Case: Black Lives Matter - Los Angeles v. City of Los Angeles

2:20-cv-05027 | U.S. District Court for the Central District of California

Filed Date: June 5, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 5th, 2020, Black Lives Matter - Los Angeles (BLMLA) filed this class-action lawsuit in the U.S. District Court for the Central District of California.BLMLA was represented by the National Lawyers Guild as well as the following private firms: McLane, Bednarski & Litt; Schonbrun, Seplow, Harris, Hoffman, & Zeldes; and Baum Hedlund Aristei & Goldman. Judge Consuelo B. Marshall was assigned to the case. The case arose out of the nationwide protests following the police killing of George Flo…

On June 5th, 2020, Black Lives Matter - Los Angeles (BLMLA) filed this class-action lawsuit in the U.S. District Court for the Central District of California.BLMLA was represented by the National Lawyers Guild as well as the following private firms: McLane, Bednarski & Litt; Schonbrun, Seplow, Harris, Hoffman, & Zeldes; and Baum Hedlund Aristei & Goldman. Judge Consuelo B. Marshall was assigned to the case. The case arose out of the nationwide protests following the police killing of George Floyd in Minneapolis, MN. The complaint alleged that, over the course of a week, the LAPD arrested approximately 2,600 people who were engaged in lawful protest.

Specifically, the complaint alleged that the LAPD violated the class members' First Amendment right to freedom of speech, freedom of assembly, and freedom of association. The complaint also included a Fourth Amendment claim based on excessive force, namely use of batons and rubber bullets. Finally, a due process claim alleged that the police failed to respect the protesters' liberty interest when it held them for many hours, rather than citing and releasing them, as required by state law.

In addition, plaintiffs claimed that the LAPD violated the terms of a settlement agreement struck in 2000 that required the LAPD Incident Commander to make an evaluation as to the feasibility of isolating and arresting protesters behaving unlawfully before the LAPD arrested anyone at all. Second, plaintiffs alleged that the LAPD was in violation of a 2007 settlement agreement which dictated that the LAPD must facilitate protests and issue instructions via a loud speaker in the event that a protest blocks traffic, rather than attempt to disrupt the protest.

On June 21st, plaintiffs submitted an amended complaint and a first corrected amended complaint. The new complaint added several plaintiffs to the lawsuit (and eliminated one). More importantly, however, it divided the claims for relief by different classes. The first claim for relief was for injunctive relief under 42 U.S.C. § 1983 and California state law to prohibit the LAPD from violating plaintiffs' First, Fourth, and Fourteenth Amendment rights to protest. The second claim established an Arrest Class, composed of those protesters who were arrested in what plaintiffs called a violation of their Fourth and Fourteenth Amendment rights. The third claim established a Direct Force Class, composed of individuals who had been shot with rubber bullets or hit with batons. Plaintiffs said this constituted violations of their Fourth and Fourteenth Amendment rights. The fourth claim established an Infraction Class, made up of people who had been "charged with infractions, arrested and taken into custody and not released into the field" in a way plaintiffs said violated their Fourth and Fourteenth Amendment rights.

On June 24th, the plaintiffs submitted an ex parte proposed emergency restraining order to enjoin the defendants from using projectiles (including rubber bullets) to disperse protestors; using batons against protestors; and detaining people charged solely with infractions for extended periods of time. In support of that motion, they submitted declarations by several of the plaintiffs which corroborated the allegations made in the complaint. Six days later, defendants issued a response to that motion, arguing that plaintiffs did not meet their burden for getting a temporary restraining order (TRO). Defendants claimed that the plaintiffs were unlikely to succeed on the merits, that they did not demonstrate that they would suffer irreparable harm absent the TRO, and that the balance of equities was not in their favor. On July 14, the court denied the TRO on the grounds that the plaintiffs had not shown that they would suffer irreparable harm without it. The court did not foreclose the opportunity of a preliminary injunction, however.

The parties requested to engage in alternative dispute resolution on September 3, 2020. The Court subsequently referred the case to the court mediation panel for mediation. The parties selected Richard T. Copeland to serve as mediator. The Court set a deadline of September 20, 2021 for settlement negotiations and set a jury trial for April 26, 2020.

The plaintiffs filed another motion for a TRO and a preliminary injunction on April 13, 2021. The plaintiffs sought to enjoin the Los Angeles Police Department from using 40 mm and 37 mm projectiles on protestors. The plaintiffs alleged that, despite the defendants promises to the court to refrain from using excessive force, the projectiles were continually fired upon non-violent protestors at extremely close range. The court granted the TRO on April 19. Judge Marshall founds that the plaintiffs were likely to exceed on their Fourth Amendment excessive force claims, given that the defendants fired the projectiles at a much closer range than is recommended. Additionally, Judge Marshall found that the plaintiffs were likely to suffer irreparable harm because the plaintiffs planned to continue organizing demonstrations, at which the defendants could likely repeat their use of excessive force. The court denied the defendants' subsequent motion to dissolve the TRO, but modified it to permit officers who completed required training to use projectile launchers after giving a warning to disperse. On May 10, the court granted the plaintiffs motion for preliminary injunction for the same order.

On July 18, 2021, plaintiffs filed a second amended complaint, and shortly after filed a corrected version of that complaint. This complaint added two more named plaintiffs and several state law claims alleging assault, battery, false imprisonment and arrest, and Bane Act violations.

This case remains ongoing.

Summary Authors

Jack Hibbard (7/20/2020)

Emily Kempa (1/2/2021)

Justin Hill (5/24/2021)

Jordan Katz (5/2/2022)

Related Cases

Black Lives Matter - Los Angeles v. Garcetti, Central District of California (2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17229135/parties/black-lives-matter-los-angeles-v-city-of-los-angeles/


Judge(s)

Marshall, Consuelo Bland (California)

Sagar, Alka (California)

Attorneys(s) for Plaintiff

Alarcon, Monique Amanda (California)

Anderson-Barker, Cynthia M. (California)

Esfandiari, Bijan (California)

Esfandiary, Pedram (California)

Flynn, Colleen (California)

Gonzales, Jorge (California)

Gonzalez, Jorge (California)

Hoffman, Paul L. (California)

Judge(s)

Marshall, Consuelo Bland (California)

Sagar, Alka (California)

Attorneys(s) for Plaintiff

Alarcon, Monique Amanda (California)

Anderson-Barker, Cynthia M. (California)

Esfandiari, Bijan (California)

Esfandiary, Pedram (California)

Flynn, Colleen (California)

Gonzales, Jorge (California)

Gonzalez, Jorge (California)

Hoffman, Paul L. (California)

Litt, Barrett S. (California)

McGlaze, Aiden (California)

Orange, Olu K (California)

Robinson, Katherine (California)

Rowland, Weston (California)

Seplow, Michael D. (California)

Sobel, Carol A. (California)

Strugar, Matthew D. (California)

Washington, John Clay (California)

Wisner, Robert Brent (California)

Attorneys(s) for Defendant

Battles, Lindsay B. (California)

Dermer, Gabriel Seth (California)

Plowden, Geoffrey R (California)

Expert/Monitor/Master

Copeland, Richard T (California)

Documents in the Clearinghouse

Document

2:20-cv-05027

2:21-cv-03124

2:20-cv-10258

2:21-cv-03760

2:20-cv-07241

2:21-cv-04068

Docket [PACER]

Black Lives Matter Los Angeles v. City of Los Angeles

May 10, 2021

May 10, 2021

Docket
1

2:20-cv-05027

Complaint: Class Action Injunctive Relief and Damages

Black Lives Matter Los Angeles v. City of Los Angeles

June 5, 2020

June 5, 2020

Complaint
9

2:20-cv-05027

First Amended Complaint: Class Action; Injunctive Relief and Damages

Black Lives Matter Los Angeles v. City of Los Angeles

June 21, 2020

June 21, 2020

Complaint
15-1

2:20-cv-05027

Appendix of Evidence Volume II of II in Support of Plaintiffs' Application for a Temporary Restraining Order and Preliminary Injunction (Part 4/5)

Black Lives Matter Los Angeles v. City of Los Angeles

June 24, 2020

June 24, 2020

Discovery Material/FOIA Release
15-1

2:20-cv-05027

Appendix of Evidence Volume II of II in Support of Plaintiffs' Application for a Temporary Restraining Order and Preliminary Injunction (Part 2/5)

Black Lives Matter Los Angeles v. City of Los Angeles

June 24, 2020

June 24, 2020

Discovery Material/FOIA Release
15-1

2:20-cv-05027

Appendix of Evidence Volume II of II in Support of Plaintiffs' Application for a Temporary Restraining Order and Preliminary Injunction (Part 3/5)

Black Lives Matter Los Angeles v. City of Los Angeles

June 24, 2020

June 24, 2020

Discovery Material/FOIA Release
15-1

2:20-cv-05027

Appendix of Evidence Volume II of II in Support of Plaintiffs' Application for a Temporary Restraining Order and Preliminary Injunction (Part 1/5)

Black Lives Matter Los Angeles v. City of Los Angeles

June 24, 2020

June 24, 2020

Discovery Material/FOIA Release
15

2:20-cv-05027

Appendix of Evidence Volume I of II In Support of Plaintiffs' Application for a Temporary Restraining Order and Preliminary Injunction

Black Lives Matter Los Angeles v. City of Los Angeles

June 24, 2020

June 24, 2020

Discovery Material/FOIA Release
15-1

2:20-cv-05027

Appendix of Evidence Volume II of II in Support of Plaintiffs' Application for a Temporary Restraining Order and Preliminary Injunction (Part 5/5)

Black Lives Matter Los Angeles v. City of Los Angeles

June 25, 2020

June 25, 2020

Discovery Material/FOIA Release
28

2:20-cv-05027

Order Re: Notice of Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction

July 14, 2020

July 14, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17229135/black-lives-matter-los-angeles-v-city-of-los-angeles/

Last updated Aug. 8, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: ACACDC-26706947 - Fee: $400, filed by plaintiff Black Lives Matter - Los Angeles. (Attorney Carol A Sobel added to party Black Lives Matter - Los Angeles(pty:pla))(Sobel, Carol) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

Clearinghouse
2

NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Alka Sagar. (esa) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
3

NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (esa) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
4

CIVIL COVER SHEET filed by Plaintiff Black Lives Matter Los Angeles. (Sobel, Carol) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
5

CERTIFICATE of Interested Parties filed by plaintiff All Plaintiffs, (Sobel, Carol) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
6

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Civil Cover Sheet (CV-71) 4, Certificate/Notice of Interested Parties 5 . The following error(s) was/were found: The documents were submitted blank. The information needs to be filled out completely In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (shb) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
7

CIVIL COVER SHEET filed by Plaintiff Black Lives Matter Los Angeles. (Sobel, Carol) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
8

First AMENDED COMPLAINT against plaintiff All Defendants amending Complaint (Attorney Civil Case Opening) 1, filed by plaintiff Black Lives Matter Los Angeles(Sobel, Carol) (Entered: 06/21/2020)

June 21, 2020

June 21, 2020

RECAP
9

CORRECTED FIRST AMENDED COMPLAINT against plaintiff All Defendants amending Amended Complaint/Petition 8, filed by plaintiff Black Lives Matter Los Angeles(Sobel, Carol) (Entered: 06/21/2020)

June 21, 2020

June 21, 2020

Clearinghouse
10

Request for Clerk to Issue Summons on Amended Complaint/Petition 9 filed by plaintiff Black Lives Matter Los Angeles. (Sobel, Carol) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
11

20 DAY Summons Issued re CORRECTED First Amended Complaint 9 as to Defendants City of Los Angeles, Michel Moore. (shb) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
12

Notice of Appearance or Withdrawal of Counsel: for attorney Michael D Seplow counsel for Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu. Adding Michael D. Seplow as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiffs Black Lives Matter Los Angeles, et al. (Attorney Michael D Seplow added to party Black Lives Matter Los Angeles(pty:pla), Attorney Michael D Seplow added to party CANGRESS(pty:pla), Attorney Michael D Seplow added to party Weston Rowland(pty:pla), Attorney Michael D Seplow added to party Linus Shentu(pty:pla))(Seplow, Michael) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
13

Notice of Appearance or Withdrawal of Counsel: for attorney Aidan C McGlaze counsel for Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu. Adding Aidan C. McGlaze as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiffs Black Lives Matter Los Angeles, et al. (Attorney Aidan C McGlaze added to party Black Lives Matter Los Angeles(pty:pla), Attorney Aidan C McGlaze added to party CANGRESS(pty:pla), Attorney Aidan C McGlaze added to party Weston Rowland(pty:pla), Attorney Aidan C McGlaze added to party Linus Shentu(pty:pla))(McGlaze, Aidan) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
14

Emergency EX PARTE APPLICATION for Temporary Restraining Order filed by Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Hoffman, Paul) (Entered: 06/24/2020)

1 Memorandum

View on RECAP

2 Proposed Order

View on PACER

June 24, 2020

June 24, 2020

RECAP
15

APPENDIX filed by Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu. Re: Emergency EX PARTE APPLICATION for Temporary Restraining Order 14 (Attachments: # 1 Appendix)(Hoffman, Paul) (Entered: 06/24/2020)

1 Appendix

View on PACER

June 24, 2020

June 24, 2020

Clearinghouse
16

REQUEST FOR JUDICIAL NOTICE re Emergency EX PARTE APPLICATION for Temporary Restraining Order 14 filed by Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu. (Hoffman, Paul) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
17

PROOF OF SERVICE filed by plaintiff Black Lives Matter Los Angeles, re Emergency EX PARTE APPLICATION for Temporary Restraining Order 14 served on 6/24/20 4:57 pm.. (Sobel, Carol) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
18

STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (ys) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
19

REQUEST for Extension of Time to File Opposition to Ex Parte Application for Temporary Restraining Order and Preliminary Injunction filed by Defendant City of Los Angeles. (Attachments: # 1 Proposed Order) (Attorney Gabriel Seth Dermer added to party City of Los Angeles(pty:dft)) (Dermer, Gabriel) (Entered: 06/25/2020)

1 Proposed Order

View on PACER

June 25, 2020

June 25, 2020

PACER
20

MINUTE IN CHAMBERS - BRIEFING SCHEDULE RE DKT NO. 14 by Judge Consuelo B. Marshall: Pending before the Court is an ex parte application for a temporary restraining order filed by Plaintiffs (Dkt. No. 14). Defendants City of Los Angeles and Chief Michel Moore may file an opposition to the application no later than June 26, 2020, at 4:00 p.m. (shb) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
21

MINUTE IN CHAMBERS - BRIEFING SCHEDULE RE DKT NO. 14 by Judge Consuelo B. Marshall: The Court GRANTS Defendants' request for an extension of time to file an opposition to Plaintiff's ex parte application for a temporary restraining order (see Dkt No. 19), and orders Defendants to file an opposition no later than June 30, 2020, at 4:00 p.m. The Court vacates its order indicating the opposition should be filed no later than June 26, 2020. (Dkt. No. 20.) The Court will be reviewing briefs for purposes of ruling on the ex parte application for a temporary restraining order filed by Plaintiffs. (shb) (Entered: 06/26/2020)

June 25, 2020

June 25, 2020

PACER
22

Notice of Interested Parties filed by Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu on First Amended Complaint (Sobel, Carol) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP
23

PROOF OF SERVICE filed by plaintiff Black Lives Matter Los Angeles, re Summons Issued 11, Amended Complaint/Petition 8 served on 6/24/20. (Sobel, Carol) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
24

OPPOSITION re: Emergency EX PARTE APPLICATION for Temporary Restraining Order 14 filed by Defendant City of Los Angeles. (Attachments: # 1 Declaration of Ernest Eskridge, # 2 Declaration of Kris Pitcher, # 3 Declaration of Michael Rimkunas, # 4 Declaration of Joshua Rubenstein, # 5 Notice of Manual Filing of Exhibits)(Dermer, Gabriel) (Entered: 06/30/2020)

1 Declaration of Ernest Eskridge

View on PACER

2 Declaration of Kris Pitcher

View on PACER

3 Declaration of Michael Rimkunas

View on PACER

4 Declaration of Joshua Rubenstein

View on PACER

5 Notice of Manual Filing of Exhibits

View on PACER

June 30, 2020

June 30, 2020

PACER
25

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 22 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Notices - select - Certificate/Notice of Interested Parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (shb) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
26

WAIVER OF SERVICE OF SUMMONS; F.R.Civ.P., Rule 4(d)(3) filed by Defendant Michel Moore re: Summons Issued 11, Amended Complaint/Petition 9 (Plowden, Geoffrey) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
27

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 26 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Service Documents Service/Waivers of Summons and Complaints. Case number is incorrect or missing. Other error(s) with document(s): The case number is incomplete. The case number is 2:20-cv-05027-CBM (ASx). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (shb) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
28

ORDER RE: NOTICE OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION (DKT. NO. 14) by Judge Consuelo B. Marshall: The Court DENIES the Application. Although they captioned this Application as a Notice of Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction, Plaintiffs do not request an order to show cause why a preliminary injunction should not issue. As the Court indicated by minute order, the Court addresses in this order only Plaintiffs request for a temporary restraining order. (See Dkt. No. 21 (The Court will review briefs for purposes of ruling on the ex parte application for a temporary restraining order filed by Plaintiffs.) Nothing in this order precludes Plaintiffs from filing a noticed motion for a preliminary injunction, consistent with Fed. R. Civ. P. 65 and the local rules of the Central District of California. IT IS SO ORDERED. (shb) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

Clearinghouse
29

Notice of Appearance or Withdrawal of Counsel: for attorney Weston C Rowland counsel for Plaintiff Black Lives Matter Los Angeles. Adding Weston C. Rowland as counsel of record for Weston C. Rowland, Black Lives Matter Los Angeles, Los Angeles Community Action Network for the reason indicated in the G-123 Notice. Filed by Plaintiff Weston C. Rowland. (Attorney Weston C Rowland added to party Black Lives Matter Los Angeles(pty:pla))(Rowland, Weston) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
30

STIPULATION for Extension of Time to File Answer to August 24, 2020 re Amended Complaint/Petition 9 filed by Defendant City of Los Angeles. (Attachments: # 1 Proposed Order)(Dermer, Gabriel) (Entered: 07/22/2020)

1 Proposed Order

View on PACER

July 22, 2020

July 22, 2020

PACER
31

NOTICE of Change of Attorney Business or Contact Information: for attorney Katherine Robinson counsel for Plaintiffs Black Lives Matter Los Angeles, CANGRESS. Changing e-mail to klrobinsonlaw@gmail.com. Filed by Plaintiffs Black Lives Matter Los Angeles, CANGRESS. (Robinson, Katherine) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
32

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Business or Contact Information (G-06), 31 . The following error(s) was/were found: Blank document. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ak) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
33

ORDER GRANTING Stipulation to Extend Time to Answer (More than 30 days) 30, by Judge Consuelo B. Marshall: The Court orders that Defendant City of Los Angeles and Defendant Michel Moore shall have until August 24, 2020 to file a responsive pleading to the First Amended Complaint. Defendants City of Los Angeles answer due 8/24/2020; Michel Moore answer due 8/24/2020. (shb) (Entered: 07/24/2020)

July 23, 2020

July 23, 2020

PACER
34

EX PARTE APPLICATION for Order for TO HOLD RULE 26(F) CONFERENCE ON OR BEFORE AUGUST 14, 2020 filed by plaintiff Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu. (Attachments: # 1 Proposed Order) (Hoffman, Paul) (Entered: 08/05/2020)

1 Proposed Order

View on PACER

Aug. 5, 2020

Aug. 5, 2020

RECAP
35

Notice of Appearance or Withdrawal of Counsel: for attorney Geoffrey R Plowden counsel for Defendants City of Los Angeles, Michel Moore. Adding Geoffrey Plowden as counsel of record for City of Los Angeles, Chief Michel Moore for the reason indicated in the G-123 Notice. Filed by Defendants Defendants. (Attorney Geoffrey R Plowden added to party City of Los Angeles(pty:dft), Attorney Geoffrey R Plowden added to party Michel Moore(pty:dft))(Plowden, Geoffrey) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
36

Opposition in opposition re: EX PARTE APPLICATION for Order for TO HOLD RULE 26(F) CONFERENCE ON OR BEFORE AUGUST 14, 2020 34 Declaration of Geoffrey Plowden filed by Defendants City of Los Angeles, Michel Moore. (Plowden, Geoffrey) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

RECAP
37

Opposition opposition re: EX PARTE APPLICATION for Order for TO HOLD RULE 26(F) CONFERENCE ON OR BEFORE AUGUST 14, 2020 34 (Corrected); Declaration of Geoffrey Plowden filed by Defendants City of Los Angeles, Michel Moore. (Plowden, Geoffrey) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

RECAP
38

REPLY In Support of EX PARTE APPLICATION for Order for TO HOLD RULE 26(F) CONFERENCE ON OR BEFORE AUGUST 14, 2020 34 filed by Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu. (Washington, John) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

RECAP
39

MINUTES (IN CHAMBERS) ORDER RE DKT NO. 34 by Judge Consuelo B. Marshall: The Court orders the scheduling conference be held on September 1, 2020, at 10 a.m. Therefore, the Court GRANTS the Application, and orders the parties to file a joint scheduling report no later than August 25, 2020 pursuant to this Court's standing order. To the extent Defendants interpret the standing order of this Court to the contrary, this order applies to the scheduling conference here. IT SI SO ORDERED. (shb) (Entered: 08/11/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
40

ANSWER to Amended Complaint/Petition 9 with JURY DEMAND filed by Defendants City of Los Angeles, Michel Moore.(Plowden, Geoffrey) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
41

CERTIFICATE of Interested Parties filed by Defendants City of Los Angeles, Michel Moore, (Plowden, Geoffrey) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
42

JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Linus Shentu.. (Litt, Barrett) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
43

MINUTE ORDER IN CHAMBERS- OFF THE RECORD by Judge Consuelo B. Marshall: Counsel are notified that the Court has reviewed the joint status report. The Scheduling Conference, currently set for September 1, 2020, is hereby taken off calendar. The Court sets the following dates: ADR-1 Form shall be filed on or before September 8, 2020. Initial disclosures shall be completed by September 15, 2020.Fact completion by no later than August 31, 2021. Expert disclosure due by no later than September 20, 2021. Rebuttal by no later than October 30, 2021. Expert completion on or before November 15, 2021. Settlement conference shall be completed on or before November 30, 2021. Motions shall be set for oral argument on or before January 11, 2022 at 10:00 a.m. Pretrial Conference is set for March 22, 2022 at 2:30 p.m. Jury Trial is set for April 26, 2022 at 10:00 a.m. (Est. 15 days). IT IS SO ORDERED. (shb) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
44

REQUEST for ADR Procedure No. 2 filed. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu(Litt, Barrett) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
45

ORDER/REFERRAL to ADR Procedure No 2 44 by Judge Consuelo B. Marshall. Case ordered to Court Mediation Panel for mediation. Within twenty-one (21) days, plaintiff shall obtain the consent of a neutral listed on the Court's Mediation Panel who will conduct the mediation, and file Form ADR-2, Stipulation Regarding Selection of Panel Mediator. If the parties have not selected and obtained the consent of a Panel Mediator within twenty-one (21) days, the ADR Program will assign one. (lom) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
46

STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Richard Copeland may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Black Lives Matter Los Angeles(Sobel, Carol) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
47

STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Richard Copeland may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Black Lives Matter Los Angeles(Sobel, Carol) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
48

NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Richard T. Copeland has been assigned to serve as Panel Mediator. (lst) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
49

NOTICE OF CHANGE OF FIRM NAME filed by Plaintiffs Black Lives Matter Los Angeles. (Litt, Barrett) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
50

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 49 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Notices - Select -Notice of Change of Attorney Business or Contact Information (G-06). Other error(s) with document(s): The Form G-06 is the correct form for "Notice of Change of Firm Name or Attorney Information". In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (shb) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
51

NOTICE of Change of Attorney Business or Contact Information: for attorney Aidan C McGlaze counsel for Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu. Changing Address to 9415 Culver Boulevard, #115, Culver City, CA 90232. Filed by Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu. (McGlaze, Aidan) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
52

NOTICE of Change of Attorney Business or Contact Information: for attorney Michael D Seplow counsel for Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu. Changing Address to 9415 Culver Boulevard, #115, Culver City, CA 90232. Filed by Plaintiffs Black Lives Matter Los Angeles, CANGRESS, Weston Rowland, Linus Shentu. (Seplow, Michael) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
53

APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. filed by plaintiff Weston Rowland, Linus Shentu. (Attachments: # 1 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS RENEWED APPLICATION FOR A TEMPORARY RESTRAINING ORDER, AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE) (Hoffman, Paul) (Entered: 04/13/2021)

1 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS RENEWED APPLICATION FOR A TE

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April 13, 2021

April 13, 2021

RECAP
54

Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. filed by plaintiff Black Lives Matter Los Angeles, Weston Rowland, Linus Shentu. (Attachments: # 1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND FOR ANOSC RE: PRELIMINARY INJUNCTION, # 2 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS RENEWED APPLICATION FOR A TEMPORARY RESTRAINING ORDER, AND ORDER TO SHOW CAUSEWHYA PRELIMINARY INJUNCTION SHOULD NOT ISSUE) (Hoffman, Paul) (Entered: 04/13/2021)

1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS APPLICA

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2 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS RENEWED APPLICATION FOR A TE

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April 13, 2021

April 13, 2021

RECAP
55

REQUEST FOR JUDICIAL NOTICE re Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 filed by Plaintiff Black Lives Matter Los Angeles. (Sobel, Carol) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

RECAP
56

EXHIBIT VOL. I, EXHIBITS 1 AND 2 to Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 filed by Plaintiff Black Lives Matter Los Angeles. (Sobel, Carol) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

RECAP
57

EXHIBIT VOL II EX 2 to Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 filed by Plaintiff Black Lives Matter Los Angeles. (Sobel, Carol) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

RECAP
58

EXHIBIT Exhibits 4-15 to Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 filed by Plaintiff Black Lives Matter Los Angeles. (Attachments: # 1 Declaration, # 2 Declaration Exhibits 4 and 5 (video), # 3 Declaration Exhibits 6 (video) and 7, # 4 Declaration Ex. 8 and 9 (video), # 5 Declaration, # 6 Declaration Ex. 10, 11, 12, # 7 Declaration Ex. 13, 14, # 8 Declaration Ex. 15)(Sobel, Carol) (Entered: 04/13/2021)

1 Declaration

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2 Declaration Exhibits 4 and 5 (video)

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3 Declaration Exhibits 6 (video) and 7

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4 Declaration Ex. 8 and 9 (video)

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5 Declaration

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6 Declaration Ex. 10, 11, 12

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7 Declaration Ex. 13, 14

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8 Declaration Ex. 15

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April 13, 2021

April 13, 2021

RECAP
59

EXHIBIT Exhibits 5,6,8,9 to Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 Notice of Manual Filing of Videos filed by Plaintiff Black Lives Matter Los Angeles. (Sobel, Carol) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

PACER
60

DECLARATION of Roger Clark in support of Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 Corrected signed declaration filed by Plaintiff Black Lives Matter Los Angeles. (Attachments: # 1 Declaration Roger Clark)(Sobel, Carol) (Entered: 04/13/2021)

1 Declaration Roger Clark

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April 13, 2021

April 13, 2021

RECAP
61

Request to Strike Ex Parte for Temporary Restraining Order (Doc 54) filed by Defendants City of Los Angeles, Michel Moore re: Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 (Plowden, Geoffrey) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

PACER
62

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, 61 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request - Order. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): To find the correct event, use the search feature. Event can be found - Motions and Related Filings - Applications/Ex Parte Applications/Motions/Petitions/Request. This event sets the Request on the Judge's calendar. There is no [Prop] Order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lom) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
63

RESPONSE filed by Plaintiff Black Lives Matter Los Angelesto Miscellaneous Document, 61 to Request to Strike Ex Parte App (Sobel, Carol) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

RECAP
64

MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: re: Counsel are hereby notified that the above matter is set on the Court's calendar for a Telephonic Status Conference re Temporary Restraining Order hearing on April 15, 2021 at 11:00 a.m. Re APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 53, and Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 . Counsel should use a land line and handset from a quiet location, no speaker phone. Wait on the line until your case is called, while you are waiting, please mute your phone as the Court can hear all the noise in the background. The call in number will be given to the parties one day before the hearing. (ys) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

RECAP
65

MINUTES OF TELEPHONIC HEARING RE STATUS CONFERENCE RE TEMPORARY RESTRAINING ORDER 53 54 held before Judge Consuelo B. Marshall. Following discussions with the parties, the Court advises counsel that the plaintiff shall file today by no later than 1:00 pm, a modified proposed order with the language as to the restrictions by law enforcement. Defense counsel will email to the Court an electronic link to the video clips by no later than 1:00 pm today. Once the Court has reviewed these items an order will issue. Court Reporter: Miranda Algorri. (lom) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER
66

REVISED PROPOSED ORDER re Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 filed by Plaintiff Black Lives Matter Los Angeles. (Sobel, Carol) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

RECAP
67

OBJECTIONS to Motion Related Document, 66 filed by Defendants City of Los Angeles, Michel Moore. (Dermer, Gabriel) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

RECAP
68

SUPPLEMENT to Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 Evidence in Record of 37 and 44mm weapons filed by Plaintiff Black Lives Matter Los Angeles. (Attachments: # 1 Declaration Monterrosa Dec and Ex 16-17)(Sobel, Carol) (Entered: 04/15/2021)

1 Declaration Monterrosa Dec and Ex 16-17

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April 15, 2021

April 15, 2021

RECAP
69

TRANSCRIPT ORDER as to Defendants City of Los Angeles, Michel Moore for Court Reporter. (Plowden, Geoffrey) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
70

MINUTE IN CHAMBERS- ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION HEARING by Judge Consuelo B. Marshall: Pending before the Court is Plaintiffs' Request for Order to Show Cause re Preliminary Injunction. (Dkt. 54.) Defendants are ordered to show cause why a prelimina1y injunction should not issue. Defendants' response is to be filed no later than April 26, 2021, and Plaintiffs' reply is to be filed no later than April 28, 2021. The hearing date is May 3, 2021, at 10:00 a.m. IT IS SO ORDERED. (shb) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

RECAP
71

ORDER RE: COURTS RULING ON PLAINTIFFS APPLICATION FOR TEMPORARY RESTRAINING ORDER 53 54 by Judge Consuelo B. Marshall: Accordingly, Defendants Request to Strike Plaintiffs TRO and, in the alternative, additional time to file opposition is DENIED. The Court GRANTS-IN-PART Plaintiffs TRO and orders as follows: LAPD is restricted from using the 40mm and 37mm launchers in public demonstrations except by officers who are properly trained and certified to use the less-lethal launchers; LAPD must give a verbal warning to disperse consist with the LAPD use of force directive and a reasonable opportunity to comply before deploying a 40mm or 37mm launcher, except when an officer is attacked; The 40mm and 37mm less-lethal launcher may only be used on persons who pose a threat of serious bodily harm to others, including law enforcement; The 40mm launcher must not be used to target the head, neck, face, eyes, or spine of a person; and LAPD is restricted from aiming the launchers at the upper bodies ofdemonstrators and within five feet. IT IS SO ORDERED. (shb) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

RECAP
72

TRANSCRIPT for proceedings held on 04-15-21, 11:15 am. Court Reporter/Electronic Court Recorder: Miranda Algorri, phone number/email mirandaalgorri@gmail.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 5/11/2021. Redacted Transcript Deadline set for 5/21/2021. Release of Transcript Restriction set for 7/19/2021. (Algorri, Miranda) (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
73

NOTICE OF FILING TRANSCRIPT filed for proceedings 04-15-21, 11:15 am re Transcript 72 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Algorri, Miranda) TEXT ONLY ENTRY (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
74

TRANSCRIPT ORDER as to plaintiff Black Lives Matter Los Angeles for Court Reporter. Court will contact Carol Sobel at carolsobellaw@gmail.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Sobel, Carol) (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
75

NOTICE OF MOTION AND MOTION for Order for TO DISSOLVE TEMPORARY RESTRAINING ORDER filed by DEFENDANTS City of Los Angeles, Michel Moore. (Attachments: # 1 Memorandum OF POINTS AND AUTHORITIES, # 2 Declaration OF ROGER MURPHY IN SUPPORT OF DEFENDANTS' MOTION, # 3 Proposed Order) (Plowden, Geoffrey) (Entered: 04/20/2021)

1 Memorandum OF POINTS AND AUTHORITIES

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2 Declaration OF ROGER MURPHY IN SUPPORT OF DEFENDANTS' MOTION

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3 Proposed Order

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April 20, 2021

April 20, 2021

RECAP

Notice of Filing Transcript

April 20, 2021

April 20, 2021

PACER
76

OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION for Order for TO DISSOLVE TEMPORARY RESTRAINING ORDER 75 filed by Plaintiff Black Lives Matter Los Angeles. (Attachments: # 1 Declaration Sobel Declaration and Exhibits 18-20)(Sobel, Carol) (Entered: 04/21/2021)

1 Declaration Sobel Declaration and Exhibits 18-20

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April 21, 2021

April 21, 2021

RECAP
77

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that pursuant to the Judge's directive, the Defendant's motion for order to dissolve Temporary Restraining Order 75 is hereby set for Telephonic hearing on Friday, April 23, 2021 at 2pm. Counsel should use a land line and handset from a quiet location, no speaker phone. Wait on the line until your case is called, while you are waiting, please mute your phone as the Court can hear all the noise in the background. The call in number will be given to the parties one day before the hearing. IT IS SO ORDERED. See order for further details. (shb) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

RECAP
78

MINUTES OF TELEPHONIC HEARING RE DEFENDANT'S MOTION TO DISSOLVE OR CLARIFYTRO IN PART; IN THE INTERIM, TO STAY TRO, OR IN THE ALTERNATIVE, TO STAY TRO IN PART PENDING EMERGENCY APPELLATE RELIEF 75 held before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. The Court and counsel confer. Following discussions with the parties, the Court advises counsel that the motion is taken under submission and a written order will issue. The hearing re Order to Show Cause re the preliminary injunction will remain on calendar for Monday, MAY 3, 2021 at 10:00 a.m. Court Reporter: Katie Thibodeaux. (shb) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

RECAP
79

TRANSCRIPT ORDER as to Defendants City of Los Angeles, Michel Moore for Court Reporter. (Plowden, Geoffrey) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
80

OBJECTIONS opposition re: Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 filed by Defendants City of Los Angeles, Michel Moore. (Plowden, Geoffrey) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

RECAP
81

TRANSCRIPT for proceedings held on 04/23/21 2:04 pm. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, CSR, RPR, CRR, phone number ktbdx@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 5/17/2021. Redacted Transcript Deadline set for 5/27/2021. Release of Transcript Restriction set for 7/26/2021. (Thibodeaux, Elizabeth) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
82

NOTICE OF FILING TRANSCRIPT filed for proceedings 04/23/21 2:04 pm re Transcript 81 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Thibodeaux, Elizabeth) TEXT ONLY ENTRY (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
83

OPPOSITION to Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 [Doc 78] filed by Defendants City of Los Angeles, Michel Moore. (Attachments: # 1 Declaration of Donald R. Graham, Jr., # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Declaration of Steven Lurie, # 7 Exhibit A, # 8 Declaration of Roger Murphy, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Declaration of German Hurtado)(Plowden, Geoffrey) (Entered: 04/26/2021)

1 Declaration of Donald R. Graham, Jr.

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Declaration of Steven Lurie

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7 Exhibit A

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8 Declaration of Roger Murphy

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9 Exhibit 5

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10 Exhibit 6

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11 Exhibit 7

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12 Exhibit 8

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13 Declaration of German Hurtado

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April 26, 2021

April 26, 2021

RECAP
84

NOTICE of Manual Filing filed by Defendants City of Los Angeles, Michel Moore of Flash Drive with video clips. (Plowden, Geoffrey) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

RECAP

Notice of Filing Transcript

April 26, 2021

April 26, 2021

PACER
85

PARTIES' REPORT OF MEET AND CONFER EFFORTS AND PROPOSED MODIFIED LANGUAGE TO TEMPORARY RESTRAINING ORDER (Dkt. 71); [PROPOSED ORDER re Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 filed by Defendants City of Los Angeles, Michel Moore. (Attachments: # 1 Proposed Order)(Plowden, Geoffrey) (Entered: 04/27/2021)

1 Proposed Order

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April 27, 2021

April 27, 2021

RECAP
86

SUPPLEMENT to Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 (Dkt. 71) filed by Defendants City of Los Angeles, Michel Moore. (Attachments: # 1 Exhibit 'A' Re Revised Temporary Restraining Order)(Plowden, Geoffrey) (Entered: 04/27/2021)

1 Exhibit 'A' Re Revised Temporary Restraining Order

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April 27, 2021

April 27, 2021

RECAP
87

DECLARATION of GERMAN HURTADO opposition Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 Supplemental Declaration, and in support of [Doc 83] filed by Defendants City of Los Angeles, Michel Moore. (Plowden, Geoffrey) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

RECAP
88

NOTICE of Manual Filing filed by Defendants City of Los Angeles, Michel Moore of EXH B - FLASH DRIVE OF VIDEO CLIP- attached to Supplemental Declaration of German Hurtado in Support of the City's Response to the OSC re Preliminary Injunction. (Plowden, Geoffrey) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
89

SUPPLEMENT RE MODIFICATION TO TRO filed by Plaintiff Black Lives Matter Los Angeles. (Attachments: # 1 Proposed Order RE MODIFICATION OF TRO)(Sobel, Carol) (Entered: 04/27/2021)

1 Proposed Order RE MODIFICATION OF TRO

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April 27, 2021

April 27, 2021

RECAP
90

AMENDED ORDER RE: RULING ON PLAINTIFFS APPLICATION FOR TEMPORARY RESTRAINING ORDER 71 75 by Judge Consuelo B. Marshall: Defendants Request to Strike Plaintiffs TRO and, in the alternative, additional time to file opposition is DENIED. The Courts previous Order is modified as follows: 1. LAPD is restricted from using the 40mm and 37mm launchers in public demonstrations except by officers who successfully completed Department training and meet all annual qualification requirements on the weapons; 2. An officer may use 40mm less-lethal munitions only when the officer reasonably believes that a suspect is violently resisting arrest or poses an immediate threat of violence or physical harm. The use of 40mm less-lethal munitions should be preceded by a warning, if feasible; 3. An officer may use 37mm less-lethal munitions as a crowd control tool only with the prior approval of the incident commander and only when a dispersal order has been issued, unless immediate action is necessary to stop violence, to ensure public safety and restore order. A warning to disperse must be given, consistent with all of the dispersal order requirements set forth in LAPD Use of Force Tactics Directive No. 11.1, and then the officer may fire the 37 mm at the ground 5 to 10 feet in front of the crowd. The 37 mm may not be used as a target specific munition unless absolutely necessary to prevent imminent serious bodily injury to the officer or others. 4. The 40mm launcher must not be used to target the head, neck, face, eyes, kidneys, chest, groin or spine of a person. 5. The 40 mm and 37 mm launchers should be fired at a distance of five feet or greater from another person, unless an officer or other person is attacked and there is a threat of imminent serious harm. This order supersedes the Order re TRO issued on April 19, 2021. IT IS SO ORDERED. (shb) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

Clearinghouse
91

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that the above matter is set on the Court's calendar for a Telephonic hearing re Order to Show Cause re Preliminary Injunction set for MAY 3, 2021 at 10:00 a.m. Counsel should use a land line and handset from a quiet location, no speaker phone. Wait on the line until your case is called, while you are waiting, please mute your phone as the Court can hear all the noise in the background. The call in number will be given to the pa1iies one day before the hearing. See order for further details. (shb) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
92

RESPONSE IN SUPPORT of Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 OSC RE PRELIMINARY INJUNCTION filed by Plaintiff Black Lives Matter Los Angeles. (Sobel, Carol) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
93

SUPPLEMENT to Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 FACTS, DECLARATIONS AND EXHIBITS IN RESPONSE TO OSC RE PRELIMINARY INJUNCTION filed by Plaintiff Black Lives Matter Los Angeles. (Attachments: # 1 Declaration SUPP GUERRERO DECL, # 2 Exhibit EXHIBIT 21, # 3 Exhibit EXHIBIT 22, # 4 Exhibit EXHIBIT 23, # 5 Declaration SUPP BAFFA DECL AND EXHIBIT 24)(Sobel, Carol) (Entered: 04/28/2021)

1 Declaration SUPP GUERRERO DECL

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2 Exhibit EXHIBIT 21

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3 Exhibit EXHIBIT 22

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4 Exhibit EXHIBIT 23

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5 Declaration SUPP BAFFA DECL AND EXHIBIT 24

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April 28, 2021

April 28, 2021

PACER
94

REPLY ISO OF REQUEST FOR JUDICIAL NOTICE re Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 AND OSC RE PRELIMINARY INJUNCTION filed by Plaintiff Black Lives Matter Los Angeles. (Sobel, Carol) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
95

OBJECTIONS EVIDENTIARY OBJECTIONS TO DEFENDANTS' DECLARATIONS re: Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 filed by Plaintiff Black Lives Matter Los Angeles. (Sobel, Carol) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
96

DECLARATION of ANDREW GUERRERO IN SUPPORT OF Corrected APPLICATION for Temporary Restraining Order as to LAPD being restrained and enjoined from using 40 mm and 37 mm projectiles in public demonstrations. 54 AND OSC RE PRELIMINARY INJUNCTION filed by Plaintiff Black Lives Matter Los Angeles. (Sobel, Carol) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
97

(IN CHAMBERS) ORDER CHANGING TIME FOR TELEPHONIC HEARING ON ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION by Judge Consuelo B. Marshall: On the Court's own motion, the TIME for the hearing set for May 3, 2021 is changed from 10:00 a.m. to 2:00 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER

Text Only Scheduling Notice

April 29, 2021

April 29, 2021

PACER

Case Details

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Multi-LexSum (in sample)

Key Dates

Filing Date: June 5, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Black Lives Matter - Los Angeles activists and the class of protesters arrested by LAPD during the protests against the killing of George Floyd.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Los Angeles (Los Angeles), City

LAPD Police Chief (Los Angeles), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Aggressive behavior

Excessive force

Over/Unlawful Detention