Case: Latin American Law Enforcement Association v. City of Los Angeles

U.S. Court of Appeals for the Ninth Circuit

No Court

STIPULATION and ORDER by Judge A. W. Tashima withdrawing attorney Theresa Fay−Bustillos & the Mexican American Legal Defense & Education Fund for Latin Ameri Law and Enforcement Associations substituting attorney Stephen H Silver, Susan Silver, Devonne L Midson, Elizabeth Silver Tourgeman of the Law Firm of Silver, Hadden & Silver ; decls of Stephen H Silver & Devonne L Midson in suppt (SEND) (ir) (Entered: 10/04/2000)

FOR ALL PREVIOUS DOCKETING, REFER TO THE PAPER DOCKET (ir) (Entered: 10/04/2000)

MEMORANDUM OF P/A IN SUPPORT by plaintiff Latin Ameri Law of motion for enforcement of the Ord of the Crt−appointed monitor under consent decree [18−1] (rrey) (Entered: 04/01/2002)

DECLARATION of Susan Silver by plaintiff Latin Ameri Law in suppt of motion for enforcement of the Ord of the Crt−appointed monitor under consent decree [18−1] (rrey) (Entered: 04/01/2002)

ORIG PROOF OF SERVICE by plaintiff Latin Ameri Law on 3/29/02 of propsd ord on mot for enforcement (rrey) (Entered: 04/01/2002)

NOTICE OF REASSIGNMENT OF CASE DUE TO UNAVAILABILITY OF JUDICIAL OFFICER: The District Judge to whom this cs was previously assigned is no longer available. Purs to the directive of the Chief US District Judge and in accordance w/ the rules of this Court, this cs has been reassigned to Judge Margaret M. Morrow for all further proceedings. Case now reads as CV 92−1898 MMM. (rn) (Entered: 04/02/2002)

NOTICE by plaintiff Latin Ameri Law of ord re attys fees (rrey) (Entered: 04/04/2002)

ORIGINAL PROOFS OF SERVICE by plaintiff on 4/2/02 of ntc of mot & mot for enforcement of the ord of the Crt−appointed monitor under consent decree (see doc for fur details) (rrey) (Entered: 04/05/2002)

MINUTES: (In Chambers) The Crt directs the ptys to file a Joint Rpt not to exceed 5 pgs explaining the history of the case; the current status of the case; & the nature of the current dispute on or bef 5/23/02 by Judge Margaret M. Morrow CR: N/A (rrey) (Entered: 05/15/2002)

JOINT REPORT filed purs to the Minute Order dated 5/13/02. (nhac) (Entered: 05/24/2002)

NOTICE by defendant Los Angeles City of of related case(s) LA Superior Court case no. BC 273587 & BC 260644 (rn) (Entered: 09/17/2002)

MINUTES: The court continues the briefing shcedule set forth in the 10/21/02 minute order as follows: Counsel for the individual officers, as well as class counsel, are instructed to submit their briefs to the court by 12/2/02, replacing the previous date of 11/12/02. Counsel for defendants are instructed to submit their reply briefs to the court by 12/23/02, replacing the previous date of 12/2/02 by Judge Margaret M. Morrow CR: N/A (bg) (Entered: 11/01/2002)

REQUEST filed by plaintiff Latin Ameri Law to render decision on plaintiffs motion filed 3/29/02 (rrey) (Entered: 12/04/2002)

MINUTES: setting hearing on motion for enforcement of the Ord of the Crt−appointed monitor under consent decree [18−1] 10:00 2/24/03; the City is directed to file opposition to plaintiffs motion addressing inter alia these same points not to exceed 40 pages by 1/27/03; all positions asserted should be supported by citation to legal authority; plaintiff may submit a reply of the length permitted by the LR on or before 2/3/03 by Judge Margaret M. Morrow CR: N/A (rrey) (Entered: 12/23/2002)

AMENDED NOTICE OF motion for enforcement of the Ord of the Crt−appointed monitor under consent decree [18−1] filed by plaintiff Latin Ameri Law (rrey) (Entered: 12/27/2002)

STIPULATION and ORDER by Judge Margaret M. Morrow for withdrawal and substitution of class counsel for plaintiff Korean American Law Enforcement Association as class representative for the subclass of Asian American Los Angeles Police Department Sworn Officers (rrey) (Entered: 01/28/2003)

ATTORNEY SUBSTITUTION: terminating Asian Pacific American Legal Center by movant Law Enforcement Asso and substituting attorney Walter Cochran−Bond by Judge Margaret M. Morrow (bg) (Entered: 01/30/2003)

REPLY by plaintiff Latin Ameri Law to memo of p/a of the City of Los Angeles in opp to motion for enforcement of the Ord of the Crt−appointed monitor under consent decree [18−1]; decl of Dean Weinreich (rrey) (Entered: 02/05/2003)

OPPOSITION by plaintiff Latin Ameri Law to motion for enforcement of the Ord of the Crt−appointed monitor under consent decree [18−1] (rrey) (Entered: 02/06/2003)

ORDER by Judge Margaret M. Morrow that the application for additional time to file opposition papers is granted and defendant City of Los Angeles shall have up to and including February 7, 2003 in which to file said opposition papers. Plaintiff shall file reply brief on or before february 14, 2003 (bg) (Entered: 02/07/2003)

Memorandum of Points and Authorities in OPPOSITION by defendant Los Angeles City of to motion for enforcement of the Ord of the Crt−appointed monitor under consent decree [18−1] (bg) (Entered: 02/07/2003)

REPLY to second memorandum of points and authorities in opposition by plaintiff Latin Ameri Law to motion for enforcement of the Ord of the Crt−appointed monitor under consent decree [18−1] (bg) (Entered: 02/18/2003)

EX PARTE REQUEST filed by plaintiff Latin Ameri Law for reconsideration of order granting defendant's post hoc ex parte application for additional time to file opposition (bg) (Entered: 02/18/2003)

OBJECTION AND MOTION TO STRIKE by defendant Los Angeles City of re ex parte application for reconsideration of order granting defendant's post hoc ex parte application for additional time to file opposition [40−1] (bg) (Entered: 02/20/2003)

MINUTES: resetting hearing on motion for enforcement of the Ord of the Crt−appointed monitor under consent decree [18−1] 9:30 2/26/03 by Judge Margaret M. Morrow CR: None (bg) (Entered: 02/21/2003)

Notice of partial resolution of issues by defendant Los Angeles City of to motion for enforcement of the Ord of the Crt−appointed monitor under consent decree [18−1] (bg) (Entered: 02/25/2003)

OBJECTIONS and motion to strike plaintiff Asian American Subclass's memorandum of points and authorities, etc filed by defendant Los Angeles City of (bg) (Entered: 02/25/2003)

OBJECTIONS and Motion to strike plaintiff John Hunter's Notice regarding significance of authority of special master etc filed by defendant Los Angeles City of to (bg) (Entered: 02/27/2003)

NOTICE of lodging of court ordered deposition transcripts of Commander David J Kalish and Frank Piersol by movant Law Enforcement Asso (bg) (Entered: 02/28/2003)

LODGED Two deposition transcripts submitted by movant Law Enforcement Asso (FWD TO CRD) (bg) (Entered: 02/28/2003)

PLACED IN FILE − NOT USED proposed order in motion for enforcemetn of the order of the Court−appointed monitor under the consent decree (el) (Entered: 03/13/2003)

MINUTES: Order to show cause further hearing set for 10:00 4/28/03 ; Counsel for each of the plaintiff classes may file brief setting forth his or her clients' position, if any, regarding the current application on or before 4/14/03. Such briefs may not exceed 10 pages. The intervening class members and the City may file replies to any briefs that are filed on or before 4/21/03. Their briefs too may not exceed 10 pages by Judge Margaret M. Morrow CR: N/A (pj) (Entered: 04/03/2003)

EX PARTE APPLICATION filed by plaintiff Latin Ameri Law Enforcement Association for extension of deadline, from 4/14/03 to 5/5/03, for the parties to submit their joint report for proposing modications to the Supervisory Cross Training Program

MINUTES: Order granting plaintiffs' ex parte application to continue hearing on order to show cause re contempt and setting date for the filing of plaintiffs' reply order to show cause hearing set for 10:00 6/9/03 by Judge Margaret M. Morrow CR: None (bg) (Entered: 04/25/2003)

NOTICE OF ERRATA by defendant Los Angeles City of correcting reply [49−1] (bg) (Entered: 04/30/2003)

JOINT PROPOSAL for modification of the supervisory cross−training program under the Hunter−LA Ley consent decree (jp) (Entered: 05/07/2003)

NOTICE of change of attorney information by plaintiff (bg) (Entered: 05/14/2003)

MINUTES: Order directing parties to submit proposed modification of portions of Consent Decree governing Supervisory Cross−Training Program. The parties are instructed to file the proposed modification of the consent decree for the court's consideration and signature on or before June 20, 2003 by Judge Margaret M. Morrow CR: None (bg) (Entered: 05/29/2003)

PLACED IN FILE − NOT USED stipulation re proceedings on plaintiff's claim for attorneys' fees and costs; order thereon (bg) (Entered: 06/03/2003)

MINUTES: Plaintiffs have had ample opportunity to pursue and present evidence in support of their application, and they have failed to demonstrate that the testimony they seek to present concerns disputed issues of fact that have been properly raised in declarations or documentary evidence on file with the court. Accordingly, the court denies plaintiffs' request to present witness testimony at the hearing on June 9, 2003. Because it has determined that plaintiffs' attempt to conduct discovery at this stage is untimely, and becuase it has denied plaintiffs' request to present witnesses at the hearing, the court grants the City's ex parte application to quash the subpoenas. Plaintiffs may, however, file declarations from the three intervening plaintiffs who have yet to provide a declaration −Richard Abad, Christopher Montoya and Isais Ornelas − on or before June 4, 2003 by Judge Margaret M. Morrow CR: N/A (bg) (Entered: 06/04/2003)

MINUTES: Motion to Enforce Consent Decree is submitted. The City is directed to file copies of all documents that reflect certification of candidates during the life of the 2000−2002 sergeant I promotion eligibility list (see document for futher details) by Judge Margaret M. Morrow CR: David Salyer (bg) (Entered: 06/10/2003)

EX PARTE APPLICATION filed by plaintiff Latin Ameri Law request for clarification of order directing parties to submit proposed modification of protions of consent decree re: supervisory cross−training program Lodged proposed order (bg) (Entered: 06/12/2003)

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 6/9/03 (Re: ) CR: David A. Salyer. (see CV−92−1897−MMM) (ghap) (Entered: 06/16/2003)

NOTICE TO COURT Re Request to be Included in Court's decision Re Intervenin Plaintiff's Motion to Enforce Consent Decree by plaintiff Latin Ameri Law (yl) (Entered: 07/01/2003)

NOTICE to court re Request to be included in court's decision re Interventing Plaintiffs' motion to enforce consent decree by plaintiff Latin Ameri Law (bg) (Entered: 07/21/2003)

MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION by defendant Los Angeles City of to ex parte application request for clarification of order directing parties to submit proposed modification of protions of consent decree re: supervisory cross−training program [57−1] (bg) (Entered: 07/28/2003)

MINUTES: GRANT in part DENY in part ex parte application request for clarification of order directing parties to submit proposed modification of protions of consent decree re: supervisory cross−training program [57−1] The parties are directed to lodge a final order modifying the consent decree for the court's signature on or before August 25, 2003 by Judge Margaret M. Morrow CR: N/A (bg) (Entered: 08/07/2003)

REPLY by plaintiff Latin Ameri Law to opposition to ex parte application request for clarification of order directing parties to submit proposed modification of protions of consent decree re: supervisory cross−training program [57−1] (bg) (Entered: 08/07/2003)

MINUTES: Order appointing Richard A Rothschild as Special Master to determine LaLey's attorenys' fees in connection with contempt motion pursuant to Consent Decree. The parties are directed to contact Mr Rothschild within ten days to establish an appropriate briefing schedule and hearing date by Judge Margaret M. Morrow CR: N/A (bg) (Entered: 08/07/2003)

PLACED IN FILE − NOT USED proposed order on plaintiffs' joint ex parte request for clarification of order directing parties to submit proposed modification of portions of consent decree re supervisory cross−training program (bg) (Entered: 08/07/2003)

ORDER by Judge Margaret M. Morrow granting motion for enforcement of the Ord of the Crt−appointed monitor under consent decree [18−1] For the reasons stated, the court finds that the City violated its obligations under paragraphs 26, 27 and 36 in connection with its administration of the 2000−2002 Promotion List for the position of Sergeant I. Because the record is not adequate to permit the framing of an appropriate remedial order, the court refers the matter to Judge dash to oversee a period of limited discovery on the issue of the appropriate remedy that should be ordered. Once Judge Dash has issued his order, any party dissatisified with it may seek to review in this court. The record for any such proceeding will be limited to the matters placed in evidence before Judge Dash (bg) (Entered: 08/12/2003)

MINUTES: In their opposition, the intervening plaintiffs request leave tof ile additional briefing if the Court determines tha the issues presented by Defendant are appropriate for ruling on an ex parte basis. The City's letter sufficiently identifies the issues actually raised in the ex parte application, and the intervening plaintiffs sufficiently addressed those issues in their opposition to the application. The Court is therefore not in need of additional briefing, and the intervening plaintiffs' request for leave to file such briefing is denied; granting ex parte appliation for order striking Intervenors' motion for atorneys fees, finding the ex parte application for order staying proceedings on said motion moot. denying ex parte application for order extending appeal period on motion to the court to re−tax costs until five days after the court has made a determination as to intervening plaintiffs' motion for attorney's fees or in the alternative, intervening plaintiffs' motion to retax costs under Local Rule 54−9; striking motion for award of attorney fees and expenses by Judge Margaret M. Morrow CR: N/A (bg) (Entered: 10/03/2003)

MINUTES: Order clarifying authority of Special Master. Accordingly, the ocurt clarifies it direction to Special Master Rothschild to indicate that he may consider any request by LaLey for fees incurred in "monitoring and implementation" of the consent decree that led to the filing of the contempt motion. The court expresses no opinion as to whether such fees should be awarded, or on any aspect of the merits of LaLey's request by Judge Margaret M. Morrow CR: N/A (bg) (Entered: 10/17/2003)

MINUTES OF IN CHAMBERS ORDER REGARDING PAYMENT For Monitoring by Judge Margaret M. Morrow : On 87/25/1992, Judge Tashima entered a judgment and order approving a consent decree between plaintiffs and defendant City of Los Angeles. In 7/2002, several members of the plaintiff class filed a motion alleging that the City had violated the provisions of the consent decree. (See Minute Order for further details) For the foregoign reasons, the court finds that the City is responsible for the payment of any fees associated with proceedings before Judge Dash that are required to by the court's 8/12/2003 order. (yl, ) (Entered: 01/31/2005)

MINUTES: Order Re: ex parte application for order (1)extending time in which to file reply papers in support of motion for reconsideration and (2) continuance of hearing date. Having reviewed the City's application and the intervening plaintiffs' opposition, the court extends the time by which the City must file any reply in support of its motion for reconsideratrion to Wednesday, November 19, 2003. It requests that counsel deliver a conformed courtesy copy to chambers in the Roybal Building on the day of filing. The court denies the City's request to continue the hearing on its motion to a later date. by Judge Margaret M. Morrow CR: N/A (bg) (Entered: 11/17/2003)

PLACED IN FILE − NOT USED proposed order (bg) (Entered: 12/03/2003)

ORDER by Judge Margaret M. Morrow denying defendant City of Los Angeles MOTION for reconsideration or alternatively clarification of 8/12/03 order.(bg, ) (Entered: 07/08/2004)

MINUTES OF Proceedings: Order by Judge Margaret M Morrow denying Motion for Reconsideration. Because plaintiffs presented no additional authorities, evidence or written argument regarding the issue, the record necessary to decide the point remains undeveloped. Accordingly, the court declines to reconsider this aspect of its 8/12/03, order before referring the matter to Judge Dash. Accordingly, the court refers the matter to Judge Dash to conduct the proceedings outlined in the 8/12/03, order, and to recommed an appropriate remedy. Court Reporter: Not Present. (bg, ) (Entered: 07/09/2004)

STIPULATION AND ORDER by Judge Margaret M. Morrow that The Oscar Joel Bryant Foundation is hereby certified as representative plaintiff for the African American Plaintiff Class in this action. (jp, ) (Entered: 12/01/2004)

STIPULATION AND ORDER by Judge Margaret M. Morrow that the Court extends the time for Judge Dash to issue a remedial order from November 1, 2004 to April 15, 2005. (jp, ) (Entered: 12/01/2004)

MINUTES OF IN CHAMBERS ORDER by Judge Margaret M. Morrow : On 9/23/2003, the parties filed a joint request for an order clarifying which of them was responsible for paying Judge Dash's fees and expenses. The Court prepared a minute order dated 11/4/2003. In response to this request. Based upon statements in a recent filing by the parties, it appears that the 11/2003 minute order was never processed and filed. Accordingly, the court directs that it be filed and mailed to the parties forthwith. (yl, ) (Entered: 01/31/2005)

NOTICE of Proposed Settlement Ratification filed by Plaintiffs Latin American Law Enforcement Association. (pbap, ) (Entered: 10/20/2005)

NOTICE of Change of Address by Walter Cochran−Bond attorney for Movant Law Enfrocement Association of Asian Pacifics, changing address, telephone and facsimile number to 87 North Raymond Avenue Suite 300, Pasadena, California 91103, Telphone number: 626−689−4555 and fax number 626−689−4556. Filed by Movant Law Enfrocement Association of Asian Pacifics. (et) (Entered: 01/16/2008)

FAX number for Attorney Walter Cochran−Bond is 626−689−4556. (et) (Entered: 01/16/2008)

IT IS HEREBY ORDERED that termination date for the Consent Decree be extended from August 26, 2009, until December 31, 2009 by Judge Margaret M. Morrow, (bp) (Entered: 07/15/2009)

NOTICE of Change of Attorney Information for attorney Beth D Orellana counsel for Defendant City of Los Angeles. Adding Beth D. Orellana as attorney as counsel of record for City of Los Angeles for the reason indicated in the G−06 Notice. Filed by defendant Beth D. Orellana (Orellana, Beth) (Entered: 08/19/2009)

Order extending termination date for consent decree as to plaintiff Latin American Law Enforcement Association, plaintiff African American Class and Defendant City of Los Angeles to February 1, 2010 (kr) (Entered: 12/31/2009)

IT IS HEREBY ORDERED that the termination date for the Consent Decree is extended from February 1, 2010 to March 22, 2010. IT IS FURTHER ORDERED that Defendant City of Los Angeles' opposition papers to Plaintiff Latin American Law Enforcement Association's Motion to Extend the Consent Decree be due on or before February 8, 2010, and that Plaintiff Latin American Law Enforcement Associations reply papers be due on or before February 22, 2010 and that the hearing is continued from February 1, 2010 to March 22, 2010 at 10:00 a.m. (bp) (Entered: 01/21/2010)

MINUTES OF PLAINTIFF LATIN AMERICAN LAW ENFORCEMENT ASSOCIATION'S MOTION TO EXTEND HUNTER/LALEY CONSENT DECREE AS TO HISPANIC PLAINTIFF CLASS 270 held before Judge Margaret M. Morrow: The court having carefully considered the papers and evidence submitted by the parties, and having heard the oral argument of counsel, takes the matter under submission. A final order will be issued.Court Reporter: Mark Schweitzer. (bp) (Entered: 03/22/2010)

FINAL ORDER by Judge Margaret M. Morrow: denying 270 Motion for further extension of the consent decree. The terms of the consent decree will cease to be enforceable against the City after 11:59 p.m. on March 22, 2010. The court notes that paragraph 38 of the decree requires that the court retain jurisdiction over the consent decree until such time as the City files and the court grants a petition for relief. The court agrees with the City that because the decree will expire by its own terms, it is unclear what paragraph 38 means when it states that the court shall retain jurisdiction overthe consent decree until the Citys final petition for relief has been granted. Because, as amended by Judge Tashima, paragraph 38 has an uncertain meaning, and in order to avoid any appellate issues, the court directs the City to prepare and file such a final petition for relief from the consentdecree no later than March 29, 2010. The petition shall be accompanied by a proposed order. (rrey) (Entered: 03/22/2010)

NOTICE of Change of Attorney Information for attorney Beth D Orellana counsel for Defendant City of Los Angeles. Adding BETH D. CORRIEA as attorney as counsel of record for DEFENDANT for the reason indicated in the G−06 Notice. Filed by DEFENDANT CITY OF LOS ANGELES (Orellana, Beth) (Entered: 10/29/2010)

ORDER RE DEFENDANT CITY OF LOS ANGELES' PETITION FOR RELIEF FROM THE CONSENT DECREE AND AGREEMENT by Judge Margaret M. Morrow. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Consent Decree and Agreement is terminated and that Defendant City of Los Angeles is hereby relieved of any and all duties, obligations and/or responsibilities under the terms of the Consent Decree and Agreement entered in this action. IT IS FURTHER ORDERED that this action is DISMISSED WITH PREJUDICE and that the Court's jurisdiction is terminated. (bp) (Entered: 01/24/2013)