FEBRUARY 6, 2014 filed by Plaintiff Richard J. Glairto Minutes of In Chambers Order/Directive - no proceeding held, Order to Show Cause, Set/Reset Deadlines/Hearings,,, #10 (bp)
February 10, 2014 Opinion or Order Filing 11 REPLY MOTION for Judgment on the Pleadings as to on the Pleadings #8 DEFENDANTS CITY OF LOS ANGELES AND JOHN M. INCONTRO'S REPLY TO PLAINTIFF'S OPPOSITION TO THEIR MOTION FOR JUDGMENT ON THE PLEADINGS filed by Defendants City of Los Angeles, John N. Incontro. (Greenwood, Elizabeth)
February 6, 2014 Opinion or Order Filing 10 MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Gary A. Feess. Having failed to timely arrange to file a Federal Rules of Civil Procedure Rule 26(f) Joint Report, Plaintiff is ORDERED TO SHOW CAUSE why this case should not be dismissed for lack of prosecution. The response to this OSC is due no later than the close of business, Friday, February 14, 2014. The Scheduling Conference now set for February 10, 2014, is VACATED. RE: ( Response to Order to Show Cause due by 2/14/2014.) (lw)
February 3, 2014 Opinion or Order Filing 9 PLAINTIFF'S OPPOSITION TO DEFENDANTS MOTION FOR JUDGEMENT ON THE PLEADINGS filed by Plaintiff Richard J. Glair. IN OPPOSITION TO re: MOTION for Judgment on the Pleadings as to on the Pleadings #8 (lw)
January 17, 2014 Opinion or Order Filing 8 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to on the Pleadings filed by Defendant City of Los Angeles, John N. Incontro. Motion set for hearing on 2/24/2014 at 09:30 AM before Judge Gary A. Feess. (Attachments: #1 Proposed Order)(Attorney Kelly N Kades added to party City of Los Angeles(pty:dft), Attorney Kelly N Kades added to party John N. Incontro(pty:dft))(Kades, Kelly)
December 16, 2013 Opinion or Order Filing 7 ORDER REGARDING RULE 26(f) CONFERENCE AND JOINT REPORT by Judge Gary A. Feess. Scheduling Conference set for 2/10/2014 AT 01:30 PM before Judge Gary A. Feess. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
December 13, 2013 Opinion or Order Filing 6 CERTIFICATE OF SERVICE filed by DEFENDANTS City of Los Angeles, John N. Incontro, re Notice of Removal, #1 CERTIFICATE OF SERVICE OF NOTICE TO ADVERSE PARTY RE: REMOVAL OF ACTION TO FEDERAL COURT served on December 9, 2013. (Greenwood, Elizabeth)
December 10, 2013 Opinion or Order Filing 5 First Supplemental Ceertification as of Interested Parties filed by Defendants City of Los Angeles, John Does, Los Angeles Police Department, (Greenwood, Elizabeth)
December 10, 2013 Opinion or Order Filing 4 ANSWER to Notice of Removal, #1 JURY DEMAND. filed by Defendants City of Los Angeles, John Does, Los Angeles Police Department.(Attorney Elizabeth L Greenwood added to party John Does(pty:dft), Attorney Elizabeth L Greenwood added to party Los Angeles Police Department(pty:dft))(Greenwood, Elizabeth)
December 4, 2013 Opinion or Order Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
December 4, 2013 Opinion or Order Filing 2 CERTIFICATION AS TO Interested Parties filed by Defendants City of Los Angeles, John N. Incontro. (et) (mg).
December 4, 2013 Opinion or Order Filing 1 NOTICE OF REMOVAL from Superior Court of CA for the County of Los Angeles, case number BC526434 with CONFORMED FILED copy of summons and complaint. Case assigned to Judge Gary A. Feess, Discovery to Magistrate Judge Jay C. Gandhi. (Filing fee $ 400 PAID.), filed by Defendants City of Los Angeles, John N. Incontro. (et) (mg).
December 4, 2013 Opinion or Order CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Richard J. Glair, upon Defendant City of Los Angeles served on 11/4/2013, answer due 11/25/2013. in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. [Filed in State Court on 11/4/2013 Submitted Attached to Exhibit 2 to Notice of Removal.] (et)
December 4, 2013 Opinion or Order CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Richard J. Glair, upon Defendant John N. Incontro served on 11/4/2013, answer due 11/25/2013. in compliance with statute not specified by personal service. Original Summons NOT returned. [Filed in State Court on 11/4/2013 Submitted Attached to Exhibit 3 to Notice of Removal.] (et)

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Defendant: John Incontro
Represented By: Elizabeth Anne Mitchell
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Defendant: Thom Peters
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Defendant: Cory Brente
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Defendant: Robert McCarty
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Defendant: John Doe Supervisors
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Defendant: Charles Beck
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Defendant: Gerardo Pantoja
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Defendant: Sgt D Raneoupia
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Defendant: Johnathan Pultz
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Defendant: City of Los Angeles
Represented By: Elizabeth Anne Mitchell
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Defendant: Ron Lee
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Defendant: Detective Fernandez
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Defendant: Incontro
Represented By: Elizabeth L Greenwood
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Defendant: John A
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Defendant: John Does
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Defendant: Elizabeth Greenwood
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Defendant: Los Angeles Police Department
Represented By: Elizabeth L Greenwood
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Defendant: Det Robert (Gerald) McCarthy
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Defendant: Police Commissioner
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Defendant: Kelly Sandell
Represented By: Elizabeth Anne Mitchell
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Defendant: Sgt. D Randolph
Represented By: Elizabeth L Greenwood
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Defendant: Robert Lopez
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Plaintiff: Richard J. Glair
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