Date: 05-11-2018

Case Style:

Case Number: 2:16-cv-06073-TJH-MRW

Judge: Terry J. Hatter, Jr,

Court: United States District Court for the Central District of California (Los Angeles County)

Plaintiff's Attorney: Joshua Piovia-Scott, Barbara Faye Enloe Hadsell, Brian D Olney, Shaleen Ameeta Shanbhag, Dan Stormer, Jennifer Leigh Williams, Marc S Williams and Emmanuel Nsahlai

Defendant's Attorney: James R Touchstone, Denise L Rocawich, Christian R Bojorquez, Elizabeth Anne Mitchell and Matthew Paul Mattis

Description: Los Angeles, CA - Heleine Tchayou, Estate of Charly Leundeu Keunang, Isaac Keunang and Line Marquise Foming sued the City of Los Angeles, Chand Syed, Daniel Torres, Francisco Martinez and Joshua Volasgis on civil rights violation theories claiming that Charly Leundeu Keunang was wrongfully killed by Sgt Chand Syed and Officer Francisco Martinez who used excessive force in 2015.

The events that resulted in Keunang's death were captured by body cameras worn by the officers.

Date Filed # Docket Text
04/16/2018 164 ORDER RE DISMISSAL OF CERTAIN CLAIMS FOR RELIEF by Judge Terry J. Hatter, Jr; re Stipulation 162 . See Order for specifics. (twdb) (Entered: 04/16/2018)
04/17/2018 165 Notice of Appearance or Withdrawal of Counsel: for attorney Charles James Snyder counsel for Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou. Charles James Snyder is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, and Heleine Tchayou. (Snyder, Charles) (Entered: 04/17/2018)
04/23/2018 166 ORDER by Judge Terry J. Hatter, Jr: The Court has considered Plaintiffs motions in limine numbers one to six and eight to ten, and Defendants motions in limine numbers one to seven, together with the moving and opposing papers. It is Ordered, sua sponte, that the trial for this case be, and hereby is, bifurcated. (See order for further details) (yl) (Entered: 04/23/2018)
04/23/2018 167 ORDER by Judge Terry J. Hatter, Jr: The Court has considered Plaintiffs motion in limine number seven, to exclude or limit Defendants' experts' testimony [dkt # 126], together with the moving and opposing papers. (See Order for further details) 126 Motion in Limine to Exclude (yl) (Entered: 04/23/2018)
04/24/2018 168 JOINT AMENDED Exhibit List filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou.. (Piovia-Scott, Joshua) (Entered: 04/24/2018)
04/24/2018 169 NOTICE OF LODGING filed re: Deposition Transcripts and Designated Portions for Trial re Order,,, Set/Reset Deadlines/Hearings,, 18 (Piovia-Scott, Joshua) (Entered: 04/24/2018)
04/24/2018 170 PROPOSED SPECIAL JURY VERDICT filed by Defendants City of Los Angeles, Francisco Martinez, Chand Syed, Daniel Torres. (Mitchell, Elizabeth) (Entered: 04/24/2018)
04/24/2018 171 PROPOSED JURY INSTRUCTIONS filed by Defendants City of Los Angeles, Francisco Martinez, Chand Syed, Daniel Torres.. (Mitchell, Elizabeth) (Entered: 04/24/2018)
04/24/2018 172 PROPOSED JURY INSTRUCTIONS (Objections to Plaintiffs Proposed Disputed Jury Instructions set) filed by Defendants City of Los Angeles, Francisco Martinez, Chand Syed, Daniel Torres.. (Mitchell, Elizabeth) (Entered: 04/24/2018)
04/24/2018 173 PROPOSED JURY INSTRUCTIONS (JOINT set) filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou.. (Shanbhag, Shaleen) (Entered: 04/24/2018)
04/24/2018 174 PROPOSED JURY INSTRUCTIONS filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou.. (Shanbhag, Shaleen) (Entered: 04/24/2018)
04/24/2018 175 OBJECTIONS to Defendants' Proposed Disputed Jury Instructions filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou. (Shanbhag, Shaleen) (Entered: 04/24/2018)
04/24/2018 176 TRIAL BRIEF filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou.. (Shanbhag, Shaleen) (Entered: 04/24/2018)
04/26/2018 177 Proposed Voir Dire Questions filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou.. (Piovia-Scott, Joshua) (Entered: 04/26/2018)
04/26/2018 178 NOTICE OF LODGING filed of CD re Jury Instructions (Proposed) 174 , Jury Instructions (Proposed) 173 (Piovia-Scott, Joshua) (Entered: 04/26/2018)
04/30/2018 179 REQUEST for Order for Re: Trial Exhibits filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou. Request set for hearing on 5/1/2018 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Proposed Order [Proposed] Order Re: Trial Exhibits) (Shanbhag, Shaleen) (Entered: 04/30/2018)
04/30/2018 180 ORDER by Judge Terry J. Hatter, Jr. It is Ordered, sua sponte, that the issue of liability for Plaintiffs claims for discrimination under the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq., and under Section 504 of the Rehabilitation Act, 29 U.S.C. § 791, et seq., shall be tried in the First Phase. (shb) (Entered: 04/30/2018)
04/30/2018 181 PROPOSED SPECIAL (Phases 1 - 3) JURY VERDICT filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou. (Attachments: # 1 Plaintiffs' [Proposed] Special Verdict Form - Phase 2, # 2 Plaintiffs' [Proposed] Special Verdict Form - Phase 3)(Shanbhag, Shaleen) (Entered: 04/30/2018)
04/30/2018 182 ORDER by Judge Terry J. Hatter, Jr: GRANTING 179 REQUEST for Order allowing certain identified Exhibits to be brought into the courthouse for use at trial. Plaintiffs request is granted. The United States Marshals Service is hereby directed to take the identified exhibits into their possession and deposit them with the Courts courtroom deputy: 1. Replica of gun used by Officer Joshua Volasgis on March 1, 2015. 2. Plastic replica of gun used by Officer Joshua Volasgis on March 1, 2015 (used for training). 3. Replica of holster used by Officer Joshua Volasgis on March 1, 2015; and 4. Clip with plastic bullets. (shb) (Entered: 04/30/2018)
04/30/2018 183 Amended REQUEST for Order for Re: Trial Exhibits filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou. Request set for hearing on 5/1/2018 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: # 1 Amended [Proposed] Order Re Trial Exhibits) (Shanbhag, Shaleen) (Entered: 04/30/2018)
05/01/2018 184 NOTICE OF LODGING filed BY DEFENDANTS RE NOTICE OF LODGING DEPOSITION TRANSCRIPTS re Notice of Lodging 169 (Mitchell, Elizabeth) (Entered: 05/01/2018)
05/01/2018 185 NOTICE OF LODGING filed re Order,,, Set/Reset Deadlines/Hearings,, 18 (Touchstone, James) (Entered: 05/01/2018)
05/01/2018 186 AMENDED ORDER by Judge Terry J. Hatter, Jr, 182 . Plaintiffs request is granted. The United States Marshals Service is hereby directed to take the identified exhibits into their possession and deposit them with the Courts courtroom deputy: The following items identified on the parties Amended Joint Exhibit List, filed on April 24, 2018 (Dkt. 168): 191 - Gun used by Officer Joshua Volasgis on March 1, 2015. 192 - Holster used by Officer Joshua Volasgis on March 1, 2015. 193 - Police Belt used by Officer Joshua Volasgis on March 1, 2015. 194 - Police Baton used by Officer Joshua Volasgis on March 1, 2015. 195 - Uniform and equipment worn by Officer Joshua Volasgis on March 1, 2015, and 1. Replica of gun used by Officer Joshua Volasgis on March 1, 2015;2. Plastic replica of gun used by Officer Joshua Volasgis on March 1, 2015 (used for training); 3. Replica of holster used by Officer Joshua Volasgis on March 1, 2015; and 4. Clip with plastic bullets. (shb) (Entered: 05/01/2018)
05/01/2018 188 MINUTES OF Jury Trial - 1st Day held before Judge Terry J. Hatter, Jr: Jury impaneled and sworn. Opening statements made by Plaintiffs and Defendants. Jury Trial continued to May 2,2018 09:00 AM for further trial. Court Reporter: Sheri Kleeger/ Deborah Gackle. (shb) (Entered: 05/04/2018)
05/02/2018 187 TRIAL BRIEF Plaintiffs Brief Re: Admission of Mental Illness Diagnoses filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou.. (Attachments: # 1 Exhibit 157 (Redacted), # 2 Exhibit 177 (Redacted))(Shanbhag, Shaleen) (Entered: 05/02/2018)
05/02/2018 189 MINUTES OF Jury Trial - 2nd Day held before Judge Terry J. Hatter, Jr: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to May 3, 2018 09:00 A.M. Court Reporter: Sheri Kleeger/ Deborah Gackle. (shb) (Entered: 05/04/2018)
05/03/2018 198 MINUTES OF Jury Trial - 3rd Day held before Judge Terry J. Hatter, Jr: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to set for 5/4/2018 09:00 AM. Court Reporter: Deborah Gackle. (lc) (Entered: 05/09/2018)
05/04/2018 190 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law filed by Defendants City of Los Angeles, Francisco Martinez, Chand Syed, Daniel Torres. (Mitchell, Elizabeth) (Entered: 05/04/2018)
05/04/2018 191 PROPOSED JURY INSTRUCTIONS (Additional Annotated set) filed by defendants City of Los Angeles, Francisco Martinez, Chand Syed, Daniel Torres.. (Bojorquez, Christian) (Entered: 05/04/2018)
05/04/2018 199 MINUTES OF Jury Trial - 4th Day held before Judge Terry J. Hatter, Jr: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff rests. Defendant rests. Jury Trial continued to 5/7/2018 08:00 AM. Court Reporter: Sheri Kleeger/Deborah Gackle. (lc) (Entered: 05/09/2018)
05/04/2018 200 AMENDED MINUTES OF Jury Trial - 4th Day held before Judge Terry J. Hatter, Jr 199 (amended as to Deputy Clerks present): Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff rests. Defendant rests. Jury Trial continued to 5/7/2018 08:00 AM. Court Reporter: Sheri K leeger/Deborah Gackle. (lc) (Entered: 05/09/2018)
05/07/2018 192 OBJECTIONS to Jury Instructions (Proposed) 191 Plaintiffs Objections to Defendants [Proposed] Additional Special Jury Instructions filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou. (Shanbhag, Shaleen) (Entered: 05/07/2018)
05/07/2018 193 Opposition Opposition re: NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law 190 Plaintiffs Opposition to Defendants Motion for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(a) filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou. (Shanbhag, Shaleen) (Entered: 05/07/2018)
05/07/2018 194 MEMORANDUM of Points and Authorities in Opposition filed by Plaintiffs Line Marquise Foming, Estate of Charly Leundeu Keunang, Isaac Keunang, Heleine Tchayou. Plaintiffs Objection to Joint [Proposed] Jury Instruction No. 51 re Excessive Force and Exhibits A-C Re: Jury Instructions (Proposed) 173 (Piovia-Scott, Joshua) (Entered: 05/07/2018)
05/07/2018 195 PROPOSED SPECIAL (AMENDED) JURY VERDICT filed by Defendants City of Los Angeles, Francisco Martinez, Chand Syed, Daniel Torres. (Mitchell, Elizabeth) (Entered: 05/07/2018)
05/07/2018 196 NOTICE OF COURT ORDER to U.S. Marshal Re: Bailiff/Matron's presence for Jury Deliberation on 5/7/2018 at 11:45 a.m., Courtroom 9B, 350 West 1st Street, Los Angeles, CA (shb) (Entered: 05/07/2018)
05/07/2018 197 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law 190 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 05/07/2018)
05/07/2018 203 MINUTES OF Jury Trial - 5th Day held before Judge Terry J. Hatter, Jr. Closing arguments made by plaintiff(s)and defendant(s). Court instructs jury. Bailiff(s) sworn. Jury retires to deliberate. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. Case continued to MAY 8, 2018 at 9:30 A.M. for further trial/further jury deliberation. Defendant's Rule 50 Motion 190 is denied. Court and counsel confer re the proposed jury instructions. Jury Note 1 and 2 is received from the jurors. Court Reporter: Sheri Kleeger. (lom) (Entered: 05/09/2018)
05/08/2018 204 MINUTES OF Jury Trial - 6th Day held before Judge Terry J. Hatter, Jr. Jury resumes deliberations. Case continued to MAY 9, 2018 at 9:00 A.M. for further trial/further jury deliberation. Jury Notes 3, 4, 5, 6 and 7 received from the jurors and discussed with counsel. Court Reporter: Sheri Kleeger. (lom) (Entered: 05/09/2018)
05/09/2018 201 DEFENDANTS' JOINT INDEX OF PORTIONS OF THE DEPOSITION OF ISSAC KEUNANG OFFERED AT TRIAL AND OBJECTIONS THERETO filed by Defendant Joshua Volasgis (Rocawich, Denise) (Entered: 05/09/2018)
05/09/2018 202 NOTICE OF LODGING filed re Miscellaneous Document 201 (Rocawich, Denise) (Entered: 05/09/2018)

Outcome: Settled for $1.95 million.

Plaintiff's Experts:

Defendant's Experts:

Comments: