Ashley Blackmon v. City of Beverly Hills et al
Ashley Blackmon |
City of Beverly Hills, Beverly Hills Police Sergeant Kevin Orth, James Keenaghan, Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs and Does 1-10, inclusive |
Amy Semmel and Richard Copeland |
2:2021cv08381 |
October 22, 2021 |
US District Court for the Central District of California |
Andre Birotte |
Alexander F MacKinnon |
Civil Rights: Other |
28 U.S.C. § 1441 Notice of Removal - Civil Rights Act |
Both |
Docket Report
This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 95 (IN CHAMBERS) ORDER ADVANCING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT #70 by Judge Andre Birotte Jr. This Court, on its own motion, hereby ADVANCES the hearing regarding this motion from June 16, 2023, to June 14, 2023, at 9:30 a.m. before Judge Andre Birotte Jr. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY |
Filing 94 REPLY in Support of Plaintiff's Motion for Partial Summary Judgment As To Liability First NOTICE OF MOTION AND MOTION for Summary Judgment and/or Summary Adjudication #70 filed by Plaintiff Ashley Blackmon. (Ricketts, Morgan) |
Filing 93 ORDER GRANTING APPLICATION FOR LEAVE TO FILE UNDER SEAL EXHIBIT 4 TO THE DECLARATION OF MORGAN RICKETTS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT #80 by Judge Andre Birotte Jr. See document for details. (gk) |
Filing 92 DECLARATION of Jeanne L. Tollison re APPLICATION to file document Exhibit 4 to the Declaration of Morgan Ricketts (manually filed flash drive) under seal #80 filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. (Tollison, Jeanne) |
Filing 91 RESPONSE filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghanto MEMORANDUM in Opposition to Motion, #85 (Tollison, Jeanne) |
Filing 90 OBJECTIONS to Sealed Declaration in SupportDeclaration, #81 filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, Does 1-10, inclusive, James Keenaghan. (Tollison, Jeanne) |
Filing 89 REPLY Reply to Opposition First NOTICE OF MOTION AND MOTION for Summary Judgment and/or Summary Adjudication #70 filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. (Tollison, Jeanne) |
Filing 88 MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFF'S APPLICATION FOR LEAVE TO FILE UNDER SEAL by Judge Andre Birotte Jr.: Before the court is Plaintiff Ashley Blackmon's Application for leave to file under seal a flash drive containing Exhibit 4 to the Declaration of Morgan Ricketts in support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment #80 . Defendants, as the Designating Party, were obligated to file a declaration showing good cause for Exhibit 4 to be filed under seal by 5/23/2023. Defendants have not yet filed a declaration. Accordingly, the Court hereby ORDERS Defendants to file a declaration in accordance with Local Rule 79-5.2.2(b)(i) by 5/29/2023. Failure to file a declaration will result in denial of Plaintiff's application to file under seal. Court Reporter: N/A. (gk) |
Filing 87 NOTICE OF ERRATA filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. correcting Exhibit (non-trial),,, #73 (Attachments: #1 Declaration Adam Falossi, #2 Declaration Stephen Comp, #3 Declaration Michael Downs, #4 Declaration Jonathan De La Cruz, #5 Declaration Kevin Orth, #6 Declaration James Keenaghan, #7 Declaration Giovanni Trejo, #8 Declaration Jeanne Tollison)(Tollison, Jeanne) |
Filing 86 Corrected NOTICE of Manual Filing filed by Plaintiff Ashley Blackmon of Exhibit 4 to the Declaration of Morgan Ricketts - flash drive containing Police Reports (conditionally under seal). (Ricketts, Morgan) |
Filing 85 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION for Summary Judgment and/or Summary Adjudication #70 filed by Plaintiff Ashley Blackmon. (Attachments: #1 Separate Statement, #2 Declaration of Ashley Blackmon, #3 Declaration of Morgan Ricketts, #4 Request for Judicial Notice, #5 Proposed Order)(Ricketts, Morgan) |
Filing 84 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION for Summary Judgment and/or Summary Adjudication #70 filed by Plaintiff Ashley Blackmon. (Ricketts, Morgan) |
Filing 83 PROOF OF SERVICE filed by Plaintiff Ashley Blackmon, re Notice of Manual Filing (G-92) #78 served on May 19, 2023. (Ricketts, Morgan) |
Filing 82 PROOF OF SERVICE filed by Plaintiff Ashley Blackmon, re Sealed Declaration in SupportDeclaration, #81 served on May 19, 2023. (Ricketts, Morgan) |
Filing 81 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 4 to the Declaration of Morgan Ricketts (manually filed flash drive) under seal #80 filed by Plaintiff Ashley Blackmon. (Attachments: #1 Exhibit 4 (cover))(Ricketts, Morgan) |
Filing 80 APPLICATION to file document Exhibit 4 to the Declaration of Morgan Ricketts (manually filed flash drive) under seal filed by Plaintiff Ashley Blackmon. (Attachments: #1 Proposed Order)(Ricketts, Morgan) |
Filing 79 NOTICE of Manual Filing filed by Plaintiff Ashley Blackmon of Exhibit 4 to the Declaration of Morgan Ricketts - flash drive containing Police Reports (conditionally under seal). (Ricketts, Morgan) |
Filing 78 NOTICE of Manual Filing filed by Plaintiff Ashley Blackmon of Exhibit 3 to the Declaration of Morgan Ricketts - flash drive containing Second Amended Spreadsheet (Excel file). (Ricketts, Morgan) |
Filing 75 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: First NOTICE OF MOTION AND MOTION for Summary Judgment and/or Summary Adjudication #70 . The following error(s) was/were found: A party seeking summary judgment shall lodge a proposed Judgment; a party seeking partial summary judgment shall lodge a proposed Order, Local Rule 56-1. 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. (gk) |
Filing 77 ORDER GRANTING JOINT STIPULATION TO INCREASE PAGE LIMITS OF DISPOSITIVE MOTION BRIEFING by Judge Andre Birotte Jr.: Upon Stipulation #69 , the Court orders as follows: Defendants' Motion for Summary Judgment shall be no more than 25 pages. Plaintiff's Opposition shall be no more than 35 pages. Defendants' Reply shall be no more than 20 pages. Plaintiff may file a sur-reply limited to the issues raised in Defendants' Reply, of no more than 10 pages. (gk) |
Filing 76 ORDER GRANTING JOINT STIPULATION TO EXTEND EXPERT DISCOVERY CUT-OFF TO 5/17/2023 #68 by Judge Andre Birotte Jr. (gk) |
Filing 74 Notice filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. Notice of Errata (Tollison, Jeanne) |
Filing 73 EXHIBIT Filed filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. as to First NOTICE OF MOTION AND MOTION for Summary Judgment and/or Summary Adjudication #70 . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(Tollison, Jeanne) |
Filing 72 NOTICE OF LODGING filed Exhibit re First NOTICE OF MOTION AND MOTION for Summary Judgment and/or Summary Adjudication #70 (Tollison, Jeanne) |
Filing 71 STATEMENT of of Uncontroverted Facts and Conclusions of Law First NOTICE OF MOTION AND MOTION for Summary Judgment and/or Summary Adjudication #70 filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. (Tollison, Jeanne) |
Filing 70 First NOTICE OF MOTION AND MOTION for Summary Judgment and/or Summary Adjudication filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. Motion set for hearing on 6/16/2023 at 10:00 AM before Judge Andre Birotte Jr. (Tollison, Jeanne) |
Filing 69 Joint STIPULATION to Exceed Page Limitation as to Dispositive Motion Briefing filed by Plaintiff Ashley Blackmon. (Attachments: #1 Proposed Order)(Ricketts, Morgan) |
Filing 68 Joint STIPULATION to Extend Discovery Cut-Off Date to May 17, 2023 filed by Plaintiff Ashley Blackmon. (Attachments: #1 Proposed Order)(Ricketts, Morgan) |
Filing 67 TEXT ONLY ENTRY: The Plaintiff having withdrawn #66 her MOTION to Compel Deposition of California Commission on Peace Officer Standards and Training #61 , the motion is deemed withdrawn. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ib) |
Filing 66 Notice of Withdrawal of Motion to Compel Deposition, #61 filed by Plaintiff Ashley Blackmon. (Ricketts, Morgan) |
Filing 65 ORDER ON JOINT STIPULATION TO MODIFY SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon Stipulation #64 , the Court orders that the Scheduling Order be modified as follows: Discovery cut-off date for a mental status examination of Plaintiff is continued to 3/30/2023. The initial expert disclosure is continued to 4/17/2023. The rebuttal expert disclosures is continued to 4/28/2023. The expert discovery cut-off is continued to 5/12/2023. (gk) |
Filing 64 STIPULATION to Extend Discovery Cut-Off Date, STIPULATION to Reschedule discovery cut-off, initial expert disclosure, rebuttal expert disclosures, expert discovery cut-off filed by Defendants City of Beverly Hills. (Attachments: #1 Proposed Order)(Tollison, Jeanne) |
Filing 63 Notice of Appearance or Withdrawal of Counsel: for attorney Jeanne L Tollison counsel for Defendant City of Beverly Hills. Adding Elizabeth L. Kolar, Esq. as counsel of record for City of Beverly Hills, Kevin Orth, James Keenaghan, Adam Falossi, Stephen Comp, Jonathan De La Cruz and Michael Downs for the reason indicated in the G-123 Notice. Filed by Defendants Defendant. (Tollison, Jeanne) |
Filing 62 MINUTE ORDER (In Chambers): Order Vacating the February 28, 2023 Hearing on Plaintiff's Motion to Compel Testimony of the California Commission on Peace Officer Standards and Training (Filed February 7, 2023; ECF No. 61) by Magistrate Judge Alexander F. MacKinnon: re: MOTION to Compel Deposition of California Commission on Peace Officer Standards and Training #61 . SEE DOCUMENT FOR FURTHER INFORMATION. (es) |
Filing 61 NOTICE OF MOTION AND MOTION to Compel Deposition of California Commission on Peace Officer Standards and Training filed by Plaintiff Ashley Blackmon. Motion set for hearing on 2/28/2023 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Declaration of Morgan Ricketts, #2 Declaration of John Lowden, #3 Proposed Order)(Ricketts, Morgan) |
Filing 60 ORDER by Judge Andre Birotte Jr. Granting Request for Substitution of Attorney Jeanne L. Tollison for Defendants City of Beverly Hills, Sergeant Kevin Orth, Sergeant James Keenaghan, Officer Adam Falossi, Officer Stephen Comp, Officer Jonathan De La Cruz, and Officer Michael Downs, as employees of the City of Beverly Hills in place of Attorneys Daniel K. Spradlin and Brian A. Moore #58 , #59 . (gk) |
Filing 59 Amended REQUEST TO SUBSTITUTE ATTORNEY Jeanne L. Tollison in place of attorney Daniel K. Spradlin filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. (Attachments: #1 Proposed Order) (Tollison, Jeanne) |
Filing 58 First REQUEST to Substitute attorney Jeanne L. Tollison in place of attorney Daniel K. Spradlin filed by Defendant City of Beverly Hills. (Attachments: #1 Proposed Order) (Tollison, Jeanne) |
Filing 57 ORDER ON JOINT STIPULATION TO MODIFY SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon Stipulation #56 , the Court orders that the Scheduling Order be modified. The Fact Discovery cut-off is continued to 3/14/2023. The initial expert disclosure is continued to 3/31/2023. The rebuttal expert disclosures is continued to 4/12/2023. The expert discovery cut-off is continued to 4/26/2023. The last day to hear motions, except for motions to amend pleadings or add parties is continued to 6/16/2023. (gk) |
Filing 56 Joint STIPULATION for Order to Modify Scheduling Order filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. (Attachments: #1 Proposed Order on Joint Stipulation to Modify Scheduling Order)(Moore, Brian) |
Filing 55 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel K. Spradlin counsel for Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. JEANNE L. TOLLISON 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 Defendants. (Spradlin, Daniel) |
Filing 54 NOTICE of Change of firm name and address by Morgan Ricketts attorney for Plaintiff Ashley Blackmon. Changing firm name to Hadsell Stormer Renick & Dai and address to 128 N. Fair Oaks Ave. #204, Pasadena CA 91103. Filed by Plaintiff Ashley Blackmon. (Ricketts, Morgan) |
Filing 53 ORDER APPROVING JOINT STIPULATION TO MODIFY SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon Stipulation #52 , the Court ORDERS that the Scheduling Order be modified. Fact Discovery cut-off 2/10/2023. The last day to hear motions, except for motions to amend pleadings or add parties is continued to 6/2/2023. The deadline to complete the settlement conference 6/16/2023. The first round of trial filings due by 8/25/2023. The second round of trial filings due by 9/1/2023. Final Pretrial Conference shall be continued to 9/15/2023 11:00 AM before Judge Andre Birotte Jr. Jury Trial shall be continued to 10/3/2023 08:30 AM before Judge Andre Birotte Jr. (gk) |
Filing 52 Joint STIPULATION to Continue Trial from March 7, 2023 to October 3, 2023 filed by Plaintiff Ashley Blackmon. (Attachments: #1 Proposed Order)(Ricketts, Morgan) |
Filing 51 MINUTES (In Chambers): Order Granting in Part Plaintiffs' Motion to Compel Production of Documents and The Parties' Joint Status Report (ECF Nos. 40, #48 .) by Magistrate Judge Alexander F. MacKinnon: Plaintiff has filed a Motion to Compel seeking production of documents by Defendants. (ECF No. 40.) On May 26, 2022, the Court held a hearing on the Motion to Compel and advised the parties of its initial views on the Motion. On July 7, 2022, the Court held an additional hearing on the Motion to Compel. Based on the parties' Joint Status Reports and the discussion on the record during the hearings, the Court rules on the remaining disputed issues from the Motion to Compel as set forth below. Granting in part #40 Motion to Compel. [See Order for details.] (es) |
Filing 50 MINUTES OF TELEPHONIC HEARING RE PLAINTIFF'S MOTION TO COMPEL (ECF #40) held before Magistrate Judge Alexander F. MacKinnon: Telephonic hearing held re Plaintiffs Motion to Compel (ECF #40 ). The Court will issue a further written order ruling on the requests in dispute. Court Reporter: Recorded on XTR. (es) |
Filing 49 SCHEDULING NOTICE by Magistrate Judge Alexander F. MacKinnon: A telephonic conference re Plaintiff's MOTION to Compel Further Responses to Requests for Production of Documents #40 is scheduled for 7/7/22 at 4:00PM PST before Magistrate Judge Alexander F. MacKinnon. Call-in information has been emailed to counsel of record.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ib) TEXT ONLY ENTRY |
Filing 48 STATUS REPORT [FURTHER JOINT] RE MOTION TO COMPEL filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. (Moore, Brian) |
Filing 47 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon: The Court has reviewed the parties' Joint Status Report (ECF #46 ) regarding the pending motion to compel. The parties shall file a further status report no later than June 30, 2022. (es) |
Filing 46 STATUS REPORT [FURTHER JOINT] RE MOTION TO COMPEL filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. (Moore, Brian) |
Filing 45 MINUTE ORDER (In Chambers) by Magistrate Judge Alexander F. MacKinnon: The Court has reviewed the parties' Joint Status Report (ECF #44 ) regarding the pending motion to compel. The parties shall file a further status report no later than June 16, 2022. (es) |
Filing 44 STATUS REPORT [JOINT] RE MOTION TO COMPEL filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. (Tollison, Jeanne) |
Filing 43 MINUTES OF HRG: TELEPHONIC HEARING RE PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, ETC. (ECF No. 40) Motion Hearing held before Magistrate Judge Alexander F. MacKinnon. A telephonic hearing was held regarding Plaintiff's Motion to Compel Further Responses to Requests for Production and Production of Documents (ECF No.40). By June 16, 2022. Counsel shall continue to meet and confer regarding the RFPs still in dispute and shall file a joint status report by June 6, 2022. After review of the joint report, the Court will either rule on any matters still in dispute or determine if a further hearing is needed. Court Recorder: Recorderd on XTR. (et) |
Filing 42 SCHEDULING NOTICE by Magistrate Judge Alexander F. MacKinnon: A telephonic hearing re plaintiff's MOTION to Compel Further Responses to Requests for Production and production of documents #40 is scheduled for Thursday, 5/26/22 at 3:00PM PST before Magistrate Judge Alexander F. MacKinnon. Call-in information has been emailed to counsel of record.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ib) TEXT ONLY ENTRY |
Filing 41 MINUTE ORDER (In Chambers): Order Vacating the May 31, 2022 Hearing on Plaintiff's Motion to Compel Defendants to Provide Further Discovery (Filed May 6, 2022; ECF No. 40) by Magistrate Judge Alexander F. MacKinnon: The hearing on Plaintiffs Motion to Compel noticed for May 31, 2022, at 10:00 a.m., is TAKEN OFF CALENDAR. No appearance is necessary. The motion shall stand submitted on the basis of the papers timely filed. The timing of the filing of supplemental briefs shall be based on the hearing date as originally noticed. The Court will determine if a hearing is necessary after review of the complete briefing. re: MOTION to Compel Further Responses to Requests for Production and production of documents #40 . (es) |
Filing 40 NOTICE OF MOTION AND MOTION to Compel Further Responses to Requests for Production and production of documents filed by Plaintiff Ashley Blackmon. Motion set for hearing on 5/31/2022 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Proposed Order Proposed Order)(Ricketts, Morgan) |
Filing 39 MINUTE ORDER (IN CHAMBERS) RE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN E-FILED DOCUMENTS (ECF #38 re ECF #37) by Magistrate Judge Alexander F. MacKinnon: In accordance with the Notice to Filer of Deficiencies in Electronically Filed Documents (ECF #38) regarding the document efiled as Joint Stipulation to Notice of Motion and Motion to Amend Complaint (ECF #37), the filing party is ordered to refile the document, correcting the errors noted in the Notice to Filer of Deficiencies. Failure to refile the document with these errors corrected by May 9, 2022, may lead to denial of the motion and/or imposition of sanctions. re: Deficiency in Electronically Filed Documents (G-112A) - optional html form #38 , Joint Stipulation re Discovery Motion #37 . (es) |
Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Stipulation re Discovery Motion #37 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Document linked incorrectly to the wrong document/docket entry. Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Motions and Related Filings - Discovery Motions: Compel. Other error(s) with document(s): The docket description states: Joint Stipulation to Notice of Motion and Motion to Amend Amended Complaint/Petition. Upon review of the document it appears that counsel is attempting to file a Motion to Compel. If so, the document should have been filed as a discovery motion to compel which allows the filer to set the motion on the magistrate judge's calendar for review and consideration. A Proposed Order is missing as required. Note: To assist in a search for correct events, the SEARCH option can be used by using key words to narrow the selection process. 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. (es) |
Filing 37 JOINT STIPULATION to NOTICE OF MOTION AND MOTION to AMEND Amended Complaint/Petition, #14 #31 filed by Plaintiff Ashley Blackmon. (Attachments: #1 Exhibit A)(Ricketts, Morgan) |
Filing 36 ANSWER to Amended Complaint/Petition #35 filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan.(Tollison, Jeanne) |
Filing 35 THIRD AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #14 , filed by Plaintiff Ashley Blackmon(Ricketts, Morgan) |
Filing 34 MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT by Judge Andre Birotte Jr.: Plaintiff's Motion for Leave to File a Third Amended Complaint ("TAC") #31 is GRANTED. Plaintiff may file her TAC. The hearing set for 4/15/2022 is VACATED. Court Reporter: N/A. (gk) |
Filing 33 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Richard Copeland has been assigned to serve as Panel Mediator. (lst) |
Filing 32 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Richard Copeland may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Ashley Blackmon(Ricketts, Morgan) |
Filing 31 NOTICE OF MOTION AND MOTION to AMEND Amended Complaint/Petition, #14 filed by Plaintiff Ashley Blackmon. Motion set for hearing on 4/15/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration, #2 Proposed Order) (Ricketts, Morgan) |
Filing 30 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Amy Semmel has been assigned to serve as Panel Mediator. (lst) |
Filing 29 ORDER DENYING DEFENDANTS' MOTION TO DISMISS, EXCEPT WITH RESPECT TO PLAINTIFF'S SUBSTANTIVE DUE PROCESS CLAIM by Judge Andre Birotte Jr.: The Court now DENIES Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint ("SAC") #15 , except with respect to the substantive due process component of her Fourteenth Amendment claim. Note that the Court GRANTS Defendants' Motion with respect to the substantive due process component of Plaintiff's Fourteenth Amendment claim. However, Plaintiff is given leave to cure this deficiency by amending her SAC. Any such amendment must be made within 14 days of this Order's issuance; otherwise, it will be dismissed with prejudice. (gk) |
Filing 28 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Stipulation filed 2/10/2022 #24 . Counsel shall immediately file a Proposed Order and email a Microsoft Word version of the Proposed Order to the chambers email address. (gk) |
Filing 27 STIPULATED PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon re Stipulation for Protective Order #23 . [See document for details.] (et) |
Filing 26 CORRECTED - NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for ADR Procedure No. 2 - (ADR-1) #24 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: ADR/Mediation Documents > Stipulation Regarding Selection of Panel Mediator (Consent) - (ADR-2). The filer used the event, ADR/Mediation Documents > Request for ADR Procedure No. 2 - (ADR-1). 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. (gk) |
Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for ADR Procedure No. 2 - (ADR-1) #24 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. 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. (gk) |
Filing 24 REQUEST for ADR Procedure No. 2 filed. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Plaintiff Ashley Blackmon(Ricketts, Morgan) |
Filing 23 STIPULATION for Protective Order filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan.(Tollison, Jeanne) |
Filing 22 ORDER RE: JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 3/7/2023 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 2/17/2023 11:00 AM before Judge Andre Birotte Jr. Non-Expert Discovery cut-off 8/23/2022. Last Date to Hear Motions 11/18/2022. Deadline to Complete Settlement Conference 11/4/2022. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 1/27/2023. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 2/3/2023. See document for further details. (gk) |
Filing 21 ORDER/REFERRAL to ADR Procedure No 2 by Judge Andre Birotte Jr. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 11/4/2022. (cb) |
Filing 20 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the February 11, 2022, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY |
Filing 19 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Defendant's Motion to Dismiss Case #15 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (gk) |
Filing 18 REPORT filed by Plaintiff Ashley Blackmon. (Ricketts, Morgan) |
Filing 17 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case #15 filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. (Kraus, Roberta) |
Filing 16 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #15 filed by Plaintiff Ashley Blackmon. (Ricketts, Morgan) |
Filing 15 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills. Motion set for hearing on 1/28/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order on Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint) (Kraus, Roberta) |
Filing 14 SECOD AMENDED COMPLAINT against DEFENDANTS Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, Does 1-10, inclusive, James Keenaghan amending Amended Complaint, filed by Plaintiff Ashley Blackmon(Ricketts, Morgan) |
Filing 13 ORDER ON STIPULATION ALLOWING PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #12 , the Court orders that Plaintiff shall have up to 30 days from the signing of this order within which to file a second amended complaint. Defendants shall have up to 30 days after Plaintiff's second amended complaint is filed, in which to file their responsive pleading(s) to the second amended complaint. (gk) |
Filing 12 STIPULATION for Leave to FILE SECOND AMENDED COMPLAINT BY PLAINTIFF filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan. (Attachments: #1 Proposed Order)(Attorney Brian Andrew Moore added to party Beverly Hills Police Officer Adam Falossi (#04678)(pty:dft), Attorney Brian Andrew Moore added to party Beverly Hills Police Officer Jonathan De La Cruz(pty:dft), Attorney Brian Andrew Moore added to party Beverly Hills Police Officer Michael Downs(pty:dft), Attorney Brian Andrew Moore added to party Beverly Hills Police Officer Stephen Comp(pty:dft), Attorney Brian Andrew Moore added to party Beverly Hills Police Sergeant Kevin Orth(pty:dft), Attorney Brian Andrew Moore added to party City of Beverly Hills(pty:dft), Attorney Brian Andrew Moore added to party James Keenaghan(pty:dft))(Moore, Brian) |
Filing 11 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 2/11/2022 at 10:00 AM before Judge Andre Birotte Jr. (cb) |
Filing 10 STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) |
Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
Filing 7 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Alexander F. MacKinnon. (jtil) |
Filing 6 JOINDER filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills joining in Notice of Removal (Attorney Civil Case Opening),,, #1 . (Kraus, Roberta) |
CONFORMED COPY OF COMPLAINT filed by Plaintiff Ashley Blackmon in Los Angeles Superior Court on 9/4/2020, attached as Exhibit C. (jtil) |
CONFORMED COPY OF FIRST AMENDED COMPLAINT filed by Plaintiff Ashley Blackmon in Los Angeles Superior Court on 8/24/2021, attached as Exhibit A. (jtil) |
CONFORMED COPY OF ANSWER to Complaint filed by Defendants Beverly Hills Police Officer Adam Falossi (#04678), Beverly Hills Police Officer Jonathan De La Cruz, Beverly Hills Police Officer Michael Downs, Beverly Hills Police Officer Stephen Comp, Beverly Hills Police Sergeant Kevin Orth, City of Beverly Hills, James Keenaghan in Los Angeles Superior Court on 11/4/2020, attached as Exhibit D.(jtil) |
Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Roberta A Kraus counsel for Defendant James Keenaghan. Adding Jeanne L. Tollison as counsel of record for Defendant Sergeant James Keenaghan for the reason indicated in the G-123 Notice. Filed by Defendant Sergeant James Keenaghan. (Kraus, Roberta) |
Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney Roberta A Kraus counsel for Defendant James Keenaghan. Adding Daniel K. Spradlin as counsel of record for Defendant Sergeant James Keenaghan for the reason indicated in the G-123 Notice. Filed by Defendant Sergeant James Keenaghan. (Kraus, Roberta) |
Filing 3 CERTIFICATE of Interested Parties filed by Defendant James Keenaghan, (Kraus, Roberta) |
Filing 2 CIVIL COVER SHEET filed by Defendant James Keenaghan. (Kraus, Roberta) |
Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior, Central, case number 20STCV33886 Receipt No: ACACDC-32201814 - Fee: $402, filed by Defendant James Keenaghan. (Attachments: #1 Exhibit A - First Amended Complaint filed 8/24/2021, #2 Exhibit B - Proof of Service on Sgt. Keenaghan filed 9/28/2021, #3 Exhibit C - Complaint filed 10/1/2020, #4 Exhibit D - Answer filed 11/4/2020, #5 Exhibit E - Plaintiff's Notice of Posting Jury Fees filed 1/12/2021, #6 Exhibit F - Plaintiff's Case Management Statement filed 1/12/2021, #7 Exhibit G - Defendants' Case Management Statement filed 1/12/2021, #8 Exhibit H - Defendants' Notice of Posting Jury Fees filed 1/15/2021, #9 Exhibit I - Stipulation and Protective Order entered 3/19/2021, #10 Exhibit J - Plaintiff's Motion to Amend filed 6/4/2021, #11 Exhibit K - Plaintiff's Notice of Change of Address) (Attorney Roberta A Kraus added to party James Keenaghan(pty:dft))(Kraus, Roberta) |
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