Case: Lavan v. City of Los Angeles

2:11-cv-02874 | U.S. District Court for the Central District of California

Filed Date: April 5, 2011

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On April 5, 2011, several homeless individuals filed this lawsuit in U.S. District Court for the Central District of California. Plaintiffs sued the City of Los Angeles under 42 U.S.C. §1983. Plaintiffs, represented by private counsel, alleged that the City violated their Fourth, Fifth, and Fourteenth Amendment Due Process rights when it seized and destroyed their personal possessions. Plaintiffs sought a temporary restraining order, preliminary and permanent injunction, declaratory judgment th…

On April 5, 2011, several homeless individuals filed this lawsuit in U.S. District Court for the Central District of California. Plaintiffs sued the City of Los Angeles under 42 U.S.C. §1983. Plaintiffs, represented by private counsel, alleged that the City violated their Fourth, Fifth, and Fourteenth Amendment Due Process rights when it seized and destroyed their personal possessions. Plaintiffs sought a temporary restraining order, preliminary and permanent injunction, declaratory judgment that plaintiffs' rights were violated by the defendant, monetary damages, and attorneys’ fees.

On April 22, 2011, the court filed an order granting a temporary restraining order against the City. 2011 WL 1533070. This was followed by a preliminary injunction, granted by the court on June 23, 2011. 797 F.Supp.2d 1005.

The City responded with several appeals over the next few years. On July 25, 2011, the City appealed the order for preliminary injunction. After first ordering the parties to explore the possibility of mediation, the Ninth Circuit Court of Appeals denied the City’s appeal. 693 F.3d 1022.

On April 29, 2013, the City filed an ex parte application for an order modifying the preliminary injunction to conform with the decision of the Ninth Circuit Court of Appeals. Essentially, the City had a problem with the language in the preliminary injunction. While the injunction issued by the trial court prohibited the City from seizing property, the Ninth Circuit Court of Appeals used language in their denial that prohibited the City from performing the combined act of seizing and destroying property. The City wanted this narrower language construed in the injunction. On June 17, 2013, the trial court denied the application, saying that the City failed to identify any change in law or circumstances that would support a modification.

On July 17, 2013, the City again appealed in the Ninth Circuit Court of Appeals, this time about the trial court’s denial of modification of preliminary injunction. The City later decided they would not pursue this appeal and filed a motion to dismiss it, which was granted by the Ninth Circuit Court of Appeals on April 1, 2014. Back in trial court, Plaintiffs filed a motion for partial summary judgment on April 20, 2014, which the court denied on July 24, 2017. 2014 WL 12693524.

On December 15, 2015, after several settlement conferences, the parties filed a joint notice of tentative settlement. The City agreed to pay $822,000 plus attorneys’ fees to settle the case. Though this settlement is not found in the pleadings, please see this LA Times article regarding the settlement. On July 25, 2016, the court issued an order dismissing the action with prejudice against the City. This case established precedent that the Los Angeles Police Department cannot “summarily [destroy] the property of homeless individuals without notice.” 693 F.3d 1022.

Summary Authors

Katie Chan (10/6/2017)

Related Cases

Mitchell v. City of Los Angeles, Central District of California (2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4146940/parties/tony-lavan-v-city-of-los-angeles/


Judge(s)

Gutierrez, Philip S. (California)

Wistrich, Andrew J. (California)

Attorneys(s) for Plaintiff

Feuer, Michael (California)

Given, John P (California)

Sobel, Carol A. (California)

Attorneys(s) for Defendant

Brente, Cory M. (California)

Geuss, Gary G. (California)

Pessis, Surekha A. (California)

Plowden, Geoffrey R (California)

Shapero, Wendy C. (California)

Judge(s)

Gutierrez, Philip S. (California)

Wistrich, Andrew J. (California)

Attorneys(s) for Plaintiff

Feuer, Michael (California)

Given, John P (California)

Sobel, Carol A. (California)

Attorneys(s) for Defendant

Brente, Cory M. (California)

Geuss, Gary G. (California)

Pessis, Surekha A. (California)

Plowden, Geoffrey R (California)

Shapero, Wendy C. (California)

Trutanich, Carmen A. (California)

Documents in the Clearinghouse

Document

2:11-cv-02874

Docket [PACER]

July 25, 2016

July 25, 2016

Docket
1

2:11-cv-02874

Complaint: Civil Rights

Tony Lavan v. City of Los Angeles

April 5, 2011

April 5, 2011

Complaint
29

2:11-cv-02874

Civil Minutes - General

797 F.Supp.2d 1005

June 23, 2011

June 23, 2011

Order/Opinion
35

2:11-cv-02874

Notice of Appeal: "Preliminary Injunction Appeal"

July 25, 2011

July 25, 2011

Pleading / Motion / Brief
152

2:11-cv-02874

Amended Complaint: Civil Rights

Jan. 27, 2015

Jan. 27, 2015

Complaint
166

2:11-cv-02874

Joint Notice of Tentative Settlement, Request to Vacate Trial Date, and for the Court to Retain Jurisdiction to Complete the Settlement

Dec. 2, 2015

Dec. 2, 2015

Pleading / Motion / Brief
173

2:11-cv-02874

Order Dismissing the Action With Prejudice

July 25, 2016

July 25, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4146940/tony-lavan-v-city-of-los-angeles/

Last updated Aug. 8, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

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)

April 5, 2011

April 5, 2011

RECAP

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

April 5, 2011

April 5, 2011

PACER
2

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)

April 5, 2011

April 5, 2011

PACER
3

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

April 5, 2011

April 5, 2011

PACER
4

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

April 6, 2011

April 6, 2011

PACER
5

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)

April 18, 2011

April 18, 2011

PACER
6

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)

April 18, 2011

April 18, 2011

PACER
7

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)

April 19, 2011

April 19, 2011

PACER
8

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)

April 20, 2011

April 20, 2011

PACER
9

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)

April 20, 2011

April 20, 2011

PACER
10

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)

April 22, 2011

April 22, 2011

PACER
11

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)

April 22, 2011

April 22, 2011

RECAP
12

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)

April 27, 2011

April 27, 2011

PACER
13

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

April 27, 2011

April 27, 2011

PACER
14

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)

April 28, 2011

April 28, 2011

PACER
15

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)

May 16, 2011

May 16, 2011

PACER
16

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)

May 24, 2011

May 24, 2011

PACER
17

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)

May 26, 2011

May 26, 2011

PACER
18

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)

May 31, 2011

May 31, 2011

PACER
19

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)

May 31, 2011

May 31, 2011

PACER
20

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

June 6, 2011

June 6, 2011

PACER
21

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)

June 7, 2011

June 7, 2011

PACER
22

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)

June 9, 2011

June 9, 2011

PACER
23

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)

June 13, 2011

June 13, 2011

PACER
24

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)

June 14, 2011

June 14, 2011

PACER
25

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

June 20, 2011

June 20, 2011

PACER
26

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)

June 20, 2011

June 20, 2011

PACER
27

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)

June 20, 2011

June 20, 2011

PACER
28

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)

June 21, 2011

June 21, 2011

PACER
29

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)

June 23, 2011

June 23, 2011

RECAP
30

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)

July 13, 2011

July 13, 2011

PACER
31

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)

July 20, 2011

July 20, 2011

PACER
32

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)

July 21, 2011

July 21, 2011

PACER
33

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)

July 21, 2011

July 21, 2011

PACER
34

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)

July 21, 2011

July 21, 2011

PACER
35

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)

July 25, 2011

July 25, 2011

RECAP
36

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

July 25, 2011

July 25, 2011

PACER
37

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)

July 25, 2011

July 25, 2011

PACER
38

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)

July 26, 2011

July 26, 2011

PACER
39

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)

July 26, 2011

July 26, 2011

PACER
40

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)

July 27, 2011

July 27, 2011

PACER
41

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)

Aug. 2, 2011

Aug. 2, 2011

PACER
42

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)

Aug. 3, 2011

Aug. 3, 2011

PACER
43

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)

Aug. 10, 2011

Aug. 10, 2011

PACER
44

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)

Feb. 22, 2012

Feb. 22, 2012

PACER
45

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)

April 9, 2012

April 9, 2012

PACER

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

April 10, 2012

April 10, 2012

PACER
46

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)

April 23, 2012

April 23, 2012

PACER
47

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)

June 19, 2012

June 19, 2012

PACER
48

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)

Sept. 26, 2012

Sept. 26, 2012

PACER
49

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)

Nov. 30, 2012

Nov. 30, 2012

PACER
50

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)

Dec. 13, 2012

Dec. 13, 2012

PACER
51

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)

Dec. 17, 2012

Dec. 17, 2012

PACER
52

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)

Jan. 31, 2013

Jan. 31, 2013

PACER
53

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)

Feb. 1, 2013

Feb. 1, 2013

PACER
54

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)

March 11, 2013

March 11, 2013

PACER
55

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)

March 12, 2013

March 12, 2013

PACER
56

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)

March 25, 2013

March 25, 2013

PACER
57

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)

April 8, 2013

April 8, 2013

PACER
58

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)

April 11, 2013

April 11, 2013

PACER
59

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)

April 21, 2013

April 21, 2013

PACER
60

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

April 22, 2013

April 22, 2013

PACER
61

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)

April 29, 2013

April 29, 2013

PACER
62

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)

April 29, 2013

April 29, 2013

PACER
63

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)

April 30, 2013

April 30, 2013

PACER
64

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)

May 1, 2013

May 1, 2013

PACER
65

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)

May 8, 2013

May 8, 2013

PACER
66

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)

May 9, 2013

May 9, 2013

PACER
67

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)

June 13, 2013

June 13, 2013

PACER
68

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)

June 17, 2013

June 17, 2013

PACER
69

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)

June 17, 2013

June 17, 2013

PACER
70

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

June 27, 2013

June 27, 2013

PACER
71

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)

July 10, 2013

July 10, 2013

PACER
72

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)

July 10, 2013

July 10, 2013

PACER
73

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)

July 17, 2013

July 17, 2013

PACER
74

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

July 17, 2013

July 17, 2013

PACER
76

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)

July 17, 2013

July 17, 2013

PACER
77

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)

July 17, 2013

July 17, 2013

PACER
75

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)

July 18, 2013

July 18, 2013

PACER
78

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)

July 22, 2013

July 22, 2013

PACER
79

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)

Aug. 1, 2013

Aug. 1, 2013

PACER
80

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)

Aug. 2, 2013

Aug. 2, 2013

PACER
81

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)

Aug. 16, 2013

Aug. 16, 2013

PACER
82

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)

Sept. 18, 2013

Sept. 18, 2013

PACER
83

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)

Sept. 23, 2013

Sept. 23, 2013

PACER
84

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)

Oct. 16, 2013

Oct. 16, 2013

PACER
85

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)

Oct. 17, 2013

Oct. 17, 2013

PACER
86

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)

Nov. 4, 2013

Nov. 4, 2013

PACER
87

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)

Nov. 18, 2013

Nov. 18, 2013

PACER
90

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)

Nov. 22, 2013

Nov. 22, 2013

PACER
88

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)

Nov. 26, 2013

Nov. 26, 2013

PACER
89

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)

Dec. 2, 2013

Dec. 2, 2013

PACER
91

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)

Dec. 5, 2013

Dec. 5, 2013

PACER
92

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)

Feb. 18, 2014

Feb. 18, 2014

PACER
93

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)

Feb. 20, 2014

Feb. 20, 2014

PACER
94

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)

April 1, 2014

April 1, 2014

PACER
95

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

April 7, 2014

April 7, 2014

PACER
96

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)

April 9, 2014

April 9, 2014

PACER
97

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)

April 14, 2014

April 14, 2014

PACER
98

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)

April 15, 2014

April 15, 2014

PACER

Case Details

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 5, 2011

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

all individuals who are homeless and reside in the Skid Row area whose personal belongings have or will be taken and immediately destroyed by the agents and employees of the defendant CITY without any notice and opportunity to retrieve the property, which was not abandoned by the plaintiff class members.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

City of Los Angeles (Los Angeles, Los Angeles), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Conditional Dismissal

Amount Defendant Pays: $822,000.00

Content of Injunction:

Preliminary relief granted