Riverside Police Officers Association et al v. Peace Officers Research Association of California et al
| Riverside Police Officers Association and Torrance Police Officers Association |
| Peace Officers Research Association of California Legal Defense Fund, Legal Defense Administrators, Inc., Edward Fishman, Cindi Forbes, Rebecca Mann, Fred Rowbotham, Dee Dee Lundquist, Dustin Smith, Chris Coulter, Kerry Condon, Ron Cottingham and Michael Durant |
| 8:2015cv01335 |
| August 20, 2015 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Jay C Gandhi |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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Filing 37
ORDER Denying Defendants' Motion for Attorney's Fees #28 by Judge Cormac J. Carney: Plaintiffs, the Riverside Police Officers Association (RPOA) and the Torrance Police Officers Association (TPOA) (together, the POAs or Plaintiffs) brought this ERISA action against Defendants Peace Officers Research Association of California Legal Defense Fund, Legal Administrators, Inc., and a number of associated individuals, for breach of fiduciary duty and wrongful denial of benefits. Defendants moved to dismiss, and on December 1, 2015, the Court granted their motion. (Dkt. 21.) Currently before the Court is Defendants motion for attorneys fees. (Dkt. 28.) For the followingreasons, that motion is DENIED. See document for further information. (lwag)
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| Filing 36 DECLARATION of Teresa S. Renaker in Support of NOTICE OF MOTION AND MOTION for Attorney Fees NOTICE OF MOTION AND MOTION for Costs against All Plaintiffs RE: Judgment #27 #28 Supplemental Declaration filed by Defendants Kerry Condon, Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham, Dustin Smith. (Attachments: #1 Exhibit A, #2 Exhibit B)(Renaker, Teresa) |
| Filing 35 REPLY in Support of NOTICE OF MOTION AND MOTION for Attorney Fees NOTICE OF MOTION AND MOTION for Costs against All Plaintiffs RE: Judgment #27 #28 filed by Defendants Kerry Condon, Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham, Dustin Smith. (Renaker, Teresa) |
| Filing 34 DECLARATION of Richard T. Collins In Opposition NOTICE OF MOTION AND MOTION for Attorney Fees NOTICE OF MOTION AND MOTION for Costs against All Plaintiffs RE: Judgment #27 #28 Declaration filed by Plaintiffs Riverside Police Officers Association, Torrance Police Officers Association. (Collins, Richard) |
| Filing 33 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Attorney Fees NOTICE OF MOTION AND MOTION for Costs against All Plaintiffs RE: Judgment #27 #28 Opposition filed by Plaintiffs Riverside Police Officers Association, Torrance Police Officers Association. (Collins, Richard) |
| Filing 32 DECLARATION of Robert Bonsall in Support of NOTICE OF MOTION AND MOTION for Attorney Fees NOTICE OF MOTION AND MOTION for Costs against All Plaintiffs RE: Judgment #27 #28 Corrected Declaration -- unsigned version previously filed in error filed by Defendants Kerry Condon, Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham, Dustin Smith. (Renaker, Teresa) |
| Filing 31 DECLARATION of Robert Bonsall in Support of NOTICE OF MOTION AND MOTION for Attorney Fees NOTICE OF MOTION AND MOTION for Costs against All Plaintiffs RE: Judgment #27 #28 filed by Defendants Kerry Condon, Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham, Dustin Smith. (Renaker, Teresa) |
| Filing 30 DECLARATION of Cindi Forbes in Support of NOTICE OF MOTION AND MOTION for Attorney Fees NOTICE OF MOTION AND MOTION for Costs against All Plaintiffs RE: Judgment #27 #28 filed by Defendants Kerry Condon, Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham, Dustin Smith. (Attachments: #1 Exhibit A reassignment letter, #2 Exhibit B Smith email, #3 Exhibit C Forbes-Smith emails)(Renaker, Teresa) |
| Filing 29 DECLARATION of Teresa S. Renaker in Support of NOTICE OF MOTION AND MOTION for Attorney Fees NOTICE OF MOTION AND MOTION for Costs against All Plaintiffs RE: Judgment #27 #28 filed by Defendants Kerry Condon, Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham, Dustin Smith. (Attachments: #1 Exhibit A Inland Politics Website Post, #2 Exhibit B Stancavage Complaint, #3 Exhibit C Stancavage Minute Order, #4 Exhibit D TPOA Form 990, #5 Exhibit E RPOA Form 990, #6 Exhibit F RPOA website, #7 Exhibit G TPOA website, #8 Exhibit H Renaker CV, #9 Exhibit I Hasselman CV, #10 Exhibit J Scott CV, #11 Exhibit K litigation fees, #12 Exhibit L fee motion fees, #13 Exhibit M Terreri fees, #14 Exhibit N Terreri resume, #15 Exhibit O litigation costs)(Renaker, Teresa) |
| Filing 28 NOTICE OF MOTION AND MOTION for Attorney Fees , NOTICE OF MOTION AND MOTION for Costs against All Plaintiffs RE: Judgment #27 filed by Defendants Cindi Forbes, Chris Coulter, Peace Officers Research Association of California Legal Defense Fund, Rebecca Mann, Dee Dee Lundquist, Kerry Condon, Michael Durant, Fred Rowbotham, Legal Defense Administrators, Inc., Dustin Smith, Ron Cottingham, Edward Fishman. Motion set for hearing on 2/29/2016 at 01:30 PM before Judge Cormac J. Carney. (Renaker, Teresa) |
| Filing 27 JUDGMENT by Judge Cormac J. Carney: Pursuant to the Courts December 1 and January 13 Orders, #21 #26 , it is HEREBY ADJUDGED that Plaintiffs complaint is dismissed with prejudice. (MD JS-6, Case Terminated). (jtil) |
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Filing 26
ORDER by Judge Cormac J. Carney: Dismissing Complaint with Prejudice. Plaintiffs claims are DISMISSED WITH PREJUDICE for lack of constitutional and statutory standing, for the reasons set forth in the Courts December 1, 2015 Order dismissing the case #21 . The Court will issue a final judgment concurrent with this order. See Order for details. (jtil)
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| Filing 25 NOTICE filed by Plaintiff Riverside Police Officers Association, Torrance Police Officers Association. Notice of Intent to Not File Amended Complaint (Collins, Richard) |
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Filing 24
ORDER Re: Extension of Time for Filing Amended Complaint by Judge Cormac J. Carney. Pursuant to the Stipulation #23 entered into by the parties to this action, and good cause appearing therefor, IT IS HEREBY ORDERED that plaintiffs shall have until December 28, 2015, to file an amended complaint, in accordance with this Court's Order Granting Defendants Motion to Dismiss, entered on December 1, 2015, Docket No. 21. (dro)
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| Filing 23 First STIPULATION for Extension of Time to File FOR FILING OF AMENDED COMPLAINT filed by Plaintiff Riverside Police Officers Association, Torrance Police Officers Association. (Attachments: #1 Proposed Order)(Collins, Richard) |
| Filing 22 NOTICE OF INTENT upon filing of the complaint by Judge Cormac J. Carney. Scheduling order to be issued on February 18, 2016. (mku) |
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Filing 21
ORDER by Judge Cormac J. Carney: Granting Defendants' MOTION to Dismiss #10 (mt)
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| Filing 20 MINUTES OF Hearing on Defendant's Motion to Dismiss Complaint and to Strike Jury Demand and Class Allegations #10 and Plaintiff's Ex Parte Application for Order for Extending the Time for Planitiff to File Opposition to Defendants' Motion to Dismiss #15 held before Judge Cormac J. Carney: Motion and application hearings held. The Court hears oral argument from the parties. The Court takes the Motion and Application under submission. Order to issue. Court Reporter: Debbie Hino-Spaan. Attorney for Plaintiff: Richard Collins; Attorney for Defendant: Teresa Renaker. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. |
| Filing 19 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for Extending The Time For Planitiff to File Opposition To Defendants' Motion to Dismiss #15 filed by Defendants Kerry Condon, Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham, Dustin Smith. (Renaker, Teresa) |
| Filing 18 REPLY in Support of Motion NOTICE OF MOTION AND MOTION to Dismiss Complaint NOTICE OF MOTION AND MOTION to Strike Jury Demand and Class Allegations #10 filed by Defendants Kerry Condon, Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham, Dustin Smith. (Renaker, Teresa) |
| Filing 17 DECLARATION of RICHARD T. COLLINS In Support of Plaintiffs' Exparte Application EX PARTE APPLICATION for Order for Extending The Time For Planitiff to File Opposition To Defendants' Motion to Dismiss #15 filed by Plaintiffs Riverside Police Officers Association, Torrance Police Officers Association. (Attachments: #1 Proposed Order)(Collins, Richard) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION for Order for Extending The Time For Planitiff to File Opposition To Defendants' Motion to Dismiss #15 . The following error(s) was found: Proposed Document was not submitted as separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lwag) |
| Filing 15 EX PARTE APPLICATION for Order for Extending The Time For Planitiff to File Opposition To Defendants' Motion to Dismiss filed by Plaintiff Riverside Police Officers Association, Torrance Police Officers Association. (Attachments: #1 Declaration of Richard T. Collins, #2 Exhibit Exhibit A) (Collins, Richard) |
| Filing 14 OPPOSITION TO MOTION re: NOTICE OF MOTION AND MOTION to Dismiss Complaint NOTICE OF MOTION AND MOTION to Strike Jury Demand and Class Allegations #10 filed by Plaintiffs Riverside Police Officers Association, Torrance Police Officers Association. (Collins, Richard) |
| Filing 13 REPLY in Support of Motion NOTICE OF MOTION AND MOTION to Dismiss Complaint NOTICE OF MOTION AND MOTION to Strike Jury Demand and Class Allegations #10 filed by Defendants Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham, Dustin Smith. (Attachments: #1 Proposed Order)(Renaker, Teresa) |
| Filing 12 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint NOTICE OF MOTION AND MOTION to Strike Jury Demand and Class Allegations #10 filed by Defendants Kerry Condon, Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham, Dustin Smith. (Renaker, Teresa) |
| Filing 11 DECLARATION of Teresa S. Renaker in Support of NOTICE OF MOTION AND MOTION to Dismiss Complaint NOTICE OF MOTION AND MOTION to Strike Jury Demand and Class Allegations #10 and In Support of Request for Judicial Notice filed by Defendants Kerry Condon, Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham, Dustin Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Renaker, Teresa) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Complaint , NOTICE OF MOTION AND MOTION to Strike Jury Demand and Class Allegations filed by Defendants Kerry Condon, Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham, Dustin Smith. Motion set for hearing on 11/30/2015 at 01:30 PM before Judge Cormac J. Carney. (Renaker, Teresa) |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Riverside Police Officers Association. upon All Defendants. Waiver of Service signed by Teresa S. Renaker. (Collins, Richard) |
| Filing 8 NOTICE of Interested Parties filed by Defendant All Defendants, identifying Riverside Police Officers Association, Torrance Police Officers Association, Legal Defense Administrators, Inc., Edward Fishman, Cindi Forbes, Rebecca Mann, Fred Rowbotham, Dee Dee Lundquist, Dustin Smith, Chris Coulter, Kerry Condon, Ron Cottingham, Michael Durant, Federal Insurance Company, a member of the Chubb Group of Insurance Companies. (Attorney Teresa S Renaker added to party Kerry Condon(pty:dft), Attorney Teresa S Renaker added to party Ron Cottingham(pty:dft), Attorney Teresa S Renaker added to party Chris Coulter(pty:dft), Attorney Teresa S Renaker added to party Michael Durant(pty:dft), Attorney Teresa S Renaker added to party Edward Fishman(pty:dft), Attorney Teresa S Renaker added to party Cindi Forbes(pty:dft), Attorney Teresa S Renaker added to party Legal Defense Administrators, Inc.(pty:dft), Attorney Teresa S Renaker added to party Dee Dee Lundquist(pty:dft), Attorney Teresa S Renaker added to party Rebecca Mann(pty:dft), Attorney Teresa S Renaker added to party Peace Officers Research Association of California Legal Defense Fund(pty:dft), Attorney Teresa S Renaker added to party Fred Rowbotham(pty:dft), Attorney Teresa S Renaker added to party Dustin Smith(pty:dft))(Renaker, Teresa) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Kerry Condon, Ron Cottingham, Chris Coulter, Michael Durant, Edward Fishman, Cindi Forbes, Legal Defense Administrators, Inc., Dee Dee Lundquist, Rebecca Mann, Peace Officers Research Association of California Legal Defense Fund, Fred Rowbotham and Dustin Smith. (jtil) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Riverside Police Officers Association. (Collins, Richard) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Jay C. Gandhi. (jtil) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff RIVERSIDE POLICE OFFICERS ASSOCIATION, TORRANCE POLICE OFFICERS ASSOCIATION, identifying Riverside Police Officers Association, Torrance Police Officers Association. (Collins, Richard) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs RIVERSIDE POLICE OFFICERS ASSOCIATION, TORRANCE POLICE OFFICERS ASSOCIATION. (Collins, Richard) |
| Filing 1 COMPLAINT Receipt No: 0973-16305976 - Fee: $400, filed by Plaintiff TORRANCE POLICE OFFICERS ASSOCIATION, RIVERSIDE POLICE OFFICERS ASSOCIATION. (Attorney Richard T Collins added to party RIVERSIDE POLICE OFFICERS ASSOCIATION(pty:pla), Attorney Richard T Collins added to party TORRANCE POLICE OFFICERS ASSOCIATION(pty:pla))(Collins, Richard) |
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