Robert W. Hirsh v. California Commerce Club, Inc. et al
| ROBERT W. HIRSH, an individual and Robert W. Hirsh |
| CALIFORNIA COMMERCE CLUB, INC., dba COMMERCE CASINO & HOTEL, SHALIN HALL, COUNTY OF LOS ANGELES, LASD DEPUTY DAVID MAGDALENO, LASD DEPUTY GEORGE BERMUDEZ, DOES 1 through10, inclusive and California Commerce Club, Inc. doing business as Commerce Casino and Hotel |
| Richard T. Copeland |
| 2:2022cv05701 |
| August 11, 2022 |
| US District Court for the Central District of California |
| Alka Sagar |
| Mark C Scarsi |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal - Civil Rights Act |
| Both |
Docket Report
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| Filing 53 JUDGMENT by Judge Mark C. Scarsi: Pursuant to the Court's summary judgment orders #52 , it is ordered, adjudged, and 2 decreed that judgment be entered in favor of Defendants California Commerce Club, Inc., dba Commerce Casino and Hotel; Shalin Hall; County of Los Angeles, David Magdaleno; and Jorge Bermudez, sued as George Bermudez, and against Plaintiff Robert W. Hirsh. The Complaint is dismissed with prejudice. Plaintiff shall take nothing from this action (MD JS-6, Case Terminated). (lc) |
Filing 52
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER GRANTING SUMMARY JUDGMENT UNDER RULE 56(F) AND DIRECTING ENTRY OF JUDGMENT #51 . For the reasons stated in the summary judgment order, (id. at 25-26), the Court determines that summary judgment in the County Defendants' favor on the remaining theories of negligence is appropriate. Fed. R. Civ. P. 56(f). Accordingly, the claim is dismissed. Because all claims against all defendant have been dismissed, the Court directs the Clerk to enter judgment. (lc)
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Filing 51
ORDER RE MOTIONS FOR SUMMARY JUDGMENT #34 , #36 by Judge Mark C. Scarsi: The motions are granted. Except with respect to Plaintiff's claim of negligenceresting upon the arrest as against the deputies and resting upon hiring, training, and supervision as against the County, all of Plaintiff's claims against all Defendants are dismissed. The Court orders Plaintiff to show cause why summary judgment should not be granted under Rule 56(f) as to his remaining theories of negligence based on the Court's determination that the deputies had probable cause to arrest Plaintiff and the lack of a statutory basis upon which Plaintiff may assert the County's direct liability for negligence. Plaintiff shall file his response within 14 days. Failure to do so will be treated as a concession that summary judgment is appropriate and will result in judgment for County Defendants. The Court vacates all case dates and deadlines and may reset them after reviewing Plaintiffs response. (lc)
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| Filing 50 STATUS REPORT re Mediation filed by Defendant County of Los Angeles. (Ivie, Rickey) |
| Filing 49 MINUTES OF Motion Hearing held before Judge Mark C. Scarsi: RE Motion for Summary Judgment #34 and Motion for Summary Adjudication as to the First, Second, Fourth, Fifth, Sixth, Seventh and Eighth causes of action of Plaintiff's Complaint #36 . Counsel address the Court. The Court takes the Motions UNDER SUBMISSION and a ruling will be issued after the July 24, 2023 mediation conference. Thereafter, the parties must file a status report regarding their settlement status by July 31, 2023. If the parties are unable to reach a settlement, the parties should postpone the filing of their pretrial documents until the Court issues its ruling on the pending summary judgment motions. Court Recorder: CourtSmart. (lc) Modified on 7/10/2023 (lc). |
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Filing 48
TEXT ONLY ENTRY (IN CHAMBERS) ORDER RESETTING HEARING LOCATION (ECF No. #34 ) by Judge Mark C. Scarsi: Defendants County of Los Angeles, Magdaleno, and Bermudez set their motion for summary judgment for hearing in the wrong courthouse. The Court resets the motion for hearing in Courtroom 7C of the First Street Courthouse, 350 West First Street, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 47 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Objection and Proposed order #45 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Format is combined "OBJECTION AND Proposed order" filed as 1 pdf document. However "objection" signature of attorney of record, but ONLY has signature block for the Judge. Filing should have been separately filed... objection, with the proposed order as a separate attachment thereto. 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. (lc) |
| Filing 46 OBJECTIONS DEFENDANTS OBJECTION TO PLAINTIFFS STATEMENT OF UNDISPUTED FACTS AND STATEMENT OF GENUINE ISSUES IN SUPPORT OF PLAINTIFFS OPPOSITION MOTION FOR SUMMARY JUDGMENT filed by Defendants George Bermudez, DOES, David Magdaleno. (Inyang, Ayang) |
| Filing 45 OBJECTIONS and Proposed Order TO PLAINTIFFS EVIDENCE PROFFERED IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Defendants George Bermudez, County of Los Angeles, David Magdaleno. (Inyang, Ayang) |
| Filing 44 REPLY Reply to Plaintiff's Opposition to Defendant County of Los Angeles Motion for Summary Judgment filed by Defendants George Bermudez, County of Los Angeles, David Magdaleno. (Inyang, Ayang) |
| Filing 43 REPLY In Support NOTICE OF MOTION AND MOTION for Summary Adjudication as to as to the First, Second, Fourth, Fifth, Sixth, Seventh and Eighth causes of action of Plaintiff's Complaint #36 filed by Defendants California Commerce Club, Inc., Shalin Hall. (Ryan, Michael) |
| Filing 42 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #34 filed by Plaintiff Robert W. Hirsh. (Attachments: #1 Unredacted Document Separate Statement, #2 Declaration of Plaintiff, #3 Declaration of Plaintiff's Expert Clark, #4 Declaration and Exhibits, #5 Declaration Notice of Lodging)(Bastian, Robert) |
| Filing 41 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Adjudication as to as to the First, Second, Fourth, Fifth, Sixth, Seventh and Eighth causes of action of Plaintiff's Complaint #36 filed by Plaintiff Robert W. Hirsh. (Attachments: #1 Unredacted Document, #2 Declaration, #3 Declaration, #4 Exhibit)(Bastian, Robert) |
| Filing 40 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Richard T. Copeland has been assigned to serve as Panel Mediator. (lst) |
| Filing 39 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. All parties and the Panel Mediator have agreed that the mediation will be held on 7/24/2023 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Robert W. Hirsh(Bastian, Robert) |
| Filing 38 NOTICE OF LODGING re NOTICE OF MOTION AND MOTION for Summary Adjudication as to as to the First, Second, Fourth, Fifth, Sixth, Seventh and Eighth causes of action of Plaintiff's Complaint #36 filed by Defendants California Commerce Club, Inc., Shalin Hall. (Ryan, Michael) |
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Filing 37
ORDER/REFERRAL to ADR Procedure No 2 by Judge Mark C. Scarsi. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 7/24/2023. (lc)
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| Filing 36 NOTICE OF MOTION AND MOTION for Summary Adjudication as to as to the First, Second, Fourth, Fifth, Sixth, Seventh and Eighth causes of action of Plaintiff's Complaint filed by Defendants California Commerce Club, Inc., Shalin Hall. Motion set for hearing on 7/10/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum Uncontroverted Facts and Conclusions Of Law, #2 Declaration Declaration of John Griffo, #3 Appendix Request for Judicial Notice, #4 Declaration Declaration of Michael J. Ryan, #5 Proposed Order, #6 Exhibit EXHIBIT 1, #7 Exhibit EXHIBIT 2, #8 Exhibit EXHIBIT 3, #9 Exhibit EXHIBIT 4, #10 Exhibit EXHIBIT 5, #11 Exhibit EXHIBIT 6, #12 Exhibit EXHIBIT 7, #13 Exhibit EXHIBIT 8, #14 Exhibit EXHIBIT 9, #15 Declaration Declaration of Shalin Hall) (Ryan, Michael) |
| Filing 35 NOTICE OF LODGING filed exhibits 6-9 re NOTICE OF MOTION AND MOTION for Summary Judgment #34 (Inyang, Ayang) |
| Filing 34 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendants George Bermudez, County of Los Angeles, David Magdaleno. Motion set for hearing on 7/10/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Ayang Inyang, #2 Statement of Undisputed Facts, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6-9, #9 Exhibit 10-13, #10 Exhibit 14-17, #11 Exhibit 18-22, #12 Proposed Order) (Inyang, Ayang) |
| Filing 33 STIPULATION for Issuance of Referral to ADR Procedure No. 2 , STIPULATION for Order Referral to ADR Procedure No. 2 filed by plaintiff Robert W. Hirsh. (Attachments: #1 Proposed Order Referral to ADR Procedure No. 2)(Bastian, Robert) |
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Filing 32
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE STIPULATION TO CONTINUE #31 . The parties stipulate to continue the fact discovery cut-off, expert disclosure deadlines, and motion hearing deadline.The stipulation isdenied for failure to present a "detailed declaration of counsel" establishing"compelling factual support" "demonstrating why the change in the date isessential." (Initial Standing Order 4, ECF No. 8.) The Court also denies the stipulation on the merits. (lc)
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| Filing 31 STIPULATION to Extend Discovery Cut-Off Date to July 10, 2023 filed by plaintiff Robert W. Hirsh. (Attachments: #1 Proposed Order)(Bastian, Robert) |
| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123), #29 . The following error(s) was/were found: Section II of Notice of Appearance or Withdrawal of Counsel G123 not marked. 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. (ak) |
| Filing 29 Notice of Appearance or Withdrawal of Counsel: for attorney Michael James Ryan counsel for Defendants California Commerce Club, Inc., Shalin Hall. Adding Ani Khachatryan as counsel of record for California Commerce Club, Inc. and Shalin Hall for the reason indicated in the G-123 Notice. Filed by Defendant California Commerce Club, Inc. and Shalin Hall. (Ryan, Michael) |
| Filing 28 NOTICE of Change of Attorney Business or Contact Information: for attorney Michael James Ryan counsel for Defendants California Commerce Club, Inc., Shalin Hall. Changing Firm Name to Stearns & Ryan, Lawyers. Filed by Defendants California Commerce Club, Inc., Shalin Hall. (Ryan, Michael) |
| Filing 27 MINUTES OF (In Chambers): Order Re: Informal Discovery Conference, settling #25 Motion Re: Informal Discovery Dispute; held before Magistrate Judge Alka Sagar. For the reasons stated at the hearing, Defendant's motion to compel a special master to preside over Plaintiff's continued deposition is GRANTED in part. The parties shall meet and confer no later than ten (10) days from the date of this Order to schedule a date and time for Plaintiff's continued deposition and to select a special master to preside over Plaintiff's continued deposition. (see document for further details) Court Recorder: XTR 03/14/23. (hr) |
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Ayang Joseph Inyang counsel for Defendant County of Los Angeles. Adding Ayang Inyang as counsel of record for Defendant Los Angeles County for the reason indicated in the G-123 Notice. Filed by Defendants COUNTY OF LOS ANGELES. (Attorney Ayang Joseph Inyang added to party County of Los Angeles(pty:dft))(Inyang, Ayang) |
| Filing 25 AMENDED MOTION RE: INFORMAL DISCOVERY DISPUTE, amending #24 Motion Re: Informal Discovery Dispute. Telephone Conference reset for 3/14/2023 at 1:00 PM before Magistrate Judge Alka Sagar. (hr) |
| Filing 24 MOTION RE: INFORMAL DISCOVERY DISPUTE. Telephone Conference set for 3/13/2023 at 1:00 PM before Magistrate Judge Alka Sagar. (hr) |
| Filing 23 MINUTES OF (In Chambers): Order Re: Informal Discovery Conference settling #22 Motion Re: Informal Discovery Dispute; Telephone Conference held before Magistrate Judge Alka Sagar. For the reasons stated at the hearing, Plaintiff's motion to compel Defendants to produce the three documents over which Defendants claim work product protection is GRANTED in part. Defendants shall produce these documents no later than seven (7) days from the date of this Order. (see document for further details) Court Recorder: CS 02/07/23. (hr) |
| Filing 22 MOTION RE: INFORMAL DISCOVERY DISPUTE. Telephone Conference set for 2/7/2023 at 10:00 AM before Magistrate Judge Alka Sagar. (hr) |
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Filing 21
MINUTE ORDER (IN CHAMBERS) Order Re: Informal Discovery Conference by Magistrate Judge Alka Sagar. The Court has reviewed the parties submission and orders Defendants to submit the records at issue for in camera review. (See Order for complete details) (afe)
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| Filing 20 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court has revised its procedures regarding mandatory chambers copies in civil cases newly assigned to Judge Scarsi. The Court authorizes the parties to this case to follow the new procedures in lieu of the procedures stated in Initial Standing Order 9(e). More information about the new procedures is available at https://www.cacd.uscourts.gov/honorable-mark-c-scarsi THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
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Filing 19
SCHEDULING ORDER by Judge Mark C. Scarsi: Final Pretrial Conference set for 10/2/2023 02:00 PM; Jury Trial set for 10/24/2023 08:30 AM (SEE DOCUMENT FOR ALLL SPECIFIED DEADLINES). (lc)
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Filing 18
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on October 24, 2022 at 10:00 AM is not necessary. Accordingly, the Scheduling Conference is taken off calendar and under submission. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY
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| Filing 17 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Robert W. Hirsh.. (Bastian, Robert) |
| Filing 16 ANSWER to Complaint - (Discovery) filed by Defendants George Bermudez, County of Los Angeles, David Magdaleno.(Samson, Marina) |
| Filing 15 CERTIFICATE of Interested Parties filed by Plaintiff Robert W. Hirsh, (Bastian, Robert) |
| Filing 14 CERTIFICATE of Interested Parties filed by Defendant California Commerce Club, Inc., Shalin Hall, (Ryan, Michael) |
| Filing 13 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Answer to Complaint (Discovery) #10 by Judge Mark C. Scarsi. A notice of interested parties shall be filed no later than 5 days from entry of this Order. (smo) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Complaint (Discovery), #10 by Defendant California Commerce Club, Inc., Shalin Hall. The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. 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. (lc) |
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Filing 11
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 10/24/2022 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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| Filing 10 ANSWER to Complaint - (Discovery) filed by Defendant California Commerce Club, Inc., Shalin Hall.(Attorney Michael James Ryan added to party California Commerce Club, Inc.(pty:dft), Attorney Michael James Ryan added to party Shalin Hall(pty:dft))(Ryan, Michael) |
| Filing 9 STIPULATION Extending Time to Answer the complaint as to George Bermudez answer now due 9/16/2022; County of Los Angeles answer now due 9/16/2022; David Magdaleno answer now due 9/16/2022, filed by Defendants George Bermudez; County of Los Angeles; David Magdaleno. (Attachments: #1 Proposed Order)(Samson, Marina) |
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Filing 8
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Alka Sagar. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Robert W. Hirsh in Los Angeles Superior Court on 7/12/2022, attached as Exhibit 1. (jtil) |
| Filing 4 CERTIFICATE OF SERVICE filed by Defendants COUNTY OF LOS ANGELES, LASD DEPUTY DAVID MAGDALENO, LASD DEPUTY GEORGE BERMUDEZ, re Notice of Removal (Attorney Civil Case Opening), #1 served on 08/11/2022. (Samson, Marina) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants COUNTY OF LOS ANGELES, LASD DEPUTY DAVID MAGDALENO, LASD DEPUTY GEORGE BERMUDEZ, (Samson, Marina) |
| Filing 2 CIVIL COVER SHEET filed by Defendants COUNTY OF LOS ANGELES, LASD DEPUTY DAVID MAGDALENO, LASD DEPUTY GEORGE BERMUDEZ. (Samson, Marina) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV22559 Receipt No: ACACDC-33798649 - Fee: $402, filed by Defendants LASD DEPUTY GEORGE BERMUDEZ, COUNTY OF LOS ANGELES, LASD DEPUTY DAVID MAGDALENO. (Attachments: #1 Exhibit 1) (Attorney Marina Samson added to party COUNTY OF LOS ANGELES(pty:dft), Attorney Marina Samson added to party LASD DEPUTY DAVID MAGDALENO (pty:dft), Attorney Marina Samson added to party LASD DEPUTY GEORGE BERMUDEZ (pty:dft))(Samson, Marina) |
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