Case: Lavan v. City of Los Angeles

Tony Lavan v. City of Los Angeles

Matt Reynolds

Emily Alpert Reyes

Benjamin G. Kassis

U.S. Department of Justice

COMPLAINT against Defendants City of Los Angeles. Case assigned to Judge Philip S. Gutierrez for all further proceedings. Discovery referred to Magistrate Judge Andrew J. Wistrich.(Filing fee $ 350:PAID), filed by plaintiffs Shamal Ballantine, Caterius Smith, Ernest Seymore, Lamoen Hall, Reginald Wilson, Tony Lavan, Byron Reese, Willie Vassie.(ghap) (Additional attachment(s) added on 4/7/2011: # 1 Notice of Assignment, # 2 Summons, # 3 Civil Cover Sheet) (ds). (Entered: 04/06/2011)

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Shamal Ballantine, Lamoen Hall, Tony Lavan, Byron Reese, Ernest Seymore, Caterius Smith, Willie Vassie, Reginald Wilson. (ghap) (ds). (Entered: 04/06/2011)

NOTICE TO PARTIES OF ADR PROGRAM filed.(ghap) (Entered: 04/06/2011)

21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant City of Los Angeles. (ghap)

STANDING ORDER regarding Newly Assigned Cases (See document for further details) by Judge Philip S. Gutierrez. (ir) (Entered: 04/07/2011)

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge Andrew J. Guilford, for the reasons set forth on this order. Related Case No. CV05-08374 AG (SSx) (at) (Entered: 04/18/2011)

EX PARTE APPLICATION for Temporary Restraining Order as to Enjoin property seizure and destruction filed by plaintiff Tony Lavan. (Attachments: # 1 Memorandum Memorandum Declarations Exhibits, # 2 Proposed Order)(Sobel, Carol) (Entered: 04/18/2011)

OPPOSITION IN OPPOSITION TO re: EX PARTE APPLICATION for Temporary Restraining Order as to Enjoin property seizure and destruction 6 DEFENDANT'S OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS OF ASSISTANT CORY M. BRENTE AND DEPUTY CITY ATTORNEY SUREKHA A. PESSIS; EXHIBITS filed by Defendant City of Los Angeles. (Attachments: # 1 EXHIBIT A, # 2 EXHIBIT B, # 3 EXHIBIT C)(Pessis, Surekha) (Entered: 04/19/2011)

REPLY in support of ex parte application EX PARTE APPLICATION for Temporary Restraining Order as to Enjoin property seizure and destruction 6 filed by Plaintiff Tony Lavan. (Sobel, Carol) (Entered: 04/20/2011)

MINUTE ORDER IN CHAMBERS by Judge Philip S. Gutierrez: PLEASE BE ADVISED that on the Court's own motion, a Status Conference is hereby set for Friday, April 22, 2011 at 9:00 am to discuss plaintiff's ex parte application (See doc. 6). (bm) (Entered: 04/20/2011)

MINUTES OF STATUS CONFERENCE held before Judge Philip S. Gutierrez: Hearing held and counsel are present. The Court hears oral argument regarding Plaintiff's Ex Parte Application for a TRO and/or Order to Show Cause Re: Issuance of a Preliminary Injunction (Doc. 6). The matter is taken under submission. The Court will issue a ruling after full consideration of the submitted pleadings. Court Reporter: Miriam Baird. (rp) (Entered: 04/22/2011)

MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez granting 6 Plaintiffs Application for a Temporary Restraining Order: Pending before the Court is Plaintiffs' Ex Parte Application for a Temporary Restraining Order. The Court held a hearing, where both parties were present, on April 22, 2011. After considering the papers submitted in support of the Application and in opposition to the Application, the Court GRANTS the Application and ISSUES a TEMPORARY RESTRAINING ORDER. Based on similar considerations, and after a careful analysis of the facts of this case, the Court finds that the balance of hardships tips in favor of the Plaintiffs. Moreover, the public interest is served by issuance of a TRO in that the City will still be able to lawfully seize and detain property, as opposed to unlawfully seizing and immediately destroying property. Although a bond is typically required upon issuance of a TRO in federal court, courts in the Ninth Circuit have dispensed with the requirement where there is little or no harm to the party enjoined and where plaintiffs are unable to afford to post such a bond. Like in Kincaid and Justin, the Court exercises its discretion to forego the bond requirement in light of the fact that Plaintiffs are homeless and that there is no real harm to the City in issuing this TRO. Pending a hearing on a preliminary injunction, Defendant City, its agents an employees, are hereby enjoined from doing any of the following: 1. Seizing property in Skid Row absent an objectively reasonable belief that it is abandoned, presents an immediate threat to public health or safety, or is evidence of a crime, or contraband; and 2. Absent an immediate threat to public health or safety, destruction of said seized property without maintaining it in a secure location for a period of less than 90 days. Defendant City, its agents and employees, is further directed to leave a notice in a prominent place for any property taken on the belief that it is abandoned, including advising where the property is being kept and when it may be claimed by the rightful owner. A hearing on the Order to Show Cause why a preliminary and/or permanent injunction should not issue is set for June 20, 2011 at 1:30 p.m. Any additional briefing by the Defendant is to be filed not later than May 16, 2011. Any responsive briefing by the Plaintiffs is to be filed no later than June 6, 2011. Based on and according to the foregoing, the Court GRANTS Plaintiffs' Ex Parte Application for a Temporary Restraining Order and Orders Defendant to Show Cause why Issuance of a Preliminary or Permanent Injunction is not appropriate in this case. (see document for further details) (bm) (Entered: 04/22/2011)

ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 with JURY DEMAND ANSWER OF DEFENDANT CITY OF LOS ANGELES COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL filed by Defendant City of Los Angeles.(Pessis, Surekha) (Entered: 04/27/2011)

CERTIFICATE of Interested Parties filed by Defendant City of Los Angeles, (Pessis, Surekha) (Entered: 04/27/2011)

ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez: This matter is set for a scheduling conference on July 25, 2011 at 2:00 p.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. In their F.R.Civ. P. 16f Report, the parties shall indicate whether they have agreed to participate in the Courts ADR Program, to private mediation or, upon ashowing of good cause, to a Magistrate Judge for a settlement conference. Failure to comply may lead to the imposition of sanctions. (bm) (Entered: 04/28/2011)

RESPONSE filed by Defendant City of Los Angelesto Order on Ex Parte Application for TRO,,,,,,,,,, 11 DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS; EXHIBITS (Attachments: # 1 DEFENDANT CITY OF LOS ANGELES' REQUEST FOR EVIDENTIARY HEARING; MEMORANDUM OF POINTS AND AUTHORITIES, # 2 DEFENDANT'S CHART OF DISPUTED FACTS IN RESPONSE TO ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE, # 3 DECLARATION OF AKILIAH MANUEL MILLS IN SUPPORT OF DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE, # 4 DECLARATION OF ALOAF WALKER IN SUPPORT OF DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY A PERLIMINARY INJUNCTION SHOULD NOT ISSUE, # 5 DECLARATION OF ESTELLA LOPEZ IN SUPPORT OF DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; EXHIBITS, # 6 DECLARATION OF JESUS TORIS IN SUPPORT OF DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE, # 7 DECLARATION OF JOHN DUNCANSON IN SUPPORT OF DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; EXHIBITS, # 8 DECLARATION OF JUAN MORENO IN SUPPORT OF DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE, # 9 DECLARATION OF LIEUTENANT SHANNON PAULSON IN SUPPORTOF DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; EXHIBITS, # 10 DECLARATION OF PAUL TYSON RAY IN SUPPORT OF DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE, # 11 DECLARATION OF SENIOR LEAD OFFICER DEON JOSEPH IN SUPPORT OF DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; EXHIBITS, # 12 DECLARATION OF TYRONE ACOSTA IN SUPPORT OF DEFENDANT'S RESPONSE TO ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE)(Shapero, Wendy) (Entered: 05/16/2011)

DEFENDANT CITY OF LOS ANGELES NOTICE OF REQUEST TO CROSS-EXAMINE DECLARANTS/PLAINTIFFS AT HEARING ON ORDER TO SHOW CAUSE RE ISSUANCE OF PRELIMINARY INJUNCTION; MEMORANDUM OF POINTS AND AUTHORITIES [Local Rule 7-8] filed by Defendant City of Los Angeles re: Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion) 15 (Attachments: # 1 Proposed Order)(Shapero, Wendy) (Entered: 05/24/2011)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Requests-Order 16 . The following error(s) was found: Incorrect event selected. The correct event is: Requests-Order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 05/26/2011)

NOTICE OF ERRATA filed by Defendant City of Los Angeles. correcting Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion) 15 NOTICE OF ERRATA RE DEFENDANT'S CHART OF DISPUTED FACTS IN RESPONSE TO ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE (Shapero, Wendy) (Entered: 05/31/2011)

ORDER by Judge Philip S. Gutierrez: Granting Defendant City of Los Angeles' Request to Cross-examine Declarants/Plaintiffs at hearing on Order to Show Cause regarding Issuance of Preliminary Injunction 16 . The Court hereby orders the Declarants/Plaintiffs who supported the initial application for a Temporary Restraining Order to appear in this Court for cross-examination on June 20, 2011 at 1:30 p.m. Carol Sobel, counsel for Plaintiffs, is hereby ordered to notify Ernest Seymore, Lamoen Hall, Willie Vassie, Byron Reese, Shamal Ballantine, Tony Lavan, and Catarius Smith that they are required to appear for cross-examination in this Court at that time. In the event declarations from additional individuals are introduced in the Plaintiffs' Reply, the Court orders Ms. Sobel to notify those individuals of theirobligation to appear at the June 20, 2011 hearing for the purpose of being cross-examined. (ir) (Entered: 06/01/2011)

REPLY in support of OSC re preliminary or permanent injunction filed by Plaintiff Tony Lavan. (Sobel, Carol) (Entered: 06/06/2011)

DECLARATION of Morris, Lewis, Sobel, Heiser, Hamme in support of injunction EX PARTE APPLICATION for Temporary Restraining Order as to Enjoin property seizure and destruction 6 filed by Plaintiff Tony Lavan. (Attachments: # 1 Declaration Decs and Exhibits Vol II)(Sobel, Carol) (Entered: 06/07/2011)

DECLARATION of JOHN DUNCANSON re Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion) 15 SUPPLEMENTAL DECLARATION OF JOHN DUNCANSON IN RESPONSE TO THE ORDER TO SHOW CAUSE WHY A PRELIMINARY AND/OR PERMANENT INJUNCTION SHOULD NOT ISSUE; EXHIBITS filed by Defendant City of Los Angeles. (Shapero, Wendy) (Entered: 06/09/2011)

OBJECTION IN OPPOSITION TO re: EX PARTE APPLICATION for Temporary Restraining Order as to Enjoin property seizure and destruction 6 DEFENDANT CITY OF LOS ANGELES' OBJECTIONS TO EVIDENCE CITED IN PLAINTIFFS' REPLY TO THE ORDER TO SHOW CAUSE WHY A PRELIMINARY AND/OR PERMANENT INJUNCTION SHOULD NOT ISSUE filed by Defendant City of Los Angeles. (Shapero, Wendy) (Entered: 06/13/2011)

DECLARATION of Eric Ares OSC re preliminary/permanent injunction EX PARTE APPLICATION for Temporary Restraining Order as to Enjoin property seizure and destruction 6 filed by Plaintiff Tony Lavan. (Sobel, Carol) (Entered: 06/14/2011)

Notice of Association of Counsel filed by Plaintiff Tony Lavan (Sobel, Carol) (Entered: 06/20/2011)

NOTICE of Association of Counsel associating attorney John P. Given on behalf of Plaintiff Tony Lavan. Filed by Plaintiff Tony Lavan (Sobel, Carol) (Entered: 06/20/2011)

MINUTES: ORDER TO SHOW CAUSE HEARING WHY A PRELIMINARY AND/OR PERMANENT INJUNCTION SHOULD NOT ISSUE: Having heard oral argument regarding the 4th and 14th Amendment issue, the Court takes the matter Under Submission, and grants Defendants request to submit a supplemental briefing by June 30, 2011 by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir) (Entered: 06/21/2011)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply in response to the Order to Show Cause why a Preliminary and/or Permanent Injunction should not issue 25 . The following errors were found: Document linked incorrectly to the wrong document or docket entry. The above document linked to docket entry: " Notice of Association of Counsel". In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir) (Entered: 06/21/2011)

MINUTE: (In Chambers) Order Issuing a Preliminary Injunction: Based on the foregoing Plaintiffs have clearly shown a likelihood of success on themerits, that they are likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tip in their favor and that an injunction is in the public interest. As a result, the Court ISSUES a PRELIMINARY INJUNCTION (See document for further details) IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir) (Entered: 06/23/2011)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-8 days, filed by Plaintiff Tony Lavan.. (Sobel, Carol) (Entered: 07/13/2011)

TRANSCRIPT for proceedings held on 6/20/2011 1:30 p.m.. Court Reporter/Electronic Court Recorder: Miriam Veliz-Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/10/2011. Redacted Transcript Deadline set for 8/20/2011. Release of Transcript Restriction set for 10/18/2011. (Baird, Miriam) (Entered: 07/20/2011)

MINUTE ORDER IN CHAMBERS VACATING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez: PLEASE TAKE NOTICE that the Scheduling Conference set for hearing on July 25, 2011 is hereby vacated and taken off calendar. On the Court's own motion, the following dates are hereby set. Counsel are directed to review the Court's trial order for further details. Last Day to Add Parties & Amend Pleadings (Doe defendants are dismissed as of cut-off to add parties) 08/25/2011; Discovery Cut-Off: 12/16/2011; Last Day to File Motion: 01/23/2012; Final Pretrial Conference (2:30 p.m.): 04/09/2012; Jury Trial (9:00 a.m.): 04/24/2012; Estimated Length: 4 Days. (bm) (Entered: 07/22/2011)

ORDER/REFERRAL to ADR Program by Judge Philip S. Gutierrez, ordering: The assigned Magistrate Judge shall conduct a settlement conference. (ir) (Entered: 07/22/2011)

ORDER FOR JURY TRIAL by Judge Philip S. Gutierrez: Final Pretrial Conference 4/9/12 at 2:30 pm; Jury Trial 4/24/12 at 9:00 am (See document for further details). (ir) (Entered: 07/22/2011)

NOTICE OF APPEAL to the 9th CCA filed by Defendant City of Los Angeles. Appeal of Minutes of In Chambers Order/Directive - no proceeding held, 29 (Appeal fee FEE NOT PAID.) (Pessis, Surekha) (Entered: 07/25/2011)

REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals 35 . (Pessis, Surekha) (Entered: 07/25/2011)

Civil Appeals Docketing Statement received from forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals 35 (Attachments: # 1 CIVIL MINUTES Dated 6-23-11, # 2 REPRESENTATION STATEMENT)(Pessis, Surekha) (Entered: 07/25/2011)

NOTIFICATION by Circuit Court of Appellate Docket Number 11-56253 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 35 as to Defendant City of Los Angeles. (dmap) (Entered: 07/26/2011)

APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 35 as to Defendant City of Los Angeles; Receipt Number: LA021759, PAID in the amount of $455. (lr) (Entered: 07/27/2011)

TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 6/20/2011; Court Reporter: Miriam Baird; Court of Appeals Case Number: 11-56253; Re: 35 (Pessis, Surekha) (Entered: 07/27/2011)

EX PARTE APPLICATION for Order for STAYING THE PROCEEDINGS AND STAYING THE PRELIMINARY INJUNCTION ISSUED ON JUNE 23, 2011 filed by Defendant City of Los Angeles. (Attachments: # 1 Proposed Order)(Pessis, Surekha) (Entered: 08/02/2011)

Opposition to Ex Parte opposition re: EX PARTE APPLICATION for Order for STAYING THE PROCEEDINGS AND STAYING THE PRELIMINARY INJUNCTION ISSUED ON JUNE 23, 2011 41 filed by Plaintiff Tony Lavan. (Sobel, Carol) (Entered: 08/03/2011)

MINUTES: (In Chambers) Order Denying Defendants Ex Parte Application to Stay Pending Appeal 41 IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir) (Entered: 08/10/2011)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 35 filed by City of Los Angeles, CCA # 11-56253. This appeal is referred to the mediation unit to explore the possibility of an expeditious resolution through mediation. [See document for further information] Order received in this district on 2/22/12. (car) (Entered: 02/23/2012)

MINUTES: (In Chambers): ORDER: PLEASE BE ADVISED that on the Courts own motion, the pretrial conference and jury trial date are hereby VACATED. A Status Conference is hereby set for Monday, April 16, 2012 at 3pm. Lead counselshall appear on that date and time by Judge Philip S. Gutierrez. (ir) (Entered: 04/09/2012)

IN CHAMBERS TEXT ONLY ENTRY by Judge Philip S. Gutierrez: At the request of plaintiff's counsel, the Status Conference is reset to 4/23/2012 03:00pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY

MINUTES OF Status Conference held before Judge Philip S. Gutierrez: The Court is updated on the status of the case and on Order filed on February 22, 2012 by the Court of Appeals. Counsel is advised that a scheduling conference will be set after this Court receives the mandate from the Court of Appeals. Court Reporter: Miriam Baird. (lw) (Entered: 04/24/2012)

NOTICE of Change of address by Carol A Sobel attorney for Plaintiff Tony Lavan. Changing attorneys address to 3110 Main Street, Suite 210 Santa Monica, CA 90405 F. 310 451-3858. Filed by Plaintiff Tony Lavan. (Sobel, Carol) (Entered: 06/19/2012)

ORDER from 9th CCA filed, CCA # 11-56253. Plaintiffs-Appelees shall file a response to the Petition for Panel Rehearing and Suggestion for Rehearing En Banc filed by the City of Los Angeles pursuant to Circuit Rule 35-2. See document for further information]. Order received in this district on 9/26/12. (car) (Entered: 09/27/2012)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 35 filed by City of Los Angeles CCA # 11-56253. The full court has been advised of the 0petition for rehearing en banc and no judge requested a vote o n whether to rehear the matter en banc. The petition for panel rehearing and the petition for rehearing en banc are denied. Order received in this district on 11/30/2012. (dmap) (Entered: 12/03/2012)

MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 35 CCA # 11-56253. The appeal is denied. Mandate received in this district on 121/13/2012. (dmap) (Entered: 12/14/2012)

NOTICE OF HEARING ON USCA MANDATE re USCA Mandate 50 : PLEASE TAKE NOTICE that the judgment of the Ninth Circuit U.S. Court of Appeals has been received in the above-entitled case. This matter is hereby set for Status Conference on 02/11/13 at 3:30 p.m. before Judge Philip S. Gutierrez. It will be necessary for all counsel to be present at that time. (bm) (Entered: 12/17/2012)

REQUEST to Continue Status Conference from February 11, 2013 to March 11, 2013 filed by plainitff Tony Lavan. Request set for hearing on 3/11/2013 at 03:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order Continue Status Conference)(Sobel, Carol) (Entered: 01/31/2013)

ORDER RE STIPULATED REQUEST TO CONTINUE STATUS CONFERENCE by Judge Philip S. Gutierrez granting 52 Request to Continue: The Court has reviewed the Stipulated Request to Continue the Status Conference filed by the parties. The Court concludes that there is good cause to continue the status conference from February 11, 2013 to March 11, 2013 at 3:30 p.m. If the parties reach a tentative settlement before the March 11, 2013 hearing date, notice shall be promptly filed with the Court. (bm) (Entered: 02/01/2013)

MINUTES OF STATUS CONFERENCE held before Judge Philip S. Gutierrez: The Court is updated on the status of the case re: mandate filed on December 13, 2012. The Court is informed of the petition for certiorari has been filed. Court and counsel confer regarding settlement discussions. The Court will issue a separate order appointing a magistrate judge for settlement purposes. Court Reporter: Miriam Baird. (bm) (Entered: 03/13/2013)

MINUTE ORDER IN CHAMBERS re Order Appointing Settlement Judge by Judge Philip S. Gutierrez: Magistrate Judge Carla Woehrle is appointed as a settlement judge. The parties are ordered to contact Judge Woehrle to schedule a conference. (bm) (Entered: 03/13/2013)

MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Carla Woehrle. This matter having been referred to U.S. Magistrate Judge Carla Woehrle for settlement conference by U.S. District Judge Gutierrez, IT IS ORDERED that a settlement conference shall be held in the chambers of Judge Woehrle on April 17, 2013, 2013 at 1:00 p.m., Room 640, 6th Floor of the Roybal Courthouse, 255 E. Temple Street, Los Angeles, CA. The conference should be attended by persons with meaningful authority to negotiate and agree to a settlement of the case. The parties shall submit settlement conference statements directly to Judge Woehrles chambers not later than three (3) court days before the conference. These statements are to be exchanged with opposing counsel. The statements shall not be filed in the court record. 55 [SEE ORDER FOR FURTHER DETAILS] (gr) (Entered: 03/25/2013)

Joint STIPULATION to Continue SETTLEMENT CONFERENCE from 04/17/2013 to 6/13/2013 filed by Defendant City of Los Angeles. (Attachments: # 1 Proposed Order)(Shapero, Wendy) (Entered: 04/08/2013)

ORDER REGARDING JOINT STIPULATION TO CONTINUE SETTLEMENT CONFERENCE by Magistrate Judge Carla Woehrle. GOOD CAUSE HAVING BEEN SHOWN, this Court hereby continues the Settlement Conference to June 13, 2013 at 1:00 p.m. in Courtroom 640, Roybal, before Magistrate Carla Woehrle. IT IS SO ORDERED. 57 (gr) (Entered: 04/11/2013)

STATUS REPORT re settlement discussions filed by Plaintiff Tony Lavan. (Attachments: # 1 Exhibit Request for Extension, # 2 Exhibit Opposition to Request for Extension)(Sobel, Carol) (Entered: 04/21/2013)

RESPONSE filed by Defendant City of Los Angelesto Status Report 59 (Shapero, Wendy) (Entered: 04/22/2013)

EX PARTE APPLICATION for Order for MODIFYING THE PRELIMINARY INJUNCTION TO CONFORM WITH THE DECISION IN LAVAN V. CITY OF LOS ANGELES, 693 F.3d 1027 (9TH Cir. 2012) filed by Defendant City of Los Angeles. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order)(Shapero, Wendy) (Entered: 04/29/2013)

NOTICE OF ERRATA filed by Defendant City of Los Angeles. correcting EX PARTE APPLICATION for Order for MODIFYING THE PRELIMINARY INJUNCTION TO CONFORM WITH THE DECISION IN LAVAN V. CITY OF LOS ANGELES, 693 F.3d 1027 (9TH Cir. 2012) 61 (Shapero, Wendy) (Entered: 04/29/2013)

MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for MODIFYING THE PRELIMINARY INJUNCTION TO CONFORM WITH THE DECISION IN LAVAN V. CITY OF LOS ANGELES, 693 F.3d 1027 (9TH Cir. 2012) 61 filed by Plaintiff Tony Lavan. (Attachments: # 1 Declaration Eric Ares, # 2 Exhibit Exhibit 1 to Ares Dec, # 3 Declaration Carol Sobel, # 4 Exhibit Exhibit 2 to Sobel dec)(Sobel, Carol) (Entered: 04/30/2013)

TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: On the Court's own motion, a Status Conference is hereby set for 06/17/13 at 3:00pm re: DEFENDANT CITY OF LOS ANGELES' EX PARTE APPLICATION 61 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY (Entered: 05/01/2013)

REPLY filed by Defendant City of Los Angeles to MEMORANDUM in Opposition to Motion, 63 REPLY TO PLAINTIFFS' OPPOSITION TO THE EX PARTE APPLICATION FOR AN ORDER MODIFYING THE PRELIMINARY INJUNCTION TO CONFORM WITH THE DECISION IN LAVAN v. CITY OF LOS ANGELES, 693 F.3d 1027 (9th Cir. 2012) (Shapero, Wendy) (Entered: 05/08/2013)

SUPPLEMENT to EX PARTE APPLICATION for Order for MODIFYING THE PRELIMINARY INJUNCTION TO CONFORM WITH THE DECISION IN LAVAN V. CITY OF LOS ANGELES, 693 F.3d 1027 (9TH Cir. 2012) 61 Opposition filed by Plaintiff Tony Lavan. (Sobel, Carol) (Entered: 05/09/2013)

MINUTE ORDER IN CHAMBERS by Magistrate Judge Carla Woehrle:, ORDER by Magistrate Judge Carla Woehrle The hearings originally scheduled have been rescheduled:( Telephonic Conference Re: Settlement/Status set for 7/24/2013 11:00 AM before Magistrate Judge Carla Woehrle.) (dt) (Entered: 06/13/2013)

MINUTES OF STATUS CONFERENCE RE: DEFENDANT CITY OF LOS ANGELES' EX PARTE APPLICATION FOR AN ORDER MODIFYING THE PRELIMINARY INJUNCTION TO CONFORM WITH THE DECISION IN LAVAN V. CITY OF LOS ANGELES, 693 F.3D 1027 (9TH Cir. 2012) FILED 04-29-13 (DOC. 61) taking under submission 61 Ex Parte Application; Status Conference Hearing held before Judge Philip S. Gutierrez: Having considered all papers submitted in support of and in opposition to the ex parte application referenced above, and the oral argument presented today, the Court takes the ex parte Under Submission. A ruling will be issued after full consideration of the submitted pleadings. Court Reporter: Miriam Baird. (bm) (Entered: 06/18/2013)

MINUTES (IN CHAMBERS) ORDER DENYING Ex Parte Application to Modify Preliminary Injunction by Judge Philip S. Gutierrez denying 61 Ex Parte Application: For the foregoing reasons, Defendant's application to modify the injunction is DENIED. (see document for further details) (bm) (Entered: 06/18/2013)

ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez: Scheduling Conference set for 8/26/2013 02:00 PM. (wm) (Entered: 06/27/2013)

TRANSCRIPT for proceedings held on 06-17-2013 3:00 p.m.. Court Reporter/Electronic Court Recorder: MIRIAM V. BAIRD, CSR 11893, phone number (213) 894-2853, email MVB11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/31/2013. Redacted Transcript Deadline set for 8/10/2013. Release of Transcript Restriction set for 10/8/2013. (Duvall, Richard) (Entered: 07/10/2013)

NOTICE OF FILING TRANSCRIPT filed for proceedings 06-17-2013 3:00 p.m. re Transcript 71 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Duvall, Richard) TEXT ONLY ENTRY (Entered: 07/10/2013)

NOTICE OF APPEAL to the 9th CCA filed by Defendant City of Los Angeles. Appeal of Order on Ex Parte Application for Order, 69 (Appeal fee FEE NOT PAID.) (Pessis, Surekha) (Entered: 07/17/2013)

REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals 73 . (Pessis, Surekha) (Entered: 07/17/2013)

APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 73 as to Defendant City of Los Angeles; Receipt Number: LA074989 in the amount of $455. (dmap) (Entered: 07/18/2013)

NOTIFICATION by Circuit Court of Appellate Docket Number 13-56251, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 73 as to Defendant City of Los Angeles. (car) (Entered: 07/18/2013)

SCHEDULING NOTICE to counsel by Magistrate Judge Carla Woehrle re: Status/ settlement conference set for Wednesday, July 24, 2013 at 11:00 a.m. Counsel are notified that the telephonic conference scheduled will now be an in person status conference. All parties/counsel are ordered to attend the conference in person before The Honorable Carla M.Woehrle in courtroom 640 of the Roybal courthouse on July 24, 2013 at 11:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dt) TEXT ONLY ENTRY (Entered: 07/18/2013)

MINUTE ORDER IN CHAMBERS by Magistrate Judge Carla Woehrle:b At the request of counsel, the settlement conference set to take place on Wednesday, July 24, 2013 if OFF CALENDAR. Counsel are directed to contact Judge Woehrle's clerk to reschedule. (dt) (Entered: 07/23/2013)

Joint STIPULATION to Continue Scheduling Conference from August 26, 2013 to October 11, 2013 filed by plaintiff Tony Lavan. (Attachments: # 1 Proposed Order to Continue Scheduling Conference)(Sobel, Carol) (Entered: 08/01/2013)

ORDER RE: STIPULATED REQUEST TO CONTINUE THE SCHEDULING CONFERENCE by Judge Philip S. Gutierrez, re Stipulation to Continue 79 . The Stipulated Request to continue the Scheduling Conference from the current date of August 26, 2013 to October 7, 2013 is granted. If the parties are unable to reach settlement, they are to file a Rule 26 report with the Court no later than September 27, 2013. (bp) (Entered: 08/05/2013)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 73 filed by City of Los Angeles, CCA # 13-56251. This is a preliminary injunction appeal. Appellees' motion to assign this case to the previously constituted panel, to which no opposition has been filed, is granted. The briefing schedule is set. [See document for further details]. Order received in this district on 8/16/13. (car) (Entered: 08/19/2013)

STIPULATION to Continue scheduling conference from October 7, 2013 to November 4, 2013 filed by plaintiff Tony Lavan. (Attachments: # 1 Proposed Order to continue scheduling conference)(Sobel, Carol) (Entered: 09/18/2013)

ORDER RE: STIPULATED REQUEST TO CONTINUE THE SCHEDULING CONFERENCE by Judge Philip S. Gutierrez, re Stipulation to Continue 82 : The parties to this action have submitted for the Court's approval a Stipulated Request to Continue the Scheduling Conference from the present date of October 7, 2013 to November 4, 2013. Based upon the representations of the parties regarding the ongoing settlement discussions with the newly-elected City Attorney, the Court finds that there is good cause to continue the Scheduling Conference to permit renewed settlement discussions to be explored. Accordingly, the Stipulated Request to continue the Scheduling Conference from the current date of October 7, 2013 to November 4, 2013 is granted. If the parties are unable to reach settlement, they are to file a Rule 26 report with the Court no later than October 21, 2013. The parties are to inform the Court of any significant developments, if such occur, prior to that date, including whether an additional extension of time might be necessary. (bm) (Entered: 09/24/2013)

STIPULATION to Continue Scheduling Conference from November 4, 2013 to December 16, 2013 filed by plaintiff Tony Lavan. (Attachments: # 1 Proposed Order)(Sobel, Carol) (Entered: 10/16/2013)

ORDER RE: STIPULATED REQUEST TO CONTINUE THE SCHEDULING CONFERENCE by Judge Philip S. Gutierrez, re Stipulation to Continue 84, Accordingly, the Stipulated Request to continue the Scheduling Conferencefrom the current date of November 4, 2013 to December 16, 2013 is granted. If the parties are unable to reach settlement, they are to file a Rule 26 report with the Court no later than December 2, 2013. The parties are to inform the Court of any significant developments, if such occur, prior to that date, including whether an additional extension of time might be necessary. re: ( Scheduling Conference continuing to 12/16/2013 AT 02:00 PM before Judge Philip S. Gutierrez.) (lw) (Entered: 10/17/2013)

MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Carla Woehrle. This matter having been referred to U.S. Magistrate Judge Carla Woehrle for settlement conference by U.S. District Judge Gutierrez, IT IS ORDERED that a settlement conference shall be held in the chambers of Judge Woehrle on November 18, 2013, at 1:00 p.m., Room 640, 6th Floor of the Roybal Courthouse, 255 E. Temple Street, Los Angeles, CA. The conference should be attended by persons with meaningful authority to negotiate and agree to a settlement of the case. The parties shall submit settlement conference statements directly to Judge Woehrle's chambers not later than three (3) court days before the conference. These statements are to be exchanged with opposing counsel. The statements shall not be filed in the court record. (78) (SEE ORDER FOR FURTHER DETAILS) (gr) (Entered: 11/04/2013)

MINUTES OF Settlement Conference held before Magistrate Judge Carla Woehrle: A continued conference is scheduled for November 22, 2013 at 1:30 p.m. (dt) (Entered: 11/19/2013)

MINUTES OF Settlement Conference held before Magistrate Judge Carla Woehrle: Parties are to confer further. The court will issue further orders regarding continued settlement proceedings. (dt) (Entered: 12/03/2013)

Joint STIPULATION to Continue SCHEDULING CONFERENCE from December 16, 2013 to February 24, 2014 filed by Defendant City of Los Angeles. (Attachments: # 1 Proposed Order)(Shapero, Wendy) (Entered: 11/26/2013)

ORDER RE: STIPULATED REQUEST TO CONTINUE THE SCHEDULING CONFERENCE by Judge Philip S. Gutierrez, re Stipulation to Continue 88 : Accordingly, the Stipulated Request to continue the Scheduling Conference from the current date of December 16,2013 to February 24, 2014 is granted. If the parties are unable to reach settlement, they are to file a Rule 26 report with the Court no later than February 10, 2014. The parties are to inform the Court of any significant developments, if such occur, prior to that date, including whether an additional extension of time might be necessary. (bm) (Entered: 12/03/2013)

MINUTES OF Settlement Conference held before Magistrate Judge Carla Woehrle. Settlement conference held. Parties are to confer further. The court will issue further orders regarding continued settlement proceedings.: (gr) (Entered: 12/06/2013)

STIPULATION to Continue status conference from February 24, 2014 to April 21, 2014 filed by plaintiff Tony Lavan. (Attachments: # 1 Proposed Order)(Sobel, Carol) (Entered: 02/18/2014)

ORDER RE STIPULATED REQUEST TO CONTINUE THE SCHEDULING CONFERENCE 92 by Judge Gutierrez: The Stipulated Request to continue the SchedulingConference from the current date of February 24, 2014 to April 21, 2014 isgranted. If the parties are unable to reach settlement, they are to file a Rule26 report with the Court no later than April 7, 2014. (wm) (Entered: 02/20/2014)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 73 filed by City of Los Angeles CCA # 13-56251. Appellants motion to dismiss this appeal is granted. Fed. R. App. P. 42(b).The parties shall bear their own costs on appeal.A copy of this order shall serve as and for the mandate of this court. Order received in this district on 4/1/2014. (dmap) (Entered: 04/04/2014)

SUPPLEMENT filed by Plaintiff Tony Lavan. (Sobel, Carol) (Entered: 04/07/2014)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplemental Rule 26 Report 95 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Supplement should be linked back to original Rule 26 Report and indicate full caption of attached document in docket entry text. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 04/09/2014)

Notice of Appearance or Withdrawal of Counsel: for attorney Cory M Brente counsel for Defendant City of Los Angeles. Filed by Defendant CITY OF LOS ANGELES. (Attorney Cory M Brente added to party City of Los Angeles(pty:dft))(Brente, Cory) (Entered: 04/14/2014)

TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: On the Court's own motion, the Scheduling Conference 93 is continued to 04/28/2014 at 2:00pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 04/15/2014)