Case: Vanke v. Block

U.S. Court of Appeals for the Ninth Circuit

Vanke v. Baca

Supreme Court of the United States

COMPLAINT filed Summons(es) issd referred to Discovery Stephen J. Hillman; Jury demand (jp) (Entered: 05/29/1998)

NOTICE by plaintiff R Vanke of related case(s) CV97-1705 WJR (Ex) (jc) (Entered: 05/29/1998)

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for preliminary injunction ; motion hearing set for 10:00 6/15/98 (twdb) (Entered: 06/01/1998)

NOTICE OF MOTION AND MOTION by plaintiff R Vanke to certify class action ; motion hearing set for 10:00 6/15/98 (twdb) (Entered: 06/01/1998)

Standing ORDER by Judge Dean D. Pregerson (twdb) (Entered: 06/08/1998)

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV97-1705 WJR (Ex)] Transfer of case declined for the reasons set forth on order by Judge William J. Rea . (cc: all counsel) (jc) (Entered: 06/08/1998)

Proof of service of S/C executed upon defendant Sherman Block on 6/3/98 personally (twdb) (Entered: 06/10/1998)

EX PARTE APPLICATION filed by dfts Zev Yaroslavsky, Yvonne NMI Burke, Donald Knabe, Gloria Molina, Michael Antonovich, Deane Dana, Peter Schabarum for an ord continuing the hearing date of plfs mot for a P/I , and for class certification to 6/29/98; Lodged Prop Ord (ak) (Entered: 06/17/1998)

NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson that Stmt of failure of dft to file opp rcd 6/8/98 is NOT to be filed but instead rejcted & Ord returned to cnsl. (twdb) (Entered: 06/11/1998)

OBJECTIONS by defendant Sherman Block to motion to certify class action [4-1], motion for preliminary injunction [3-1] and req to strike said mtns; Mem of P&A in suppt; Decl of David D Lawrence (el) (Entered: 06/15/1998)

JOINDER by dfts Cnty of Los Angeles Zev Yaroslavsky, Yvonne NMI Burke, Donald Knabe, Gloria Molina, Michael Antonovich, Deane Dana, Peter Schabarum joining dft Sherman Block's motion opposition [9-1] (el) (Entered: 06/15/1998)

OPPOSITION by plaintiff R Vanke to Cnth Supervisor dfts' ex parte appl to cont hrg date on plf's mtns for class cert & P/I frm 6/15 - 6/29/98 (el) (Entered: 06/16/1998)

ORDER by Judge Dean D. Pregerson resetting hearing on motion to certify class action [4-1] 6/29/98, resetting hearing on motion for preliminary injunction [3-1] 6/29/98; all of the briefing ddlines for flg & svc of opp & reply papers concerning these mtns are also contd in accord w/ LR 7.8 (el) (Entered: 06/16/1998)

OPPOSITION by defendants to plfs motion for preliminary injunction [14-1] (twdb) (Entered: 06/18/1998)

OPPOSITION by defendants to plfs motion for class certification [15-1] (twdb) (Entered: 06/18/1998)

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for class certification ; motion hearing set for 10:00 7/13/98 (twdb) (Entered: 06/18/1998)

NOTICE OF MOTION AND MOTION by Zev Yaroslavsky, Yvonne NMI Burke, Donald Knabe, Gloria Molina, Michael Antonovich, Deane Dana, Peter Schabarum to dismiss ; motion hearing set for 10:00 7/13/98 (el) (Entered: 06/19/1998)

REQUEST by dfts Zev Yaroslavsky, Yvonne NMI Burke, Donald Knabe, Gloria Molina, Michael Antonovich, Deane Dana, Peter Schabarum for judicial notice re motion to dismiss [18-1] (el) (Entered: 06/19/1998)

ORDER by Judge Dean D. Pregerson removing motions [4-1], [3-1], [15- 1], [14-1] frm calendar for failure to comply w/ LR 7.4.1., to provide ti for a pre-flg conf of cnsl bfr the crt reaches the merits of the mtns; the crt SUA SPONTE shortens ti for compliance w/LR 7.4.1.; pre-flg conf of cnsl shl be held NLT 6/26/98; if these mtns are still necess after conf, the plf shl re-ntc the mtns for P/I & class cert NLT 6/29/98; dft Block's opp to the plf's ntbs shl be fld & srvd NLT 7/6/98; the opp of the Cnty Suprvsr dfts shl be deemed to apply to the re-ntcd mtns; plf's reply if any shl be fld/srvd NLT 7/13/98; the opp to the Cnty Supvsr dfts' mtns & replies if any shl be fld in complaince w/ LRs 7.6 & 7.7; the mtns will be hrd 7/20/98 @10:00 a.m. (see doc for fur details) (el) (Entered: 06/26/1998)

STIPULATION filed by dft Sherman Block to ext time for dft to resp to complaint [1-1] (twdb) (Entered: 06/25/1998)

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for preliminary injunction ; motion hearing set for 10:00 7/20/98 (twdb) (Entered: 06/30/1998)

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for class certification ; motion hearing set for 10:00 7/20/98 (twdb) (Entered: 06/30/1998)

VERIFIED FIRST AMENDED COMPLAINT [1-1] by plaintiff R Vanke; jury demand. Summons not issd (el) (Entered: 07/02/1998)

STIPULATION and ORDER by Judge Dean D. Pregerson dismissing w/o prej actn as to some dfts: terminating party Zev Yaroslavsky, party Yvonne NMI Burke, party Donald Knabe, party Gloria Molina, party Michael Antonovich, party Deane Dana, party Peter Schabarum (ENT 7/02/98), mld cpys & ntc (el) (Entered: 07/02/1998)

Ntc of JOINDER by plaintiff R Vanke joining motion for class certification [22-1], motion for preliminary injunction [21-1] (twdb) (Entered: 07/08/1998)

NOTICE OF MOTION AND MOTION by defendant Sherman Block to dismiss cmp ; motion hearing set for 10:00 8/10/98 (twdb) (Entered: 07/08/1998)

OPPOSITION by defendant Sherman Block to motion for preliminary injunction [21-1] (twdb) (Entered: 07/08/1998)

OPPOSITION by defendant Sherman Block to motion for class certification [22-1] (twdb) (Entered: 07/08/1998)

NOTICE OF MOTION AND MOTION by defendant Sherman Block to dismiss 1st A/C ; motion hearing set for 10:00 8/10/98; Mem of PA in suppt (el) (Entered: 07/14/1998)

REPLY by plaintiff R Vanke on their motion for preliminary injunction [21-1] (twdb) (Entered: 07/15/1998)

REPLY by plaintiff R Vanke on their motion for class certification [22-1] (twdb) (Entered: 07/15/1998)

MINUTES: Plfs motion for class certification [22-1] is motion for preliminary injunction [21-1] is under submission by Judge Dean D. Pregerson CR: John Turman (pj) Modified on 10/16/2002 (Entered: 10/15/2002)

Plaintiffs' Rule 28(J) Analog (el) (Entered: 07/23/1998)

OBJECTIONS AND OPPOSITION by plaintiff R Vanke to [29-1] deft Block's (2nd) mot to dism 1st A/C. (et) (Entered: 07/29/1998)

OBJECTION by defendant Sherman Block to plf's submission of Rule 28 (j) Analog Statement [32-1] (dhl) (Entered: 07/31/1998)

REPLY by defendant Sherman Block to opp to motion to dismiss 1st A/C [29-1] (twdb) (Entered: 08/04/1998)

MINUTES: that the motion to dismiss cmp [25-1] is submitted by Judge Dean D. Pregerson CR: John Turman (twdb) (Entered: 08/11/1998)

Partial ANSWER filed by defendant Sherman Block to first amended complaint [23-1]; jury demand (twdb) (Entered: 08/20/1998)

NOTICE of suspensiion frm practice of Stephen Yagman for one year commencing 30 days frm 9/16/98, Marion Yagman and Yagman and Yagman still rep plf by plaintiff R Vanke (lc) (Entered: 10/19/1998)

ORDER by Judge Dean D. Pregerson granting motion for class certification [22-1], granting motion for preliminary injunction [21-1] it is Ord that dfts & their offcrs, etc are enjoined during the pendency of this actn frm holding indivs who have been acquitted of the charges etc (see doc for details) this injunc is STAYED for 60 days after the flg date of this order; GRANT in part as to the ss 1983 clm based on the stlmnt procedures, DENY in part as to ss 1983 clm based on over-detention re motion to dismiss 1st A/C [29-1]; any amended cmpt reasserting this dismissed clm must be fld w/in 20 days of the flg date of this order. (el) (Entered: 11/13/1998)

NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson that the letter rcvd on 11/17/98 is Not to be fld, but instead Rejected and is Ordered retnd ocnsl (el) (Entered: 11/20/1998)

REQUEST by plaintiff for publication of 11/7/98 Order (el) (Entered: 11/25/1998)

NOTICE thatdft Sherman Block is deceased as of 10/29/98 by atty for defendant Sherman Block (el) (Entered: 02/17/1999)

NOTICE OF MOTION AND MOTION by plaintiff R Vanke to establish procedure to monitor compliance with injunction ; motion hearing set for 10:00 4/23/01 (pj) (Entered: 04/02/2001)

NOTICE OF MOTION AND MOTION by plaintiff fo preliminary injunction permanent injunction ; motion hearing set for 10:00 4/23/01 (pj) (Entered: 04/02/2001)

NOTICE OF MOTION AND MOTION by plaintiff for a findings of violation of the prelim inj & for contempt of crt for violation of injunction (R.D. Mortimer) ; motion hearing set for 10:00 4/23/01 (pj) (Entered: 04/03/2001)

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for a findings of violation of the prelim inj & for contempt of crt for violation of inj Anthony Hart ; motion hearing set for 4/23/01 (pj) (Entered: 04/03/2001)

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for findings of violcation of the prelim inj & for contempt of crt for violation of injunction R. Berry ; motion hearing set for 10:00 4/23/01 (pj) (Entered: 04/03/2001)

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for a findings of violation of the prelim inj & for contempt of crt for violation of inj W Bell ; motion hearing set for 10:00 4/23/01 (pj) (Entered: 04/03/2001)

NOTICE by plaintiff R Vanke of related case(s) CV 00-13002 ABC (rn) (Entered: 04/05/2001)

FURTHER INFORMATION CONCERNING REASONS IDENTIFIED ACTNS should be assigned to the same judicial officer as the instant actn by plaintiff's (jp) (Entered: 04/05/2001)

MEMO OF P&A IN OPPOSITION by defendant Lee Baca to plfs Class Action motion to make preliminary injunction permanent injunction [44- 1] (pj) (Entered: 04/11/2001)

MEMO OF P&A IN OPPOSITION by defendant Lee Baca to Plfs' class actn motion to establish procedure to monitor compliance with injunction [43-1] (pj) (Entered: 04/11/2001)

MEMO OF P&A IN OPPOSITION by defendant Lee Baca to Plfs Class Actn motion for a findings of violation of the prelim inj & for contempt of crt for violation of inj W Bell [48-1] (pj) (Entered: 04/11/2001)

MEMO OF P&A IN OPPOSITION by defendant Lee Baca to Plfs Class Action motion for a findings of violation of the prelim inj & for contempt of crt for violation of injunction (R.D. Mortimer) [45-1] (pj) (Entered: 04/11/2001)

MEMO OF P&A IN OPPOSITION by defendant Lee Baca to Plfs' Class Action motion for a findings of violation of the prelim inj & for contempt of crt for violation of inj Anthony Hart [46-1] (pj) (Entered: 04/11/2001)

MEMO OF P&A IN OPPOSITION by defendant Lee Baca to Plfs' Class Action motion for findings of violcation of the prelim inj & for contempt of crt for violation of injunction R. Berry [47-1] (pj) (Entered: 04/11/2001)

MINUTES: Proceedings: Crt hears oral argument on Plfs' motions filed on 3/29/01 and takes the matter under submission by Judge Dean D. Pregerson CR: Beth Esther Zaccaro (el) (Entered: 05/04/2001)

ORDER by Judge Dean D. Pregerson setting scheduling conference mandatory status conference set on 1:30 6/11/01 ; ptys are reminded of their obligtions to disclose info & confer on a discov plan NLT 21 days prior to the sched conf & file report (el) (Entered: 04/24/2001)

ORDER by Judge Dean D. Pregerson DENYING Plfs' mot to convert prelim inj into perm inj, finding of violation of prelim inj & for contempt of crt for violation of inj (4 mtns) & mot to establish procedure to monitor compliance with injunction [44-1], [43-1], [48-1], [47-1], [46-1], [45-1] (send) (pj) (Entered: 04/27/2001)

MINUTES: by Judge Dean D. Pregerson ; mandatory status conference cont on 1:30 6/18/01 CR: None Present (SEND) (yc) (Entered: 05/16/2001)

MINUTES: ORDER (In chambers) that consl notified tht on Crt's own mot the scheduling conf, the mandatory status conference is cont from 6/18/01 to 1:30 7/9/01 by Judge Dean D. Pregerson CR: None Present (Send) (el) (Entered: 05/25/2001)

NOTICE OF PLFS CNSL UNAVAILABILITY TO ATTEND HEARING ON 7/9/01 & REQ THAT HRG BE HELD ON SOME OTHER DATE by defendant Los Angeles County, plaintiff R Vanke (pj) (Entered: 06/04/2001)

MINUTES: Scheduling conf is hereby continued for 2:30 7/13/01 by Judge Dean D. Pregerson CR: None Present (send) (pj) (Entered: 06/14/2001)

OBJECTIONS filed by dft Sheriff Lee Baca to plfs ntc of deposition of Sheriff Lee Baca (pj) (Entered: 06/22/2001)

EXHIBITS IN SUPPT by defendant Lee Baca to dfts exparte appl to stay deposition of Sheriff Lee Baca pending resolution the mot for protective order [64-1] (pj) (Entered: 06/22/2001)

RESPONSE by plaintiff R Vanke to exparte appl to stay deposition of Sheriff Lee Baca pending resolution of the for protective order [64-1] (pj) (Entered: 06/25/2001)

ORDER by Discovery Stephen J. Hillman granting exparte appl to stay deposition of Sheriff Lee Baca pending resolution of the mot for protective order [64-1]. The 6/27/01 deposition is taken off calendar (pj) (Entered: 06/25/2001)

RESPONSE by plaintiff R Vanke to Dfts lastest Ex Parte appl for protective order to prevent plf from deposing material witnesses who are parties (pj) (Entered: 07/02/2001)

JOINT SCHEDULING CONF REPORT filed purs to Rule 26(f). Estimated length of trial 3-4 days; Decl of Jeremy B. Warren re Plf's non- compliance (ir) (Entered: 07/09/2001)

MINUTES: Scheduling conference held; Crt sets trial dates by Judge Dean D. Pregerson CR: None Present (pj) (Entered: 07/24/2001)

SCHEDULING ORDER by Judge Dean D. Pregerson discovery ddl set on 12/31/01; Last day to file motions 2/28/02; pretrial conference on 4:00 3/18/02;trial set on 9:00 3/26/02 (send) (pj) (Entered: 07/20/2001)

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for summary judgment , for permanent injunction ; motion hearing set for 10:00 9/10/01 Lodged order (pj) (seal) Modified on 08/17/2001 (Entered: 08/17/2001)

MEMO OF P&A IN OPPOSITION by defendant Sheriff Lee Baca to motion for summary judgment [73-1], motion for permanent injunction [73-2] (pj) (Entered: 08/29/2001)

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for sanctions against defense cnsl David Lawrence & his law firm, Franscell, Strickland, Roberts & Lawrence for violation ; motion hearing set for 10:00 9/24/01 Lodged (pj) (Entered: 09/06/2001)

SUPPL BUT TIME REPLY ON HIS by plaintiff R Vanke to motion for summary judgment [73-1] (pj) (Entered: 09/06/2001)

REPLY by plaintiff R Vanke on his motion for summary judgment [73- 1], motion for permanent injunction [73-2] (pj) (Entered: 09/06/2001)

MINUTES: Motion for summary judgment [73-1] & permanent injunction [73-2] is cont from 9/10/01 to 10:00 9/24/01 by Judge Dean D. Pregerson CR: None Present (send) (pj) (Entered: 09/10/2001)

NTC THAT NO SEPARATE STMT OF UNCONTROVERTED FACTS & CONCLUSIONS OF LAW HAS BEEN SERVED IN SUPPORT OT PLFS CLASS ACTION defendant Lee Baca to motion for summary judgment [73-1], motion for permanent injunction [73-2] (pj) (Entered: 09/10/2001)

OBJECTION TO PLFS UNSIGNED REPLY AND SUPPL REPLY PAPERS by defendant Lee Baca to [73-1], [73-2] (pj) (Entered: 09/10/2001)

EVIDENTIARY OBJECTIONS TO PLFS SUPPL BUT TIMELY REPLY by defendant Lee Baca to his motion for summary judgment [73- 1], motion for permanent injunction [73-2] (pj) (Entered: 09/10/2001)

OPPOSITION AND REQ TO STRIKE by defendant Lee Baca motion for sanctions against defense cnsl David Lawrence & his law firm, Franscell, Strickland, Roberts & Lawrence for violation [75-1]; REQUEST FOR SANCTIONS (pj) (Entered: 09/14/2001)

REPLY by plaintiff R Vanke on their motion for iposition of sanctions against defense cnsl David Lawrence & his law firm, Franscell, Strickland, Roberts & Lawrence for violation [75-1] (el) (Entered: 09/20/2001)

ORDER by Judge Dean D. Pregerson The dfts have not fld properly a noticed mot for such relief. The Crt orders that dfts file cross-mot for summary jgm. The Crt hearing & briefing is as follows: The Crt will hear oral argument on Vanke cross-motions for summary jgm on [75-1][73-1] [73-2] 10:00 11/5/01. The Dfts' cross motion for summary jgm must be fld & served on or before 10/15/01, with the plfs opp fld & served on or before 10/22/01, & the dfts reply fld & served on or before 10/29/01. The Crt orders that all motions currently on calendar with the crt in the following related matters is cont to 11/5/01 (P Send) (pj) (Entered: 09/24/2001)

RESPONSE by plaintiff re order entered on 9/24/01 [84-1] (pj) (Entered: 10/02/2001)

ORDER: ADDITIONAL BRIEFING FROM DFTS: The dfts suppl briefing must be fld & served on or before 10/15/01 by Judge Dean D. Pregerson, (p send) (pj) (Entered: 10/03/2001)

CROSS MOTION by defendant Sheriff Lee Baca for summary judgment ; motion hearing set for 10:00 11/5/01 Lodged order(pj) Modified on 10/16/2001 (Entered: 10/16/2001)

AND SUPPLEMENTAL BRIEFING IN RESP TO CRT'S INQUIRIES by defendant Lee Baca (pj) (Entered: 10/16/2001)

NOTICE OF MOTION AND MOTION by defendant Lee Baca to impose rule 11 sanctions ; motion hearing set for 10:00 11/5/01 (pj) (Entered: 10/16/2001)

DECLARATION of JEFREMY B WARREN & EXHIBITS SUBMITTED IN SUPPORT by defendant Lee Baca cross motion for summary judgment [87-1] (pj) (Entered: 10/16/2001)

OPPOSITION by plaintiff R Vanke to motion to impose rule 11 sanctions [88-1] (pj) (Entered: 10/19/2001)

STATEMENT GENUINE ISSUES in opp by plaintiff R Vanke re dfts' cross-motion for summary judgment [87-1] (el) (Entered: 10/23/2001)

CLASS ACTION OPPOSITION by plaintiff R Vanke to dfts' cross- motion for summary judgment [87-1]; Rule 56(F) Decl and showing (el) (Entered: 10/23/2001)

MINUTES: Motion for summary judgment [73-1] & permanent injunction [73-2] motion for sanctions against defense cnsl David Lawrence & his law firm, Franscell, Strickland, Roberts & Lawrence for violation [75-1] motion for summary judgment [87-1]o SHALL BE HEARD ON THE ORIGINAL DATE AT THE NEW TIME 11:00 11/5/01 by Judge Dean D. Pregerson CR: None Present (pj) (Entered: 10/30/2001)

REPLY by defendant Lee Baca to plfs opp to motion to impose rule 11 sanctions [88-1] (pj) (Entered: 10/30/2001)

OBJECTIONS TO PLFS SEPARATE STMT OF GENUINE FACTS IN OPP by defendant Lee Baca to cross motion for summary judgment [87- 1] (pj) (Entered: 10/31/2001)

REPLY TO PLFS OPP TO by defendant Lee Baca cross motion for summary judgment [87-1] (pj) (Entered: 10/31/2001)

MINUTES: Crt hears oral argument & takes the matter UNDER SUBMISSION; motion for summary judgment [73-1] & for permanent injunction [73-2], motion for sanctions against defense cnsl David Lawrence & his law firm, Franscell, Strickland, Roberts & Lawrence for violation [75-1], motion to impose rule 11 sanctions [88-1], motion for summary judgment [87-1] by Judge Dean D. Pregerson CR: Beth Esther Zaccaro (pj) (Entered: 11/06/2001)

ORDER by Judge Dean D. Pregerson granting motion for summary judgment [87-1], the preliminary injuction is thereby moot; The crt denies the plfs motion for summary judgment [73-1]and a premanent injunction [73-2] P SND (ENTER 11/9/01) (yc) (Entered: 11/09/2001)

OBJECTIONS to dfts' proposed judgment filed by plaintiff R Vanke (el) (Entered: 11/21/2001)