Case: Phillip Killgore v. City of South El Monte

2:19-cv-00442 | U.S. District Court for the Central District of California

Filed Date: Jan. 21, 2019

Closed Date: June 16, 2020

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Case Summary

This case involved an alleged unlawful undercover sting operation and separate alleged unlawful search of a massage center. On January 21, 2019, the owner of a massage center filed the initial lawsuit in the United States District Court for the Central District of California against the City of El Monte, the County of Los Angeles, and individual defendants alleged to be employed by the Los Angeles Sheriff's Department, the City of El Monte's public code enforcement division, and the California …

This case involved an alleged unlawful undercover sting operation and separate alleged unlawful search of a massage center. On January 21, 2019, the owner of a massage center filed the initial lawsuit in the United States District Court for the Central District of California against the City of El Monte, the County of Los Angeles, and individual defendants alleged to be employed by the Los Angeles Sheriff's Department, the City of El Monte's public code enforcement division, and the California Highway Patrol under § 1983. Represented by private counsel, the plaintiff alleged that the City violated his federal civil rights under the First Amendment, Fourth Amendment, Fifth Amendment, Eighth Amendment, the substantive and procedural components of the Due Process Clause, and the Equal Protection Clause by searching his massage parlor without a warrant and by an alleged sting operation seeking evidence of illegal prostitution. The plaintiff sought relief under § 1983. The case was assigned to Judge Stephen V. Wilson.

After both the City and County filed motions to dismiss on March 25, 2019, the plaintiff filed a First Amended Complaint that largely mirrored the initial complaint. Following subsequent motions to dismiss, the plaintiff filed a Second Amended Complaint, adding a claim for administrative mandamus under Cal. Code Civ. Proc. § 1094.5. Citing the “closely regulated” industry doctrine and failure to state a claim, the court dismissed the complaint in its entirety, except for the § 1983 claims alleging Fourth and Fifth Amendment violations by the City and County, which were dismissed with leave to amend. The plaintiff then filed a Third Amended Complaint, adding further factual allegations regarding those claims.

On April 24, 2020, the court granted the motions to dismiss with prejudice filed by the City and City Individual Defendants, finding that the massage center was closely regulated and fell into the warrant exception. However, on the same date, the court denied the County and County Individual Defendant's motion to dismiss. The court also bifurcated proceedings, separating the Fourth Amendment § 1983 violation against Officer Furuyama and any other County Individual Defendants involved in the search pursuant to the anticipatory search warrant from the Monell liability issues against the County, and set a trial date of September 1, 2020. 

Soon after, the plaintiff appealed the motion to dismiss granted to the City to the United States Court of Appeals for the Ninth Circuit. 

On July 8, 2021, the United States Court of Appeals for the Ninth Circuit affirmed the lower court’s decision to dismiss the plaintiff’s claims of violations of his First, Fourth, Fifth, and Fourteenth Amendment rights for failure to state a claim under § 1983. The Ninth Circuit affirmed that the warrantless search of the massage center came within the exception to the warrant requirement for “closely regulated” businesses. The court found that the California massage industry is pervasively regulated and as such, the owner enjoys a lower expectation of privacy, citing California state appellate precedent. 

 

 

Summary Authors

Ruby Napora (3/10/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14983715/parties/phillip-killgore-v-city-of-south-el-monte/


Judge(s)

Wilson, Stephen Victor (California)

Attorney for Plaintiff

Weiser, Frank A (California)

Attorney for Defendant

Keuper, Janet L (California)

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14983715/phillip-killgore-v-city-of-south-el-monte/

Last updated June 19, 2025, 12:33 a.m.

ECF Number Description Date Link Date / Link
7

MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Stephen V. Wilson. (Show Cause Response due by 5/7/2019.) (mrgo) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
8

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
9

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
10

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
11

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
12

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
13

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
14

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
15

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
16

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
17

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
18

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
19

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
20

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
21

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
22

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
23

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
24

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
25

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
26

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
27

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
28

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
29

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 3, Notice of Assignment to United States Judges(CV-18) - optional html form 4, Complaint (Attorney Civil Case Opening) 1, Certificate/Notice of Interested Parties 2, Initial Order upon Filing of Complaint - form only 6 filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
30

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant G. Furuyama. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
31

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant B. Hall. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
32

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant C. Sciacca. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
33

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant M. Olmedo. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
34

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant G. Lukehart. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
35

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant C. Preston. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
36

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant D. Fender. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
37

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant M. Vega. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
38

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant M. Van Dine. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
39

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendant R. Catano. (mrgo) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
58

RESPONSE filed by Plaintiff Phillip Killgoreto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines 7 Response to Order to Show Cause Re: Dismissal; Declaration of Frank A. Weiser in Support Thereof (Weiser, Frank) (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

PACER

Text Only Scheduling Notice

May 7, 2019

May 7, 2019

PACER
63

NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(B)(6) filed by DEFENDANT County of Los Angeles. Motion set for hearing on 7/22/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Keuper, Janet) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
64

NOTICE OF MOTION AND MOTION to Dismiss the Complaint for Damages and Injunctive and Declaratory Relief filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. Motion set for hearing on 7/22/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Declaration Declaration of Marvin E. Bonilla in Support of Motion to Dismiss Filed by Defendants, # 2 Proposed Order Proposed Order on Motion to Dismiss Filed by Defendants) (Bonilla, Marvin) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
65

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss the Complaint for Damages and Injunctive and Declaratory Relief 64 filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. (Bonilla, Marvin) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
68

NOTICE OF APPEARANCE OR WITHDRAWAL OF COUNSEL filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres (Giovinco, Ginetta) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER

Text Only Scheduling Notice

July 11, 2019

July 11, 2019

PACER
72

NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT filed by DEFENDANT County of Los Angeles. Motion set for hearing on 8/19/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Keuper, Janet) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
73

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. Motion set for hearing on 8/12/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Declaration Declaration of Marvin E. Bonilla in Support of Motion to Dismiss First Amended Complaint, # 2 Proposed Order Proposed Order on Motion to Dismiss First Amended Complaint) (Bonilla, Marvin) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
74

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 73 filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. (Bonilla, Marvin) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER

Text Only Scheduling Notice

July 16, 2019

July 16, 2019

PACER
76

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 73 Opposition to City of South El Monte and Individual Defendants' Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
77

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 72 Opposition to County of Los Angeles' Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
78

REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 72 filed by Defendant County of Los Angeles. (Keuper, Janet) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
79

REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 72 filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. (Bonilla, Marvin) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
80

MINUTES OF Motion Hearing held before Judge Stephen V. Wilson: 72 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 73 MOTION to Dismiss First Amended Complaint. The Court grants leave to amend the complaint within 20 days. Court Reporter: Lisa Gonzalez. (twdb) (Entered: 08/20/2019)

Aug. 19, 2019

Aug. 19, 2019

PACER
81

SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition 67, filed by Plaintiff Phillip Killgore(Weiser, Frank) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
82

REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla filed by Defendant O. Garcia. (Attorney Stephen R Onstot added to party O. Garcia(pty:dft)) (Onstot, Stephen) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
83

REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla filed by Defendant V. Pena. (Attorney Stephen R Onstot added to party V. Pena(pty:dft)) (Onstot, Stephen) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
84

REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla filed by Defendant A. Torres. (Attorney Stephen R Onstot added to party A. Torres(pty:dft)) (Onstot, Stephen) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
85

REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla filed by Defendant City of South El Monte. (Attorney Stephen R Onstot added to party City of South El Monte(pty:dft)) (Onstot, Stephen) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
86

REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla filed by Defendant J. Martinez. (Attorney Stephen R Onstot added to party J. Martinez(pty:dft)) (Onstot, Stephen) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
87

NOTICE OF LODGING filed re REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla 82 (Attachments: # 1 Proposed Order O. Garcia)(Onstot, Stephen) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
88

NOTICE OF LODGING filed re REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla 83 (Attachments: # 1 Proposed Order V. Pena)(Onstot, Stephen) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
89

NOTICE OF LODGING filed re REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla 84 (Attachments: # 1 Proposed Order A. Torres)(Onstot, Stephen) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
90

NOTICE OF LODGING filed re REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla 85 (Attachments: # 1 Proposed Order CIty of South El Monte)(Onstot, Stephen) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
91

NOTICE OF LODGING filed re REQUEST TO SUBSTITUTE ATTORNEY Stephen R. Onstot in place of attorney Marvin E. Bonilla 86 (Attachments: # 1 Proposed Order J. Martinez)(Onstot, Stephen) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
92

NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. Motion set for hearing on 10/28/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Stephen R. Onstot, # 3 Proposed Order) (Onstot, Stephen) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
93

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 92 filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Onstot, Stephen) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
94

NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT filed by DEFENDANT County of Los Angeles. Motion set for hearing on 10/28/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Proposed Order) (Keuper, Janet) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
95

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT 94 filed by Defendant County of Los Angeles. (Attachments: # 1 Exhibit A)(Keuper, Janet) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
96

ORDER by Judge Stephen V. Wilson: granting 82 Request to Substitute Attorney. Anthony R. Taylor is substituted in place of attorney Marvin E. Bonilla for Defendant O. Garcia. Added attorney Anthony R Taylor for O. Garcia. Attorney Marvin Edgardo Bonilla and Ginetta L Giovinco terminated. (mrgo) (Entered: 09/27/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
97

ORDER by Judge Stephen V. Wilson: granting 83 Request to Substitute Attorney. Anthony R. Taylor is substituted in place of attorney Marvin E. Bonilla for Defendant V. Pena. Added attorney Anthony R Taylor for V. Pena. Attorney Marvin Edgardo Bonilla and Ginetta L Giovinco terminated. (mrgo) (Entered: 09/27/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
98

ORDER by Judge Stephen V. Wilson: granting 84 Request to Substitute Attorney. Anthony R. Taylor substituted in place of attorney Marvin E. Bonilla for Defendant A. Torres. Added attorney Anthony R Taylor for A. Torres. Attorney Marvin Edgardo Bonilla and Ginetta L Giovinco terminated. (mrgo) (Entered: 09/27/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
99

ORDER by Judge Stephen V. Wilson: granting 85 Request to Substitute Attorney. Anthony R. Taylor is substituted in place of attorney Marvin E. Bonilla for Defendant City of South El Monte. Added attorney Anthony R Taylor for City of South El Monte. Attorney Marvin Edgardo Bonilla and Ginetta L Giovinco terminated. (mrgo) (Entered: 09/27/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
100

ORDER by Judge Stephen V. Wilson: granting 86 Request to Substitute Attorney. Anthony R. Taylor is substituted in place of attorney Marvin E. Bonilla for Defendant J. Martinez. Added attorney Anthony R Taylor for J. Martinez. Attorney Marvin Edgardo Bonilla and Ginetta L Giovinco terminated. (mrgo) (Entered: 09/27/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
101

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 92 Opposition to Motion to Dismiss Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
102

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT 94 Opposition to County of Los Angeles' Motion to Dismiss Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
103

NOTICE OF NON-OPPOSITION TO REQUEST FOR JUDICIAL NOTICE FILED BY THE COUNTY OF LOS ANGELES IN SUPPORT OF ITS MOTION TO DISMISS SECOND AMENDED COMPLAINT re NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT 94 filed by Defendant County of Los Angeles. (Keuper, Janet) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
104

REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT 94 filed by Defendant County of Los Angeles. (Keuper, Janet) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
105

REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 92 filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. (Onstot, Stephen) (Entered: 10/14/2019)

Oct. 14, 2019

Oct. 14, 2019

PACER
106

IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: MOTION to Dismiss Second Amended Complaint filed by Defendants 92 and MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT filed by DEFENDANT County of Los Angeles 94 - The motions are submitted. Order to issue. The hearing previously scheduled for 10/28/2019 at 1:30 PM is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER

Text Only Scheduling Notice

Oct. 23, 2019

Oct. 23, 2019

PACER
107

MINUTE ORDER (IN CHAMBERS) GRANTING MOTIONS TO DISMISS IN KILLGORE 92, 94 AND GRANTING MOTIONS TO DISMISS IN ZHU 31, 33 by Judge Stephen V. Wilson re: 92 MOTION to Dismiss; 94 MOTION to Dismiss. (See document for details) (mrgo) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
108

THIRD AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition 81, filed by Plaintiff Phillip Killgore(Weiser, Frank) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
109

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. Motion set for hearing on 2/24/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Jamie L. Traxler, # 3 Proposed Order) (Onstot, Stephen) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
110

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case 109 filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Onstot, Stephen) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
111

NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT filed by DEFENDANT County of Los Angeles. Motion set for hearing on 2/24/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: # 1 Proposed Order) (Keuper, Janet) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
112

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT 111 filed by Defendant County of Los Angeles. (Attachments: # 1 Exhibit A)(Keuper, Janet) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
113

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case 109 Opposition to City of South El Monte and Individual Defendants Motion to Dismiss Third Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

PACER
114

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT 111 Opposition to County of Los Angeles' Motion to Dismiss Third Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Phillip Killgore. (Weiser, Frank) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

PACER
115

REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss Case 109 filed by Defendants City of South El Monte, O. Garcia, J. Martinez, V. Pena, A. Torres. (Onstot, Stephen) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
116

REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT 111 filed by Defendant County of Los Angeles. (Attachments: # 1 NOTICE OF NON-OPPOSITION TO REQUEST FOR JUDICIAL NOTICE FILED BY THE COUNTY OF LOS ANGELES IN SUPPORT OF ITS MOTION TO DISMISS THIRD AMENDED COMPLAINT)(Keuper, Janet) (Entered: 02/07/2020)

Feb. 7, 2020

Feb. 7, 2020

PACER
117

MINUTES OF 109 MOTION to Dismiss Case filed by Defendants; 111 MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT filed by DEFENDANT County of Los Angeles ; 44 MOTION to Dismiss Case filed by Defendants; 46 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT filed by DEFENDANT County of Los Angeles Hearing held before Judge Stephen V. Wilson. The defendant is ordered to serve plaintiff and the Court with a copy of the recording. Court Reporter: Katherine Stride. (mrgo) (Entered: 02/27/2020)

Feb. 24, 2020

Feb. 24, 2020

PACER
118

NOTICE OF LODGING filed re Motion Hearing,, 117 (Attachments: # 1 Exhibit A TO NOTICE OF LODGING, # 2 Exhibit B TO NOTICE OF LODGING)(Keuper, Janet) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
119

MINUTES (IN CHAMBERS); ORDER GRANTING MOTION TO DISMISS BY THE CITY AND CITY INDIVIDUAL DEFENDANTS 109 AND DENYING MOTION TO DISMISS BY THE COUNTY AND COUNTY INDIVIDUAL DEFENDANTS 111 by Judge Stephen V. Wilson. See minute order for details. (lom) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
120

CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. (pc) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
121

Joint STIPULATION to Dismiss Case pursuant to FRCP Rule 41(a)(1)(A)(ii) filed by DEFENDANT County of Los Angeles. (Attachments: # 1 Proposed Order on Joint Stipulation to Dismiss With Prejudice Plaintiff's Claims Against Remaining Defendants)(Keuper, Janet) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
122

ORDER ON JOINT STIPULATION TO DISMISS WITH PREJUDICE PLAINTIFF'S CLAIMS AGAINST REMAINING DEFENDANTS 121 by Judge Stephen V. Wilson. This action is hereby dismissed with prejudice. (Made JS-6. Case Terminated.) (lom) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
123

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Phillip Killgore. Appeal of Order on Motion to Dismiss Case,,, 119 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-26967522.) (Weiser, Frank) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
124

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55666 assigned to Notice of Appeal to 9th Circuit Court of Appeals 123 as to plaintiff Phillip Killgore. (mrgo) (Entered: 07/01/2020)

June 30, 2020

June 30, 2020

PACER
125

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55666 assigned to Notice of Appeal to 9th Circuit Court of Appeals 123 as to plaintiff Phillip Killgore. (mrgo) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
126

OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 123 filed by Phillip Killgore. CCA # 20-55666. The decision of the district court is AFFIRMED. (mrgo) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
127

MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 123 filed by Phillip Killgore. CCA # 20-55666. The decision of the district court is AFFIRMED. (mrgo) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
128

USCA Memorandum/Opinion/Order

Sept. 7, 2021

Sept. 7, 2021

PACER
129

USCA Mandate

Oct. 28, 2021

Oct. 28, 2021

PACER

Case Details