Case: Holguin v. County of Los Angeles

2:10-cv-08011 | U.S. District Court for the Central District of California

Filed Date: Oct. 25, 2010

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On October 25, 2010, an inmate at the LA County Men's Central Jail filed this lawsuit in the U.S. District Court for the Central District of California. The plaintiff sued Los Angeles County under 42 U.S.C. §1983. Represented by private counsel, he sought damages for alleged violations of the Fourth Amendment to the U.S. Constitution, as well as California state law. Specifically, the plaintiff claimed that sheriff deputies used excessive force when the deputies beat him while he was handcuffed…

On October 25, 2010, an inmate at the LA County Men's Central Jail filed this lawsuit in the U.S. District Court for the Central District of California. The plaintiff sued Los Angeles County under 42 U.S.C. §1983. Represented by private counsel, he sought damages for alleged violations of the Fourth Amendment to the U.S. Constitution, as well as California state law. Specifically, the plaintiff claimed that sheriff deputies used excessive force when the deputies beat him while he was handcuffed. The unprovoked attack caused severe injuries.

On May 23, 2011, Magistrate Judge Paul L. Abrams issued an order compelling the disclosure of some discovery material requested by the plaintiff but also denying portions of the request.

On October 12, 2011, Magistrate Abrams granted the defendants' motion for a protective to stop the deposition of one party witness and one nonparty witness, but did denied the defendants' motion for two other nonparty witnesses. 2011 WL 7128640 (C.D. Cal. Oct. 12, 2011).

On December 15, 2011, the defendants filed a motion for summary judgment on twelve separate grounds, including that all of the defendants were entitled to qualified immunity. On February 23, 2012, Judge George H. Wu circulated a tentative ruling denying in part and granting in part the motion for summary judgement. Judge Wu allowed the parties to file three-page briefs regarding the points raised in the tentative ruling. In particular, Judge Wu denied the defendants qualified immunity. On April 12, 2012, Judge Wu issued a final ruling granting in part and denying in part the motion for summary judgment, including denying qualified immunity.

On May 9, 2012, defendants filed an interlocutory appeal of the denial of qualified immunity in the tentative rulings filed in February and March, 2012. On June 29, 2012, the parties agreed to a stipulated stay pending the appeal, and on July 6, 2012, Judge Wu granted the stay.

While the appeal was pending, the parties settled the case and agreed to dismiss the case with prejudice on April 1, 2013. The LA County Sheriff's Department agreed to pay $475,000. The settlement has not been made public. The Ninth Circuit dismissed the case because the settlement mooted the appeal. On April 3, 2013, the district court dismissed the case with prejudice.

In December 2013, one of the deputies (Deputy Fernando Luviano) who beat the plaintiff was included in a group of 18 L.A. County Sheriff's Department employees federally indicted in criminal cases alleging various types of misconduct, including abusing inmates and visitors and trying to intimidate a federal agent. (He was not indicted for this incident but for other later incidents of abuse.) The L.A. Times reports that he was convicted and sentenced to seven years in prison.

Summary Authors

Jessica Kincaid (1/6/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4146311/parties/michael-holguin-v-county-of-los-angeles/


Judge(s)
Attorney for Plaintiff

Ellis, Lincoln Wolf (California)

Keeny, Christy Virginia (California)

Attorney for Defendant

Allen, Matthew Philip (California)

Gonzales, Dennis Michael (California)

Kim, Christopher Taewoo (California)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:10-cv-08011

12-55876

Docket [PACER]

April 3, 2013

April 3, 2013

Docket
1

2:10-cv-08011

Complaint for Damages

Oct. 25, 2010

Oct. 25, 2010

Complaint
21

2:10-cv-08011

First Amended Complaint for Damages

Feb. 9, 2011

Feb. 9, 2011

Complaint
34

2:10-cv-08011

Order Re: Plaintiff's Motion to Compel Discovery

May 23, 2011

May 23, 2011

Order/Opinion
51

2:10-cv-08011

Order Re: Defendants' Ex Parte Application for Protective Order

Oct. 12, 2011

Oct. 12, 2011

Order/Opinion

2011 WL 7128640

101

2:10-cv-08011

Defendants' Notice of Interlocutory Appeal of Denial of Qualified Immunity

May 9, 2012

May 9, 2012

Pleading / Motion / Brief
131

12-55876

Order

Holguin v. Baca

U.S. Court of Appeals for the Ninth Circuit

April 1, 2013

April 1, 2013

Order/Opinion
132

2:10-cv-08011

Order to Dismiss with Prejudice

April 3, 2013

April 3, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4146311/michael-holguin-v-county-of-los-angeles/

Last updated March 30, 2026, 4:43 a.m.

ECF Number Date Description Link
1 Oct. 25, 2010

COMPLAINT against Defendants Sheriff Lee Baca, County of Los Angeles, DOES 1-10, Deputy Lascano, Los Angeles Sheriff's Department, Deputy Fernando Luviano, Deputy Rico. Case assigned to Judge George H Wu for all further proceedings. Discovery referred to Magistrate Judge Paul L Abrams.(Filing fee $ 350 PAID) Jury Demanded, filed by plaintiff Michael Holguin.(car) (ds). (Entered: 10/25/2010)

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2 Oct. 25, 2010

NOTICE TO PARTIES OF ADR PROGRAM filed.(car) (Entered: 10/25/2010)

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3 Oct. 25, 2010

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Michael Holguin (car) (ds). (Entered: 10/25/2010)

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4 Oct. 27, 2010

STANDING ORDER Re Final Pre-Trial Conferences for Civil Jury Trials BeforeJudge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. SEE ATTACHED ORDER. (rs) (Entered: 10/27/2010)

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5 Nov. 29, 2010

ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 with JURY DEMAND filed by Defendants Lee Baca, County of Los Angeles.(Sakai, Raymond) (Entered: 11/29/2010)

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6 Nov. 29, 2010

Notice of Interested Parties filed by Defendants Lee Baca, County of Los Angeles, (Sakai, Raymond) (Entered: 11/29/2010)

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7 Nov. 30, 2010

ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 with JURY DEMAND filed by Defendant Fernando Luviano.(Gonzales, Dennis) (Entered: 11/30/2010)

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8 Nov. 30, 2010

NOTICE of Interested Parties filed by Defendant Fernando Luviano, (Gonzales, Dennis) (Entered: 11/30/2010)

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9 Dec. 1, 2010

NOTICE of Change of Attorney Information for attorney Nathan A Oyster counsel for Defendants Lee Baca, County of Los Angeles, Fernando Luviano. Adding Nathan A Oyster as attorney as counsel of record for Defendants County of Los Angeles, Sheriff Leroy D. Baca, and Deputy Fernando Luviano for the reason indicated in the G-06 Notice. Filed by Defendants Defendants County of Los Angeles, Sheriff Leroy D. Baca, and Deputy Fernando Luviano (Oyster, Nathan) (Entered: 12/01/2010)

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10 Dec. 1, 2010

MINUTE ORDER IN CHAMBERS by Judge George H Wu. A Scheduling Conference is set for January 13, 2011 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report and a Notice of Settlement Procedure Selection Form ADR-1 shall be filed with the Court not later than January 3, 2011. (rs) (Entered: 12/01/2010)

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11 Dec. 3, 2010

PROOF OF SERVICE Executed by Plaintiff Michael Holguin, upon Defendant Fernando Luviano served on 11/5/2010, answer due 11/26/2010. Service of the Summons and Complaint were executed upon Deputy Pagkaliwangan, front desk at Men's Central Jail in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Stormer, Dan) (Entered: 12/03/2010)

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12 Dec. 3, 2010

PROOF OF SERVICE Executed by Plaintiff Michael Holguin, upon Defendant Lee Baca served on 11/5/2010, answer due 11/26/2010. Service of the Summons and Complaint were executed upon Kathleen Camacho, Front Desk Receptionist in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Stormer, Dan) (Entered: 12/03/2010)

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13 Dec. 3, 2010

PROOF OF SERVICE Executed by Plaintiff Michael Holguin, upon Defendant County of Los Angeles served on 11/5/2010, answer due 11/26/2010. Service of the Summons and Complaint were executed upon Tammy Johnson - Deputy Clerk, Executive Office of the Board in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Stormer, Dan) (Entered: 12/03/2010)

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14 Dec. 3, 2010

PROOF OF SERVICE Executed by Plaintiff Michael Holguin, upon Defendant Los Angeles Sheriff's Department served on 11/5/2010, answer due 11/26/2010. Service of the Summons and Complaint were executed upon Kathleen Camacho, Front Desk Receptionist in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Stormer, Dan) (Entered: 12/03/2010)

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15 Dec. 27, 2010

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Defendants Lee Baca, County of Los Angeles, DOES, Lascano, Los Angeles Sheriff's Department, Fernando Luviano, Rico, Plaintiff Michael Holguin.. (Keeny, Christy) (Entered: 12/27/2010)

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16 Jan. 13, 2011

MINUTES OF Scheduling Conference held before Judge George H Wu. The Court sets the following: Last day to add parties and/or amend pleadings February 4, 2011. Mediation cutoff June 22, 2011. Post-Mediation Status Conference June 23, 2011 at 8:30 a.m. Discovery cutoff August 3, 2011. Expert discovery cutoff August 26, 2011. Motion hearing cutoff September 29, 2011. Pretrial Conference November 3, 2011 at 8:30 a.m. Jury Trial November 15, 2011 at 9:00 a.m. Court Reporter: Victoria Valine. (im) (Entered: 01/14/2011)

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17 Jan. 28, 2011

First STIPULATION to Amend Complaint - (Discovery), Complaint - (Discovery) 1 filed by Plaintiff Michael Holguin. (Attachments: # 1 Proposed Order Re Filing of First Amended Complaint)(Stormer, Dan) (Entered: 01/28/2011)

1 Proposed Order Re Filing of First Amended Complaint

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18 Jan. 28, 2011

First STIPULATION to Amend Complaint - (Discovery), Complaint - (Discovery) 1 filed by Plaintiff Michael Holguin. (Attachments: # 1 Proposed Order Re Filing of First Amended Complaint, # 2 Proposed First Amended Complaint for Damages)(Stormer, Dan) (Entered: 01/28/2011)

1 Proposed Order Re Filing of First Amended Complaint

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2 Proposed First Amended Complaint for Damages

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19 Jan. 31, 2011

ORDER RE STIPULATION OF THE PARTIES RE FILING OF FIRST AMENDED COMPLAINT by Judge George H Wu, 18 17 . Pursuant to stipulation of the parties and upon a showing of good cause, it is Ordered that Plaintiff may manually file the First Amended Complaint submitted herewith at the courts civil intake department. (im) (Entered: 02/01/2011)

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20 Feb. 8, 2011

NOTICE of Change of Attorney Information for attorney Dan Stormer counsel for Plaintiff Michael Holguin. Adding Virginia Keeny as attorney as counsel of record for Plaintiff, Michael Holguin for the reason indicated in the G-06 Notice. Filed by Plaintiff Holguin (Stormer, Dan) (Entered: 02/08/2011)

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21 Feb. 9, 2011

FIRST AMENDED COMPLAINT against Defendants County of Los Angeles, Los Angeles Sheriff's Department, Sheriff Lee Baca, Deputy Rico, Deputy Fernando Luviano, Deputy Lascano, and Does 1-10; amending Complaint 1 ; with Jury Demand filed by Plaintiff Michael Holguin. (gk) (gk). (Entered: 02/09/2011)

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22 March 16, 2011

STIPULATION for Order Authorizing In-Custody Deposition of Plaintiff Michael Holguin filed by Defendants Lee Baca, County of Los Angeles, Fernando Luviano. (Attachments: # 1 Proposed Order)(Sakai, Raymond) (Entered: 03/16/2011)

1 Proposed Order

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23 March 16, 2011

STIPULATION for Protective Order filed by Defendants Lee Baca, County of Los Angeles, Fernando Luviano. (Attachments: # 1 Proposed Protective Order)(Sakai, Raymond) (Entered: 03/16/2011)

1 Proposed Protective Order

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24 March 16, 2011

ANSWER to Amended Complaint, 21 filed by Defendants Lee Baca, County of Los Angeles, DOES, Fernando Luviano.(Sakai, Raymond) (Entered: 03/16/2011)

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25 March 16, 2011

NOTICE of Interested Parties filed by Defedant David Ortega DOES, (Sakai, Raymond) (Entered: 03/16/2011)

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26 March 17, 2011

ORDER by Magistrate Judge Paul L. Abrams AUTHORIZING IN-CUSTODY DEPOSITION OF PLAINTIFF 22 . **NOTE CHANGES BY COURT** (ch) (Entered: 03/17/2011)

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27 March 17, 2011

PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams re Stipulation for Protective Order 23 . **See Order for details.** (ch) (Entered: 03/17/2011)

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28 May 2, 2011

ANSWER to Amended Complaint, 21 filed by Defendant Rico.(Sakai, Raymond) (Entered: 05/02/2011)

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29 May 2, 2011

NOTICE of Interested Parties filed by Defendant Rico, identifying Michael Holguin, County of Los Angeles, Sheriff Baca, Fernando Luviano, David Ortega, Giovanni Rico. (Sakai, Raymond) (Entered: 05/02/2011)

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30 May 9, 2011

NOTICE OF FILING RE: JOINT STIPULATION PURSUANT TO LOCAL RULE 37-1 filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 05/09/2011)

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31 May 9, 2011

NOTICE OF MOTION AND MOTION for Discovery regarding JOINT STIPULATION PURSUANT TO LOCAL RULE 37-1 filed by Plaintiff Michael Holguin. Motion set for hearing on 5/31/2011 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: # 1 Declaration of Keeny, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Declaration of Mathers)(Keeny, Christy) Modified on 5/10/2011 (ch). (Entered: 05/09/2011)

1 Declaration of Keeny

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Declaration of Mathers

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32 May 12, 2011

STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that Nikki Tolt may serve as Attorney Settlement Officer for Settlement Proceedings The Plaintiff obtained the consent of the Attorney Settlement Officer. Filed by Plaintiff Michael Holguin(Keeny, Christy) (Entered: 05/12/2011)

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33 May 23, 2011

NOTICE OF ASSIGNMENT of Attorney Settlement Officer. Nikki Tolt has been assigned to serve as Attorney Settlement Officer. (mb) (Entered: 05/23/2011)

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34 May 23, 2011

ORDER by Magistrate Judge Paul L. Abrams RE PLAINTIFF'S MOTION TO COMPEL DISCOVERY 31 . The hearing scheduled for May 31, 2011, is ORDERED OFF CALENDAR. Plaintiff's Motion to Compel is granted in part. **See Order for details.** (ch) (Entered: 05/23/2011)

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35 June 2, 2011

PROOF OF SERVICE Executed by Plaintiff Michael Holguin, upon Defendant DOES served on 2/8/2011, answer due 3/1/2011. Service of the Summons and Complaint were executed upon Deputy Ortega in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Keeny, Christy) (Entered: 06/02/2011)

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36 June 6, 2011

NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Discovery 34 filed by Defendant County of Los Angeles. Motion set for hearing on 7/7/2011 at 08:30 AM before Judge George H Wu. (Sakai, Raymond) (Entered: 06/06/2011)

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37 June 11, 2011

STIPULATION to Continue Pretrial and Trial Dates Re: Scheduling Conference, Set/Reset Deadlines/Hearings,,,, 16 filed by Parties Lee Baca, County of Los Angeles, Michael Holguin, Fernando Luviano, Rico. (Attachments: # 1 Proposed Order)(Sakai, Raymond) (Entered: 06/11/2011)

1 Proposed Order

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38 June 13, 2011

NOTICE of Change of Attorney Information for attorney Matthew Philip Allen counsel for Defendants Lee Baca, County of Los Angeles, Fernando Luviano, Rico. Filed by DEFENDANTS County of Los Angeles, Sheriff Leroy D. Baca, Fernando Luviano, David Ortega, and Giovanni Rico (Allen, Matthew) (Entered: 06/13/2011)

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40 June 15, 2011

ORDER RE STIPULATION TO MODIFY THE SCHEDULING ORDER TO CONTINUE PRETRIAL AND TRIAL DATES by Judge George H Wu. Discovery cut-off 11/3/2011., Motion hearing cutoff 1/12/2012., Mediation cutoff 9/28/2011., Jury Trial set for 2/28/2012 09:00 AM., Pretrial Conference set for 2/23/2012 08:30 AM., Post-Mediation Status Conference set for 9/29/2011 08:30 AM. (bp) (Entered: 06/17/2011)

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39 June 16, 2011

OPPOSITION in opposition re: MOTION for Reconsideration re Order on Motion for Discovery 34 36 PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR RECONSIDERATION; DECLARATION AND EXHIBITS IN SUPPORT THEREOF filed by Plaintiff Michael Holguin. (Attachments: # 1 Declaration Decl of V. Keeny & Exhs In Opp to Defts Mtn for Reconsideration)(Keeny, Christy) (Entered: 06/16/2011)

1 Declaration Decl of V. Keeny & Exhs In Opp to Defts Mtn for Reconsideration

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41 June 23, 2011

REPLY in support MOTION for Reconsideration re Order on Motion for Discovery 34 36 filed by Defendant County of Los Angeles. (Attachments: # 1 Exhibit Exhibit "A")(Allen, Matthew) (Entered: 06/23/2011)

1 Exhibit Exhibit "A"

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42 July 7, 2011

MINUTES OF Motion Hearing held before Judge George H Wu:Re DEFENDANTS MOTION FOR RULE 72(A) RECONSIDERATION OF MAGISTRATE JUDGES 5/23/11 DISCOVERY ORDER. Tentative circulated and attached hereto, is adopted as Courts final ruling. Defendants motion for Rule 72(a) Reconsideration of Magistrate Judges 5/23/11 discovery order is Denied. Documents will be produced by 8/19/11. Counsel for plaintiff will file a proposed order forthwith.Court Reporter: Wil Wilcox. (lc) (Entered: 07/08/2011)

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43 July 15, 2011

ORDER ON MOTION FOR RECONSIDERATION OF MAGISTRATE'S RULING RE DISCOVERY by Judge George H Wu, re MOTION for Reconsideration re Order on Motion for Discovery 34 36 . Defendant is to produce the documents responsive to requests Nos. 11 and 21 asoutlined above on or before August 19, 2011, subject to the protective order limiting thedocuments use and dissemination in this case. (pj) (Entered: 07/18/2011)

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44 Sept. 21, 2011

ATTORNEY SETTLEMENT OFFICER PROCEEDING REPORT Filed by Attorney Settlement Officer Nikki Tolt: Settlement Proceedings were held on September 21, 2011. The parties are unable to reach an agreement at this time.(Tolt, Nikki) (Entered: 09/21/2011)

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45 Sept. 27, 2011

STIPULATION to Continue Expert Discovery Deadlines from (Expert Witness Exchange) November 1, 2011, (Rebuttal Expert Exchange) November 15, 2011, and (Expert Discovery Completion) December 2, 2011 to November 22, 2011, December 6, 2011 and December 23, 2011 filed by Defendants Lee Baca, County of Los Angeles, Fernando Luviano, Rico. (Attachments: # 1 Proposed Order)(Oyster, Nathan) (Entered: 09/27/2011)

1 Proposed Order

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46 Sept. 29, 2011

MINUTES OF POST-MEDIATION Status Conference held before Judge George H Wu: The parties informs the Court that they are unable to reach an agreement at this time. Defendant informs the Court that they will file a Motion for Summary Judgment.: Court Reporter: Rosalyn Adams. (pj) (Entered: 10/03/2011)

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47 Sept. 30, 2011

ORDER by Judge George H Wu, having reviewed and considered the Parties' Stipulation to Continue Expert Discovery deadlines 45 . The last day to exchange expert witness information is November 22, 2011. The last day to exchange rebuttal expert witness information is December 6, 2011. The last day to complete expert discovery is December 23, 2011. (ir) (Entered: 10/03/2011)

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48 Oct. 7, 2011

EX PARTE APPLICATION for Protective Order for Order Barring the Depositions of Baca, Clark, Tanaka, and Conte filed by Defendants Lee Baca, County of Los Angeles, Fernando Luviano, Rico. (Attachments: # 1 Proposed Order)(Oyster, Nathan) (Entered: 10/07/2011)

1 Proposed Order

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49 Oct. 10, 2011

Opposition In Opposition re: EX PARTE APPLICATION for Protective Order for Order Barring the Depositions of Baca, Clark, Tanaka, and Conte 48 Plaintiffs' Opposition to Defendants' Ex Parte Application for Protective Order Barring Depositions of Baca, Clark and Tanaka; Memorandum of Points and Authorities filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 10/10/2011)

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50 Oct. 10, 2011

DECLARATION of Virginia Keeny In Opposition EX PARTE APPLICATION for Protective Order for Order Barring the Depositions of Baca, Clark, Tanaka, and Conte 48 Declaration of Virginia Keeny and Exhibits In Opposition To Defendants' Ex Parte Application For Protective Order filed by Plaintiff Michael Holguin. (Attachments: # 1 Exhibit Exhibits 1-9, # 2 Exhibit Exhibits 10-13, # 3 Exhibit Exhibits 14-21)(Keeny, Christy) (Entered: 10/10/2011)

1 Exhibit Exhibits 1-9

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2 Exhibit Exhibits 10-13

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3 Exhibit Exhibits 14-21

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51 Oct. 12, 2011

ORDER by Magistrate Judge Paul L. Abrams RE: DEFENDANTS' EX PARTE APPLICATION FOR PROTECTIVE ORDER 48 . Defendants' Application seeking a protective order barring plaintiff from deposing Sheriff Baca and Commander Conte is GRANTED, and is DENIED as to Undersheriff Tanaka and Captain Clark. **See Order for details.** (ch) (Entered: 10/12/2011)

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52 Oct. 19, 2011

EX PARTE APPLICATION for Reconsideration re Order on Ex Parte Application for Protective Order, 51 filed by Defendants Lee Baca, County of Los Angeles, Fernando Luviano, Rico. (Attachments: # 1 Proposed Order)(Sakai, Raymond) (Entered: 10/19/2011)

1 Proposed Order

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53 Oct. 20, 2011

Opposition re: EX PARTE APPLICATION for Reconsideration re Order on Ex Parte Application for Protective Order, 51 52 Re Undersheriff Tanaka; Memorandum of Points and Authorities and Declaration In Support Thereof filed by Plaintiff Michael Holguin. (Attachments: # 1 Declaration Virginia Keeny, # 2 Exhibit 1-5, # 3 Exhibit 6-16)(Keeny, Christy) (Entered: 10/20/2011)

1 Declaration Virginia Keeny

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2 Exhibit 1-5

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3 Exhibit 6-16

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54 Oct. 20, 2011

Objection to Evidence Submitted by Defendants re: EX PARTE APPLICATION for Reconsideration re Order on Ex Parte Application for Protective Order, 51 52 Re Undersheriff Tanaka filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 10/20/2011)

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55 Oct. 25, 2011

DENIED BY ORDER OF THE COURT by Judge George H Wu: [PROPOSED] ORDER GRANTING DEFENDANTS EX PARTE APPLICATION FOR PARTIAL RECONSIDERATION OF MAGISTRATE JUDGES ORDER DENYING DEFENDANTS REQUEST FOR A PROTECTIVE ORDER BARRING THE DEPOSITION OF UNDERSHERIFF PAUL TANAKA 52 (pj) (Entered: 10/25/2011)

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56 Dec. 15, 2011

STIPULATION to Continue Motion Dates and Expert Discovery Cutoff filed by defendants Lee Baca, County of Los Angeles, Fernando Luviano, Rico. (Attachments: # 1 Proposed Order)(Sakai, Raymond) (Entered: 12/15/2011)

1 Proposed Order

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57 Dec. 15, 2011

NOTICE OF MOTION AND MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT filed by DEFENDANTS Lee Baca, County of Los Angeles, Fernando Luviano, Rico. Motion set for hearing on 1/12/2012 at 08:30 AM before Judge George H Wu. (Attachments: # 1 Declaration ALLEN DECLARATION, # 2 Declaration BACA DECLARATION, # 3 Declaration STUVER DECLARATION, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H)(Allen, Matthew) (Entered: 12/15/2011)

1 Declaration ALLEN DECLARATION

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2 Declaration BACA DECLARATION

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3 Declaration STUVER DECLARATION

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4 Exhibit A

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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8 Exhibit E

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9 Exhibit F

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10 Exhibit G

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11 Exhibit H

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58 Dec. 15, 2011

STATEMENT of UNDISPUTED FACTS MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 filed by Defendants Lee Baca, County of Los Angeles, Fernando Luviano, Rico. (Allen, Matthew) (Entered: 12/15/2011)

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59 Dec. 15, 2011

REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 filed by DEFENDANTS Lee Baca, County of Los Angeles, Fernando Luviano, Rico. (Attachments: # 1 Exhibit 1)(Allen, Matthew) (Entered: 12/15/2011)

1 Exhibit 1

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60 Dec. 15, 2011

NOTICE OF LODGING filed re MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 (Attachments: # 1 [PROPOSED] JUDGMENT)(Allen, Matthew) (Entered: 12/15/2011)

1 [PROPOSED] JUDGMENT

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61 Dec. 19, 2011

ORDER by Judge George H Wu: re Stipulation to Continue 56 . IT IS SO ORDERED that the dates be continued as follows: Expert discovery cutoff from December 23, 2011, to January 20, 2012; Plaintiffs opposition due date to Defendants motion for summary judgment from December 22, 2011, to December 29, 2011; Defendants reply due date from December 29, 2011, to January 12, 2012; and The hearing on the motion from January 12, 2012, to January 26, 2012 at 8:30 a.m. (kti) (Entered: 12/19/2011)

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62 Dec. 29, 2011

MEMORANDUM in Opposition to MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Plaintiff Michael Holguins Opposition to Defendants Motion for Summary Judgment Or, in the Alternative, Summary Adjudication filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 12/29/2011)

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63 Dec. 29, 2011

STATEMENT of Genuine Disputes of Material Fact in Opposition to MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 12/29/2011)

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64 Dec. 29, 2011

DECLARATION of Virginia Keeny in Opposition to MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Declaration of Virginia Keeny and Evidence in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment Or, in the Alternative, Summary Adjudication filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 12/29/2011)

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65 Dec. 29, 2011

NOTICE of Manual Filing filed by Plaintiff Michael Holguin of Plaintiffs Additional Statement of Genuine Disputes of Material Fact and Confidential Materials in Support Thereof. (Keeny, Christy) (Entered: 12/29/2011)

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66 Dec. 29, 2011

REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Request for Judicial Notice in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment Or, in the Alternative, Summary Adjudication, Volume I of IX filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 12/29/2011)

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67 Dec. 29, 2011

REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Request for Judicial Notice in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment Or, in the Alternative, Summary Adjudication, Volume II of IX filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 12/29/2011)

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68 Dec. 29, 2011

REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Request for Judicial Notice in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment Or, in the Alternative, Summary Adjudication, Volume III of IX filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 12/29/2011)

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69 Dec. 29, 2011

REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Request for Judicial Notice in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment Or, in the Alternative, Summary Adjudication, Volume IV of IX filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 12/29/2011)

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70 Dec. 29, 2011

REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Request for Judicial Notice in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment Or, in the Alternative, Summary Adjudication, Volume V of IX filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 12/29/2011)

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71 Dec. 29, 2011

REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Request for Judicial Notice in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment Or, in the Alternative, Summary Adjudication, Volume VI of IX filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 12/29/2011)

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72 Dec. 29, 2011

REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Request for Judicial Notice in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment Or, in the Alternative, Summary Adjudication, Volume VII of IX filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 12/29/2011)

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73 Dec. 29, 2011

REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Request for Judicial Notice in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment Or, in the Alternative, Summary Adjudication, Volume VIII of IX filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 12/29/2011)

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74 Dec. 29, 2011

REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Request for Judicial Notice in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment Or, in the Alternative, Summary Adjudication, Volume IX of IX filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 12/29/2011)

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75 Jan. 3, 2012

NOTICE of Manual Filing filed by Plaintiff Michael Holguin of 1) Plaintiff's Application to File Under Seal the Plaintiff's Additional Statement of Genuine Disputes of Material Fact and Confidential Materials in Support Thereof;2)[Proposed] Order Allowing Plaintiff's Additional Statement of Genuine Disputes of Material Fact and Confidential Materials in Support Thereof to be Filed Under Seal; and 3)Plaintiff's Additional Statement of Genuine Disputes of Material Fact and Confidential Materials in Support Thereof. (Keeny, Christy) (Entered: 01/03/2012)

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76 Jan. 3, 2012

APPLICATION to file UNDER SEAL the Plaintiff's additional statement of genuine disputes of material fact and confidential materials filed by Plaintiff Michael Holguin. (pj) (Entered: 01/05/2012)

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77 Jan. 5, 2012

ORDER ALLOWING PLAINTIFFS ADDITIONAL STATEMENT OF GENUINE DISPUTES OF MATERIAL FACT AND CONFIDENTIAL MATERIALS IN SUPPORT TO BE FILED UNDER SEAL by Judge George H Wu: 76 Application to Seal (pj) (Entered: 01/06/2012)

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80 Jan. 5, 2012

SEALED DOCUMENT- PLAINTIFF'S ADDITIONAL STATEMENT of Genuine Disputes of Material Fact and Confidential Materials in Support Thereof. (mat) (Additional attachment(s) added on 1/13/2012: Part 2) (mat). Modified on 1/13/2012 (mat). (Entered: 01/13/2012)

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78 Jan. 12, 2012

REPLY in support of MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 filed by Defendants Lee Baca, County of Los Angeles, Fernando Luviano, Rico. (Oyster, Nathan) (Entered: 01/12/2012)

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79 Jan. 12, 2012

Evidentiary Objections re: MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 filed by Defendants Lee Baca, County of Los Angeles, Fernando Luviano, Rico. (Oyster, Nathan) (Entered: 01/12/2012)

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81 Jan. 18, 2012

Joint STIPULATION to Continue Hearing Date for Defendant's Motion for Summary Judgment or, in the alternative, Summary Adjudication from January 26, 2012 at 8:30 a.m. to January 30, 2012 at 8:30 a.m. filed by Plaintiff Michael Holguin. (Attachments: # 1 Proposed Order, # 2 Declaration Virginia Keeny)(Keeny, Christy) (Entered: 01/18/2012)

1 Proposed Order

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2 Declaration Virginia Keeny

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82 Jan. 23, 2012

ORDER by Judge George H Wu, granting Stipulation to Continue, 81 . IT IS HEREBY ORDERED, pursuant to the stipulation of the parties, that the hearing on Defendants' Motion for Summary Judgment or, in the alternative, SummaryAdjudication be continued to January 30, 2012 at 8:30 a.m. (rrey) (Entered: 01/23/2012)

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83 Jan. 23, 2012

Joint STIPULATION to Continue Trial Date from February 28, 2012 at 9:00 a.m. to September 4, 2012 at 9:00 a.m. filed by Plaintiff Michael Holguin. (Attachments: # 1 Proposed Order, # 2 Declaration Virginia Keeny)(Keeny, Christy) (Entered: 01/23/2012)

1 Proposed Order

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2 Declaration Virginia Keeny

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84 Jan. 24, 2012

OPPOSITION to MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Plaintiffs Rebuttal to Defendants Evidentiary Objections to Plaintiffs Evidence Opposing Defendants Motion for Summary Judgment and Evidentiary Issues Raised in Defendants Reply Brief in Support of Summary Judgment filed by Plaintiff Michael Holguin. (Keeny, Christy) (Entered: 01/24/2012)

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85 Jan. 24, 2012

RESPONSE filed by Plaintiff Michael Holguinto Objection/Opposition (Motion related) 79 Plaintiffs Responses to Defendants Evidentiary Objections to Plaintiffs Evidence Opposing Defendants Motion for Summary Judgment (Keeny, Christy) (Entered: 01/24/2012)

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86 Jan. 24, 2012

DECLARATION of Virginia Keeny re Response in Opposition to Motion, 84 Declaration of Virginia Keeny and Evidence in Support of Plaintiffs Rebuttal to Defendants Evidentiary Objections to Plaintiffs Evidence Opposing Defendants Motion for Summary Judgment and Evidentiary Issues Raised in Defendants Reply Brief in Support of Summary Judgment filed by Plaintiff Michael Holguin. (Attachments: # 1 Exhibit 1-4)(Keeny, Christy) (Entered: 01/24/2012)

1 Exhibit 1-4

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87 Jan. 24, 2012

RESPONSE filed by Plaintiff Michael Holguinto Response in Opposition to Motion, 84 Second Request for Judicial Notice in Support Of Plaintiffs Opposition to Defendants Motion for Summary Judgment Or, in The Alternative, Summary Adjudication (Attachments: # 1 Exhibit 1-2)(Keeny, Christy) (Entered: 01/24/2012)

1 Exhibit 1-2

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88 Jan. 25, 2012

ORDER re Stipulation to Continue 83 by Judge George H Wu. IT IS HEREBY ORDERED, pursuant to the stipulation of the parties, that the Jury Trial date for February 28, 2012 at 9:00 a.m. be continued to September 4, 2012 at 9:00 a.m. IT IS HEREBY ORDERED that the Pretrial Conference is set for August 23, 2012 at 8:30 a.m. IT IS HEREBY ORDERED that Defendants County of Los Angeles, Sheriff Leroy D. Baca, Fernando Luviano, David Ortega, and Giovanni Rico's Motion for Summary Judgement, filed on December 15, 2011, and presently set for January 30, 2012, is continued to February 23, 2012 at 8:30 a.m. (kti) (Entered: 01/25/2012)

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89 Feb. 23, 2012

MINUTES OF 57 DEFENDANTS COUNTY OF LOS ANGELES, SHERIFF LEROY D. BACA, FERNANDO LUVIANO, DAVID ORTEGA, AND GIOVANNI RICO'S MOTION FOR SUMMARY JUDGEMENT held before Judge George H Wu. The Courts Tentative Ruling is circulated and attached hereto. Court hears oral argument. For reasons stated on the record, the motion is continued to March 19, 2012 at 8:30 a.m. Parties may file a three-page brief regarding the points raised in the tentative by March 12, 2012. Court Reporter: Pat Cuneo. (kti) (Entered: 02/24/2012)

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90 Feb. 27, 2012

Joint STIPULATION to Continue the Hearing Date for Defendants' Motion for Summary Judgment or, in the Alternative, Summary Adjudication from March 19, 2012 at 8:30 a.m. to March 26, 2012 at 8:30 a.m. Re: Motion Hearing, Set/Reset Motion Hearing and R&R Deadlines,,,, 89 filed by Plaintiff Michael Holguin. (Attachments: # 1 Proposed Order, # 2 Declaration Virginia Keeny)(Keeny, Christy) (Entered: 02/27/2012)

1 Proposed Order

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2 Declaration Virginia Keeny

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91 Feb. 29, 2012

ORDER by Judge George H Wu, re MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57,IT IS HEREBY ORDERED, pursuant to the stipulation of the parties, that the hearing on Defendants' Motion for Summary Judgment or, in the alternative, SummaryAdjudication, be continued to March 26, 2012 at 8:30 a.m. (pj) (Entered: 03/01/2012)

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92 March 12, 2012

SUPPLEMENT to MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 filed by Defendants Lee Baca, County of Los Angeles, Fernando Luviano, Rico. (Oyster, Nathan) (Entered: 03/12/2012)

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93 March 26, 2012

STIPULATION to Dismiss defendant Rico filed by Defendants Rico, County of Los Angeles, Fernando Luviano, Lee Baca.(Sakai, Raymond) (Entered: 03/26/2012)

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94 March 26, 2012

MINUTES OF DEFENDANTS COUNTY OF LOS ANGELES, SHERIFF LEROY D. BACA, FERNANDO LUVIANO, DAVID ORTEGA, AND GIOVANNI RICO'S MOTION FOR SUMMARY JUDGMENT 57 held before Judge George H Wu. The Courts Tentative Ruling is circulated and attached hereto. Parties will file simultaneous supplemental briefs by April 2, 2012. The motion is continued to April 12, 2012 at 8:30 a.m. Court Reporter: Pat Cuneo. (kti) (Entered: 03/27/2012)

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95 April 2, 2012

Opposition re: MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 Supplemental Brief filed by Plaintiff Michael Holguin. (Attachments: # 1 Exhibit A)(Keeny, Christy) (Entered: 04/02/2012)

1 Exhibit A

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96 April 2, 2012

RESPONSE IN SUPPORT of MOTION for Summary Judgment as to PLAINTIFF'S FIRST AMENDED COMPLAINT 57 filed by Defendants Lee Baca, County of Los Angeles, Fernando Luviano. (Sakai, Raymond) (Entered: 04/02/2012)

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97 April 6, 2012

Joint STIPULATION to Continue Hearing Date for Defendant's Motion for Summary Judgment or, in the alternative, Summary Adjudication from April 12, 2012 at 8:30 a.m. to May 3, 2012 at 8:30 a.m. filed by Plaintiff Michael Holguin. (Attachments: # 1 Proposed Order, # 2 Declaration Virginia Keeny)(Keeny, Christy) (Entered: 04/06/2012)

1 Proposed Order

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2 Declaration Virginia Keeny

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99 April 12, 2012

MINUTES: Defendants County of Los Angeles, Sheriff Leroy D Baca, Fernando Luviano, David Ortega, and Giovani Rico's Motion for Summary Judgment 57 : Court hears further argument. The Court's Ruling after supplemental briefing as to Motion for Summary Judgment, or in the alternative Summary Adjudication is attached hereto. Defendants' motion is GRANTED IN PART AND DENIED IN PART. The Stipulation to continue the hearing date filed on 4/6/12 97 is deemed MOOT by Judge George H Wu Court Reporter: Pat Cuneo. (ir) (Entered: 04/13/2012)

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98 April 13, 2012

NOTICE of Change of Attorney Information for attorney Christopher Taewoo Kim counsel for Defendants Lee Baca, County of Los Angeles, Fernando Luviano, Rico. Adding Christopher T. Kim as attorney as counsel of record for Defendants County of Los Angeles, Sheriff Leroy D. Baca, Fernando Luviano, David Ortega and Giovanni Rico for the reason indicated in the G-06 Notice. Filed by Defendants County of Los Angeles, Sheriff Leroy D. Baca, Fernando Luviano, David Ortega and Giovanni Rico (Kim, Christopher) (Entered: 04/13/2012)

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100 May 9, 2012

NOTICE Notice of Interlocutory Appeal of Denial of Qualified Immunity filed by Defendants Lee Baca, County of Los Angeles, Fernando Luviano. (Kim, Christopher) (Entered: 05/09/2012)

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Case Details

State / Territory:

California

Case Type(s):

Jail Conditions

Special Collection(s):

California's Prisoners' Rights Bar article

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 25, 2010

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate at LA County Men's Central Jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Hadsell, Stormer & Renick

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Los Angeles County

Los Angeles County Sheriff's Department

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

Central District of California 2:10-cv-08011

Central District of California 12-55876

Available Documents:

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 475000

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Failure to train

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Policing:

Excessive force

Recommended Citation