Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 1 of 15 Page ID #:6

UNITED STATES COURT OF APPEALS

FILED

FOR THE NINTH CIRCUIT

MAY 162008
MOLLY c. DWYER. CLERK OF COURT U.s. COURT OF APPEALS

DARREN THOMAS; JESUS AVILA; ERNESTO AVILA; TRACY BATTA AARON BREITIGAM; ANTONIO CABALLERO; RUBEN CALDERON individually and as Guardian Ad Litem for Christina and David Calderon, minors; CAROLINA CALDERON; LINDA CALDERON JORGE CALDERON; DEMETRIO CARILLO, ELZIE COLEMAN; DOLORES DALTON, Guardian Ad Litem for RON DLATON, a minor; MARIANNE ENGLISH, individually and as Parent and Heir of LAWRENCE JOHNSON, Deceased; SERGIO GALINDO; RAUL GONZALES; MARCELO GONZALEZ; RICHARD HERNANDEZ; JEFFREY HOLLIMAN; SOCORRO HUERTA, Guardian Ad Litem for FERNANDEZ MARTINEZ, a minor ERIC JONES; SANDRA LEONARD, Heir of WILLIAM LEONARD Deceased; CANDI LEONARD, Heir of WILLIAM LEONARD, Deceased YIDEFONZA LORENZANA; ALFREDO MAYA, individually and as Guardian Ad Litem for Irene Maya; RAUL MAYA, individually and as Guardian Ad Litem for RAUL MAYA, JR., a minor; CARLOS MAYA; MARGUERITA MAYA; RUBEN MAYAR; LUPE MAYA; NATALIE MELENDREZ, Guardian Ad Litem for JESSIE MELENDEZ, a minor GEORGE MENDIBLES; ESTELLA MONTOYA, individually a nd as Guardian Ad Litem for REBECCA MONTOYA, a minor and

No. 06-56228 D.C. No. CV-90-05217-TJH Central District of California, Los Angeles
MANDATE

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 2 of 15 Page ID #:7
CRYSTAL TREVINO & MONIQUE TREVINO; RAPHAEL OCHOA; JOSE ORTEGA; DELIA OSITA; PATSY PEREZ, a Guardian Ad Litem for ADOLPHO ALEJADE and BRIAN ALEJADE, minors; RITA PRECIADO, Guardian Ad Litem for SALV ADOR PRECIADO, a minor; TERESA RODRIGUEZ individually and as Guardian Ad Litem for ALICE OREJEL and MARIA OREJEL, minors; SERGIO SANCHEZ; JOSE SANCHEZ; ALFREDO SANCHEZ; CHARLES SCOTT; MICHAEL STERLING; KEVIN MARSHALL WILLIAM SCOTT; ALVIN WASHINGTON; DA NNY WILLIAMS; JULIA POLK, Administrator for the Estate of LLOYD POLK; ESTELA SANCHEZ; ALFONSO SANCHEA; FRANCISCO TOVAR, individually and as Guardian Ad Litem for FRANCISCO TOVAR, JR., YESENIA TOVAR, MARCELA TOVAR, JAIME TOVAR, JESUS TOVAR AND HERMAN TOVA R, minors; ELSA TOVAR; MARTA VELEZ,
Plaintiffs,
v.
COUNTY OF LOS ANGELES; LOS ANGELES SHERIFF'S DEPARTMENT, a public entity; CITY OF LYNWOOD, a public entity and a municipal corporation; SHERMAN BLOCK, individually and as Sheriff of the County of Los Angeles; ROBERT EDMONDS individually and as Undersheriff of the County of Los Angeles; JERRY HARPER, individually and as Assistant Sheriff of the County of

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 3 of 15 Page ID #:8
Los Angeles; RICHARD FOREMAN, individually and as Assistant Sheriff of the County of Los Angeles; BERT J. CUEVA, individually and as Commander of the Los Angeles Sheriffs Department, Lynwood Station; MICHAEL J. GARCIA #207136; DOUGLAS GILLIES, #244674; JASON MANN, #196175; GUY MATO, #188894; THOMAS ZAMPIELLO, #128, who is sued individually and in his official capacity; JUAN ALVARADO UKNOWN ANDERSON, Sergeant #160080; CHARLES BARTON; GARY BLACKWELL; STEVE BLAIR, #236778; ROBERT BLUME, #273451 UNKNOWN BRANDENBURG,#209523; C. BRANTLEY, Lt.; TIMOTHY BROAD; RICHARD 1. CASTRO, Lt.; UNKNOWN COSTLEIGH, #173151 UNKNOWN DEVINE, Sgt.; ROBERT DILLARD; STEPHEN DOWNEY #219137; LANCE FRALICK; RONALD E. GILBERT, #207131; UNKNOWN GIRON; NEILS GITTISARN, #236616; CURTIS GOLDE N; RAYMOND GOTT, Captain; RUBEN GARCIA, #213459; ALLEN HARRIS; T.J. HARVEY, #038535; UNKNOWN HOLBROOK, #209619; ERIC HUBNER #37190; DALE HUFFMAN, #265013; KEVIN J. KIFF, #235151; ALLYN LAWRENCE MARTIN, #223374; ABEL A. MORENO, #195912; UNKNOWN NUNEZ, #0 67434; UNKNOWN O'HARA, #183119; JEROLD REEVES #208423; MICHAEL REYNOLDS; UNKNOWN RIFKIN, #207195; LARRY SHULTZ; SAMUEL SILVA; GERALD RICHARD THOMPSON, #238853; GREG THURMAN; PATRICK VALDEZ; MICHAEL VOGE #186761; BYRON G.

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 4 of 15 Page ID #:9
WAINIE, #222015; TODD LAWRENCE WALLACE, #248150; JOHN A. WEST, #248032; MICHAEL WILBER; CHRIS JAMES YOUNG, #248084 PAUL ARCHAMBAULT, #213669; ANTHONY CAMPBELL, #013405; JAMES CORRIGAN, #213671; ROBERT DELGADILLO, #230237; KELLY MCMICHAEL, (GILL), #260309; J. LESLIE, #223389; JOHN MOSSOTTI, #232692; EDWARD M. NORDSKOG, #241276; MICHAEL PIPPIN, #116212; DAN RAIMO, #207220; THOMAS A. ROSAS #111632; J. SHEEHY, #207157; ELIZABETH SMITH, #222075 GREGORY THOMPSON, #196144; TIMOTHY E. BENSON, #246380 KATHERINE BROWN-VOYER, #258489; T. BROWNELL; RICHARD CALZADA; SCOTT CARTER, #150582; JOHN CHAPMAN, #220837 JAVIER CLIFT; JOHN CORINA, #213435; DANIEL COOPER; DANIELLE CORMIER; FRUSTINO DELVALLE; CRAIG DITSCH; RAYMOND ESQUERRA TIMOTHY GLOVER; FRANK GONZALES; KEVIN GORAN, #222021 ; ALBERT GROTEFEND, #034657; JOSEPH GUZMAN; TOMMY HARRIS, Sgt.; A. HERRERA, Lt.; JOSEPH HOLM ES, #041885; LOY LUNA, #201663 SCOTT LEE MCCORMICK, #248043; JACK NEIHOUSE; UNKNOWN NELSON #220245; RODOLFO O'DELL; RICHARD OROSCO, #068734; JAMES PACINA; UNKNOWN RADELEFF, Lt.; JACK RAMIREZ, #211246; R.A. REED, #236792; ALLEN RIPLEY; MARTIN RODRIGUEZ; WILLIAM ROMAN,

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 5 of 15 Page ID #:10
#077668; T. RUNNING; MICHAEL SALVATORE, #044852 MICHAEL SCHNEIDER, #244092; M. SPARKS, Lt.; BRIAN STEINWANG #218524, JACK TARASIUK, #244912; K. WALL, #238868; JAMES WHITTEN; ROBERT WINDRIM; ANDRE PINESETT, #260171, each of whom is sued individually and in his or her official capacity as an agent or employee of the County of Los Angeles,
Defendants - Appellees, v. FREDDIE FUIAVA,
Plaintiff-intervenor Appellant.
The judgment of this Court, entered 04/24/2008, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure.
FOR THE COURT: Molly C. Dwyer Clerk of Court
By: Theresa Benitez Deputy Clerk

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 6 of 15 Page ID #:11

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS

FILED

FOR THE NINTH CIRCUIT

APR 24 2008

DARREN THOMAS; JESUS AVILA; ERNESTO AVILA; TRACY BATTA AARON BREITIGAM; ANTONIO CABALLERO; RUBEN CALDERON individually and as Guardian Ad Litem for Christina and David Calderon, minors; CAROLINA CALDERON; LINDA CALDERON JORGE CALDERON; DEMETRIO CARILLO, ELZIE COLEMAN; DOLORES DALTON, Guardian Ad Litem for RON DLATON, a minor; MARIANNE ENGLISH, individually and as Parent and Heir of LAWRENCE JOHNSON, Deceased; SERGIO GALINDO; RAUL GONZALES; MARCELO GONZALEZ; RICHARD HERNANDEZ; JEFFREY HOLLIMAN; SOCORRO HUERTA, Guardian Ad Litem for FERNANDEZ MARTINEZ, a minor ERIC JONES; SANDRA LEONARD, Heir of WILLIAM LEONARD Deceased; CANDI LEONARD, Heir of WILLIAM LEONARD, Deceased YIDEFONZA LORENZANA; ALFREDO MAYA, individually and as Guardian Ad Litem for

No. 06-56228

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

D.C. No. CV-90-05217-TJH

MEMORANDUM *

• This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 7 of 15 Page ID #:12

Irene Maya; RAUL MAYA, individually and as Guardian Ad Litem for RAUL MAYA, JR., a minor; CARLOS MAYA; MARGUERITA MAYA; RUBEN MAYAR; LUPE MAYA; NATALIE MELENDREZ, Guardian Ad Litem for JESSIE MELENDEZ, a minor GEORGE MENDIBLES; ESTELLA MONTOYA, individually a nd as Guardian Ad Litem for REBECCA MONTOYA, a minor and CRYSTAL TREVINO & MONIQUE TREVINO; RAPHAEL OCHOA; JOSE ORTEGA; DELIA OSITA; PATSY PEREZ, a Guardian Ad Litem for ADOLPHO ALEJADE and BRIAN ALEJADE, minors; RITA PRECIADO, Guardian Ad Litem for SALVADOR PRECIADO, a minor; TERESA RODRIGUEZ individually and as Guardian Ad Litem for ALICE OREJEL and MARIA OREJEL, minors; SERGIO SANCHEZ; JOSE SANCHEZ; ALFREDO SANCHEZ; CHARLES SCOTT; MICHAEL STERLING; KEVIN MARSHALL WILLIAM SCOTT; ALVIN WASHINGTON; DA NNY WILLIAMS; JULIA POLK, Administrator for the Estate of LLOYD POLK; ESTELA SANCHEZ; ALFONSO SANCHEA; FRANCISCO TOVAR, individually and as Guardian Ad Litem for FRANCISCO TOVAR, JR., YESENIA TOVAR, MARCELA TOVAR, JAIME TOVAR, JESUS TOVAR AND HERMAN TOVA R, minors; ELSA TOVAR; MARTA VELEZ,
Plaintiffs,
2

06-56228

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 8 of 15 Page ID #:13

v.
COUNTY OF LOS ANGELES; LOS ANGELES SHERIFF'S DEPARTMENT, a public entity; CITY OF LYNWOOD, a public entity and a municipal corporation; SHERMAN BLOCK, individually and as Sheriff of the County of Los Angeles; ROBERT EDMONDS individually and as Undersheriff of the County of Los Angeles; JERRY HARPER, individually and as Assistant Sheriff of the County of Los Angeles; RICHARD FOREMAN, individually and as Assistant Sheriff of the County of Los Angeles; BERT J. CUEVA, individually and as Commander of the Los Angeles Sheriffs Department, Lynwood Station; MICHAEL J. GARCIA #207136; DOUGLAS GILLIES, #244674; JASON MANN, #196175; GUY MATO, #188894; THOMAS ZAMPIELLO, #128, who is sued individually and in his official capacity; JUAN ALVARADO UKNOWN ANDERSON, Sergeant #160080; CHARLES BARTON; GARY BLACKWELL; STEVE BLAIR, #236778; ROBERT BLUME, #273451 UNKNOWN BRANDENBURG,#209523; C. BRANTLEY, Lt.; TIMOTHY BROAD; RICHARD L. CASTRO, Lt.; UNKNOWN COSTLEIGH, #173151 UNKNOWN DEVINE, Sgt.; ROBERT DILLARD; STEPHEN DOWNEY #219137; LANCE FRALICK; RONALD E. GILBERT, #207131; UNKNOWN GIRON; NEILS GITTISARN, #236616; CURTIS GOLDE N; RAYMOND GOTT, Captain; RUBEN
3

06-56228

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 9 of 15 Page ID #:14

GARCIA, #213459; ALLEN HARRIS; T.J. HARVEY, #038535; UNKNOWN HOLBROOK, #209619; ERIC HUBNER #37190; DALE HUFFMAN, #265013; KEVIN J. KIFF, #235151; ALLYN LAWRENCE MARTIN, #223374; ABEL A. MORENO, #195912; UNKNOWN NUNEZ, #0 67434; UNKNOWN O'HARA, #183119; JEROLD REEVES #208423; MICHAEL REYNOLDS; UNKNOWN RIFKIN, #207195; LARRY SHULTZ; SAMUEL SILVA; GERALD RICHARD THOMPSON, #238853; GREG THURMAN; PATRICK VALDEZ; MICHAEL VOGE #186761; BYRON G. WAINIE, #222015; TODD LAWRENCE WALLACE, #248150; JOHN A. WEST, #248032; MICHAEL WILBER; CHRIS JAMES YOUNG, #248084 PAUL ARCHAMBAULT, #213669; ANTHONY CAMPBELL, #013405; JAMES CORRIGAN, #213671; ROBERT DELGADILLO, #230237; KELLY MCMICHAEL, (GILL), #260309; J. LESLIE, #223389; JOHN MOSSOTTI, #232692; EDWARD M. NORDSKOG, #241276; MICHAEL PIPPIN, #116212; DAN RAIMO, #207220; THOMAS A. ROSAS #111632; J. SHEEHY, #207157; ELIZABETH SMITH, #222075 GREGORY THOMPSON, #196144; TIMOTHY E. BENSON, #246380 KATHERINE BROWN-VOYER, #258489; T. BROWNELL; RICHARD CALZADA; SCOTT CARTER, #150582; JOHN CHAPMAN, #220837 JAVIER CLIFT; JOHN CORlNA, #213435;
4

06-56228

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 10 of 15 Page ID #:15

DANIEL COOPER; DANIELLE CORMIER; FRUSTINO DELVALLE; CRAIG DITSCH; RAYMOND ESQUERRA TIMOTHY GLOVER; FRANK GONZALES; KEVIN GORAN, #222021; ALBERT GROTEFEND, #034657; JOSEPH GUZMAN; TOMMY HARRIS, Sgt.; A. HERRERA, Lt.; JOSEPH HOLM ES, #041885; LOY LUNA, #201663 SCOTT LEE MCCORMICK, #248043; JACK NEIHOUSE; UNKNOWN NELSON #220245; RODOLFO O'DELL; RICHARD OROSCO, #068734; JAMES PACINA; UNKNOWN RADELEFF, Lt.; JACK RAMIREZ, #211246; R.A. REED, #236792; ALLEN RIPLEY; MARTIN RODRIGUEZ; WILLIAM ROMAN, #077668; T. RUNNING; MICHAEL SALVATORE, #044852 MICHAEL SCHNEIDER, #244092; M. SPARKS, Lt.; BRIAN STEINWANG #218524, JACK TARASIUK, #244912; K. WALL, #238868; JAMES WHITTEN; ROBERT WINDRIM; ANDRE PINESETT, #260171, each of whom is sued individually and in his or her official capacity as an agent or employee of the County of Los Angeles,
Defendants - Appellees,
v.
FREDDIE FUIAVA,
Plaintiff-intervenor -
5

06-56228

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 11 of 15 Page ID #:16

Appellant.

Appeal from the United States District Court for the Central District of California
Terry 1. Hatter, District Judge, Presiding Submitted April 7, 2008** Pasadena, CA
Before: GOODWIN, KLEINFELD, and BYBEE, Circuit Judges. Freddie Fuiava appeals the district court's denial of his motion to intervene
in this closed case in the Central District, to seek modification of a protective order that apparently is still in effect.
Fuiava, a prisoner seeking post-conviction relief in state court, alleges a need to access parts of the district court record to obtain evidence for use in his state court habeas corpus petition. The district court denied the motion without stating a reason for its denial. We vacate the challenged order and remand the motion to give the district court an opportunity to state the reasons for its ruling.
In Foltz v. State Farm Mutual Automobile Insurance Co., 331 F.3d 1122 (9th Cir. 2003), we held that district courts abuse their discretion when they deny motions seeking modification of a protective order without explanation.

... The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

6

06-56228

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 12 of 15 Page ID #:17

On May 26, 2006, the California Superior Court in which Fuiava is pursuing his post-conviction remedy, granted in part his motion to conduct discovery of certain records from the Los Angeles County Sheriffs Department. Fuiava then made the pending motion to intervene in this case, requesting that the district court modify its protective order. Los Angeles County opposed the motion. Fuiava stated that he needed discovery of the underlying documentation relating to a deputy's use of force on the twenty individuals about whom the deputy had been questioned in his deposition, as well as "other documents that support his claim that there was a culture of misconduct prevalent at the Lynwood station ...."
On July 31, 2006, the district court denied Fuiava's motion to intervene without explanation. The entire disposition states: "The Court has considered the motion of Freddie Fuiava to intervene to seek modification of the protective order, together with the moving and opposing papers. It is Ordered that the motion be, and hereby is, Denied."
Federal Rule of Civil Procedure 24(b) permits intervention by a collateral litigant for the purpose of seeking modification of a protective order, even after the conclusion of the underlying action. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470,472-73 (9th Cir. 1992). "This court strongly favors access to discovery materials to meet the needs of parties engaged in collateral litigation." Foltz, 331

7

06-56228

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 13 of 15 Page ID #:18

F.3d at 1131. When evaluating a collateral litigant's request for modification of a protective order, the district court must first assess the relevance of the protected discovery to the collateral proceedings. Id. at 1132. "[R]elevance hinges on the degree of overlap in facts, parties, and issues between the suit covered by the protective order and the collateral proceedings." Id. (internal quotation marks omitted). Second, the court must "weigh the countervailing reliance interest of the party opposing modification against the policy of avoiding duplicative discovery." Id. at 1133.
The district court must explain its decision to allow for appellate review. In Foltz, the district court issued a cursory denial of the collateral litigant's motion to modify the protective order, without specifying the basis for its decision. Id. at 1133-34. We held that the district court abused its discretion because it "utterly fail[ed] to apply [the legal rules] to the facts of this case" and "articulate[d] no basis" for its conclusions. Id. 1134. We remanded "with instructions to make a relevance determination based upon a comparison of the complaints ... , the contents of the protected discovery, the general rules on the scope of discovery in the collateral jurisdictions, and any other relevant factors ...." Id.
In this case, the district court's order contains no reference to the controlling legal rules, nor does it apply these principles to the protected discovery in light of

8

06-56228

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 14 of 15 Page ID #:19

Fuiava's collateral state proceedings. See Foltz, 331 F.3d at 1133-34. As Fuiava notes in his reply brief, the district court's denial "gave this Court nothing upon which to base meaningful appellate review."
The district court's role in ruling on this motion is limited to making "a rough estimate of relevance," and "[e]ven if [it] modifies the protective order, it does not decide whether the collateral litigants will ultimately obtain the discovery materials." Id. at 1132-33. "[D]isputes over the ultimate discoverability of specific materials covered by the protective order must be resolved by the collateral courts." Id. at 1133 (emphasis added). Here, the federal district court need decide only whether to modify its protective order. The state court has the sole authority to address whether the protected case materials are discoverable under California law, and whether habeas corpus is the proper collateral remedy.
Finally, the County contends that Fuiava's motion to intervene violates the Rooker-Feldman doctrine, which prohibits federal district courts from hearing appeals from state court judgments. See D. C. Court ofAppeals v. Feldman, 460 U.S. 462 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923). Fuiava is not appealing a state court judgment. Rather, his motion to intervene asks the federal district court to modify a protective order that it entered in a previous case. The state courts will retain full control over the discovery process in Fuiava's state

9

06-56228

Case 2:90-cv-05217-TJH Document 1933 Filed 05/16/08 Page 15 of 15 Page ID #:20
court habeas proceedings. See Foltz, 331 F.3d at 1133 ("If the protective order is modified, the collateral courts may freely control the discovery processes in the controversies before them without running up against the protective order of another court.").
The challenged order is vacated and the cause is remanded to the district court for further proceedings.

10

06-56228

 
 Case 2:90-cv-05217-TJH Document 1953 Filed 02/11/09 Page 1 of 2 Page ID #:129

1

2

3

4

5

6

7

8

United States District Court

9

Central District of California

10

Western Division

11

12

DARREN THOMAS, et al.,

CV 90-5217-TJH (Ex)

13

Plaintiffs,

14

v.

15

COUNTY OF LOS ANGELES, et al.,

16

Defendants.

Order
(#1942) JS-6

17

18

The Court has considered proposed Intervener Freddie Fuiava’s renewed

19 motion to intervene and to modify the Court’s protective order, together with the

20 moving and opposing papers.

21

The Court may permit anyone to intervene who has a claim or defense that

22 shares a common question of law or fact with the main action. Fed. R. Civ. P.

23 24(b)(1)(B). A collateral litigant may file a motion to intervene and modify a

24 protective order after the litigation from which the protective order arose has closed.

25 Beckman Indus., Inc. v. International Ins. Co., 966 F.2d 470, 472-73 (9th Cir.

26 1992).

Order – Page 1

Case 2:90-cv-05217-TJH Document 1953 Filed 02/11/09 Page 2 of 2 Page ID #:130

1

The Court must weigh two factors in evaluating a collateral litigant’s request

2

for modification of a protective order. Foltz v. State Farm Mut. Auto. Ins. Co., 331

3

F.3d 1122, 1132-33 (9th Cir. 2003). First, the Court must examine the relevance

4

of the protected material to the collateral proceedings. Foltz, 331 F.3d at 1132

5 (“[R]elevance hinges on the degree of overlap in facts, parties, and issues between

6 the suit covered by the protective order and the collateral proceedings.”). Second,

7 the Court must weigh the interests of the party opposing modification against judicial

8 policy limiting duplicative discovery. Foltz, 331 F.3d at 1133.

9

Fuiava has failed to articulate how access to the requested reports will be

10 relevant to his collateral litigation featuring self-defense. Instead of explaining how

11 the reports will aid his cause, Fuiava simply lists the reports he wants to discover

12 and then makes a conclusory statement that those reports relate to his collateral

13 action. Without a sufficient explanation, this Court cannot evaluate the relevance

14 of the reports requested, as called for under Foltz.

15

As to the second factor, the County of Los Angeles asserts that the state court

16 has already determined that the reports of the slain deputy were relevant and that

17 other Sheriff’s department reports were irrelevant. Weighing the County’s argument

18 for maintaining the protective order against the judicial policy limiting duplicative

19 discovery, as called for under the second Foltz factor, the County’s position prevails.

20

It is Ordered that the renewed motion to intervene to modify the protective

21

order be, and hereby is, Denied.

22

23 Date: February 11, 2009
24
25

___________________________________
Terry J. Hatter, Jr. Senior United States District Judge

26

Order – Page 2

 
 Case 2:90-cv-05217-TJH Document 1963 Filed 04/30/10 Page 1 of 9 Page ID #:150

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

FILED
APR 30 2010
MOlJ..V C OWYER ,CLERK
u.s.COURT OF APPEALS

DARREN THOMAS; et aI.,
Plaintiffs, and FREDDIE PUlAVA,
Plaintiff-intervenor Appellant,
v.
LOS ANGELES COUNTY, a public entity; et aI.,
Defendants - Appellees.

No. 09-55297
D.C. No . 2:90-cv-05217-TJH U.S. District Court for Central California, Los Angeles
MANDATE

RECEIV ED CLERK, U.S. DISTRICT COURT

APR 3 0 2010

CENT
BY

F CALIFORNIA
DEPUTY

The judgment of this Court, entere<l April 08, 2010, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Proce<lure.

Case 2:90-cv-05217-TJH Document 1963 Filed 04/30/10 Page 2 of 9 Page ID #:151
FOR THE COURT:
Molly C. Dwyer Clerk of Court
Gabriela Van Allen Deputy Clerk

Case 2:90-cv-05217-TJH Document 1963 Filed 04/30/10 Page 3 of 9 Page ID #:152
FILED

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS

APR 08 2010
MOLLY C. DWYER, CLERK U ,S. CO URT OF APPEALS

FOR THE NINTH CIRCUIT

DARREN THOMAS; JESUS AVILA; ERNESTO AVILA; TRACY BATTS; AARON BREITIGAM; ANTONIO CABALLERO; RUBEN CALDERON individually and as Guardian Ad Litem for Christina and David Calderon, minors; CAROLINA CALDERON; LINDA CALDERON; JORGE CALDERON; DEMETRIO CARILLO; ELZIE COLEMAN; DOLORES DALTON, Guardian ad Litem for a minor Ron Dalton; MARRIANNE ENGLISH, inidividually and as parent and heir of Lawrence Johnson; Deceased; SERGIO GALINDO; RAUL GONZALES; MARCELO GONZALEZ; RICHARD HERNANDEZ; JEFFREY HOLLIMAN; SOCORRO HUERTA, Guardian ad litem for minor Fernandez Martinez; ERIC JONES; SANDRA LEONARD, heir of William Leonard; deceased; CANDI LEONARD, heir of William Leonard; deceased; YIDEFONZA LORENZANA; ALFREDO MAYA, inidividually and as Guardian ad litem for Irene Maya; RAUL MAY A, individual and as Guardian ad litem for Raul Maya Jr, a minor; CARLOS MAYA; MARGUERITA MAYA ;

No. 09-55297 D.C. No. 2:90-cv-052I 7-TJH
MEMORANDUM'

• This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case 2:90-cv-05217-TJH Document 1963 Filed 04/30/10 Page 4 of 9 Page ID #:153
RUBEN MAYA; LUPE MAY A; NATALIE MELENDREZ, Guardian ad litem for a minor Jessie Melendrez; GEORGE MENDIBLES; ESTELLA MONTOYA, individually and as Guardian ad litem for Rebecca Montoya a minor & Crystal Trevino & Monique Trevino; RAPHAEL OCHOA; JOSE ORTEGA; DELIA OSITA; PATSY PEREZ Guardian at litem for Adolpho Alejade a minor & Brian Alejade a minor; RITA PRECIADO, Guardian ad litem for Salvador Preciado a minor; TERESA RODRIGUEZ, individually and as Guardian ad litem Alice Orejel a minor Maria Orejel a minor; SERGIO SANCHEZ; JOSE SANCHEZ; ALFREDO SANCHEZ; CHARLES SCOTT; MICHAEL STERLING; KEVIN MARSHALL; WILLIAM SCOTT; ALVIN WASHINTON; DANNY WILLIAMS; JULIA POLK Administrator for Estate of Lloyd Polk; ESTELA SANCHEZ; ALFONSO SANCHEZ; FRANCISCO TOVAR, individually and as guardian ad litem for minors Francisco Tovar Jr, Yesenia Tovar, Marcela Tovar, Jaime Tovar, Jesus Tovar and Herman Tovar; ELSA TOVAR; MARTA VELEZ,
Plaintiffs,
and
FREDDIE FUIAVA,
Plaintiff-Intervenor-Appellant,
-2-

Case 2:90-cv-05217-TJH Document 1963 Filed 04/30/10 Page 5 of 9 Page ID #:154
v.
LOS ANGELES COUNTY, a public entity; LOS ANGELES SHERIFF'S DEPARTMENT, a public entity; CITY OF LYNWOOD, a public entity & a municipal corporation; SHERMAN BLOCK individually and as Sheriff of the County of Los Angeles; ROBERT EDMONDS, individually and as Undersheriff of the County of Los Angeles; JERRY HARPER, individually and as Assistant Sheriff of the County of Los Angeles; RICHARD FOREMAN, individually and as Assistant Sheriff of the County of Los Angeles; BERT J. CUEVA, individually and as Commander of the Los Angeles County Sheriffs Lynwood Station; PAUL ARCHAMBAULT, #213669; ANTHONY CAMPBELL, #013405; JAMES CORRIGAN, #213671 ; ROBERT DELGADILLO, #230237 ; MICHAEL J. GARCIA, #207136; KELLY MCMICHAEL, #260309; DOUGLAS GILLIES #244674; J. LESLIE, #223389; JASON MANN, #196175; GUY MATO #188894; JOHN MOSSOTTI, #232692; EDWARD M. NORDSKOG #241276; MICHAEL PIPPIN, #116212; DAN RAIMO, #207220; THOMAS ROSAS, #111632; J. SHEEHY, #207157; ELIZABETH NMI SMITH #222075; GREGORY THOMPSON, #196144; THOMAS ZAMPIELLO, #128 who is sued individually and in his official capacity; JUAN ALVARADO; UNKNOWN ANDERSON, Sgt #160080;
-3-

Case 2:90-cv-05217-TJH Document 1963 Filed 04/30/10 Page 6 of 9 Page ID #:155
CHARLES BARTON; TIMOTHY E. BENSON, #246380; GARY BLACKWELL; STEVE BLAIR #236778; ROBERT BLUME, #273451; UNKNOWN BRANDENBURG #209523; C. BRANTLEY, Lt.; TIMOTHY BROAD; KATHERINE BROWN- VOYER, #258489; T. BROWNELL; RICHARD CALZADA; SCOTT CARTER #150582; RICHARD L. CASTRO, Lt.; JOHN CHAPMAN, #220837; JAVIER CLIFT; JOHN NIM CORINA, #213435; DANIEL COOPER; DANIELLE CORMIER; UNKNOWN COSTLEIGH, #173151; FRUSTINO DELVALLE; UNKNOWN DEVINE, Sgt; ROBERT DILLARD; CRAIG DITSCH; STEPHEN DOWNEY, #219137; RAYMOND ESQUERRA, #137451; LANCE FRALICK; RONALD E. GILBERT, #207131; UNKNOWN GIRON, #033144; NEILS GITTISARN, #236616; TIMOTHY GLOVER; CURTIS GOLDEN; FRANK NMI GONZALES; KEVIN GORAN, #222021; RAYMOND GOTT Captain; RUBEN GRACIA, #213459; ALBERT GROTEFEND, #034657; JOSEPH NMI GUZMAN; ALLEN HARRIS; TOMMY HARRIS, Sgt.; T. J. HARVEY, #038535; A. HERRERA, Lt.; UNKNOWN HOLBROOK, #209619; JOSEPH HOLMES, #041885; ERIC HUBNER, #37190; DALE HUFFMAN #265013; KEVIN 1. KIFF, #235151; LOY LUNA, #201663; ALLYN LAWRENCE MARTIN, #223374; SCOTT LEE MCCORMICK, #248043; ABEL A.
-4-

Case 2:90-cv-05217-TJH Document 1963 Filed 04/30/10 Page 7 of 9 Page ID #:156
MORENO, #195912; JACK NEIHOUSE; UNKNOWN NELSON, #220245; UNKNOWN NUNEZ, #067434; RODOLFO O'DELL; UNKNOWN O'HARA # 183119; RICHARD OROSCO, #068734; JAMES PACINA; ANDRE PINESETT, #260171; UNKNOWN RADELEFF, Lt.; JACK RAMIREZ #211246 ; R. A. REED, #236792; MICHAEL NMI REYNOLDS; UNKNOWN RIFKIN, #207195; ALLEN NMI RIPLEY; MARTIN RODRIGUEZ; WILLIAM ROMAN, #077668; T. RUNNING; MICHAEL SALVATORE, #044852; MICHAEL SCHNEIDER, #244092; LARRY SHULTZ; SAMUEL SILVA; M. SPARKS, Lt.; BRIAN NMI STEINWAND, #2l8524; JACK TARASIUK #244912; GERALD RICHARD THOMPSON, #238853; GREG THURMAN; PATRICK VALDEZ; MICHAEL VOGE, #186761; BYRON WAINIE #222015; K. WALL, #238868; TODD LAWRENCE WALLACE, #248150; JOHN A. WEST, #248032; JAMES WHITTEN; MICHAEL NMI WILBER; ROBERT WINDRIM; CHRIS JAMES YOUNG, #248084, each of whom is sued individually in his or her official capacity as an agent or employee of the County of Los Angeles,
Defendants - Appellees.
Appeal from the United States District Court
-5-

Case 2:90-cv-05217-TJH Document 1963 Filed 04/30/10 Page 8 of 9 Page ID #:157
for the Central District of California Terry J. Hatter, District Judge, Presiding Argued and Submitted April 6, 2010"
Pasadena, California Before: FERNANDEZ, SILVERMAN and GRABER, Circuit Judges.
Intervenor-Appellant Freddie Fuiava's petition for habeas corpus is currently pending in state court. The state court partially granted Fuiava's motion under California Penal Code § 1054.9 to take additional discovery in support of his petition. Fuiava then moved to intervene in this closed case in the Central District of California seeking modification of any protective order covering the discovery generated during the life of this case. After the district court denied his motion without stating a reason for its denial, a panel of this circuit remanded to give the district court an opportunity to state the reasons for its ruling. See Thomas v. County ofL.A., No. 06-56228,275 Fed. Appx. 664 (9th Cir. 2008) (citing Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122 (9th Cir. 2003».
On remand, the district court again denied the motion to intervene, concluding that Fuiava had not articulated how access to the evidence he sought would be relevant to his collateral litigation. The district court further concluded
" The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App . P. 34(a)(2).
-6-

Case 2:90-cv-05217-TJH Document 1963 Filed 04/30/10 Page 9 of 9 Page ID #:158
that the reliance interest of the County in maintaining the protective order outweighed the policy of avoiding duplicative discovery. Fuiava appealed and we now vacate the district court's order because the motion to intervene to modify the protective order is moot.
[n response to the panel's inquiries, neither party has identified a protective order that covers the discovery in this case. Fuiava's motion to intervene seeking modification of a protective order is therefore moot. No protective order prevents Fuiava from obtaining the discovery he seeks.
The district court's order denying Fuiava's renewed motion to intervene to modify the protective order is VACATED and the case is REMANDED with directions to dismiss the motion as moot.
-7-

 
 Ffim: Kevin S. R»»d To: Rotwrt Moojsy

D»
Thomas v. Co.of Los Angeles

1 HUGH R. MANES--Lead Counsel

CAROL A. WATSON

2 MANES & WATSON
3600 Wilshire Blvd., Ste. 1710

3

Los Angeles, CA 90010 (213) 3S1-7793

4 JTJT.TTJS I.. CHAMBERS

CLYDE E. MURPHY

MARINA IISIEII

ALAN JENKINS

6 NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC.

7 99 Hudson Street, Ste. 1600 New York, NY10013

8

(212) 219-1900

9 BILL LANN LEE PATRICK O. PATTERSON

CONSTANCE L. RICE
10 KEVIN S. REED

NAACP LEGAL DEFENSE &

11

EDUCATIONAL FUND, INC.

315 W. 9th Street, Ste. 208

Yi T.os Angeles, CA 90015 (213) 624-2405

13 ROBERT GARCIA
UCLA SCHOOL OF LAW
14 405 Hilgard Avenue
Los Angeles, CA 90024
15 (310) 925-4487

• • ••

• •

••••!

•

• 1IHBII • •

•• • •

PN-CA-003-001

JOHN C. BURTON JAMES S. MULLER BURTON & NORRIS 301 N. Lake Street, Ste. 800 Pasadena, CA 91101 (818) 449-8300

GARY S. CASSET.MAN 11340 W. Olympic, Ste. 250 Los Angeles, CA 90064 (310) 478-8388
ROBERT MANN DONALD W. COOK MANN & COOK 3600 Wilshire Blvd., Ste. 1710 Los Angeles, CA 90010 (213) 252-9444
ART GOLDBERG SANDOR C. FUCHS GOLDBERG & FUCHS 1467 Echo Park Avenue T.os Angeles, CA 90026 (213) 250-5500

JAMES FOSTER 4929 Wilshire Blvd., Ste. 915 Los Angeles, CA 90010 (213)936-2110
JORGE GONZALEZ 2614'/» North Broadway Street Los Angeles, CA 90031 (213) 225-2247
TED T. YAMAMOTO 1200 Wilshire Blvd., Ste. 206 T.os Angeles, CA 90017 (213)482-2248

RICHARD EIDEN 2110 S. Hill Street, Ste. O Occansidc, CA 92054 (619) 967-9101

MARK E. GLASSER 2210 Wilshire Blvd., #313 Santa Monica, CA 90403 (310) 319-3777

16 Attorneys for Plaintiffs

17

UNITED STATES DISTRICT COURT

18

CENTRAL DISTRICT OF CALIFORNIA

19

20

DARREN THOMAS; MICHAEL STERLING; KEVIN MARSHALL;

21

WILLIAM SCOTT; JliSUS AVILA; ERNESTO AVILA; TRACY BATTS;

22

AARON BREITIGAM; ANTONIO CABALLERO; RUBEN CALDERON,

23

individually and as guardian ad litem for CHRISTIANA CALDERON, a minor; and

24

DAVID CALDERON, a minor; CAROLINA CALDERON; LTNDA CALDERON;

25

JORGE CALDERON; DEMETRIO CARRILLO; ELZIE COLEMAN;

26

DOLORES DALTON as guardian ad litem for RON DALTON, a minor; MARIAN

27

ENGLISH individually, and as parent and heir of LAWRENCE JOHNSON, deceased;

28 SERGIO GALINDO; RAUL GONZALES;
MARCliLO GONZALEZ; RICHARD

HERNANDEZ; JEFFERY HOLLIMAN;

SOCORRO HUERTA as guardian ad litem

)

Case No. CV 90-5217

)

)

FIRST AMENDED

)

COMPLAINT FOR

DAMAGES,

)

INJITNCTIVE AND

>

DECLARATORY

)

RELIEF AND

RECEIVERSHIP

)

(42 U.S.C. SS 1983, 1985)

)

)

)

)

CLASS ACTION

)

)

)

DEMAND FOR JURY

TRIAL

)

)

From: Kavin S. Raad To: Robart Moony

D»l.: 1W95 Tim.: 12:15:52

for FERNANDO MARTINEZ, a minor;

)

ERIC JONES; SANDRA LEONARD and

)

CANDI LEONARD, each as heirs of

)

WILLIAM LEONARD, deceased;

)

YLDEFONZA LORENZANA; ALFREDO

)

MAYA, individually and as guardian ad

)

litem for TRENE MAYA; RAUL MAYA,

)

individually and as guardian ad litem for

)

RAUL MAYA, JR., a minor; CARLOS

)

MAYA; MARGUERITA MAYA; RUBEN

)

6 MAYA; LUPli MAYA; GILBERT MAYA;

)

NATALIE MELENDREZ as guardian ad

)

7 litem for JESSIE MELENDREZ, a minor,

)

GREGORIA MENDIBLES; ESTELLA

)

8 MONTOYA, individually and as guardian

)

ad litem for REBECCA MONTOYA, a

)

9 minor, MONIQUE TREVINO, a minor, and

)

CRYSTAL TREVINO, a minor; RAPHAEL )

10 OCHOA; JOSE ORTEGA; DELIA OSITA;

)

PATSY PEREZ as guardian ad litem for

)

11 ADOLPHO ALEJADE, a minor, and

)

BRIAN ALEJADE, a minor; JULTA POLK,

)

12 Administrator for Estate of LLOYD POLK;

)

RITA PRECIADO as guardian ad litem for

)

13 SALVADOR PRECIADO, a minor;

)

TERESA RODRIGUEZ, individually and as )

14 guardian ad litem for ALICE OREJEL, a

)

minor and MARIA OREJEL, a minor;

)

15 ESTELA SANCHEZ; SERGIO SANCHEZ;

)

ALl'ONSO SANCHEZ; JOSE SANCHEZ;

)

16 ALFREDO SANCHEZ; CHARLES SCOTT; )

FRANCISCO TOVAR, individually and as

)

17 guardian ad litem for the following minors:

)

FRANCISCO TOVAR Jr., a minor,

)

18 YESENIA TOVAR, a minor; MARCELA

)

TOVAR, a minor, JAIME TOVAR, a minor, )

19 JESUS TOVAR, a minor, and HERMAN

)

TOVAR, a minor; ELSA TOVAR; MARTA )

20 VELEZ; ALVIN WASHINGTON; and

)

DANNY WILLIAMS, on behalf of

)

21 themselves and all other persons similarly

)

situated,

)

22

Plaintiffs,

)

23

vs.

)

24

COUNTY OF LOS ANGELES, a public

)

25 entity; LOS ANGELES COUNTY

)

SHERIFFS DEPARTMENT, a public entity; ) 26 CITY OF LYNWOOD, a public entity and a )

municipal corporation; SHERMAN BLOCK, )

27 individually, and as Sheriff of the County of

)

Los Angeles; ROBERT EDMONDS,

)

28 individually, and as Undersheriff of the

)

County of Los Angeles; JERRY HARPER,

)

Pag* 3 ol 52

From: Kavin S. Raad To: Robert Mootsy

Dal*: 1/8/95 Tim*. 12.19.14

Pa<ja S of 52

1
)
2
3
TABLE OF CONTENTS
4
INTRODUCTION
6
JURISDICTION
7
VENUE
8
PARTIES
9
Plaintiffs
10
Defendants
11
CLASS ACTTON ALLEGATIONS
INCORPORATION
13
CHARGING ALLEGATIONS
14
First Cause of Action (All Plaintiffs^?
15
1 jyViolence and Excessive Force
16
(^/Unreasonable Searches and Seizures
17
(5) Racial Discrimination and Harassment
18
i^/Retaliation, Cover Charges and Discouragement of Complaints
19
(£) Deficient Personnel Practices
20
U Inadequate Investigatory Practices and Covering Up Misconduct
21
Second Cause of Action (AllPlainriffi)^>.
22
Third Cause of Action (All PlaintiffiO^X-
23
Fourth Cause of Action (Darren Thomas, Kevin Marshall,
24
Michael Sterling, William Scott)
25
Fifth Cause of Action (Sandra Leonard and Candi Leonard)
26
Sixth Cause of Action (Estate of Lloyd Polk)
?J
Seventh Cause of Action (Fernando Martinez)
28
Eighth Cause of Action (Jose Ortega)
V

Pages: 1 2 3 3 3 5 8 9 9 9 10 10 11 12 12 13 16 16
17 20 21 22 23

From: Kavin S. R»»d To: Robart Moojiy

Data: 1W95 Tuna: 12:17:01

individually, and as Assistant Sheriff of the

)

County of Los Angeles; RICHARD

)

FOREMAN, individually, and as Assistant

)

Sheriff of the County of Los Angeles;

)

BERT J. CUEVA, individually, and as

)

Commander of the Los Angeles County

)

Sheriffs T.ynwood Station; JUAN

)

ALVARADO; SGT. ANDERSON

)

(#160080); PAUL ARCHAMBAULT

)

(#213669); CHARLES BARTON;

)

TIMOTHY E. BENSON (#246380); GARY

)

BLACKWELL; STEVE BLAIR (#236778);

)

ROBERT BLUME (#273451);

)

BRANDENBURG (#209523); LT. C.

)

DRANTLliY; TIMOTHY 1JROAD;

)

KATHERINE BROWN-VOYER (#258489); )

T. BROWNELL; RICHARD CALZADA;

)

ANTHONY CAMPBELL (#013405);

)

10 SCOTT CARTER (#150582); LT.

)

RICHARD L. CASTRO; JOHN CHAPMAN )

11 (#220837); JAVIER CLIFT; JOHN

)

CORINA (#213435); DANIEL COOPER;

)

DANIELLE CORMIER; JAMES

)

CORRIGAN (#213671); COSTLEIGH

)

13 (#173151); ROBERT DELGADILLO

)

(#230237); l'RUSTINO DELVALLli; SGT.

)

14 DEVINE; ROBERT DILLARD; CRAIG

)

DITSCH; STEPHEN DOWNEY (#219137);

)

15 RAYMOND ESQUERRA (#137451);

)

LANCE 1'RALICK.; MICHAEL J. GARCIA )

16 (#207136); RONALD E. GILBERT

)

(#207131); KELLY (GILL) MCMICHAEL

)

17 (#260309); GIRON (#033144); DOUGLAS

)

GILLIES (#244674); NEILS GITTISARN

)

18 (#236616); TIMOTHY GLOVER; CURTIS

)

GOLDEN; FRANK GONZALES; KEVIN

)

19 GORAN (#222021); CAPTATN RAYMOND )

GOTT; RUBEN GRACIA (#213459);

)

20 ALBERT GROTEFEND (#034657);

)

JOSEPH GUZMAN; ALLEN HARRIS;

)

21 SGT. TOMMY HARRIS; T.J. HARVEY

)

(#038535); LT. A. HERRERA;

)

22 HOLBROOK (#209619); JOSEPH

)

HOLMES (#041885); ERIC HUBNER

)

23 (#37190); DALE HUl'l'MAN (#265013);

)

KEVIN J. KIFF (#235151); J. LESLIE

)

24 (#223389); LOY LUNA (#201663); JASON )

MANN (#196175); ALLYN LAWRENCE

)

25 MARTIN (#223374); GUY MATO

)

(#188894); SCOTT LEE McCORMICK

)

26 (#248043); ABEL A. MORENO (#195912);

)

JOHN MOSSOTTT (#232692); JACK

)

27 NEIHOUSE; NELSON (#220245);

)

EDWARD M. NORDSKOG (#241276);

)

28 NUNEZ (#067434); RODOLFO O'DELL;

)

O'l 1ARA (# 183119); KIC11AKD OROSCO

)

in

Paga 4 ol 52

From: Kavin S. Ra«d To: Robert Mooisy

Data: 1/0/9S Tim*: 12:18:15

1 (#068734); JAMES PACINA; ANDRE
PINESETT (//260171); MICHAEL PIPPIN
2 (#116212); LT. RADELEFF; DAN RAIMO
(#207220); JACK RAMIREZ (#211246);
3 JEROLD REEVES (#208423); R.A. REED
(#236792); MICHAEL REYNOLDS;
4 RTFKIN (#207195); ALLEN RIPLF.Y;
MARTIN RODRIGUEZ; WILLIAM
5 ROMAN (#077668); THOMAS A. ROSAS
(#111632); T. RUNNING; MICHAEL
6 SALVATORli (#044852); M1C11ADL
SCHNEIDER (#244092); J. SHEEHY
7 (#207157); LARRY SHULTZ; SAMUEL
SILVA; ELIZABETH SMITH (#222075);
8 LT. M. SPARKS; UR1AN STEIN WAND
(#218524); JACK TARASIUK (#244912);
9 GREGORY THOMPSON (#196144);
GERALD RICHARD THOMPSON
10 (#238853); GREG THURMAN; PATRICK
VALDEZ; MICHAEL VOGE (#186761);
11 BYRON G. WAINIE (#222015); K. WALL
(#238868); TODD LAWRENCE
12 WALLACE (#248150); JOHN A. WEST
(#248032); JAMES WHITTEN; MICHAEL
13 WILBER; ROBERT WINDRIM; CHRIS
JAMES YOUNG (#248084); each of whom
14 is sued individually in his or her official
capacity as an agent or employee of the
15 County of Los Angeles; City of Compton
Police Officer THOMAS ZAMPIELLO
16 | (#128), who is sued individually and in his
official capacity; and DOES 1 through 414,
17 each of whom is sued individually and in
his or her official capacity as an agent or
18 employee of the County of Los Angeles, or
the City of Lynwood,
19
Defendants.
20
21
22
23
24
25
26
27
28
IV

Pag* 5 ol 52

From: Kwrin S. Raad To: Robart Moossy

Dais: 1W95 Tim: 12:20:02

1... .. Pag* 7 ol 52

I Ninth Cause of Action (Aaron Breiligam)

24

2 Tenth Cause of Action (Alvin Washington, Jeffrey Holliman,

3

Danny Williams and Charles Scott)

24

4 Twelfth Cause of Action (Maya Household)

25

Thirteenth Cause of Action (Rodriguez Household)

26

6 Fourteenth Cause of Action (Montoya Household)

27

7 Fifteenth Cause of Action (Calderon Household)

28

8 Sixteenth Cause of Action (Tovar Household)

30

9 Seventeenth Cause of Action (Sergio Galindo)

31

10 Eighteenth Cause of Action (Sanchez Family)

.,

31

11 Nineteenth Cause of Action (Richard Hernandez)

32

\2 Twentieth Cause of Action (Raul Gonzales)

33

13 Twenty-First Cause of Action (Jesse Melendrez)

33

14 Twenty-Second Cause of Action (Salvador Preciado and Raphael Ochoa)

34

15 Twenty-Third Cause of Action (Marrianne English)

34

16 Twenty-Fourth Cause of Action (Ron Dalton, Eric Jones and Marcelo Gonzalez)

35

17 Twenty-Fifth Cause of Action (Demetrio Carillo)

36

18 Twenty-Sixth Cause of Action (Tracy Batts)

36

19 Twenty-Seventh Cause of Action (Elzie Coleman)

37

20 DAMAGES

38

21 INJUNCTIVE RELIEF

40

22 PRAYER FOR RELIEF

40

23 DEMAND FOR JURY TRIAL

46

24

25

26

21

28

From: Kavin S. B»»d To: Robmt Moossy

Date: 1/8/95 Tuna: 12:20:53

P»g» 8 ol 52

1 Plaintiffs allege:

2

INTRODUCTION

3

1. This is a civil rights action brought under 42 U.S.C. §§ 1983 and 1985 against the

4 COIJNTY OF T -OS ANGF.T-FS;THF, T .OS ANGFT ,FS COTJNTY SHFRTFF'S DFP ARTMFNT,

[hereinafter "LASD"]; THE CITY OF LYNWOOD; SHERMAN BLOCK, Sheriff; ROBERT

6 EDMONDS, UnderSheriff; JERRY HARPER, Assistant Sheriff; RICHARD FOREMAN,

7 Assistant Sheriff; BERT J. CUEVA, Commander of the LASD's Lynwood Station [hereinafter

8 "Lynwood Station"]; numerous Los Angeles County deputy sheriffs; and one City of Compton

9 police officer. All individuals are sued individually and in their official capacities. Plaintiffs

10 seek compensatory and punitive damages, as well as equitable relief, including preliminary and

11 permanent injunctions, declaratory relief and an order for receivership of the Lynwood Station.

2. Defendant deputies, with the tacit authorization of the defendant policy-makers,

13 have engaged in a pattern of constitutional violations directed against plaintiffs and other

14 members of the class who have been or may be subject to unnecessary or excessive force,

illegal searches and seizures or racial discrimination in the law enforcement jurisdiction of the

16 Lynwood Station. The abusive acts include warrantless, harassing arrests and detentions,

17 incidents of excessive force and unwarranted physical abuse against handcuffed and otherwise

18 defenseless detainees (beating, kicking, pushing, striking with flashlights, choking, slamming

19 doors on legs, slapping, shooting to maim); ransacking homes and businesses; incidents of

20 outright torture (interrogation with stun guns, beating victims into unconsciousness, holding a

21 gun in a victim's mouth and pulling the trigger on an empty chamber, pushing a victim's head

22 through a squad car window); quick-stop driving to bang a victim's head against the squad car

23 screen; and uninhibited expressions of racial animus by deputies, including use of epithets such

24 as "niggers" and "wetbacks." The defendant deputies, with the tacit authorization of the

25 defendant policy makers, have engaged in a pattern of using violence and excessive force,

26 making illegal arrests and detentions, conducting unreasonable searches and seizures, and

21 discriminating on the bases of race, ethnicity, color, national origin, age or economic class

28 against the plaintiffs and the members of the class in the law enforcement jurisdiction of the

1

From: K*vin S. R**d To: Robert Moony

Dal*: 1/8/95 Tim.: 12:23:16

Pag* 10 ol 52

Lynwood, California, and involves Los Angeles County Deputy Sheriffs assigned to or stationed at the Lynwood Station.

PARTIES

5

Plaintiffs

6

6. Plaintiffs DARREN THOMAS, KEVIN MARSHALL, MICHAEL STERLING,

7 WILLIAM SCOTT, ALVTN WASHINGTON, JEFFERY HOLLIMAN, TRACY BATTS, ELZIE

8 COLEMAN, CHARLES SCOT!" and DANNY WILLIAMS are African-American males who,

9 at the relevant times hereto, were victims of abuse inflicted upon them at least in part because

10 of their race or color by one or more Los Angeles County Deputy Sheriffs assigned to or

11 stationed at the Lynwood Station, pursuant to the policies and practices referred to in paragraph

12 25, infra.

13

7. Plaintiff MARIAN ENGLISH is the mother and heir at law of LAWRENCE

14 JOHNSON, deceased, a fifteen year old African-American youth, killed at least in part because

15 of his race or color by one or more deputy sheriffs assigned or stationed at to the Lynwood

16 Station, pursuant to the policies and practices referred to in paragraph 25 infra.

17

8. Plaintiff JULIA POLK is the administrator of the Estate of LLOYD POLK, deceased,

18 who was a Latino man who was the victim of abuse inflicted upon him by one or more of the

19 deputies assigned to the Lynwood Station, pursuant to the policies and practices referred to in

20 paragraph 25, infra.

21

9. Plaintiffs MARCELO GONZALEZ; SOCORRO 11UERTA as guardian ad litem for

22 FERNANDO MARTINEZ, a minor; JOSE ORTEGA; RICHARD HERNANDEZ;

23 MARGUER1TA MA YA; GILBERT MAYA; CARLOS MAYA; LUPE MA YA; RAUL MAYA;

24 RAUL MAYA, JR.; RUBEN MAYA; ALFREDO MAYA, individually and as guardian ad

25 litem for IRENE MAYA, a minor; DELIA OSITA; TERESA RODRIGUEZ, individually and

26 as guardian ad litem for MARIA OREJEL, a minor, and ALICE OREJEL, a minor; GEORGIA

27 MENDIBLES; PATSY PEREZ as guardian ad litem for ADOLPHO ALEJADE, a minor, and

28 BRIAN ALEJADE, a minor; ANTONIO CABALLERO; ERNESTO AVILA; JESUS AVILA;

From: Kevin S. R««d To: Robwl Mootty

Date: 1/OT5 Tims: 12.24:23

Pag* 11 ol 52

1 ESTELA MONTOYA, individually and as guardian ad lilem for REBECCA MONTOYA, a

2 minor, CRYSTAL TREVINO, a minor, and MONIQUE TREVINO, a minor; JORGE

3 CALDERON; CAROLINA CALDERON; LINDA CALDERON; RUBEN CALDERON,

4 individually and as guardian ad litem for CHRTSTTANA CALDERON, a minor; and DAVID

CALDERON, a minor; ELSA TOVAR; FRANCISCO TOVAR, individually and as guardian

6 ad litem for FRANCISCO TOVAR Jr., a minor, YESEN1A TOVAR, a minor, MARCELA

7 TOVAR, a minor, JAIME TOVAR, a minor, JESUS TOVAR, a minor, and HERMAN TOVAR,

8 a minor; SERGIO GAL1NDO; SERGIO SANCHEZ; ALFREDO SANCHEZ; ALFONSO

9 SANCHEZ; JOSE SANCHEZ; YLDEFONZA LORENZANA; MARTA VELEZ; ESTELA

10 SANCHEZ; RAUL GONZALES; NATALIE MELENDREZ as guardian ad litem for JESSIE

11 MELENDREZ, a minor; RITA PRECIADO as guardian ad litem for SALVADOR PRECIADO,

12 a minor, RAPHAEL OCHOA; ERIC JONES; DOLORES DALTON as guardian ad litem for

13 RON DALTON, a minor; and DEMETRIO CARRILLO, are Latino men and women who were

14 victims of abuse inflicted upon them at least in part because of their race, color, or national

15 origin by one or more Los Angeles County Deputy Sheriffs assigned to or stationed at the

16 Lynwood Station, pursuant to the policies and practices referred to in paragraph 25, infra.

17

10. Plaintiffs SANDRA LEONARD and CANDI LEONARD arc each the natural

18 daughters and heirs at law of WILLIAM LEONARD, a white man who was killed at least in

19 part because of his economic class, or because of the race, color, or national origin of persons

20 with whom he associated, by one or more deputy sheriffs assigned to or stationed at the

21 Lynwood Station, pursuant to the policies and practices referred to in paragraph 25, infra.

22

11. Plaintiff AARON BREITIGAM is a white young man who was a victim of abuse

23 inflicted upon him at least in part because of his economic class, or because of the race, color,

24 or national origin of persons with whom he associated, by one or more deputy sheriffs assigned

25 to or stationed at the Lynwood Station, pursuant to the policies and practices referred to in

26 paragraph 25 infra.

27

Defendant*

28

12. At all times herein mentioned defendant CITY OF LYNWOOD was and is a legal

4

From: Knin S. R»»d To: Robert Moossy

Date: 1/8/95 Tim*: 12:22:08

Paga 9 ol 52

1 Lynwood Slalion, in violation of iheir rights under the First, Fourth, Fiflh, Eighth, (Ninth/,

2 Thirteenth, and Fourteenth Amendments to the Constitution of the United States of America.

3 As a result of the terrorist-type tactics of the defendant deputies, and the policy makers'

4 tolerance of such tactics, plaintiffs and other members of the class are being irreparably injured,

both physically and mentally, and their civil rights are being violated.

6

3. The pattern of official misconduct isjtttributablejto illegal and unconstitutional

7 policies, rules, regulations, practices,_customs, or_usages [hereinafter "policies and practices"]

8 of the LASD. Policy makers for the COUNTY Ol' LOS ANGELES, the LASD and Ihe CITY

9 OF LYNWOOD, including the defendants BLOCK, EDMONDS, HARPER, FOREMAN, and

10 CUEVA, were aware of, acquiesced in, tolerated, and tacitly authorized and encouraged, failed

11 to prevent and caused theille^aj^and_unconstitutional terrorist tactics by the defendant deputies.

Defendants COUNTY OF LOS ANGELES, LASD, CITY OF LYNWOOD, BLOCK,

13 EDMONDS, HARPER, FOREMAN, and CUEVA have failed to control or discipline deputy

14 sheriffs who use violence, excessive force and unreasonable searches and seizures; have

15 fostered a culture of violence, discriminatory treatment and official misconduct against members

16 of racial and olher minority groups; have avoided or minimized Ihe consequences of official

17 misconduct by defendant deputy sheriffs; have discouraged the filing and investigation of

18 civilian complaints; and have otherwise failed to adopt_adequateperjonnel practice protect

19 the legal and constitutional rights of the plaintiffs and the members of the class. The defendants

20 COUNTY OF LOS ANGELES, LASD, CITY OF LYNWOOD, BLOCK, EDMONDS,

21 HARPER, FOREMAN, and CUEVA have thereby exhibited deliberate indifference to the

22 constitutional rights of the plaintiffs and the members of the class.

23

JUHISDKTlOrV

24

4. Jurisdiction is conferred upon this Court by 28 U.S.C. §§ 1331 and 1343. Plaintiffs

25 seek declaratory relief pursuant to 28 U.S.C. §§ 2201 and 2202.

26

27

VENUE

5. Each claim herein arises out of an incident which occurred in or near the City of

From: Kavin S. Raad To: Robart Moosty

Date: 1/8/95 Tuna: 12:25:35

Paga 12 ol 52

and political entity and municipality duly organized and existing as such under the laws of and

within the State of California, and the County of Los Angeles.

3

13. At all times herein mentioned defendant COUNTY OF LOS ANGELES was and is

4 a legal and political entity established under the laws of the State of California and the Charter

of the County of Los Angeles, with all the powers specified and necessarily implied by the

6 Constitution and laws of the State of California and exercised by a duly elected Uoard of

7 Supervisors or its agents and officers. At all times mentioned herein the LOS ANGELES

8 COUNTY SHERIFFS DEPARTMENT was and is a public entity under California law.

9

14. At all times herein mentioned defendant SHERMAN BLOCK was and is the duly

10 elected Sheriff of Los Angeles County, and in such capacity was and is the manager and chief

11 administrator of the LASD. BLOCK is responsible for, among other things, the employment,

12 discharge, training, supervision, control, assignment and discipline of all sworn and civilian

13 personnel of the LASD, and the formulation, promulgation, adoption, application,

14 implementation, administration, enforcement and revocation of the policies and practices of

15 LASD.

16

15. At all times herein mentioned defendant ROBERT EDMONDS was and is the

17 Undcrshcriff of LASD, and as such, is second in command of LASD, assisting and aiding the

18 Sheriff in the performance of his duties.

19

16. At all times herein mentioned defendants JERRY HARPER and RTCHARD

20 FOREMAN were and are the Assistant Sheriffs of LASD, who assist and aid the Sheriff in the

21 performance of his duties, and in particular, they, together with Undersheriff EDMONDS, are

22 responsible for the administration of disciplinary policies and procedures within LASD, subject

23 to the Sheriffs overall responsibility therefor.

24

17. At all times herein mentioned Captain BERT J. CUEVA was the commanding

25 officer of the Lynwood Station, which is located at 11330 Bullis Road, in Lynwood, California,

26 and which has law enforcement jurisdiction over all of the City of Lynwood and the

27 surrounding unincorporated areas of Los Angeles County, including Willowbrook and East 28 Compton. Captain CUEVA creates or implements policies and practices of the LASD at the

From: Kevin S. Reed To: Robert Moossy

Dal*. 1/6/95 Time: 12:26:45

Paga 13 ol 52

1 Lynwood Slalion.

2

18. Plaintiffs arc informed and believe and based thereon allege that defendants JUAN

3 ALVARADO; SGT.ANDERSON (#160080); PAUL ARCHAMBAULT(#213669); CHARLES

4 BARTON; TIMOTHY E. BENSON (#246380); GARY BI.ACKWELL; STEVE BT.ATR
(#236778); ROBERT BLUME (#273451); BRANDENBURG (#209523); LT. C. BRANTLEY;

6 TIMOTHY BROAD;KATllERlNL:BROWN-VOYER(#258489);r.BROWNELL;RlCllARD

7 CALZADA; ANTHONY CAMPBELL (#013405); SCOTT CARTER (#150582); LT.

8 RICHARD L. CASTRO; JOHN CHAPMAN (#220837); JAVIER CLI1T; JOHN COR1NA

9 (#213435); DANIEL COOPER; DANIELLE CORMIER; JAMES CORRIGAN (#213671);

10 COSTLEIGH(#173151);ROBERTDELGADILLO(#230237);FRUSTINODELVALLE;SGT.

11 DEVINE; ROBERT DILLARD; CRAIG DITSCH; STEPHEN DOWNEY (#219137);

12 RAYMOND ESQUERRA (#137451); LANCE FRALICK; MICHAEL J. GARCIA (#207136);

13 GIRON (#033144); RONALD E. GILBERT (#207131); KELLY (GILL) MCMICHAEL

14 (#260309); DOUGLAS GILLIES (#244674); NEILS GITTISARN (#236616); TIMOTHY

15 GLOVER; CURTIS GOLDEN; FRANK GONZALES; KEVIN GORAN (#222021); CAPT.

16 RAYMOND GOTT; RUBEN GRACIA (#213459); ALBERT GROTEFEND (#034657);

17 JOSEPH GUZMAN; ALLEN HARRIS; SGT. TOMMY HARRIS; T.J. HARVEY (#038535);

18 | LT. A. HERRERA; HOLBROOK (209619); JOSEPH HOLMES (#041885); ERIC HUBNER

19 (#37190); DALE HUFFMAN (#265013); KEVIN J. KIFF (#235151); J. LESLIE (#223389);

20 LOY LUNA (#201663); JASON MANN (#196175); ALLYN LAWRENCE MARTIN

21 (#223374); GUY MATO (#188894); SCOTT Llili McCORMICK (#(248043); ABEL A.

22 MORENO (#195912); JOHN MOSSOTTI (#232692); JACKNEIHOUSE; NELSON (#220245);

23 liDWARD M. NORDSKOG (#241276); NUNEZ (#067434); RODOLl'O O'DELL; O'HARA

24 (#183119); RICHARD OROSCO(//068734); JAMES PACINA; ANDRE PINESETT(//260171);

25 MICHAEL PIPPIN (#116212); LT. RADELEFF; DAN RAIMO (#207220); JACK RAMIREZ

26 (#211246); JEROLD REEVES (#208423); R.A. REED (#236792); MICHAEL REYNOLDS;

27 RIFKTN (#207195); ALLEN RIPLEY; MARTIN RODRIGUEZ; WILLIAM ROMAN

28 (#077668); THOMAS A. ROSAS (#111632); T. RUNNING; MICHAEL SALVATORE

From: Kavin S. B«»d To: Robert Mootiy

Data: 1/W95 Tima: 12:28:02

Paga 14 ol 52

1 (#044852); MICHAEL SCHNEIDER (#244092); J. SHEEHY (#207157); LARRY SHULTZ;

2 SAMUEL SILVA; ELIZABETH SMITH (#222075); LT. M. SPARKS; BRIAN STEINWAND

3 (#218524); JACK TARASIUK (#244912); GREGORY THOMPSON (#196144); GERALD

RICHARD THOMPSON (#238853); GREG THURMAN; PATRICK VAT.DEZ; MICH ART.

VOGE (#186761); BYRON G. WAINIE (#222015); K. WALL (#238868); TODD LAWRENCE

6 WALLACE (#248150); JOHN A. WEST (#248032); JAMES W111TTEN; MICHAEL W1L13ER;

7 ROBERT WINDRIM; CHRIS JAMES YOUNG (#248084) are individual Los Angeles County

8 Deputy Sheriffs, assigned to or working out of the Lynwood Station at the time of the acts

9 hereinafter complained of.

10

19. Plaintiffs are informed and believe and based thereon allege that defendant T.

11 ZAMPIELLO (#128) was and is at all times material hereto a police officer for the City of

12 Compton.

13

20. The true names of defendants DOES 1 through 414 are presently unknown to

14 plaintiffs, who therefore sue each of these defendants by such fictitious name; but upon

15 ascertaining the true identity of a defendant DOE, plaintiffs will amend this Complaint or seek

16 leave lo do so by inserting ihe true name in lieu of Ihe fictitious name. Plaintiffs are each

17 informed and believe, and based thereon allege, that each defendant DOE herein is in some

18 manner responsible for the injuries and damages herein complained of.

19

21. At all times herein mentioned I.ASD provided law enforcement services to

20 defendant CITY OF LYNWOOD pursuant to a written or oral agreement between defendants 21 COUNTY Ol' LOS ANGELES or LASD and defendant CITY Ol1 LYNWOOD. Pursuant to

22 Cal. Govt. Code §815.2(a), defendants COUNTY OF LOS ANGELES and LASD are

23 vicariously liable under 42 U.S.C. §§ 1983 and 1985 for injuries proximately caused by acts

24 or omissions of their employees within the scope of their employment.

25

22. Plaintiffs are informed and believe and based thereon allege that, according to the

26 1990 census, the CITY OF LYNWOOD had a population of approximately 61,945, of which

21 70 percent were Latinos, 21 percent were African-Americans and 6 percent were white; that

28 Lynwood's unemployment was about 12.5 percent as compared to an overall County average

From: Kevin S. Raed To: Robart Moossy

Data: 1/S795 Tuna: 1229:14

Paga 15 of 52

of 7.4 percent; and lhal Ihe taxable income per capita was about $7,260 compared to the Los Angeles County per capita average of $16,149.

CLASS ACTION AIXKCATIONS

23. With respect to their claims for injunctive and declaratory relief only, plaintiffs

6 bring this action on their own behalf and on behalf of a class of all other persons similarly

7 situated pursuant to Rule 23, Federal Rules of Civil Procedure. The class is defined as

8

All residents of or visitors to the geographic area within the law enforcement

9

jurisdiction of the Lynwood station of the Sheriffs Department of the County of Los

10

Angeles who have been or may be subject to policies and practices of unnecessary or

11

excessive force, illegal searches and seizures, or racial discrimination by deputy sheriffs.

12

13

a. In accordance with Fed.R.Civ.P. Rule 23(a), the class is so numerous

14

that joinder of all members is impracticable; there are questions of law or fact

15

common to the class; the claims of the representative parties arc typical of the

16

claims of the class; and the representative parlies will fairly and adequately

17

protect the interests of the class.

18

b. In accordance with Fed.R.Civ.P. Rule 23(b)(2), the parties opposing

19

the class have acted or refused to act on grounds generally applicable to the

20

class, thereby making appropriate final injunctive relief or corresponding

21

declaratory relief with respect to the class as a whole.

22

c. In accordance with Fed.R.Civ.P. Rule 23(c)(4)(A), the action may be

23

brought or maintained as a class action with respect to plaintiffs' claims for

24

injunctive and declaratory relief only.

25

26

INCORPORATION

21

24. Paragraphs 1 through 23 above are hereby repeated, realleged and incoiporated by

28 this reference in paragraphs 25 through 93 of this Complaint.

From: Kavin S. R n d To: Robert Moossy

Date: 1W95 Tuna: 12:30:15

Pag* IS ol 52

CHARGING ALLEGATIONS

First Cause of Action

3 (42 U.S.C. § 1983, by all plaintiffs against defendants COUNTY OF LOS ANGELES, LASD,

4 CTTY OF I.YNWOOD, BLOCK, EDMONDS, HARPER, FOREMAN and CUEVA)

25. Plaintiffs are informed and believe and thereon allege that, at all times herein

6 mentioned, defendants COUNTY Ol' LOS ANGELES, LASD, CITY Ol' LYN WOOD, ULOCK,

7 EDMONDS, HARPER, FOREMAN, and CUEVA, as a matterjaf policy and practice, were

8 aware of, acquiesced in, tolerated, tacitly authorized and encouraged, failed to prevent and

9 caused the illegal and unconstitutional jnisconduct by the defendant deputies. Defendants have

10 thereby exhibited deliberate indifference, gross negligence ©r reckless disregard for the safety,

11 security and federal constitutional and legal rights of plaintiffs and all persons similarly situated.

12 There is adirectjink-bgtwggii^the policies andjjractices of the LASD, the defendant deputies'

13 violent and unconstitutional misconduct, and the injuries suffered by plaintiffs and the members

14 of the class. The unconstitutional policies, practices and misconduct include:

15 Violence a n d Excessive Force

16

a. Deputies subject people to unreasonable, unnecessary, and excessive force,

17

including deadly force.

18

b. Deputies improperly use firearms to terrorize, maim and kill members of the

19

public, including plaintiffs in this action. Deputies enter homes and other

20

premises with their weapons drawn and give armed orders to men, women, and

21

young children without regard to whether their captives pose any threat to

22

deputies or others. Deputies use their firearms to terrorize people during

23

beatings and to kill or maim unarmed persons.

24

c. Deputies use unjustified blows with impact weapons, including metal

25

flashlights, batons, and saps, to the head and other vital parts of the body that

26

are susceptible to serious or fatal injury.

27

d. Deputies use dogs to bite, punish, torture, injure, maim, and disfigure

28

persons, and to inflict excessive and unreasonable force and violence on persons,

From: Kavin S. Raad To: Robert Moony

Data: 1/8/95 Tima: 12:31:21

1.. - „ Paga 17 ol 52

1

where the use of such force is not justified.

2

c. Deputies inflict "curbsidc justice" and "attitude adjustments"—in other words,

3

the unreasonable and unnecessary use ofviolence and excessive force—to punish

summarily members of the public whose words, attitude, or behavior is deemed

offensive by such deputies.

6

f. Deputies inflict summary punishment on persons who temporarily elude or

7

_seek to flee from deputies.

8 Unreasonable Searches and S

9

g. Deputies detain and arrest people without reasonable suspicion or probable

10

cause. Deputies commonly undertake such "detentions and arrests for purposes

11

of harassment and oppression ofpersons because oftheir race, ethnicity, national

12

origin, color, ageor class.

13

h. Deputies execute searches, with or without a warrant, in an unreasonable and

14

violent manner, including the wanton and unnecessary destruction of property.

Ifi

Deputies commonly undertake such searches for purposes of harassment and

16

oppression. Deputies frequently target minority persons for this harassment and

17

oppression. In searches of homes andbusinesses, Lynwood deputies storm in

18

during the early morning hours without giving notice oftheir identity ortime for

19

the occupants to answer the door; they destroy property; they throw property on

20

the floor or from room to room; they terrorize the occupants by brandishing

21

weapons; they force whole families to stand or kneel, nearly naked, in thecold

22

night air for long periods of time; they improperly confiscate property not

23

identified in search warrants; they shove orneedlessly move the frail and ill; and

24

they leave people terrified and suffering psychologically and physically from the

25

experience.

26 Racial Discrimination ond Harassment

27

i. Deputies engage in racist conduct and racially motivated attacks against

28

African-American and Latino members of the community, use racist speech

10

From: Kavin S.Raad To: Robert Moossy

Date: 1/8/95 T«n»: 12:32:24

Pag« 18 ol 52

1

when speaking wilh minority members of Ihe community and denigrate Ihe race,

2

ethnicity and nationality of African-Americans and Latinos members of the

3

community. Racial slurs frequently accompany beatings and other abuse

4

administered by T.ynwood deputies. Lynwood deputies intimidate and ridicule

5

African-Americans and Latinos.

6

j . A group of Lynwood deputies aremembers of or associate with a neo-nazi,

7

white supremacist gang called the "Vikings," which exists with the knowledge

8

and tolerance of defendant departmental policy makers. Lynwood deputies

9

affiliated with theVikings gang engage in racially motivated, anti-black, white-

10

supremacist hate crime activities, use racist speech, andglorify and celebratethe

11

use of excessive force andother official misconduct by deputies.

_-—

12

k. An official policy of targeting suspected gangs in the Lynwood area for

13

special attention results in racially motivated harassment. In addition, African-

14

Americans andLatinos, particularly those who are thought to be connected with

15

gangs, arc the focus of repeated instances of police brutality, harassment and

16

other abuse.

17 Retaliation. Cover Charges and Discouragement of Complaints

18

1. Deputies engage in retaliation and intimidation directed at persons who assert

19

their rights or otherwise question the authority of Lynwood deputies, including

20

confrontations with and retaliatory conduct against plaintiffs in an attempt to

21

convince them to dismiss this action. Particularly when African-Americans or

22

Latinos claim that their rights are being violated and question a deputy's

23

authority, they are likely to be abused.

24

m. Deputies follow an unwritten policy and practice of charging persons injured

25

in the course of routine stops in order to protect deputies from accusations of

26

brutality, harassment and other misconduct.

27

n. Witnesses who attempt to file misconduct reports regarding incidents of

28

V/ brutality and other misconduct byLynwood deputies are discouraged from doing

11

From: Kevin S. Raad To: Robert Moossy

Data: 1/8/95 Tim*: 12:33:29

Pag* 19 ol52

1

so by deputies and iheir superiors.

2 Deficient Personnel Practices

3

/ o. Defendants select, hire, retain, assign, and promote deputies with

4

demonstrable propensities for excessive force, violence, racial prejudice or other

5

misconduct to duties that enable such deputies to engage in such misconduct,

6

p. Defendants fail adequately to train, supervise and control deputies with

7

regard to the use of firearms and force, the investigation and apprehension of

8

suspects, cultural awareness andtheneed to be free of racial andethnic bias,

9

q. Defendants fail adequately to discipline deputies involved in the improper use

10

of firearms or theuse of excessive force, violence, racism and bias, dishonesty

11

or other misconduct.

12

r. Defendants fail to test psychologically and counsel deputies whose use of

13

unreasonable andexcessive force and racial andethnic bias has been brought to

14

the attention of their superiors by multiple citizen complaints or other evidence

15

of such misconduct.

16

s. Defendants condone and encourage deputies in the belief that they canviolate

17

the federally secured rights of persons such as theplaintiffs and members of the

18

class with impunity, and that such conduct will not adversely affect their

19

. opportunities for promotion andother employment benefits.

20 Inadequate Investigatory Practices and Covering Dp Misconduct

21

t. Defendants fail adequately to investigate incidents involving the useof

22

firearms orthe use of force, violence, racial and ethnic bias or other misconduct

23

by deputies.

24

u. Defendants fail adequately to investigate civilian complaints, tort claimsand

25

lawsuits tiled against deputies arising out of incidents of alleged misconduct, and

26

fail even tomaintain files in a manner that would allow defendants to track such

27

complaints, claims, andlawsuits andto monitor misconduct by deputies,

28

v. Defendants and other supervisory personnel conduct investigations in such

12

From: Kevin S. Reed To: Robert Moossy

Data: 1/B/95 T i m . : 12:34:32

. J|

„

Page 20 of 52

a manner as lo fail lo reveal or lo conceal the misconduct of deputies, including but not limited to using investigative techniques and procedures reasonably known to have such effects.

w. Deputies fabricate evidence following incidents involving the improper use

of firearms or the use of excessive force, violence, racial and ethnic bias or other

6

misconduct. ITiese practices include but are not limited to using so-called

7

"creative report writing," i.e., filing materially false police reports, and making

8

false statements to prosecution authorities to obtain the filing of false charges

9

and the institution of false and malicious prosecutions against victims of the

10

deputies' misconduct.

11

x. Deputies remove or cover-up their name tags and conceal their identity in

12

incidents involving the improper use of firearms or the use of excessive force,

13

violence or racial and ethnic bias by deputies.

14

y. Deputies adhere to an unwritten "code of silence" which consists of one

15

simple rule: a deputy docs not provide adverse information against a fellow

16

deputy. Deputy misconduct is allowed to continue even though witnessed by

17

other deputies. The code of silence, which influences the behavior of many

18

deputies in a variety of ways, violates a deputy's public responsibility to ensure

19

compliance with the law.^

20

z. Defendants fail to punish deputies who abide by the code of silence, and fail

21

to protect deputies who break the code of silence from harassment or retaliation

22

by other deputies. Deputies therefore believe that if they fail or refuse to

23

participate in the "code of silence" or fail to cover up or conceal the misconduct

24

of other deputies, that such failures will cause them to be ostracized by other

25

deputies, will adversely aftect their ability to get support from other deputies in

26

the field, and will adversely affect their opportunities for promotion and other

27

employment benefits,

28

aa. Defendants have failed adequately to use a number of tools to prevent

\1

13

From: Kavin S. R»»d To: Robert Moo*«y

Data: 1/W95 Time: 12:35:35

Pag* 21 ol 52

1

/" excessive force, abusive searches and racial and ethnic bias by deputies,

2

including such tools as training, promotions and pay upgrades, monitoring and

3

counselling of deputies, discipline, reassignment of deputies, civil litigation

4

against deputies, and criminal prosecution of deputies. Such failures convey the

message that excessive force, abusive searches, and racial and ethnic bias are in

practice condoned by the policy-making defendants.

7

26. Said defendants and each of them, acting under color of state law, have deprived

8 and continue tnjjgrjrivgjlaintiffs and tht» members of the classjaf rights, privileges, and

9 immunities secured by the^onstitutionand laws of the United States, in particular by the First,

10 Fourth, Fifth, Sixth^jLighth, Ninth, Thirteenth, and Fourteenth Amendments to the United States

11 Constitution, by, inter alia, ordering, authorizing, maintaining, enforcing, tolerating, ratifying,

12 permitting, acquiescing in, or applying the policies and practices set forth in paragraph 25

13 above. As a direct and proximate result of those policies and practices, plaintiffs have

14 sustained injury and damage as described hereinafter.

15

27. Plaintiffs and the members of the class have a reasonable fear that they will

16 continue lo be subjected to defendants' unlawful and unconstitutional actions, policies, and

17 practices set forth above and in paragraph 25, and that plaintiffs and the members of the class

18 will continue to suffer injury and damage as a result thereof. Plaintiffs are informed and

19 believe and thereon allege that, based upon the conduct of the defendants and each of them as

20 set forth hereinabove, and because of the race, class, color, age, or national origin of plaintiffs

21 and the members of the class, they are likely to be the victims of future incidents similar to

22 those set forth above, and that there is a real and immediate threat that defendants will inflict

23 further injury and damage on them.

24 / 28. Plaintiffs are informed and believe and thereon allege that defendants COUNTY

25 )F LOS ANGELES, LASD, CITY OF LYNWOOD, BLOCK, EDMONDS, HARPER,

26 OREMAN, and CUEVA ordered, authorized, maintained, enforced, acquiesced in, tolerated

?J atified, or permitted other defendants herein to apply or to engage in the unlawful and

28 nconstitutional actions, policies, and practices set forth above in paragraph 25. Defendants'

14

From: K«vin S. R»»d To: Robert Moony

Data: 1/8/95 Tuna: 12:36:48

Pag* 22 ol 52

1 conduct alleged herein constitutes a pattern of intimidation, illicit law enforcement behavior,

2 and statutory and constitutional violations based cither on a deliberate plan by defendants or

3 on defendants' deliberate indifference, gross negligence, or reckless disregard to the safety,

4 security and federal constitutional and statutory rights of plaintiffs and the members of the

5 class.

6

7

Second Cause ot Action

8

(42 U.S.C. § 1983, by all plaintiffs against all defendants)

9

29. Defendants and each of them, acting under color of state law, have^onspired^and

10 agreed to deprive plaintiffs of due process of law, the equal protection of the laws, or rights,

11 privileges, or immunities secured by the Constitution and laws of the United States, in

12 particular by the First, Fourth, Fifth, Sixth, Eighth, Ninth, Tliirteenth, and Fourteenth

13 Amendments to the United States Constitution, by, inter alia, ordering, authorizing, maintaining,

14 enforcing, tolerating, ratifying, pennitting, acquiescing in, or applying the policies and practices

15 set forth in paragraph 25 above. In furtherance of this conspiracy, one or more of the

16 defendanls committed one or more of the overt acts sel forth in paragraphs 29 through 86 of

17 this Complaint, which did, in fact, deprive plaintiffs of due process of law, the equal protection

18 of the laws, or their rights, privileges or immunities. As a direct and proximate result of 19 defendants' conspiracy and their overt acts in furtherance thereof, plaintiffs sustained injury and 20 damage as set forth hereinafter.

21

22

Third Cause ot Action

23

(42 U.S.C. 8 1985, tty all plaintiffs against all defendants)

24

30. Defendants and each~6i them have-tonspired and agreed to deprive plaintiffs and

25 the members of the class of the equal protectionotThe laws or equal rights, privileges, or

26 immunities secured by the Constitution and laws of the United States, in particular by the First,

?J Fourth, Fifth, Sixth, Eiglith, Ninth, Tliirteenth, and Fourteenth Amendments to the United States

28 Constitution, by, inter alia, ordering, authorizing, maintaining, enforcing, tolerating, ratifying,

15

From: Kavin S.R**d To: Robert Moony

Data: 1/CV95 Tim*: 12:37:52

Pig* 23 ol 52

1 permitting, acquiescing in, or applying the policies and practices set forth in paragraph 25

2 above. Defendants' conspiracy was and is motivated by animus directed against plaintiffs

3 because of their race, color or national origin, or by the race, color, or national origin of

4 persons with whom they associated, or byother class-based, invidiously discriminatory animus

directed against plaintiffs. In furtherance of this conspiracy, one or more of the defendants

6 committed one or more of the overt acts set forth in paragraphs 31 through 86 of this

7 Complaint, which did, in fact, deprive plaintiffs of the equal protection ofthe laws or of equal

8 rights, privileges orimmunities. Asa direct and proximate result ofdefendants' conspiracy and

9 their overt acts in furtherance thereof, plaintiffs sustained injury and damage as set forth

10 hereinafter.

11

Fourth Came of Action

13 (42 U.S.C. § 1983, by plaintiffs DARREN THOMAS, MICHAEL STERLING, KEVIN

14 MARSHALL AND WILLIAM SCOTT against defendants COUNTY OF LOS ANGELES ,

Ifi LASD, ROSAS, MATO, DELGADILLO, GRACIA, CORRIGAN, CORMIER, RIPLEY, and

16 DOES 1 through 8)

17

31. On or about April 28, 1990, at about 11:30 P.M., at or near 11152 Pope Avenue

18 in ornear the City ofLynwood, California, defendants THOMAS A. ROSAS (#111632), GUY

19 MATO (#188894), DANIELLE CORMIER, ALLEN RIPLEY, andDOES 1 through 4, while

20 acting under color of state law, each wilfully detained, arrested andimprisoned these plaintiffs

21 without a warrant, lawful process or probable cause, reasonable suspicion or lawful process;

22 and these defendants wilfully and without necessity or lawful justification pushed, shoved,

23 struck, kicked andused other unreasonable force upon these plaintiffs.

24

32. While these plaintiffs were in the defendants' custody within police vehicles, en

25 route to Lynwood Station, defendants deliberately drove recklessly, stopping their vehicles

26 suddenly, with the purpose and effect ofhurling the plaintiffs forward against the metal dividers

21 and other hard surfaces within the police vehicles.

28

33. While these plaintiffs were in warrantless custody in the "gang trailer" at Lynwood

16

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Date: 1W95 Tima: 12:39:00

. g— ~
Paga 24 ol 52

Station, defendants MATO, ROSAS, GRACIA, RIPLEY, CORMIER, CORRIGAN,

DELGADILLO and DOES 1 through 4, each wilfully and knowingly struck and beat plaintiff

DARREN THOMAS, kicked him in the face, choked him into unconsciousness twice,

electrocuted him with a taser, and otherwise used unreasonable force upon Mr. THOMAS, all

without necessity or legal justification.

6

34. During this beating and use of excessive force, one or more of the defendants

7 stated to plaintiff THOMAS:

8

"Yeah nigger, you ain't got no rights. We are going to make sure you don't ask

9

any more questions!"

10

35. These defendants repeatedly referred to these-plaintiffs as "niggers"; and one of

11 these defendants, without necessity or legal justification, held a shotgun to the head of plaintiff

\'i MARSHALL while he was in custody in said "gang trailer" following his arrest.

13

36. On or about April 28, 1990, and at various times thereafter, defendants GUY

14 MATO, THOMAS ROSAS (#111632), RUBEN GRACIA (#213459), JAMES CORRIGAN

1ft (#213671), ROBERT DELGADILLO (#230237), ALLEN RIPLEY, DANIELLE CORMIER,

16 EUGENE LESLIE and DOES 1 through 8 deprived plaintifTTHOMAS of rights secured to him

17 by the Fourth and Fourteenth Amendments to the United States Constitution by covering up

18 and concealing their violation of California Penal Code §§ 147, 149, 241, 243 (a) and 245 (a),

19 which violations were committed during the defendants' aforedescribed physical abuse of

20 plaintiff THOMAS. Each said defendant knowingly, intentionally and maliciously, and while

21 acting under color of state law, on or about and at various times after April 28, 1990, prepared,

22 contributed to, approved, submitted and caused and permitted to be prepared, approved and

23 submitted to the District Attorney's office, written and oral reports, accounts, testimony and

24 statements concerning plaintiff THOMAS' alleged conduct which each defendant knew or in

25 the exercise of reasonable care should have known was false, distorted, contrived, and

26 inaccurate, and which contained omissions of material fact relating to and supporting plaintiffs

27 innocence, including the following:

28

a) false allegations that plaintiff THOMAS was drinking an alcoholic

17

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Data: 1W95 Tima: 12:40:10

Page 25 of 52

1 beverage on a public street;

2

b) false allegations that drinking an alcoholic beverage on private property

3 in public view was a violation of a Lynwood ordinance, when, as said defendants each knew

4 or reasonably should have known, it was not;

c) false allegations that plaintiff THOMAS was verbally abusive toward said

6 defendants, or toward any of them;

7

d) false allegations that plaintiff THOMAS struck and attempted to strike

8 said defendants, or any of them;

9

e) false allegations that plaintiff THOMAS resisted and attempted to resist,

10 obstruct and delay his arrest and the performance of their respective duties by said defendants;

11

f) knowing and deliberate omission of the fact that said defendants fired and

12 caused to be fired a taser into plaintiff THOMAS' body twice, all without necessity or legal

13 justification; and

14

g) knowing and deliberate omission from said reports that said defendants

15 knowingly and wilfully used unreasonable and unnecessary force on plaintifiFTHOMAS without

16 necessity or legal justification, and while he was in their custody and control.

17

37. These defendants each knowingly, intentionally and maliciously, and in reckless

18 disregard of plaintiffs civil rights and liberty, and for the aforedescribed reasons, purposes and

19 objectives, prepared and submitted these false reports and caused same to be prepared and

20 submitted to the Los Angeles County District Attorney's office in order to induce that office

21 to prosecute plaintiff THOMAS for criminal violation of Penal Code §§ 243(b), 148, and 69

22 and Lynwood Ordinance 3.2, which offenses said defendants each knew or reasonably should

23 have known at all times material herein that plaintiff THOMAS had not committed and of

24 which offenses he was innocent.

25

38. By reason of the aforedescribed intentions, acts and omissions of said defendants,

26 the Los Angeles County District Attorney's office, without knowledge of the falsity of said

27 reports or of the infonnation contained therein and omitted therefrom, and acting in the belief 28 that they were each accurate and truthful, filed a criminal complaint, No. 90M05630, in the

18

From: Kavin S. Raad To: Robart Moossy

Data: 1W95 Tun.: 12:41:17

P>ga 28 ol 52

Municipal Court ofthe Compton Judicial District, on May 7, 1990, charging plaintiff DARREN

THOMAS with violating on April 28, 1990 Penal Code §243(b) (battery on an officer), §§ 69

and 148, resisting, delaying, and obstructing a police officer in thedischarge of a duty of his

office) andT.ynwood Municipal Ordinance §3.2 (drinking alcohol on a public street), which

5 accusation each defendant at all times herein mentioned knew, orin the exercise of reasonable
6 care should have known, was false and untrue.

7

39. By reason ofthe defendants' above-described actions, criminal charges were made,

8 procured and caused to be made, procured, instituted and prosecuted by said defendants and

9 each of them against plaintiff THOMAS maliciously and without probable orreasonable cause

10 and in reckless disregard of his civil and constitutional rights, security, andliberty; and by

11 reason thereof, plaintiff was prosecuted in ajury trial commencing about February 27, 1991,

12 through March 14, 1991, onwhich latter date, a mistrial was declared bythe court, and all of

13 said criminal charges were dismissed bythe Court with prejudice.

14

40. By reason ofthe aforedescribed acts and omissions of said defendants and each of

IS them, plaintiff THOMAS was compelled to retain an attorney to represent him through said 16 criminal proceedings, and thereby incurred legal fees and expenses in a sum not yet fully 17 known, but which sum is in excess of $25,000. 18

19

Fifth Cauim off Action

20 (42 U.S.C. § 1983, by plaintiff SANDRA LEONARD AND CANDI LEONARD against

21 defendants COUNTY Ol' LOS ANGELES, LASD, MARTIN, WALLACE, THOMPSON,

22 YOUNG, BENSON, McCORMICK, GILBERT, MORENO, WAINIE, BLUME, BLAIR, WEST,

23 DOWNEY, GTTT1SARN, DOES 9 through 14)

24

41. On orabout February 10, 1990, at ornear Brenton Street in the City of Lynwood,

25 California, defendants ALLYN L. MARTIN (#223374), TODD L. WALLACE (#248150), 26 GERALD R. THOMPSON (#238853), CHRIS J.YOUNG (#248084), TIMOTHY E. BENSON

27 (#246380), SCOTT L. McCORMICK (#248043), RONALD E. GILBERT (#207131), ABEL 28 A. MORENO (#195912), BYRON G. WAINIE (#222015), ROBERT BLUME (#273451),

19

From: Kavin S. Ra»d To: Robert Moossy

Data: 1/8/35 Tima: 12:42:28

Pag* 2? ol 52

1 STEVE BLAIR (Z/236778), JOHN A. WEST (#248032), STEPHEN DOWNEY (//219137), 2 NEILS GITTISARN (#236616), and DOES 9 through 14, without necessity or lawful 3 justification, dideach knowingly and wilfully shoot and kill WILLIAM LEONARD, the father 4 of plaintiffs SANDRA LEONARD andCANDI LEONARD.

6

Sixth Caiiw ol Action

7

(42 U.S.C. § 1983, by plaintiff JULIA POLK, Administrator of the Estate of LLOYD

8 POLK, against defendants COUNTY Ol1LOS ANGELES, LASD, MANN, NORDSKOG,

9 CHAPMAN, BLACKWELL, WILBER, FRALICK, ALVARADO, TARASIUK, THURMAN,

10 REYNOLDS andDOES 15through30)

11

42. Onor about February 11, 1990, at ornear 11162 Virginia in theCity of Lynwood,

12 defendants JASON MANN (#196175), EDWARD M. NORDSKOG (#241276), JOHN

13 CHAPMAN (#220837), GARY BLACKWELL, MICHAEL WILBER, LANCE FRALICK,

14 JUAN ALVARADO, and DOES 15 through 25, and each ofthem, without necessity or lawful

15 justification, and without a warrant, seized, arrested andimprisoned LLOYD POLK for over

16 17 days, and did each knowingly and wilfully kick andbeat him repeatedly with billy clubs

17 about thehead andbody. Defendants filed false and misleading police reports which resulted

18 in Mr. POLK's unwarranted criminal prosecution. Plaintiff is informed and believes and thereon

19 alleges that defendants through false statements and material omissions in their reports,

20 prevented prosecutors from exercising independent judgement in determining whether to

21 prosecute Mr. POLK. Criminal charges against Mr. POLK were dismissed at the conclusion of

22 a preliminary hearing at which the court determined that the prosecutor lacked sufficient cause

23 to bind Mr. POLK over to Los Angeles Superior Court.

24

43. In addition to the damages listed below, plaintiff has incurred legal fees and

25 expenses as a result of Mr. POLK's criminal prosecution.

26

44. On April 15, 1990, Easter Sunday, to intimidate, harass and oppress LLOYD

21 POLK, defendants MICHAEL REYNOLDS, JACK TARASKJK (#244912), and GREG

THURMAN arrested and imprisoned Mr. POLK on a spurious charge of attempted murder and

20

From: Kevin S. R»«d To: Robart Moo»«y

Dale: 1W95 Tim*: 12:43:37

Paga 28 of 52

assault on a police officer and kepi him incarcerated for approximately 72 hours, all without

a warrant, lawful process or probable cause. At the end of 72 hours, defendants released Mr.

3 POLK without filing any charges.

4

45. On or about April 22, 1990, to intimidate, harass and oppress Mr. POLK,

defendants JASON MANN (#196175), EDWARD M. NORDSKOG (#241276), and DOES 26

6 through 30, and each of them, arrested and imprisoned him for in excess of 12 hours upon a

7 charge of drinking an alcoholic beverage in public, all without a warrant, lawful process or

8 probable cause.

9

10

Seventh Cause of Action

11 (42 U.S.C. § 1983, by plaintiff FERNANDO MARTINEZ against defendants COUNTY OF

12 LOS ANGELES, LASD, HARRIS, DELGADILLO, SGT. DEVINE and DOES 31 through 42)

13

46. On or about February 11, 1990, at or near the 5100 block of Beechwood in

14 Lynwood, California, defendants DOES 31 through 37, and each of them, stopped, detained and

15 arrested Mr. MARTINEZ without a warrant or lawful process. These defendants shoved Mr.

16 MARTINEZ'S head inlo the side window of the deputies' police unil, cracking the window and

17 thereby injuring Mr. Martinez. The defendant deputies with deliberate indifference, gross

18 negligence or reckless disregard of the need for medical attention, failed and refused thereafter

19 to take Mr. MARTTNF.Z to a doctor and to provide or arrange for medical care or treatment,

20 notwithstanding plaintiffs obvious and immediate need therefor.

21

47. On April 15, 1990, Easter Sunday, in 11am Park, in Lynwood, California, defendant

22 SGT. DEVINE, ALLEN HARRIS, ROBERT DELGADILLO and DOES 38 through 42, and

23 each of them, arrested and imprisoned Mr. MARTINEZ, without a warrant or lawful process,

24 and in the course thereof, this plaintiff was struck in the jaw by one of defendants DOES 38

25 through 42 without necessity or lawful justification.

26

Thereafter, while plaintiff was seated in the back seat of the patrol car with his wrists

27 handcuffed behind his back, one of these defendants drove the patrol car in a reckless and

28 dangerous manner, braking and accelerating suddenly, so as to cause Mr. MARTINEZ' face and

21

From: Kavin S. Raad To: Robart Moo»«y

Data: 1W95 Tima: 12:44:46

P»g» 29 of 52

head lo smash inlo the metal partition separating the front and back seats of the vehicle. 48. At the Lynwood Station, defendants DOES 38 through 42, without necessity or
lawful justification, wilfully beat, choked and kicked Mr. MARTINEZ.

5

Eighth Cause of Action

6 (42 U.S.C. § 1983, by plaintiff JOSE ORTEGA against defendants

7 COUNTY OF LOS ANGELES, LASD, MANN, NORDSKOG, CHAPMAN, BLACKWELL,

8 WILBUR, 1'RALICK, ALVARADO, and DOES 43 through 47)

9

49. On or about February 11, 1990, defendants JASON MANN (#196175), EDWARD

10 M. NORDSKOG (#241276), JOHN CHAPMAN (#220837), GARY BLACKWELL, MICHAEL

11 WILBER, LANCE FRALICK, JUAN ALVARADO, and DOES 43 through 47 seized Mr.

12 ORTEGA without a warrant, dragged him off the front porch of a friend's home at 11144

13 Virginia Avenue in the City of Lynwood, and then wilfully and knowingly struck him in the

14 back with a metal flashlight, all without necessity or lawful justification. Mr. ORTEGA was

15 thereafter released at the scene without any charges being filed, and the deputy sheriffs left the

16 scene.

17

50. After a witness to the beating telephoned a complaint about the beating to the

18 Lynwood Station, deputy sheriffs DOES 43 through 47 returned to the scene and, at the

19 direction of their sergeant (Sgt. Yarborough), transported Mr. ORTEGA to St. Francis Hospital

20 for x-rays and treatment for his injury. At the hospital Mr. ORTEGA was met by defendants

21 MANN and NORDSKOG, who thereupon arrested him, without probable cause, for interfering

22 with a police investigation in violation of Cal. Penal Code § 148 and thereupon took him into

23 custody and denied Mr. ORTEGA medical treatment.

24

51. Defendants then filed false and misleading police reports which resulted in

25 plaintiffs unwarranted criminal prosecution. Plaintiff is informed and believes and thereon

26 alleges that defendants, through false statements and material omissions in their reports,

?J prevented prosecutors from exercising independent judgement in determining whether to

28 prosecute plaintiff.

22

From: Kavin S. R»»d To: Robert Moosty

Data: 1/8/95 Tim.: 12:45:54

Pag* 30 of 52

1

52. In addition to the damages listed below, plaintiff has incurred legal fees and

2 expenses as a result ofhis criminal prosecution.

3

4

Ninth C'«ii»e off Action

(42 U.S.C. § 1983, byplaintiff AARON BREITIGAM against defendants COUNTY OF LOS

6 ANGELES, LASD, MANN, NORDSKOG, CHAPMAN, BLACKWELL, WILDER, l'RALlCK,

7 ALVARADO, and DOES 43THROUGH47)

8

53. On orabout February 11, 1990, at 11144 Virginia Avenue in the City of Lynwood,

9 defendants JASON MANN (#196175), EDWARD M. NORDSKOG (ft 241276), JOHN

10 CHAPMAN (#220837), GARY BLACKWELL, MICHAEL WILBER, LANCE FRALICK,

11 JUAN ALVARADO andDOES 43 through 47 seized Mr. BREITIGAM without a warrant, 12 lawful process or reasonable cause and dragged himoff the porch and down the diiveway 13 (along with plaintiff JOSE ORTEGA), thereby injuring his back, all without necessity or lawful 14 justification, after which plaintiff was released without charges.

15

16

Tenth Cause ol Action

17 (42 U.S.C. § 1983, byplaintiffs ALVIN WASHINGTON, JEFFERY HOLLIMAN, DANNY

18 WILLIAMS and CHARLES SCOTT against defendants COUNTY OF LOS ANGELES, LASD,

19 RATMO, BENSON, GORAN, STETNWAND, CORINA, WAT.I., NELSON, HOI MRS,and

20 DOES 48through 50)

21

54. On orabout February 15, 1990, while plaintiffs WASHINGTON, HOLLIMAN and

22 SCOTT were at plaintiff WASHINGTON'S auto repair shop (here and after "shop") inthe City

23 of Lynwood, defendants DAN RA1MO (#207220) TIMOTHY E.BENSON (#246380), KEVIN

24 GORAN (#222021), BRIAN STEINWAND (#218524), JOHN CORINA (#213435), JOSEPH

25 HOLMES (#041885), K.WALL (#238868), and NELSON (#220245) and DOES 48 through

26 50 entered into and upon theshop and adjoining property which was then leased or occupied

by plaintiff WASHINGTON. Defendants thereafter proceeded to destroy and ransack the shop

and plaintiffs' personal property and effects then inside the dwelling, including but not limited

23

From: Kevin S. Raad To: Robart Moossy

Data: 1/W95 Tim*: 12:47:02

Paga 31 ol 52

1 lo, the destruction of plaintiff WASHINGTON'S safe and auto diagnostic computer, the

2 overturning and ransacking of tools, equipment and files, all of which aforcdcscribcd acts were

3 wanton, malicious and exceeded the scope of the search warrant under which these defendant
4 deputies were presumably operating.

55. During the raid, defendants, and each of them, and DOES 48 through 50, placed

6 the muzzles of their guns to the heads of Mr. 11OLL1MAN and Mr. WILLIAMS, kicked Mr.

7 WILLIAMS in the stomach and ribs, ground Mr. HOLLIMAN's face into the ground and

8 stomped on his hand causing the dislocation of his thumb.

9

Eleventh Cause of Action

10

(Intentionally Omitted)

11

Twelfth Cause of Action

12 (42U.S.C. § 1983, by plaintiffs MARGUERITA MAYA, GILBERT MAYA, CARLOS MAYA,

13 LUPE MAYA, RAUL MAYA, RAUL MAYA, JR., RUBEN MAYA, ALFREDO MAYA, and

14 IRENE MAYA against defendants COUNTY OF LOS ANGELES, LASD, WHITTEN,

15 CALZADA, COOPER, WINDRIM, PACINA, CORRIGAN, GLOVER, LT. HERRERA,

16 DELVALLE, CHAPMAN, C. BRANTLEY, SPARKS, GOTT, HOLMES, and DOES 51

17 through 66)

18

56. On or about March 1, 1990, defendants JAMES WHITTEN, RICHARD

19 CALZADA, DANTFJ. COOPER, ROBERT WTNDRIM, JAMES PACINA, JAMES CORRIGAN

20 (#213671), TIMOTHY GLOVER, FRUSTINO DELVALLE, JOHN CHAPMAN (#220837), LT.

21 A. HERRERA and DOES 51 through 66 served a search warrant on the residence of these

22 plaintiffs, located at 5160 Cortland Street, in Lynwood, California. The deputies who entered

23 the plaintiffs' home acted under color of a search warrant obtained by defendant JOHN

24 CHAPMAN (#220937) in violation of the Fourth Amendment; and the execution of the warrant

25 was overseen by CAPTAIN RAYMOND GOTT, LT. A. HERRERA, LT. C. BRANTLEY, LT. 26 M. SPARKS, and SGT. JOE HOLMES. The search warrant purporting to authorize the search

?j was facially overbroad in violation of the Fourth Amendment and based upon an affidavit

28 containing known misstatements of material fact. Such warrant was based on underlying facts

24

From: Kavin S.Rs«d To: Robarl Moony

D»t.: 1/6795 Tim.: 12:48:12

Page 32 ol 52

so lacking in probable cause thai any reasonable officer should have known lhal the warrant

was deficient and didnotprovide sufficient authority to carry out the search. Notwithstanding,

the defendants entered the plaintiffs' home, terrorized and humiliated them at gunpoint,

ransacked their home and seized items without lawful justification. Defendants detained and

5 questioned plaintiffs without a warrant, lawful process or probable cause.

6

57. Plaintiff CARLOS MAYA was taken into custody during the search of plaintiffs'

7 residence. Upon hisrelease from custody and while he was still at the station deputy defendant

8 DOES 61 through 66 beat plaintiff CARLOS MAYA.

9

10

Thirteenth Came of Action

11 (42 U.S.C. § 1983, by plaintiffs DELIA OSITA, TERESA RODRIGUEZ, ALICE OREJEL,

12 MARIA OREJEL, GREGORIA MENDIBLES, ADOLPHO ALEJADE, BRIAN ALEJADE and

13 ANTONIO CABALLERO against defendants COUNTY OF LOS ANGELES, LASD, DITSCH,

14 GONZALES, GORAN, GUZMAN, O'DELL, RAIMO, RODRIGUEZ, CHAPMAN, HOLMES,

15 HERRERA, BRANTLEY, SPARKS, GOTT andDOES 51 through 66)

16

58. On or about March 1, 1990, defendants CRAIG DITSCH, FRANK GONZALES,

17 KEVIN GORAN (#222021), JOSEPH GUZMAN, RODOLFO O'DELL, DANIEL RAIMO

18 (#207220), MARTIN RODRIGUEZ, andDOES 51 through 66 forcibly entered the residence

19 of these plaintiffs, located at 5174 Sanborn Street, in T.ynwood, California, in order to conduct

20 a search pursuant to a search warrant. The deputies whoentered the plaintiffs' home acted

21 under color of a search warrant obtained by defendant JOHN CHAPMAN (#220937) in

22 violation ofthe Fourth Amendment; andtheexecution of the warrant was overseen by LT. A.

23 HERRERA, LT. C.13RANTLEY, LT. M. SPARKS, CAPT. RAYMOND GOTT and SGT. JOE

24 HOLMES. The search warrant purporting to authorize the search was facially overbroad in

25 violation of the Fourth Amendment and based upon an affidavit containing known

26 misstatements of material fact. Such warrant was based on underlying facts so lacking in

27 probable cause that anyreasonable officer should have known that the wanant was deficient

28 and did not provide sufficient authority to carry out the search. Notwithstanding, the

25

From: Kevin S. R»»d To: Robart Moossy

Data: 1W95 Tim*: 12:49:24

Pag* 33 ol 52

defendants entered Ihe plaintiffs' home, terrorized and humiliated them at gunpoint, ransacked

the residence, and removed money and other items which were not the subject of the search.

3 Furthermore, defendants detained and questioned plaintiffs without a warrant, lawful process

4 or probable cause. During the search Plaintiff GREGORIA MENDTRT.ES was bedridden

following recent surgery, and, in spite of protests, she was lifted up by the Defendants and

6 forcibly moved within the home against her will.

7

8

Fourteenth Cause oi Action

9 (42 U.S.C. § 1983, by plaintiffs ERNESTO AVILA, JESUS AVILA, ESTELLA MONTOYA,

10 REBECCA MONTOYA, MONIQUE TREVINO and CRYSTAL TREVINO against defendants

11 COUNTY OF LOS ANGELES, LASD, CITY OF LYNWOOD, THOMPSON, STEINWAND,

12 NEIHOUSE, LUNA, HARRIS, CLIFT, CORINA, CHAPMAN, HOLMES, HERRERA,

13 BRANTLEY, SPARKS, GOTT and DOES 51 through 66)

14

59. On or about March 1, 1990, defendants GREGORY THOMPSON (#196144);

15 BRIAN STEINWAND (#218524); JACK NEIHOUSE; SGT. TOMMY HARRIS; JAVIER

16 CLIFT; JOHN CORINA (#213435); and DOES 51 through 66 forcibly entered the residence

17 of these plaintiffs, located at 11121 Pope Street, in Lynwood, California, in order to conduct

18 a search pursuant to a search warrant. The deputies who entered the plaintiffs' home acted

19 under color of a search warrant obtained by defendant JOHN CHAPMAN (#220937) in

20 violation of the Fourth Amendment; and the execution of the warrant was overseen by SGT.

21 JOE HOLMES, LT. A. HERRERA, LT. C. BRANTLEY, LT. M. SPARKS and CAPT.

22 RAYMOND GOTT. The search warrant purporting to authorize the search was facially

23 overbroad in violation of the Fourth Amendment and based upon an affidavit containing known

24 misstatements of material fact. Such warrant was based on underlying facts so lacking in

25 probable cause that any reasonable officer should have known that the warrant was deficient

26 and did not provide sufficient authority to carry out the search. Notwithstanding, the

27 defendants entered the plaintiffs' home, terrorized and humiliated them at gunpoint, and

28 ransacked their home. Defendants detained and questioned plaintiffs without a warrant, lawful

26

From: Kevin S. R o d To: Robert Moossy

Data: 1/W95 Tim*: 12:50:35

Pag* 34 of 52

process, probable cause, or any lawful basis. Defendants' entry into the premises was unreasonable under the Fourth Amendment and did not comply with the requirements of Penal Code Section 1531.

5

Fifteenth Cause of Action

6 (42 U.S.C. § 1983, by plaintiffs JORGE CALDERON, CAROLINA CALDERON, LINDA

7 CALDERON, RUBEN CALDERON, DAVID CALDERON, and CHRISTIANA CALDERON

8 against defendants COUNTY OF LOS ANGELES, LASD, GROTEFEND, CARTER,

9 ESQUERRA, ROMAN, OROSCO, RAMIREZ, SALVATORE, GRACIA, GOLDEN,

10 CORMIER, RIPLEY, (GILL) McMICHAEL, GILLIES, WAINIE, RADELEFF, CASTRO,

11 CHAPMAN, HOLMES, HERRERA, BRANTLEY, SPARKS, GOTT and DOES 51 through 76)

\2

60. On or about March 1, 1990, defendants ALBERT GROTEFEND (#034657),

13 SCOTT CARTER (#150582), ESQUERRA (#137451), WILLIAM ROMAN (#077668),

14 RICHARD OROSCO (#068734), JACK RAMIREZ (#211246), MICHAEL SALVATORE

15 (#044852), RUBEN GRACIA (#213459), and DOES 51 through 66 entered the residence of

16 these plaintiffs, located at 11125 Pope Street, in Lynwood, California, in order to conduct a

17 search. The deputies who entered the plaintiffs' home acted under color of a search warrant

18 obtained by defendant JOHN CHAPMAN (#220937) in violation of the Fourth Amendment;

19 and the execution of the warrant was overseen by SGT. JOF. HOLMES, LT. A. HERRERA,

20 LT. C. BRANTLEY, LT. M. SPARKS and CAPT. RAYMOND GOTT. The search warrant

21 purporting to authorize the search was facially overbroad in violation of the Fourth Amendment

22 and based upon an affidavit containing known misstatements of material fact. Such warrant

23 was based on underlying facts so lacking in probable cause that any reasonable officer should

24 have known that the warrant was deficient and did not provide sufficient authority to carry out

25 the search. Notwithstanding, the defendants entered the plaintiffs' home, terrorized and

26 humiliated them at gunpoint, and ransacked their home. Defendants detained and questioned

^7 plaintiffs without a warrant, lawful process, probable cause, or any lawful basis. Defendants'

28 entry into the premises was unreasonable under the Fourth Amendment and did not comply

27

From: Kavin S. R»«d To: Robart Moossy

Data: 1/W95 Tim.: 12:51:47

Pag* 35 of 52

with ihe requirements of Penal Code Section 1531. Defendants unlawfully and unreasonably

seized plaintiff JORGE CALDERON'S .22 caliber rifle, which rifle they later returned in a

damaged and inoperable condition.

61. On or about April 6, 1990, in the City of I.ynwood, defendants CURTTS GOT-DEN,

5 DANIELLE CORMIER, ALLEN RIPLEY, (KELLY GILL) McMICHAEL (#260309),
6 DOUGLAS GILLIES (#244674), BYRON G. WA1N1E (#222015), LT. RADELEFF, LT.

7 RICHARD L. CASTRO, and DOES 67 through 76 stopped, detained, arrested or questioned

8 Mr. RUBEN CALDERON without a warrant, lawful process or probable cause. Furthermore,

9 these defendants choked RUBEN CALDERON with a flashlight, slammed a car door onJiis

10 legs and,jvhile_hg was jailed at the Lynwood Station, beat him wilfully and without necessity

11 or lawful justification. After RUBEN CALDERON's mother called to complain about this ill

12 treatment, defendants responded by threatening and physically mistreating him causing further

13 injury, pain, suffering, humiliation, and fear.

14

15

Sixteenth Cause of Action

16 (42 U.S.C. § 1983, by plaintiffs ELSA TOVAR, FRANCISCO TOVAR, FRANCISCO TOVAR

17 JR., YESENIA TOVAR, MARCELA TOVAR, JAIME TOVAR, JESUS TOVAR and

18 HERMAN TOVAR against defendants COUNTY OF LOS ANGELES, LASD, GROTEFEND,

19 ESQUERRA, SAT.VATORE, RAMTREZ, GRACIA, ROMAN, CARTER, OROSCO,

20 CHAPMAN, HOLMES, HERRERA, BRANTLEY, SPARKS, GOTT and DOES 51 through 66)

21

62. On or about March 1, 1990, defendants GROTEFEND, ESQUERRA,

22 SALVATORE, RAMIREZ, GRACIA, ROMAN, CARTER, OROSCO and DOES 51 through

23 66 entered the residence of these plaintiffs, located at 1112514 Pope Street, in Lynwood,

24 California, to conduct a search of the home. However, defendants did not have a search warrant

25 authorizing them to search this location, nor did they have any other lawful justification for the

26 search without a warrant. The search warrant the defendants possessed that morning did not

Zl authorize entry into the home in which the TOVARS resided. The deputies who entered the

28 plaintiffs' home purported to act under color of a search warrant obtained by defendant JOHN

28

From: K*vin S. R**d To: Robert Moossy

Dal*: 1/6/95 Tim*: 12:58:24

I

_.

Pag* 36 of 52

CHAPMAN (#220937) in violation of the Fourth Amendment; and the execution of the warrant

was overseen by SGT. JOE HOLMES, LT. A. HERRERA, LT. C. BRANTLEY, LT. M.

SPARKS and CAPT. RAYMOND GOTT. The search warrant relied upon by Ihe defendanls

was facially overbroad in violation of the Fourth Amendment and based upon an affidavit

containing known misslalemenls of material fact. Such warrant was based on underlying facts

6 so lacking in probable cause that any reasonable officer should have known that the warrant

7 was deficient and did not provide sufficient authority to carry out the search. Notwithstanding,

8 the defendants forcibly entered the plaintiffs' home and terrorized and humiliated them at

9 gunpoint, and ransacked their home. Defendants detained and questioned plaintiffs without a

10 warrant, lawful process or probable cause.

11

12

Seventeenth Caime of Action

13 (42 U.S.C. § 1983, by plaintiff SERGIO GALINDO against defendants COUNTY OF LOS

14 ANGELES, LASD, SGT. ANDERSON, GIRON, RIFKIN, HOLBROOK, NUNEZ,

15 BRANDENBURG, COSTLEIGH, O'HARA, CHAPMAN, HERRERA, HOLMES, BRANTLEY,

16 SPARKS and GOTT and DOES 51 through 66)

17

63. On or about March 1, 1990, defendants SGT. ANDERSON (#160080), GIRON

18 (#033144), RIFKIN (#207195), HOLBROOK (#209619), NUNEZ (#067434),

19 BRANDENBURG (#209523), COSTLEIGH (#173151), O'HARA (#183119), and DOES 51

20 through 66 entered the residence of this plaintiff, located at 11209 Duncan Avenue, in

21 Lynwood, California, in order to conduct a search pursuant to a search warrant. The deputies

22 who entered the plaintiffs' home acted under color of a search warrant obtained by defendant

23 JOHN CHAPMAN (#220937) in violation of the Fourth Amendment; and the execution of the

24 warrant was overseen by Lt. A. HERRERA and SGT. JOE HOLMES. The search warrant

25 purporting to authorize the search was facially overbroad in violation of the Fourth Amendment

26 and based upon an affidavit containing known misstatements of material fact. Such warrant

27 was based on underlying facts so lacking in probable cause that any reasonable officer should

28 have known that the warrant was deficient and did not provide sufficient authority to carry out

29

From: Kevin S. Reed To: Robert Moossy

Data: 1/6/95 Time: 12:59:34

Page 37 of 52

the search. Notwithstanding, the defendants entered the plaintiffs home, terrorized and humiliated him at gunpoint, and ransacked his home. Defendants detained and questioned plaintiff without a warrant, lawful process or probable cause.

Eighteenth Cause of Action

6 (42 U.S.C. § 1983, by plaintiffs SERGIO SANCHEZ, ALFREDO SANCHEZ, ALFONSO

7 SANCHEZ, JOSE SANCHEZ, MARTA VELEZ, ESTELA SANCHEZ and YLDEFONZA

8 LORENZANA against defendants COUNTY OF LOS ANGELES, LASD, GILLTES, KTFF,

9 (GILL) McMICHAEL, BROWN-VOYER, VOGE, MOSSOTTI, TARASIUK, LUNA,

10 HARVEY, REED, and DOES 77 through 92)

11

64. On or about March 24, 1990, in the City of Lynwood, defendants DOUGLAS

12 GILLIES (#244674), KEVIN J. KIFF (#235151), KELLY (GILL) McMICHAEL (#260309),

13 KATHERINE BROWN-VOYER (#258489), MICHAEL VOGE (# 186761), JOHN MOSSOTTI

14 (#232692), JACK TARASIUK (#244912), LOY LUNA (#201663), T.J. HARVEY (#038535),

15 R.A. REED (#236792), and DOES 77 through 92 stopped, detained, arrested and questioned

16 these plaintiffs without a warrant, lawful process or probable cause. Furthermore, these

17 defendants^struck and beat plaintiffs SERGIO SANCHEZ, ALFREDO SANCHEZ, ALFONSO

18 SANCHEZ, and JOSE SANCHEZ, with batons and flashlights willfully and without necessity

19 or lawful justification, thereby causing serious injury to each of them.

20

65. Furthermore, these defendants physically assaulted plaintiffs MARTA VELEZ and

21 ESTELA SANCHEZ wilfully and without necessity or lawful justification. MARTA VELEZ,

22 who was eight months pregnant at the time of the assault, was pushed in the breasts by one of

23 these defendants.

24

66. Plaintiff YLDEFONZA LORENZANA, an 82 year-old great-grandmother, was held

25 for the duration of the illegal detention at the point of a shotgun while she layj.n her bed.

26

27

Nineteenth Cause of Action

28 (42 U.S.C. § 1983, by plaintiff RICHARD HERNANDEZ against defendants COUNTY OF

30

From: Ksvirt S. Reed To: Robert Moossy

Data: 1/6/35 Tim*: 13:00:42

Page 38 ol 52

LOS ANGELES, LASD, RUNNING, BROWNELL, BENSON, KIFF, and DOES 93 through

98)

3

67. On or about March 24, 1990, in the City of Lynwood, defendants T. RUNNING

4 (#223235), T. BROWNELL (#223432), TIMOTHY E. BENSON (#246380), KEVIN J. KIFF

5 (#235151), and DOES 93 through 98 slopped, detained, arrested and questioned this plaintiff

6 without a warrant, lawful process or probable cause. Further, these defendants kicked and beat

7 Mr. Hernandez with their flashlights and fists, wilfully and without necessity or lawful

8 justification.

9

10

T w e n t i e t h Caiwe of Action

11 (42 U.S.C. § 1983, by plaintiff RAUL GONZALES against defendants WAINIE, PINESETT,

12 BLAIR, GRACIA, THOMPSON, PIPPIN, CORRIGAN, MORENO, DILLARD, BARTON,

13 RAIMO, COUNTY OF LOS ANGELES, and LASD, and DOES)

14

68. On or about April 13, 1990, in the City of Lynwood, BYRON G. WAINIE

15 (#222015), ANDRE PINESETT (#260171), STEVE BLAIR (#236778), RUBEN GRACIA

16 (#213459), GREGORY THOMPSON (#196144), MICHAEL PIPPIN (#116212), JAMES

17 CORRIGAN (#213671), ABEL A. MORENO (#195912), ROBERT DILLARD, CHARLES

18 BARTON, and DAN RAIMO (#207220) falsely and maliciously arrested Mr. GONZALES on

19 a charge of attempted robbery. After removing Mr. GONZALES from the sight and presence

20 of family members defendants beat plaintiff about the head and body, willfully and without

21 necessity or lawful justification, thereby causing serious injuries to his head and body. These

22 defendants thereafter caused Mr. GONZALES to be falsely imprisoned in the Los Angeles

23 County Jail for a period in excess of 10 days.

24

25

T w e n t y F i r m t Cause of Action

26 (42 U.S.C. § 1983, by plaintiff JESSE MELENDREZ against defendants COUNTY OF LOS

27 ANGELES, LASD, LUNA and DOES 99 through 107)

28

69. On or about April 14, 1990, at or near 11501 Duncan Avenue, Lynwood,

31

From: Kevin S. Reed To: Robert Moossy

Dale: 1/6/95 Time: 13:01:48

Page 33 of 52

1 defendants LOY LUNA (#210663) and DOES 99 through 107 stopped, detained, arrested and

2 questioned Mr. MELENDREZ without a warrant, lawful process or probable cause. These

3 defendants unlawfully and without probable cause detained and arrested Mr. MELENDREZ,

and, in the course of transporting Mr. MELENDREZ to the Lynwood Station, struck and beat

Mr. MELENDREZ while he was helplessly handcuffed in the rear seat of these deputies' patrol

6 car. These defendants thereafter handcuffed Mr. MET,ENDRF.Z to a swivel chair in the trailer

7 of the station and continued to slap, beat and strike saidjlaintiff, all without necessity or

8 justification.

9

10

Twenty-Second Caiwe of Action

11 (42 U.S.C. § 1983, by plaintiffs SALVADOR PRECIADO and RAPHAEL OCHOA against

12 defendants COUNTY OF LOS ANGELES, LASD, CITY OF LYNWOOD, HUBNER,

13 REEVES, HUFFMAN, CORINA, HOLMES, and DOES 108 through 122)

14

70. On or about April 17, 1990, in the City of Lynwood, defendants ERIC HUBNER

15 (#37190), JEROLD REEVES (#208423), DALE HUFFMAN (#265013), JOHN CORINA

16 (#213435), and JOSEPH HOLMES (#041885), and DOES 108 through 112 stopped, detained,

17 arrested and questioned plaintiffs without a warrant, lawful process or probable cause. These

18 defendants struck these plaintiffs in the face wilfully and without necessity or lawful

19 justification. Further, one of these defendants shoved a loaded revolver into plaintiff

20 RAPHAEL OCHOA'S mouth for approximately thirty seconds and told him, "Every lime you

21 see us we are going to fuck with you."

22

71. On or about April 20, 1990, at or near 11345 Wright Road, Lynwood, defendants

23 DOES 113 through 122 stopped, detained, arrested and questioned these plaintiffs without a

24 warrant, lawful process or probable cause. These defendants beat plaintiff SALVADOR

25 PRECIADO while he_was kept in ajjarkened cell and slammed him into metal lockers wilfiilly

26 and without necessity or lawful justification.

27

72. On or about April 20, 1990, defendants DOES 113 though 122 entered and

28 searched plaintiff RAPHAEL OCHOA'S residence at 11345 Wright Road, without a warrant

32

From: Kevin S. Read To: Robert Moossy

Data: 1/6/95 Time: 13:02:57

Page 40 ol 52

or probable cause.

2

3

Twenty-Third Cause ol Action

4 (42 U.S.C. § 1983, by plaintiff MARIAN ENGLISH against defendants COUNTY OF LOS

5 ANGELES, LASD, NORDSKOG, KIFF and DOES 123 through 140)

6

73. On or about May 5, 1990, in the City of I.ynwood, defendants EDWARD M.

7 NORDSKOG (#241276), KEVIN J. KIFF (#235151), and DOES 123 through 140 without legal

8 cause or justification, and with an intent to kill, shot and killed LAWRENCE JOHNSON, a 15

9 year old youth, the son of plaintiff MARIAN ENGLISH.

10

11

Twenty-Fourth Cause of Action

12 (42 U.S.C. § 1983, by plaintiffs RON DALTON, ERIC JONES and MARCELO GONZALEZ 13 against defendants COUNTY OF LOS ANGELES, LASD, NORDSKOG, KIFF, MOSSOTTI, 14 REEVES, VALDEZ, CORMIER, MANN, SCHNEIDER and DOES 141 through 142)

15

74. On or about May 20, 1990 in the City of Lynwood, defendants EDWARD M.

16 NORDSKOG (#241276), KEVIN J. KIFF (#235151), JOHN MOSSOTTI (#232692), JEROLD

17 REEVES(#208423), PATRICK VALDEZ, DANIELLE CORMIER, JASON MANN(#196175),

18 MICHAEL SCHNEIDER (#244092), and DOES 141 through 142 stopped, detained, arrested

19 and questioned plaintiffs, without a warrant, lawful process or probable cause. Further, these

20 defendants beat and struck Mr. DALTON with blunt objects, and kicked him, all done wilfully

21 and without necessity or lawful justification. Furthermore, one of these defendants shoved a

22 loaded revolver into Mr. DALTON's mouth threatening to blow his head off. During this

23 incident, plaintiffs Mr. JONES and Mr. GONZALEZ were also beaten by these defendants

24 without necessity or lawful justification. One of these defendants put a gun to the head of Mr. 25 GONZALEZ and pulled the triggei%but the gun did not fire.

26

75. Defendants then filed false and misleading police reports which they knew would

27 result in the unwarranted criminal prosecution of plaintiffs DALTON and JONES. Plaintiffs

28 are informed and believe and thereon allege that defendants through false statements and

33

From: Kevin S. Read To: Robert Moojsy

Date: 1/6/95 Time: 13:04:06

Page 41 ol 52

1 material omission in their report, prevented prosecutors from exercising independent judgement

2 in determining whether to prosecute plaintiff. All criminal charges against Mr. DALTON were

3 dismissed by the courl on November 21, 1991, and against Mr. JONES on January 15, 1992.

4 Mr. GONZALEZ pleaded no contest to a criminal charge on January 15, 1992. In addition to

5 the damages listed below, plaintiffs incurred legal fees and expenses as a result of their criminal

6 prosecution.

7

8

Twenty-Fifth Cause of Action

9 (42 U.S.C. § 1983, by plaintiff DEMETRIO CARRILLO against defendants COUNTY OF LOS

10 ANGELES, LASU, SMITH, and CAMPBELL)

11

76. On or about October 16, 1989, Mr. CARRILLO, after speaking briefly to a woman

12 receiving a citation from a deputy sheriff, was accosted and verbally and physically abused by

13 defendants ELIZABETH SMITH (#222075) and ANTHONY CAMPBELL (#013405).

14 Defendants used vulgar language and ethnic slurs. Mr. CARRILLO was beaten about the body

15 by defendants without necessity or lawful justification, resulting in injuries. Plaintiff was

16 wrongfully arrested by defendants SMITH and CAMPBELL without a warrant, probable cause

17 or other lawful justification. Defendants maliciously prepared and submitted false reports about

18 Mr. CARRILLO, which the District Attorney relied upon in filing a charge against Mr.

19 CARRILLO of violating Cal. Penal Code § 148, thereby requiring Mr. CARRILLO to go to

20 trial where he was subsequently acquitted.

21

22

Twenty-Sixth Cause of Action

23 (42 U.S.C. § 1983, by plaintiff TRACY BATTS against defendants COUNTY OF LOS

24 ANGELES, LASD, STEINWAND, RAIMO, THOMPSON, PIPPIN, LESLIE, SHEEHY,

25 ZAMP1ELLO and DOES 143 through 151)

26

77. On or about May 17, 1990, on or near Atlantic Drive in the unincorporated area

27 blown as East Compton, defendants BRIAN STEINWAND, DAN RAIMO (#207220), opened

28 fire with a handgun and a shotgun and attempted to kill unarmed Mr. TRACY BATTS without

31

From: Kevin S. Reed To: Robert Moossy

Dale: 1/6/95 Time: 13:05:12

Pag* 42 ol 52

necessity or lawful justification. Defendants STEINWAND and RAIMO then created mortal

danger for Mr. BATTS by saying verb_aljy_and_in_ttieir written report that Mr. BATTS had been

armed wilh a handgun, which was not true.

78. On or about May 25, 1990, at and near Washington Street and Grccnlcaf Avenue

in the unincorporated area known as East Complon, defendants DAN RAIMO, GREGORY

6 THOMPSON (#196144), M. PTPPTN (#116212), and DOES 143 through 151 (deputies assigned 7 to the Lynwood Substation), and J. LESLIE (#223389) and J. SHEEHY (#207157), (deputies

8 9

7 assigned to the Firestone Station) opened fire on and attempted to kill Mr. BATTS without-
necessity or lawful justification. Again, defendants RAIMO and THOMPSON created mortal

10 danger for Mr. BAITS by telling other deputies that Mr. BAITS was armed with a hand gun,

11 which was not true. After an hour or two of searching by deputies. Defendant MICHAEL

12 PIPPIN found Mr. BATTS and shot him in the right leg, without necessity or lawtiil 13 justification. Furthermore, after Mr. BATTS was shot and as he lay helpless on the ground, at 14 the direction and request of defendant LESLIE, defendant Compton Police Officer 15 ZAMPIELLO unleashed his attack canine and sicced it on Mr. BATTS, whose leg was then

16 mauled by the dog. 17

18

Twenty-Seventh Cause of Action

19 (42 U.S.C. § 1983, by plaintiff ELZIE COLEMAN against defendants COUNTY OF LOS

20 ANGELES, LASD, ARCHAMBAULT, BLOCK and defendants DOES 152 through 181)

21

79. On or about May 26, 1990 at or about 11:15 p.m., at or near 11844 South Antwerp

22 Street, Lynwood, defendant PAUL ARCHAMBAULT (#213669), without necessity or lawful

23 justification, and with an intent to kill him, shot at and hit plaintiff F,T,7,IF, COI.F.MAN

24 numerous times, seripuslywounding him, including while he lay face down bleeding helplessly.

25

80. Defendant ARCHAMBAULT falsely arrested the unarmed, seriously injured MR.

26 COLEMAN, falsely claiming that MR. COLEMAN feloniously possessed and brandished a

27 handgun.

28

81. In furtherance of the aforementioned conspiracy and with the assistance and

35

From: Kevin S. Raad To: Robart Moossy

Date: 1/6/95 Tim*: 13:06:21

Page 43 ol 52

connivance of Sheriff SHERMAN BLOCK, the COUNTY OF LOS ANGELES and the LASD,

defendant ARCHAMBAULT fabricated evidencet and a false police report to justify the

unlawful and excessive use of deadly force upon plaintiff COLEMAN and lo promote their

effort to prosecute him upon fabricated evidence.

82. Defendants COUNTY OF LOS ANGELES and LASD recklessly or intentionally

6 conducted its investigation of the incident so as to permit and facilitate the fabrications of

7 defendant ARCHAMBAULT to be furthered with the result that the unjustified use of excessive

8 and deadly force by defendant ARCHAMBAULT was tolerated and approved.

9

83. During the course of the purported investigation, defendants COUNTY OF LOS

10 ANGliLliS and LASD, by and through their deputy sheriffs, falsely arrested eyewitness to the

11 illegal and improper shooting by defendant ARCHAMBAULT, removing them from the jscene

12 of the shooting in an effort to cover up the true facts of the shooting.

13

84. Plaintiff COLEMAN was prosecuted based upon the knowing fabrications of

14 defendant ARCHAMBAULT.

15

85. Defendants ARCHAMBAULT, COUNTY OF LOS ANGELES, AND LASD

16 attempted to and did present materially false testimony at the felony preliminary hearing and

17 criminal trial of plaintiff COLEMAN in Compton Superior Court Case Number TA 69002. The

18 defendants knew or in the exercise of reasonable care should have known that the information

19 and testimony they presented during the preliminary hearing and criminal trial was false,

20 distorted, contrived, and inaccurate.

21

86. Plaintiff COLEMAN was fully acquitted on October 23, 1991 of all criminal

22 charges following an extended trial.

23

87. Plaintiff COT,F.MAN incurred the expense and obligation to pay attorney's fees

24 and costs in defense of the false criminal charges.

25

DAMAGES

26

88. By reason of the aforementioned acts of defendants, and each of them, plaintiffs

27 were injured in their health, strength and activity, sustained great mental pain, suffering and

28 shock to their nervous system, torment, anxiety, anguish, humiliation, and severe emotional

36

From: Kevin S. Reed To: Robert Moony

Dal*: 1/6/95 Time: 13:07:29

Page 44 ol 52

1 distress, all to their damage in an amount according to proof at trial.

2

89. As a proximate result of the foregoing wrongful acts of defendants, and each of

3 them, properly belonging lo plaintiffs was damaged and destroyed in an amount according lo

4 proof at trial.

90. By reason of the aforementioned acts of defendants and each of them, plaintiffs

6 were or will in the future be required to receive hospital, medical, doctor, nursing, dental and

7 psychological care and treatment, and by reason thereof, will incur expenses related thereto in

8 an amount according to proof at trial.

9

91. By reason of the aforementioned defendants and each of them, plaintiffs were

10 unable to work, and sustained and will in the future sustain a loss and impairment of earnings

11 in an amount according to proof at trial.

12

92. Defendants' acts were done and committed by each defendant knowingly,

13 deliberately and maliciously, with the intent to oppress, injure and harass plaintiffs, and with

14 reckless indifference to the civil rights, personal security and safety of these plaintiffs; and by

15 reason thereof, plaintiffs pray for punitive and exemplary damages from and against defendants

16 and each of them, in an amount according to proof at trial.

17

93. In addition, plaintiffs SANDRA LEONARD and CANDI LEONARD, as the

18 daughters and heirs of decedent WILLIAM LEONARD, have each suffered and will continue

19 to each suffer loss of his financial and moral support, love, comfort, companionship, affection, 20 society and solace, all lo these plaintiffs1 general damage in an amount according to proof at

21 trial.

22

94. By reason of the aforementioned acts of defendants, and each of them, plaintiffs

23 SANDRA LEONARD and CANDI LEONARD have each incurred funeral and burial expense

24 for the cortege, last rites, services and interment of their father's body, in an amount according

25 to proof at trial.

26

95. In addition, plaintiff MARIAN ENGLISH, as the parent and heir of decedent

27 LAWRENCE JOHNSON, has suffered and will continue to suffer loss of his financial and

28 moral support, love, comfort, companionship, affection, society and solace, all to her general

From: Kevin S. R**d To: Robert Moojsy

Data: 1/6/95 Tim*: 13:08:36

Pag* 45 ol 52

damage in an amount according to proof at trial. 96. By reason of the aforementioned acts of defendants, and each of them, plaintiff
MARIAN ENGLISH has incurred funeral and burial expense for ihe cortege, last rites, services and interment of her son's body, in an amount according to proof at trial.

6

IUJJITNCTIVB R r u r r

7

97. Plaintiffs are informed and believe and thereon allege that, unless enjoined,

8 defendants will continue to engage in the unlawful acts and in the policies and practices

9 described above, in violation of the legal and constitutional rights of the plaintiffs and the

10 members of the class. Plaintiffs and the members of the class face the real and immediate threat

11 of repeated and irreparable injury and continuing, present adverse effects as a result of the

12 unlawful misconduct, policies and practices of the defendants. Plaintiffs and the members of

13 the class have no adequate and complete remedy at law.

14

15

PBAYEB FOB BELIEF

16

WHEREFORE, plaintiffs seek judgment as follows:

17

1. Declaring, pursuant to 28 U.S.C. §§ 2201-2202 that the acts, policies, rules,

18 regulations, practices, customs, and usages that the defendants engaged in as set forth in

19 paragraphs 25-29 above violate the legal and constitutional rights of the plaintiffs and the

20 members of the class.

----

21

2. Permanently enjoining defendants and their agents, employees, and successors, and\

22 all persons in active concert or participation with defendants, from engaging in the unlawful

23 and unconstitutional acts, policies, rules, regulations, practices, customs, and usages set forth

24 in paragraph 25 above.

25

3. Placing the Lynwood Station under the direct supervision and control of a receiver

26 or special master to be appointed by the Court; directing the receiver or special master to

27 review all existing written and unwritten policies and procedures of defendants with respect to

28 the acts, policies, rules, regulations, practices, customs, and usages set forth in paragraph 25

38

From: Kavin S. R**d To: Robert Moossy

Dal*: 1/995 Tim.; 13:09:40

Pag* 46 of 52

above; directing the receiver or special master to modify, amend, or revoke, or to confirm and

enforce, existing policies and procedures and to establish such new or additional written

policies and procedures as may be necessary and proper; and directing the receiver or special

master to implement and enforce appropriate written policies and procedures with respect to the

following subjects, among others:

6

a. Ensuring compliance with constitutional standards governing the use

7

of firearms, the use of force the conduct of searches, and the use of deadly force.

8

b. Providing adequate training, certification, and periodic recertification

9

of all deputies in the lawful use of force, including firearms and other deadly

10

force.

11

c. Specifying departmentally approved weaponless control techniques,

12

and providing for adequate training, certification, and periodic recertification of

13

all deputies in the use of such techniques.

14

d. Ensuring that members of the public injured by deputies receive

15

prompt and appropriate medical care, and that their injuries are catalogued and

16

recorded in police reports and by photographs of all such injuries.

17

e. Requiring that all persons in custody be transported to a hospital for

18

examination and treatment by a medical doctor whenever:

19

(1) the person sustains a head injury, strikes his or her

20

head on a hard object, or sustains a blow to the head, regardless

21

of how minor any such injury may appear;

22

(2) the person is choked or is subjected to any control

23

hold involving the neck, regardless of whether or not the person

24

is rendered unconscious;

25

(3) the person has any injuries that appear to require

26

medical attention;

27

(4) the person requests medical treatment, regardless of

28

whether or not the person has any apparent injuries.

39

From: Kevin S. Read To: Robert Moossy

Dal.: 1/6/95 Tim*: 13:10:40

Page 47 of 52

f. Prohibiting the use of saps in any circumstances, and prohibiting the

2

use of head strikes and strikes to other vital areas of the body by batons or

3

flashlights, except in cases where there is legal justification for the use of deadly

4

force.

g. Prohibiting the improper use of police dogs to attack, bile, or maul

6

persons.

7

h. Requiring that searches be conducted in a manner which inflicts the

8

least amount of damage necessary in order to conduct an adequate search; that

9

deputies be required to photograph or videotape the premises before and after

10

each and every search; that deputies return to their original location and

11

condition all items displaced in any search; and that the Los Angeles County

12

Sheriff's Department pay for the repair or replacement of any property

13

unnecessarily damaged or destroyed in the course of any search.

14

i. Recording in writing each instance in which a deputy is involved in

15

the use of force in arresting a suspect or in detaining any person, regardless of

16

whether an arrest is made.

17

j . Requiring that any deputy who participates in or witnesses any

18

incident involving the use of force by a deputy or deputies shall prepare and

19

submit a departmental report containing detailed information regarding the

20

incident, including:

21

(1) A full description of the actions of the suspect or

22

member of the public which made the use of force necessary;

23

(2) A full description of the specific force used or

24

observed by the deputy;

25

(3) A fiill description of any injuries or complaints of

26

injuries sustained by the suspect or member of the public,

27

including photographs or videotapes of the suspect or member of

28

the public;

10

From: Kevin S. Read To: Robert Moossy

Date: 1/6/95 Time: 13:11:33

Page 48 ol 52

(4) A full description of any medical treatment received

by and any refusal of such treatment by the suspect or member

of the public.

k. Establishing a system that allows an immediate on-duty supervisor to

readily access a historical record of any deputy who has used force in a period

6

of at least the last 5 years, including the identity of the deputy(ies) involved in

7

the use of force, the file number(s) (URN) of the report(s) in which the use of

8

force is reported, and a description of the nature of the force used {e.g.,

9

"intentional head strike with baton"; "accidental head strike with flashlight");

10

requiring periodic review of such records for patterns of unjustified use of force

11

by deputies and institution of disciplinary proceedings where appropriate;

12

requiring review of such records whenever a supervisor prepares a departmental

13

performance evaluation of any deputy; and requiring that performance

14

evaluations include documentation of any patterns concerning the unjustified use

15

of force.

16

1. Providing that, in any situation in which deadly force has been used

17

by a deputy and death or serious injury has resulted, there shall be an

18

administrative review of the use of force to determine whether il was in

19

compliance with departmental policy and constitutional standards, and whether

20

departmental policy should be modified in view of the circumstances

21

surrounding the use of such force.

22

m. Requiring that, in departmental investigations of officer-involved

23

shootings, other use of deadly force by deputies, or complaints of deputy

2\

misconduct:

25

(1) all percipient witnesses (including deputies) be

26

segregated from each other as soon as practicable after the

27

incident;

28

(2) such witnesses not be permitted to discuss the

11

From: Kevin S. Read To: Robert Moossy

Dale: 1/6/95 Time: 13:12:39

Page 49 of 52

1

incident with any other witness until after all witnesses have been

2

interviewed by departmental investigators;

3

(3) such witnesses not be informed of the contents or

4

substance of the statements of other witnesses until after all

5

witnesses have been interviewed by departmental investigators;

6

and

(4) all witness interviews, including interviews of

involved deputies, be fully and completely tape-recorded.

n. Indexing by individual deputy and maintaining files of complaints by

10

members of the public, Cal. Govt, Code § 910 claims, and lawsuits concerning

11

deputy misconduct; adequately investigating such complaints, claims, and

12

lawsuits; and using such tiles to monitor the conduct of deputies.

13

o. Requiring psychological testing and counseling of deputies with a

14

record of using unreasonable or excessive force, making false arrests, filing false

15

charges, engaging in related acts of dishonesty, or engaging in racially

16

motivated misconduct.

17

p. Maintaining a promotional system which penalizes deputies for

18

instances of unjustified use of firearms or unjustified use of force, violence,

19

dishonesty, racial or ethnic bias, or other misconduct.

20

q. Requiring dismissal of deputies repeatedly involved in instances of

21

unjustified use of firearms or unjustified use of force, violence, dishonesty, racial

22

or ethnic bias, or other misconduct.

23

r. Requiring that, where an investigation discloses any improper use of

24

force by a deputy, particularly improper use offeree which causes serious bodily

25

injury as defined in Cal. Penal Code § 243, that matter should be referred to the

26

District Attorney's Office for consideration of filing a criminal complaint.

27

s. Requiring that, whenever any deputy has been judicially determined

28

to have engaged in a violation of constitutional or civil rights, whenever a

12

From: Kevin S. Reed To: Robert Moossy

Dale: 1/6/95 Time: 13:13:40

Page 50 ol 52

monetary settlement has been made or a judgment has been rendered based on

the use of excessive force by a deputy, or whenever any arrest has been made

as lo which a deputy claims lo be the victim of a crime:

(1) a departmental investigation be conducted, regardless

of any earlier investigation or the findings thereof;

6

(2) the investigators review all evidence introduced at

7

trial or provided to them by any person, and that they interview

8

all known witnesses including plaintiffs trial experts, and

9

interview plaintiffs counsel in any lawsuit alleging deputy

10

misconduct;

11

(3) a full report be made to the Sheriff and to the receiver

12

or special master with recommendations for or against

13

disciplinary or criminal sanctions against the deputy.

14

t. Directing that the defendants seek tangible ways (for example,

15

through disciplinary measures) to establish the principle that racial and ethnic

16

bias will not be tolerated within the LASD, and that the defendants establish an

17

adequate program of cultural awareness training and periodic retraining to

18

eliminate racial or ethnic stereotypes for all deputies.

19

4. Directing defendants to establish a civilian review board, separate from and

20 independent of the Los Angeles County Sheriffs Department, to review complaints against

21 deputies by members of the public, Cat. Govt. Code § 910 claims, and lawsuits concerning the

22 use of firearms, the use of force, unreasonable searches and seizures, false arrest, filing of false

23 charges, related dishonesty by deputies, and racial or ethnic bias by deputies; and empowering

24 said body to recommend discipline to the Sheriff and, when appropriate, criminal prosecution

25 to the District Attorney.

26

5. Entering judgment for compensatory general and special damages in an amount in

27 accordance with proof.

28

6. Entering judgment for exemplary damages against each of the individual defendants

13

From: Kevin S. Read To: Robert Moossy

Dale: 1/6/95 Time: 13:14:43

Page 51 of 52

1 in an amount sufficient to punish and to make an example of said defendants, and to deter said

2 defendants and others from engaging in similar conduct.

3

7. Awarding reasonable attorney's fees, expenses, and costs of suit.

4

8. Granting such other and further relief as the Court deems proper.

5

6 DATED: October , 1992.

7

8

HUGH MANES

9

Lead Counsel

10 DEMAND FOR JURY TRIAL
11 All plaintiffs demand a jury trial.
12 DATED: October , 1992
13

14

HUGH MANES

15

Lead Counsel

16

17

18

19

20

21

22

23

24

25

26

27

28

From: Kevin S. Read To: Robert Moosjy

Data: 1/6/95 Tim*: 13:15:21

Page 52 of 52

PROOF OF SERVICE

STATE OK CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the county of Los Angeles, State of California. I am over the ageof 18 and

not a party to the within action; my business address is: 315West Ninth Street, Suite 208, Los

Angeles, California 90015.

On October

1992,I served the foregoing document described as FIRST AMENDED

COMPLAINT, on allinterested parties in this action by placing true copies thereof enclosed in sealed

envelopes addressed as follows:

F. JAMES FEFFER COTKIN & COLLINS 201 N. Figueroa, St.e. 1100 Los Angeles, Ca 9001^
STEVEN MANNING CAROL ANN HIMST0N MORRIS, POLICH & PURDY 1055 West Seventh Street 24th Floor Los Angeles, CA 90017-2503

PATRICK T. MEYERS Principal Deputy County Counsel DE WITT W. CLINTON, County Counsel 64U Hall of Administration 500 West Temple Slreel Los Angeles, CA 90012
JOHN GEZELIUS THOMAS OVERLANDER OVERLANDER, AHERNE & LEWIS 801 N.Brand Blvd., Ste.640 Glendale, CA 91203

I am "readily familiar" with thefirm's practice of collection andprocessing correspondence for mailing. Under that, practice it.would be deposited with U.S. postal service on that, same day with postage thereon fully prepaid at LosAngeles, California in the ordinary course of business. I am aware that on motion of theparty served, service is presumed invalid if postal cancellation date or postage meter date is more than onedayafter date of deposit for mailing in the affidavit. Execuled on October 1992, al Los Angeles, California.
I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

 
 SETTLEMENT AGREEhIEN'I' AND hIUTUi1L RELEriSE 01: r\l,l, C'IJr\I.\IS This Settlenient Agreement and h4utual Release of all Clailiis (hereinafter refer-red to i s the "Settlement Agreement") is made and entered into by and between Darreri Tlio~iiash, licllael Sterling, Kevin Marshall, William Scott, Sandra Leonard, Candi Leohard, Julia Polk, Fernando Martinez, Jose Ortega, Jeffery Holliman, Charles Scott, Alvin Washington, Danny \Villia~iis, Alfredo Maya, Carlos Maya, Gilbert Maya, Irene Maya, Marguerita Maya, Raul Maya, Sr., Raul Maya, Jr., Ruben Maya, Brian Alejade, Estella Montoya, Rebecca Montoya, Crystal Trevino, Moniq~leTrevino, Carolina Calderon, Christina Calderon, David Calderon, Jorge Calderon, Linda Calderon, Ruben Calderon, Elsa Tovar, Francisco Tovar, Francisco Tovar, Jr., Herman Tovar, Jainie Tovar, Jesus Tovar, Marcela Tovar, Yessina Tovar, Sergio Sancliez, Jose Sancliez, Alfonso Sanchez, Alfredo Sanchez, Estella Sancliez, Marta Velez Sancliez, Ricliard Hernandez, Raul Gonzalez, Jesse Melendrez, Raphael Oclioa, Salvador Preciado, Marian Englisli, Ron Dalton; Marcelo Gonzalez, Eric Jones, Demetrio Carrillo, Tracy Batts, Elzie Coleniali, Lorel Clark, Stanley Jones, Kelvin Davis, Caesar Guerrero, Cedric Cliarles, Wlarcella Cliarles, Mary Cliarles, Yolancla Cliarles, hqakita McCoy, Lizzet Ga~nboaJ,esse Melendrez, Lilia Mele1ic11-ezN,alalie hdendez, Marlene Montiel, Brenda Villegas, De~nesioVillegas, Jose Villegas. Maria \'illegas, Christina Alonso, Perla Alonso, Jesus Orosco, Ramona Fuaniatu, Elizabetli Fuaniatu Villegas, Gregory Mason, Timothy Batts, Pal11Ibarra, Calvin Charles, Leopoldo Ortega, Jose Luis I-Iel-liandez,Henry Castro, Alan Brahier, Richard Cruz, and Aurelio Salazar, ant1 all o ~ h e rna~iiecl or ~ ~ n n a m epdlaintiffs in the three (3) lawsi~itsmentioned or referred to in this Scttlc~iicrit
Agreenlent. (Hereinafter to be I-eferredto as "Pl;liotilTs"), ancl the Coulity of 1-0s Angeles ant1 Los Angeles County Sheriffs Department (hereinafter to be rerel-red to as the " l ~ c r ' c ~ ~ t l i i n t s " ) , which shall also include any and all current and former officials, directors, officers, altiliates,

agents, deputies, rel)reseritatives, sel.vanls, ellll)loyec.s, S L I C C ~ S S O I .i~\ l, t O l . ~ l ~ \ ,( )'I~. C C,I C C C > S ~ I . S , divisions, branches, and a s s i ~ n sof the County of Los Anseles and/or tllc 1.0s Angclcs COLIIII'!~ Sheriffs Department, whether known or ilnkno\vn, and \vlietller na~iictl01.unnan;c.cl; tlic' ~~laintirt's and Defendants shall also hereinafter be referred to collectively as the I';II.~ics)
The purpose of this "Scttlenictit Ag~.cctiir~itis" to settle and cornl~r-omiscany ant1 all disputes, claims, causes of action, and controversies which exist or may exist bet\veen Pl;~i~ltiTrs and Defendants, and that are being rnai~~tainebdy l'l;~intiffsagainst the Defetitli~litsin the following lawsi~its: ( 1 ) Thomas. et al. v. C O L I IoItI'l~-os Anneles. et al.. CV 90-52 17 TJH: ( 2 ) Clark. et al. v. Block. et al.. CV 91-3689 7'11-I. and (3) Polk v. County of Los Angeles. et al.. CV 91-6620. The foregoing lawsuits arise from alleged civil rights violatio~~i~sntler1 2 U.S.C Sections 1991, 1983, 1985 for use of exccssivc. force, i~nla\t~fsie~al~.cliesand seiz111-esa,nd conspiracy, unconstiti~tionalcustoms, policies and practices and for state law violations basecl upon claims of assault and battery, false iml,sison~llerlt, negligence, ant1 \v~-o~lgctie~altll
The Pi~rticsdesire to enter into tllis Scttlctiic~iAt gt.ccti~c:titin order to ~.csolvethe dispntes and litigation en~bodiedin the I;)\ ~ ~listetd asbove, togetllcr \vitll any ancl all rights, clai~i~dse,bts and/or causes of action \\.l\~cl, Ii~ O S C ,or 1 1 l i ~ l lht ave arisen, as a conseqirencc of, ant1 in conjunction with, such disputes and l i r ~ ? . ~ t ~ oI*nliePi~l-tiesintend by this Settlel~ic~lt i-\grccment to reach a fi~llt,otal and co~i~jll~S.cr~c tlcmentand tliscliarge of any si~clirights, claims, debts, and/or causes of action b ~ * ~ \ \ l~'l*i~citnitirfsand I)cTctidi~~iLtsI~)OItIhe ternis arid conditions hereinafter set forth.

In consideration ot'the proilliseh, releases arld dismissals provided li)i-Ilcscln. c~lcllol'rilc Pi11.tics does hereby mutually and completely release and forever tliscl~argceach o f rlle otllcr l'arties, and their aye~its,elnployees (former and present), successors, Iicirs, cseciitosh, administrators, and assigns, and all other persons, associations and entities, named or i~nnamed, known or unknown, from any and all past, present, or future rights, claims, debts, and/or causes of action which Iiave arisen, or may in the fltnre arise, as a result of the contl-ovel-sies,disl~i~tes and litiyatio~idescribed or mentioned hesttin.
Eacli of tlie Yi~rtieshereby acknowledges and agrees that tliis Settlc~l~elri\tg~.ccn~cnt applies to any and all rights, claims, debts, and/or causes of action that each may Iiave against tllc other arising out of, or relating to, the above-described disputes and litigation incliicfing but 110: limited to, actions for defamation, ~nalicioi~psrosecution, or infliction of emotional distress, arising out of tlie dismissal or adjudication or coilrt ruling upon any claini, cause ot'action, or complaint described, mentioned or referred to herein and that it shall estend to any and all injuries, damages, and/or losses to each of the Pi~rties'person, plqopel-ty,bilsiness, and/or reputation, whether those injuries, damages, and/or losses are known 01-unknown, Ibl-eseen or unforeseen, latent or patent
Eacli of tlie Pi~rtieshereby espsesslv waives arid relinqi~isllesany and all rights wllicll might accrue in the'ir favor under Civil Code Section 1542, wllicli pr-ovides as follo\vs:
"A general release does not extend to claims which tlie creditor does not know or suspect to esist in liis favor at the time OK executing the release, \vhich if known by him must have nlaterially affected liis settlement \vith the debtor." Each Party acknowledges and agsccs that they iindel-stand that tlic c o ~ ~ s c q i ~ c nolc'rc'

waiver is that even i f tlley sl~oi~cldvc~itnallydiscovi.1- or suil;.~.ac{cli\ion;lli l l j ~ l l . ~ c~ ~. ~~, lll:,sc; ?~;~. l ~ j : ' ~ ~ . losses arising out of the above-described disl)i~tesand litigatio~i,tllcy \ \ . i l l 11oibc i~c'r.~~lit1t0c(' l assert any claim or cause of action for- those damages.
Each of the Parties fi~rtheracknowledges and agrees that tl~eyintent1 these consecltlences even as to claims or causes of action for injuries, damages, and/or losses that nlav esist as of the date of this Settlerncrlt Agr-eenlent but whicl~tlie Par-ties do not know esist, and \vl\ic\~if, known, would materially afTect their clecision to execute this S c ~ ~ l e r ~A~gel.crc~ritlcr~t,r.egartilcss of whether such lack of knowledge might be attributable to ignorance, oversiglit, error, negligence, or any other cause.
Each of tlie Par-ties acknowledges and ayrees that in esecirtiny this S C ~ ~ ~ C I I I C I I ~ Agr.eenlent, each has consi~ltedwitli, and relied upon, legal advice from the attorlles of their choice, based upon tlie terms of this Settlerlrerlt Agr.eer~~erit.
Lead counsel I-Iugh Manes ackno\vledges, agrees, covenants and ~ ~ r o ~ l l itsheats Ilc has lvritten authority and authorization froni each and every Pl;~irltiff,and their otller attol.nejls of recold, ~vhethernamed or i~nnamed,listed in tlie lawsuits refel.~.ectlo or mcntionccl in this Scttlcrllent Agr.cenlerlt, to bind and obligate them, without limitation, to the telxls, conclitions and provisions of this Settlerllen t Agr.eer~~te.r~
Each of the Pa~qtiesacknowledges and agrees that they have been f t ~ l l yal?pr.isetl of all relevant information relating to their rigllts, claims, debts, and/or causes of action. aricl rllar rliey intend for this Settlerllerit Agreernerit to eliconipass, witlioi~tlimitation, any sucli potclitial I ' L I ~ ~ I I . ~ injuries, da~nagesa, nd/or losses.
Each of the Pal-ties filrtlier ackllowledges and agrees t h a t tlicir accepting o f this

S c t t l c ~ ~ ~Aeg~~l -t e c ~ l lisc ~fr~eet ancl voluntary, and that ill executing this S c t t l c r ~ ~ cir\~gt ~ . c . r r ~ ~ c ~ ~ ~ . tlie): have not relied i!po!i any indi~ce~n:.ntsp, ronliscs, or r e l ~ r c s c ~ l t a t:1i1: :~1:~li1'~))~:II~;,o. I ' I I ~ c ;)!II~:I Pn~.tics,or the attorneys representing any ol'tlie other P;rl*tics,otller t l l a ~ ltllose csl,l.cssly sei forth in tliis "Scttle~nentA g ~ . c e ~ ~ ~ e ~ l t " ) .
Each of the Parties acknowledges and agrees tliat no otlier person or entity Iias, or has had, any interest in the injuries, damages, losses, and/or causes of action referred to in this Settlclllent Agl-ee111e11tE. ach of tlle P;ll-ties represents and warrants tliat tliey Ilave the sole ~-iyllt and exclusive autliority to execute tliis Scttle~nc~Altg l - e e ~ ~ ~aen~dlth,at they have not sold, assigned, transferred, conveyed, or otlienvise disposed of any of tlie I-iylitsto the injuries, damages, losses, and/or causes of action referred to in this S e t t l c ~ l ~ eAl ~gt~ - c e ~ ~ ~ e ~ r t
Each of tlie Pnrties acknowledges and agrees that tliis Sett l r l l ~ et~Al g ~ . e e ~ lt~pce~rtal ins to certain disputed rights, claims, debts, andlor causes of action I'OI. i1ij111.iecsl.a~iiagcsa, nd lo^ losses. and tliat tlieir acceptance of tliis S e t t l c ~ n c A~ ~gtl . c e l ~ ~ eto~g~et l,ler ivitli any adclitiolial acts required by said agreement, does not constitute, and sliall not be consr~ueclas, a n ad~iiissionol' liability with respect to the above-described dispiltes and litigation.
This S e t t l e r l ~ eA~ ~gtreeme~ltsliall not in any way be co~istri~eads an atlliiission by Defc~~tlanotfs any i~nlawfi~orl wrongfill acts, civil rigllts violatio~is,iise of csccssivc: f'o~.cc. i~nlawfi~arlrest, unlawfi~ldetentions or conspil-acies, or any liability \vliatsoeve~i ~ ti-avol-of Plaintiffs or any other person, known or i~nkno\vnn, amed or unna~lied.The I)el'e~rtl;l~a~ntds tlle County of Los Angeles specifically disclaim any liability to, or ~vrongfi~aclts or o~lrissionsagainst the Parties, Plaintiffs or any other persons.
Eacli and every Plaintiff represents that they Iiave 1101 I'IIccI any orlic~.-lawsuitsc, o~il()laints

or cllarges against l ) e f e r ~ d ; ~\v~it~llt sany state or fetleral caul-t or local, state 01. l'cdcsi~i;~gc~ic),. based on events undeslyin~tlie allcgatiolls ill tllis litigatioll.
The Parties and their attorneys of record, expressly waive, abanclo~i,and rcli1i(ji1isI1t,he recovery of any and all accrued, accu~iii~lateadn,d earned costs or attoslieys Fees that arc conipensable under any State or Federal law, which includes, but is not limited to, 42 U.S.C. $1988. The Parties, and tlieir attorneys of record agree to disnliss, witli prejuclice, any alicl all clai~iisfor all accrued, accu~iiulatedor earned costs, expenses allcl attor~ieysI'ces that arc recoverable under 42 U.S.C. $1988, or any otlier state or federal statutory ~)~-ovisioFirlo, nl defendants.
Plniutiffs agree that simultaneously witli the execution of this S e t t l c n ~ ci~\g~rtee~lle~rt, lead counsel for Plnirltiffs will execute and deliver to counsel for County a Request for Dismissal witli Prejildice of 1)efendnnts from tlie entire lawsuit; and each 1';rrty shall bear its o\vn costs and attorneys fees including, but not limited to, any accrued, accumi~latedor earnecl attoslicys fees
secoverable under 42 U.S.C. S 1988. The P;rr.tics agree to take ally a~lclall fit~.tllcS~L. ~ I Ii1S11~1l 0
esecute any other documents wliicli limy be necessary to erect a dis~iiissal\vitll ~~sc.iitclicoefeacll lawsuit mentioned or referred to Iierei~iand \vill immediately cause sucli docu~lle~ittos bc setit to counsel for Defendnnts. The Pi11.ties i~nclerstandtliat dislnissal of tlie class action claims O F tlic designated class is subject to the approval of tlie court.
In consideration for the pro~nisesset forth herein, and witllout any obligation to (lo so Defe~lda~latgsree that when Counsel of record for Deferldarlts receives tlie original of this Settle~lle~Altg~-ccnlenet xecuted by plaintilTs or their designatecl representative, I)cl'crltl;~~r\tvsill make tlie following payliients to Hugh R. hllanes for the benefit of tho Lyn\vox)cl ~)lai~itillt'ls.ust

fillid, subject to and conditioned i~ponapproval by tlie Los i\ligcles Cou~ityC'lainis 13oa1.dand tlie Los Angeles County Board of Supe~visors:
$3,000,000 on Janualy 3 1 , 1996 $1,000,000 on June 30, 1996 $2,500,000 on March 3 I , 1997 $1,000,000 on blarcli 3 I , 1998; (If the Los Angeles County Sheriffs Departn:crit has its forcc tracking system on deputies [krio\\.nas P.P.I.] fi~llvoperating by March 3 1 , 1997; if not fi~llyoperatins by that date, I'lni~ltiffsare to be paid $1,500,000 on blarcli 31, 1998). The Defendants also agree that $1,500,000 will be allocated by the Board of ~ u ~ ~ e r v i s o r s for the Sheriffs Depal-t~iiento conduct use of force training and other retraining arcas the Sllerill' deems proper for all Los Angeles County SlicriI~'sDeputy anti their supe~visors1, ,ilrsilant to reconmendations tilade in the July, 1992 I<c.l)ortof Special Coi~nsel,I-Ion. James G Kolts, Judge Retired, and in the Semi-Annual Reports ol'Spccial Counsel Merrick J . Bobb. 'That snm will be made available to the Los Angeles Sliel.ill'.; I>c.l,art~llennt o later than Wlarch 3 I , 1996. The County of Los Angeles alsc~.\grcc's tI\;11 it ivill estencl tlie contract of Special Co111isc.l Merrick J. Bobb until December 3 1 , 190~) tI1;it his reviews of the Sheriffs I>el)artnlent, reflected in semi-annual reports, will c o ~ l t ~ ~ullliti~l cthat date. The payments listed above and cv~ltaincdherein i~iclucleand encompass any and all costs
and attorneys fees recoverable iinder 42 U S C 3 1988 or any state law provision. The Pal-tics

also agree, that no consideration is being paid by clefendants i n tllc case of I'olk \; Colrnty ot'I,os Angeles et al CV 9 1-6620 TJH.
On or after January 4, 1996, but before January 3 I , 1996, a repsescntati\,c of cacll of tllc Pnr.ties will issue a ~iii~ti~aalglsyeed to joint press release annoutlcing tlie scttlc~ncn[
Each Party hereto shall bear its own costs, expenses and attorneys fees incurred in connection with any claims that are tlie subject of this Scttlellie~ltA g ~ . e c ~ n eml ~atde by Plni~~tifl's against Defe'endnl~tsa, nd each of tlie Pi11.ticshereto expressly \\laives, aba~idonsand rcli1i~1iiisIl~s any claim for recovery of any such costs, expenses or attorneys fees including any ant1 all attorneys fees or costs recoverable under any State or Federal Law fro111the other I';\~.ty.
Each P ~ r t yhereto reserves any and all rights they may have to enforce this S c t t l e ~ l l c ~ ~ t Ag~.ecll~elwlthether at law, in equity or otherwise. Each Pi11.tyI~eretoagrees to do all tlii~~gansd execute and deliver all instructions and documents necessaly to fillfill and efl'ect thc ~ ~ s o v i s i 0o1~'~ s this Scttletlie~ltA g ~ . e e ~ l l ea~nldt protect the I-espectiverights of tlie l'itrties to tllis S C ~ ~ ~ C I I I ~ I I I Ag~-eenlent.
No waiver by any Pi~rtyof any breach of any term or provision of this Scttlcnle~lt Agr.eement sliall be construed to be, nor bc a waiver of any prececling, concur^-ent or succecrli~lg breacli of the same: or any other term or provision hereof No ivaiver of a bseacll shall be b i ~ i i l ~ ~ \ \ ~ unless in writing and signed by tlie Party to be charged or Iield bound.
Lead counsel Hugh Manes agrees, proniises and stipulates that lie I~asbeen given \I.I.IIIL.II authority and authorization from all of the I'liri~ltiffs and tlieir respective attorneys of ~-ecor.tl sign this Settlen~entAgreement on their behalf and to bind each atid every I'lai~ttil'fand 11ic11
S

attorney of record to the ternis and conditions of this agreement. Counsel for defendants agrees, promises, and stipi~latesi h n t IIC lliis hccn givc.11ailthori'ty
and authorization from all of the defendants and their respective attorneys ot'recol-d to sign this Settle~rre~Artgreerrretlt on their behalf and to bind each and every defendant and their attorneys of record to the terms and conditions of this ayreeli1ent.
This Settleriie~ltAgl.eeorerlt may be executed in one or Illore countel~pa~.tesa,ch of \vhicli shall be deemed an original, but all of \viiicll toyetlier sl~allconstitute one and tlie sanie instn~lnent.
This Settlenrent Agreenrent contains all tlie terms and conditions agreed ilpon by the Parties hereto regarding the subject niatter ofthis Settlerlierlt Agreeolent. Any prior agreelnents, promises, negotiations, or representations, either oral or written, relating to tlie subject matter of this Settlenrent Agreetnent, not expressly set forth in this Settlcrrlcrlt Agreement, are nilll and void and of no leyal force or effect.
The date of tlie last signat~~prelaced liereon shall lierei~iafterbe known as tllc "datc ol' execution" of this Settlenlerlt Agl-cenlcnt.
Should any of the provisions herein be determined to be invalid by the Court or goverl1n1ent agency of competent jurisdiction, it is agreed that s i ~ cdl e~termination shall not affect the enforceability of any other provisions herein.
The Parties to this Set tleri~cttl Agt'eerrlen t represent that this agreement niay be used as evidence only and exclusively in a subsequent proceediny in \vliicli any of the ~ ~ a r t iaelslcgcs a breach of this S e t t l e r l i e ~ ~Atgt.eemetlt or to enforce the provisions of this Settlcrllcrlt
Agreement.

Each of tlie Parties acknowletlgcs and agrees that the intlivid~~aclscci~\ili;rllis

Settlenlent Agreenlent on their belialf have the requisite aut1101-ityto cudoi.sc tile agr.ccl1iclit and

to bind the Parties to the terms and conditions contained herein, and that this Settlerllerlt

Agr.ccnlent shall becollie effective im~netliatelyupon its execution by cacli ol'tl~c1':11.tics01. tllcil.

representatives.

Each of the Par-ties acknowledges and ayrees that this Settlernerlt Agr.ccnlcr~t,consisting

of ten (10) pages contains tlie entire agreement of the Parties, ant1 that it was enterecl into, and

shall be constn~edand interpreted in accosdance with, the laws of the State of Califosnia.

IN WITNESS THEREOF, tlie i~nder-signedHugh h!lanes (Lead Cou~isel)does hereby

execute this Settlerllerlt Agraeenlerlt illid R4\1tt1ill Rele;lse ol';ill Cliiirils 011behalf of all

Plnirltiffs and their respective attorneys of

rf DATED: J a n u a r y

, 1996

. ,

HUGH MANES

Plaintiffs' RepresentativeIDesignee

IN WITNESS THEREOF, the undersigned

--

coi~nsel['(It.

defendants does hereby execute this Settlerllcrlt Agreenlcnt i i ~ l t lnllut~~;Rilc1c;isc ol'illl Cl;iirlis

on behalf of the Defendilnts.

3 ) DATED: J a n u a r y

, 1996

 
 Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 1 of 87
(Ex),CLOSED
UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division − Los Angeles)
CIVIL DOCKET FOR CASE #: 2:90−cv−05217−TJH

Thomas, et al v. Los Angeles County, et al Assigned to: Judge Terry J. Hatter, Jr Demand: $0 Case in other court: 9thCCA, 06−56228
9th CCA, 09−55297 Cause: 42:1983 Civil Rights Act Plaintiff
Darren Thomas

Date Filed: 09/26/1990 Date Terminated: 02/02/1996 Jury Demand: Defendant Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Donald Webster Cook Law Firm of Mann and Cook ATTORNEY HAS NOT CONSENTED TO ELECTRONIC SERVICE 3435 Wilshire Boulevard Suite 2910 Los Angeles, CA 90010 213−252−9444 Fax: 213−252−0091 Email: manncook@earthlink.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gary Steven Casselman Gary S Casselman Law Offices 3415 S Sepulveda Blvd Suite 100 Los Angeles, CA 90034 310−314−4444 Fax: 310−314−4447 Email: garyscasselman@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
George Vernon Denny , III N/A TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hugh R Manes Manes & Watson 3435 Wilshire Blvd, Ste 2900 Los Angeles, CA 90010−2015 213−381−7793 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Oliver Foster James O Foster Law Offices 4929 Wilshire Blvd Suite 915 Los Angeles, CA 90010−3823 213−936−2710 TERMINATED: 07/10/2008 LEAD ATTORNEY
James S Muller Law Offices of James S Muller

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 2 of 87
225 East Broadway Suite 107F Glendale, CA 91205 818−536−7922 Fax: 818−536−7499 Email: jamesmullerlaw@att.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
John C Burton The Law Offices of John Burton 4 East Holly Street, Suite 201 Pasadena, CA 91103 626−449−8300 Fax: 626−449−4417 Email: jb@johnburtonlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jorge Gonzalez Jorge Gonzalez Law Offices 2485 Huntington Drive Suite 238 San Marino, CA 91108 626−683−3922 Fax: 626−683−3944 Email: jggorgeous@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julius L Chambers NAACP Legal Defense Fund 99 Hudson Street 16th Floor New York, NY 10013 212−219−1900 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Eiden Richard Eiden Law Offices 3809 Plaza Dr Suite 107−282 Oceanside, CA 92056 619−758−2410 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Frederick Mann Mann and Cook 3435 Wilshire Boulevard Suite 2910 Los Angeles, CA 90010 213−252−9444 Fax: 213−252−0091 Email: manncook@earthlink.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Scott Frazier Craig Law Office of Scott F Craig 11601 Wilshire Boulevard, Suite 500 Los Angeles, CA 90025 310−231−8748 Fax: 310−575−1890 Email: scraiglaw@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 3 of 87

Plaintiff Jesus Avila
Plaintiff Ernesto Avila
Plaintiff Tracy Batts
Plaintiff Aaron Breitigam
Plaintiff Antonio Caballero

Theodore M Shaw NAACP Legal Defense & Educational Fund 1055 Wilshire Blvd Ste 1480 Los Angeles, CA 90017 213−975−0211 TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Holly A Thomas NAACP Legal Defense Educational Fund 99 Hudson Street, Suite 1600 New York, NY 10013 212−965−2200 Email: hthomas@naacpldf.org ATTORNEY TO BE NOTICED
Patrick O Patterson NAACP Legal Defense & Educational Fund 1055 Wilshire Blvd Ste 1480 Los Angeles, CA 90017 213−975−0211 TERMINATED: 07/10/2008
represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 4 of 87

ATTORNEY TO BE NOTICED

Plaintiff
Ruben Calderon individually, and as Guardian ad litem for Christina Calderon, a minor; and David Calderon, a minor

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Carolina Calderon

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Linda Calderon

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Jorge Calderon

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Demetrio Carillo

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Elzie Coleman

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Dolores Dalton Guardian ad Litem for a minor Ron Dalton

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Marrianne English inidividually and as parent and heir of Lawrence Johnson Deceased

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 5 of 87

Sergio Galindo

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Raul Gonzales

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Marcelo Gonzalez

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Richard Hernandez

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Jeffrey Holliman

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Socorro Huerta Guardian ad litem for minor Fernandez Martinez

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Eric Jones

represented by Eric Jones PRO SE

George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Sandra Leonard heir of William Leonard, deceased

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

represented by

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 6 of 87

Candi Leonard heir of William Leonard, deceased

George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Yidefonza Lorenzana

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Alfredo Maya inidividually and as Guardian ad litem for Irene Maya

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Raul Maya individual and as Guardian ad litem for Raul Maya Jr, a minor

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Carlos Maya

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Marguerita Maya

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Ruben Maya

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Lupe Maya

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Natalie Melendrez Guardian ad litem for a minor Jessie Melendrez

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 7 of 87

ATTORNEY TO BE NOTICED

Plaintiff George Mendibles

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Estella Montoya individually and as Guardian ad litem for Rebecca Montoya a minor & Crystal Trevino & Monique Trevino

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Raphael Ochoa

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Jose Ortega

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Delia Osita

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Patsy Perez Guardian at litem for Adolpho Alejade a minor & Brian Alejade a minor

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Rita Preciado Guardian ad litem for Salvador Preciado a minor

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Teresa Rodriguez individually and as Guardian ad litem Alice Orejel a minor Maria Orejel a minor

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 8 of 87

Sergio Sanchez

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Jose Sanchez

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Alfredo Sanchez

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Charles Scott

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Michael Sterling

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Kevin Marshall

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff William Scott

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Alvin Washinton

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Danny Williams

represented by George Vernon Denny , III (See above for address) TERMINATED: 07/10/2008 LEAD ATTORNEY

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 9 of 87

ATTORNEY TO BE NOTICED

Plaintiff
Julia Polk Administrator for Estate of Lloyd Polk

represented by Alan Jenkins NAACP Legal Defense Fund 99 Hudson Street 16th Floor New York, NY 10013 212−219−1900 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bill Lann Lee Lewis Feinberg Lee Renaker and Jackson PC 476 Ninth Street Oakland, CA 94607 510−839−6824 Fax: 510−839−7893 Email: blee@lewisfeinberg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol A Watson Manes and Watson 5707 Glenford Street Los Angeles, CA 90010 323−290−0310 Email: watsoncarol6@ca.rr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Clyde E Murphy NAACP Legal Defense Fund 99 Hudson Street 16th Floor New York, NY 10013 212−219−1900 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Constance L Rice English Munger & Rice 1545 Wilshire Blvd, Ste 800 Los Angeles, CA 90017 213−989−1300 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hugh R Manes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Julius L Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin Scott Reed University of California Los Angeles 2135 Murphy Hall 405 Hilgard Avenue Los Angeles, CA 90095

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 10 of 87

310−206−1355 Fax: 310−206−6030 Email: kreed@conet.ucla.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marina Hsieh NAACP Legal Defense Fund 99 Hudson Street 16th Floor New York, NY 10013 212−219−1900 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick O Patterson (See above for address) TERMINATED: 07/10/2008

Plaintiff Estela Sanchez

represented by Alan Jenkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bill Lann Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol A Watson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Clyde E Murphy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Constance L Rice (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hugh R Manes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Julius L Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin Scott Reed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marina Hsieh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 11 of 87

Plaintiff Alfonso Sanchez
Plaintiff Francisco Tovar individually and as guardian ad litem for minors Francisco Tovar Jr, Yesenia Tovar, Marcela Tovar, Jaime Tovar, Jesus Tovar and Herman Tovar

Patrick O Patterson (See above for address) TERMINATED: 07/10/2008
represented by Alan Jenkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bill Lann Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carol A Watson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clyde E Murphy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Constance L Rice (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hugh R Manes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julius L Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin Scott Reed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marina Hsieh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick O Patterson (See above for address) TERMINATED: 07/10/2008
represented by Alan Jenkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bill Lann Lee (See above for address) LEAD ATTORNEY

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 12 of 87

ATTORNEY TO BE NOTICED

Carol A Watson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Clyde E Murphy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Constance L Rice (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hugh R Manes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Julius L Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin Scott Reed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marina Hsieh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick O Patterson (See above for address) TERMINATED: 07/10/2008

Plaintiff Elsa Tovar

represented by Alan Jenkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bill Lann Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol A Watson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Clyde E Murphy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Constance L Rice (See above for address)

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 13 of 87

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hugh R Manes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Julius L Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin Scott Reed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marina Hsieh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick O Patterson (See above for address) TERMINATED: 07/10/2008

Plaintiff Marta Velez

represented by Alan Jenkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bill Lann Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol A Watson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Clyde E Murphy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Constance L Rice (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hugh R Manes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Julius L Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin Scott Reed

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 14 of 87
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marina Hsieh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick O Patterson (See above for address) TERMINATED: 07/10/2008

V. Intervenor Plaintiff Freddie Fuiava

represented by Diana Samuelson Serra Lichter Daar Bustamante Michael & Wilson 506 Broadway San Francisco, CA 94133 415−986−5591 Email: dianasamuelson@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Satris Michael Satris Law Offices P O Box 337 Bolinas, CA 94924 415−868−9209 Email: satris@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Los Angeles County a public entity

represented by De Witt W Clinton Los Angeles County Counsel 648 Kenneth Hahn Hall of Administration 500 W Temple St Los Angeles, CA 90012−2713 213−974−1811 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick T Meyers Los Angeles County Counsel 648 Kenneth Hahn Hall of Administration 500 W Temple St Los Angeles, CA 90012−2713 213−974−1811 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Raymond J Fuentes Fuentes & McNally 144 N Brand Blvd Glendale, CA 91203−2602 818−543−4750 Email: fmllp@fm−llp.com

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 15 of 87

LEAD ATTORNEY ATTORNEY TO BE NOTICED

S Robert Ambrose Los Angeles County Counsel 648 Kenneth Hahn Hall of Administration 500 W Temple St Los Angeles, CA 90012−2713 213−974−1811 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Los Angeles Sheriff's Department a public entity

Defendant
Lynwood City Of a public entity & a municipal corporation

represented by De Witt W Clinton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick T Meyers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

S Robert Ambrose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Sherman Block individually and as Sheriff of the County of Los Angeles

represented by De Witt W Clinton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick T Meyers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

S Robert Ambrose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Robert Edmonds individually and as Undersheriff of the County of Los Angeles

represented by De Witt W Clinton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick T Meyers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

S Robert Ambrose (See above for address) LEAD ATTORNEY

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 16 of 87

ATTORNEY TO BE NOTICED

Defendant
Jerry Harper individually and as Assistant Sheriff of the County of Los Angeles

represented by Patrick T Meyers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

S Robert Ambrose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Richard Foreman individually and as Assistant Sheriff of the County of Los Angeles

represented by Patrick T Meyers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Bert J Cueva individually and as Commander of the Los Angeles County Sheriff's Lynwood Station

represented by Patrick T Meyers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Paul Archambault #213669

represented by Barry A Bradley Bradley and Gmelich 700 North Brand Blvd 10th Fl Glendale, CA 91203 818−243−5200 Fax: 818−243−5266 Email: bbradley@bglawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Ann Humiston Burbank City Atttorneys Office 275 East Olive Avenue PO Box 6459 Burbank, CA 91510 818−238−5707 Fax: 818−238−5724 Email: chumiston@chwlaw.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson Morris Polich and Purdy LLP 1055 West 7th Street 24th Floor Los Angeles, CA 90017−2503 213−891−9100 Fax: 213−488−1178 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha A Shen−Urquidez Stephan Oringher Richman & Theodora 2029 Century Pk E, 6th Fl Los Angeles, CA 90067−2907 310−557−2009 LEAD ATTORNEY

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 17 of 87

ATTORNEY TO BE NOTICED

Steven D Manning Manning & Marder Kass Ellrod Ramirez 660 S Figueroa St, 23rd Fl Los Angeles, CA 90017 213−624−6900 Email: sdm@mmker.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Anthony Campbell #013405

represented by Barry A Bradley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
James Corrigan #213671

represented by Barry A Bradley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 18 of 87

Defendant
Robert Delgadillo #230237

represented by Barry A Bradley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Michael J Garcia #207136

Defendant
Kelly (Gill) McMichael #260309

represented by Barry A Bradley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Douglas C Gillies #244674

Defendant

represented by

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 19 of 87

J Leslie #223389

Barry A Bradley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Jason Mann #196175

Defendant
Guy Mato #188894

Defendant
John Mossotti #232692

represented by Barry A Bradley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Edward M Nordskog #241276

represented by Barry A Bradley (See above for address)

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 20 of 87

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Michael Pippin #116212

represented by Barry A Bradley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Dan Raimo #207220

represented by Barry A Bradley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 21 of 87

Defendant Thomas A Rosas #111632
Defendant J Sheehy #207157

Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barry A Bradley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barry A Bradley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 22 of 87

Defendant
Elizabeth NMI Smith #222075

represented by Barry A Bradley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Gregory Thompson #196144

represented by Barry A Bradley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha A Shen−Urquidez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven D Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Thomas Zampiello #128, who is sued individually and in his official capacity

Defendant
Does 1 through 414, each of whom is sued individually and in his or her official capacity as an agent or employee of the

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 23 of 87

County of Los Angeles, or the City of Lynwood

Defendant Juan Alvarado

Defendant
Unknown Anderson Sgt #160080

Defendant Charles Barton

Defendant
Timothy E Benson #246380

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Gary Blackwell

Defendant
Steve Blair #236778

Defendant
Robert Blume #273451

Defendant
Unknown Brandenburg #209523

Defendant
C Brantley Lt

represented by Patrick T Meyers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Timothy Broad

Defendant
Katherine Brown−Voyer #258489

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant T Brownell

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Corrine L Grubb Morris Polich & Purdy 1055 W 7th St, 24th Fl

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 24 of 87

Los Angeles, CA 90017−2503 213−891−9100 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Janet Marie Richardson Morris Polich & Purdy 1055 W 7th St, 24th Fl Los Angeles, CA 90017−2503 213−891−9100 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marc Steven Katz Morris Polich & Purdy 1055 W 7th St, 24th Fl Los Angeles, CA 90017−2503 213−891−9100 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zahava Stroud Bragg Serota & Kuluva 801 S Figueroa St, Ste 2100 Los Angeles, CA 90017−2575 213−612−5335 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Richard Calzada

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Scott Carter #150582

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Richard L Castro Lt

represented by Patrick T Meyers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
John Chapman #220837

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Javier Clift

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 25 of 87

ATTORNEY TO BE NOTICED

Defendant
John NMI Corina #213435

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Daniel Cooper

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Danielle Cormier

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Corrine L Grubb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Janet Marie Richardson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marc Steven Katz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zahava Stroud (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Unknown Costleigh #173151

Defendant Frustino Delvalle

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Unknown Devine Sgt

Defendant Robert Dillard

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 26 of 87

Defendant Craig Ditsch
Defendant Stephen Downey #219137 Defendant Raymond Esquerra #137451
Defendant Lance Fralick Defendant Ronald E Gilbert #207131 Defendant Unknown Giron #033144 Defendant Neils Gittisarn #236616 Defendant Timothy Glover
Defendant Curtis Golden Defendant Frank NMI Gonzales
Defendant Kevin Goran #222021
Defendant Raymond Gott Captain

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patrick T Meyers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 27 of 87

Defendant Ruben Gracia #213459 Defendant Albert Grotefend #034657
Defendant Joseph NMI Guzman
Defendant Allen Harris Defendant Tommy Harris Sgt
Defendant T J Harvey #038535 Defendant A Herrera Lt
Defendant Unknown Holbrook #209619 Defendant Joseph Holmes #041885
Defendant Eric Hubner #37190 Defendant Dale Huffman #265013 Defendant Kevin J Kiff #235151

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patrick T Meyers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 28 of 87

Defendant
Loy Luna #201663

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Allyn Lawrence Martin #223374

Defendant
Scott Lee McCormick #248043

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Corrine L Grubb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Janet Marie Richardson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marc Steven Katz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zahava Stroud (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Abel A Moreno #195912

Defendant Jack Neihouse

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Unknown Nelson #220245

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Unknown Nunez #067434

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 29 of 87

Defendant Rodolfo O'Dell
Defendant Unknown O'Hara #183119 Defendant Richard Orosco #068734
Defendant James Pacina
Defendant Andre Pinesett #260171
Defendant Unknown Radeleff Lt
Defendant Jack Ramirez #211246
Defendant Jerold Reeves #208423 Defendant R A Reed #236792

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard S Kemalyan JUDGE NO CURRENT ADDRESS ON FILE LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patrick T Meyers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Corrine L Grubb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janet Marie Richardson (See above for address) LEAD ATTORNEY

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 30 of 87

ATTORNEY TO BE NOTICED

Marc Steven Katz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zahava Stroud (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Michael NMI Reynolds

Defendant
Unknown Rifkin #207195

Defendant Allen NMI Ripley

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Martin Rodriguez

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Corrine L Grubb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Janet Marie Richardson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marc Steven Katz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zahava Stroud (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
William Roman #077668

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 31 of 87

Defendant T Running
Defendant Michael Salvatore #044852 Defendant Michael Schneider #244092

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Corrine L Grubb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janet Marie Richardson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc Steven Katz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Zahava Stroud (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Corrine L Grubb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dean A Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janet Marie Richardson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc Steven Katz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 32 of 87

Defendant Larry Shultz Defendant Samuel Silva Defendant M Sparks Lt
Defendant Brian NMI Steinwand #218524
Defendant Jack Tarasiuk #244912
Defendant Gerald Richard Thompson #238853 Defendant Greg Thurman Defendant Patrick Valdez Defendant Michael Voge #186761 Defendant Byron G Wainie #222015 Defendant K Wall #238868
Defendant Todd Lawrence Wallace #248150

Zahava Stroud (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patrick T Meyers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 33 of 87

Defendant John A West #248032 Defendant James Whitten
Defendant Michael NMI Wilber Defendant Robert Windrim
Defendant Chris James Young #248084, each of whom is sued individually in his or her official capacity as an agent or employee of the County of Los Angeles

represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Ann Humiston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

07/28/1985

LODGED judgment on 2nd & 3rd causes of action in favor of dft (FWD TO CRD) (weap) (Entered: 08/14/1995)

02/18/1993 1234 NOTICE OF MOTION AND MOTION by plaintiff Darren Thomas, et al to quash subp duces tecum & req for documents decl & p's & a's ; motion hearing set for 9:00 3/4/94 (bp) (Entered: 02/22/1994)

12/10/1993 1161 MINUTES: Status conf re subp issued re depo of custodian of records of UCLA Meyers reports as to reasons why subp was issued. Crt hears frm several cnsl. Court quashes subp. ; status conf re case management set on 3:30 1/24/94 by Judge Terry J. Hatter CR: Maria Beesley (bp) (Entered: 02/07/1994)

12/13/1993 1162 NOTICE OF MOTION AND MOTION to compel fur prod of discovery ; motion hearing set for 9:00 1/7/94 Pla's (bp) (Entered: 02/07/1994)

12/20/1993 1178 NOTICE OF MOTION AND MOTION for sanctions , to compel prod of docs by pla Alvin Washington ; motion hearing set for 9:00 1/14/94 (bp) (Entered: 02/07/1994)

12/27/1993 1181 MINUTES: taking under advisement on the motion for sanctions [1178−1], taking under advisement on the motion to compel prod of docs by pla Alvin Washington [1178−2] by Judge Terry J. Hatter CR: none (bp) (Entered: 02/07/1994)

12/28/1993 1182 NOTICE OF MOTION AND MOTION for reconsideration by District Judge of ord imposing sanctions upon non−parties Police Watch & Karol Heppe memo of p's & a's & exhibits in supp ; motion hearing set for 10:00 1/24/94 Non−parties Police Watch & Karol Heppe (bp) (Entered: 02/07/1994)

01/03/1994

FOR ALL PREVIOUS DOCKETING, REFER TO THE PAPER DOCKET (bp) (Entered: 02/07/1994)

01/03/1994

1183

NOTICE OF MOTION AND MOTION by defendant's for summary judgment , or in the alt for summary adjudication ; motion hearing set for 10:00 1/24/94 memo of p's & a's; decl's of Tyra Louisa Orduna, Mark Jeffrey Libman, Ed Nordskog & Kevin Kiff; exhibits in supp thereof; stmt of uncontroverted facts & conclusions of law; prop ord. (bp) (Entered: 02/07/1994)

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01/03/1994 1184 NOTICE OF MOTION AND MOTION by plaintiff Darren Thomas for protective order , for order requiring defense cnsl Martha Shen to pay sanctions & attorneys fees ; motion hearing set for 9:00 1/21/94 supporting decl & exhibits. (bp) (Entered: 02/07/1994)

01/04/1994 1185 REPLY to dft's mot for protective ord memo of p's & a's in supp. by plaintiff Darren Thomas (bp) (Entered: 02/07/1994)

01/04/1994 1186 REPLY to dft's contentions re mot to compel fur discovery memo of p's & a's in supp. by plaintiff Darren Thomas (bp) (Entered: 02/07/1994)

01/04/1994 1187 Supplemental MEMORANDUM of p's & a's in reply to pla's by defendant Los Angeles County in support of motion to compel fur prod of discovery [1162−1] decl of Patrick T. Meyers & Carol Humiston; & exhibit. (bp) (Entered: 02/07/1994)

01/04/1994 1188 REPLY; Supplemental memo of p's & a's in reply to pla's opp to dft's mot for protective ord; decl of Dennis H. Burns in supp by defendant Los Angeles County re [1185−1] (bp) (Entered: 02/07/1994)

01/04/1994 1189 MINUTES: denying motion for protective order w/o prej for failure to comply fully with L.R. 7.15 [1184−1], denying motion for order requiring defense cnsl Martha Shen to pay sanctions & attorneys fees [1184−2] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 02/07/1994)

01/05/1994 1190 MEMORANDUM of law in opp to Deputy dft's ex parte appl for protective ord against depo of non−party witness Roger Clark; decl of John C. Burton & exhibits by plaintiff Darren Thomas in opposition (bp) (Entered: 02/07/1994)

01/05/1994 1191 NOTICE of doc discrepancies; ex parte appl for protective ord; lacking ord; The doc are to be fld & processed. (bp) (Entered: 02/07/1994)

01/05/1994 1192 EX PARTE APPLICATION by defendant's for protective order against depo of Roger Clark Memo of p's & a's; decl of Carol Ann Humiston; exhibits ; motion hearing set for <date not set> (bp) (Entered: 02/07/1994)

01/05/1994 1193 OPPOSITION to pla's mot for protective ord; request for sanctions; memo of p's & a's in supp therof; decl of Martha A. Shen; exhibits. by defendant's (bp) (Entered: 02/07/1994)

01/05/1994 1194 MINUTES: The court has read & considered all papers fld in supp of & in opp to the ex part appl for protective ord adainst depo of Roger Clark denying motion for protective order against depo of Roger Clark [1192−1] by Judge Terry J. Hatter CR: none (bp) (Entered: 02/07/1994)

01/07/1994 1195 OPPOSITION to by defendant's motion for reconsideration by District Judge of ord imposing sanctions upon non−parties Police Watch & Karol Heppe [1182−1] memo of p's & a's in supp; decl's; exhibits. (bp) (Entered: 02/07/1994)

01/07/1994 1196 NOTICE of joinder in dft Deputies sumjgm, or in the alt, sumadj of issues on the twenty−third cause of actn, & in all supporting papers by defendant Los Angeles County (bp) (Entered: 02/07/1994)

01/09/1994 1223 DECLARATION of Carol Ann Humiston & Alice M. Holsonback; req for relief for late flng of opp to mot to compel dft's depo by Deputy defendants (bp) (Entered: 02/18/1994)

01/10/1994

1197

NOTICE OF MOTION AND MOTION by defendant's to compel the depo of Ernesto Avila request for reasonable attorneys fees & costs against pla & pla's cnsl; joint stip of the parteis decl's of Carol Ann Humiston, Janet M. Richardson, Tom R. Shapiro, & Patrick T. Meyers; exhibits ; motion hearing set for 9:00 1/21/94 (bp) (Entered: 02/07/1994)

01/10/1994

1198

NOTICE OF MOTION AND MOTION by defendant Paul Archambault for summary adjudication of issues on the 26th cause of actn of pla Tracy Batts memo of p's & a's; decl's of Dan Raimo, Greg Thompson, Joseph Sheehy, & Jeffrey Leslie; decl of Carol Ann Humiston; exhibits; stmt of uncontroverted facts & conclusions of law; request for judicial notice; prop ord ; motion hearing set for 10:00 1/31/94 (bp) (Entered: 02/07/1994)

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 35 of 87

01/10/1994 1199 REQUEST by defendant's Paul Archambault for judicial notice (bp) (Entered: 02/07/1994)

01/11/1994 1200 JOINDER in dft Deputies, sumadj of issues on the 26th cause of actn, & in all supporting papers by defendant Los Angeles County re [1198−1] (bp) (Entered: 02/07/1994)

01/11/1994 1201 SUPPLEMENTAL p's & a's in opp to dft's demand for prod of Alvin Washington's & J & A Auto repairs tax returns by plaintiff's Darren Thomas (bp) (Entered: 02/07/1994)

01/11/1994 1202 MINUTES: vacating hearing re motion to compel the depo of Ernesto Avila [1197−1] Any party may fl a suppl memo on or bef 1/19/94. At tht ti, the crt will take the mot under submission w/o oral argument, unless the crt otherwise ords. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 02/07/1994)

01/12/1994

1203

MINUTES: The crt has read & considered all papers fld in supp of & in opp to dft's county of L.A. & Sheriff Sherman Block's mot for protective ord, etc. (the mot), fld 12/10/93. The crt has taken the mot under submission w/o oral argument. See L.R. 7.11 except as reglected in the crt's ord re pla's mot to compel fur production of discovery, fld concurrently herewith, the mot is denied. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 02/07/1994)

01/12/1994

1204

MINUTES: taking under advisement on the motion for sanctions [1178−1], taking under advisement on the motion to compel prod of docs by pla Alvin Washington [1178−2] Within 30 days of the dt of this ord, pla Alvin Washington shall produce the subject documents to dft's. If pla Alvin Washington presently does not possess the subject documents, he promptly shall obtain certified copies frm the IRS. Except as expressly stated herein, the mot is denied. by Judge Charles F. Eick CR: none (bp) (Entered: 02/07/1994)

01/12/1994

1205

MINUTES: denying motion to compel fur prod of discovery [1162−1] The mot is granted in part. The mot is granted as to req Nos. 3 (beginning in 1988); 12 (beginning in Oct 84); 13 (beginning in Oct 84 & limited to complaints of excessive force); 23; 24; 25; 28; 32 & 33. Request Nos. 14, 16 & 17 are denied. The mot is granted as to Interrogatories Nos. 9; 10; 11; 12 & 14. Except as expressly stated herein, the mot is denied. See FRCP 26(b)(1). by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 02/07/1994)

01/14/1994 1206 OBJECTIONS to ord of 12/27/93 of Mag Judge; memo of p's & a's; decl of Robert Mann; exhibits. by plaintiff's Darren Thomas (bp) (Entered: 02/07/1994)

01/19/1994 1207 SUPPLEMENTAL memo re dft's mot to compel the depo of Ernesto Avila by plaintiff Darren Thomas re motion to compel the depo of Ernesto Avila [1197−1] (bp) (Entered: 02/07/1994)

01/20/1994 1208 STATUS REPORT by plaintiff's Darren Thomas (bp) (Entered: 02/07/1994)

01/20/1994

1209

MINUTES: taking under advisement w/o oral argument on the motion to compel the depo of Ernesto Avila [1197−1] The mot is granted in part. NLT 60 days frm the dt of this ord, at a dt, ti & place to be agreed upon among the parties, pla Ernesto Avial shall appear for the completion of his depo. Within 30 days of the dt of this ord, Pla Ernesto Avila shall pay to dft's the total sum of $496.50 as sanctions under rule 37 of FRCP. Except as expressly stated herein, the mot is denied. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 02/07/1994)

01/21/1994 1210 ORDER by Judge Terry J. Hatter denying motion for reconsideration by District Judge of ord imposing sanctions upon non−parties Police Watch & Karol Heppe [1182−1] (bp) (Entered: 02/07/1994)

01/21/1994

1211

ORDER The court has considered the pla's mots for partial sumgjm re the validity of the search warrant & the reasonableness of ths searches identified in the 12th, 13th, 14th, 15th, 16th, & 17th causes of actn, together with the moving & opposing papers & the video tape provided by the dft's. It is ORD tht the mots be, & hereby are, DENIED. by Judge Terry J. Hatter (bp) (Entered: 02/07/1994)

01/21/1994 1212 ORDER by Judge Terry J. Hatter The crt has reviwed pla's statrpt fld on 1/20/94. ; pretrial conference on 10:00 9/26/94 ; status conf taken off cal It is fur ORD tht the

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 36 of 87

discovery cutoff dt shall be 6/30/94. It is fur ORD tht the discovery cutoff & pretrial conf dts may be changed only upon a stip of the parties & with the court's consent. (bp) (Entered: 02/07/1994)

01/24/1994 1213 OBJECTIONS to pla's request for status conf re trial plan; memo of p's & a's in supp. by defendant's Los Angeles County (bp) (Entered: 02/07/1994)

01/26/1994

1214

STIPULATION and ORDER continuing mot dft's mot for S/J. Purs to said stip, pla's opp will be due on 1/31/94 & dft's reply will be due on 2/7/94. by Judge Terry J. Hatter setting hearing on motion for summary judgment [1183−1] 2/14/94, setting hearing on motion for summary adjudication [1183−2] 2/14/94 (bp) (Entered: 02/07/1994)

01/31/1994 1215 STIPULATION and ORDER continuing dft's mot for sumjgm. by Judge Terry J. Hatter setting hearing on motion for summary judgment [1183−1] 10:00 2/14/94, setting hearing on motion for summary adjudication [1183−2] 10:00 2/14/94 (bp) (Entered: 02/07/1994)

01/31/1994 1216 NOTICE of document discrepancies; ntc of mot & mot to compel docs; written notice of mot lacking or timeliness of notice or service incorrect; The doc is to be fld & processed (bp) (Entered: 02/07/1994)

01/31/1994 1217 NOTICE OF MOTION AND MOTION by plaintiff's Darren Thomas to compel the depos of dft Deputy Sheriffs & req for financial sanctions decl of John C. Burton re non−cooperation of opposing party ; motion hearing set for 9:00 2/11/94 (bp) (Entered: 02/07/1994)

02/01/1994 1219 NOTICE OF MOTION AND MOTION by James S Muller & associated attorneys for to withdraw attorney of record for Ernesto Avila; p's & a's & decl of James S. Muller in supp ; motion hearing set for 10:00 2/28/94 (bp) (Entered: 02/18/1994)

02/03/1994

1218

NOTICE of association of cnsl Molly Munger of the firm of Fried, Frank, Harris, Shriver & Jacobson by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton, plaintiff Marrianne English, plaintiff Sergio Galindo, plaintiff Raul Gonzales, plaintiff Marcelo Gonzalez, plaintiff Richard Hernandez, plaintiff Jeffrey Holliman, plaintiff Socorro Huerta, plaintiff Eric Jones, plaintiff Sandra Leonard, plaintiff Candi Leonard, plaintiff Yidefonza Lorenzana, plaintiff Alfredo Maya, plaintiff Raul Maya, plaintiff Carlos Maya, plaintiff Marguerita Maya, plaintiff Ruben Maya, plaintiff Lupe Maya, plaintiff Natalie Melendrez, plaintiff George Mendibles, plaintiff Estella Montoya, plaintiff Raphael Ochoa, plaintiff Jose Ortega, plaintiff Delia Osita, plaintiff Patsy Perez, plaintiff Rita Preciado, plaintiff Teresa Rodriguez, plaintiff Sergio Sanchez, plaintiff Jose Sanchez, plaintiff Alfredo Sanchez, plaintiff Charles Scott, plaintiff Michael Sterling, plaintiff Kevin Marshall, plaintiff William Scott, plaintiff Alvin Washinton, plaintiff Danny Williams (bp) (Entered: 02/08/1994)

02/07/1994 1220 OPPOSITION by plaintiff Darren Thomas motion for summary adjudication of issues on the 26th cause of actn of pla Tracy Batts [1198−1] memo of p's & a's; decl's of Matthew Davis & Lester Thomas. (bp) (Entered: 02/18/1994)

02/07/1994 1221 STATEMENT of undisputed facts by plaintiff Darren Thomas, et al. (bp) (Entered: 02/18/1994)

02/09/1994 1222 OPPOSITION by Deputy defendants motion to compel the depos of dft Deputy Sheriffs & req for financial sanctions [1217−1] memo of p's & a's; decl of Carol Ann Humiston & Janet M. Richardson; exhibits. (bp) (Entered: 02/18/1994)

02/11/1994 1224 NOTICE OF MOTION AND MOTION by Deputy defendants for summary adjudication on the 14th cause of actn as to the arrest of plas Jesse Avila & Ernesto Avila ; motion hearing set for 10:00 3/7/94 (bp) (Entered: 02/18/1994)

02/11/1994

LODGED/PROPOSED Order, prop stmt of uncontroverted facts & conclusions of law (bp) (Entered: 02/18/1994)

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02/11/1994 1225 NOTICE OF MOTION AND MOTION by Deputy defendants for summary adjudication on the 12th cause of actn as to the arrest of pla Carlos Maya memo of p's & a's in supp; decl; exhibits; stmt of uncontroverted facts & conclusions of law; prop ord ; motion hearing set for 10:00 3/7/94 (bp) (Entered: 02/18/1994)

02/11/1994

LODGED/PROPOSED Order, stmt (bp) (Entered: 02/18/1994)

02/11/1994

1226

MINUTES: that the motion to compel the depos of dft Deputy Sheriffs & req for financial sanctions. Case called. Cnsl make their appearances. Crt hears argument & rules as follows; cnsl shall exchange lists of prospective deponents by day's end. cnsl shall meet & confer on 2/18/94 to sched depos. Pla shall have approximately 3 weeks in every month & dft's 1 week in every month to tkake depos. Crt's 7/9/93 ord shall remian in force. Double tracking of depos is not permitted, absent agreement or crt ord. mot is denied in all other respects [1217−1] by Judge Terry J. Hatter CR: none (bp) (Entered: 02/18/1994)

02/14/1994 1227 STIPULATION and ORDER Tht the County of Los Angeles shall have up to & including 3/11/94 to resp to the first request for admissions & first set of interrogatories propounded by pla Darren Thomas by Magistrate Judge Charles F. Eick (bp) (Entered: 02/18/1994)

02/14/1994

FINANCIAL ENTRY; receipt of check for $500.00 made payable to the clerk of court, from the law firm of Morris, Polich & Purdy. (bp) (Entered: 02/18/1994)

02/15/1994

1228

STIPULATION and ORDER Tht dft's County of Los Angeles, Sherman Block, Robert Edmonds, Jerry Harper, & Richard Foreman shall have up to & including 3/11/94 to resp to the first request for admissions & first set of interrogatories propounded by pla Darren Thomas by Magistrate Judge Charles F. Eick (bp) (Entered: 02/18/1994)

02/15/1994 1229 REPLY in support of mot for S/J on the 23rd cause of actn; memo of p's & a's; decl's of Carol Ann Humiston & Ed nordskog; exhibits by Deputy defendants re [1183−1] (bp) (Entered: 02/18/1994)

02/15/1994 1230 Evidentiary OBJECTIONS to declarations of Mathew Davis & Lester Thomas in opop to dft's mot for S/J on the 23rd cause of actn. by Deputy defendants (bp) (Entered: 02/18/1994)

02/16/1994

1231

JOINDER in dft Deputies mot for S/A of issues on the 14th cause of actn as to the validity of the arrest of pla Jesse Avila & Ernesto Avila, & in all supporting papers by defendant Los Angeles County, defendant LASD, defendant Lynwood City Of, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva re [1224−1] (bp) (Entered: 02/18/1994)

02/16/1994

1232

JOINDER in dft Deputies mot for S/A of issues on the 12th cause of actn as to the validity of the arrest of pla Carlos Maya, & in all supporting papers by defendant Los Angeles County, defendant LASD, defendant Lynwood City Of, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva, defendant Raymond Gott, defendant Art Herrera, defendant John Radeleff & Defendant Richard Castro re [1225−1] (bp) (Entered: 02/18/1994)

02/18/1994 1233 STIPULATION re: remaing issues, contentions & p's & a's (bp) (Entered: 02/22/1994)

02/22/1994

1235

MINUTES: vacating hearing re motion to compel prod of docs by pla Alvin Washington [1178−2], vacating hearing re motion to quash subp duces tecum & req for documents [1234−1] Any party may fl a supplemtnal memo on or bef 3/1/94. At tht ti, the crt will take the mot under submission w/o oral argument, unless the crt otherwise ords. See L.R. 7.11. Courtesy copies of all supplemental memo shall be delivered directly to room 342. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 02/24/1994)

02/22/1994 1236 OPPOSITION by plaintiff Darren Thomas motion for summary adjudication on the 12th cause of actn as to the arrest of pla Carlos Maya [1225−1], motion for summary adjudication on the 14th cause of actn as to the arrest of plas Jesse Avila & Ernesto Avila [1224−1] (bp) (Entered: 02/24/1994)

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02/22/1994

1238

MINUTES: Dft's ex parte application for ord clarifying &/or correcting crt ord of 2/11/94; Case called. Cnsl make their appearances. Court hears argument. The crt modifies &/or clarifies its 2/11/94 ord as follows; The 2/11/94 ord is amd pro nunc tunc to reflect Judge Eick's presence, rather than the presence of Judge King; depositions may be double tracked; The scheduling requirement & the one week three weeks allocation relate only to party deponents. The crt encourages cnsl to attempt to sched in advance the depos of non−parties, where feasible; Depositions tht are expected to alst less than one day can be sched to occur seriatim on the same day; The deposition of Deputy Nordskog should be icnluded in the scheduling of parties depositions, w/o prej to the dft's right to bring a mot for a protective ord in connection with issues (such as sanctions) tht might still be in dispute with regard to this deposition by Magistrate Judge Charles F. Eick CR: tape #655 (bp) (Entered: 03/02/1994)

02/23/1994 1237 DECLARATION of John C. Burton in support of pla's request for sanctions against defense counsel Morris, Polich & Purdy by plaintiff Darren Thomas, et al (bp) (Entered: 02/24/1994)

02/28/1994 1239 NOTICE of document disprecpancies; ex parte appl for ord clarifying or correct ord; no separate blue back ord; the doc is to be fld & processed. (bp) (Entered: 03/02/1994)

02/28/1994 1240 EX PARTE APPLICATION by defendant Los Angeles County for order clarifying &/or correcting court ord of 2/11/94 memo of p's & a's; decl of Carol Ann Humiston; exhibits in support ; motion hearing set for <date not set> (bp) (Entered: 03/02/1994)

02/28/1994 1241 SEPARATE STATEMENT of Disputed issues in opp to dft's mto for sumadj of issues on the validity of the arrests of Carlos Maya, Jesse Avila, & Ernesto Avila by plaintiff Darren Thomas, et al. (bp) (Entered: 03/02/1994)

02/28/1994 1242 REPLY in support of mot for sumadj as to the validity of the arrest of pla's Carlos Maya, Jesse Avila & Ernesto Avila; memo of p's & a's in support thereof; decl's; exhibits. by defendant Paul Archambault re [1225−1] (bp) (Entered: 03/02/1994)

03/02/1994 1243 MINUTES: taking under advisement on the motion to quash subp duces tecum & req for documents w/o oral argument [1234−1] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 03/03/1994)

03/04/1994 1244 OBJECTIONS to pla's late flng of separate stmt of disputed issues in opposition to dft's mot for S/A, & request to strike by defendant Paul Archambault to [1241−1] (bp) (Entered: 03/07/1994)

03/08/1994

1245

STIPULATION and ORDER Tht the crt's ord re: depo questions posed to pla Soccoro Huerta, as guardian ad litem for Fernando Martinez about her knowledge of his gang affiliation & activity, as well as her knowledge of the gang affiliation or activity of others, will be the same as the 2/26/93 ord. This stip is w/o prej to dft's right to object to the ord resulting frm this stip & pursue appropriate appellate remedies, & dft's expressly reserve such rights. Pla's explicitly acknowledge dft's reservation of such rights & consent. by Magistrate Judge Charles F. Eick (bp) (Entered: 03/11/1994)

03/10/1994 1246 EX PARTE APPLICATION by defendant Los Angeles County for order extending ti for discovery responses decl of Patrick T. Meyers; memo of p's & a's in support thereof; & exhibits ; motion hearing set for <date not set> (bp) (Entered: 03/11/1994)

03/10/1994

LODGED/PROPOSED Order (bp) (Entered: 03/11/1994)

03/10/1994 1247 STIPULATION and ORDER Tht the subject dft's shall have up to & including 3/31/94 to supplement their discovery responses purs to the crt ord of 1/12/94. Magistrate Judge Charles F. Eick (bp) (Entered: 03/14/1994)

03/11/1994 1249 ORDER Tht dft's County of Los Angeles, Sherman Block, Robert Edmonds, Jerry Harper & Richard Foreman shall have additional ti to & including April 5, 1994, to respond to pla Darren Thomas request for admissions & interrogatories. by Magistrate Judge Charles F. Eick (bp) (Entered: 03/16/1994)

03/14/1994 1248 NOTICE by defendant Thomas Zampiello of change of address of the firm of Overlander, Lewis & Russell. (bp) (Entered: 03/15/1994)

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03/17/1994

LODGED/PROPOSED Order for deposition of Tracey Batts in custodial/jail facility. (bp) (Entered: 03/21/1994)

03/17/1994 1251 ORDER Tht pla Jose Ortega be produced for deposition to commence at 9:30 am. on 4/13/94, at California Correctional Institute, Tehachapi, by Magistrate Judge Charles F. Eick (bp) (Entered: 03/24/1994)

03/21/1994

1250

STIPULATION and ORDER tht the crt's ord re: deposition questions posed to pla Fernando Martinez about his gang affiliation & activity, as well as his knowledge of the gang affiliation or activity of others, will be the same as the 2/26/93 ord. this stip is w/o prej to dft's right to object to the ord resulting frm this stip & purse appropriate appellate remedies, & dft's expressly reserve such rights. Pla's explicitly acknowledge dft's reservation of such rights & consent thereto. by Magistrate Judge Charles F. Eick (bp) (Entered: 03/23/1994)

03/24/1994 1252 STIPULATION and ORDER Tht dft's County & LASD shall have up to & including 4/7/94 to respond to the first sets of requests for admissions propounded by pla Elzie Coleman. by Magistrate Judge Charles F. Eick (bp) (Entered: 03/28/1994)

03/28/1994

1253

NOTICE OF MOTION AND MOTION to compel fur responses by pla Fernando Martinez to dft Delgadillo's 1st set of interrogatories, or in the alt, for issue, monetary & evidentiary sanctions; req for sanctions against pla's & pla's cnsl; memo of p's & a's in support thereof; decl of non−cooperation of cnsl Zahava Stroud; exhibits ; motion hearing set for 9:00 4/22/94 (bp) (Entered: 03/29/1994)

03/29/1994 1255 STIPULATION and ORDER by Magistrate Judge Charles F. Eick, dfts shall have up to and including April 14, 1994 to suppl their discov resp pursuant to Crt Ord of Jan. 12, 1994. (suz) (Entered: 04/06/1994)

03/31/1994 1254 NOTICE OF MOTION AND MOTION to dismiss cmp of Ernesto Avila ; motion hearing set for 10:00 4/25/94; request for sanctions; memo of p's & a's in support thereof; declarations; exhibits; submitted by defendants (bp) (Entered: 04/04/1994)

04/01/1994 1256 STIPULATION and ORDER by Magistrate Judge Charles F. Eick dfts Cty, LASD, Block, Lts. Radeleff and Castro shall have up to and including May 2, 1994 to resp to the written discov propounded by pltfs Jesse Melendrez, Ruben Calderon & Fernando Martinez. (suz) (Entered: 04/06/1994)

04/01/1994 1257 STIPULATION and ORDER tht dft's County, LASD & Block shall have up to & including 5/2/94 to resp to the foregoing written discovery propounded by pla's Tracy Batts & Richard Hernandez by Magistrate Judge Charles F. Eick (bp) (Entered: 04/06/1994)

04/06/1994

1258

STIPULATION extending time to resp to discov; and ORDER by Magistrate Judge Charles F. Eick dfts Cty of LA, Sherman Block, Robert Edmonds, Jerry Harper, and Richard Forman shall have up to April 11, 1994 to resp to the 1st req for admissions and 1st set of interrog propounded by pltf Darren Thomas. (suz) (Entered: 04/08/1994)

04/08/1994 1259 NOTICE Tht a proceeding in this case has been set for the place dt, & ti set forth below dft's mot to compel fur responses set on 4/22/94, at 9:00 am. (bp) (Entered: 05/03/1994)

04/12/1994 1260 NOTICE OF WITHDRAWAL by defendants withdrawing motion to compel fur responses by pla Fernando Martinez [1253−1] (bp) (Entered: 05/03/1994)

04/12/1994

1261

STIPULATION and ORDER Tht dft's County of Los Angeles, Sherman Block, Robert Edmonds, Jerry Harper, & Richard Foreman shall have up to & including 4/13/94 to resp to the first request for admissions & first set of interrogatories propounded by pla Darren Thomas. by Magistrate Judge Charles F. Eick (bp) (Entered: 05/03/1994)

04/14/1994 1264 NOTICE OF MOTION AND MOTION to compel the depo of David Lynn & for compliance with crt's ord of 9/23/94 & req for reasonable attorneys fees & sanctions against David Lynn & His cnsl; decl's of Carol ann Humiston & Beth Kahn ; motion hearing set for 9:00 4/29/94 (bp) (Entered: 05/03/1994)

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04/14/1994 1265 EX PARTE APPLICATION by defendant Los Angeles County for order extending ti for supplementing discover responses purs to crt ord of 1/12/94; decl of Patrick T. Meyers; memo of p's & a's in support ; motion hearing set for <date not set> (bp) (Entered: 05/03/1994)

04/15/1994

1262

ORDER tht dft's County of Los Angeles, Sherman Block & Los Angeles County Sheriff's Department shall have additional ti to & including 4/25/94, to supplement discovery responses purs to the crt ord of 1/12/94. Absetn truly extraordinary circumstances, no furthe request for extension will be considered. by Magistrate Judge Charles F. Eick granting motion for order extending ti for discovery responses [1246−1] (bp) (Entered: 05/03/1994)

04/15/1994 1263 PROOF OF SERVICE by defendant Los Angeles County of ex parte appl for ord extending ti for supplementing discovery appl for ord extending ti; the following party was svd by personal svc on 4/14/94, James S. Muller. (bp) (Entered: 05/03/1994)

04/15/1994

1266

MINUTES: vacating hearing re motion to compel the depo of David Lynn [1264−1] Any party may fl a supplemental memo on or bef 4/26/94. At tht ti, the crt will take the mot under submission without oral argument, unless the crt otherwise ords. See L.R. 7.11. Courtesy copies of all supplemental memo shall be delivered directly to room 342. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 05/03/1994)

04/18/1994 1267 DECLARATION of James S. Muller in opposition to dft's ex parte appl for an ord extending ti for supplemental discovery responses purs to crt ord of 1/12/94. re [1265−1] (bp) (Entered: 05/03/1994)

04/19/1994 1268 NOTICE OF MOTION AND MOTION by plantiffs to determine sufficiency of obj's & to compel fur responses to requests for admissions & for sanctions; decl of cnsl ; motion hearing set for 9:00 5/6/94 (bp) (Entered: 05/03/1994)

04/21/1994 1269 NOTICE OF MOTION AND MOTION by defendants to compel further responses by pla Fernando Martinez ; motion hearing set for 9:00 5/6/94 (bp) (Entered: 05/03/1994)

04/22/1994 1270 NOTICE of hearing re−setting hearing on motion to compel further responses by pla Fernando Martinez cont'd to [1269−1] 9:00 5/13/94 (bp) (Entered: 05/03/1994)

04/22/1994 1271 NOTICE of hearing re−setting hearing on motion to determine sufficiency of obj's & to compel fur responses cont'd to [1268−1] 9:00 5/13/94 (bp) (Entered: 05/03/1994)

04/25/1994 1272 NOTICE of document discrepancies ntc of mot to compel; the document is to be fld & processed. (bp) (Entered: 05/03/1994)

04/25/1994 1273 NOTICE OF MOTION AND MOTION by defendants to compel further responses to depo questions posed to pla Fernando Mmartinez & req for reasonable attorneys fees as sanctions; dft's contentions; pla's contentions; exhibits ; motion hearing set for 9:00 5/6/94 (bp) (Entered: 05/03/1994)

04/25/1994 1274 NOTICE OF MOTION AND MOTION for summary judgment in favor of Sgt. Robert L. Dillard memo of p's & a's in suppr; decl of Janet M. Richardson; exhibits ; motion hearing set for 10:00 5/16/94 (bp) (Entered: 05/03/1994)

04/25/1994

1275

MINUTES: vacating hearing re motion to compel further responses to depo questions posed to dft Fernando Martinez [1273−1] any party may fl a suppl memo onor bef 5/3/94. At tht ti, the crt will take the mot under submission w/o oral argument, unless the crt otherwise ords. See L.R. 7.11. courtesy copies of all supplemental memo shall be deliverd directly to room 342. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 05/03/1994)

04/26/1994 1277 SUPPLEMENTAL Memo in opposition to mot to compel immediate depo of non−party David Lynn re motion to compel the depo of David Lynn [1264−1] (bp) (Entered: 05/03/1994)

04/27/1994 1276 MINUTES: denying motion to compel the depo of David Lynn request for reasonable attorneys fees & sanctions against David Lynn & his cnsl[1264−1] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 05/03/1994)

04/28/1994 1278 EX PARTE APPLICATION by defendant Los Angeles County to extend ti in which to submit dft's contentions opp to pla's ex parte appl for ord shortening ti to notice hrng; decl of Roger H. Granbo; memo of p's & a's in support thereof & exhibits ;

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 41 of 87

motion hearing set for <date not set> (bp) (Entered: 05/03/1994)

04/28/1994 1279 OPPOSITION by pla's to dft Los Angeles County's ex parte application; ex parte application for shortening of time; decl of Robert Bastian (bp) (Entered: 05/03/1994)

04/28/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 05/03/1994)

04/29/1994

1280

MINUTES: The crt has read & considered all papers fld in connection with dft's ex parte for a two−day ext of ti & pla's Elzie Coleman's ex parte for shortening ti. The crt has taken the applications under submission without oral argument. taking under advisement on the motion to extend ti in which to submit dft's contentions [1278−1] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 05/10/1994)

05/03/1994 1281 SUPPLEMENTAL memo re defendants by Fernando M Martinez re motion to compel further responses to depo questions [1273−1] (bp) (Entered: 05/10/1994)

05/06/1994 1282 EX PARTE APPLICATION by plaintiff Elzie Coleman for order shortening ti ; motion hearing set for <date not set> (bp) (Entered: 05/10/1994)

05/06/1994 1283 NOTICE OF MOTION AND MOTION by plantiff's to compel deposition of John Mossotti & request for sanctions; joint stip of the parties ; motion hearing set for 9:00 6/3/94 (bp) (Entered: 05/10/1994)

05/06/1994 1284 NOTICE OF MOTION AND MOTION by plantiff's to determine sufficiency of obj & to compel fur responses to requests for admissions & for sanctions; decl of cnsl ; motion hearing set for 9:00 5/13/94 (bp) (Entered: 05/10/1994)

05/06/1994

1287

MINUTES: taking under advisement on the motion to compel deposition of John Mossotti & request for sanctions [1283−1] Any party may fl a suppl memo on or bef 5/17/94. At tht ti, the crt will take the mot under submission w/o oral argument, unless the crt otherwise ords. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 05/24/1994)

05/09/1994 1285 DECLARATION of Patrick T. Meyers, Roger H. Granbo, Marie Cobarrubias & Gary Brumburgh to pla's ex part appl for shortening ti re [1282−1] (bp) (Entered: 05/10/1994)

05/09/1994 1286 OPPOSITION motion to compel further responses, etc. [1283−1] by Fernando Martinez (bp) (Entered: 05/10/1994)

05/10/1994 1288 NOTICE of document discrepancies dft's ntc of mot to compel depo; dt not available on crt/cal; the document is to be fld & processed. (bp) (Entered: 05/24/1994)

05/10/1994 1289 NOTICE OF MOTION AND MOTION by defendants to compel , for sanctions memo of p's & a's; decl of non−cooperation of Dean Olson; exhibits ; motion hearing set for 9:00 5/20/94 (bp) (Entered: 05/24/1994)

05/10/1994 1290 SUPPLEMENTAL memo of p's & a's in opp to pla Elzie Coleman's mot for fur discovery re his req for Patrick T. Meyers & Roger Granbo; & exhibit in support (bp) (Entered: 05/24/1994)

05/10/1994 1291 DECLARATION of Robert Bastian & Brenda Garrett in resp to dft's opp to ex parte relief re: pla Elzie Coleman's mot to compel req for admissions (bp) (Entered: 05/24/1994)

05/10/1994 1292 MINUTES: denying motion to determine sufficiency of obj without prejudice [1284−1] by Magistrate Judge Charles F. Eick CR: none' (bp) (Entered: 05/24/1994)

05/10/1994 1293 MINUTES: denying motion for order shortening ti [1282−1] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 05/24/1994)

05/11/1994 1294 OPPOSITION by defendant Juan Alvarado motion to determine sufficiency of obj's & to compel fur responses [1268−1] memo of p's & a's; exhibits; decl of Dean Olson; decl of Carol Ann Humiston (bp) (Entered: 05/24/1994)

05/11/1994 1295 MINUTES: denying motion to compel further responses to depo questions without prejudice [1273−1] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 05/24/1994)

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05/12/1994 1296 NOTICE OF WITHDRAWAL by defendant Juan Alvarado withdrawing motion to compel further responses by pla Fernando Martinez [1269−1] (bp) (Entered: 05/24/1994)

05/13/1994 1297 AMENDED notice of mot & mot to determine sufficiency of obj's & to compel fur responses to requests for admissions & for sanctions; decl of cnslby plaintiff Darren Thomas to [1284−1] (bp) (Entered: 05/24/1994)

05/13/1994 1298 NOTICE continuin the hearing setting hearing on motion to compel the depo of Kevin Marshal [1289−1] 9:00 5/23/94 (bp) (Entered: 05/24/1994)

05/16/1994 1299 NOTICE of non−opposition to mot for sumjgm of Deputy Sheriff Sgt. Robert L. Dillard by plaintiff Darren Thomas (bp) (Entered: 05/24/1994)

05/17/1994 1300 OPPOSITION by plaintiff Darren Thomas motion to compel depo of Kevin Marshall [1289−1] (bp) (Entered: 05/24/1994)

05/17/1994 1301 SUPPLEMENTAL memo in support of mot to compel depo of John Mossotti & req for sanctions by plaintiff Darren Thomas (bp) (Entered: 05/24/1994)

05/18/1994 1302 NOTICE of continuance of mot by plaintiff Darren Thomas of hearing setting hearing on motion to determine sufficiency of obj [1284−1] 9:00 6/3/94 (bp) (Entered: 05/24/1994)

05/18/1994 1304 SUPPLEMENTAL Memo of p's & a's in support of dft's mot to compel depo of pla Kevin Marshall; Decl of Carol Ann Humiston; exhibits by defendant Juan Alvarado re motion to compel [1289−1] (bp) (Entered: 05/24/1994)

05/18/1994

1305

MINUTES: The crt has read & considered all papers fld in support of & in opposition to pla's mot to compel depo of John Mossotti, etc. ("the mot") fld 5/6/94. the crt has taken the mot under sumission without oral argument. Dft John Mossotti shall submit to a depo in the offices of Manes & Watson prior to 5/31/94. Except as expressly stated herein, the ot is denied. by Magistrate Judge Charles F. Eick (bp) (Entered: 05/31/1994)

05/19/1994

1310

SUPPLEMENT by defendant Juan Alvarado, defendant Charles Barton, defendant Timothy E Benson, defendant Gary Blackwell, defendant Steve Blair, defendant Robert Blume, defendant Unknown Brandenburg, defendant C Brantley, defendant Timothy Broad, defendant Katherine Brown−Voyer, defendant T Brownell, defendant Richard Calzada, defendant Scott Carter, defendant Richard L Castro, defendant John Chapman, defendant Javier Clift, defendant John NMI Corina, defendant Daniel Cooper, defendant Danielle Cormier, defendant Unknown Costleigh, defendant Frustino Delvalle, defendant Unknown Devine, defendant Robert Dillard, defendant Craig Ditsch, defendant Stephen Downey, defendant Raymond Esquerra, defendant Lance Fralick, defendant Ronald E Gilbert, defendant Unknown Giron, defendant Neils Gittisarn, defendant Timothy Glover, defendant Curtis Golden, defendant Frank NMI Gonzales, defendant Kevin Goran, defendant Raymond Gott, defendant Ruben Gracia, defendant Albert Grotefend, defendant Joseph NMI Guzman, defendant Allen Harris, defendant Tommy Harris, defendant T J Harvey, defendant A Herrera, defendant Unknown Holbrook, defendant Joseph Holmes, defendant Eric Hubner, defendant Dale Huffman, defendant Kevin J Kiff, defendant Loy Luna, defendant Allyn Lawrence Martin, defendant Scott Lee McCormick, defendant Abel A Moreno, defendant Jack Neihouse, defendant Unknown Nelson, defendant Unknown Nunez, defendant Rodolfo O'Dell, defendant Unknown O'Hara, defendant Richard Orosco, defendant James Pacina, defendant Andre Pinesett, defendant Unknown Radeleff, defendant Jack Ramirez, defendant Jerold Reeves, defendant R A Reed, defendant Michael NMI Reynolds, defendant Unknown Rifkin, defendant Allen NMI Ripley, defendant Martin Rodriguez, defendant William Roman, defendant T Running, defendant Michael Salvatore, defendant Michael Schneider, defendant Larry Shultz, defendant Samuel Silva, defendant M Sparks, defendant Brian NMI Steinwand, defendant Jack Tarasiuk, defendant Gerald Richard Thompson, defendant Greg Thurman, defendant Patrick Valdez, defendant Michael Voge, defendant Byron G Wainie, defendant K Wall, defendant Todd Lawrence Wallace, defendant John A West, defendant James Whitten, defendant Michael NMI Wilber, defendant Robert Windrim, defendant Chris James Young re motion opposition [1294−1] (lisp) (Entered: 06/08/1994)

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05/19/1994 1311 NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Charles F. Eick Suppl opp is to be fld (lisp) (Entered: 06/08/1994)

05/20/1994

1303

NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to compel Karol Heppe & Police misconduct to comply with supb duces tecum & ans depo questions, or in the alt, for a more presclusion/protective ord; req for attorneys fees & costs against Karol Heppe, PMLRS, & cnsl Thomas E. Beck: memo of p's & a's; decl of non−cooperation of Carol Ann Humiston; exhibits. ; motion hearing set for 9:00 6/10/94 (bp) (Entered: 05/24/1994)

05/23/1994 1306 SUPPLEMENTAL memo of p's & a's in opposition to pla Elzie Coleman's amended mot for fur discovery re his request for admissions; decl of Patrick T. Meyers & exhibits in support thereof. by defendant Los Angeles County (bp) (Entered: 05/31/1994)

05/23/1994 1307 NOTICE OF MOTION AND MOTION by plaintiff Darren Thomas for establishment of settlement procedure memo of p's & a's ; motion hearing set for 9:30 6/13/94 (bp) (Entered: 05/31/1994)

05/23/1994 1312 NOTICE by plaintiff of change of address (lisp) (Entered: 06/08/1994)

05/27/1994 1308 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado et al. to dismiss the cmp of pla Salvador Preciado purs to Judge Hatter's ord of 12/2/94, & for failure to appear at depo purs to Mag Judge Eick's ord of 3/31/93; memo of p's & a's; decl; exhibits. ; motion hearing set for 10:00 6/20/94 (bp) (Entered: 06/01/1994)

05/27/1994

1318

NOTICE OF MOTION AND MOTION by blank (space) Deputy defendants to compel pla Candi &/or Sandi Leonard to provide a signed authorization for release of William Leonard's psychiatrict/drug treatment records , or in the alt for order authorizing subpoena of the records to the crt ; motion hearing set for 9:00 6/10/94 (lisp) (Entered: 06/08/1994)

06/01/1994 1314 OPPOSITION by defendant Los Angeles County, defendant Lynwood City Of, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva motion for establishment of settlement procedure [1307−1] (lisp) (Entered: 06/08/1994)

06/01/1994 1320 NOTICE OF MOTION AND MOTION by plaintiff Darren Thomas to compel deposition of Michael Pippin & request for sanctions decl of noncooperation & exhibits ; motion hearing set for 9:00 6/17/94 (bp) (Entered: 06/11/1994)

06/02/1994 1309 NOTICE of hearing setting hearing on motion to compel Karol Heppe & Police misconduct to comply [1303−1] 9:00 6/10/94 (cc: all counsel) (lisp) (Entered: 06/08/1994)

06/02/1994

1313

JOINDER in defendant's response & obj to pla mtn for establishment of settlement procedure by defendant Juan Alvarado, defendant Charles Barton, defendant Timothy E Benson, defendant Gary Blackwell, defendant Steve Blair, defendant Robert Blume, defendant Unknown Brandenburg, defendant C Brantley, defendant Timothy Broad, defendant Katherine Brown−Voyer, defendant T Brownell, defendant Richard Calzada, defendant Scott Carter, defendant Richard L Castro, defendant John Chapman, defendant Javier Clift, defendant John NMI Corina, defendant Daniel Cooper, defendant Danielle Cormier, defendant Unknown Costleigh, defendant Frustino Delvalle, defendant Unknown Devine, defendant Robert Dillard, defendant Craig Ditsch, defendant Stephen Downey, defendant Raymond Esquerra, defendant Lance Fralick, defendant Ronald E Gilbert, defendant Unknown Giron, defendant Neils Gittisarn, defendant Timothy Glover, defendant Curtis Golden, defendant Frank NMI Gonzales, defendant Kevin Goran, defendant Raymond Gott, defendant Ruben Gracia, defendant Albert Grotefend, defendant Joseph NMI Guzman, defendant Allen Harris, defendant Tommy Harris, defendant T J Harvey, defendant A Herrera, defendant Unknown Holbrook, defendant Joseph Holmes, defendant Eric Hubner, defendant Dale Huffman, defendant Kevin J Kiff, defendant Loy Luna, defendant Allyn Lawrence Martin, defendant Scott Lee McCormick, defendant Abel A Moreno, defendant Jack Neihouse, defendant Unknown Nelson, defendant Unknown Nunez, defendant Rodolfo O'Dell, defendant Unknown O'Hara, defendant Richard Orosco, defendant James Pacina, defendant Andre Pinesett, defendant Unknown Radeleff, defendant Jack Ramirez, defendant Jerold Reeves, defendant R A Reed, defendant Michael NMI Reynolds, defendant Unknown Rifkin, defendant Allen NMI Ripley,

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defendant Martin Rodriguez, defendant William Roman, defendant T Running, defendant Michael Salvatore, defendant Michael Schneider, defendant Larry Shultz, defendant Samuel Silva, defendant M Sparks, defendant Brian NMI Steinwand, defendant Jack Tarasiuk, defendant Gerald Richard Thompson, defendant Greg Thurman, defendant Patrick Valdez, defendant Michael Voge, defendant Byron G Wainie, defendant K Wall, defendant Todd Lawrence Wallace, defendant John A West, defendant James Whitten, defendant Michael NMI Wilber, defendant Robert Windrim, defendant Chris James Young (lisp) (Entered: 06/08/1994)

06/03/1994

1315

NOTICE OF MOTION AND MOTION by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton, plaintiff Marrianne English, plaintiff Sergio Galindo, plaintiff Raul Gonzales, plaintiff Marcelo Gonzalez, plaintiff Richard Hernandez, plaintiff Jeffrey Holliman, plaintiff Socorro Huerta, plaintiff Eric Jones, plaintiff Sandra Leonard, plaintiff Candi Leonard, plaintiff Yidefonza Lorenzana, plaintiff Alfredo Maya, plaintiff Raul Maya, plaintiff Carlos Maya, plaintiff Marguerita Maya, plaintiff Ruben Maya, plaintiff Lupe Maya, plaintiff Natalie Melendrez, plaintiff George Mendibles, plaintiff Estella Montoya, plaintiff Raphael Ochoa, plaintiff Jose Ortega, plaintiff Delia Osita, plaintiff Patsy Perez, plaintiff Rita Preciado, plaintiff Teresa Rodriguez, plaintiff Sergio Sanchez, plaintiff Jose Sanchez, plaintiff Alfredo Sanchez, plaintiff Charles Scott, plaintiff Michael Sterling, plaintiff Kevin Marshall, plaintiff William Scott, plaintiff Alvin Washinton, plaintiff Danny Williams to compel depo of Michael Pippin ; motion hearing set for 9:00 6/17/94 (lisp) (Entered: 06/08/1994)

06/03/1994 1316 NOTICE OF MOTION AND MOTION by plaintiff to compel depo of Andre Pinesett ; motion hearing set for 9:00 6/17/94 (lisp) (Entered: 06/08/1994)

06/03/1994 1317 MINUTES: vacating hearing re motion to compel depo of Andre Pinesett [1316−1] by Magistrate Judge Charles F. Eick (cc: all counsel) (lisp) (Entered: 06/08/1994)

06/07/1994 1319 OPPOSITION motion to compel Karol Heppe & Police misconduct to comply [1303−1] (lisp) (Entered: 06/08/1994)

06/07/1994

1321

MINUTES: The crt has read & considered all papers fld in support of & in opp to pla's mot to determine sufficiency of obj's & to compel fur responses to requests for admissions fld 4/19/94. The crt heard oral argument on 6/3/94. Within twenty days of the dt of this ord, dft Paul Archambault shall srv fur responses to pla's requests for admissions, set one, Nos. 5,7,10,11,12,13,15,18,19,20,21,23,24,25,28,30,45,47,48,49,5 0 ,51,54,55,57,58,59,61,66,67,68,69,72,73,74,76,77,78,&79. Except as expressly stated herein, the mot is denied. denying motion to determine sufficiency of obj's to compel fur responses [1268−1] by Magistrate Judge Charles F. Eick CR: n (bp) (Entered: 06/11/1994)

06/07/1994

1322

MINUTES: The crt has read & considered all papers fld in support of & in opp to pla's mot to determine sufficiency of objections & to compel fur responses to requests for admissions fld 5/13/94. The crt heard oral argument on 6/3/94. Within twenty days of the dt of this ord, dft's County of Los Angeles & County Sheriff's department shall srv fur responses to pla's request for admissions, set one, nos. 3,5,6,7,8,9,27,33,37,39,40,52,54,55,64,65,66,67 & 68. Except as expressly stated herein, the mot is denied. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 06/11/1994)

06/08/1994 1324 NOTICE OF MOTION AND MOTION by defendants to compel pla Elzie Coleman to appear for independent medical examinations memo of p's & a's: decl of non−cooperation of Zahava Stroud: exhibits ; motion hearing set for 9:00 6/24/94 (bp) (Entered: 06/11/1994)

06/08/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 06/11/1994)

06/08/1994 1332 MINUTES: Continuing mot to compel setting hearing on motion to compel pla Candi &/or Sandi Leonard to provide a signed authorization for release of William Leonard's psychiatrict/drug treatment records [1318−1] 9:00 6/24/94 by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 06/13/1994)

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06/09/1994 1323 NOTICE OF MOTION AND MOTION by Arthur L. Goldberg & associated attorneys for for pla Salvador Preciado to withdraw attorney ; motion hearing set for <date not set> (bp) (Entered: 06/11/1994)

06/09/1994 1325 NOTICE of hearing setting hearing on motion to compel depo of Michael Pippin [1315−1] 9:00 6/17/94 (bp) (Entered: 06/11/1994)

06/09/1994 1326 NOTICE OF MOTION AND MOTION by defendants to compel Karol Heppe to comply with subp duces tecum ; motion hearing set for 9:00 6/24/94 (bp) (Entered: 06/11/1994)

06/09/1994 1327 NOTICE OF WITHDRAWAL withdrawing motion to compel Karol Heppe to comply with subp duces tecum [1326−1] (bp) (Entered: 06/11/1994)

06/09/1994 1328 NOTICE of continuance of mot to compel pla's Candi &/or Sandi Leonard to provide a signed authorization for release of William Leonard's psychiatric/drug treatment records, or in the alt, for an ord authorizing subp of the records to the crt. by defendants (bp) (Entered: 06/11/1994)

06/10/1994 1329 AMENDED notice of mot by Arthur L. Goldberg & associated attorneys for leave to withdraw as attorneys of record for pla Salvador Preciado to [1323−1] (bp) (Entered: 06/11/1994)

06/10/1994 1330 NOTICE OF MOTION AND MOTION by plaintiff Darren Thomas to determine the sufficiency of ans or objs to req for amdission & to compel ans ; motion hearing set for 9:00 6/24/94 (bp) (Entered: 06/11/1994)

06/10/1994 1331 JOINT STIPULATION re pla's mot to determine the sufficiency of answers or obj's to requests for admissions & to compel answers to related interrogatories: decl of Carol Watson & Patrick T. Meyers (bp) (Entered: 06/11/1994)

06/10/1994

1333

STIPULATION re: ntc of mot to compel further responses by pla's Darren Thomas, Michael Sterling, Kevin Marshall, William Scott & Jesse Melendrez to dft's first request for production of documents: request for sanctions: memo of p's & a's in support thereof: decl of Martha A. Shen: exhibits. by defendants (bp) (Entered: 06/14/1994)

06/13/1994 1334 NOTICE OF MOTION AND MOTION to compel Elzie Coleman to appear ; motion hearing set for 9:00 6/24/94 (bp) (Entered: 06/17/1994)

06/13/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 06/17/1994)

06/13/1994 1335 NOTICE OF WITHDRAWAL withdrawing motion to compel Elzie Coleman to appear [1334−1] (bp) (Entered: 06/17/1994)

06/13/1994 1336 NOTICE OF MOTION AND MOTION to compel further responses posed to Fernando Martinez ; motion hearing set for 9:00 6/24/94 (bp) (Entered: 06/17/1994)

06/13/1994

1337

MINUTES: The crt is in receipt of dft's mot to compel fur responses by pla Darren Thomas, Michael Sterling, Kevin Marshall, William Scott & Jesse Melendrez to dft's 1st req for prod of docs, etc. fld 6/10/94. The previously ntc'd 6/24/94 hrng dt is vacated. Any party may fl a supplemental memo on or bef 6/21/94. At tht ti, the crt will take the mot under sumission w/o oral argument, unless the crt otherwise ords. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 06/17/1994)

06/13/1994

1338

MINUTES: Ddt's mot to compel fur responses to depo questions posed to pla Fernando Martinez lodged 6/10/94, is ord fld, The previously ntc'd 6/24/94 hrng dt is vacated. Any party tht ti, the crt will take the mot under submission w/o oral argument, unless the crt otherwise ords. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 06/17/1994)

06/14/1994 1339 Original DECLARATION of non−cooperation by defendants of Zahava Stroud (bp) (Entered: 06/17/1994)

06/14/1994 1340 MINUTES: vacating [1330−1] motion to determine the sufficiency of ans or objs to req for amdission & to compel ans; any party may fi suppl memo on or befr 6/21/94; At tht ti the crt will tk the mot under submission w/out oral argument by Magistrate Judge Charles F. Eick CR: n/a (bg) (Entered: 06/20/1994)

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06/15/1994 1341 MINUTES: Except as expressly stated herein denying motion to compel depo of Andre Pinesett [1316−1] Andre Pinesett shall appear for depo on 6/20/94; dfts' reqst for sanctions is also denied by Magistrate Judge Charles F. Eick CR: n/a (bg) (Entered: 06/20/1994)

06/15/1994 1342 NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Charles F. Eick ntc of mot to compel REJECTED & RETND TO CNSL (signature of atty missing) (bg) (Entered: 06/20/1994)

06/15/1994 1351 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to compel Tracy Batts to appear memo of p's & a's ; motion hearing set for 9:00 7/1/94 (bp) (Entered: 06/30/1994)

06/16/1994 1391 RULE 7.15.1 CONTENTIONS & OPPOSITION to motion to copel Karol Heppe motion to compel Karol Heppe & Police misconduct to comply [1303−1] (bp) (Entered: 08/16/1994)

06/17/1994

1393

MINUTES: Case called. Counsel make their appearances. The crt hears argument. It is ORD tht Sergeant Pippin shall answer the subject questions & reasonable follow−up questions. Both parties requests for costs are denied. granting motion to compel depo of Michael Pippin [1315−1] by Magistrate Judge Charles F. Eick (bp) (Entered: 08/16/1994)

06/20/1994 1343 OPPOSITION to by defendant Juan Alvarado motion to withdraw attorney [1323−1] (bp) (Entered: 06/29/1994)

06/20/1994 1394 OPPOSITION to dft's motion to compel plaintiff Elzie Coleman to appear for indepenant Medical examinations; decl of Gary S. Casselman; memo of p's & a's by plaintiff Darren Thomas (bp) (Entered: 08/16/1994)

06/21/1994 1344 SUPPLEMENTAL memo in support of dft's mot to compel furhter responses by pla's, Darren Thomas, Michael Sterling, Kevin Marshall, William Scott, & Jesse Melendrez to dft's first request for production of documents by defendant Juan Alvarado (bp) (Entered: 06/29/1994)

06/21/1994 1345 REPLY in support of mot to compel pla Elzie Coleman to appear for independent medical examinations: memo of p's & a's; decl of Zahava Stroud. by defendant Juan Alvarado re [1324−1] (bp) (Entered: 06/29/1994)

06/21/1994 1346 SUPPLEMENTAL declaration of Carol Ann Humiston in support of mot to compel Karol Heppe & Police misconduct lawyers referral service to comply with subpoena duces tecum & answer deposition questions. by defendant Juan Alvarado (bp) (Entered: 06/29/1994)

06/21/1994 1347 SUPPLEMENTAL memo re dft's mot to compel further responses to deposition questions by plaintiff Darren Thomas (bp) (Entered: 06/29/1994)

06/21/1994 1396 STIPULATION and ORDER tht the Hon. Harry L. Hupp may srv as settlement judge herein purs to L.R. 23: tht the settlement conf bef Judge Hupp may be held 7/15/94. And tht pla's mot for establishment of settlement procedure purs to L.R. 23 may be withdrawn by Judge Terry J. Hatter (bp) (Entered: 08/16/1994)

06/21/1994 1397 SUPPLEMENTAL memo in opposition to dft's mot to compel fur responses by pla's Darren Thomas, Micahel Sterling, Kevin Marshall, William Scott & Jesse Melendrez for production of documents by plaintiff Darren Thomas (bp) (Entered: 08/16/1994)

06/21/1994 1398 SUPPLEMENTAL memo of p's & a's in opposition to pla Darren Thomas's motion for further discovery re his requests for admissions & related interrogatories; declaration of Patrick T. Meyers & exhibits in support by defendant Los Angeles County (bp) (Entered: 08/16/1994)

06/22/1994 1348 OBJECTIONS to application for ex parte ord shortening ti by plaintiff Darren Thomas (bp) (Entered: 06/29/1994)

06/22/1994 1349 EX PARTE APPLICATION by defendant Juan Alvarado for order shortening ti to hear dft's mot to comel pla Darren Thomas to attend independent medical examination ; motion hearing set for <date not set> (bp) (Entered: 06/29/1994)

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06/22/1994 1350 DECLARATION of Corrine L. Grubb in support of ord shortening ti by defendant Juan Alvarado re [1349−1] (bp) (Entered: 06/29/1994)

06/22/1994 1352 JOINDER in mot to compel Karol Heppe & Police Misconduct sbpoena duces tecum by defendant Los Angeles County re [1326−1] (bp) (Entered: 06/30/1994)

06/22/1994 1353 MINUTES: denying motion for order shortening ti to hear dft's mot to comel pla Darren Thomas to attend independent medical examination [1349−1] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 06/30/1994)

06/22/1994 1361 STIPULATION re: notc of mot to compel Darren Thomas to appear for an independent medical examination: joint stip of the parties: decl of Corrine L. Grubb; exhibits (bp) (Entered: 07/26/1994)

06/23/1994 1354 JOINT STIPULATION re pla's mot to compel compliance with crt ord: request for evidentiary & monetary sanctions (bp) (Entered: 06/30/1994)

06/23/1994 1355 NOTICE OF MOTION AND MOTION by plaintiff Darren Thomas to compel compliance with crt ord request for evidentiary & monetary sanctions ; motion hearing set for 9:00 7/8/94 (bp) (Entered: 06/30/1994)

06/23/1994 1399 MINUTES: denying motion to compel further responses posed to Fernando Martinez [1336−1] All parties requests for sanctions are denied. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 08/16/1994)

06/24/1994

1356

MINUTES: taking under advisement on the motion to compel Karol Heppe to comply with subp duces tecum [1326−1], granting motion to compel pla Elzie Coleman to appear for independent medical examinations [1324−1], setting hearing on motion to compel pla Candi &/or Sandi Leonard to provide a signed authorization for release of William Leonard's psychiatrict/drug treatment records [1318−1] 9:00 7/1/94 by Magistrate Judge Charles F. Eick CR: tape 693 (cc: all counsel) (bp) (Entered: 06/30/1994)

06/24/1994

1400

ORDER by Magistrate Judge Charles F. Eick granting motion to compel Elzie Coleman to appear [1334−1] tht Pla submit to an orthopedic examination by Dr. Mark Stern in his office on 6/29/94, at 9:30 am. Pla submit to a psychiatric & psychological exaination with Dr. Alan Enelow, M.D. & Dr Arnold Herrera, Ph.D on 6/28/94, at 8:30 am. Pla submit to a urological examination with Dr. Milton Krisiloff on 6/29/94, at 4:00 pm. (bp) (Entered: 08/16/1994)

06/24/1994 1401 OPPOSITION by plaintiff Darren Thomas motion to dismiss the cmp of pla Eric Jones [1392−1] memo of law; exhibits & declaration of James S. Muller in support thereof. (bp) (Entered: 08/16/1994)

06/27/1994

1357

MINUTES: Mot to comp Karol Heppe to comp with subp duces tecum: As soon as practicable, the non−party witnesses shall produce to dft's all documents responsive to requests Nos. 1,4,6 (limited to the compromise request) 13,14,16,17,18, & 19 The non−party witnesses shall answer the subject depo questions, as well as deposition questions concerning documents & information produced subsequent to the prior depo. The non−party witnesses also shall answer reasonable follow−up questions. Use of this discovery shall be limited to use for purposes of this litigation only. Except as expressly stated herein, the mot is denied. denying motion to compel Karol Heppe to comply with subp duces tecum [1326−1] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 06/30/1994)

06/27/1994

1358

MINUTES: The crt has read & considered all papers fld in support of & in opp to dft's mot to compel fur responses by pla's Darren Thomas, Michael Sterling, Kevin Marshall, William Scott & Jesse Melendrez to dft's first request for production of documents, etc. (the mot), fld 6/10/94. The crt has taken the mot under submission without oral argument. The mot is denied. All parties' request for sanctions are denied. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 06/30/1994)

06/27/1994 1402 EX PARTE APPLICATION by defendant Juan Alvarado to clarify scope of independant medical examinations of Elzie Coleman ; motion hearing set for <date not set> (bp) (Entered: 08/16/1994)

06/27/1994

LODGED/PROPOSED Order re application to clarify scope of independant medical examinations (FWD TO CRD) (bp) (Entered: 08/16/1994)

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06/28/1994

1359

ORDER Tht pla Elzie Coleman submit to an orthopedic examination by Dr. Mark Stern. Such examination shall include a memdical examination, taking of a medical history, & evaluations, & record review, & any & all other tests which are ordinarily deemed a part of a general physical examination. In addition, Dr. Stern will compare the entry & exit wounds on Mr. Coleman with the holes in the jacket tht he was wearing at the time of the incident to determine the position of Mr. Coleman's body at the ti he was shot. by Magistrate Judge Charles F. Eick (bp) (Entered: 06/30/1994)

06/28/1994 1362 MINUTES: Hrng on dft Deputies ex parte application to clarify scope of independent medical examination of Elzie Coleman ord on 6/24/94; Case called. Cnsl make their appearances. The crt hears argument. The court signs the proposed ord, as modified. by Magistrate Judge Charles F. Eick CR: tape 695 (bp) (Entered: 07/26/1994)

06/28/1994 1403 OPPOSITION to ex parte application for ord for physical & mental exammination; p's & a's; declaration of cnsl by plaintiff Darren Thomas (bp) (Entered: 08/16/1994)

06/29/1994

1360

MINUTES: taking under advisement on the motion to determine the sufficiency of ans or objs to req for amdission & to compel ans [1330−1] Within 20 days of the dt of this ord, dft's shall srv fur responses to requests for admission Nos. 2,7,9,12,14,15,16,17,18,19,20,21,33,34,35,36,37,38,51,52,62 , 64,71,72,73,74 & 97. Except expressly stated herein, the mot (including the part of the mot dealing with ineterrogatories is denied. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 06/30/1994)

06/29/1994 1363 ORDER this case has been set for a settlement conf by Judge Terry J. Hatter ; settlement conference 4:30 7/19/94 (bp) (Entered: 07/26/1994)

07/01/1994

1364

ORDER tht pla submit to an orthopedic examination by Dr. Jack Vandernoot or at an agreeable location, wihtin 30 days. Such exaination shall include a medical examination, takig of a medical history, evaluations, record review, & any & all other tests tht are ordinarily deemed part of a general physical examination by Magistrate Judge Charles F. Eick (bp) (Entered: 07/26/1994)

07/01/1994

1365

MINUTES: Case called. Cnsl for dft makes appearance. No appearance is made by pla's cnsl. Dft's cnsl withdraws mot #2. The crt hears argument on mot #1 & signs the proposed ord. granting motion to compel Tracy Batts to appear [1351−1], withdrawing motion to compel pla Candi &/or Sandi Leonard to provide a signed authorization for release of William Leonard's psychiatrict/drug treatment records [1318−1] by Magistrate Judge Charles F. Eick CR: tape 696 (bp) (Entered: 07/26/1994)

07/05/1994 1366 SUPPLEMENTAL memo of p's & a's in opposition to defense mot to compel pla to submit to mental examination by plaintiff Darren Thomas (bp) (Entered: 07/26/1994)

07/05/1994 1367 SUPPLEMENTAL Memo of p's & a's in opposition to pla's mot to compel compliance with crt ord & for santcions by defendant Los Angeles County re motion to compel compliance with crt ord [1355−1] (bp) (Entered: 07/26/1994)

07/05/1994 1368 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to compel ans to depo questions to Ruben Calderon request for attorneys fees & costs against pla & pla's cnsl: joint stip: decl's of Carol Ann Humiston, Douglas J. Collodel & Dean A. Olson; exhibits ; motion hearing set for 9:00 7/22/94 (bp) (Entered: 07/27/1994)

07/05/1994 1369 SUPPLEMENTAL memo of p's & a's in support of dft's mot to copel pla, Darren Thomas, to appear for an independent medical examination by defendant Juan Alvarado (bp) (Entered: 07/27/1994)

07/06/1994

1370

MINUTES: The crt is in receipt of dft's mot to compel answers to depo questions posed to Ruben Calderon. The previously ntc'd 7/15/94 & 7/22/94 hrng dts are vacated. Any party may fl a supplemental memo on or bef 7/14/94. At tht ti, the crt will take the mot under submission w/o oral argument, unless the crt otherwise ords. See L.R. 7.11. courtesy copies of all supplemental memo shall be delivered directly to room 342. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 07/27/1994)

07/08/1994 1371 AMENDED notc of mot to compel answers to deposition questions posed to Ruben Calderon: request for attorneys fees & costs against pla & pla's cnsl by defendant Juan Alvarado to [1368−1] (bp) (Entered: 07/27/1994)

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07/08/1994 1372 NOTICE of submission under seal of documents for in camera inspection re discovery dispute by defendant Los Angeles County (bp) (Entered: 07/27/1994)

07/08/1994

1373

MINUTES: It is ord tht pla Darren Thomas is to submit to a independant medical examination to be conducted in early September by Drs. Enelow & Herrera. The examination may be 1 day in duration. Dft's will bear the costs of the examination. At the pla's option, he may have his attorney, a court reporter, &/or a tape recorder present. Mot #1 is taken under submission taking under advisement on the motion to compel compliance with crt ord [1355−1] by Magistrate Judge Charles F. Eick CR: tape #697 & 698 (bp) (Entered: 07/27/1994)

07/11/1994 1374 MINUTES: denying motion to compel compliance with crt ord [1355−1] See lengthy document in case fl for details by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 07/27/1994)

07/12/1994 1375 ORDER by Judge Terry J. Hatter granting motion to withdraw attorney [1323−1] attorney George V Denny III for Salvador Preciado, granting motion to dismiss the cmp of pla Salvador Preciado [1308−1] (bp) (Entered: 07/27/1994)

07/12/1994 1376 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to compel production of original audiotapes & videotapes ; motion hearing set for 9:00 7/22/94 (bp) (Entered: 07/27/1994)

07/12/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 07/27/1994)

07/12/1994 1389 NOTICE of submission under seal of documents for in camera inspection re discovery dispute by defendant Los Angeles County [FILED UNDER SEAL] (bp) (Entered: 08/15/1994)

07/12/1994 1390 NOTICE of submission under seal of documents for in camera inspection re discovery dispute by defendant Los Angeles County [FILED UNDER SEAL] (bp) (Entered: 08/15/1994)

07/13/1994 1377 NOTICE OF MOTION AND MOTION by Police Misconduct, Karol Heppe for reconsideration of Mag ord granting discovery supb duces tecum decl of cnsl: memo of p's & a's ; motion hearing set for 10:00 8/29/94 (bp) (Entered: 07/28/1994)

07/13/1994 1378 MINUTES: denying motion to compel production of original audiotapes & videotapes because of the 6/30/94 discovery cutoff. This denial is w/o prej to dft's right to apply to the District Jude for relief frm the discovery cutoff so tht this matter may be heard. [1376−1] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 07/28/1994)

07/15/1994 1379 SUPPLEMENTAL memo re dft's mot to compel Rubern Calderon's deposition testimony by plaintiff Ruben Calderon (bp) (Entered: 07/28/1994)

07/15/1994

1380

MINUTES: taking under advisement on the motion to compel ans to depo questions to Ruben Calderon [1368−1] As soon as practicable, Rubern Calderon shall answer the subject deposition questions & reasonable follow−up questions, except tht the questions re gang affiliations shall be handled in the manner indicated on page 41, lines 24 though 27 of the joint stip. Within 30 days of the dt of this ord, Ruben Calderon & his attorneys shall pay to dft's the total sum of $650.00 as sanctions under rule 37 of FRCP. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 07/28/1994)

07/17/1994 1392 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to dismiss the cmp of pla Eric Jones memo of p's & a's; declaration of Dean A. Olson; exhibits ; motion hearing set for 10:00 7/11/94 (bp) (Entered: 08/16/1994)

07/20/1994 1381 MINUTES: Settlement conf held, matter cont'd to ; settlement conference 4:30 7/26/94 by Judge Harry L. Hupp CR: none (bp) (Entered: 07/28/1994)

07/21/1994 1395 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado for summary adjudication on the 7th cause of action memo of p's & a's in support thereof; decl; exhibits; stmt of uncontroverted facts & conclusions of law; prop ord ; motion hearing set for 10:00 8/22/94 (bp) (Entered: 08/16/1994)

07/22/1994 1382 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado for summary adjudication in favor of Deputy Abel Moreno memo of p's & a's in support ; motion hearing set for 10:00 8/15/94 (bp) (Entered: 07/28/1994)

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07/22/1994

LODGED/PROPOSED Order & stmt (FWD TO CRD) (bp) (Entered: 07/28/1994)

07/22/1994 1383 NOTICE OF MOTION AND MOTION by defendant James Corrigan for summary adjudication in favor of Deputy James Corrigan memo of p's & a's in support: decl of Janet M. Richardson ; motion hearing set for 10:00 8/15/94 (bp) (Entered: 07/28/1994)

07/22/1994

LODGED/PROPOSED Order & stmt (FWD TO CRD) (bp) (Entered: 07/28/1994)

07/25/1994 1384 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado for summary adjudication on 19th actn Richard Hernandez memo of p's & a's; exhibit; decl of Carol Ann Humiston ; motion hearing set for 8/15/94 (bp) (Entered: 07/28/1994)

07/25/1994

LODGED/PROPOSED Order & stmt (FWD TO CRD) (bp) (Entered: 07/28/1994)

07/25/1994 1385 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado for summary adjudication on 20th actn of Raphael Ochoa memo of p's & a's: declarations of John Corina & Joseph Holmes: stmt of uncontroverted facts & conclusions of law: prop ord ; motion hearing set for 8/15/94 (bp) (Entered: 07/28/1994)

07/25/1994

LODGED/PROPOSED Order & stmt (FWD TO CRD) (bp) (Entered: 07/28/1994)

07/25/1994 1386 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado for summary adjudication on 24th actn by Ron Dalton, Eric Jones, & Marcelo Gonzales memo of p's & a's in support; exhibit: decl: separate stmt of uncontroverted facts & conclusions of law: prop ord ; motion hearing set for 8/15/94 (bp) (Entered: 07/28/1994)

07/25/1994

LODGED/PROPOSED Order & stmt (FWD TO CRD) (bp) (Entered: 07/28/1994)

07/25/1994 1387 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado for reconsideration of Mag's 7/13/94 ord denying mot to comp decl of Corrine Grubb; ; motion hearing set for 8/15/94 (bp) (Entered: 07/28/1994)

07/25/1994 1388 NOTICE OF MOTION AND MOTION by plaintiff Darren Thomas for order severing causes of actn directing entry of jgm in favor of John Chapman & staying all proceedings on severed causes of action pending appeal of said jgm; memo of law & exhibits in support ; motion hearing set for 10:00 8/15/94 (bp) (Entered: 07/28/1994)

07/26/1994 1404 MINUTES: ; settlement conference held , settlement conf continued to ; settlement conference 4:30 8/2/94 by Judge Harry L. Hupp CR: none (bp) (Entered: 08/16/1994)

07/27/1994 1405 NOTICE of joinder in dft Deputies motion for sumadj on the seventh cause of action as to the validity of the arrest of pla Fernando Martinez & in all supporting papers by defendant Los Angeles County (bp) (Entered: 08/16/1994)

07/27/1994 1406 NOTICE of joinder in dft Deputies motion for sumadj of issues on the nineteenth cause of action of pla Richard Hernandez, & in all supporting papers by defendant Los Angeles County (bp) (Entered: 08/16/1994)

07/27/1994 1407 NOTICE of joinder in dft's John Corina & Joe Holmes motion for sumadj of issues on the twenty−second cause of action of pla Rapheal Ochoa, & in all supporting papers by defendant Los Angeles County (bp) (Entered: 08/16/1994)

08/01/1994 1408 NOTICE of non−opposition to motion for sumjgm of Deputy Sheriff Abel Moreno by plaintiff Darren Thomas (bp) (Entered: 08/16/1994)

08/01/1994 1409 SEPARATE STATEMENT of disputed issues in opposition to dft's mot for sumadj of issues on the 7th cause of action by Fernando M Martinez in support of [1395−1] (bp) (Entered: 08/17/1994)

08/01/1994 1410 OPPOSITION by Fernando M Martinez motion for summary adjudication on the 7th cause of action [1395−1] (bp) (Entered: 08/17/1994)

08/01/1994 1411 OPPOSITION by defendant Los Angeles County motion for order severing causes of actn directing entry of jgm in favor of John Chapman [1388−1] (bp) (Entered: 08/17/1994)

08/02/1994 1412 MINUTES: Settlement conf held & cont'd ; settlement conference 4:30 8/23/94 by Judge Terry J. Hatter CR: none (bp) (Entered: 08/17/1994)

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08/04/1994 1413 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado for summary adjudication in favor of Deputy Dan Raimo re twentieth cause of action; memo of p's & a's; declaration of Dan Raimo ; motion hearing set for 10:00 8/29/94 (bp) (Entered: 08/17/1994)

08/04/1994

LODGED/PROPOSED Order re motion for sumadj in favor of Dan Raimo (FWD TO CRD) (bp) (Entered: 08/17/1994)

08/05/1994 1414 STIPULATION and ORDER continuing motion for sumadj by Judge Terry J. Hatter setting hearing on motion for summary adjudication [1413−1] 10:00 8/22/94 (bp) (Entered: 08/17/1994)

08/05/1994 1415 STIPULATION and ORDER tht pla Rafael Ochoa, shall have up to & including 8/8/94 to respond to dft's mot for sumadj. by Judge Terry J. Hatter (bp) (Entered: 08/17/1994)

08/05/1994 1416 NOTICE of non−opposition to defense motion for sumadj of issues on the twenty−second action of pla Raphael Ochoa as to John Corina & Joseph Holmes only by plaintiff Darren Thomas (bp) (Entered: 08/17/1994)

08/05/1994 1417 OPPOSITION by plaintiff Darren Thomas motion for reconsideration of Mag's 7/13/94 ord denying mot to comp [1387−1] (bp) (Entered: 08/17/1994)

08/08/1994 1418 NOTICE OF MOTION AND MOTION by Richard Hernandez for leave to withdraw & amd admission resp to df't req for admissions supporting declarations & memo of p's & a's ; motion hearing set for 10:00 8/29/94 (bp) (Entered: 08/17/1994)

08/08/1994 1419 OPPOSITION by plaintiff Richard Hernandez motion for summary adjudication [1413−1] (bp) (Entered: 08/17/1994)

08/08/1994 1420 STATEMENT of genuine issues remaining in dispute [fld concurrently with pla's opp to dft's mot for sumadj of issues re 19 cause of actn] by plaintiff Darren Thomas (bp) (Entered: 08/17/1994)

08/15/1994 1421 NOTICE OF MOTION AND MOTION by plaintiff Darren Thomas to continue hrng on motions for sumjgm memo of p's & a's, decl of cnsl; stip of voluntary dismissal w/o prej ; motion hearing set for <date not set> (bp) (Entered: 08/17/1994)

08/15/1994 1422 MINUTES: denying motion for leave to withdraw & amd admission resp to df't req for admissions without prejudice for failure to comply fully with L.R. 7.15 [1418−1] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 08/17/1994)

08/15/1994 1423 DECLARATION of Molly Munger re exhibit tags by plaintiff Darren Thomas (bp) (Entered: 08/17/1994)

08/16/1994 1424 OPPOSITION to motion for leave to withdraw/amd pla's admission; memo of p's & a's; decl of Carol Ann Humiston by defendant Juan Alvarado (bp) (Entered: 08/17/1994)

08/16/1994 1425 OPPOSITION by defendant Juan Alvarado motion for reconsideration of Mag's 7/13/94 ord denying mot to comp [1387−1] (bp) (Entered: 08/17/1994)

08/16/1994 1426 REPLY in support of mot & mot for sumadj of issues on the seventh cause of action of pla Fernando Martinez; memo of p's & a's by defendant Juan Alvarado re [1413−1] (bp) (Entered: 08/17/1994)

08/16/1994 1427 REPLY in support of motion for sumadj; memo of p's & a's; declaration of Carol Ann Humiston by defendant Juan Alvarado re [1413−1] (bp) (Entered: 08/17/1994)

08/22/1994 1428 REPLY MEMORANDUM of p's & a's by defendant Juan Alvarado in support of motion for summary adjudication [1413−1] in favor of James Corrigan re twentieth cause of action & in opposition to plas' request for continuance (bp) (Entered: 08/23/1994)

08/22/1994 1429 MEMORANDUM of p's & a's by defendant Juan Alvarado in support of motion for summary adjudication in favor of Deputy James Corrigan [1383−1] (bp) (Entered: 08/23/1994)

08/23/1994 1430 NOTICE to non−opposition to deft Nordskoff's mot for summary adjudication of issues on the 24th cause of actn by plaintiff(s), (et) (Entered: 09/07/1994)

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08/26/1994 1431 STIPULATION and ORDER tht the subject defts shall hv up to & including 8−29−94 to supplement their discover responses further pur to Crt Ord of 7−11−94 by Discovery Charles F. Eick (et) (Entered: 09/07/1994)

08/29/1994 1432 Notice of non−opposition by plaintiff(s) to motion for summary adjudication [1413−1] (et) (Entered: 09/07/1994)

08/29/1994 1433 NOTICE OF MOTION AND MOTION by plaintiff for leave to w/draw , and to amend admission response to defense request for admissions ; motion hearing set for 9:00 9/23/94; supprting declrs & memo of P/A. (et) (Entered: 09/07/1994)

08/29/1994 1434 DECLARATION of Hugh R. Manes by plaintiff re [1433−1] (et) (Entered: 09/07/1994)

08/31/1994 1443 MINUTES: granting motion to continue hrng on motions for sumjgm on defendants, Corrigan & Raimo, fld on 8/15/94, is hereby GRANTED [1421−1] by Judge Terry J. Hatter CR: none (bp) (Entered: 09/26/1994)

09/02/1994 1435 NOTICE by plaintiffs of change of address (jw) (Entered: 09/14/1994)

09/05/1994 1436 MEMO OF CONTENTIONS OF FACT and LAW by defendants. (jw) (Entered: 09/14/1994)

09/06/1994 1437 WITNESS list submitted by plaintiffs. (jw) (Entered: 09/14/1994)

09/07/1994 1438 MEMO OF CONTENTIONS OF FACT and LAW by plaintiffs. (jw) (Entered: 09/14/1994)

09/07/1994 1440 WITNESS list submitted by defendants. (jw) (Entered: 09/14/1994)

09/08/1994 1439 EXHIBIT list by defendants. (jw) (Entered: 09/14/1994)

09/09/1994

1444

NOTICE OF MOTION AND MOTION by defendant's Juan Alvarado to compel payment to costs of cancellation medical examination by Elzie Coleman memo of p's & a's: requests for sanctions: declaration of Zahava Stroud & Dr. Arnold Herrera: pla's contentions: exhibits ; motion hearing set for 9:00 9/23/94 (bp) (Entered: 09/26/1994)

09/12/1994

1445

MINUTES: The crt is in receipt of dft's motion to compel payment of costs of cancelled medical examinations by Elzie Coleman fdl 9/9/94. The previously noticed 9/23/94 hrng dt is vacated. Any party may fl supplement memo on or bef 9/19/94. At tht time, the crt will take the motion under submission w/o oral argument, unless the crt otherwise ords. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 09/26/1994)

09/13/1994 1441 JOINT EXHIBIT list. (jw) (Entered: 09/14/1994)

09/16/1994

1446

NOTICE OF MOTION AND MOTION by defendant Juan Alvarado for summary adjudication of issues on the 18th cause of action by dft's Douglas Gilles, Kevin Kiff, Kelly Gill−McMichael, Katherine Brown−Voyer, Michael Boge, John Mossotti, Jack Tarsiuk, Loy Luna, & Robert Reed; memo of p's; Declaration of Janet M. Richardson: exhibits ; motion hearing set for 10:00 10/17/94 (bp) (Entered: 09/26/1994)

09/16/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 09/26/1994)

09/16/1994 1447 REQUEST by defendant's Juan Alvarado for judicial notice; exhibit (bp) (Entered: 09/26/1994)

09/16/1994

1618

ORDER by Judge Terry J. Hatter that dfts' mtn for summary adjud on the 4th cause of action on the issue of probable cause to arrest pla Michael Sterling is granted. Dfts' mtn for summary adjud on the 6th, 8th and 9th causes of action as to dft Chapman is denied. Dfts' mtn for summary adjudication on the 10th cause of action as to whether dft Raimo had probable cause to make arrest is granted. Dfts' mtn for summary adjud on the 12th and 14th causes of action as to the validity of the arrests of Jesse and Ernest Avila and Carlos Maya is denied. Dfts' mtn for summary adjud on the 18th cause of action as to dfts Luna, Gill−McMichael and Gilles is granted (for additional information, please see original order) (dhl) (Entered: 05/16/1995)

09/19/1994 1448 SUPPLEMENTAL BRIEF in opposition to dft's motion for sanctions: memo of p's & a's: declaration of Dr. George Henry, Ph.D by plaintiff Darren Thomas (bp) (Entered:

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09/28/1994)

09/20/1994

1449

MINUTES: The crt has read & considered all papers fld in support of & in opp to dft's motion to compel payment of costs of cancelled medical examinations by Elzie Coleman. Within 30 days of the dt of this ord, Pla Elzie Coleman shall pay to dft's the total sum of $1,250.00 [1444−1] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 09/28/1994)

09/21/1994 1450 OBJECTIONS to & motion to strike defense opposition to motion for leave to withdraw, & supporting declaration of Hugh R. Manes by plaintiff Richard Hernandez (bp) (Entered: 09/28/1994)

09/21/1994 1451 OPPOSITION by defendant's Juan Alvarado motion for leave to w/draw/amd pla's admission: memo of p's & a's: declaration of Carol Ann Humiston [1433−1] (bp) (Entered: 09/28/1994)

09/22/1994 1442 DECLARATION of Molly Munger re cooperation issues affecting status of pretrial conf ord by plaintiff's Darren Thomas (bp) (Entered: 09/23/1994)

09/22/1994 1452 NOTICE of joinder in dft deputies motion for sumadj on the eighteenth cause of action & in all supporting papers by defendant Los Angeles County (bp) (Entered: 09/28/1994)

09/23/1994 1453 ANSWER to first amd cmp by defendant Jerry Harper; jury demand (bp) (Entered: 09/28/1994)

09/23/1994 1454 ANSWER to first amended cmp by defendant Richard L Castro, defendant Unknown Radeleff; jury demand (bp) (Entered: 09/28/1994)

09/23/1994 1455 ANSWER to first amended cmp by defendant Richard Foreman; jury demand (bp) (Entered: 09/28/1994)

09/23/1994 1456 ANSWER to first amended cmp by defendant C Brantley, defendant Raymond Gott, defendant A Herrera, defendant M Sparks; jury demand (bp) (Entered: 09/28/1994)

09/23/1994 1457 ANSWER to first amended cmp by defendant Bert J Cueva; jury demand (bp) (Entered: 09/28/1994)

09/23/1994 1458 ANSWER to first amended cmp by defendant Robert Edmonds; jury demand (bp) (Entered: 09/28/1994)

09/23/1994 1459 ANSWER to first amended cmp by defendant Lynwood City Of; jury demand (bp) (Entered: 09/28/1994)

09/23/1994 1460 ANSWER to first amended cmp by defendant Sherman Block; jury demand (bp) (Entered: 09/28/1994)

09/23/1994 1461 ANSWER to first amended cmp by defendant Los Angeles County, defendant LASD; jury demand (bp) (Entered: 09/28/1994)

09/23/1994

1462

DECLARATION of Patrick T. Meyers in reply & objection to pla's declaration re issues affecting pre−trial conf ord by defendant Los Angeles County, City of Lynwood, LASD, Sheriff Sherman Block, Robert Edmonds, Jerry Harper, Richard Foreman, Bert J. Curva, Raymond Gott, Charles Brantley, Michael Sparks, Art Herrera, John Radeleff & Richard Castro (bp) (Entered: 09/28/1994)

09/23/1994 1463 MINUTES: Settlement confernce cont'd: ; settlement conference 2:00 9/28/94 , by Judge Harry L. Hupp CR: none (bp) (Entered: 09/28/1994)

09/23/1994 1470 MINUTES: taking under subission on the motion for leave to withdraw & amd admission resp to df't req for admissions [1418−1] by Magistrate Judge Charles F. Eick CR: tape #713 & 715 (bp) (Entered: 09/30/1994)

09/26/1994

1464

EX PARTE APPLICATION by defendant Juan Alvarado,gilbert Anderson, Ppaul Archambault, Charles Barton, Timothy benson, Gary Blackwell, Steve Blair, Robert Blume, Larry Brandenburg, Katherine Brown−Voyer, Richard Calzada, Tony Campbell, Anthony Campbell, Scott Carter, John Chapman, Javier Clift, Daniel Cooper, John Corina, Jim Corrigan, Robert Delgadillo, Faustino Del Valle, Robert Devine, Robert Dillard, Craig Ditsch, Steven Downey to continue deposition of Andre

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Pinsett memo of p's & a's in support: decaration of Janet M. Richardson: prop ord ; motion hearing set for <date not set> (bp) (Entered: 09/28/1994)

09/26/1994 1465 ATTORNEY SUBSTITUTION: terminating Morris, Polich & Purdy and substituting attorney Richard S Kemalyan by Judge Terry J. Hatter (bp) (Entered: 09/28/1994)

09/26/1994 1466 MINUTES: denying motion to continue deposition of Andre Pinsett without prejudice. All interested persons agains shall attempt to agree upon the scheduling of deputy Pinsett's depo. [1464−1] by Mag Judge Charles F. Eick (bp) (Entered: 09/28/1994)

09/26/1994

1467

MINUTES: granting motion for leave to w/draw on the following conditions: within 10 days of the dt of this ord, pla Richard Hernandez shall srv a verified, unequivocally negative response to the req in question: for a period of 40 days after svc of the resp, dft's may take addtl discovery relevant to pla Richard Hernandez's nineteenth cause of action, including, w/o limitation, medical & psychatric examinations of Mr. Hernandez, rule 34 requests & rule 45 subpoenas for pertinent medical records & damages−related interrogotories: & within 30 days of the dt of this ord, pla Richard Hernandez shall pay to dft's the total sum of $735.00, which represents the amount of attorney's fees reasonably expended by dft's in moving for sumadj in reliance upon the deemed admission in question. [1433−1] by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 09/28/1994)

09/26/1994

1468

DECLARATION of Carol Ann Humiston re: rule 9 compliance by defendant's Juan Alvarado, Paul Archambault, Charles Barton, Timothy Benson, Gary Blackwell, Steve blair, Robert Blume, Katherine Browm−Voyer, Richard Calzada, Anthony Campbell, Scott Carter, John Chapman, Javier Clift, Daniel Cooper, John Corina, Jim Corrigan, Robert Delgadillo, Faustino Del Valle, Robert Devine, Robert Dillard, Craig Ditsch, Steven Downey, Raymond Esquerra, Ronald gilbert, Kelly Gill−McMichael, Douglas Gilles, Timothy Glover, Frank Gonzalez (bp) (Entered: 09/28/1994)

09/26/1994

1469

DECLARATION of Zahava Stroud re: rule 9 meeting by defendant's Juan Alvarado, Gilbert Anderson, Ppaul Archambault, Charles Barton, Timothy Benson, Gary Blackwell, Steve Blair, Robert Blume, Larry Brandenburg, Katherine Brown−Voyer, Richard Calzada, Tony Campbell, Anthony Campbell, Scott Carter, John Chapman, Javier Clift, Daniel Cooper, John Corina, Jim Corrigan, Robert Delgadillo (bp) (Entered: 09/28/1994)

09/26/1994 1471 MINUTES: Continuing PTC ; pretrial conference on 11:00 10/17/94 Partis to submit list of outstanding motions by 10/11/94. Injunctive relief issue to be tried first. by Judge Terry J. Hatter CR: Maria Beesley (bp) (Entered: 09/30/1994)

09/26/1994 1472 ORDER tht the Magistrates 6/27/94, ord granting discovery via subp dueces tecum be, & hereby is, STAYED. Judge Terry J. Hatter (bp) (Entered: 09/30/1994)

09/26/1994 1473 ORDER by Judge Terry J. Hatter denying as to Robert Delgadillo & Allen Harris motion for summary adjudication on the 7th cause of action. It is further ORD tht the motion be, & hereby is, GRANTED as to Robert Devine [1395−1] (bp) (Entered: 09/30/1994)

09/28/1994 1474 MINUTES: ; settlement conference held No settlement reached. by Judge Harry L. Hupp CR: none (bp) (Entered: 10/04/1994)

09/29/1994

1475

NOTICE of continuance of motion for sumadj of issues on the eighteenth cause of action by dft's Douglas Gilles, Kevin Kiff, Kelly Gill−McMichael, Katherine Brown−Voyer, Michael Vogue, John Mossotti, Jack Tarasuik, Loy Luna, & Robert Reed. by defendant's Juan Alvarado, Archambault, barton, Benson, Blackwell, Blair, blume, Brown−Voyer, Calzada, Campbell, Carter, Chapman, Clift, Cooper, Corina, Corrigan, Delgadillo, Del Valle, Devine, Dillard, Ditsch, Downey, Esquerra, Gilbert, Gill−Michael (bp) (Entered: 10/04/1994)

09/29/1994 1476 MINUTES: setting hearing on motion to compel production of original audiotapes & videotapes [1376−1] 10/14/94 Cnsl are encouraged to resolve this dispute in advance of the hrng by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 10/04/1994)

10/04/1994 1477 ANSWER TO FIRST AMENDED CMP by defendant John Chapman; jury demand (bp) (Entered: 10/05/1994)

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10/04/1994 1478 ANSWER TO FIRST AMENDED CMP by defendant Frank NMI Gonzales; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1479 ANSWER TO FIRST AMENDED CMP by defendant Joseph Holmes; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1480 ANSWER TO FIRST AMENDED CMP by defendant James Whitten; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1481 ANSWER TO FIRST AMENDED CMP by defendant Raymond Esquerra; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1482 ANSWER TO FIRST AMENDED CMP by defendant Tommy Harris; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1483 ANSWER TO FIRST AMENDED CMP by defendant Joseph NMI Guzman; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1484 ANSWER TO FIRST AMENDED by defendant Michael Salvatore; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1485 ANSWER TO FIRST AMENDED CMP by defendant Richard Calzada; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1486 ANSWER TO FIRST AMENDED CMP by defendant Loy Luna; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1487 ANSWER TO FIRST AMENDED CMP by defendant James Pacina; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1488 ANSWER TO FIRST AMENDED CMP by defendant John NMI Corina; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1489 ANSWER TO FIRST AMENDED CMP by defendant Robert Windrim; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1490 ANSWER TO FIRST AMENDED CMP by defendant Brian NMI Steinwand; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1491 ANSWER TO AMENDED CMP by defendant Timothy Glover; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1492 ANSWER TO FIRST AMENDED CMP by defendant Unknown Nelson; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1493 ANSWER TO FIRST AMENDED CMP by defendant Kevin Goran; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1494 ANSWER TO FIRST AMENDED CMP by defendant K Wall; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1495 ANSWER TO FIRST AMENDED CMP by defendant Allen NMI Ripley; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1496 ANSWER TO FIRST AMENDED CMP by defendant Scott Carter; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1497 ANSWER TO FIRST AMENDED CMP by defendant Richard Orosco; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1498 ANSWER TO FIRST AMENDED CMP by defendant William Roman; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1499 ANSWER TO FIRST AMENDED CMP by defendant Daniel Cooper; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1500 ANSWER TO FIRST AMENDED CMP by defendant Rodolfo O'Dell; jury demand (bp) (Entered: 10/05/1994)
10/04/1994 1501 ANSWER TO FIRST AMENDED CMP by defendant Jack Neihouse; jury demand (bp) (Entered: 10/05/1994)

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10/04/1994 1502 ANSWER TO FIRST AMENDED CMP by defendant Craig Ditsch; jury demand (bp) (Entered: 10/05/1994)

10/04/1994 1503 ANSWER TO FIRST AMENDED CMP by defendant Albert Grotefend; jury demand (bp) (Entered: 10/05/1994)

10/04/1994 1504 ANSWER TO FIRST AMENDED CMP by defendant Jack Ramirez; jury demand (bp) (Entered: 10/05/1994)

10/05/1994 1506 NOTICE OF DISCREPANCY AND ORDER ans of dft to 1st a/c: p.21 unsigned by attorney; the document is not to be fld but instead rejected & returned to cnsl. by Judge Terry J. Hatter (bp) (Entered: 10/13/1994)

10/05/1994 1507 NOTICE OF DISCREPANCY AND ORDER answer of dft Robert Reed to 1st A/C; document unsigned by atty on p.21: the document is not to be fld but instead rejected & returned to cnsl. by Judge Terry J. Hatter (bp) (Entered: 10/13/1994)

10/05/1994 1508 NOTICE OF DISCREPANCY AND ORDER answer to 1st a/c; p.21 unsigned by attorney; the document is not to be filed but instead rejected & returned to cnsl. by Judge Terry J. Hatter (bp) (Entered: 10/13/1994)

10/05/1994 1509 OPPOSITION by plaintiff's Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon motion for summary adjudication [1446−1] (bp) (Entered: 10/13/1994)

10/05/1994 1510 REQUEST by plaintiff's Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon for judicial notice: exhibit (bp) (Entered: 10/13/1994)

10/05/1994

1511

Proof of service of 1st A/C the following parties where svd on 10/4/94, Danielle Cormier, Curtis Golden, Thomas Harvey, Eric Hubner, Dale Hufman, Jerold Reeves, Martin Rodrigues, Timothy Running, Herbert Giron, Neils Gittisarn, Scott McCormick, Roy Nunez, Michael Reynolds, Michael Schneider, Thomas Brownell & John West, the person who was served for the above−mentioned parties is Victor Pinzon. (bp) (Entered: 10/13/1994)

10/07/1994 1505 ANSWER to 1ST A/C by defendant R A Reed; jury demand (jc) (Entered: 10/11/1994)

10/07/1994 1512 ANSWER TO FIRST AMENDED CMP by defendant Timothy E Benson; jury demand (bp) (Entered: 10/13/1994)

10/07/1994 1513 ANSWER TO FIRST AMENDED CMP by defendant Jack Tarasiuk; jury demand (bp) (Entered: 10/13/1994)

10/07/1994 1514 ANSWER TO FIRST AMENDED CMP by defendant Frustino Delvalle; jury demand (bp) (Entered: 10/13/1994)

10/07/1994 1515 ANSWER TO FIRST AMENDED CMP by defendant Javier Clift; jury demand (bp) (Entered: 10/13/1994)

10/07/1994

1516

NOTICE OF MOTION AND MOTION by defendant's Los Angeles County, City of Lynwood, Los Angeles County Sheriff's Department, Sheriff Sherman Block, Robert Edmonds, Jerry Harper, Richard Foreman, Bert J. Cueva, Raymond Gott, Charles Brantley, Michael Sparks, Art Herrera, John Radeleff, & Richard Castro for jury trial memo of p's & a's; exhibits ; motion hearing set for 10:00 10/31/94 (bp) Modified on 10/13/1994 (Entered: 10/13/1994)

10/11/1994

1517

REPLY in support of motion for sumadj of issues on the 18nth cause of action by dft's Douglas Gilles, Kevin Kiff, Kelly Gill−McMichael Vogue, John Mossoti, Jack Tarasiuk, Loy Luna, & Robert Reed; memo of p's & a's by defendant's Juan Alvarado, Paul Archambault, Charles Barton, Timothy Benson, Gary Blackwell, Steve Blair, Robert Blume, Katherine Brown−voyer, Richard Calzada, Anthony Campbell, Scott Carter, John Chapman, Javie Clift, Daniel Cooper, John Corina re [1446−1] (bp) (Entered: 10/13/1994)

10/11/1994

LODGED/PROPOSED PTCO (FWD TO CRD) (bp) (Entered: 10/13/1994)

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10/13/1994 1546 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 9/26/94 (Re: ) CR: Maria Beesley (fvap) (Entered: 12/01/1994)

10/14/1994 1519 MINUTES: Dft's mot to comp prod of original audiotapes & videotapes for examination: Case called. Counsel make their appearances. The court hears argument. Matter taken under submission by Magistrate Judge Charles F. Eick CR: tape #719 (bp) (Entered: 11/03/1994)

10/17/1994 1518 OPPOSITION by plaintiff Darren Thomas, et al motion for jury trial [1516−1] (bp) (Entered: 10/18/1994)

10/17/1994

1520

MINUTES: ; IN COURT HEARING re dft's mot for jury trial re injunction set on 2:00 10/31/94 ; pretrial conference held Dft's to fl briefs re issues to be tried by 10/24: pla's resp by 10/31: & hrg set for 11/7/94, at 2:00 pm. Any in limine in motions re trial to be fld 30 days prior to trial dt. by Judge Terry J. Hatter CR: Maria Beesley (bp) (Entered: 11/03/1994)

10/18/1994

1521

MINUTES: Mot to compel prod of original audiotapes: The mot is granted in part. Within 10 days of the dt of this ord, pla's shall copy at dft's expense all of the original audiotapes & videotapes, copies of which previously have been produced to dfts, including but not limited to those audiotapes & videotapes listed in exhibit B to the motion. Within 10 days of the dt of this ord, pla's shall produce to dft's all of the original audiotapes & videotapes, copies of which previously have been produced to dfts, including but not limited to those audiotapes & videotapes listed in exhibit B to the motion. Within forty days of the dt of this ord, dft's shall return to pla's all of the original audiotapes & videotapes. Except as expressly stated herein, the motion is denied. by Magistrate Judge Charles F. Eick CR: none (bp) (Entered: 11/03/1994)

10/21/1994 1522 NOTICE OF DISCREPANCY AND ORDER: ex parte application for relief frm L.R. 7.15 & for expedited resolution of mot for protective ord: lacking a declaration for the ex parte application; the document is to be fld & processed. by Magistrate Judge Charles F. Eick (bp) (Entered: 11/03/1994)

10/21/1994

1523

EX PARTE APPLICATION by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton for relief frm l.r. 7.15 & for expedited resolution of mot for protective ord ; motion hearing set for <date not set> (bp) (Entered: 11/03/1994)

10/21/1994

1524

PROOF OF SERVICE by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton of ex parte application for relief frm rule 7.15 ntc of mot & mot for protective ord re expert depositions & prop ord. See lengthy list of parties svd in document in case fl. (bp) (Entered: 11/03/1994)

10/21/1994

1525

NOTICE OF MOTION AND MOTION by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton for protective order re: expert depositions memo of p's & a's: declaration of Molly Munger in support thereof ; motion hearing set for <date not set> (bp) (Entered: 11/03/1994)

10/21/1994

1526

MINUTES: Pla's ex parte application for relief frm L.R. 7.15 & mot for protective ord: Case called. Counsel made their appearances. the crt heard argument. The court ruled tht expert depositions shall not take place until Judge Hatter determines whether the 6/30/94 discovery cutoff applied to expert discovery as well as percipient discovery. Notwithstanding this ord, dft's may depose Richard Hernandez's treating physician. by Magistrate Judge Charles F. Eick CR: tape #720 (bp) (Entered: 11/03/1994)

10/24/1994 1527 OBJECTIONS & request ot strike portions of proposed pretrial ord by defendant Sheriff's Deputies (bp) (Entered: 11/03/1994)

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10/24/1994 1528 REPLY Memo of p's & a's & exhibits in support thereof re: motion for trial by jury by defendant Juan Alvarado re [1516−1] (bp) (Entered: 11/03/1994)

10/24/1994 1529 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to quash svd of summons on dft Curtis Golden memo of p's & a's in support declaration of Corrine Grubb; ; motion hearing set for 11/21/94 (bp) (Entered: 11/03/1994)

10/24/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 11/03/1994)

10/24/1994 1530 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to dismiss or in the alt for sumjgm in favor of dft Thomas Harvey: memo of p's & a's in support: declaration separate stmt of uncontroverted fact & conclusions of law: prop ord ; motion hearing set for 11/21/94 (bp) (Entered: 11/03/1994)

10/24/1994 1531 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to dismiss or in the alt, for sumjgm in favor of dft Eric Hubner: memo of p's & a's in support: decl: separate stmt of uncontroverted facts & conclusins of law: prop ord ; motion hearing set for 11/21/94 (bp) (Entered: 11/03/1994)

10/24/1994 1532 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to dismiss dft Danielle Cormier on the 4th, 15th & 24th causes of action memo of p's & a's in support ; motion hearing set for 11/21/94 (bp) (Entered: 11/03/1994)

10/24/1994 1533 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to dismiss in favor of dft Scott McCormick memo of p's & a's in support thereof: decl: ; motion hearing set for 11/21/94 (bp) (Entered: 11/03/1994)

10/24/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 11/03/1994)

10/24/1994 1534 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to dismiss or sumjgm in favor of Neils Gittisarn on the 5th cause of action: memo of p's & a's: exhibit: declaration: separate stmt of uncontroverted facts & conclusions of law: ; motion hearing set for 11/21/94 (bp) (Entered: 11/03/1994)

10/24/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 11/03/1994)

10/24/1994 1535 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to dismiss or sumjgm in favor of John West on the 5th cause of action: memo of p's & a's in support: separate stmt of uncontorverted facts & conclusions of law: ; motion hearing set for 11/21/94 (bp) (Entered: 11/03/1994)

10/24/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 11/03/1994)

10/25/1994 1536 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to dismiss or sumjgm in favor of Michael Schneier memo of p's & a's in support thereof: exhibit: declaration: separate stmt of uncontroverted facts & conclusions of law ; motion hearing set for 11/21/94 (bp) (Entered: 11/03/1994)

10/25/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 11/03/1994)

10/25/1994 1537 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to dismiss or sumjgm in favor of Martin Rodriguez memo of p's & a's in support: declaration: separate stmt of uncontroverted facts & conslusions of law ; motion hearing set for 11/21/94 (bp) (Entered: 11/03/1994)

10/25/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 11/03/1994)

10/25/1994 1538 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to quash svc of sms on Jerold Reeves memo of p's & a's in support declaration of Janet Richardson ; motion hearing set for 11/21/94 (bp) (Entered: 11/03/1994)

10/25/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 11/03/1994)

10/25/1994 1539 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado to dismiss or sumjgm in favor of Thomas Brownell & Timothy Running memo of p's & a's in support: exhibits: separate stmt of undisputed facts & conclusions of law: ; motion hearing set for 11/21/94 (bp) (Entered: 11/03/1994)

10/25/1994

LODGED/PROPOSED Order (FWD TO CRD) (bp) (Entered: 11/03/1994)

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10/25/1994 1540 JOINDER by defendant Thomas Zampiello joining motion for jury trial [1516−1] Joinder (bp) (Entered: 11/03/1994)

10/25/1994 1541 NOTICE OF DISCREPANCY AND ORDER: ntc of mot to dism 1st A/C; declaration is not signed; the document is not to be fld but instead rejected & returne to cnsl by Judge Terry J. Hatter (bp) (Entered: 11/03/1994)

10/31/1994 1542 STATEMENT of uncontroverted facts & conclusions of law by defendant Juan Alvarado (bp) (Entered: 11/03/1994)

10/31/1994

1543

OPPOSITION to dft's objections & motion to strike portions of pretrial conf ord: declaration's of Jorge Gonzalez & Kevin S. Reed in support by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton (bp) (Entered: 11/03/1994)

10/31/1994 1544 EXHIBITS in support of pla's opposition to dft's objections & motion to strike portions of pretrial conf ord submitted by plaintiff's (bp) (Entered: 11/03/1994)

10/31/1994 1547 NOTICE OF MOTION AND MOTION by defendant to dismiss , or in the alter for summary adjudication in favor of deft Dale Huffam ; motion hearing set for 11/21/94 (jw) (Entered: 12/08/1994)

10/31/1994

LODGED/PROPOSED Order (FWD TO CRD), (jw) (Entered: 12/08/1994)

10/31/1994 1548 MINUTES: granting motion for jury trial [1516−1] by Judge Terry J. Hatter. Thomas ases to first roceed to trial on trifurcated basis. CR: Maria Beesley (jw) (Entered: 12/08/1994)

11/02/1994 1545 EXHIBIT list by cause of action, purs to ord of court by Plaintiff's & defendant's plaintiff Darren Thomas, defendant Juan Alvarado (bp) (Entered: 11/03/1994)

11/02/1994 1582 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 10/17/94 (Re: ) CR: M.Beesley (lm) Modified on 02/24/1995 (Entered: 02/06/1995)

11/04/1994 1549 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 10/31/94 (Re: ) CR: M. Beesley (jw) (Entered: 12/08/1994)

11/07/1994 1550 MINUTES: Pltfs selects Thoms' case to be tried first. ; pretrial conference on 11:30 11/28/94 ; trial set on 10:00 6/13/95 by Judge Terry J. Hatter. parties to file stmts re wits' testimonies. CR: Maria Beesley (jw) (Entered: 12/08/1994)

11/08/1994

1551

Memo in Opposition by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, defendant Los Angeles County, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton, plaintiff Marrianne English, plaintiff Sergio Galindo, plaintiff Raul Gonzales, plaintiff Marcelo Gonzalez, plaintiff Richard Hernandez, plaintiff Jeffrey Holliman, plaintiff Socorro Huerta, plaintiff Eric Jones, plaintiff Sandra Leonard, plaintiff Candi Leonard, plaintiff Yidefonza Lorenzana, plaintiff Alfredo Maya, plaintiff Raul Maya, plaintiff Carlos Maya, plaintiff Marguerita Maya, plaintiff Ruben Maya, plaintiff Lupe Maya, plaintiff Natalie Melendrez, plaintiff George Mendibles, plaintiff Estella Montoya, plaintiff Raphael Ochoa, plaintiff Jose Ortega, plaintiff Delia Osita, plaintiff Patsy Perez, plaintiff Rita Preciado, plaintiff Teresa Rodriguez, plaintiff Sergio Sanchez, plaintiff Jose Sanchez, plaintiff Alfredo Sanchez, plaintiff Charles Scott, plaintiff Michael Sterling, plaintiff Kevin Marshall, plaintiff William Scott, plaintiff Alvin Washinton, plaintiff Danny Williams to ots of defts Martin Rodrriquez, Scott McCormick, Michael Schneider, Danielle Cormier, and of Defense Cnsl Morris, Polich & Purdy, to dismiss, or for summ judgment, based on defective service of process. (jw) (Entered: 12/08/1994)

11/08/1994 1552 JOINDER by defendant Los Angeles County, defendant LASD, defendant Lynwood City Of, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva, defendant C Brantley, defendant Richard L Castro, defendant A Herrera, defendant Raymond Gott,

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defendant Unknown Radeleff, defendant M Sparks joining in defts deputies' motion for summ adj on the twenty−sixth cause of actn and in all supporting papers. Joinder (jw) (Entered: 12/08/1994)

11/09/1994 1553 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado for summary adjudication of issues on the twenty−sixth cause of action of pltf Tracy Batts , or in the alter dismissal for failure to comply wt crt ordered discovery/failure to prosecute ; motion hearing set for 12/5/94 (jw) (Entered: 12/08/1994)

11/09/1994

LODGED/PROPOSED Order (FWD TO CRD), (jw) (Entered: 12/08/1994)

11/09/1994

LODGED Prop Statmnt submitted by defendant Juan Alvarado (FWD TO CRD), (jw) (Entered: 12/08/1994)

11/10/1994 1554 NOTICE of cont od mot for summ adj to 12/5/94, 10:00 by defendant Juan Alvarado (jw) (Entered: 12/08/1994)

11/14/1994

1555

NOTICE of non−oppos to motion of defts Thomas Brownell and Timoty Running for summ adj of issues by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton, plaintiff Marrianne English, plaintiff Sergio Galindo, plaintiff Raul Gonzales, plaintiff Marcelo Gonzalez, plaintiff Richard Hernandez, plaintiff Jeffrey Holliman, plaintiff Socorro Huerta, plaintiff Eric Jones, plaintiff Sandra Leonard, plaintiff Candi Leonard, plaintiff Yidefonza Lorenzana, plaintiff Alfredo Maya, plaintiff Raul Maya, plaintiff Carlos Maya, plaintiff Marguerita Maya, plaintiff Ruben Maya, plaintiff Lupe Maya, plaintiff Natalie Melendrez, plaintiff George Mendibles, plaintiff Estella Montoya, plaintiff Raphael Ochoa, plaintiff Jose Ortega, plaintiff Delia Osita, plaintiff Patsy Perez, plaintiff Rita Preciado, plaintiff Teresa Rodriguez, plaintiff Sergio Sanchez, plaintiff Jose Sanchez, plaintiff Alfredo Sanchez, plaintiff Charles Scott, plaintiff Michael Sterling, plaintiff Kevin Marshall, plaintiff William Scott, plaintiff Alvin Washinton, plaintiff Danny Williams (jw) (Entered: 12/08/1994)

11/14/1994

1556

NOTICE of non−oppos to motion of defts Dale Huffman and Eric Huubner to dismiss, or for summ judgment by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton, plaintiff Marrianne English, plaintiff Sergio Galindo, plaintiff Raul Gonzales, plaintiff Marcelo Gonzalez, plaintiff Richard Hernandez, plaintiff Jeffrey Holliman, plaintiff Socorro Huerta, plaintiff Eric Jones, plaintiff Sandra Leonard, plaintiff Candi Leonard, plaintiff Yidefonza Lorenzana, plaintiff Alfredo Maya, plaintiff Raul Maya, plaintiff Carlos Maya, plaintiff Marguerita Maya, plaintiff Ruben Maya, plaintiff Lupe Maya, plaintiff Natalie Melendrez, plaintiff George Mendibles, plaintiff Estella Montoya, plaintiff Raphael Ochoa, plaintiff Jose Ortega, plaintiff Delia Osita, plaintiff Patsy Perez, plaintiff Rita Preciado, plaintiff Teresa Rodriguez, plaintiff Sergio Sanchez, plaintiff Jose Sanchez, plaintiff Alfredo Sanchez, plaintiff Charles Scott, plaintiff Michael Sterling, plaintiff Kevin Marshall, plaintiff William Scott, plaintiff Alvin Washinton, plaintiff Danny Williams (jw) (Entered: 12/08/1994)

11/14/1994

1557

NOTICE of non−oppos to motion of deft Neils Gittisarn to dismiss, or for summm judgmnt by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton, plaintiff Marrianne English, plaintiff Sergio Galindo, plaintiff Raul Gonzales, plaintiff Marcelo Gonzalez, plaintiff Richard Hernandez, plaintiff Jeffrey Holliman, plaintiff Socorro Huerta, plaintiff Eric Jones, plaintiff Sandra Leonard, plaintiff Candi Leonard, plaintiff Yidefonza Lorenzana, plaintiff Alfredo Maya, plaintiff Raul Maya, plaintiff Carlos Maya, plaintiff Marguerita Maya, plaintiff Ruben Maya, plaintiff Lupe Maya, plaintiff Natalie Melendrez, plaintiff George Mendibles, plaintiff Estella Montoya, plaintiff Raphael Ochoa, plaintiff Jose Ortega, plaintiff Delia Osita, plaintiff Patsy Perez, plaintiff Rita Preciado, plaintiff Teresa Rodriguez, plaintiff Sergio Sanchez, plaintiff Jose Sanchez, plaintiff Alfredo Sanchez, plaintiff Charles Scott,

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plaintiff Michael Sterling, plaintiff Kevin Marshall, plaintiff William Scott, plaintiff Alvin Washinton, plaintiff Danny Williams (jw) (Entered: 12/08/1994)

11/14/1994

1558

NOTICE of non−oppos to mot of deft John West to dismiss, or for summ judgmnt by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton, plaintiff Marrianne English, plaintiff Sergio Galindo, plaintiff Raul Gonzales, plaintiff Marcelo Gonzalez, plaintiff Richard Hernandez, plaintiff Jeffrey Holliman, plaintiff Socorro Huerta, plaintiff Eric Jones, plaintiff Sandra Leonard, plaintiff Candi Leonard, plaintiff Yidefonza Lorenzana, plaintiff Alfredo Maya, plaintiff Raul Maya, plaintiff Carlos Maya, plaintiff Marguerita Maya, plaintiff Ruben Maya, plaintiff Lupe Maya, plaintiff Natalie Melendrez, plaintiff George Mendibles, plaintiff Estella Montoya, plaintiff Raphael Ochoa, plaintiff Jose Ortega, plaintiff Delia Osita, plaintiff Patsy Perez, plaintiff Rita Preciado, plaintiff Teresa Rodriguez, plaintiff Sergio Sanchez, plaintiff Jose Sanchez, plaintiff Alfredo Sanchez, plaintiff Charles Scott, plaintiff Michael Sterling, plaintiff Kevin Marshall, plaintiff William Scott, plaintiff Alvin Washinton, plaintiff Danny Williams (jw) (Entered: 12/08/1994)

11/14/1994

1559

WITNESS list submitted by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton, plaintiff Marrianne English, plaintiff Sergio Galindo, plaintiff Raul Gonzales, plaintiff Marcelo Gonzalez, plaintiff Richard Hernandez, plaintiff Jeffrey Holliman, plaintiff Socorro Huerta, plaintiff Eric Jones, plaintiff Sandra Leonard, plaintiff Candi Leonard, plaintiff Yidefonza Lorenzana, plaintiff Alfredo Maya, plaintiff Raul Maya, plaintiff Carlos Maya, plaintiff Marguerita Maya, plaintiff Ruben Maya, plaintiff Lupe Maya, plaintiff Natalie Melendrez, plaintiff George Mendibles, plaintiff Estella Montoya, plaintiff Raphael Ochoa, plaintiff Jose Ortega, plaintiff Delia Osita, plaintiff Patsy Perez, plaintiff Rita Preciado, plaintiff Teresa Rodriguez, plaintiff Sergio Sanchez, plaintiff Jose Sanchez, plaintiff Alfredo Sanchez, plaintiff Charles Scott, plaintiff Michael Sterling, plaintiff Kevin Marshall, plaintiff William Scott, plaintiff Alvin Washinton, plaintiff Danny Williams (jw) (Entered: 12/08/1994)

11/14/1994 1560 NOTICE OF JOINDER by defendant Thomas Zampiello joining motion for summary adjudication of issues on the twenty−sixth cause of action of pltf Tracy Batts [1553−1], motion dismissal for failure to comply wt crt ordered discovery/failure to prosecute [1553−2] Joinder (jw) (Entered: 12/08/1994)

11/14/1994 1561 DECLARATION of Michael Pippin,Dan Raimos, Greg Thompson, Joseph Sheehy,and Jeffrey Leslie by defendant Juan Alvarado re [1553−1], re [1553−2] (jw) (Entered: 12/08/1994)

11/14/1994 1583 REPLY in supprt of mtns to dism & mtn to quast svc by defendant Martin Rodriguez, defendant Scott Lee McCormick, defendant Michael Schneider, defendant Danielle Cormier (lm) Modified on 02/24/1995 (Entered: 02/06/1995)

11/15/1994

1562

REQUEST by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton, plaintiff Marrianne English, plaintiff Sergio Galindo, plaintiff Raul Gonzales, plaintiff Marcelo Gonzalez, plaintiff Richard Hernandez, plaintiff Jeffrey Holliman, plaintiff Socorro Huerta, plaintiff Eric Jones, plaintiff Sandra Leonard, plaintiff Candi Leonard, plaintiff Yidefonza Lorenzana, plaintiff Alfredo Maya, plaintiff Raul Maya, plaintiff Carlos Maya, plaintiff Marguerita Maya, plaintiff Ruben Maya, plaintiff Lupe Maya, plaintiff Natalie Melendrez, plaintiff George Mendibles, plaintiff Estella Montoya, plaintiff Raphael Ochoa, plaintiff Jose Ortega, plaintiff Delia Osita, plaintiff Patsy Perez, plaintiff Rita Preciado, plaintiff Teresa Rodriguez, plaintiff Sergio Sanchez, plaintiff Jose Sanchez, plaintiff Alfredo Sanchez, plaintiff Charles Scott, plaintiff Michael Sterling, plaintiff Kevin Marshall, plaintiff William Scott, plaintiff Alvin Washinton, plaintiff Danny Williams for judicial notc,exh (jw) (Entered: 12/08/1994)

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11/15/1994 1584 Opp to dft Thomas Harvey mtn for summary judgment of eighteenth cause of actn by plaintiffs (lm) Modified on 02/24/1995 (Entered: 02/06/1995)

11/17/1994 1585 REPLY in supprt of mtn to dism or in alt sumjgm by defendant T J Harvey (lm) Modified on 02/24/1995 (Entered: 02/06/1995)

11/18/1994 1563 REQUEST by defendant Juan Alvarado for judicial notice (jw) (Entered: 12/08/1994)

11/18/1994 1564 NOTICE OF MOTION AND MOTION by defendant Juan Alvarado for summary adjudication of issues on the twenty−fourth cause of action ; motion hearing set for 10:00 12/12/94 (jw) (Entered: 12/08/1994)

11/18/1994

LODGED Prop Statement submitted by defendant Juan Alvarado (FWD TO CRD) (jw) (Entered: 12/08/1994)

11/18/1994

LODGED/PROPOSED Order (FWD TO CRD) (jw) (Entered: 12/08/1994)

11/18/1994

1565

NOTICE OF JOINDER by defendant Los Angeles County, defendant LASD, defendant Lynwood City Of, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva, defendant C Brantley, defendant Richard L Castro, defendant Raymond Gott, defendant A Herrera, defendant Unknown Radeleff, defendant M Sparks joining motion for summary adjudication of issues on the twenty−fourth cause of action [1564−1] Joinder (jw) (Entered: 12/08/1994)

11/18/1994 1586 SUPPLEMENTAL rply in supprt of mtn to dism by defendant T J Harvey (lm) Modified on 02/24/1995 (Entered: 02/06/1995)

11/22/1994 1587 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 11/7/94 (Re: ) CR: M. Beesley (lm) Modified on 02/24/1995 (Entered: 02/06/1995)

11/23/1994 1566 DECLARATION of Carol A. Humiston and Beth A. Kahn re pltfs' non−ompliance with crt ord of 11/7/94, directing prep of pretrial ocnf ord pertaining to legal claims of pltfs Tomas, Sterling, Marshall and Scott;exhbts by defendant Juan Alvarado (jw) (Entered: 12/08/1994)

11/23/1994 1567 ANSWER to First Amended Complt by defendant Katherine Brown−Voyer; jury demand (jw) (Entered: 12/08/1994)

11/23/1994 1568 ANSWER to First Amended Complaint by defendant Michael Pippin; jury demand (jw) (Entered: 12/08/1994)

11/23/1994 1569 ANSWER to FIirst Amended Complt by defendant James Pacina; jury demand (jw) (Entered: 12/08/1994)

11/23/1994 1570 ANSWER to First Amended Complt by defendant Kevin J Kiff; jury demand (jw) (Entered: 12/08/1994)

11/23/1994 1571 ANSWER to First Amended Complt by defendant John Mossotti; jury demand (jw) (Entered: 12/08/1994)

11/23/1994 1572 ANSWER to First Amended Complt by defendant Kelly (Gill) McMichael; jury demand (jw) (Entered: 12/08/1994)

11/23/1994 1573 ANSWER to First Amended Complt by defendant Dan Raimo; jury demand (jw) (Entered: 12/08/1994)

11/23/1994 1574 ANSWER to FIRST AMENDED COMPLT by defendant Michael Voge; jury demand (jw) (Entered: 12/08/1994)

11/23/1994 1575 ANSWER to First Amended Compl by defendant Ruben Gracia; jury demand (jw) (Entered: 12/08/1994)

11/23/1994 1576 ANSWER to First Amended Complt by defendant James Corrigan; jury demand (jw) (Entered: 12/08/1994)

11/23/1994 1577 ANSWER to First Amended Complt by defendant Douglas Gillies; jury demand (jw) (Entered: 12/08/1994)

11/23/1994 1578 ANSWER to First Amended Complt by defendant Gregory Thompson; jury demand (jw) (Entered: 12/08/1994)

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11/23/1994 1588 STATEMENT of Genuine issues remaining in dispute by plaintiff Tracy Batts (lm) Modified on 02/24/1995 (Entered: 02/06/1995)

11/23/1994 1589 Opp to dft Michael Pippin mtn for sum jgm by plaintiff Tracy Batts to (lm) Modified on 02/24/1995 (Entered: 02/06/1995)

11/28/1994 1579 MINUTES: ; pretrial conference on 11:30 1/9/95 by Judge Terry J. Hatter. Matter referred to Mag Judge Eick for scheduling of flg motions, in limine motions and taking of discovery re experts re Tomas case. CR: Maria Beesley (jw) (Entered: 12/08/1994)

11/28/1994

1580

EX PARTE APPLICATION for ord cont'gg hrg on defts' mot for summ adj of issues by plaintiff Darren Thomas, plaintiff Jesus Avila, plaintiff Ernesto Avila, plaintiff Tracy Batts, plaintiff Aaron Breitigam, plaintiff Antonio Caballero, plaintiff Ruben Calderon, plaintiff Carolina Calderon, plaintiff Linda Calderon, plaintiff Jorge Calderon, plaintiff Demetrio Carillo, plaintiff Elzie Coleman, plaintiff Dolores Dalton, plaintiff Marrianne English, plaintiff Sergio Galindo, plaintiff Raul Gonzales, plaintiff Marcelo Gonzalez, plaintiff Richard Hernandez, plaintiff Jeffrey Holliman, plaintiff Socorro Huerta, plaintiff Eric Jones, plaintiff Sandra Leonard, plaintiff Candi Leonard, plaintiff Yidefonza Lorenzana, plaintiff Alfredo Maya, plaintiff Raul Maya, plaintiff Carlos Maya, plaintiff Marguerita Maya, plaintiff Ruben Maya, plaintiff Lupe Maya, plaintiff Natalie Melendrez, plaintiff George Mendibles, plaintiff Estella Montoya, plaintiff Raphael Ochoa, plaintiff Jose Ortega, plaintiff Delia Osita, plaintiff Patsy Perez, plaintiff Rita Preciado, plaintiff Teresa Rodriguez, plaintiff Sergio Sanchez, plaintiff Jose Sanchez, plaintiff Alfredo Sanchez, plaintiff Charles Scott, plaintiff Michael Sterling, plaintiff Kevin Marshall, plaintiff William Scott, plaintiff Alvin Washinton, plaintiff Danny Williams (jw) (Entered: 12/08/1994)

11/28/1994

LODGED/PROPOSED Order (FWD TO CRD) (jw) (Entered: 12/08/1994)

11/28/1994 1581 OBJECTIONS by defendants to [1580−1] (jw) (Entered: 12/08/1994)

11/28/1994 1590 STIPULATION and ORDER to cont hrg on mtns for Judicial Determination Re: Definition of "Prevailing Pty" now set for hrg on 11/28/94 is cont to 12/12/94 by Judge Terry J. Hatter(lm) Modified on 02/27/1995 (Entered: 02/06/1995)

11/29/1994 1591 Reply in supprt of mtn for summary adjudication of issues on the twenty−sixth cause of actn by dfts (lm) Modified on 02/27/1995 (Entered: 02/06/1995)

12/01/1994 1592 ORDER by Judge Terry J. Hatter tht hearing on motion for summary adjudication of issues on the twenty−fourth cause of action [1564−1] is cont 1/9/95 (lm) Modified on 02/27/1995 (Entered: 02/06/1995)

12/01/1994 1593 MINUTES: In accordance w/Judge Hatter's 11/28/94 M.O. Mag Judge Eick will hold hrg re a briefing sche for mtns & for expert discvry. Hrg will occur on 12/9/94 at 9:00 am by Discovery Charles F. Eick CR: N/A (lm) Modified on 02/27/1995 (Entered: 02/06/1995)

12/07/1994 1594 Ex parte APPLICATION for stay of crt's 11/30/94 ord denying mtn to quash svc etc by defendants (lm) Modified on 02/27/1995 (Entered: 02/06/1995)

12/07/1994

LODGED/PROPOSED Order (FWD TO CRD) (lm) (Entered: 02/06/1995)

12/09/1994 1595 ORDER by Judge Terry J. Hatter granting ex parte application [1530−1] Ord that this crts 11/30/94 Ord denying mtn to Quash Svc is stayed pending final resolution of their Petn for Writ of Mandamus. (lm) Modified on 02/27/1995 (Entered: 02/06/1995)

12/09/1994 1596 MINUTES: Hrg re briefing sched for mtns/sched expert discvry. Matter is cont to 1/13/95 at 9:00 am re schelng of expect discvry. by Discovery Charles F. Eick CR: Tape No 774 (lm) Modified on 02/27/1995 (Entered: 02/06/1995)

12/15/1994 1597 PROOF OF SERVICE by defendants of Ord granting exparte appl srvd on 12/12/94 by mail (see attached svc list) (lm) Modified on 02/27/1995 (Entered: 02/03/1995)

12/16/1994 1598 Ex Parte APPLICATION for Ord granting plas additioal ti to svc cmp by plaintiffs (lm) Modified on 02/27/1995 (Entered: 02/03/1995)

12/16/1994

LODGED/PROPOSED Order (FWD TO CRD) (lm) (Entered: 02/03/1995)

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12/16/1994 1599 ORDER by Judge Terry J. Hatter granting application [1504−1] Pla hv until 1/31/95 to mk svc of S/C upon dft Curtis Golden & Jerold Reeves. (lm) Modified on 02/27/1995 (Entered: 02/03/1995)
12/16/1994 1600 ANSWER to 1st A/C by defendant Martin Rodriguez; jury demand(lm) Modified on 02/27/1995 (Entered: 02/03/1995)
12/16/1994 1601 ANSWER to 1st A/C by defendant Michael Schneider (lm) Modified on 02/27/1995 (Entered: 02/03/1995)
12/16/1994 1602 ANSWER to 1st A/C by defendant Scott Lee McCormick; jury demand (lm) Modified on 02/28/1995 (Entered: 02/03/1995)
12/16/1994 1603 ANSWER to 1st A/C by defendant Danielle Cormier; jury demand (lm) Modified on 02/28/1995 (Entered: 02/03/1995)
12/16/1994 1604 ANSWER to 1st A/C by defendant T Brownell; jury demand (lm) Modified on 02/28/1995 (Entered: 02/03/1995)
12/16/1994 1605 ANSWER to 1st A/C by defendant T Running; jury demand (lm) Modified on 02/28/1995 (Entered: 02/03/1995)
12/16/1994 1606 NOTICE OF MOTION AND MOTION by plaintiff to compel complaincee w/crt ord re retn of orig audio & video tapes motion hearing set for 10:00 12/30/94 (lm) Modified on 02/28/1995 (Entered: 02/08/1995)
12/19/1994 1607 NOTICE on mtn & mtn to compel compliance w/crt ord of 7/11/94, by plaintiffs (lm) Modified on 02/28/1995 (Entered: 02/08/1995)
12/19/1994 1608 Discovery STIPULATION re compliance w/ crt ord of 7/11/94 by pla(s) (lm) Modified on 02/28/1995 (Entered: 02/08/1995)
12/19/1994 1609 MINUTES: denying w/o prej motion to compel complaince w/crt ord re retn of orig audio & video tapes [1533−1] by Discovery Charles F. Eick CR: N/A (lm) Modified on 02/28/1995 (Entered: 02/08/1995)
12/20/1994 1610 DECLARATION of Carol Ann Humiston in opp to pla's exparte appl for ord granting pla's additional ti to srv cmp on dfts, (lm) Modified on 02/28/1995 (Entered: 02/08/1995)
12/20/1994 1611 Opposition to plas exparte appl for ord granting plas additional ti to svc cmp on dfts Curtis Golden & Jerold Reeves by defendants (lm) Modified on 02/28/1995 (Entered: 02/08/1995)
12/21/1994 1612 NOTICE of hearing ; IN COURT HEARING RE: Motion to Compliance w/crt ord, Req for monetary sanctions set on 9:00 12/30/94 (lm) Modified on 04/27/1995 (Entered: 02/03/1995)
12/22/1994 1613 Opp to plas mtn to compliance w/crt ord re retn of original audio & video tapes by defendant Andre Pinesett to (lm) Modified on 02/28/1995 (Entered: 02/03/1995)
12/23/1994 1614 STIPULATION and ORDER by Discovery Charles F. Eick ; IN COURT HEARING RE: motion to comple discovery is cont on 9:00 1/13/95 (lm) Modified on 04/27/1995 (Entered: 02/03/1995)
12/27/1994 1615 Separate STATEMENT of Genuine issues of material fact in opp to dfts mtn for sum adjudication by plaintiffs (lm) Modified on 05/15/1995 (Entered: 02/03/1995)
12/27/1994 1616 Opp by plaintiffs to motion for summary adjudication of issues on the twenty−fourth cause of action [1564−1] (lm) Modified on 05/15/1995 (Entered: 02/03/1995)
12/27/1994 1617 NOTICE to Non−opposition by plaintiff Marcelo Gonzalez to dfts mtn for summary adjudication (lm) Modified on 05/15/1995 (Entered: 02/06/1995)
01/03/1995 1619 REPLY in supprt of mtn for sum adjudication of issues on the twenty−fourth cause of actn by dfts deputy sheriffs (lm) Modified on 05/15/1995 (Entered: 02/08/1995)
01/04/1995 1620 ORDER tht ord filed 1/3/95 granting pla's exparte appl granting pla's additional time to svc dfts Curtis Golden & Jerold Reeves & compelling dfts to produce doc(s) be & hereby is VACATED, fur Ord tht pla's exparte appl be & hereby is DENIED by Judge

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 65 of 87

Terry J. Hatter (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/06/1995 1621 NOTICE OF MOTION AND MOTION for summary adjudication on third cause of actn as to pla's Candi & Sandra Leonard ; motion hearing set for 1/30/95 (under submission) (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/09/1995

1622

PRETRIAL CONFERENCE ORDER re legal clms of pla(s) Thomas, Sterling, Marshall & Scott, this Pretrial Conf Ord shall supersede the pldgs w/respect to the issue of the clms for damages of Darren Thomas, Michael Sterling, William Scott, & Kevin Marshall & sh govern the course of the trial of this clm unless modified to prevent manifest injustice by Judge Terry J. Hatter (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/09/1995 1623 MINUTES: ; pretrial conf held 1/9/95 Pla to inform dfts on 1/12/95 if expert testimony will be given. In limine mtns to be fld nlt 30 days prior to trial date. P/T mtns to be fld by 2/10/95. by Judge Terry J. Hatter CR: Maria Beesley (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/09/1995 1624 SUPPLEMENTAL memo of P/A in opp to pla's mtn to comple complaince w/crt ord by defendant Los Angeles County, defendant Sherman Block (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/13/1995 1625 NOTICE OF MOTION AND MOTION for summary adjudication of issues re fourth cause of actn ; motion hearing set for 10:00 2/6/95 by dfts Sheriff's Deputies (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/13/1995 1626 NOTICE OF MOTION AND MOTION for judgment in favor of dfts Jeffrey Leslie & Joseph Sheehy ; motion hearing set for 10:00 2/6/95 by dfs Shefiff's Deputies (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/13/1995 1627 NOTICE OF MOTION AND MOTION by plaintiff Tracy Batts to withdraw admission ; motion hearing set for 9:00 2/3/95 (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/13/1995 1628 JOINT STIPULATION re [1547−1] Tracy Batts' mtn to withdraw admission (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/13/1995 1629 MINUTES: Mtn to compel compliance w/crt ord of 7/11/94. Crt ords dfts sh svc plas w/i 2 wks a particularized, written resp to plas 1/12/95 memo. Request for Sanctions is Denied w/o prej by Discovery Charles F. Eick CR: Tape No. 783 784 (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/17/1995

1630

MINUTES: Crt is in receipt of Tracy Batts mtn to W/draw Admission fld 1/13/95. The previously notcd Jan 27 & Feb 3, 1995 hrg dates are vacated. Pty to fi suppl memo bef 1/27/95. At the ti crt will tk mtn under submission w/o oral argument. by Discovery Charles F. Eick CR: N/A (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/17/1995 1631 NOTICE of change of date of hrg on Tracy Batts' mtn to w/draw admission. New date 2/3/95 by plaintiffs (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/18/1995 1632 Ntc of JOINDER in dft Deputies mtn for summary adjudication on the fourth cause if actn as to pla(s) William Scott and Kevin Marshall by Cnty & City dfts Joinder (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/18/1995 1633 Ntc of JOINDER in dft deputies mtn for summary adjudication on the third cause of actn by Cnty & City dfts Joinder (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/20/1995 1634 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 1/9/95 (Re: ) CR: M. Beesley (app) Modified on 05/15/1995 (Entered: 01/26/1995)

01/20/1995

LODGED (9th CC: Order): The petition for writ of mandamus raises iss that warrant a resp. Within 21 days of the date of this ord, the real ptys in interest shall fi an ans to petition. The ans shall be served on the petitioner by overnight mail or messenger. Petitioner shall fi a rply within 14 days of svc of the ans. Ptys shall address the factors set forth in Bauman v. United States Dist crt. The petition will be referred to the next available mots panel. (dlu) (Entered: 02/14/1995)

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 66 of 87

01/24/1995 1635 NOTICE OF DISCREPANCY AND ORDER tht doc entitled Mtn in limine are not to be fld instead rejected & retn to cnsl by Discovery Charles F. Eick (cc: all counsel) (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/27/1995 1636 SUPPLEMENTAL memo in opp to plas mtn to withdraw admissions by dfts (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/30/1995

1637

MINUTES: Crt has read & considered papers fld in suprt & in opp to Tracy Batts mtn to w/draw admission. Crt has tkn mtn under sudmission w/o oral argument. The motion is granted [1547−1] This ruling is not intended & shall not be construed to affect prior adjudications under rule 56 by Discovery Charles F. Eick CR: N/A (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/30/1995 1638 NOTICE OF MOTION AND MOTION in limine to exclude testimony of "expert" James Fyfe ; motion hearing set for 10:00 2/20/95 by dfts (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/30/1995 1643 Opp to dfts mtn for summary to motion for summary adjudication of issues re fourth cause of actn [1545−1] (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

01/30/1995 1639 STATEMENT of Genuine issues remaining in dispute by pla(s) (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

02/02/1995 1640 STIPULATION and ORDER tht dfts sh hv to 1/30/95 to svc their particularized written resp & fur suppltl production on pla(s) by Discovery Charles F. Eick (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

02/03/1995 1641 REPLY in supprt of mtn for summary adjudication of issues re fourth cause of actn by dfts (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

02/07/1995 1642 NOTICE of lodging authorities in suprt of mtn for summary adjudication of issues re fourth cause of actn by dfts. (lm) Modified on 05/15/1995 (Entered: 02/08/1995)

02/08/1995 1644 EX PARTE APPLICATION by plaintiffs for ord compelling depo of defense expert Beauchamp Hyde (dhl) Modified on 05/15/1995 (Entered: 02/24/1995)

02/08/1995

1647

MINUTES: re hrg on plfs' ex parte applic for ord compelling depo of defense expert Beauchamp Hyde and re hrg on dfts' ex parte applic for ord enforcing prior discovery ords re depos and cont depo of Beauchamp Hyde: it is ord that the depo of Beauchamp Hyde shl go forward on 2/9/95. Mr. Cook and any other plfs' cnsl who attend the depo of Mr. Hyde shl not communicate to Mr. Maher or other plfs' cnsl anything concerning the content of Mr. Hyde's depo until after Mr. Maher's depo is completed. In all other respects, both ex parte applications are denied. by Discovery Charles F. Eick CR: Tape 801 (dhl) (Entered: 05/16/1995)

02/09/1995 1648 NOTICE OF DISCREPANCY AND ORDER by Discovery Charles F. Eick that ex parte application for order enforcing discovery ords, lodged on 2/8/95, is to be fld & processed (dhl) (Entered: 05/16/1995)

02/09/1995 1649 EX PARTE APPLICATION by defendants for ord enforcing prior discovery orders re depos and cont depo of Beauchamp Hyde; opp to plfs' ex parte applic for any contrary orders (dhl) (Entered: 05/16/1995)

02/13/1995

1650

NOTICE OF MOTION AND MOTION by defendants County of LA, City of Lynwood, LA County Sheriff's Dept, Sheriff Sherman Block, Robert Edmonds, Jerry Harper, Richard Foreman and Bert J Cueva for summary adjudication of issues on the 2nd and 3rd causes of action re plfs Darren Thomas, Kevin Marshall, William Scott and Michael Sterling ; motion hearing set for 10:00 3/6/95 (dhl) (Entered: 05/16/1995)

02/13/1995

LODGED/PROPOSED Order and stmt (FWD TO CRD) (dhl) (Entered: 05/16/1995)

02/14/1995 1651 Further opp by plaintiff Tracy Batts to Michael Pippin's mtn for S/J (dhl) (Entered: 05/16/1995)

02/16/1995 1653 EX PARTE APPLICATION by defendants for ord compelling Patrick Maher's compliance with subpoena duces tecum for depo on 2/20/95, or in the alternative, for other appropriate relief (dhl) (Entered: 05/17/1995)

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02/16/1995

LODGED/PROPOSED Order (FWD TO CRD) (dhl) (Entered: 05/17/1995)

02/17/1995 1654 STIPULATION and ORDER by Judge Terry J. Hatter that the hearing and/or submission of dfts' mtn for summary adjudication of issues re 2nd and 3rd causes of action be cont until 4/3/95 and that opp to the mtn be fld NLT 3/6/95 and that dfts' reply be fld NLT 3/27/95 (dhl) (Entered: 05/17/1995)

02/17/1995 1655 ORDER by Discovery Charles F. Eick granting application [1653−1]. Patrick Maher is ordered to comply with the subpoena duces tecum served on him on or before 2/20/95 (dhl) (Entered: 05/17/1995)

02/23/1995

1656

ORDER by Judge Terry J. Hatter that dfts' mtn for summary adjudication on the fourth cause of action on the issue of validity of the arrests of plfs William Scott and Kevin Marshall is denied. It is ord, sua sponte, that summary adjudication for plfs on the fourth cause of action on the issue of the unlawfulness of William Scott's and Kevin Marshall's arrests is granted (dhl) (Entered: 05/17/1995)

03/06/1995 1657 NOTICE OF MOTION AND MOTION by defendants for reconsideration of Crt's 2/23/95 ord granting summary adjudication for plfs on validity of arrests of William Scott and Kevin Marshall ; motion hearing set for 10:00 4/3/95 (dhl) (Entered: 05/17/1995)

03/07/1995

1658

ORDER by Judge Terry J. Hatter re: dft Michael Pippin's mtn for summary adjudication on the 26th cause of action or in alt to dism: mtn is denied. Further ordered, sua sponte. that effective immediately, plfs' lead cnsl shl be held personally accountable for the inactions of any of plfs' attys. Further ord, sua sponte, that, effective immediately, any document that is untimely fld by any pty will result in the imposition of a $1,000.00 sanction agnst the atty who signed the document, in addition the Crt may disregard the document. (dhl) (Entered: 05/17/1995)

03/07/1995

1659

ORDER by Judge Terry J. Hatter re dfts' mtn for summary adjudication on the 24th cause of action as to the validity of the arrests of plfs Marcelo Gonzalez and Eric Jones: mtn is denied. It is further ordered that the mtn for summary adjudication on the 24th cause of action as to the validity of the arrest of Marcelo Gonzalez is granted (dhl) (Entered: 05/17/1995)

03/08/1995

LODGED/PROPOSED Order submitted by plf gr lv to file opp of dfts mot for summ adj (FWD TO CRD) (weap) Modified on 03/14/1995 (Entered: 03/10/1995)

03/08/1995 1652 Opp by plaintiffs to dfts' mtn for summary adjudication of issues on second and third causes of action (dhl) (Entered: 05/17/1995)

03/08/1995 1660 STATEMENT of genuine issues of material fact by plaintiffs (dhl) (Entered: 05/17/1995)

03/08/1995 1662 APPLICATION by plaintiffs for leave to file opp to dfts' mtn for summary adjudication of 2nd and 3rd causes of action two days late (dhl) (Entered: 05/17/1995)

03/08/1995

LODGED/PROPOSED Order (FWD TO CRD) (dhl) (Entered: 05/17/1995)

03/10/1995 1661 ORDER by Judge Terry J. Hatter that plfs may file their opp to dfts' mtn for summary adjudication of 2nd and 3rd causes of action two days late (dhl) (Entered: 05/17/1995)

03/10/1995

1663

ORDER by Judge Terry J. Hatter re dfts' mtn in limine to exclude the testimony of plfs' expert, James Fyfe: mtn is denied. Further ord that dfts shl have 30 days from the flg date of this ord to designate an additional expert to rebut James Fyfe's expected testimony. It is further ordered that plfs shl have 30 days from the date of dfts' designation of an additional expert to depose that expert (dhl) (Entered: 05/17/1995)

03/14/1995 1664 Opp by plaintiffs to motion for reconsideration of Crt's 2/23/95 ord granting summary adjudication for plfs on validity of arrests of William Scott and Kevin Marshall [1657−1] (dhl) (Entered: 05/17/1995)

03/17/1995 1665 EX PARTE APPLICATION by defendants for ord compelling plfs to produce Mayer Schames at depo purs to subp duces tecum on 3/24/95 or in the alt for other appropriate relief; req for sanctions against plfs' cnsl (dhl) (Entered: 05/17/1995)

03/17/1995

LODGED/PROPOSED Order (FWD TO CRD) (dhl) (Entered: 05/17/1995)

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03/20/1995 1666 Reply memo P&A in suppt by defendants to motion for reconsideration of Crt's 2/23/95 ord granting summary adjudication for plfs on validity of arrests of William Scott and Kevin Marshall [1657−1] (dhl) (Entered: 05/23/1995)

03/22/1995 1667 MINUTES: denying w/o prej ex parte application for ord to compel [1665−1] by Discovery Charles F. Eick CR: n/a (dhl) (Entered: 05/23/1995)

03/22/1995 1668 Opposition by plaintiff Darren Thomas to [1665−1] (dhl) (Entered: 05/23/1995)

03/27/1995

1669

MINUTES: The Court is in receipt of dfts' motion for determination of reasonable expert fee for depo for Mayer Schames, DDS, lodged 3/24/95. The motion is ord fld. The previously noticed 4/7/95 hearing date is vacated. Any party may file a supplemental memo on or before 4/3/95. At that time, the Crt will take the motion undr submission without oral argument, unless the Crt otherwise orders. Courtesy copies of all supplemental memoranda shall be delivered directly to Room 342. by Discovery Charles F. Eick CR: n/a (dhl) (Entered: 05/23/1995)

03/27/1995 1670 NOTICE OF MOTION AND MOTION by defendants for determination of reasonable expert fee for depo for Mayer Schames, DDS ; motion hearing set for 9:00 4/7/95 (dhl) (Entered: 05/23/1995)

03/27/1995 1671 OBJECTIONS by defendants to evidence (dhl) (Entered: 05/23/1995)

03/27/1995 1672 Reply memo P&A in suppt by defendants to motion for summary adjudication of issues on the 2nd and 3rd causes of action re plfs Darren Thomas, Kevin Marshall, William Scott and Michael Sterling [1650−1] (dhl) (Entered: 05/23/1995)

03/28/1995

LODGED (9th CC: Order): The petition for writ of mandamus is granted. The dist crt is directed to vacate that part of its 11/28/94 ord denying the motion of petitoners, Morris, Polich & Purdy, to quash svc of process on dft's Curtis Golden & Jerold Reeves. Furthermore, the dist crt is directed to vacate that part of its 9/16/94 ord directing Morris, Polich & Purdy to accept svc of process on behalf of dfts Golden & Reeves. (dlu) (Entered: 04/10/1995)

03/28/1995 1673 ORDER by Judge Terry J. Hatter denying motion for reconsideration of Crt's 2/23/95 ord granting summary adjudication for plfs on validity of arrests of William Scott and Kevin Marshall [1657−1] (dhl) (Entered: 05/23/1995)

03/28/1995 1674 EX PARTE APPLICATION by plaintiffs for order granting plfs additional time to serve cmp upon dfts Curtis Golden and Jerold Reeves and compelling dfts to produce documents (dhl) (Entered: 05/23/1995)

03/28/1995

LODGED/PROPOSED Order (FWD TO CRD) (dhl) (Entered: 05/23/1995)

03/29/1995 1675 Opposition by defendants to [1674−1] (dhl) (Entered: 05/23/1995)

03/29/1995 1675 REQUEST by defendants for sanctions against plfs and their counsel (dhl) (Entered: 05/23/1995)

03/30/1995 1676 Reply by plaintiffs to motion for determination of reasonable expert fee for depo for Mayer Schames, DDS [1670−1] (dhl) (Entered: 05/23/1995)

03/30/1995 1677 JOINDER by County and City defendants joining opposition [1675−1] Joinder (dhl) (Entered: 05/23/1995)

03/31/1995 1645 CERTIFIED COPY of Appellate Court Order: tht the ptn for writ of mandamus is GR; and tht the disc crt to vacate part of the 9−16−94 ord directing Morris, Polich, Prudy to accept svc for Golden and Reeves shall be fld and spread upon the rcds of the crt. (ENT 4−3−95) (ab) Modified on 05/15/1995 (Entered: 04/03/1995)

03/31/1995 1646 MO−MANDATE from Circuit Court of Appeals directing crt to vacate the part of 9−16−94 ord directing Morris, Polich, Prudy to accept svc for Golden and Reeves shall be fld and spread upon the rcds of the crt. (ab) Modified on 05/15/1995 (Entered: 04/03/1995)

04/03/1995

LODGED/PROPOSED Order setting the determination of reasonable attorney's fees for depo of Mayer Schames, DDS (FWD TO CRD) (dhl) (Entered: 05/23/1995)

04/03/1995 1678 NOTICE OF WITHDRAWAL by plaintiffs withdrawing application [1674−1] (dhl) (Entered: 05/23/1995)

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 69 of 87

04/03/1995 1679 DECLARATION of Janet M Richardson by defendants in resp to [1678−1] (dhl) (Entered: 05/23/1995)

04/03/1995 1680 Supplemental MEMORANDUM P&A by defendants in support of motion for determination of reasonable expert fee for depo for Mayer Schames, DDS [1670−1] (dhl) (Entered: 05/23/1995)

04/03/1995 1681 Amended OBJECTIONS by defendants to evidence (dhl) (Entered: 05/23/1995)

04/03/1995 1682 NOTICE OF MOTION AND MOTION by defendants in limine to exclude questioning testimony, reference, argument or comment regarding Kolts report ; motion hearing set for 10:00 4/17/95 (dhl) (Entered: 05/23/1995)

04/03/1995

1683

MINUTES: Crt has read and considered all papers fld in suppt of and in opp to dfts' ex parte applic for ord compelling appearance of plfs' expert James J Fyfe, etc, rcvd 4/3/95. The Crt has taken the application under submission w/o oral argument. James Fyfe shall appear for depo for two consecutive days, prior to 4/24/95. The two consecutive days may be a Saturday and a Sunday. The time w/in which dfts may designate an additional expert to rebut James Fyfe's expected testimony is ext to 4/25/95. Except as expressly stated herein, the application is denied. Relief sought in plfs' opp likewise is denied. by Discovery Charles F. Eick CR: n/a (dhl) (Entered: 05/23/1995)

04/03/1995 1718 NOTICE OF MOTION AND MOTION by plaintiffs for order granting plfs additional time to serve cmp upn dfts Curtis Golden and Jerold Reeves ; motion hearing set for 10:00 4/24/95 (dhl) (Entered: 05/31/1995)

04/04/1995

1684

MINUTES: denying motion for determination of reasonable expert fee for depo for Mayer Schames, DDS [1670−1]. Dr. Schames' "reasonable fee for time spent in responding to discovery" under the circumstances of this case is $500 per hour. Dfts need not compensate Dr. Schames for travel time. All ptys' requests for sanctions are denied. by Discovery Charles F. Eick CR: n/a (dhl) (Entered: 05/23/1995)

04/04/1995 1685 NOTICE OF DISCREPANCY AND ORDER by Discovery Charles F. Eick that ex parte applic to compel expert Fyfe depo, lodged on 4/3/95, is to be fld & processed (dhl) (Entered: 05/23/1995)

04/04/1995 1686 Amended NOTICE by defendants resetting hearing on motion in limine to exclude questioning testimony, reference, argument or comment regarding Kolts report [1682−1] 10:00 4/24/95 (dhl) (Entered: 05/23/1995)

04/04/1995 1687 EX PARTE APPLICATION by defendants for order compelling appearance of pla's expert James J Fyfe at depo on 4/4/95 and/or 4/5/95 (dhl) (Entered: 05/23/1995)

04/04/1995 1688 Opposition by plaintiffs to [1687−1] (dhl) (Entered: 05/23/1995)

04/10/1995 1689 NOTICE OF MOTION AND MOTION by defendants in limine to exclude questioning, testimony, reference, argument or comment regarding Kolts report ; motion hearing set for 10:00 5/1/95 (dhl) (Entered: 05/23/1995)

04/11/1995 1690 Opp by defendants to motion for order granting plfs additional time to serve cmp upn Curtis Golden and Jerold Reeves (dhl) (Entered: 05/23/1995)

04/12/1995 1691 STIPULATION and ORDER by Judge Terry J. Hatter that the hrg on dfts' mtn in limine to prohibit use of the Kolts Report at trial may be set on 5/1/95 at 10:00am. Any opp to the mtn shall be fld & srvd NLT 4/17/95, and any reply shl be fld and srvd NLT 4/24/95 (dhl) (Entered: 05/23/1995)

04/13/1995 1692 NOTICE by plaintiffs of withdrawal of cnsl. Plfs' cnsl James O Foster withdraws as cnsl by reason of his temporary suspension from practice (dhl) (Entered: 05/23/1995)

04/13/1995 1693 Notice of JOINDER by county and city defendants joining opposition [1690−1] Joinder (dhl) Modified on 05/23/1995 (Entered: 05/23/1995)

04/14/1995 1694 NOTICE OF MOTION AND MOTION by defendants for payment of sanctions , and for attorney fees/costs against plfs and plfs' cnsl , and for compliance with subpoena duces tecum and Rule 35, Federal Rules of Civil Procedure ; motion hearing set for 10:00 4/28/95 (dhl) (Entered: 05/23/1995)

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04/17/1995 1695 Memo of law in opp by plaintiffs to motion in limine to exclude questioning, testimony, reference, argument or comment regarding Kolts report [1689−1] (dhl) (Entered: 05/23/1995)

04/17/1995 1696 Reply memo in suppt by plaintiffs to motion for ord granting plfs additional time to serve cmp upon dfts Curtis Golden and Jerold Reeves (dhl) (Entered: 05/23/1995)

04/17/1995 1697 EX PARTE APPLICATION by defendants for ord compelling appearance of plfs' expert James Fyfe for deposition on 4/19/95, and for reasonable atty's fees, costs and sanctions against plfs and plfs' cnsl (dhl) (Entered: 05/23/1995)

04/17/1995 1698 NOTICE OF MOTION AND MOTION by defendants for certification of Crt's 2/23/95 order for interlocutory appeal ; motion hearing set for 10:00 5/8/95 (dhl) (Entered: 05/23/1995)

04/17/1995 1699 MINUTES: GRANT in part DENY in part application [1697−1]. Dr. Fyfe shall appear for his depo in Philadelphia on 4/19/95 and 4/20/95. The remainder of the ex parte application is denied w/o prej. by Discovery Charles F. Eick CR: Tape 823 (dhl) (Entered: 05/23/1995)

04/17/1995 1700 NOTICE by plaintiffs of lodging Kolts Report and First Interim Report thereon in opp to mtn in limine to prohibit use of Kolts Report (dhl) (Entered: 05/23/1995)

04/18/1995 1701 EX PARTE APPLICATION by plaintiffs for modification of Mag Judge's order of 4/17/95 re the depo of plfs' expert witness James Fyfe (dhl) (Entered: 05/24/1995)

04/18/1995

1702

NOTICE by Crt of hearing resetting hearing on motion for payment of sanctions [1694−1] 9:00 4/28/95, resetting hearing on motion for attorney fees/costs against plfs and plfs' cnsl [1694−2] 9:00 4/28/95, resetting hearing on motion for compliance with subpoena duces tecum and Rule 35, Federal Rules of Civil Procedure [1694−3] 9:00 4/28/95 (dhl) (Entered: 05/24/1995)

04/18/1995

1703

MINUTES: re hrg on plfs' ex parte application for modification of Mag Judge's ord of 4/17/95 re the depo of plfs' expert witness James Fyfe: Crt modifies the 4/17/95 ord. Dr. Fyfe shall appear for his depo in LA on 4/26/95. The time w/in which dfts may designate an additional expert to rebut Dr. Fyfe's expected testimony is ext to 5/2/95. The Crt recommends that, if Dr. Fyfe does not make himself available for depo on 4/26/95 and 4/27/95, he will not be permitted to testify at trial. by Discovery Charles F. Eick CR: Tape 824 (dhl) (Entered: 05/24/1995)

04/19/1995 1704 Emergency EX PARTE APPLICATION by plaintiffs for modification of Mag Judge's order of 4/18/95 regarding the depo of plfs' expert witness James Fyfe (dhl) (Entered: 05/24/1995)

04/20/1995 1705 Opposition by defendants to [1704−1] (dhl) (Entered: 05/24/1995)

04/20/1995 1705 REQUEST by defendants for reasonable atty's fees, costs and sanctions against plfs and plfs' cnsl (dhl) (Entered: 05/24/1995)

04/20/1995

1706

MINUTES: denying application [1704−1] except: the 4/18/95 order is modified as follows: Dr. Fyfe shall appear for his depo in LA on 4/26/95 and 4/28/95. The time w/in which dfts may designate an additional expert to rebut Dr. Fyfe's expected testimony is extended to 5/3/95. Crt recommends that, if Dr. Fyfe does not make himself available for dedpo on 4/26/95 and 4/28/95, he not be permitted to testify at trial. by Discovery Charles F. Eick CR: n/a (dhl) (Entered: 05/24/1995)

04/24/1995 1707 NOTICE OF MOTION AND MOTION by defendants in limine to exclude testimony of plfs' expert psychiatrist, Gloria Johnson−Powell, from trial on fourth cause of action ; motion hearing set for 10:00 5/15/95 (dhl) (Entered: 05/24/1995)

04/24/1995 1708 Opp by plaintiffs to motion for certification of Crt's 2/23/95 order for interlocutory appeal [1698−1] (dhl) (Entered: 05/24/1995)

04/24/1995 1710 Reply memo P&A in suppt by defendants to motion in limine to exclude questioning, testimony, reference, argument or comment regarding Kolts report [1689−1] (dhl) (Entered: 05/24/1995)

04/25/1995 1711 ORDER by Judge Terry J. Hatter re: jury instructions (dhl) (Entered: 05/24/1995)

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04/26/1995 1709 NOTICE OF MOTION AND MOTION by defendants in limine to exclude testimony of plfs' expert demographer, Leobardo Estrada, from trial on fourth cause of action ; motion hearing set for 10:00 5/15/95 (dhl) (Entered: 05/24/1995)

04/26/1995 1712 REQUEST by plaintiffs for oral argument re: dfts' motion in limine to prohibit use of Kolts report (dhl) (Entered: 05/24/1995)

04/26/1995

1713

ORDER by Judge Terry J. Hatter re motion of dfts County of LA, City of Lynwood, County of LA Sheriff's Dept, Block, Edmonds, Harper, Foreman and Cueva for summary adjudication of the conspiracy claim alleged in the second and third causes of action by plfs Thomas, Marshall, Scott and Sterling: the motion is granted only as to dft Foreman. The motion is denied as to dfts County of LA, City of Lynwood, County of La Sheriff's Dept, Block, Edmonds, Harper and Cueva. (dhl) (Entered: 05/24/1995)

04/26/1995 1717 NOTICE OF APPEAL by plaintiff to 9th C/A from Dist. Court ord fld on 2/23/95 & 3/28/95). (cc: douglas J. Collodel: Kevin S. Reed; Burton & Norris; Hugh Manes; Patrick T. Meyers; Overlander, Lewis & Russell; Chase, Rotchford, Drukker & Bougust). Fee: Billed. (app) (Entered: 05/30/1995)

04/27/1995

1714

EMERGENCY ex parte APPLICATION by defendants application for ord modifying ords compelling appearance of plfs' expert James Fyfe for depo on 4/28/95, at 8:00am and to remain until completed; limiting Mr. Fyfe's fees to his customary fee of $1500 per day; and for reasonable atty's fees, costs and sanctions against plfs and plfs' cnsl. (dhl) (Entered: 05/24/1995)

04/27/1995

LODGED/PROPOSED Order (FWD TO CRD) (dhl) (Entered: 05/24/1995)

04/27/1995 1716 MINUTES: denying application [1714−1], with the exception as follows: it is ordered that on 4/28/95 at 11:00am, Dr. Fyfe shall appear for the resumption of his depo. On that date, dfts may depose Dr. Fyfe up to 9 hours. by Discovery Charles F. Eick CR: Tape 829 (dhl) (Entered: 05/24/1995)

04/28/1995 1715 EXHIBITS by plaintiffs in suppt of plfs' opp to dfts' emergency ex parte application for ord modifying ords compelling appearance of plfs' expert witness James Fyfe (dhl) (Entered: 05/24/1995)

04/28/1995 1719 MEMORANDUM by plaintiffs in opposition to application [1714−1] (dhl) (Entered: 05/31/1995)

04/28/1995

1720

MINUTES: that the motion for payment of sanctions [1694−1] is submitted, that the motion for attorney fees/costs against plfs and plfs' cnsl [1694−2] is submitted, that the motion for compliance with subpoena duces tecum and Rule 35, Federal Rules of Civil Procedure [1694−3] is submitted by Discovery Charles F. Eick CR: Tape 829, 830 (dhl) (Entered: 05/31/1995)

04/28/1995

1736

MINUTES: denying motion for payment of sanctions [1694−1], denying motion for attorney fees/costs against plfs and plfs' cnsl [1694−2], denying motion for compliance with subpoena duces tecum and Rule 35, Federal Rules of Civil Procedure [1694−3] except as follows: within 15 days of the date of this order, plfs shl cause to be produced to dfts all documents responsive to the subpoena duces tecum, including the "score sheet" from Dr. Johnson−Powell's exam of Darren Thomas and any other existing, written documents relating to Dr. Johnson−Powell's exams of Darren Thomas and Elzie Coleman. Payment from dfts to Dr. Johnson−Powell shall be at the rate of $125 per hour. If Judge Hatter does not grant the pending motion to exclude Dr. Johnson−Powell from testifying at trial, dfts shall be entitled to recover from plfs' cnsl the costs (not including attys fees) reasonably incurred by dfts in completing Dr. Johnson−Powell's depo. This order is not intended and shall not be construed as a comment on the merits of the pending motion to exclude Dr. Johnson−Powell from testifying at trial. Any party seeking review of this order shall obtain and file a transcript of the 4/28/95 hearing. By Discovery Charles F Eick C/R: n/a by Discovery Charles F. Eick CR: n/a (dhl) (Entered: 05/31/1995)

05/01/1995 1721 Reply in suppt by defendants to motion for certification of Crt's 2/23/95 order for interlocutory appeal [1698−1] (dhl) (Entered: 05/31/1995)

05/02/1995 1722 Opp by plaintiffs to motion in limine to exclude testimony of plfs' expert demographer, Leobardo Estrada, from trial fourth cause of action [1709−1], motion in

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limine to exclude testimony of plfs' expert psychiatrist, Gloria Johnson−Powell, from trial on fourth cause of action [1707−1] (dhl) (Entered: 05/31/1995)

05/05/1995 1761 TRANSCRIPT DESIGNATION and ordering form for dates: (app) (Entered: 06/01/1995)

05/08/1995 1723 NOTICE OF MOTION AND MOTION by defendants in limine to exclude reference to, questioning, argument, and/or comment regarding any alleged "neo−nazi, white supremacist gang" and/or, "The Vikings" ; motion hearing set for 10:00 5/29/95 (dhl) (Entered: 05/31/1995)

05/08/1995 1724 NOTICE OF MOTION AND MOTION by defendants to withdraw answer of Danielle Cormier , and renewed motion to dismiss ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/08/1995 1725 Reply in suppt by defendants to motion in limine to exclude testimony of plfs' expert demographer, Leobardo Estrada, from trial on fourth cause of action [1709−1] (dhl) (Entered: 05/31/1995)

05/08/1995 1726 Reply memo in suppt by defendants to motion in limine to exclude testimony of plfs' expert psychiatrist, Gloria Johnson−Powell, from trial on fourth cause of action [1707−1] (dhl) (Entered: 05/31/1995)

05/08/1995 1727 NOTICE OF MOTION AND MOTION by defendants in limine to exclude questioning, testimony, reference, argument or comment as to the Crt's prior rulings, orders, findings, and/or conclusions re P/I ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/09/1995

1728

ORDER by Judge Terry J. Hatter granting motion for order granting plfs additional time to serve cmp upn dfts Curtis Golden and Jerold Reeves [1718−1]. It is further ordered that plfs have until 6/9/95 to serve Curtis Golden and Jerold Reeves. It is further ordered that dfts shall provide plfs' cnsl with any and all information they have concerning the whereabouts of Curtis Golden and Jerold Reeves. (dhl) (Entered: 05/31/1995)

05/09/1995

1729

ORDER by Judge Terry J. Hatter denying motion in limine to exclude testimony of plfs' expert demographer, Leobardo Estrada, from trial on fourth cause of action [1709−1], denying motion in limine to exclude testimony of plfs' expert psychiatrist, Gloria Johnson−Powell, from trial on fourth cause of action [1707−1]. It is further ordered that Dr. Johnson−Powell and Dr. Estrada be and hereby are compelled to appear for their depos on or before 5/24/95. It is further ordered that if either Dr. Johnson−Powell or Dr. Leobardo Estrada fails to appear for his or her depo or is not prepared to be deposed as to his or her expected trial testimony, then that witness will be precluded from testifying at trial. (dhl) (Entered: 05/31/1995)

05/09/1995 1730 NOTICE OF DISCREPANCY AND ORDER by Discovery Charles F. Eick that the notice of mtn to compel payment, lodged on 5/5/95, is to be fld & processed (dhl) (Entered: 05/31/1995)

05/09/1995

1731

NOTICE OF MOTION AND MOTION by defendants to compel designated expert witness Patrick Maher's answers to depo questions, compliance with court ord of 2/17/95 and subpoena duces tecum , and for sanctions against plfs' and plfs' cnsl and Patrick Maher , and for attorney's fees ; motion hearing set for 9:00 5/19/95 (dhl) (Entered: 05/31/1995)

05/09/1995 1732 NOTICE OF MOTION AND MOTION by defendants to compel payment of reasonable expert fees for depo of Dr. Gary Joseph Ordog , and for attorney fees and costs against plfs' cnsl ; motion hearing set for 9:00 5/19/95 (dhl) (Entered: 05/31/1995)

05/09/1995 1733 NOTICE OF DISCREPANCY AND ORDER by Discovery Charles F. Eick that ntc of motion and motion to compel designation of expert witnesses, lodged on 5/5/95, is to be fld & processed (dhl) (Entered: 05/31/1995)

05/09/1995 1734 EX PARTE APPLICATION by plaintiffs to strike designation of three additional expert witnesses and request for sanctions (dhl) (Entered: 05/31/1995)

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05/09/1995

LODGED/PROPOSED Order (FWD TO CRD) (dhl) (Entered: 05/31/1995)

05/09/1995 1735 Arguments and authorities and REQUEST by plaintiff Tracy Batts for sanctions in opp to dfts' motion to compel verification of response to request for admissions (dhl) (Entered: 05/31/1995)

05/11/1995 1737 Opposition by defendants to [1734−1] (dhl) (Entered: 05/31/1995)

05/11/1995 1738 MINUTES: denying request for sanctions [1735−1] without prejudice. The Crt has not received the motion to which the opposition apparently relates. by Discovery Charles F. Eick CR: n/a (dhl) (Entered: 05/31/1995)

05/12/1995 1739 Decl of Robert E Racine by deponent Patrick T Maher in opposition to motion to compel designated expert witness Patrick Maher's answers to depo questions, compliance with court ord of 2/17/95 and subpoena duces tecum [1731−1] (dhl) (Entered: 05/31/1995)

05/12/1995 1740 Decl by deponent Patrick T Maher in opp to motion to compel designated expert witness Patrick Maher's answers to depo questions, compliance with court ord of 2/17/95 and subpoena duces tecum [1731−1] (dhl) (Entered: 05/31/1995)

05/15/1995 1741 NOTICE OF MOTION AND MOTION by defendants in limine to establish order of trial phases ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1742 NOTICE OF MOTION AND MOTION by defendants in limine to exclude (1) all expert witnesses whom plfs have expressly agreed not to call and (2) all other incidents alleged in the Thomas case ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1743 NOTICE OF MOTION AND MOTION by defendants in limine to exclude evidence of verdicts, settlements, and settlement discussions as to civil litigation involving the County ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1744 NOTICE OF MOTION AND MOTION by defendants in limine to exclude questioning, testimony, reference, argument, or comment as to incidents, events, and circumstances unalleged or otherwise improperly unspecified herein ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1745 NOTICE OF MOTION AND MOTION by defendants in limine to exclude reference to, suggestion, argument, or comment re: the outcome of the criminal charges against pla Thomas, any alleged claim for malicious prosecution, or any damages purportedly arising thereunder ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1746 NOTICE OF MOTION AND MOTION by defendants in limine to exclude reference to suggestion, argument, or comment regarding Undersheriff Jerry Harper's psychological history ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1747 NOTICE OF MOTION AND MOTION by defendants in limine to exclude certain expert testimony ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1748 NOTICE OF MOTION AND MOTION by defendants in limine to exclude testimony of James Fyfe ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1749 NOTICE OF MOTION AND MOTION by defendants in limine to exclude portions of expert testimony of Patrick Maher ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1750 NOTICE OF MOTION AND MOTION by plaintiffs for order certifying dfts' interlocutory appeal as frivolous ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1751 Memo of law in opp by plaintiffs to motion to withdraw answer of Danielle Cormier [1724−1], motion renewed motion to dismiss [1724−2] (dhl) (Entered: 05/31/1995)

05/15/1995 1752 NOTICE OF MOTION AND MOTION by plaintiffs in limine to exclude evidence ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1753 NOTICE OF MOTION AND MOTION by defendants Douglas Gillies, Kevin Kiff, Kelly Gill−McMichael, Katherine Brown−Voyer, Michael Voge, John Mossotti, Jack

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Tarasiuk, Loy Luna and Robert Reed for summary adjudication of issues on the 18th cause of action ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995

LODGED/PROPOSED Statement, Order (FWD TO CRD) (dhl) (Entered: 05/31/1995)

05/15/1995 1754 REQUEST by defendants for judicial notice re: notice of motion and motion for summary adjudication of issues (dhl) (Entered: 05/31/1995)

05/15/1995 1755 NOTICE OF MOTION AND MOTION by defendants in limine to exclude all unproduced exhibits ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1756 NOTICE OF MOTION AND MOTION by defendants in limine to exclude internal investigations ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1757 NOTICE OF MOTION AND MOTION by defendants in limine to exclude alleged "bad acts" of Deputy Sheriffs ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/15/1995 1758 NOTICE OF MOTION AND MOTION by defendants in limine to exclude questioning that implies a factual predicate which plfs are unable to substantiate with admissible evidence, or in the alternative, demand for offer of proof ; motion hearing set for 10:00 6/5/95 (dhl) (Entered: 05/31/1995)

05/16/1995 1759 Supplemental DECLARATION of Carol Ann Humiston, et al by defendants in suppt of motion to compel re: Patrick Maher (dhl) (Entered: 05/31/1995)

05/16/1995 1760 Opp by plaintiffs to motion re fees of Dr.Ordog and request by plaintiffs that matter be taken off−calendar (dhl) (Entered: 05/31/1995)

05/16/1995 1762 Reply in suppt by defendants to motion to compel payment of reasonable expert fees for depo of Dr. Gary Joseph Ordog [1732−1], motion for attorney fees and costs against plfs' cnsl [1732−2] (dhl) (Entered: 06/01/1995)

05/16/1995 1763 ORDER by Judge Terry J. Hatter denying application [1734−1] (dhl) (Entered: 06/01/1995)

05/17/1995 1764 Opp by plaintiffs to motion in limine to exclude reference to, questioning, argument, and/or comment regarding any alleged "neo−nazi, white supremacist gang" and/or, "The Vikings" [1723−1] (dhl) (Entered: 06/01/1995)

05/19/1995 1765 Patrick Maher's EXHIBITS inadvertently omitted from parties' joint stipulation re dfts' discovery motion re plfs' expert Patrick Maher (dhl) (Entered: 06/01/1995)

05/19/1995

1766

ORDER by Judge Terry J. Hatter: Crt has considered dfts' motion to establish the order of the trial, together with the moving papers. It is ordered that the sequence of the trifurcated trial shall be: (1) individual liability of deputies; (2) Monell liability, if the jury returns a verdict for the first phase in favor of the plfs; and (3) damages against any dfts found liable during the first two phases (dhl) (Entered: 06/01/1995)

05/19/1995

1767

MINUTES: denying motion to compel designated expert witness Patrick Maher's answers to depo questions, compliance with court ord of 2/17/95 and subpoena duces tecum [1731−1], denying motion for sanctions against plfs' and plfs' cnsl and Patrick Maher [1731−2], denying motion for attorney's fees [1731−3] except as follows: As soon as practicable Mr. Maher shall reappear for depo and answer the subject questions, including reasonable follow−up questions. Mr. Maher also shall answer questions concerning the nature and extent of the search for documents responsive to the subpoena. The depo shall not exceed 90 minutes in length. As soon as practicable, Mr. Maher shall make available to cnsl for dfts the original of the subject diskette for inspection and copying. Use of the discovery ordered herein shall be limited to use for purposes of this litigation only. by Discovery Charles F. Eick CR: n/a (dhl) (Entered: 06/01/1995)

05/19/1995

1768

MINUTES: that the motion to compel payment of reasonable expert fees for depo of Dr. Gary Joseph Ordog [1732−1] is submitted, that the motion for attorney fees and costs against plfs' cnsl [1732−2] is submitted, that the motion to compel designated expert witness Patrick Maher's answers to depo questions, compliance with court ord of 2/17/95 and subpoena duces tecum [1731−1] is submitted, that the motion for sanctions against plfs' and plfs' cnsl and Patrick Maher [1731−2] is submitted, that the

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motion for attorney's fees [1731−3] is submitted by Discovery Charles F. Eick CR: Tape 835, 836 (dhl) (Entered: 06/01/1995)

05/19/1995

1769

MINUTES: denying motion to compel payment of reasonable expert fees for depo of Dr. Gary Joseph Ordog [1732−1] except as follows: plfs forthwith shall pay Dr. Ordog an additional $350.00 (for a total of $1,400.00), denying motion for attorney fees and costs against plfs' cnsl [1732−2] by Discovery Charles F. Eick CR: n/a (dhl) (Entered: 06/01/1995)

05/22/1995

LODGED/PROPOSED Order (FWD TO CRD) (dhl) (Entered: 06/01/1995)

05/22/1995 1770 MINUTES: granting motion in limine to exclude questioning, testimony, reference, argument or comment regarding Kolts report [1689−1] as to 1st phase of trial as to the deputies. by Judge Terry J. Hatter CR: M Beesley (dhl) (Entered: 06/01/1995)

05/22/1995 1771 Reply memo P&A in suppt by defendants to motion to withdraw answer of Danielle Cormier [1724−1], motion renewed motion to dismiss [1724−2] (dhl) (Entered: 06/01/1995)

05/22/1995 1772 Opp by plaintiffs to motion in limine to establish order of trial phases [1741−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1773 Opp by plaintiffs to motion in limine to exclude (1) all expert witnesses whom plfs have expressly agreed not to and (2) all other incidents alleged in the Thomas case [1742−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1774 Opp by plaintiffs to motion in limine to exclude questioning, testimony, reference, argument, or comment as to incidents, events, and circumstances unalleged or otherwise improperly unspecified herein [1744−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1775 Opp by plaintiffs to motion in limine to exclude alleged "bad acts" of Deputy Sheriffs [1757−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1776 Opp by plaintiffs to motion in limine to exclude internal investigations [1756−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1777 Memo of law in opp by plaintiffs to motion in limine to exclude reference to, suggestion, argument, or comment re: the outcome of the criminal charges against pla Thomas, any alleged claim for malicious prosecution, or any damages purportedly arising thereunder [1745−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1778 Opp by plaintiffs to motion in limine to exclude all unproduced exhibits [1755−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1779 Opp by plaintiffs to motion in limine to exclude reference to suggestion, argument, or comment regarding Undersheriff Jerry Harper's psychological history [1746−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1780 Opp by defendants to motion for order certifying dfts' interlocutory appeal as frivolous [1750−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1781 Opp by plaintiffs to motion for summary adjudication of issues on the 18th cause of action [1753−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1782 Concise STATEMENT of genuine issues by plaintiffs (dhl) (Entered: 06/01/1995)

05/22/1995 1783 Resp by plaintiffs to motion in limine to exclude (1) all expert witnesses whom plfs have expressly agreed not to and (2) all other incidents alleged in the Thomas case [1742−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1784 Opp by plaintiffs to motion in limine to exclude portions of expert testimony of Patrick Maher [1749−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1785 Opp by plaintiffs to motion in limine to exclude testimony of James Fyfe [1748−1] (dhl) (Entered: 06/01/1995)

05/22/1995 1786 Memo of law in opp by plaintiffs to motion in limine to exclude evidence of verdicts, settlements, and settlement discussions as to civil litigation involving the County [1743−1] (dhl) (Entered: 06/01/1995)

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05/23/1995 1787 Opp by defendants to motion in limine to exclude evidence [1752−1] (dhl) (Entered: 06/01/1995)

05/23/1995 1788 DECLARATION of Carol Ann Humiston by defendants re: timely svc but late flg of opposition to plfs' mtn in limine; request for relief (dhl) (Entered: 06/01/1995)

05/26/1995 1789 NOTICE OF MOTION AND MOTION by defendants to compel James Fyfe's compliance with subpoena duces tecum , and for payment of attorney fees by plfs and plfs' cnsl , or in alt for other appropriate relief ; motion hearing set for 9:00 6/9/95 (dhl) (Entered: 06/01/1995)

05/30/1995 1790 Reply memo in suppt by plaintiffs to motion for order certifying dfts' interlocutory appeal as frivolous [1750−1] (dhl) (Entered: 06/01/1995)

05/30/1995 1791 OBJECTIONS by deponent Patrick T Maher to [1767−1] (dhl) (Entered: 06/01/1995)

05/30/1995 1793 REPLY by plaintiffs, to dfts opposition to plfs motion in limine to exclude evidence [1752−1] (weap) (Entered: 06/15/1995)

05/30/1995

1794

REPLY MEMORANDUM of PA by defendant Los Angeles County, defendant LASD, defendant Lynwood City Of, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva, defendant C Brantley, defendant Richard L Castro, defendant Raymond Gott, defendant A Herrera, defendant Unknown Radeleff, defendant M Sparks in support of mot in limine to exclude evidence of verdicts, settlements, & settlement discussions as to civil litigation involving the county. [1743−1] (weap) (Entered: 06/15/1995)

05/30/1995

1795

REPLY MEMORANDUM of PA by defendant Los Angeles County, defendant LASD, defendant Lynwood City Of, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva, defendant C Brantley, defendant Richard L Castro, defendant Raymond Gott, defendant A Herrera, defendant Unknown Radeleff, defendant M Sparks in support of dfts' mot in limine to exclude questioning, testimony, reference, argument, or comment as to inidents, events, & circumstances unalleged or otherwise improperly unspecified herein [1744−1] (weap) (Entered: 06/15/1995)

05/30/1995 1796 REPLY MEMORANDUM of PA by defendants in support of mot to exclude testimony of James Fyfe; exhibit [1748−1] (weap) (Entered: 06/15/1995)

05/30/1995 1797 REPLY Memorandum of PA by defendant in support of mot in limine to exclude all unproduced exhibits [1755−1] (weap) (Entered: 06/16/1995)

05/30/1995 1798 REPLY Memorandum of PA by defendants in support of mot to exclude reference to, suggestion, argument, or comment RE: the outcome of the criminal charges against plf Thomas, any alleged claim for malicious prosecution, or any damages purportedly arising thereunder [1745−1] (weap) (Entered: 06/16/1995)

05/30/1995 1799 OBJECTIONS by defendants to evidence submitted by plfs in opposition to dfts mot in limine to exclude reference to, questioning, argument, and/or comment regarding any alleged neo−nazi, white supermacist gant a/d or the vikings [1723−1] (weap) (Entered: 06/16/1995)

05/30/1995 1800 REPLY MEMORANDUM of PA by defendants in support of mot in limine to exclude certain expert testimony [1747−1] (weap) (Entered: 06/20/1995)

05/30/1995 1801 REPLY MEMORANDUM of PA by defendants in support of mot in limine to exclude alleged "BAD ACTS" of deputy sheriffs [1757−1] (weap) (Entered: 06/20/1995)

05/30/1995 1802 REQUEST by defendant for oral argument regarding dfts motions in limine (weap) (Entered: 06/20/1995)

05/30/1995 1803 REPLY MEMORANDUM of PA by defendants in support of mot in limine to exclude (1) all expert witnesses whom plfs have expressly agreed not to call, & (2) all other incidents alleged in the Thomas case [1742−1] (weap) (Entered: 06/20/1995)

05/30/1995 1804 REPLY MEMORANDUM of PA by defendants in support of mot in limine to exclude internal investigations [1756−1] (weap) (Entered: 06/20/1995)

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05/30/1995 1805 REPLY MEMORANDUM of PA by defendants in support of mot in limine to exclude portions of expert testimony of Patrick Maher [1749−1] (weap) (Entered: 06/20/1995)

05/30/1995 1806 SUGGESTION by defendants of death of dft Stephen Blair upon the record. (weap) (Entered: 06/20/1995)

05/30/1995 1807 REPLY MEMORANDUM of PA by defendants in support of mot in limine to exclude reference to suggestion, argument, or comment regarding undersheriff Jerry Harper's psychological history [1746−1] (weap) (Entered: 06/20/1995)

05/30/1995

1808

REPLY by defendants in support of renewed mot for summary adjudication of issues on the eighteenth cause of action by dfts Douglas Gillies, Kevin Kiff, Kelly Gill−Mcmichael, Katherine Brown−Voyer, Michael Voge, John Mossotti, Jack Tarasiuk, Loy Luna, & Robert Reed; memo of PA [1753−1] (weap) (Entered: 06/20/1995)

05/30/1995 1809 REPLY MEMORANDUM of PA by defendants in support of mot in limine to exclude reference to questioning, argument, and/or comment regarding any alleged "Neo−Nazi" white supremacist gang and/or the vikings; decl; exhibits [1723−1] (weap) (Entered: 06/20/1995)

05/31/1995 1792 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 5/15/95 (Re: [1717−1] ) CR: M. Beesley (fvap) (Entered: 06/06/1995)

06/05/1995 1810 OBJECTIONS by plaintiffs to surplusage in dfts suggestion of death of dft Steven Blair upon the record. (weap) (Entered: 06/20/1995)

06/05/1995 1811 OPPOSITION by plaintiffs to motion to compel James Fyfe's compliance with subpoena duces tecum [1789−1]; decl of Wilson Mcleod (weap) (Entered: 06/20/1995)

06/06/1995 1812 NOTICE by plaintiffs of lodging deposition of James Fyfe in opposition to mot to compel compliance with subpoena duces tecum. (weap) (Entered: 06/20/1995)

06/06/1995 1813 PROPOSED VOIR DIRE TO THE JURY (weap) (Entered: 06/20/1995)

06/06/1995 1814 PROPOSED jury questionaire for use during voir dire by plaintiffs [1813−1] (weap) (Entered: 06/23/1995)

06/06/1995 1815 PROPOSED JURY INSTRUCTIONS submitted by defendants; PA in support thereof (weap) (Entered: 06/23/1995)

06/06/1995 1816 PROPOSED JURY INSTRUCTIONS submitted by plaintiffs (weap) (Entered: 06/23/1995)

06/06/1995 1817 OBJECTIONS by defendants to plf's proposed jury instructions [1816−1] (weap) (Entered: 06/23/1995)

06/06/1995 1818 OBJECTIONS by plaintiffs to dft's proposed jury instructions [1815−1] (weap) (Entered: 06/23/1995)

06/06/1995 1819 JOINT PROPOSED JURY INSTRUCTIONS (weap) (Entered: 06/23/1995)

06/07/1995 1820 PROPOSED Jury Questionnaire by defts or in the alternative, jury Voir Dire. (weap) (Entered: 06/30/1995)

06/08/1995 1822 ORDER by Judge Terry J. Hatter denying dfts motion for summary adjudication of issues on the 18th cause of action [1753−1] (weap) (Entered: 07/05/1995)

06/08/1995 1823 ORDER by Judge Terry J. Hatter denying motion for certification of Crt's 2/23/95 order for interlocutory appeal [1698−1] (weap) (Entered: 07/05/1995)

06/08/1995 1824 REQUEST by defendants Sheriff's Deputies for special verdicts re fourth cause of action. (weap) (Entered: 07/05/1995)

06/08/1995 1825 REQUEST by defendant Los Angeles County, defendant LASD, defendant Lynwood City Of, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva, defendant C Brantley, defendant Timothy Broad, defendant Katherine Brown−Voyer, defendant T Brownell,

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defendant Richard Calzada, defendant Scott Carter, defendant Richard L Castro, defendant Raymond Gott, defendant A Herrera, defendant Unknown Radeleff, defendant M Sparks for special verdicts (weap) (Entered: 07/05/1995)

06/09/1995

1826

AMENDED REQUEST by defendant Los Angeles County, defendant LASD, defendant Lynwood City Of, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva, defendant C Brantley, defendant Timothy Broad, defendant Katherine Brown−Voyer, defendant T Brownell, defendant Richard Calzada, defendant Scott Carter, defendant Richard L defendant Raymond Gott, defendant A Herrera, defendant Unknown Radeleff, defendant M Sparks for special verdicts (weap) (Entered: 07/05/1995)

06/09/1995 1827 EX PARTE APPLICATION by plaintiff's for extension of time to serve summons & complaint; decl of Donald W Cook. (weap) (Entered: 07/05/1995)

06/09/1995 1845 MINUTES: denying dfts motion to compel James Fyfe's compliance with subpoena duces tecum [1789−1] by Judge Charles F. Eick CR: N/A (weap) (Entered: 07/10/1995)

06/12/1995 1828 AMENDED PROOF OF SERVICE by defendants of amended request for special verdicts executed on 6/9/95. (weap) (Entered: 07/10/1995)

06/12/1995 1829 OBJECTIONS by plaintiffs to dft subpoena duces tecum for retainer agreements. (weap) (Entered: 07/10/1995)

06/12/1995 1830 OBJECTIONS by defendants to evidence submitted in support of ex parte application for extension of time to serve summons & complaint [1827−1] (weap) (Entered: 07/10/1995)

06/12/1995 1831 OPPOSITION by defendants to plfs ex parte application for extension of time to serve summons & complaint [1827−1]; memo of PA; decl of Patrick T Meyers. (weap) (Entered: 07/10/1995)

06/12/1995 1832 MINUTES: Dfts motion to compel James Fyfe's compliance with subpoena duces tecum [1789−1] is submitted, motion by dfts for payment of attorney fees by plfs and plfs' cnsl [1789−2] is submitted by Magistrate Judge Charles F. Eick CR: Tape 844 (weap) (Entered: 07/10/1995)

06/13/1995

1833

AMENDED ORDER by Judge Terry J. Hatter that dfts mot to certify the issue of probable cause for the arrest of William Scott & Kevin Marshall for an interlocutory appeal be, & hereby is DEN. It is fur ORD that dfts appeal, filed on 4/26/95, of the crt's determination of partial summary judgment on the issue of probable cause for the arrest of William Scott & Kevin Marshall be, & hereby is, CERTIFIED as both frivolous & waived. (weap) (Entered: 07/10/1995)

06/13/1995 1834 MOTION by plaintiffs in limine to exclude the disciplinary history of plf's expert witness Patrick T Maher ; Maher decl. motion hearing set for <date not set> (weap) (Entered: 07/10/1995)

06/13/1995

1840

MINUTES: 1st day: Arguments hrd re various in limine motions. Crt rules as to the admissibility of evid for the 1st, 2nd & phases of trial. Cormier dismissed as dft. Each side to own costs. Plfs' mot for reconsideration to declare dfts appeal as being frivolous GR. Dfts; mot to stay pending appeal DEN. Jury impanelled, sworn & admonished. (see jury box form). by Judge Terry J. Hatter CR: Maria Beesley (weap) Modified on 07/10/1995 (Entered: 07/10/1995)

06/14/1995 1835 ORDER by Judge Terry J. Hatter granting plfs ex parte application for extension of time to serve summons & complaint. (weap) (Entered: 07/10/1995)

06/14/1995 1836 MOTION by defendants, for order compelling Warden of Folsom prison to release prisoner Marco Robles to custody of Los Angeles County Sheriff's department ; proposed order motion hearing set for <date not set> (weap) (Entered: 07/10/1995)

06/14/1995

1837

PROPOSED ORDER by Judge Terry J. Hatter Jr. that Teresa Rocha, Warden of Folsom Prison, is hereby ord to release prisoner Marco Robles, CDC No. H76217, to the custody of the Los Angeles County Sheriff's department for transport to Los Angeles. Mr. Robles is a percipient witness whose testimony is required in the above−referenced case for a trial which began on 6/13/95. He is to be released to

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Sheriff's Depart custody on Thursday, 6/15/95, or as soon thereafter as the Sheriff's Department may transport him. (weap) (Entered: 07/10/1995)

06/14/1995 1840 MINUTES: 2nd day: opening stmts made. Wits cst & exhibits rec'd. (see separate witness/exhibit list). by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/10/1995)

06/15/1995 1840 MINUTES: 3rd day: Fur wits cst. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/10/1995)

06/16/1995 1838 MOTION by plaintiffs in limine to exclude rebuttal experts to plfs monell expert from testifying at first phase of trial ; motion hearing set for <date not set> (weap) (Entered: 07/10/1995)

06/16/1995 1839 MEMORANDUM by plaintiffs in opposition to proposed dismissal of plf William Scott for failure to appear in person at trial. (weap) (Entered: 07/10/1995)

06/16/1995 1840 MINUTES: 4th day: Fur wits cst. Trial adjourned until 9:30 a.m. on 6/21/95. Reporter a.m. only: John Thurman. Corrine Grubb, atty, also present for dfts. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/10/1995)

06/21/1995 1841 REPLY by defendants to memorandum in opposition to proposed dismissal of plf William Scott For failure to appear in person at trial. (weap) (Entered: 07/10/1995)

06/21/1995 1852 MINUTES: 5th day: Fur wits cst for plfs. Plfs rest subject to 2 wits being called later. Plf, Robert Scott, dismissed w/o prejudice. Wits cst for dfts. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/14/1995)

06/22/1995 1821 Proof of service of sms & cmp executed upon defendant Jerold Reeves on 6/15/95 by personal svc (dhl) (Entered: 07/03/1995)

06/22/1995

1842

ORDER by Judge Terry J. Hatter to issue a writ of Habeas Corpus Ad Testificandum directed to the california State Dept of Corrections, & to Teresa Rocha, Warden of folsom Prison, & to the U S Marshal, or any other authorized officer, to produce one Marco Robles, CDC No. H76217, now confined at Folsom State Prison in the custody of the warden or the person there in charge, before the Honorable Terry J Hatter, U S District Crt for the Central District of California, Crtroom 17, on 6/27/95. (weap) (Entered: 07/10/1995)

06/22/1995 1852 MINUTES: 6th day: Fur wits cst. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/14/1995)

06/23/1995 1843 PROPOSED SUPPLEMENTAL JURY INSTRUCTIONS submitted by plaintiffs (weap) (Entered: 07/10/1995)

06/23/1995 1852 MINUTES: 7th day: Wits cst. Settling of jury instructions set for 6/26/95 at 3 p.m. Trial adjourned until 9:30 a.m., 6/27/95. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/14/1995)

06/26/1995 1846 NOTICE OF MOTION AND MOTION by James G Kolts, & Merrick J Bobb for an order quashing the subpoenas issued to Honorable James G Kolts (retired) & Merrick J Bobb ; exhibits in support thereof motion hearing set for 2:20 6/26/95 (weap) (Entered: 07/11/1995)

06/26/1995 1847 DECLARATION of John C Burton by plaintiffs regarding the non−cooperation of defense cnsl in stipulating to facts stated in the Kolts report. (weap) (Entered: 07/11/1995)

06/26/1995 1848 PROPOSED list of facts to be read to the jury in lieu of the Kolts report by plaintiffs. (weap) (Entered: 07/11/1995)

06/26/1995 1849 MINUTES: conference re settling of instructions; Jury instructions settle. by Judge Terry J. Hatter CR: Marie Beesley (weap) (Entered: 07/11/1995)

06/26/1995 1853 NOTICE OF JOINDER by defendants to motion to quash service of Subpoena Duces Tecum [1850−1] Joinder (weap) (Entered: 07/14/1995)

06/27/1995 1850 OPPOSITION by plaintiffs to motion to quash the subpoenas served on Judge James G Kolts (retired) & Merrick J Bobb, esq. [1846−1]; decl of John C Burton & exhibits.

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(weap) (Entered: 07/11/1995)

06/27/1995 1851 PROPOSED SPECIAL VERDICT FORM − Plaintiff Kevin Marshall (weap) (Entered: 07/11/1995)

06/27/1995 1854 [PROPOSED] Special Verdict form −− plaintiff Michael Sterling (weap) (Entered: 07/14/1995)

06/27/1995 1855 [PROPOSED] Special Verdict Form−− plaintiff Darren Thomas (weap) (Entered: 07/14/1995)

06/27/1995 1856 SUPPLEMENTAL JURY INSTRUCTIONS submitted by defendants (weap) (Entered: 07/14/1995)

06/27/1995 1862 MINUTES: 8th Day: Fur wits cst. Both sides rest. Closing arguments. Jury instructed. Jury excused at 5:15 p.m. FLD NOTE #1 by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/19/1995)

06/28/1995 1862 MINUTES: 9th Day: Add'l exhibits rec'd. Jury returns for 2 add'l instructons. at 10:30 a.m., jury retires to begin deliberations. FLD NOTE #2. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/19/1995)

06/29/1995

1862

MINUTES: 10th Day: Cnsl return & informed re 2nd note. Arguments heard as to the response. 3rd note arrives & crt hears from cnsl. Jury returns to crt & crt re−reads relevant instructions. at 4:35 p.m., jury returns with verdict of liability as to Mato & Garcia. Crt finds qualified immunity as to Corrigan, Rosas, Delgadillo & Ripley. Dfts mot for good faith defense as to Mato & Garcia denied. FLD NOTES #3 & 4. Verdict read & Filed. Jurors polled. Juror #8 excused. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/19/1995)

06/29/1995 1863 VERDICT (weap) (Entered: 07/19/1995)

06/29/1995 1864 JURY NOTES filed (weap) (Entered: 07/19/1995)

06/29/1995 1881 JURY INSTRUCTIONS submitted (weap) (Entered: 07/27/1995)

06/30/1995

1862

MINUTES: 11th Day: arguments heard re various in limine mots & mot to quash subpoena on Kolts & Bobb. Mot to quash granted. Crt rules on the in limine mots. Second phase as to Monell issue begins. Openings stmts ade. Clark cst. Trial adjourned until 9:30 a.m. on 7/5/95. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/19/1995)

06/30/1995 1865 REVISED REPLY by James G Kolts, Bobb J Merrick to plfs opposition to dfts mot to quash subpoenas issued to Honorable James G Kolts & Merrick J Bobb re [1846−1] (weap) (Entered: 07/19/1995)

07/03/1995 1857 OPPOSITION by defendants to plfs proposed stipulated facts sought to be read to the jury & response to plfs claim of non−cooperation by defense cnsl for not stipulating to such facts; memo of PA; & exhibits. (weap) (Entered: 07/18/1995)

07/05/1995 1860 MINUTES: 12th day: Fur wits cst. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/18/1995)

07/06/1995 1860 MINUTES: 13th day: Fur wits cst. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/18/1995)

07/07/1995 1844 REQUEST by defendants for admonition to jury (weap) (Entered: 07/10/1995)

07/07/1995 1858 DESIGNATION of deposition testimony to read at trial by plaintiffs. (weap) (Entered: 07/18/1995)

07/07/1995 1859 ORDER by Judge Terry J. Hatter that the subpoenae having return dates of 6/27/95, & issued by & on behalf of plfs to the Honorable James G Kolts, Los Angeles Superior court Judge (ret) & to Merrick J Bobb, special cnsl for the County of Los Angeles, be & the same are hereby quashed. (weap) (Entered: 07/18/1995)

07/07/1995 1861 MINUTES: 14th day: Plfs rest subject to admission of exhibits & reading of deposition evidence. Wits cst for dfts. Trial adjourned until 9:30 a.m. on 7/11/95. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/18/1995)

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07/10/1995 1866 OPPOSITION & objections by defendants to plfs designation of deposition testimony to be read at trial [1858−1]; memo of PA; & exhibits (weap) (Entered: 07/20/1995)

07/11/1995 1867 OBJECTIONS by plaintiffs to dfts oral witness list (weap) (Entered: 07/20/1995)

07/11/1995 1868 REQUEST by plaintiffs to read to the jury additional portionsof the Kolts report (weap) (Entered: 07/20/1995)

07/11/1995 1869 OBJECTIONS by defendants to crt's judicial notice of matters contained in Kolts report & intention to instruct the jury based thereon. (weap) (Entered: 07/20/1995)

07/11/1995

1870

MOTION by defendant Los Angeles County, defendant LASD, defendant Lynwood City Of, defendant Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva for judgment as a matter of law against plfs ; memo of Pa Fed. R. Civ. Proc., Rule 50 motion hearing set for <date not set> (weap) (Entered: 07/21/1995)

07/11/1995 1871 AMENDED MOTION by defendants for judgment as a matter of law against plfs ; memo of PA Fed. R. Civ. Proc., Rule 50 motion hearing set for <date not set> (weap) (Entered: 07/21/1995)

07/11/1995 1877 MINUTES: 15th Day: Arguments heard re County's rule 50 mot. Mot granted as to Lynwood, Foreman, Cueva & conspiracy claim. Fur wits cst. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/24/1995)

07/12/1995 1877 MINUTES: 16th Day: Fur wits cst. Cnty dfts rest. Arguments heard re re−newed rule 50 motion. Motion granted as to Marshall, denied as balance of parties. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/24/1995)

07/13/1995 1872 SUPPLEMENTAL JURY INSTRUCTIONS re second phase submitted by plaintiffs (dhl) (Entered: 07/21/1995)

07/13/1995 1873 Plfs' proposed special verdict re second phase (dhl) (Entered: 07/21/1995)

07/13/1995 1874 REQUEST by County defendants for special verdicts as to Monell liability (dhl) (Entered: 07/21/1995)

07/13/1995 1875 Defendants' offer of proof re: testimony (dhl) (Entered: 07/21/1995)

07/13/1995 1876 Defendants' Proposed List of Facts To Be Read To The Jury In Lieu of the Kolts Report Without Waiver of Objection to Same (dhl) (Entered: 07/21/1995)

07/13/1995 1877 MINUTES: 17th Day: Instructions settled. Portion of Kolts report & Dr Fyfe's deposition of 1/28/91 read to jury. Both sides rest. Closing arguments made. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/24/1995)

07/14/1995

1877

MINUTES: 18th Day: Dfts mot for mis−trial denied. Arguments heard re special verdict. Jury instructed. At 10:40 a.m., jury retires to begin delib. At 3:55 p.m., jury returns with verdict in favor of plfs. Verdict read & filed. Jurors polled. Trial adjourned until 9:30 a.m. on 7/18/95 to begin 3rd phase as to damages. by Judge Terry J. Hatter CR: Maria Beesley (weap) (Entered: 07/24/1995)

07/14/1995 1878 JURY NOTES filed (weap) (Entered: 07/24/1995)

07/14/1995 1879 SPECIAL VERDICT (weap) (Entered: 07/24/1995)

07/14/1995 1880 JURY INSTRUCTIONS submitted (weap) (Entered: 07/24/1995)

07/18/1995 1882 PROOF OF SERVICE by defendants of various county dfts motion for judgment notwithstanding the erdict; memo of PA, by executed on 7/18/95. (weap) Modified on 07/27/1995 (Entered: 07/27/1995)

07/18/1995 1883 PROOF OF SERVICE by defendants of various county dfts mot for judgment as a matter of law re punitive damanges; memo of PA by mail executed on 7/18/95. (weap) Modified on 07/27/1995 (Entered: 07/27/1995)

07/18/1995 1884 SUPPLEMENTAL WITNESS list submitted by defendants (weap) (Entered: 07/27/1995)

07/18/1995 1885 VARIOUS MOTION by defendant Los Angeles County, defendant LASD, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 82 of 87

Richard Foreman for judgment as a matter of law re punitive damages ; memo of PA motion hearing set for <date not set> (weap) (Entered: 07/27/1995)

07/18/1995 1886 VARIOUS MOTION by defendant Los Angeles County, defendant LASD, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper for judgment notwithstanding the verdict ; memo of PA motion hearing set for <date not set> (weap) (Entered: 07/27/1995)

07/18/1995 1896 MINUTES: 19th Day: Arguments heard re county's rule 50 motion. Motion denied as to Jnov, granted as to punitive damages. Opening stmts made. Wits cst. by Judge Terry J. Hatter CR: Maria Beesley & John Thurman (weap) (Entered: 08/04/1995)

07/19/1995 1887 REQUEST by defendants to read deposition testimony of former plaintiff William Scott (weap) (Entered: 07/28/1995)

07/19/1995 1888 MEMORANDUM by plaintiffs RE Malicious Prosecution (weap) (Entered: 07/28/1995)

07/19/1995 1889 NOTICE by blank James G Kolts, blank Merrick J Bobb of approval & filing of order quashing subpoenae on James G Kolts & Merrick J Bobb. (weap) (Entered: 07/31/1995)

07/19/1995 1896 MINUTES: 20th Day: Fur Wits cst. by Judge Terry J. Hatter CR: John Thurman (weap) (Entered: 08/04/1995)

07/20/1995 1890 SUPPLEMENTAL JURY INSTRUCTIONS submitted by plaintiffs (weap) (Entered: 07/31/1995)

07/20/1995

1891

PROPOSED SUPPLEMENTAL JURY INSTRUCTIONS submitted by defendant Los Angeles County, defendant LASD, defendant Lynwood City Of, defendant Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva, C Brantley, defendant Richard L Castro, defendant Raymond Gott, defendant A Herrera, defendant Unknown Radeleff, defendant M Sparks (weap) (Entered: 08/01/1995)

07/20/1995 1896 MINUTES: 21st Day: Fur wits cst. Both sides rest. by Judge Terry J. Hatter CR: Maria Beesley & John Thurman (weap) (Entered: 08/04/1995)

07/21/1995 1892 MEMORANDUM by plaintiffs re liability of dfts for the arrest of Kevin Marshall (weap) (Entered: 08/02/1995)

07/21/1995 1893 PROPOSED special verdict re third phase by plaintiffs (weap) (Entered: 08/02/1995)

07/21/1995 1894 REQUEST by defendants for special verdict as to damages (weap) (Entered: 08/02/1995)

07/21/1995 1896 MINUTES: 22nd Day: Jury instructions & form of verdict settled. Closing arguments made. Jury instructed. At 3:35 p.m., jury retires to begin deliberations. At 4:20 p.m., jury execused until 9:30 a.m. on 7/24/95. by Judge Terry J. Hatter CR: John Thurman & Maria Beesley (weap) (Entered: 08/04/1995)

07/24/1995

1897

MINUTES: 23rd Day: Jury resumes delib. at 3:10 p.m., cnsl present & informed re 3 notes from jury. Crt & cnsl confer re requested testimony to be read. Jury present & portions of Sterling's testimony & test re Scott's deposition read. at 4:50 p.m., jury excused until 9:30 a.m. for reading of add'l test. on 7/25. Filed 3 notes from jury. by Judge Terry J. Hatter CR: Maria Beesley & John Turman (weap) (Entered: 08/08/1995)

07/25/1995 1897 MINUTES: 24th Day: Balance of Sterling's test read to jury. Deliberations resumed. by Judge Terry J. Hatter CR: Maria Beesley & John Turman (weap) (Entered: 08/08/1995)

07/26/1995

1897

MINUTES: 25th Day: at 9:30 a.m., delib resumes. at 11 a.m., jury returns with verdict awarding general & punitive damages. (See special Verdict). Verdict read & filed. Jurors polled & discharged. County's re−newed rule 50 motion denied. Filed notes from jury. Filed jury instructions. Exhibits returned to each cnsl to be kept in their care pending final resolution of the matter. by Judge Terry J. Hatter CR: Maria Beesley & John Turman (weap) (Entered: 08/08/1995)

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07/26/1995 1898 JURY NOTES filed (weap) (Entered: 08/08/1995)

07/26/1995 1899 SPECIAL VERDICT (weap) (Entered: 08/08/1995)

07/26/1995 1900 JURY INSTRUCTIONS submitted (weap) (Entered: 08/08/1995)

07/28/1995

LODGED Judgment as a matter of law in favor of dfts (FWD TO CRD) (weap) (Entered: 08/10/1995)

07/28/1995

LODGED order granting motion for judgment as a matter of law (FWD TO CRD) (weap) (Entered: 08/14/1995)

07/28/1995

LODGED order granting mot for judgment as a matter of law (FWD TO CRD) (weap) (Entered: 08/14/1995)

07/28/1995

LODGED judgment on 2nd & 3rd causes of action as a matter of law in favor of dfts (FWD TO CRD) (weap) (Entered: 08/14/1995)

07/28/1995

LODGED judgment as a matter of law in favor of dft city of Lynwood, etc (FWD TO CRD) (weap) (Entered: 08/14/1995)

07/31/1995

LODGED judgment as a matter of law re immunity from punitive damages (FWD TO CRD) (weap) (Entered: 08/14/1995)

07/31/1995

LODGED order granting mot for judgment as a matter of law re immunity from punitive damages (FWD TO CRD) (weap) (Entered: 08/14/1995)

08/02/1995 1895 NOTICE by plaintiffs of change of status & change of address (weap) (Entered: 08/04/1995)

08/11/1995 1901 NOTICE by plaintiffs of change of address (weap) (Entered: 08/15/1995)

08/11/1995 1902 NOTICE by plaintiffs of change of firm address (weap) (Entered: 08/24/1995)

08/11/1995 1903 NOTICE by plaintiffs of change of firm address (weap) (Entered: 08/24/1995)

08/16/1995

LODGED judgment on the verdict submitted by plaintiffs (FWD TO CRD) (weap) (Entered: 08/25/1995)

08/17/1995 1904 OBJECTIONS by plaintiffs to proposed judgments lodged by defendants. (weap) (Entered: 08/28/1995)

08/21/1995 1905 VARIOUS REPLY by defendants to plf's untimely objections to proposed judgments lodged by dfts. (weap) (Entered: 08/31/1995)

08/22/1995

1906

OBJECTIONS by defendant Los Angeles County, defendant Lynwood City Of, defendant LASD, defendant Sherman Block, defendant Robert Edmonds, defendant Jerry Harper, defendant Richard Foreman, defendant Bert J Cueva to plfs amended [proposed] judgment on the verdict RE: fourth cause of action. (weap) (Entered: 09/05/1995)

08/23/1995 1907 NOTICE by plaintiffs of appearance of attorney E Richard Larson. (weap) (Entered: 09/05/1995)

10/18/1995 1908 NOTICE of change of responsible attorney by plaintiff William Scott (weap) (Entered: 10/25/1995)

01/26/1996 1909 JNT STIPULATION for crt ord approving settlement of class actn by defts (jc) (Entered: 02/01/1996)

01/26/1996

1910

ORDER by Judge Terry J. Hatter granting stipulation [1909−1]; ORD tht the settlement agreement, because it is fair, reasonable & beneficial to the class be & hereby is Approved; FUR ORD tht ntc to the unnamed class members is neither necessary nor required; FUR ORD tht pltfs lead cnsl shl not distribute the settlement money to either cnsl or the pltfs pending a determination by the crt as to the reasonableness of the distributions; FUR ORD tht pltfs lead cnsl shl keep the settlement money in an int bearing bank acct pending the crt's determination of the reasonableness of the distributions; FUR ORD tht by 2/20/96 pltfs lead cnsl shl svc on the named pltfs & fi under seal if desired, w/the crt an explanation as to how the settlement proc will be divided among the named pltfs include the basis for such division & an explanation as to why the amt to be pd to cnsl for fees & exp is

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 84 of 87

reasonable. (jc) (Entered: 02/01/1996)

02/02/1996 1911 STIPULATION and ORDER by Judge Terry J. Hatter terminating case w/prej MD JS−6 (ENT 2/5/96) cc: counsel (dmjr) (Entered: 02/05/1996)

02/20/1996 1914 RESPONSE by plaintiffs of lead counsel to court order of 1/26/96***FILED UNDER SEAL*** (weap) (Entered: 02/23/1996)

02/20/1996 1915 CLASS Counsels' separate report to the court pur to 1/26/96 order re fairness of settlement; and request to court to withhold approval for distribution of attorneys fees***FILED UNDER SEAL*** (weap) (Entered: 02/23/1996)

02/21/1996 1912 CLASS Counsels reply to response of lead counsel re distribution of settlement**UNDER SEAL*** (weap) (Entered: 02/23/1996)

02/21/1996 1913 RESPONSE by plaintiffs of lead counsel for the Lynwood litigation team to separate report of NAACP−LDF**FILED UNDER SEAL*** (weap) (Entered: 02/23/1996)

02/26/1996

1916

ORDER by Judge Terry J. Hatter that plfs lead cnsl may distribute that portion of the settlement money that has been designated to be paid to the named plfs. It is fur ORD that plfs lead cnsl shall not distribute that portion of the settlement money that has been designated to be paid to cnsl for fees, cost or expenses pending notification to the crt that all class cnsl have agreed. It is fur ORD that plf lead cnsl shall keep that portion of the settlement money designated for fees, costs & expenses in an interest bearing bank account pending cnsl agreement as to distribution. It is fur ORD that the crt's ord requiring plfs lead cnsl to serve on the named plfs an explanation as to how the settlement procees will be divided among the named plfs be, & hereby is, VACATED. (weap) (Entered: 03/07/1996)

03/13/1996 1919 NOTICE by plaintiffs of settlement of disputed fees and cost claims. (weap) (Entered: 03/21/1996)

03/13/1996

LODGED cc 9th C/A ord applnt's mot for vol dismissal is granted. (app) (Entered: 04/10/1996)

03/15/1996 1917 CERTIFIED COPY of Appellate Court Order: Appellants' mot for vol dism of the appeal under FRAP 42(b) is gr. (Ent 3/19/96). (lori) (Entered: 03/19/1996)

03/15/1996 1918 Min Ord of Judge Hatter: It is ord that the ord of the US Crt of Appeals for the 9th Circuit gr the appellants' mot for vol dism of the appeal herein shall be fld & spread upon the records of the crt. (Ent 3/19/96) (lori) Modified on 03/19/1996 (Entered: 03/19/1996)

12/11/1997 1920 NOTICE OF MOTION AND MOTION by plaintiffs for order directing puchase of sttlmnt annuity for plf Lloyd Tyrone Polk III ; motion hearing set for 10:00 1/5/98; Mem of Law; decl of John C Burton (el) (Entered: 12/15/1997)

02/06/1998

1921

ORDER by Judge Terry J. Hatter denying motion for order directing puchase of sttlmnt annuity for plf Lloyd Tyrone Polk III [1920−1] ord pltf cnsl s/place minor's portion of settlement into a federally insured bank acct. The acct s/be in the minor's name s/be blocked to prevent minor, or anyone else, frm withdrawing funds until minor reaches age 18 or upon ord of crt (dmjr) (Entered: 02/10/1998)

06/14/2006

1922

NOTICE OF MOTION AND MOTION to Intervene to Modify Any Protective Order or Stipulation Entered Into to permit disclosure; Memorandum of Points and Authorities; Declarations of Counsel; Exhibits; Request for Judicial Notice; filed by intervener Freddie Fuiava. Motion set for hearing on 7/10/2006 at 10:00 AM before Judge Terry J. Hatter Jr. Lodged proposed order. (rla, ) (Entered: 06/22/2006)

06/30/2006 1923 OPPOSITION to MOTION to Intervene to Modify Protective Order 1922 . Request for Judicial Notice and Declaration of John M Bowers filed by County of Los Angeles Defendants Juan Alvarado, Unknown Anderson, Charles Barton, Timothy E Benson, Paul Archambault. (bg, ) (Entered: 07/03/2006)

06/30/2006 1924 NOTICE of Association of Counsel Filed by defendant County of Los Angeles. Associates Fuentes & McNally, 144 North Brand Boulevard, Glendale, CA 91203; telephone 818−543−4750. (bb, ) (Entered: 07/05/2006)

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 85 of 87

07/10/2006 1925 REPLY to opposition to MOTION to Intervene to Modify Protective Order 1922 filed by plaintiff Freddie Fuiava. (bg, ) (Entered: 07/19/2006)

07/31/2006 1926 ORDER by Judge Terry J. Hatter Jr, MOTION to Intervene 1922 is Denied. (bg, ) (Entered: 08/01/2006)

08/23/2006 1927 Mail Returned addressed to James Oliver Foster re 1926 Order (shb, ) (Entered: 08/25/2006)

08/25/2006 1928 NOTICE OF APPEAL to 9th CCA filed by Intervener Freddie Fuiava. Appeal of Order 1926 Filed On: 7/31/06; Entered On: 8/1/06; Filing fee $ 455, Billed.cc: Diana Samuelson; Donald W. Cook; De Witt W Clinton.(car, ) (Entered: 08/30/2006)

08/25/2006 1929 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: NONE REQUESTED; Re: Appeal to Circuit Court 1928 (car, ) (Entered: 08/30/2006)

08/30/2006 1930 CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court 1928 filed by Freddie Fuiava (car, ) (Entered: 08/30/2006)

08/30/2006

Civil Appeals Docketing Statement received from Intervenor Freddie Fuiava forwarded to 9th CCA. RE: Appeal to Circuit Court 1928 (car, ) (Entered: 08/30/2006)

08/30/2006

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court 1928 (car, ) (Entered: 08/30/2006)

09/01/2006

APPEAL FEE PAID: re Appeal to Circuit Court 1928 as to Intervenor Plaintiff Freddie Fuiava; Receipt Number: 88177 in the amount of $455. (car, ) (Entered: 09/07/2006)

09/11/2006 1931 NOTIFICATION by Circuit Court of Appellate Docket Number 06−56228, 9thCCA regarding Appeal to Circuit Court 1928 filed by Freddie Fuiava,. (lm, ) (Entered: 09/11/2006)

09/13/2006 1932 Mail Returned addressed to George V Denny re 1926 Order (bg, ) (Entered: 09/14/2006)

05/16/2008 1933 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 1928 , CCA # 06−56228. The challenged order is is vacated and the cause is remanded to the district court for further proceedings. Mandate received in this district on 05/16/08. (cbr) (Entered: 05/22/2008)

05/23/2008 1934 MINUTES OF IN CHAMBERS ORDER held before Judge Terry J. Hatter Jr: counsel are hereby notified that the court now sets a status conference re Mandate of the 9th CCA, vacated and remanded a challendged order, Appeal No. 06−56228, now set for June 23, 2008 at 10:00 a.m. (ys) (Entered: 05/23/2008)

05/28/2008

1935

ORDER by Judge Terry J. Hatter, Jr : The Court has reviewed the Ninth Circuits opinion regarding the motion of Freddie Fuiava to intervene to seek modification of the protective order. It is Ordered that Freddie Fuiava may renew his motion to intervene by June 30, 2008. The moving papers shall address the issues raised by the Circuit. Opposition and reply papers shall be filed pursuant to the Local Rules. (lom) (Entered: 06/02/2008)

06/17/2008 1938 MINUTES OF IN CHAMBERS ORDER held before Judge Terry J. Hatter, Jr: counsel are notified the status conference hearing set for June 23, 2008 is hereby vacated, no appearance is necessary, pursuant to the May 28, 2008 order (ys) (Entered: 06/17/2008)

06/30/2008 1940 SUPPLEMENT to MOTION to Intervene 1922 filed by Intervenor Plaintiff Freddie Fuiava. (Attachments: # 1 Exhibit Memorandum Order 9th Circuit)(Samuelson, Diana) (Entered: 06/30/2008)

07/02/2008

1941

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Motion RE: Supplement(Motion related) 1940 .Please do not use Supplement. This document is a Motion. Please refer to Motions and Related Filings: Motions for Order, etc. 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.

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 86 of 87

(lom) (Entered: 07/02/2008)

07/08/2008 1942 NOTICE OF MOTION AND MOTION to Intervene filed by Intervenor Freddie Fuiava. Motion set for hearing on 8/4/2008 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Exhibit)(Samuelson, Diana) (Entered: 07/08/2008)

07/10/2008

1943

NOTICE of Change of Attorney Information: Patrick O. Patterson is no longer attorney of record in this case for the reason indicated in the G−06 Notice.Patrick O Patterson is no longer attorney of record in this case for the reason indicated in the G−06 Notice. Filed by Plaintiff Linda Calderon, Jorge Calderon, Demetrio Carillo, Elzie Coleman, Dolores Dalton, Marrianne English, Sergio Galindo, Raul Gonzales, Marcelo Gonzalez, Darren Thomas, Richard Hernandez, Jeffrey Holliman, Socorro Huerta, Eric Jones, Sandra Leonard, Candi Leonard, Yidefonza Lorenzana, Alfredo Maya, Raul Maya, Carlos Maya, Jesus Avila, Marguerita Maya, Ruben Maya, Lupe Maya, Natalie Melendrez, George Mendibles, Estella Montoya, Raphael Ochoa, Jose Ortega, Delia Osita, Ernesto Avila, Patsy Perez, Rita Preciado, Teresa Rodriguez, Sergio Sanchez, Jose Sanchez, Alfredo Sanchez, Charles Scott, Tracy Batts, Michael Sterling, Kevin Marshall, William Scott, Alvin Washinton, Danny Williams, Aaron Breitigam, Antonio Caballero, Ruben Calderon, Julia Polk, Estela Sanchez, Alfonso Sanchez, Francisco Tovar, Elsa Tovar, Marta Velez, Carolina Calderon (lt) (Entered: 07/14/2008)

07/23/2008 1944 EXPARTE APPLICATION for Extension of Time to File Opposition to Renewal Motion filed by Defendant Los Angeles County. (Attachments: # 1 Proposed Order, # 2 Opposition to Motion to Renew)(Fuentes, Raymond) (Entered: 07/23/2008)

07/31/2008 1945 REPLY Supporting motion MOTION to Intervene 1922 , MOTION to Intervene 1942 , EXPARTE APPLICATION for Extension of Time to File Opposition to Renewal Motion 1944 filed by Intervenor Plaintiff Freddie Fuiava. (Attachments: # 1 Exhibit)(Samuelson, Diana) (Entered: 07/31/2008)

08/04/2008

1947

ORDER Granting County Defendants' EXPARTE APPLICATION for Extension of Time to File Opposition to Renewal Motion 1944 by Judge Terry J. Hatter, Jr. It is Ordered that the Renewal of Motion to Intervene to Modify the ProtectiveOrder is continued to August 11, 2008; the County Defendants may file an opposition to said Renewal Motion on or before 7/28/08; and, a reply to said opposition may be filed on or before 8/4/08. (lom) (Entered: 08/06/2008)

08/06/2008 1946 NOTICE of Change of Attorney Information for attorney Holly A Thomas counsel for Plaintiff Darren Thomas.Theodore M. Shaw is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G−06 Notice. Filed by Plaintiff Darren Thomas, et al. (Thomas, Holly) (Entered: 08/06/2008)

02/11/2009 1953 ORDER by Judge Terry J. Hatter, Jr, denying Intervenor Freddie Fuiava's renewed motion to Intervene to modify the protective order 1942 . (lom) (Entered: 02/13/2009)

02/26/2009 1954 NOTICE OF APPEAL to the 9th CCA filed by Intervener Freddie Fuiava. Appeal of Order, Set/Clear Flags 1953 . (Filing Fee not paid.) (Samuelson, Diana) (Entered: 02/26/2009)

02/26/2009 1955 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals 1954 . (Samuelson, Diana) (Entered: 02/26/2009)

02/26/2009 1956 FILING FEE LETTER issued as to Intervenor Freddie Fuiava, re Notice of Appeal to 9th Circuit Court of Appeals 1954 . (dmap) (Entered: 02/26/2009)

02/27/2009 1957 NOTIFICATION by Circuit Court of Appellate Docket Number 09−55297, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 1954 as to Intervernor Freddie Fuiava. (cbr) (Entered: 03/02/2009)

03/06/2009 1961 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 1954 as to Intervenor Plaintiff Freddie Fuiava; Receipt Number: 116547 in the amount of $455. (cbr) (Entered: 03/09/2009)

04/30/2010 1963 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 1954 , CCA # 09−55297. The decision of the District Court is VACATED and REMANDED. Mandate received in this district on 09−55297. (cbr) (Entered: 05/03/2010)

Case: 2:90-cv-05217-TJH As of: 07/22/2014 10:56 AM PDT 87 of 87

05/04/2010

1964

MINUTES OF (IN CHAMBERS) MANDATE OF THE NINTH CIRCUIT COURT OF APPEALS by Judge Terry J. Hatter, Jr.: THE COURT REVIEWS the mandate (judgment or order) of the Ninth Circuit Court of Appeals Vacating and Remanding 1963 . The Court is in receipt of the Mandate of 9th Circuit Court of Appeals filed on 4/30/2010. Pursuant to the Mandate of the 9th Circuit Court of Appeals, intervenor Freddie Fuiava's Renewed Motion to Intervene to Modify the Protective Order 1942 is hereby DENIED AS MOOT. Court Reporter: Not Present. (gk) (Entered: 05/05/2010)

 
 978 F.2d 504 (1992)
Darren THOMAS, et al., Plaintiffs-Appellees, v.
COUNTY OF LOS ANGELES; City of Lynwood; Los Angeles County Sheriff's Department; Sheriff Sherman Block; Captain Bert J. Cueva; Defendants-Appellants. Darren THOMAS, et al., Plaintiffs-Appellees, v. COUNTY OF LOS ANGELES, Defendant, and
Paul Archambault; Katherine Brown-Voyer; Tony Campbell; James Corrigan; Robert Delgadillo; Kelly Gill; Douglas Gillies; Ruben Gracias; Kevin Kiff; J. Leslie; Jason Mann; Guy Mato; John Mossotti; Ed Nordskog; Michael Pippin; Dan Raimo; Thomas Rosas; J.
Sheehy; Elizabeth Smith; Greg Thompson; Michael Voge; Defendants-Appellants.
Nos. 91-56047, 91-56048.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted December 4, 1991. Decided October 21, 1992.
As Amended February 12, 1993.
505 *505 Steven D. Manning and Robert S. Wolfe, Douglas J. Collodel, and Richard H. Nakamura, Jr., Morris, Polich & Purdy, Los Angeles, Cal., for defendants-appellants.
Robert A. Olson, Greines, Martin, Stein & Richland, Beverly Hills, Cal., for defendants-appellants.
Patrick O. Patterson, NAACP Legal Defense and Educational Fund, Inc., Los Angeles, Cal., for plaintiffsappellees.
Before: SCHROEDER and KOZINSKI, Circuit Judges, and ORRICK,[*] District Judge.
SCHROEDER, Circuit Judge:
The plaintiffs, predominately black and hispanic residents of the City of Lynwood, California, brought this section 1983 class action alleging that deputy sheriffs at the Lynwood station of the Los Angeles County Sheriff's 506 Department were mistreating minority citizens. The complaint, filed against the County of Los Angeles, the *506 City of Lynwood, the Los Angeles County Sheriff's Department, supervisory personnel within the Sheriff's Department, and individual Sheriff's deputies, includes allegations of unlawful detentions and searches, beatings, shootings, terrorist activities, and destruction of property. Specifically, the plaintiffs charge that deputy sheriffs in Lynwood use excessive force in detaining minority citizens and employ unlawful procedures in searching residences occupied by minorities. This appeal, filed by the defendants, challenges the preliminary injunction issued by the district court in an effort to bring to an end the incidents of police misconduct.
The injunction issued by the district court ordered the entire Los Angeles Sheriff's Department to do the following:
1. Follow the Department's own stated policies and guidelines regarding the use of force and procedures for conducting searches; and
2. Submit to the Court in camera and under seal, copies of reports alleging the use of excessive force that are in the possession of the Department on the first of every month.
Pursuant to the defendants' request for emergency appellate relief, this court stayed the injunction pending appeal.

We reverse the district court's injunction because its broad geographic and substantive scope is not supported by the record before us, and because the district court entered the injunction and subsequent findings of fact without resolving some serious factual disputes concerning the specific incidents of misconduct alleged. We hold that the plaintiffs do have standing to pursue this action and we remand for further proceedings.
Proceedings Below
The misconduct as described by the plaintiffs is both malicious and pervasive. Affidavits collected during the early stages of litigation charge that black and hispanic men have been repeatedly arrested without cause and severely beaten at the Lynwood station, the County jail, and the "Operations Safe Streets" trailer. Guns, flashlights, fists, clubs, boots, a brick wall, and an electric Taser gun were just a few of the weapons allegedly used to injure individual plaintiffs. Many of the victims required medical treatment after being "apprehended" by Lynwood deputies, and some were hospitalized. Firearms were purportedly used to terrorize suspects. Affidavits recount instances where deputies placed the muzzle of a firearm in a suspect's ear, mouth or behind his head, and threatened to pull the trigger, or actually fired the gun without discharging a bullet. The plaintiffs also cite ten incidents where deputies allegedly illegally forced entry into residences, searched and ransacked the premises, and then left without arresting anyone. Many of the incidents described by the plaintiffs involved racial slurs and obscene language directed at the victim of the beating or search.
The plaintiffs filed volumes of declarations and affidavits in support of their allegations and defendants responded in kind. There was no evidentiary hearing. The record is described in appellees' brief as follows:
In support of their preliminary injunction motion, plaintiffs filed over 200 pages of documentary evidence, including 58 declarations detailing the deputies' misconduct and 33 color photographs of injuries and property damage suffered by the victims. Plaintiffs also relied on documents they had previously filed in opposition to defendants' pending motions, including certified copies of the declarations of 11 deputies and news reports concerning the existence and activities of the "Vikings," a white-supremacist gang of deputies operating within the Lynwood substation. Defendants responded with more than 1,200 pages of declarations and other documents in an effort to refute plaintiffs' claims. In reply, plaintiffs filed 25 additional declarations and other documents.
The plaintiffs sought from the district court a preliminary injunction to prevent further violent acts and unlawful searches. Before argument, the plaintiffs presented the court with a proposed order which anticipated enjoining 507 only department personnel acting within "the jurisdiction of the *507 Lynwood station." The defendants represented to the court, however, that the Department's deputy assignment policy would make such an order impossible and, if issued, would "interject confusion into law enforcement operations." In response, the district court granted the plaintiffs' motion for a preliminary injunction, but struck the geographic limitation contained in the proposed order. The preliminary injunction was entered on September 23, 1991.
Although two weeks later the district court filed written findings of fact and conclusions of law in support of the preliminary injunction order, they were entered without an evidentiary hearing and did not resolve any specific conflicting factual allegations.[1] The findings of fact and conclusions of law are reprinted in their entirety in the Appendix.
Standing
As a threshold matter, appellants challenge plaintiffs' standing to pursue this action in which they seek to represent a class of residents and visitors to the Lynwood area who have been or may be mistreated by Lynwood Sheriff's deputies on account of their race, color, national origin, age, or economic class. Appellants rely principally on City of Los Angeles v. Lyons, 461 U.S. 95, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983).

The Article III "case or controversy" requirement restricts federal jurisdiction to those cases where the plaintiffs can maintain that their injury or the threat of future injury by the defendants is "both `real and immediate,' not `conjectural or hypothetical.'" Lyons, 461 U.S. at 102, 103 S.Ct. at 1665 (citations omitted). Plaintiffs allege that they are suffering ongoing irreparable injury as a result of the Lynwood deputies' terrorist-type tactics. Further, they contend that there is a direct link between the department policy makers and the injuries suffered by the plaintiffs.
The majority of the incidents alleged by the plaintiffs are said to have occurred within a six by seven block area within the jurisdiction of the Lynwood station. Seventy-five plaintiffs allege that they were victims of police misconduct, many within this small section of the City. A number of the class members are alleged to have been repeatedly subject to police brutality and harassment. This is significant as the "possibility of recurring injury ceases to be speculative when actual repeated incidents are documented." Nicacio v. United States I.N.S., 797 F.2d 700, 702 (9th Cir.1985).
Also significant is the fact that members of the plaintiff class have been subjected to retaliatory attacks in response to the filing of this action. In O'Shea v. Littleton, the Supreme Court dismissed a complaint alleging discrimination in sentencing, holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse affects." 414 U.S. 488, 495-96, 94 S.Ct. 669, 676, 38 L.Ed.2d 674 (1974). Repeated instances of violence and retaliatory confrontations are "continuing present adverse affects" and cause the threatened injury to be "sufficiently real and immediate to show an existing controversy." Id. at 496, 94 S.Ct. at 676.
Lyons does counsel caution with respect to federal intervention in state law enforcement matters. See LaDuke v. Nelson, 762 F.2d 1318, 1323 (9th Cir.1985) (citing Lyons, 461 U.S. at 112, 103 S.Ct. at 1670). Lyons too involved a federal court's order enjoining allegedly unconstitutional conduct of city law enforcement officials. The Court explained that to prevail on the standing question, Lyons needed to "credibly allege that he faced a realistic threat from the future application of the City's policy." Id. at 107 n. 7, 103 S.Ct. at 1667 n. 7. The Court held that Lyons, 508 one citizen *508 in a very large city, could not credibly allege that he would again be detained by the police and again be the victim of a police chokehold. In contrast, the record before this court indicates that numerous instances of police misconduct have occurred in a small six by seven block area, some minority residents of the area have been mistreated by deputies more than once, and many victims purportedly did nothing to warrant detention or apprehension prior to the mistreatment. Moreover, plaintiffs have alleged that the misconduct is purposefully aimed at minorities and that such misconduct was condoned and tacitly authorized by department policy makers. We conclude that the plaintiffs have alleged a "real and immediate threat of injury" and consequently have presented a justiciable controversy. Lyons, 461 U.S. at 103, 103 S.Ct. at 1666.
Merits of the Injunction
The primary question raised by this appeal is whether the equitable relief granted by the district court was permissible given the evidence offered by the parties. For two reasons we conclude that the injunction, as issued, must be vacated. First, the district court's finding that the abuses in question were the product of departmental policy is not supported by this record containing conflicting declarations unresolved by an evidentiary hearing or specific factual findings. Second, the injunction was too sweeping. Our holding, however, is limited to the record before us and does not preclude the grant of narrower preliminary or permanent injunctive relief on the basis of a more fully developed record.
I. Showing departmental policy: the need to resolve factual disputes.
"Our review of a motion for preliminary injunction is `very limited.'" International Molders' & Allied Workers' Local Union No. 164 v. Nelson, 799 F.2d 547, 550 (9th Cir.1986). However, we may overturn a preliminary injunction if the record does not support the district court's conclusion that the plaintiff is likely to succeed on the merits. Id. at 551; see also Caribbean Marine Services Co. v. Baldrige, 844 F.2d 668, 674-75 (9th Cir.1988). When the district court imposes a preliminary injunction on a state agency, a strong factual record is necessary; our review of the

injunction must be more rigorous when we review an injunction against a state as opposed to a federal agency, since the Supreme Court requires a showing of an intentional and pervasive pattern of misconduct in order to enjoin a state agency. Rizzo v. Goode, 423 U.S. 362, 375, 96 S.Ct. 598, 606, 46 L.Ed.2d 561 (1976).
A state law enforcement agency may be enjoined from committing constitutional violations where there is proof that officers within the agency have engaged in a persistent pattern of misconduct. Allee v. Medrano, 416 U.S. 802, 815-16, 94 S.Ct. 2191, 2200-01, 40 L.Ed.2d 566 (1974); Hague v. Committee for Industrial Organization, 307 U.S. 496, 517, 59 S.Ct. 954, 964, 83 L.Ed. 1423 (1939). In Allee, the Supreme Court upheld a permanent injunction restraining further unconstitutional conduct by various Texas state law enforcement officials who had unlawfully threatened, detained, confined, and physically assaulted union leaders engaged in organizing efforts. Id. 416 U.S. at 804-05, 815, 94 S.Ct. at 2195, 2200. In affirming the district court's injunction, the Supreme Court found that the constitutional violations "were not a series of isolated incidents but a prevailing pattern" of police misconduct. Id. at 809, 94 S.Ct. at 2197.
Two years after Allee, the Supreme Court again had reason to examine a federal court's equitable power to enjoin a state law enforcement agency. In Rizzo v. Goode, 423 U.S. 362, 96 S.Ct. 598, 46 L.Ed.2d 561 (1976), the Supreme Court reaffirmed the factual showing required under Allee 0907 a pervasive pattern of police misconduct 0907 but further defined that standard to include only that conduct "which flowed from an intentional, concerted, and indeed conspiratorial effort to deprive [the victims] of their [constitutional] rights." Id. 423 U.S. at 375, 96 S.Ct. at 606.
In Rizzo, as in this case, equitable relief was granted by the district court in an effort to halt instances of police brutality directed at minority citizens. The injunction issued by the district court ordered police officials to submit 509 for approval a comprehensive program for dealing with *509 civilian complaints alleging police misconduct. Id. at 365, 96 S.Ct. at 601-02. The Supreme Court held that nineteen constitutional violations in a year's time, by only a small percentage of the police, did not warrant injunctive relief. Id. at 367-369, 375, 96 S.Ct. at 602-03, 606. In articulating how the plaintiffs had failed in their proof, the Court explained that to succeed the plaintiffs needed to show that the police misconduct flowed from a policy, plan, or a pervasive pattern. Further, this pattern, plan or policy had to be causally linked to the defendants named in the action. The Court placed considerable emphasis on the fact that the officers who actually participated in the alleged incidents of misconduct were not named as defendants in the action. Id. at 375, 96 S.Ct. at 606.
Unlike Rizzo, the plaintiffs in this case did name as defendants twenty-one individual sheriff's deputies who were purportedly responsible for the misconduct. Supervisory personnel were also named defendants. The plaintiffs argue that the challenged conduct is causally linked to the Los Angeles Sheriff's Department policies, citing the large number of incidents, the racial animus motivating the violence, the Department's vigorous campaign against minority-race gangs, and the purported existence of a gang of white Sheriff deputies known as the "Vikings." Specific findings of a persistent pattern of misconduct supported by a fully defined record can support broad injunctive relief. See, e.g., Orantes-Hernandez v. Thornburgh, 919 F.2d 549 (9th Cir.1990). But there are no similar specific findings here to support the district court's general conclusion that there is "a direct link between departmental policy makers, who tacitly authorize deputies' unconstitutional behavior, and the injuries suffered by the defendant."
The parties to this action submitted diametrically opposing declarations and counter-declarations disputing the frequency and seriousness of police misconduct. Before issuing its preliminary injunction, the district court did not conduct evidentiary proceedings to resolve any of the disputed matters. We are mindful that plaintiffs' eventual burden in obtaining a permanent injunction against a state law enforcement agency is to establish more than repeated incidents of misconduct. See Rizzo, 423 U.S. at 374-375, 96 S.Ct. at 605-606. The record in this case does not yet contain a sufficient basis on which to evaluate the likelihood of the plaintiffs' succeeding on the merits in establishing, not merely misconduct, but a pervasive pattern of misconduct reflecting departmental policy.

II. The breadth of the injunction.
The district court's order directed all Los Angeles County Sheriff's Department employees to follow "the Department's own stated policies and guidelines regarding the use of force and procedures for conducting searches." The plaintiffs presented no evidence supporting application of the injunction in areas other than the jurisdiction of the Lynwood station. The work assignment policy of the Los Angeles County Sheriff's Department, upon which defendants based their objection to any injunction being entered, does not justify application of this injunction to all Sheriff's Department employees working in the Los Angeles metropolitan area. The injunction plaintiffs initially proposed would have bound only Department personnel acting "within the jurisdiction of the Lynwood station." Neither the record nor the plaintiffs' allegations support an injunction against the entire Sheriff's Department without geographic circumscription.
The district court's injunction also directs compliance, under penalty of contempt, with all department policies and guidelines for conducting searches and for the use of force. It does not define what the policies are, or how they can be identified. The order thus fails to specify the act or acts sought to be restrained as required by Fed.R.Civ.P. 65(d).
Plaintiffs incorrectly rely on Davis v. City and County of San Francisco, 890 F.2d 1438 (9th Cir.1989) as authority for their position that the injunction can incorporate departmental policies without specific reference. That case does not permit the wholesale incorporation of Department policies and guidelines as an injunctive mandate. The 510 injunction issued in that case incorporated by reference portions of a single *510 general internal order issued by the San Francisco Fire Department requiring that station houses be inspected for racially inflammatory or sexually inflammatory material. The injunction, by way of an incorporated order, specified the act or acts sought to be restrained. It did not incorporate by reference, all SFFD policies and guidelines.
Finally, Paragraph two of the district court's injunction directs the Los Angeles County Sheriff's Department to "[s]ubmit to the Court, in camera and under seal, copies of reports alleging the use of excessive force that are in the possession of the Department on the first of every month." The district court is authorized to direct the submission of such reports to ensure compliance with an injunction. Provided it is not "overly burden-some," such oversight can be a proper exercise of the district court's discretion "because it helps ensure compliance with the injunction." Gluth v. Kangas, 951 F.2d 1504, 1511 (9th Cir.1991) (upholding injunction requiring state prison authorities to submit to the district court duplicate reports of denials of prisoner supply requests). Requiring submission of incident reports in camera and under seal is not in and of itself an unduly burdensome way for the district court to monitor the defendants' compliance with an otherwise valid order enjoining future unlawful conduct. See Kerr v. United States Dist. Ct. for N.D. Cal., 426 U.S. 394, 405-06, 96 S.Ct. 2119, 2125-26, 48 L.Ed.2d 725 (1976); Guerra v. Board of Trustees of Cal. State Universities, 567 F.2d 352, 355 (9th Cir. 1977) (in camera review, deletion of names, and strict control over copies are a few of the "read[ily] availab[le] alternatives to protect confidentiality"). In this case, however, this portion of the injunction does not yet further compliance with an otherwise valid order and, insofar as it applies to all incidents reported to the Los Angeles County Sheriff's Department, is even broader than the scope of plaintiffs' complaint. The plaintiffs have alleged deputy misconduct only within the jurisdiction of the Lynwood station. Any reporting provision entered by the district court should be tailored to fit within the scope of the litigation and must further an appropriate injunctive remedy.
Conclusion
The preliminary injunction entered by the district court is REVERSED AND THE MATTER REMANDED FOR FURTHER PROCEEDINGS.
APPENDIX
The court's findings of fact and conclusions of law provide as follows:

FINDINGS OF FACT

1. Plaintiffs filed this civil rights action suit under 42 U.S.C. §§ 1983 and 1985 to stop, what they perceived to be, the systematic and unjustified shootings, killings, beatings, terrorism, and destruction of property caused by Los Angeles County deputy sheriffs at the Lynwood sub-station.

2. A motion to certify the class has not yet been filed.

3. Since the date this case was filed, there have been many confrontations between deputy sheriffs and plaintiffs, in an apparent attempt by the deputies to convince plaintiffs to dismiss this action.

4. Several plaintiffs were charged with crimes after they were allegedly brutalized by deputies. These individuals were charged pursuant to an unwritten Sheriffs Department policy of charging a person injured in the course of a routine stop. Because of the unreasonable force used in effectuating their arrests, many of these victims had their criminal charges dropped at arraignment.

5. Witnesses who attempted to file misconduct reports regarding some of the brutality incidents were discouraged from doing so by deputies and their superiors.

6. Most of the deputies who work in the Lynwood area are permanently assigned to the Lynwood

sub-station; however, a significant number of officers, such as reserve officers and members of

511

department-wide bureaus, are not permanently assigned to the Lynwood sub-station, *511 but

occasionally work in the Lynwood area.

7. The actions of many deputies working in the Lynwood sub-station are motivated by racial hostility; these deputies regularly disregard the civil rights of individuals they have sworn to protect. Many of the incidents which brought about this motion involved a group of Lynwood area deputies who are members of a neo-nazi, white supremacist gang 0907 the Vikings 0907 which exists with the knowledge of departmental policy makers.

8. Deputies, who previously worked in the Lynwood sub-station, acknowledge that during the period they were assigned to Lynwood, it was clear that many of the deputies and sergeants in Lynwood were out to intimidate and ridicule Blacks and Hispanics.

9. There is a direct link between departmental policy makers, who tacitly authorize deputies' unconstitutional behavior, and the injuries suffered by the plaintiffs.

10. As a result of the terrorist-type tactics of deputies working in Lynwood, and the policy makers' tolerance of such tactics, plaintiffs are being irreparably injured 0907 both physically and mentally 0907 and their civil rights are being violated.

11. The evidence presented by the plaintiffs is more credible than that presented by the defendants.

12. To the extent that any of these findings of fact are deemed to be conclusions of law, they are incorporated as conclusions of law.

CONCLUSIONS OF LAW

1. Plaintiffs have standing to seek injunctive relief because:

A. They requested damages as well as injunctive relief (see Giles v. Ackerman, 746 F.2d 614 (9th Cir.1984), cert. denied, 471 U.S. 1053 (1985));

B. They have alleged a persistent pattern of police misconduct in the Lynwood area from which a future threat can be inferred (see Smith v. City of Fontana, 818 F.2d 1411 (9th Cir.1987)); and
C. Their claims for injunctive relief and damages are based on the same operative facts (see Smith, 818 F.2d at 1423).
2. A preliminary injunction should be issued upon a showing of probable success on the merits and the possibility of irreparable harm, or the existence of serious questions on the merits and that the balance of hardships tips in the moving party's favor. Vision Sports, Inc. v. Melville Corp., 888 F.2d 609, 612 (9th Cir.1989).
3. When the public interest is involved, that factor must be treated as "one of the traditional equitable criteria which a court should consider in granting injunctive relief." Chalk v. United States, 840 F.2d 701, 711 (9th Cir.1988).
4. Plaintiffs have established their probable success on the merits, based on this Court's finding that the plaintiffs' evidence is more credible than that of the defendants.
5. Plaintiffs have also established irreparable harm, based on this Court's finding that the deputies' actions have resulted in irreparable physical and emotional injuries to plaintiffs and the violation of plaintiffs' civil rights.
6. This Court has balanced the equities and found that the irreparable injury to plaintiffs that would result from the denial of a preliminary injunction far outweighs any possible injury that such relief could cause defendants.
7. The issuance of a preliminary injunction will serve the public interest in that it will prevent, or at least minimize the physical, emotional, and psychological harm being suffered by plaintiffs and the Lynwood community at the hands of Lynwood area deputies.
8. To the extent that any of these conclusions of law are deemed findings of fact, they are incorporated as findings of fact.
512 *512 ORRICK, Senior District Judge, concurring in part and dissenting in part.
I concur with the majority's holding that appellants have standing to bring this action.
I respectfully dissent from the rest of the opinion.
The majority today holds that a district court, after making findings of fact based upon voluminous documentary evidence, has no power to enter a preliminary injunction[1] against a local law enforcement agency without holding a full-dress evidentiary hearing. This cannot be the law and, in my opinion, is not the law. The majority is only able to reach this surprising and flawed conclusion by ignoring the standard to be observed by this court in reviewing preliminary injunctions, and by blurring the distinction between preliminary and permanent injunctions.
The copious record submitted to the district court is replete with shocking allegations supported by declarations. As recited by the majority, plaintiffs brought forward evidence to show unlawful detentions and searches, beatings, shootings, terrorist activities, and destruction of property. More specifically, the declarations included evidence that black and hispanic men were repeatedly arrested without cause and severely beaten by deputies at the Lynwood station, the County jail, and the "Operations Safe Streets" trailer, using guns, flashlights, fists, clubs, boots, a brick wall, and an electric Taser gun to inflict injuries that often required medical treatment and left some victims hospitalized. The declarations recounted allegations of torture, such as deputies holding a gun to a suspect's head and threatening to shoot, or actually pulling the trigger without discharging a bullet, and allegations of illegal forced entry into residences, followed by a ransacking of the premises under the guise of a search.

The majority correctly measures this record by the standard set in Rizzo v. Goode, 423 U.S. 362, 375, 96 S.Ct. 598, 606, 46 L.Ed.2d 561 (1976), which overturned a permanent injunction against a municipal police department when plaintiffs failed to establish a causal connection between the alleged incidences of police brutality and a policy or plan of the defendant department, sufficient to show that the alleged "pervasive pattern of intimidation flowed from an intentional, concerted, and indeed conspiratorial effort to deprive the [victims] of their [constitutional] rights." Measured by that standard, the record in this case overwhelmingly supports a finding that plaintiffs will probably succeed at trial in proving a pervasive pattern of unlawful conduct. The finding of a causal connection is supported because (1) unlike in Rizzo, several of the deputies alleged to have participated in the misconduct are named defendants, and (2) there are allegations that senior officers in the department knew of the abuse and of the existence of a neo-Nazi, white supremacist gang composed of Lynwood station deputies. At a minimum, this record containing evidence showing a pervasive pattern of unlawful conduct rising to the level of a departmental policy justifies a preliminary injunction commanding the deputy sheriffs at the Lynwood station to follow their own rules and to submit monthly reports on complaints of the use of excessive force.
Instead, faced with this evidence, the majority reverses the district court's decision for failure to hold an evidentiary hearing and make "specific" factual findings because it finds "diametrically opposing declarations" in the record. In so doing, the majority has overstepped this court's power as a reviewing court.
Rule 52(a) of the Federal Rules of Civil Procedure provides that "[f]indings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous." (Emphasis added.) The district court has made findings of fact, on which it based its legal conclusions leading to its preliminary injunction order. The majority reverses the district court because no "specific findings [were made] to support the district court's 513 general conclusion" *513 that there is a link between policy makers and the injuries suffered. This characterization of the district court's findings is misleading. The district court specifically found that plaintiffs who were charged with crimes after they were allegedly brutalized were charged "pursuant to an unwritten Sheriffs Department policy of charging a person injured in the course of a routine stop." Findings of Fact, ¶ 4 (emphasis added). Further, the district court specifically found that "departmental policy makers" knew that Lynwood deputies were members of a neo-Nazi, white supremacist gang. Findings of Fact, ¶ 7. The district court also specifically found that the evidence presented by "plaintiffs is more credible than that presented by the defendants." Findings of Fact, ¶ 11. There is no basis for the majority to make a de novo review of the record and, because it is troubled by conflicting declarations, despite the fact that the district court specifically found plaintiffs' evidence to be more credible, to require an issue-by-issue resolution of each evidentiary conflict in the record.
Such a searching review is inappropriate under Rule 52(a) of the Federal Rules of Civil Procedure and is especially inappropriate when the court is reviewing a preliminary injunction. A preliminary injunction is just that 0907 preliminary.
As Chief Judge Wallace points out in Zepeda v. United State Immigration & Naturalization Service, 753 F.2d 719, 724 (9th Cir.1983) (citations omitted) (emphasis added):
Review of [a preliminary injunction order] is much more limited than review of an order granting or denying a permanent injunction.... Review of factual findings at the preliminary injunction stage is, of course, nontestimonial record available to the district court when it granted or denied the injunction motion.
In Hunt v. National Broadcasting Co., 872 F.2d 289 (9th Cir.1989), this circuit reiterated the point made in Zepeda. The Hunt opinion noted "the nonintrusive nature of our review of the preliminary injunction order" and discouraged appeals of future preliminary injunction orders by its speculation about whether such appeals represent "`an efficient use of limited judicial facilities.'" Id. at 293 (quoting Zepeda, 753 F.2d at 724). Keeping in mind that this is a preliminary injunction, this court must review these specific findings under the clearly erroneous standard.
The district court's findings of fact, though conclusory, are "plausible in light of the record viewed as a whole," even though necessarily "based on physical or documentary evidence" and "inferences from other facts."

Anderson v. Bessemer City, 470 U.S. 564, 574, 105 S.Ct. 1504, 1512, 84 L.Ed.2d 518 (1985). The efforts of both sets of defendants to convince this court that a mistake has been committed are tantamount to urging this court to "weigh[] the evidence differently" than did the district court. Bessemer, 470 U.S. at 574, 105 S.Ct. at 1511 (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948)). Under Bessemer, this court is not empowered to do so. Given the evidence in the record to support these findings of fact, there is no basis for the holding of the majority, which does not commit itself to any standard of review that the findings are clearly erroneous.
The majority, apparently having failed to consider the admonition of Chief Judge Wallace in Zepeda regarding review of preliminary injunctions, or the clear statement of Rule 52(a) of the Federal Rules of Civil Procedure, instead, in essence, reviewed the findings of fact de novo, and, putting itself in place of the district judge, finds them wanting in "specificity." It thus reverses the preliminary injunction, and directs the district judge to conduct an evidentiary hearing and explicitly resolve the factual disputes in the record. Not only is this result a misapplication of the standard of review, but the majority has eliminated the distinction between a permanent and a preliminary injunction.
This circuit has already rejected a presumption in favor of evidentiary hearings before deciding preliminary injunction motions. International Molders' & Allied Workers' Local Union, No. 164 v. Nelson 799 F.2d 547, 555 514 (9th Cir.1986). Instead, this circuit has stated: "[A]n evidentiary *514 hearing should not be held when the magnitude of the inquiry would make it impractical." Id. (emphasis added); see also United States v. Oregon, 913 F.2d 576, 582 (9th Cir.1990) (citing International Molders' and rejecting an evidentiary hearing before approving consent decree when facts are "complicated"). The paper record on which the district court based its findings of fact indicates that any evidentiary hearing would be of an impractical magnitude. The parties will have the opportunity for a full evidentiary hearing at trial before any permanent injunction will issue. To require a preliminary full-dress hearing before trial disserves the values this court sought to uphold in Zepeda, that is, judicial efficiency, discouraging appeals of preliminary injunctions, and swift response to preliminary injunction requests. 753 F.2d at 724.
As well as reviewing the findings of fact for clear error, this court must determine whether the district court's decision to grant a preliminary injunction based on those findings was an abuse of discretion. Hunt, 872 F.2d at 292. The district court abused its discretion if it failed to apply the correct legal standard, misapprehended underlying substantive law, or made clear error in judgment. Id. The district judge clearly applied the correct legal standard and understood the substantive law on which a court must base its discretionary decision to grant a preliminary injunction. The conclusions of law cite our opinions in Vision Sports, Inc. v. Melville Corp., 888 F.2d 609 (9th Cir.1989), and Chalk v. United States, 840 F.2d 701 (9th Cir.1988), setting out the well-established law of preliminary injunctions. Conclusions of Law, ¶¶ 2, 3. Recognizing that the moving party must show either a combination of probable success on the merits and the possibility of irreparable harm or serious questions requiring litigation and the balance of hardships tipped in its favor, Vision Sports, 888 F.2d at 612, the district judge specifically concluded that plaintiffs established probable success on the merits and irreparable harm. Conclusions of Law, ¶¶ 4, 5. He also balanced the hardships and found that the irreparable harm to plaintiffs, should the violations of departmental rules be allowed to continue, far exceeded any possible harm to defendants caused by requiring them to follow their own rules and, further, that the preliminary injunction would serve the public interest. Conclusions of Law, ¶¶ 6, 7. Applying the correct legal standard to his factual findings that plaintiffs' evidence is more credible than defendants' evidence and that the harm is current and on-going (Findings of Fact ¶¶ 10, 11), the district judge certainly did not make a clear error of judgment when he ordered the preliminary injunction.
The majority focuses on the substantive question of whether plaintiffs will be able to prove a causal connection between departmental policy and plaintiffs' injuries as required by Rizzo, and on the substantive scope of the preliminary injunction. The former concern is ill-founded and the latter does not necessitate reversal.
The majority's inquiry into the causal connection between departmental policy makers and plaintiffs' injuries is premature, except as it concerns plaintiffs' ability to meet the test for preliminary injunction, i.e., probable success on the merits or serious questions requiring litigation. This record contains declarations from a great number of plaintiffs, witnesses, and defendants, supporting the findings of racially motivated violations of civil rights and use

of excessive force. The district court was entitled to draw the natural, unavoidable, inference that such renegade behavior as is alleged here could not take place without the approval of policy makers[2] and, therefore, that plaintiffs had shown probable success on the merits. In any event, as discussed above, to support the grant of a preliminary injunction, there need only be serious questions deserving of litigation and a tipping of the balance of 515 hardships in *515 favor of the moving party. The evidence of a link between departmental policy makers and plaintiffs' injuries creates such serious questions and, as also discussed above, the balance of hardships clearly tips in plaintiffs' favor.[3]
Again, I must reiterate that this appeal concerns a preliminary injunction, not a permanent injunction as at issue in Rizzo.[4] The majority's citation to Orantes-Hernandez v. Thornburgh, 919 F.2d 549 (9th Cir.1990), is inapplicable because that case involved a permanent injunction subject to much closer scrutiny. Here, without doubt, the balance of hardships tips sharply in favor of plaintiffs. Therefore, plaintiff need only demonstrate that there is a "serious question" as to this issue deserving of litigation. The findings of fact made below certainly meet that test.
The majority also justifies its reversal on the overly broad geographic and substantive scope of the injunction. At the urging of appellants, the district court expanded the geographic scope of the preliminary injunction to cover the entire Los Angeles County Sheriff's Department. This expansion was granted to accommodate the defendants. There is, however, no support for such a vast decree. I agree that the preliminary injunction should be limited to deputy sheriffs operating in the jurisdiction of Lynwood substation. Such a limitation can easily be placed on the injunction by way of our final order, however, without vacating the district court's preliminary injunction. I am not overly concerned by the administrative difficulties this creates for the Sheriff's Department. The preliminary injunction is limited to policies "regarding the use of force and procedures for conducting searches." I believe this limitation is crucial. In situations involving the use of force against, or searches of, citizens, rife as they are with the possibility of dangerous and violent confrontations between deputy sheriffs and the public, it should not be too much to ask that deputy sheriffs comply with department policies and regulations.
The original proposed order submitted by plaintiffs expanded upon defendants' normal policies and procedures in significant respects. Rather than interfere with established procedures and policies, the district court instead simply required defendants to comply with the policies already established regarding use of force and searches. This is not a burdensome preliminary injunction by any standard. Indeed, if defendant's arguments are to be believed, they are already in full compliance with these policies. The district court, however, did not specify precisely which policies and procedures defendants must comply with or face the contempt powers of a federal court. The majority concludes that the preliminary injunction violates the specificity requirement of Rule 65(d) of the Federal Rules of Civil Procedure.
I agree that the policies to be followed by defendants must be specified more particularly. Such minor amendments, however, do not require that the preliminary injunction be vacated. We should follow our precedent set in Davis v. City & County of San Francisco, 890 F.2d 1438, 1450-51 (9th Cir.1989), in which we approved an injunction incorporating San Francisco Fire Department's rules "already binding upon the officers of the SFFD," and by separate order required the district court to specify which policies it intended the defendants to follow. The Davis court noted that this circuit "has not taken a rigid approach to Rule 65(d)" and further explained that the "primary purpose of Rule 65(d) is to assure adequate notice to parties faced with the possibility of contempt." Id. at 1450. The Davis court specifically noted that "[i]t is unlikely the officers could argue they were unaware of 516 these rules." Id. Likewise *516 here, the sheriff's deputies cannot contend that they are unaware of their own policies on force and searches. Indeed, defendants boast that "sheriff's deputies are thoroughly and repeatedly trained with respect to proper escalation of force." Where the primary purpose of Rule 65(d) has been accomplished, vacating the preliminary injunction would cause undue delay and is unnecessary.
There is no doubt that a federal court should be cautious in granting an injunction against state law enforcement agencies. See Rizzo, 423 U.S. at 380, 96 S.Ct. at 608 (discussing federalism concerns). We should be unwilling to undertake such interference absent the most compelling circumstances. Hesitation is natural and proper in the face of such a request. In this case, however, plaintiffs have alleged the most compelling circumstances imaginable. Given the limited scope of our review of the district judge's decision, i.e., whether his findings of fact are clearly erroneous and whether his conclusions of law indicate an abuse if discretion, I do not believe that the preliminary injunction should be overturned. If plaintiffs are correct and there is a white supremacist cell operating

with official knowledge out of the Lynwood sheriff's department, and these shootings, tortures, beatings, harassment, and slurs did in fact take place, then there can be no doubt that the preliminary injunction entered is fully justified. Defendants claim that these allegations are lies presented by disreputable gang members at war with authority, and gullibly reiterated by outside lawyers and the press. It is not the role of this tribunal to second guess a provisional determination as to this conflict made by the court below.
In my view, the preliminary injunction is proper and should stand, after modification on remand as described above. As noted in Zepeda, this ruling would not serve to indicate, in any way, the position this court would take after the development of a full record. 753 F.2d at 724.
[*] Honorable William H. Orrick, Jr., Senior United States District Judge for the Northern District of California, sitting by designation.
[1] Appellants incorrectly contend that the notice of appeal, filed September 24, 1991, divested the district court of jurisdiction to file the written findings and conclusions. The findings and conclusions were entered in furtherance of the injunction order and they further our review of that order. See Hybritech Inc. v. Abbott Laboratories, 849 F.2d 1446, 1450 (Fed.Cir.1988). Appellants have also asked to supplement the record with documents related to the subsequent class certification. Since that certification order was entered independently from the preliminary injunction, we deny the motion.
[1] The injunction commands that the entire Los Angeles Sheriff's Department follow its own policies and guidelines regarding the use of force and conduct of searches and submit to the Court in camera copies of reports alleging the use of excessive force that the Department collects monthly.
[2] The district court specifically found that "there is a direct link between departmental policy makers, who tacitly authorized deputies' unconstitutional behavior, and the injuries suffered by the plaintiffs." Findings of Fact, ¶ 9.
[3] There is simply no comparison between the beatings and harassment that may continue to be suffered by the plaintiffs and the "inconvenience" defendants will face in following policies that defendants themselves adopted and that they are already obliged to follow.
[4] While a preliminary injunction was entered by the district court in one of the cases comprising what became Rizzo, which injunction "restrain[ed] the police from violating the constitutional rights of citizens," Council of Organizations on Philadelphia Police Accountability v. Rizzo, 357 F.Supp. 1289, 1319 (E.D.Pa.1973), that preliminary injunction apparently was not the subject of further litigation.
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