Alejandra Garcia et al v. City of Los Angeles et al
| Alejandra Garcia, Chance Brown, Stephen Thompson, Erick Herrera, Karissa Perez, Diana Salazar, Christopher Pearl, Brandon Gaviria, Amanda Flores, Oswaldo Perez, Mark Escalante, Kimberly Quitzon, Katherine Gerbasi, Brendon Smith, Danyelle Leah Sims, Kevin Jesus Ruiz, Elver Hernandez, Paris Washington, Jacqueline Wung, Eric Wilson, Aaron Walker Matis, Lacramioara Muntean, Kent Villa, Jasmin Rincon, Elizabeth Tooley, Ariana Willingham, Alicia Reyna, Aria Sonora Silva-Espinosa, Timothy Fulton, Samantha De Leon, Morgan Fangue, Leslye Alaniz, Katherine Gray, Katelynn Rhoads, Grace Evelyn Bowland, Enrico Maghelli, David Carmichael and Alycia Lourim |
| City of Los Angeles, Los Angeles Police Department, County of Los Angeles, Los Angeles County Sheriffs Department, City of Santa Monica, City of Beverly Hills and Does 1-100 inclusive |
| 2:2021cv06363 |
| August 6, 2021 |
| US District Court for the Central District of California |
| Percy Anderson |
| Charles F Eick |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 9, 2021. A more recent docket listing may be available from PACER.
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| Filing 28 Receipt of Order of Remand filed. (mrgo) |
| Filing 27 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court. (mrgo) |
Filing 26
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court has before it Plaintiffs' Notice of Voluntary Dismissal of Federal Claims Pursuant to August 17, 2021 Court Order. Plaintiffs seek dismissal without prejudice of Plaintiffs' Fourth, Fifth, and Sixth causes of action for violations of Plaintiffs' First, Fourth, and Fifth Amendment rights. The Court grants Plaintiffs' request for dismissal without prejudice of Plaintiffs' Fourth, Fifth and Sixth causes of action as to all defendants. For the reasons stated above, the Court grants Plaintiffs' request to dismiss without prejudice their federal claims. Because the Court has dismissed all federal claims over which it possessed original subject matter jurisdiction, the Court declines to exercise supplemental jurisdiction over Plaintiffs' remaining state law claims. The action is hereby remanded to the Los Angeles County Superior Court, Case No. 21 STCV07940. Case Terminated. Made JS-6. (See document for details) (mrgo)
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| Filing 25 NOTICE Notice of Voluntary Dismissal of Federal Claims Pursuant to 8.17.2021 Order filed by Plaintiff Alejandra Garcia. (Carpenter, John) |
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Filing 24
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson. It appears from the allegations in the 1st AC, that the 38 plaintiffs were not all subjected to the actions of all Defendants, or at the same event, or suffered the same injuries. Instead, it appears that the 38 plaintiffs were allegedly subjected to different actions by different municipalities on different days in different situations. While all Plaintiffs allege, for instance, claims for assault and battery against all Defendants, the 1st AC does not allege that facts indicating that each Plaintiff was assaulted or battered by all Defendants. The 1st AC also alleges that each municipality adopted its own curfew. The 1st AC does not appear to allege a connection between either the Plaintiffs or the Defendants that would support joining each of the 38 plaintiffs and 8 defendants together. Instead, it appears that Plaintiffs may have improperly joined not only their claims into a single action, but the claims against the Defendants as well. For these reasons, the Court orders Plaintiffs to show cause in writing no later than August 23, 2021, why one or more of the Plaintiffs and one or more of the Defendants should not be dropped from this case for improper joinder. (See document for full details) (mrgo)
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| Filing 23 CERTIFICATE OF SERVICE filed by Plaintiff Alejandra Garcia, Scheduling Order - Revised served on 8/16/2021. (Carpenter, John) |
| Filing 22 CERTIFICATE OF SERVICE filed by Plaintiff Alejandra Garcia, Scheduling Order served on 8/16/2021. (Carpenter, John) |
| Filing 21 NOTICE of Interested Parties filed by Defendant City of Santa Monica, (McNicholl, Steven) |
| Filing 20 ANSWER to Amended Complaint,,,, Answer of Defendants to Plaintiffs' First Amended Complaint; Demand for Jury Trial filed by Defendant City of Santa Monica.(McNicholl, Steven) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant City of Beverly Hills(a public entity). Motion set for hearing on 9/13/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Kraus, Roberta) |
| Filing 18 CERTIFICATE of Interested Parties filed by DEFENDANTS City of Los Angeles, Los Angeles Police Department, (Badalian Collins, Hasmik Jasmine) |
| Filing 17 ANSWER to Complaint - (Discovery),,,, Amended Complaint,,,, filed by DEFENDANTS City of Los Angeles, Los Angeles Police Department.(Badalian Collins, Hasmik Jasmine) |
| Filing 16 NOTICE of Interested Parties filed by Defendants County of Los Angeles, Los Angeles County Sheriffs Department, identifying Plaintiffs Alejandra Garcia, Chance Brown, Stephen Thompson, Erick Herrera, Karissa Perez, Diana Salazar, Christopher Pearl, Brandon Gaviria, Amanda Flores, Oswaldo Perez, Mark Escalante, Kimberly Quitzon, Katherine Gerbasi, Brendon Smith, Danyelle Leah Sims, Kevin Jesus Ruiz, Elver Hernandez, Paris Washington, Jacqueline Wung, Eric Wilson, Aaron Walker Matis, Lacramioara Muntean, Kent Villa, Jasmin Rincon, Elizabeth Tooley, Ariana Willingham, Alicia Reyna, Aria Sonora Silva-Espinoza, Timothy Fulton, Samantha De Leon, Morgan Fangue, Leslye Alaniz, Katherine Gray, Katelynn Rhoads, Grace Evelyn Bowland, Enrico Maghelli, David Carmichael, Alycia Lourim; Defendants City of Los Angeles, Los Angeles Police Department, County of Los Angeles, Los Angeles County Sheriff's Department, City of Santa Monica, Santa Monica Police Department, City of Beverly Hills, Beverly Hills Police Department. (Choi, Jin) |
| Filing 15 ANSWER to Amended Complaint,,,, filed by Defendants County of Los Angeles, Los Angeles County Sheriffs Department.(Beach, Paul) |
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Filing 14
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Consuelo B. Marshall, for the reasons set forth on this order. Related Case No. 2:20-cv-05027 CBM(ASx) (rn)
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| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Elyse Sadame Okada counsel for Defendants County of Los Angeles, Los Angeles County Sheriffs Department. Adding Elyse S. Okada as counsel of record for County of Los Angeles and Los Angeles County Sheriff's Department for the reason indicated in the G-123 Notice. Filed by Defendants County of Los Angeles and Los Angeles County Sheriff's Department. (Attorney Elyse Sadame Okada added to party County of Los Angeles(pty:dft), Attorney Elyse Sadame Okada added to party Los Angeles County Sheriffs Department(pty:dft))(Okada, Elyse) |
| Filing 12 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson. This action has been assigned to the calendar of United States District Judge Percy Anderson. Scheduling Conference set for 9/20/2021 at 10:30 AM. (iv) |
| Filing 11 NOTICE OF ERRATA filed by Defendant City of Beverly Hills. correcting Supplement #10 (Attachments: #1 Civil Cover Sheet from LASC #21STCV07490, #2 Proof of Service on City of Los Angeles from LASC #21STCV07490, #3 Proof of Service on LAPD from LASC #21STCV07490, #4 Proof of Service on County of LA from LASC #21STCV07490, #5 Proof of Service on LA County Sheriff from LASC #21STCV07490, #6 Proof of Service on City of Santa Monica from LASC #21STCV07490, #7 Proof of Service on Santa Monica PD from LASC #21STCV07490, #8 Proof of Service on City of Beverly Hills from LASC #21STCV07490, #9 Proof of Service on BHPD from LASC #21STCV07490)(Kraus, Roberta) |
| Filing 10 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),,, #1 filed by Defendant City of Beverly Hills. (Kraus, Roberta) |
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Filing 9
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 7 CERTIFICATE OF SERVICE filed by DEFENDANTS City of Los Angeles, Los Angeles Police Department, re Notice (Other), #4 OF JOINDER IN REMOVAL OF ACTION UNDER 28 U.S.C. SECTIONS 1441(A) AND 1446(A) BY DEFENDANTS CITY OF BEVERLY HILLS AND BEVERLY HILLS POLICE DEPARTMENT; DECLARATION OF HASMIK B. COLLINS IN SUPPROT THEREOF served on August 6, 2021. (Badalian Collins, Hasmik Jasmine) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Charles F. Eick. (ghap) |
| Filing 4 NOTICE NOTICE OF JOINDER IN REMOVAL OF ACTION UNDER 28 U.S.C. 1441 (a) and 1446 (a) BY DEFENDANTS CITY OF BEVERLY HILLS AND BEVERLY HILLS POLICE DEPARTMENT; DECLARATION OF HASMIK B. COLLINS IN SUPPORT THEREOF filed by DEFENDANTS, CITY OF LOS ANGELES AND LOS ANGELES POLICE DEPARTMENT City of Los Angeles, Los Angeles Police Department. (Badalian Collins, Hasmik Jasmine) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Beverly Hills Police Department, a public entity, City of Beverly Hills, a public entity, (Kraus, Roberta) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Beverly Hills Police Department, a public entity, City of Beverly Hills, a public entity. (Kraus, Roberta) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior, Central, case number 21STCV07940 Receipt No: ACACDC-31761515 - Fee: $402, filed by Defendants Beverly Hills Police Department, a public entity, City of Beverly Hills, a public entity. (Attachments: #1 Exhibit A - Complaint filed 2/26/2021, #2 Exhibit B - First Amended Complaint filed 6/15/2021, #3 Exhibit C - Joinder in Removal by City of Los Angeles and Los Angeles Police Department, #4 Exhibit D - Joinder in Removal by County of Los Angeles and Los Angeles County Sheriff's Department, #5 Exhibit E - Joinder in Removal by City of Santa Monica and Santa Monica Police Department) (Attorney Roberta A Kraus added to party Beverly Hills Police Department, a public entity(pty:dft), Attorney Roberta A Kraus added to party City of Beverly Hills, a public entity(pty:dft))(Kraus, Roberta) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants City of Beverly Hills(a public entity), City of Beverly Hills(a public entity ), City of Los Angeles, City of Santa Monica, City of Santa Monica(a public entity ), County of Los Angeles, Does 1 through 100, inclusive, Los Angeles County Sheriffs Department, Los Angeles Police Department. Jury Demanded., filed by plaintiffs Katherine Gray, Leslye Alaniz, Aaron Walker Matis, Christopher Pearl, Ariana Willingham, Elver Hernandez, Chance Brown, Alejandra Garcia, Paris Washington, Samantha De Leon, Kevin Jesus Ruiz, Elizabeth Tooley, Alicia Reyna, Aria Sonora Silva-Espinosa, Eric Wilson, Brendon Smith, Jasmin Rincon, Oswaldo Perez, Morgan Fangue, Grace Evelyn Bowland, Mark Escalante, Lacramioara Muntean, Kent Villa, Katherine Gerbasi, Timothy Fulton, Diana Salazar, Enrico Maghelli, Stephen Thompson, Amanda Flores, Kimberly Quitzon, Danyelle Leah Sims, Alycia Lourim, Brandon Gaviria, Erick Herrera, Katelynn Rhoads, David Carmichael, Jacqueline Wung, Karissa Perez. (FILED IN STATE COURT ON 2/26/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Denfendants City of Beverly Hills(a public entity), City of Beverly Hills(a public entity ), City of Los Angeles, City of Santa Monica, City of Santa Monica(a public entity ), County of Los Angeles, Does 1 through 100, inclusive, Los Angeles County Sheriffs Department, Los Angeles Police Department amending Complaint - (Discovery),, filed by plaintiffs Katherine Gray, Leslye Alaniz, Aaron Walker Matis, Christopher Pearl, Ariana Willingham, Elver Hernandez, Chance Brown, Alejandra Garcia, Paris Washington, Samantha De Leon, Kevin Jesus Ruiz, Elizabeth Tooley, Alicia Reyna, Aria Sonora Silva-Espinosa, Eric Wilson, Brendon Smith, Jasmin Rincon, Oswaldo Perez, Morgan Fangue, Grace Evelyn Bowland, Mark Escalante, Lacramioara Muntean, Kent Villa, Katherine Gerbasi, Timothy Fulton, Diana Salazar, Enrico Maghelli, Stephen Thompson, Amanda Flores, Kimberly Quitzon, Danyelle Leah Sims, Alycia Lourim, Brandon Gaviria, Erick Herrera, Katelynn Rhoads, David Carmichael, Jacqueline Wung, Karissa Perez. (FILED IN STATE COURT ON 6/15/2021 SUBMITTED ATTACHED EXHIBIT B)(ghap) |
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