Herman Roberson v. City of Hawthorne, et al
| CITY OF HAWTHORNE |
| JEROME MICHALCZAK, individually, and in his official capacity and BRIAN LAZOREK, individually, and in his official capacity |
| HERMAN ROBERSON |
| 21-55134 |
| February 19, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
|---|
| HERMAN ROBERSON V. CITY OF HAWTHORNE, ET AL |
Docket Report
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This docket was last retrieved on November 26, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 55 Filed (ECF) Appellee Herman Roberson Motion to transmit exhibit. Date of service: 11/26/2022. [12596005] [21-55134] (Neal, NaShaun) [Entered: 11/26/2022 03:06 PM] |
| Filing 54 Received 6 paper copies of Reply Brief [ # 52 ] filed by Officer Brian Lazorek and Jerome Michalczak. (sent to panel) [12587907] (SD) [Entered: 11/15/2022 02:30 PM] |
| Filing 53 Filed clerk order: The reply brief [ # 52 ] submitted by Officer Brian Lazorek and Jerome Michalczak is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12584143] (KWG) [Entered: 11/09/2022 03:53 PM] |
| Filing 52 Submitted (ECF) Reply Brief for review. Submitted by Appellants Officer Brian Lazorek and Jerome Michalczak. Date of service: 11/09/2022. [12584130] [21-55134] (Sakai, Raymond) [Entered: 11/09/2022 03:51 PM] |
| Filing 51 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for February 2023 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12564548]. [21-55134] (KS) [Entered: 10/17/2022 09:41 AM] |
| Filing 50 Streamlined request [48] by Appellants Officer Brian Lazorek and Jerome Michalczak to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 11/09/2022. [12558259] (BG) [Entered: 10/07/2022 10:28 AM] |
| Filing 49 Filed (ECF) Appellants Officer Brian Lazorek and Jerome Michalczak Unopposed Motion to extend time to file Reply brief until 11/09/2022. Date of service: 10/06/2022. [12557966] [21-55134] --[COURT UPDATE: NAN, streamlined request in entry [48] has been granted. 10/07/2022 by TYL] (Sakai, Raymond) [Entered: 10/06/2022 05:43 PM] |
| Filing 48 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Officer Brian Lazorek and Jerome Michalczak. New requested due date is 11/09/2022. [12557858] [21-55134] (Sakai, Raymond) [Entered: 10/06/2022 03:55 PM] |
| Filing 47 Received 3 paper copies of excerpts of record [ # 43 ] in 5 volume(s) and index volume filed by Herman Roberson. [12549166] (NAR) [Entered: 09/26/2022 11:21 AM] |
| Filing 46 Received 6 paper copies of Answering Brief [ # 42 ] filed by Herman Roberson. [12549159] (NAR) [Entered: 09/26/2022 11:19 AM] |
| Filing 45 Filed clerk order: The answering brief [ # 42 ] submitted by Herman Roberson is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The excerpts of record [ # 43 ] submitted by Herman Roberson are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12545760] (KT) [Entered: 09/21/2022 01:31 PM] |
| Filing 44 Filed clerk order (Deputy Clerk: HL): Appellants motion pursuant to 9th Cir. R. 27-14 for leave to transmit physical exhibit is granted. (Docket Entry No. [ # 30 ]). Appellants shall submit 4 copies of the exhibits within 7 days of the date of this order. [12545311] (WL) [Entered: 09/21/2022 08:52 AM] |
| Filing 43 Submitted (ECF) excerpts of record. Submitted by Appellee Herman Roberson. Date of service: 09/19/2022. [12543967] [21-55134]--[COURT UPDATE: attached corrected PDFs of excerpts of record. 09/21/2022 by KT] (Neal, NaShaun) [Entered: 09/19/2022 08:56 PM] |
| Filing 42 Submitted (ECF) Answering Brief for review. Submitted by Appellee Herman Roberson. Date of service: 09/19/2022. [12543966] [21-55134]--[COURT UPDATE: attached corrected PDF of answering brief. 09/21/2022 by KT] (Neal, NaShaun) [Entered: 09/19/2022 08:43 PM] |
| Filing 41 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 40 ] (ECF Filing) filed by Appellee Herman Roberson; Appellee Herman Roberson answering brief due 09/19/2022. The optional reply brief is due 21 days after service of the answering brief. [12540449] (GS) [Entered: 09/14/2022 03:19 PM] |
| Filing 40 Filed (ECF) Appellee Herman Roberson Motion to extend time to file Answering brief until 09/19/2022. Date of service: 09/12/2022. [12538275] [21-55134] (Neal, NaShaun) [Entered: 09/12/2022 01:57 PM] |
| Filing 39 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 38 ] (ECF Filing) filed by Appellee Herman Roberson; Appellee Herman Roberson answering brief due 09/12/2022. The optional reply brief is due 21 days after service of the answering brief. [12527461] (GS) [Entered: 08/26/2022 02:16 PM] |
| Filing 38 Filed (ECF) Appellee Herman Roberson Motion to extend time to file Answering brief until 09/12/2022. Date of service: 08/23/2022. [12524506] [21-55134] (Neal, NaShaun) [Entered: 08/23/2022 06:17 PM] |
| Filing 37 Filed clerk order (Deputy Clerk: th): Granting Unopposed Motion [ # 36 ] (ECF Filing) filed by Appellee to extend time to file brief. Appellee Herman Roberson answering brief due 08/23/2022. The optional reply brief is due 21 days after service of the answering brief. [12487793] (TH) [Entered: 07/06/2022 04:06 PM] |
| Filing 36 Filed (ECF) Appellee Herman Roberson Unopposed Motion to extend time to file Answering brief until 08/23/2022. Date of service: 07/06/2022. [12487708] [21-55134] (Neal, NaShaun) [Entered: 07/06/2022 03:30 PM] |
| Filing 35 Streamlined request [34] by Appellee Herman Roberson to extend time to file the brief is approved. Amended briefing schedule: Appellee Herman Roberson answering brief due 07/06/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12463350] (BG) [Entered: 06/03/2022 03:37 PM] |
| Filing 34 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Herman Roberson. New requested due date is 07/06/2022. [12463311] [21-55134] (Neal, NaShaun) [Entered: 06/03/2022 03:09 PM] |
| Filing 33 Received 3 paper copies of excerpts of record [ # 29 ] in 4 volume(s) and index volume filed by Appellants Officer Brian Lazorek and Jerome Michalczak. [12448313] (SD) [Entered: 05/16/2022 04:06 PM] |
| Filing 32 Received 6 paper copies of Opening Brief [ # 28 ] filed by Officer Brian Lazorek and Jerome Michalczak. [12448310] (SD) [Entered: 05/16/2022 04:05 PM] |
| Filing 31 Filed clerk order: The opening brief [ # 28 ] submitted by Officer Brian Lazorek and Jerome Michalczak is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 29 ] submitted by Officer Brian Lazorek and Jerome Michalczak are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12441118] (KT) [Entered: 05/09/2022 08:56 AM] |
| Filing 30 Filed (ECF) Appellants Officer Brian Lazorek and Jerome Michalczak Motion to transmit exhibit. Date of service: 05/06/2022. [12440946] [21-55134] (Sakai, Raymond) [Entered: 05/06/2022 08:20 PM] |
| Filing 29 Submitted (ECF) excerpts of record. Submitted by Appellants Officer Brian Lazorek and Jerome Michalczak. Date of service: 05/06/2022. [12440945] [21-55134] (Sakai, Raymond) [Entered: 05/06/2022 08:16 PM] |
| Filing 28 Submitted (ECF) Opening Brief for review. Submitted by Appellants Officer Brian Lazorek and Jerome Michalczak. Date of service: 05/06/2022. [12440944] [21-55134] (Sakai, Raymond) [Entered: 05/06/2022 08:04 PM] |
| Filing 27 Attorney Daisy Sanchez substituted by Attorney Hrach Eric Agazaryan in 21-55134. [12413785] (HH) [Entered: 04/06/2022 10:25 AM] |
| Filing 26 Filed (ECF) notice of appearance of Hrach E. Agazaryan (Lawrence Beach Allen & Choi, PC, 100 W. Broadway, Suite 1200, Glendale, CA 91210) for Appellants Officer Brian Lazorek and Jerome Michalczak. Substitution for Attorney Ms. Daisy Sanchez, Esquire for Appellants Officer Brian Lazorek and Jerome Michalczak. Date of service: 04/06/2022. (Party was previously proceeding with counsel.) [12413731] [21-55134] (Agazaryan, Hrach) [Entered: 04/06/2022 10:02 AM] |
| Filing 25 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 24 ] (ECF Filing) filed by Appellants Jerome Michalczak and Officer Brian Lazorek; Appellants Brian Lazorek and Jerome Michalczak opening brief due 05/06/2022. Appellee Herman Roberson answering brief due 06/06/2022. The optional reply brief is due 21 days after service of the answering brief. [12413296] (GS) [Entered: 04/05/2022 03:17 PM] |
| Filing 24 Filed (ECF) Appellants Officer Brian Lazorek and Jerome Michalczak Unopposed Motion to extend time to file Opening brief until 05/06/2022. Date of service: 04/05/2022. [12413059] [21-55134] (Sakai, Raymond) [Entered: 04/05/2022 01:41 PM] |
| Filing 23 Filed clerk order (Deputy Clerk: th): Granting Unopposed Motion [ # 22 ] (ECF Filing) filed by Appellants to extend time to file opening brief. Appellants Brian Lazorek and Jerome Michalczak opening brief due 04/06/2022. Appellee Herman Roberson answering brief due 05/06/2022. The optional reply brief is due 21 days after service of the answering brief. [12388201] (TH) [Entered: 03/07/2022 02:22 PM] |
| Filing 22 Filed (ECF) Appellants Officer Brian Lazorek and Jerome Michalczak Unopposed Motion to extend time to file Opening brief until 04/06/2022. Date of service: 03/07/2022. [12387562] [21-55134] (Sakai, Raymond) [Entered: 03/07/2022 09:51 AM] |
| Filing 21 Streamlined request [20] by Appellants Officer Brian Lazorek and Jerome Michalczak to extend time to file the brief is approved. Amended briefing schedule: Appellants Brian Lazorek and Jerome Michalczak opening brief due 03/07/2022. Appellee Herman Roberson answering brief due 04/06/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12347961] (BG) [Entered: 01/21/2022 04:25 PM] |
| Filing 20 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Officer Brian Lazorek and Jerome Michalczak. New requested due date is 03/07/2022. [12347876] [21-55134] (Okada, Elyse) [Entered: 01/21/2022 03:42 PM] |
| Filing 19 Added Attorney(s) Elyse Okada for party(s) Appellant Brian Lazorek Appellant Jerome Michalczak, in case 21-55134. [12341885] (JFF) [Entered: 01/14/2022 04:19 PM] |
| Filing 18 Filed (ECF) notice of appearance of Elyse S. Okada (Lawrence Beach Allen & Choi, PC; 100 W. Broadway, Suite 1200, Glendale, CA 91210) for Appellants Officer Brian Lazorek and Jerome Michalczak. Date of service: 01/14/2022. (Party was previously proceeding with counsel.) [12341866] [21-55134] (Okada, Elyse) [Entered: 01/14/2022 04:10 PM] |
| Filing 17 Filed order MEDIATION (RGA): The video conference previously scheduled for November 17, 2021, is canceled. This case is RELEASED from the Mediation Program. The briefing schedule is reset as follows: appellants' opening brief is due February 4, 2022; appellee's answering brief is due March 8, 2022; appellants' optional reply brief is due within 21 days from the service date of the answering brief. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerks office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [12277699] (WL) [Entered: 11/03/2021 04:26 PM] |
| Filing 16 Attorneys Emily Suhr substituted by Attorneys Daisy Sanchez [12248953] (JFF) [Entered: 10/06/2021 09:53 AM] |
| Filing 15 Filed (ECF) notice of appearance of Daisy Sanchez (Lawrence Beach Allen & Choi, PC, 100 W. Broadway, Suite 1200, Glendale, CA 91210) for Appellants Officer Brian Lazorek and Jerome Michalczak. Substitution for Attorney Emily Suhr for Appellants Officer Brian Lazorek and Jerome Michalczak. Date of service: 10/06/2021. (Party was previously proceeding with counsel.) [12248915] [21-55134] (Sanchez, Daisy) [Entered: 10/06/2021 09:32 AM] |
| Filing 14 MEDIATION CONFERENCE SCHEDULED - Video Conference, 11/17/2021, 10:00 a.m., Pacific Time. See order for details. [12248057] (VS) [Entered: 10/05/2021 01:54 PM] |
| Filing 13 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 11/03/2021, 3:30 p.m., Pacific Time. See order for details. [12247961] (VS) [Entered: 10/05/2021 01:14 PM] |
| Filing 12 Filed order MEDIATION (RGA): The mediation scheduled as an in-person mediation will now proceed as a virtual mediation. A video mediation will be held on October 5, 2021, at 10:00 a.m. Pacific Time. Instructions for the video conference will follow. [12226155] (WL) [Entered: 09/13/2021 08:34 AM] |
| Filing 11 Filed order MEDIATION (RGA): The in-person mediation originally scheduled for September 2, 2021, is rescheduled to October 5, 2021, at 10:00 a.m. Pacific Time, at the U.S. Court of Appeals, 125 South Grand Avenue, Pasadena, CA 91105 [(626) 229-7263 - for directions only]. A dial-in telephone conference will be held on September 2, 2021, at 2:00 p.m. Pacific Time. Each participant will receive an email with dial-in information. [12189884] (WL) [Entered: 08/02/2021 04:07 PM] |
| Filing 10 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 08/02/2021, 2:30 p.m., Pacific Time. See order for details. [12180551] (VS) [Entered: 07/22/2021 03:32 PM] |
| Filing 9 Filed order MEDIATION (RGA): An in-person mediation will be held on September 2, 2021, at 10:00 a.m., at the U.S. Court of Appeals, 125 South Grand Avenue, Pasadena, CA 91105 [Contact Person: Daniel Castin (626) 229-7263 - for directions only] Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and a client representative having full authority to negotiate and settle the case on any terms at the conference. Mediation statements of 10 pages or less shall be submitted to the Circuit Mediator via e-mail [roxane_ashe@ca9.uscourts.gov] on or before August 26, 2021 by 12:00 p.m. (Noon). Mediation statements shall contain brief statements of the following... Participants should plan to spend the entire day engaged in meaningful settlement discussions and come prepared with thoughtful solutions to this dispute. It is recommended that counsel review with their clients the information contained in the Mediation Program web site: www.ca9.uscourts.gov/mediation, with particular emphasis on section E Preparing for Mediation. (SEE ORDER FOR FULL TEXT) [12131855] (WL) [Entered: 06/02/2021 04:14 PM] |
| Filing 8 Filed order (Deputy Clerk: LCC) On March 12, 2021, this court ordered plaintiff-appellant Roberson, within 21 days, either to move for voluntary dismissal of appeal No. 21-55201 or to show cause why it should not be dismissed for lack of jurisdiction. The order warned plaintiff-appellant that failure to comply would result in the automatic dismissal of appeal No. 21-55201 by the Clerk. To date, plaintiff-appellant has not complied with the courts March 12, 2021 order. Accordingly, appeal No. 21-55201 is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court to only case no. 21-55201 Briefing in appeal No. 21-55134 will remain stayed pending further order of the court. [12082246] (WL) [Entered: 04/21/2021 12:20 PM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 06/01/2021, 10:00 a.m., Pacific Time. See order for details. [12059162] [21-55134, 21-55201] (VS) [Entered: 03/31/2021 09:40 AM] |
| Filing 6 Filed clerk order (Deputy Clerk: LCC): These cross-appeals challenge the district courts January 29, 2021 order on summary judgment, which denied qualified immunity to defendants-appellants. A review of the record suggests that this court may lack jurisdiction over appeal No. 21-55201 because the challenged order may not be final or appealable as to plaintiff-appellant Roberson. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable under 1291 unless it disposes of all claims as to all parties or judgment is entered in compliance with Rule 54(b)); cf. Mitchell v. Forsyth, 472 U.S. 511, 530 (1985) (orders denying qualified immunity are generally immediately appealable); Rodis v. City, Cty. of San Francisco, 558 F.3d 964, 968 (9th Cir. 2009). Within 21 days after the date of this order, plaintiff-appellant Roberson shall move for voluntary dismissal of appeal No. 21-55201 or show cause why it should not be dismissed for lack of jurisdiction. If plaintiff-appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If plaintiff-appellant does not comply with this order, the Clerk shall dismiss appeal No. 21-55201 pursuant to Ninth Circuit Rule 42-1. Briefing in these cross-appeals is suspended pending further order of the court. [12039031] [21-55134, 21-55201] (WL) [Entered: 03/12/2021 08:56 AM] |
| Filing 5 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellant Herman Roberson Mediation Questionnaire due on 03/12/2021. First cross appeal brief due 06/01/2021 for Brian Lazorek and Jerome Michalczak. Second brief on cross appeal due 07/01/2021 for Herman Roberson. Third brief on cross appeal due 08/02/2021 for Brian Lazorek, Jerome Michalczak and City of Hawthorne. Optional cross appeal reply brief is due within 21 days of service of third brief on cross appeal. [12025739] [21-55201, 21-55134] (JBS) [Entered: 03/05/2021 10:55 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 03/30/2021, 10:00 a.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12023867] (VS) [Entered: 03/04/2021 08:59 AM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 02/26/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12018816]. [21-55134] (AD) [Entered: 02/26/2021 06:44 PM] |
| Filing 2 Filed (ECF) Appellants Officer Brian Lazorek and Jerome Michalczak Mediation Questionnaire. Date of service: 02/26/2021. [12018560] [21-55134] (Sakai, Raymond) [Entered: 02/26/2021 03:46 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Brian Lazorek and Jerome Michalczak Mediation Questionnaire due on 02/26/2021. Transcript ordered by 03/22/2021. Transcript due 04/19/2021. Appellants Brian Lazorek and Jerome Michalczak opening brief due 06/01/2021. Appellee Herman Roberson answering brief due 07/01/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12009736] (JBS) [Entered: 02/19/2021 12:34 PM] |
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