Shawndeeia Bowen v. County of Los Angeles, et al
| Shawndeeia Bowen, S.L.T., K.L.T., L.T, K.S.T., M.L.T., G.G. and M.A.T. |
| Jenine Mercer, Kimberly Milton-Johnson, COUNTY OF LOS ANGELES,, The Los Angeles County Department of Children and Family Services, Alejandra Salomon, Margarita Gonzalez, Angela Parks-Pyles, DOES 1 THROUGH 50, Inclusive, Dalila Sandoval and County of Los Angeles |
| Lee Blackman |
| 2:2017cv08221 |
| November 10, 2017 |
| US District Court for the Central District of California |
| Percy Anderson |
| Alexander F MacKinnon |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2018. A more recent docket listing may be available from PACER.
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| Filing 78 APPLICATION to the Clerk to Tax Costs against Plaintiff Shawndeeia Bowen filed by Defendants Dalila Sandoval, County of Los Angeles, Alejandra Salomon, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles. (Graham, Ryan) |
| Filing 77 JUDGMENT by Judge Percy Anderson, in favor of defendants Alejandra Salomon, Dalila Sandoval, Jenine Mercer, Kimberly Milton-Johnson, Margarita Gonzalez, and the County and against plaintiff Shawndeeia Bowen Related to: Order on Motion for Summary Judgment, #76 . (MD JS-6, Case Terminated). (mrgo) |
Filing 76
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #70 for Summary Judgment. For all of the foregoing reasons, the Court concludes that Defendants are entitled to summary judgment on Bowen's familial association and Monell claims. The Court will enter a Judgment consistent with both this Order and the Courts June 8, 2018 Minute Order dismissing the claims of the Minors without prejudice. (See document for details) (mrgo)
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| Filing 75 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff Shawndeeia Bowen's first and second claims for relief set fourth in her second amended complaint #70 filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval. (Graham, Ryan) |
| Filing 74 MEMORANDUM in Opposition to Defendants Declarations to Motion for Summary Judgment filed by Plaintiff Shawndeeia Bowen. (Attachments: #1 Declaration Ardelphia Bowen, #2 Declaration Betrayn Drinkard, #3 Declaration Alice Ames)(Ginko, Viktor) |
| Filing 73 MEMORANDUM in Opposition Defendants Motion for Summary Judgment filed by Plaintiff Shawndeeia Bowen. (Attachments: #1 Declaration Declaration of Viktor V. Ginko, Esq., #2 Declaration Declaration of Shwndeeia Bowen, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Declaration Declaration of Ms. Ardelphia Bowen, #10 Declaration Declaration of Mr. Drinkard, #11 Declaration Declaration of Alice Ames, #12 Plaintiff's Objection to Separate Statement)(Ginko, Viktor) |
| Filing 72 NOTICE OF ERRATA filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval. correcting NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff Shawndeeia Bowen's first and second claims for relief set fourth in her second amended complaint #70 (Attachments: #1 CORRECTED - Notice of MSJ)(Graham, Ryan) |
| Filing 71 SEALED DOCUMENT Exhibits 1-7, 10, 12-22, and 24-26 re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff Shawndeeia Bowen's first and second claims for relief set fourth in her second amended complaint #70 , Order on Motion for Leave to File Document Under Seal #69 filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval. (Attachments: #1 Unredacted Document Exhibit 1, #2 Unredacted Document Exhibit 2, #3 Unredacted Document Exhibit 3, #4 Unredacted Document Exhibit 4, #5 Unredacted Document Exhibit 5, #6 Unredacted Document Exhibit 6, #7 Unredacted Document Exhibit 7, #8 Unredacted Document Exhibit 10, #9 Unredacted Document Exhibit 12, #10 Unredacted Document Exhibit 13, #11 Unredacted Document Exhibit 14, #12 Unredacted Document Exhibit 15, #13 Unredacted Document Exhibit 16, #14 Unredacted Document Exhibit 17, #15 Unredacted Document Exhibit 18, #16 Unredacted Document Exhibit 19, #17 Unredacted Document Exhibit 20, #18 Unredacted Document Exhibit 21, #19 Unredacted Document Exhibit 22, #20 Unredacted Document Exhibit 24, #21 Unredacted Document Exhibit 25, #22 Unredacted Document Exhibit 26)(Graham, Ryan) |
| Filing 70 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff Shawndeeia Bowen's first and second claims for relief set fourth in her second amended complaint filed by Defendants County of Los Angeles, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval. Motion set for hearing on 11/26/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Separate Statement, #2 Declaration Alice Ames, #3 Declaration Ardelphia Bowen, #4 Declaration Betrayn Drinkard, #5 Declaration Alejandra Salomon, #6 Declaration Angela Park-Pyles, #7 Declaration Dalila Sandoval, #8 Declaration Jeanine St. Hill, #9 Declaration Kimberley Johnson, #10 Declaration Margarita Gonzalez, #11 Declaration Journee Jeffers, #12 Declaration Joy Wunderlich, #13 Declaration Penny Hickey, #14 Declaration Stacey Miller, #15 Declaration Wayne Mraz, #16 Declaration Tameka Young, #17 Declaration of Ryan Graham, #18 Exhibit 8, #19 Exhibit 9, #20 Exhibit 11, #21 Exhibit 23, #22 Exhibit 27, #23 Proposed Order) (Graham, Ryan) |
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Filing 69
ORDER GRANTING APPLICATION TO FILE DOCUMENTS UNDER SEAL by Judge Percy Anderson re: #67 APPLICATION to Seal Documents. (See document for list) (mrgo)
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| Filing 68 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibit 1-7, 10, 12-22, and 24-26 to MSJ) under seal #67 filed by Defendants County of Los Angeles, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval. (Attachments: #1 Unredacted Document Exhibit 1, #2 Unredacted Document Exhibit 2, #3 Unredacted Document Exhibit 3, #4 Unredacted Document Exhibit 4, #5 Unredacted Document Exhibit 5, #6 Unredacted Document Exhibit 6, #7 Unredacted Document Exhibit 7, #8 Unredacted Document Exhibit 10, #9 Unredacted Document Exhibit 12, #10 Unredacted Document Exhibit 13, #11 Unredacted Document Exhibit 14, #12 Unredacted Document Exhibit 15, #13 Unredacted Document Exhibit 16, #14 Unredacted Document Exhibit 17, #15 Unredacted Document Exhibit 18, #16 Unredacted Document Exhibit 19, #17 Unredacted Document Exhibit 20, #18 Unredacted Document Exhibit 21, #19 Unredacted Document Exhibit 22, #20 Unredacted Document Exhibit 24, #21 Unredacted Document Exhibit 25, #22 Unredacted Document Exhibit 26)(Graham, Ryan) |
| Filing 67 APPLICATION to file document (Exhibit 1-7, 10, 12-22, and 24-26 to MSJ) under seal filed by Defendants County of Los Angeles, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval. (Attachments: #1 Proposed Order, #2 Redacted Document Exhibit 1, #3 Redacted Document Exhibit 2, #4 Redacted Document Exhibit 3, #5 Redacted Document Exhibit 4, #6 Redacted Document Exhibit 5, #7 Redacted Document Exhibit 6, #8 Redacted Document Exhibit 7, #9 Redacted Document Exhibit 10, #10 Redacted Document Exhibit 12, #11 Redacted Document Exhibit 13, #12 Redacted Document Exhibit 14, #13 Redacted Document Exhibit 15, #14 Redacted Document Exhibit 16, #15 Redacted Document Exhibit 17, #16 Redacted Document Exhibit 18, #17 Redacted Document Exhibit 19, #18 Redacted Document Exhibit 20, #19 Redacted Document Exhibit 21, #20 Redacted Document Exhibit 22, #21 Redacted Document Exhibit 24, #22 Redacted Document Exhibit 25, #23 Redacted Document Exhibit 26)(Graham, Ryan) |
| Filing 66 TRANSCRIPT ORDER as to Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval for Court Reporter. Court will contact Lilliana Rosales at lrosales@pbbllp.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Graham, Ryan) |
| Filing 65 NOTICE of Release of Juvenile Case File filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval. (Graham, Ryan) |
| Filing 64 PLAINTIFFS RESPONSE TO THE COURTS ORDER FOR JUVENILE CASE FILE PETITION (ECF NO. 61) filed by Plaintiff Shawndeeia Bowen (Attachments: #1 Exhibit Exhibit A - 9 pages, #2 Exhibit Exhibit B - 9 pages, #3 Exhibit Exhibit C - 9 pages, #4 Exhibit Exhibit D - 9 pages, #5 Exhibit Exhibit E - 9 pages, #6 Exhibit Exhibit F - 9 pages, #7 Exhibit Exhibit G - 9 pages)(Ginko, Viktor) |
| Filing 63 RESPONSE filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandovalto Status Conference - optional html form,,,,, Set/Reset Deadlines/Hearings,,,, #61 (Attachments: #1 Exhibit A - Petition, #2 Exhibit B - Petition, #3 Exhibit C - Petition, #4 Exhibit D - Petition, #5 Exhibit E - Petition, #6 Exhibit F - Petiton, #7 Exhibit G- Petition)(Graham, Ryan) |
| Filing 62 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #60 . The following error(s) was/were found: Title page is missing. 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. (mrgo) |
| Filing 60 Plaintiff's Request for Disclosure or Juvenile Records filed by Plaintiff Shawndeeia Bowen (Ginko, Viktor) |
| Filing 59 NOTICE Notice of Plaintiff's intent not to reintroduce claims of the seven (7) minor children filed by Plaintiff Shawndeeia Bowen. (Ginko, Viktor) |
| Filing 61 MINUTES OF FURTHER STATUS CONFERENCE held before Judge Percy Anderson. Counsel are ordered to provide the Court with a copy of the petition that was filed with the dependency court. The defendants are ordered to produce the redacted internal DCFS documents and a privilege log to the plaintiff by September 7, 2018. Failure to produce those documents by that date may result in the imposition of sanctions, which could include striking the county's answer and entering its default. The Court continues the deadline to noon of August 20, 2018 for counsel to submit an application for appointment of a guardian ad litem who does not have a conflict of interest, in order to reinstate the minors' claims. The Court sets a Final Pretrial Conference on January 4, 2019, at 1:30 p.m. The Trial is continued to January 29, 2019, at 8:30 a.m. Discovery cut-off date is continued to November 19, 2018. The deadline to hear motions is November 26, 2018. Please see attached Schedule of Pretrial and Trial dates. Court Reporter: Phyllis Preston. (mrgo) |
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Filing 58
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court advances the further status conference currently set for 1:30 p.m. on August 17, 2018, to 10:30 a.m. on that same date. (mrgo)
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| Filing 57 REPLY filed by Plaintiff Shawndeeia Bowen (Attachments: #1 Declaration Declaration of Vincent W. Davis, Esq., #2 Declaration Declaration of Daniel Sharpe, Esq., #3 Declaration Declaration of Marlene Romano)(Ginko, Viktor) |
| Filing 56 RESPONSE filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval (Attachments: #1 Declaration of Ryan A. Graham, #2 Exhibit A to Declaration of Ryan A. Graham, #3 Exhibit B to Declaration of Ryan A. Graham, #4 Declaration of Karla Hernandez, #5 Declaration of Shawn Luna)(Graham, Ryan) |
| Filing 55 MEDIATION REPORT Filed by Mediator (ADR Panel) Lee Blackman: Mediation held on August 8, 2018. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(mb) |
| Filing 54 MINUTES OF EX PARTE APPLICATION TO CONTINUE TRIAL DATE #50 Hearing held before Judge Percy Anderson. The Court orders parties to show cause in writing why they shouldn't be sanctioned for failing to timely disclose or to pursue the release of the DCFS internal documents. Responses to that order to show cause should be filed by noon on 8/15/18. The Court sets a Further Status Conference on 8/17/18, at 1:30 p.m. The Court continues the deadline to 8/17/18, for counsel to submit an application for appointment of a guardian ad litem who does not have a conflict of interest, in order to reinstate the minors' claims. Court Reporter: Phyllis Preston. (mrgo) |
| Filing 53 Defendants' Supplemental Disclosures Pursuant to Federal Rules of Civil Procedure Rule 26(e) filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval (Graham, Ryan) |
| Filing 52 Notice of Appearance or Withdrawal of Counsel: for attorney Viktor Viktorovich Ginko counsel for Plaintiff Shawndeeia Bowen. Adding Viktor V. Ginko as counsel of record for Shawndeeia Bowen; Minors L.T., G.G., K.L.T., K.S.T., M.A.T., M.L.T., S.L.T. for the reason indicated in the G-123 Notice. Filed by Plaintiff Shawndeeia Bowen. (Attorney Viktor Viktorovich Ginko added to party Shawndeeia Bowen(pty:pla))(Ginko, Viktor) |
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Filing 51
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court sets a hearing on the Ex Parte Application #50 filed by plaintiffs for Monday, August 6, 2018, at 1:30 p.m. Lead trial counsel for the parties shall attend the hearing in person. At the hearing, the parties should be prepared to discuss the status of discovery, whether they have scheduled a settlement conference in accordance with the deadline previously set by the Court, and what evidentiary or other sanctions the Court should impose for the parties' failures to diligently litigate their claims and defenses. IT IS SO ORDERED. See document for details. (lom)
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| Filing 50 EX PARTE APPLICATION to Continue Trial Date from October 23, 2018 to April 19, 2019 filed by Plaintiff Shawndeeia Bowen. (Attachments: #1 Declaration Declaration of Daniel C. Sharpe, Esq. in Support, #2 Proposed Order Proposed Order Granting Ex Parte Application) (Sharpe, Daniel) |
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Filing 49
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court has reviewed defendants' response to the Court's July 10, 2018 order to show cause why the Court should not vacate the dismissal of the minors' claims. Defendants do not oppose the reinstatement of the minors' claims. The Court will reinstate the minors' claims if, by no later than August 13, 2018, they submit an application for appointment of a guardian ad litem who does not have a conflict of interest. (mrgo)
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| Filing 48 RESPONSE filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandovalto Order on Motion for Order,,,, Telephone Conference,,,, Set/Reset Deadlines,,, #47 (Graham, Ryan) |
| Filing 47 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Percy Anderson. Before the Court is Defendants' Ex Parte Application for Order Continuing the Trial Date (Docket No. 44). For the reasons stated onthe record, the application to continue the trial date is denied. The currently scheduled trial andpretrial dates remain in effect. Based on plaintiffs' counsel representations on the record about the circumstances leading to the dismissal of the minors' claims, the defendants are ordered to show cause in writing why pursuant to Rule 60(b) the minors should not be relieved from the Court's order dismissing their claims and why their claims should not be reinstated subject to the appointment of an appropriate guardian ad litem. Defendants' written response shall be filed no later than July 24, 2018. Court Reporter: Lisa Gonzales. (mrgo) |
| Filing 46 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Percy Anderson. Court Reporter: Sheri Kleeger. Cause called; appearances made. Before the Court is Defendant's Ex Parte Application for Order Continuing the Trial Date #44 . Court and counsel confer. The matter is continued to July 10, 2018, at 1:30 p.m. (lom) |
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Filing 45
TEXT ONLY ENTRY ORDER by Judge Percy Anderson. Telephone Conference is set for 7/3/2018 at 11:30 AM before Judge Percy Anderson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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| Filing 44 EX PARTE APPLICATION for Order for to continue trial date filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Alejandra Salomon, Dalila Sandoval. (Attachments: #1 Declaration of Ryan A. Graham, #2 Exhibit A to Declaration of Ryan A. Graham, #3 Declaration of Alyssa Skolnick, #4 Proposed Order) (Graham, Ryan) |
| Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Avi Burkwitz counsel for Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval. Jessica You Lee 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 COUNTY OF LOS ANGELES, KIMBERLY MILTON-JOHNSON; ANGELA PARKS-PYLES; SALOMON; DALILA SANDOVAL;MARGARITA GONZALEZ; and JEANINE ST. HILL. (Burkwitz, Avi) |
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Filing 42
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. For all of the foregoing reasons, Court dismisses the claims of the minors L.T., G.G., K.L.T., K.S.T., M.A.T., M.L.T., and S.L.T. without prejudice for lack of prosecution and failure to comply with the Court's orders. See Fed. R. Civ. P. 41(b); see also Yourish, 191 F.3d at 98688; Ferdik, 963 F.2d at 1260. Plaintiff Shawndeeia Bowen's claims remain pending. (See document for details) (mrgo)
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| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Avi Burkwitz counsel for Defendants County of Los Angeles, Margarita Gonzalez, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval. Jessica You Lee 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 COUNTY OF LOS ANGELES, KIMBERLY MILTON-JOHNSON; ANGELA PARKS-PYLES; ALEJANDRA SALOMON; DALILA SANDOVAL;MARGARITA GONZALEZ;. (Attorney Avi Burkwitz added to party Alejandra Salomon(pty:dft), Attorney Avi Burkwitz added to party Dalila Sandoval(pty:dft))(Burkwitz, Avi) |
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Filing 40
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. (Show Cause Response due by 6/6/2018.) (mrgo)
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| Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel Christian Sharpe counsel for Plaintiff Shawndeeia Bowen. Daniel Christian Sharpe is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Shawndeeia Bowen. (Sharpe, Daniel) |
| Filing 37 substitution of counsel filed by Plaintiffs Shawndeeia Bowen, G.G., K.L.T., K.S.T., L.T, M.A.T., M.L.T., S.L.T. (Spaulding, Donald) |
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Filing 38
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court orders plaintiffs to submit an application for appointment of a guardian ad litem who does not have a conflict of interest by no later than May 14, 2018. Plaintiffs may consider seeking appointment of a guardian ad litem from the Probate Volunteer Panel of the Los Angeles County Superior Court. (mrgo)
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| Filing 36 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Minutes of In Chambers Order/Directive - no proceeding held #35 . Incorrect case was assigned to the document. This document was docketed to the wrong case. (mrgo) |
| Filing 34 NOTICE OF MEDIATION DATE filed. Mediation set for August 8, 2018.(Blackman, Lee) |
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Filing 35
[DOCKETED TO INCORRECT CASE. SEE DOC. NO. 36] MINUTE ORDER IN CHAMBERS - ORDER BIFURCATING MONELL & CANTON CLAIMS AND STAYING RELATED DISCOVERY by Judge Percy Anderson. (See document for details) (mrgo) Modified on 4/3/2018 (mrgo).
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Filing 33
ORDER DENYING JOINT STIPULATION TO CONTINUE TRIAL DATE AND ALL RELATED DEADLINES #32 by Judge Percy Anderson. (lom)
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| Filing 32 Joint STIPULATION to Continue Trial Date from October 23, 2018 to April 1, 2019 Re: Order on Motion for Order,,,,, #18 , Scheduling Order, #20 filed by Plaintiff Shawndeeia Bowen. (Attachments: #1 Proposed Order Proposed Order Granting Continuance of Trial date and Related Deadlines)(Sharpe, Daniel) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Ryan Augustine Graham counsel for Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval. Adding Ryan A. Graham as counsel of record for County of Los Angeles, Kimberly Milton Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval, Margarita Gonzalez, Jeanine St. Hill for the reason indicated in the G-123 Notice. Filed by Defendants County of Los Angeles. (Attorney Ryan Augustine Graham added to party County of Los Angeles(pty:dft), Attorney Ryan Augustine Graham added to party Margarita Gonzalez(pty:dft), Attorney Ryan Augustine Graham added to party Jenine Mercer(pty:dft), Attorney Ryan Augustine Graham added to party Kimberly Milton-Johnson(pty:dft), Attorney Ryan Augustine Graham added to party Angela Parks-Pyles(pty:dft), Attorney Ryan Augustine Graham added to party Alejandra Salomon(pty:dft), Attorney Ryan Augustine Graham added to party Dalila Sandoval(pty:dft))(Graham, Ryan) |
| Filing 30 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Lee Blackman has been assigned to serve as Panel Mediator. (mb) |
| Filing 29 ANSWER to Amended Complaint/Petition #28 with JURY DEMAND filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval.(Lee, Jessica) |
| Filing 28 SECOND AMENDED COMPLAINT against Defendants All Plaintiffs amending Amended Complaint, #12 , filed by Plaintiffs Shawndeeia Bowen(Sharpe, Daniel) |
| Filing 27 DECLARATION of Daniel C. Sharpe, Esq. re Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,, Set/Reset Deadlines,,,,,,, #24 re Guardian Ad Litem Appointment filed by Plaintiff Shawndeeia Bowen. (Sharpe, Daniel) |
| Filing 26 DECLARATION of Daniel C. Sharpe, Esq. re Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,, Set/Reset Deadlines,,,,,,, #24 re Service of Defendant Mercer filed by Plaintiff Shawndeeia Bowen. (Attachments: #1 Exhibit Proof of Service re Defendant Jenine Mercer aka Jeanine St. Hill)(Sharpe, Daniel) |
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Filing 25
ORDER RE: DEFENDANTS' REQUEST FOR ALTERNATE COUNSEL OF RECORD TO APPEAR AT THE HEARING ON MOTION TO DISMISS PLAINTIFF'S FAC by Judge Percy Anderson re: #23 REQUEST for Order. IT IS HEREBY ORDERED that Jessica Y. Lee, Esq. may appear at the February 5, 2018, hearing. (mrgo)
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| Filing 23 REQUEST for Order for Alternative Counsel of Record to Appear at Hearing filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval. (Attachments: #1 Proposed Order) (Lee, Jessica) |
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Filing 24
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Before the Court is a Motion to Dismiss First Amended Complaint filed by defendants County of Los Angeles, Angela Parks-Pyles, and Kimberly Milton-Johnson (Docket No. 19). Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for February 5, 2018, is vacated, and the matter taken off calendar. For all of the foregoing reasons, the Court grants in part, and denies in part, the Motion to Dismiss. Specifically, the Court denies the Motion to Dismiss the first claim as alleged against Milton-Johnson and Parks-Pyles. The Court grants the Motion to Dismiss the second claim alleged against Milton-Johnson and Parks-Pyles and the FAC's third claim, brought pursuant to Monell, against the County. The Court dismisses those claims with leave to amend. Plaintiffs' Second Amended Complaint, if any, shall be filed by no later than February 12, 2018. The Court, on its own motion, orders Plaintiffs to show cause in writing on or before February 12, 2018, why defendant Jenine Mercer should not be dismissed for lack of prosecution. The Court's review of the Notice of Removal also indicates that Bowen was appointed as the guardian ad litem of the Minors while this action was pending in Los Angeles Superior Court. Because Bowen is also a named plaintiff in this action, the Court is concerned that the appointment of her as the Minors' guardian ad litem may create a conflict of interest. Accordingly, the Court orders Plaintiffs to show cause in writing why Bowen's appointment as guardian ad litem should not be vacated. Plaintiffs' response to this Order to Show Cause shall be filed no later than February 12, 2018. (See document for further details) (mrgo)
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| Filing 22 REPLY filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval to Memorandum in Support of Motion, #19 Motion to Dismiss First Amended Complaint (Lee, Jessica) |
| Filing 21 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case In its entirety with prejudice #8 filed by Plaintiff Shawndeeia Bowen. (Sharpe, Daniel) |
| Filing 19 MEMORANDUM in Support NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT filed by Defendants County of Los Angeles, DOES, Margarita Gonzalez. (Attachments: #1 Declaration of Jessica Y. Lee, Esq. iso COLA's MTD FAC, #2 Exhibit A to Dec of Jessica Y. Lee, Esq. iso COLA's MTD FAC, #3 Exhibit B to Dec of Jessica Y. Lee, Esq. iso COLA's MTD FAC, #4 Proposed Order)(Attorney Jessica You Lee added to party DOES(pty:dft))(Lee, Jessica) |
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Filing 20
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)]: 1. Establishing a Discovery Cut-off Date of 8/13/2018; 2. Setting Motion Cut-off date of 8/20/2018; 3. Setting Final Pretrial Conference for 9/21/2018 at 1:30 PM; 4. Setting Jury Trial Date of 10/23/2018 at 9:00 AM by Judge Percy Anderson. See document for details. (gk)
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| Filing 18 MINUTES - IN CHAMBERS by Judge Percy Anderson: The Court has received the parties' joint 26(f) report and finds that a scheduling conference is not necessary. The scheduling conference currently on calendar for 1/8/2018 at 10:30 AM is hereby vacated, and the matter taken off calendar. This case is referred to the Court's Mediation Panel. Within 21 days, the parties must obtain the consent of a Panel Mediator who will conduct the mediation, and file form ADR-2, Stipulation Regarding Selection of Panel Mediator. Defendants' Request for Order for Alternative Counsel to Appear at Scheduling Conference #16 is denied as moot. The dates set by the Court are firm dates. Jury Trial set for 10/23/2018 at 9:00 AM. Hearing on Motions in Limine 10/15/2018 at 1:30 PM. Final Pretrial Conference set for 9/21/2018 at 1:30 PM. Final Pretrial Conference by 9/21/2018. Lodge Pretrial Conference Order, Exhibit & Witness Lists, Joint Status Report Regarding Settlement by 9/7/2018. Last Date to Conduct Settlement Conference 8/27/2018. Last Date to Conduct Settlement Conference 8/27/2018. Discovery Cut-off 8/13/2018. Last Day for Hearing on Motion to Amend Pleadings or Add Parties 4/2/2018. See document for further details. Court Reporter: Not Reported. (gk) |
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Filing 17
MINUTES OF IN CHAMBERS - ORDER BIFURCATING MONELL & CANTON CLAIMS AND STAYING RELATED DISCOVERY by Judge Percy Anderson: On the facts alleged in this action, it appears to the Court that the Monell and Canton claims may never have to be tried. The trial of the Monell and Canton claims is only likely if there is a judgment in favor of the Individual Officers on some ground other than the absence of a constitutional violation, such as qualified immunity. The Monell and Canton claims will be tried, if necessary, before a different jury at a date to be set in the future. With the exception set forth below, discovery is also hereby stayed on the Monell and Canton issues, defined as issues related only to the liability of the County on its allegedly unconstitutional policies, practices, or training procedures. As an exception to the above, discovery may proceed on any policy, practice, or training relied on by the Individual Defendants to support or justify a claim of qualified immunity. If requested in discovery, the Individual Defendants shall specify whether they claim qualified immunity and, if so, any policy, procedure, or training they will rely upon to support such a claim, and shall not later claim qualified immunity based on any unlisted policy, procedure, or training. See document for further details. Court Reporter: Not Reported. (gk)
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| Filing 16 REQUEST for Order for Alternative Counsel of Record to Appear at Scheduling Conference Hearing filed by Defendants County of Los Angeles, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval. (Attachments: #1 Proposed Order) (Lee, Jessica) |
| Filing 15 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-10 days, filed by Plaintiff Shawndeeia Bowen.. (Sharpe, Daniel) |
| Filing 14 CERTIFICATE of Interested Parties filed by Plaintiff All Plaintiffs, identifying Defendants County of Los Angeles, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval, Jeanine St. Hill, and Margarita Gonzalez. (Sharpe, Daniel) |
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Filing 13
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #8 MOTION to Dismiss Case. The Court has granted the parties' Stipulation to Amend Complaint and filed the plaintiffs' First Amended Complaint. Defendants' Motion to Dismiss (Docket No. 8) is denied as moot. The hearing calendared for January 8, 2017, is vacated and the matter taken off calendar. (mrgo)
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| Filing 12 FIRST AMENDED COMPLAINT against defendants County of Los Angeles, DOES, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval; Party The Los Angeles County Department of Children and Family Services terminated; amending Complaint - (Discovery) ; JURY DEMAND, filed by plaintiffs L.T, S.L.T., M.L.T., G.G., Shawndeeia Bowen, K.S.T., K.L.T., M.A.T.(mrgo) |
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Filing 11
ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT by Judge Percy Anderson, re Stipulation to Amend/Correct #10 : The Proposed First Amended Complaint is deemed filed as of the date of this Order. Please refer to the Court's order for specifics. (cr)
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| Filing 10 STIPULATION to AMEND Complaint - (Discovery) filed by Plaintiffs Shawndeeia Bowen. (Attachments: #1 Declaration Declaration of Daniel C. Sharpe in Support, #2 Exhibit Proposed First Amended Complaint, #3 Proposed Order Proposed Order)(Sharpe, Daniel) |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case In its entirety with prejudice #8 . The following error(s) was/were found: The proposed order is missing a date and signature line. 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. (mrgo) |
| Filing 8 NOTICE OF MOTION AND MOTION to Dismiss Case In its entirety with prejudice filed by Defendant County of Los Angeles. Motion set for hearing on 1/8/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Jessica Y. Lee, Esq., #2 Exhibit A to the Declaration of Jessica Y. Lee, #3 Exhibit B to the Declaration of Jessica Y. Lee, #4 Exhibit C to the Declaration of Jessica Y. Lee, #5 Proposed Order) (Lee, Jessica) |
| Filing 7 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE set for January 8, 2018, at 10:30 a.m. [FRCP 26(f)] by Judge Percy Anderson: This action has been assigned to the calendar of United States District Judge PercyAnderson. The responsibility for the progress of litigation in the federal courts falls not only upon the attorneys in the action, but upon the court as well.In order "to secure the just, speedy, and inexpensive determination of every action," (Fed. R. Civ. P. 1), all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. Please refer to the Court's order for additional information. (cr) |
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Filing 6
STANDING ORDER by Judge Percy Anderson: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. Both the Court and the attorneys bear responsibility for the progress of litigation in the Federal Courts. To secure the just, speedy, and inexpensive determination of every action, Fed. R. Civ. P. 1, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. Please refer to the Court's order for additional information. (cr)
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Alexander F. MacKinnon. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiffs Shawndeeia Bowen, L.T, S.L.T., M.L.T., G.G.,, K.S.T., K.L.T., and M.A.T in Los Angeles Superior Court on 5/1/2017, and attached to Notice of Removal as Exhibit A. (jtil) |
| Filing 3 CIVIL COVER SHEET filed by Defendants COUNTY OF LOS ANGELES,, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval, The Los Angeles County Department of Children and Family Services. (Lee, Jessica) |
| Filing 2 CERTIFICATE of Interested Parties filed by Defendants COUNTY OF LOS ANGELES,, Margarita Gonzalez, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval, identifying Shawndeeia Bowen, L.T., G.G., K.L.T., K.S.T., M.A.T., M.L.T., S.L.T., County of Los Angeles, Kimberly Milton-Johnson, Angela Parks-Pyles, Alejandra Salomon, Dalila Sandoval, Jenine Mercer, Margarita Gonzalez. (Lee, Jessica) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC659674 Receipt No: 0973-20810611 - Fee: $400, filed by Defendants Alejandra Salomon, The Los Angeles County Department of Children and Family Services, Dalila Sandoval, Margarita Gonzalez, COUNTY OF LOS ANGELES,, Jenine Mercer, Kimberly Milton-Johnson, Angela Parks-Pyles. (Attachments: #1 Declaration of Jessica Lee in Support of, #2 Exhibit A to Declaration Of Jessica Lee, #3 Exhibit B Declaration of Jessica Lee) (Attorney Jessica You Lee added to party COUNTY OF LOS ANGELES,(pty:dft), Attorney Jessica You Lee added to party Margarita Gonzalez(pty:dft), Attorney Jessica You Lee added to party Jenine Mercer(pty:dft), Attorney Jessica You Lee added to party Kimberly Milton-Johnson(pty:dft), Attorney Jessica You Lee added to party Angela Parks-Pyles(pty:dft), Attorney Jessica You Lee added to party Alejandra Salomon(pty:dft), Attorney Jessica You Lee added to party Dalila Sandoval(pty:dft), Attorney Jessica You Lee added to party The Los Angeles County Department of Children and Family Services(pty:dft))(Lee, Jessica) |
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