HomeMy WebLinkAbout20140404_Summons-Complaint_Holland-RoeAPR 042014
AO 440 (Rev. 06/12) Summons in aCivil Action
UNITED STATES DISTRICT COURT
for the
)JANE ROE and KIP HOLLAND )
)
)
)Plaintiff(s}
v. t-lC \fr4c~nr5 20 ~-tyl~xCITY OF SAN LUIS OBISPO; COUNTY OF SAN
LUIS OBISPO; CORY PIERCE; and DOES 1 through )
'. '0 inclusive . )
)
Defendant(s} )
SUMMONS IN A CML ACfION
To: (Defendant's name and address) City of San Luis Obispo, 990 Palm Street, San Luis Obispo. CA 93401
County of San Luis Obispo, 1055 Monterey Street, San Luis Obispo. CA 93408
Cory Pierce, Federal Bureau of Prisons, Metropolitan Correctional Center, 808 Union
Street San Diego, CA 92101
A lawsuit has been filed against you.
Within 21 days after service ofthis summons on you (not counting the day you received it) -or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R Civ.
P. 12 (a)(2) or (3) -youmust serve on the plaintiff an answer to the attached complaint or a motion under Ru1e 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are: Stephen K. Dunkle .
SANGER SWYSEN & DUNKLE
125 E. De La Guerra Street, Suite 10~
Santa Bai-bara, CA 93101 . ';,-.f ,b.:'" "
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
FEB 282014 .
. ' Date: ______-'--___
; ~.
Signature of
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A0440 (Rev. (6/12) SummonS in a Civil Action (page 2)
Civil Action No.
. PROOF OF SERVICE
(This section should not be flied with the court unless required by Fed. R. CW. P. 4 (I))
. This summons for (name ofindividual and title, ifany)
was received by me on (date)
o I personally served the summons on the individual at (place)
on (date) ; or
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a I left the summons at the individual's residence or usual place of abode with (name) .
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual's last known address; or
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o I served the summons on (name ofindividual) ,who is
~--~--
designated by law to accept service ofprocess on behalf of (name oforganization)
on (date) ; or
a I returned the summons unexecuted because ; or
o Other (specify);
My fees are $ for travel and $ for services, for a total of $ 0.00
I declare under penalty ofpetjury that this information is true.
Date:
Server's signature
Printed name and title
Additional information regarding attempted service, etc:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES
This case has been assigned to District Judge ___---'R::.=.:...cG=.:aryc:::c...i-;;;.;;K=la=u:::.;sn:::,:e::..r____ and the assigned
Magistrate Judge is MichaelR Wilner
The case number on all documents flIed with the Court should read as follows:
2:14-cv-OlS20 RGK-MRWx
Pursuant to General Order 05-07 ofthe United States District Court for the Central District of
California, the Magistrate Judge has been designated to hear discovery related motions.
All discovery related motions should be noticed on the calendar ofthe Magistrate Judge.
Clerk, U. S. District Court
February 28, 2014 By SBOURGEOIS
Date Deputyderk
NOTICE TO COUNSEL
A copy ofthis notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).
Subsequent documents must be filed at the following location:
[El Western Division o Southern Division o Eastern Division
312 N. Spring Street, G-8 411 WestFourthSt., Ste 1053 3470 Twelfth Street, Room 134
Los Angeles, CA 90012 Santa Ana, CA 92701 Riverside, CA 92501
Failure to file at the proper location will result in your documents being returned to you.
CV-18 (08/13) NOTICE OF ASSIGNMENT TO UNITED STATIlS JUDGES
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ftLEO
SANGER SWYSEN & DUNKLE
Attorneys at Law 201~FEB 28 AM 11: 30
Stephen K. Dunkle, SBN 227136 .
125 E. De La Guerra St. Suite 102 CLERK U:S. OlSTRHifT anuRT
{itJtTRAl 0[5T. OF CAltl-:Santa Barbara, California 93101 1.,.6S ANGELESTelephone: (805) 962-4887 By;:______-FacsImile: (805) 963-7311
. . sdunkle@sangerswysen.com
Attorneys for Plaintiffs,
Jane Roe and Kip Holland,
UNITED STATES DISTRICT COURT
FOR THE CENiRAL DISTRICT OF CALIFORNIA
•JANE ROE and KIP HOLLAND, .. ~a~i(o.-1 5 20 W -M'(LW j..
Plaintiffs, COMPLAINT FOR DAMAGES FOR:
1. VIOLATION OF CIVIL RIGHTS [42,VS.
U.S.C. § 1983]; ,
CITY OF SAN LUIS OBISPO; .
2. VIOLATION OF CIVIL RIGHTS [42
COUNTY OF SA,N"LUIS OBISPO; U.S.C. § 19831;
CORY PIERCE; and DOES 1 through
3. VIOLATION OF CIVIL RIGHTS
~O inclusive, ' MONELL CLAIM [42 U.S.C. §§ 1983,
1988]
Defendants. 4. EXTORTION '
5. NEGLIGENCE
DEMAND FOR JURy TRIAL
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Plaintiffs, JANE ROE and KW'HOLLAND, hereby allege 1ls follows:
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JURISDICTION AND VENUE
l. Jurisdiction of this Court is invoked under 28 U.S.C. §§ 1343, (1), (2),(3) and (4). This
action at law fonnoney damages ruises under Title 42 U.S.C. § 1983, Title 42 U.S. C. §
1985 and the United States Constitution, the laws of the State ofCalifornia and common
law principles to redress a deprivation under color of state law of rights, privileges and
immunities secured by Plaintiffs by said statutes, and by the First, Fourth, Thirteenth and
Fourteenth Amendments to the United States Constitution.
2. Venue in this district and division is proper under 2~U.S.C. §1391 (b) and 29 U.S.C. §
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COMPLAINT FQR; n'AMAGES
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1132 (e), because a substantial portion of the events giving rise to the claims asserted
. herein occurred in the County of San Luis Obispo, within the Central District of
California.
ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
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3. At all times herein mentioned, . Plaintiff JANE ROE ("ROE"), was a resident ofthe
County of San Luis Obispo, California.
4. At all times herein mentioned, Plaintiff KIP HOLLAND ("HOLLAND"), was a
resident of the County of San Luis Obispo, California.
5. At all times herein mentioned, Defendant CORY PIERCE (''PIERCE'') was employed
as a peace offi~r with the City of San Luis Obispo and the San Luis Obispo Police
Department.
6. Defendant CITY OF SAN LUIS OBISPO ("CITY") is and at all times herein
mentioned has been a public entity and an incorporated city duly authorized and
. . existing as such in and under the laws ofthe State of California; and at all times herein
mentioned, CITY has possessed the power and authority to adopt policies and
prescribe rules, regulations and practices affecting the operation of the San Luis
Obispo Police Department, and particularly said Department's Narcotics, Patrol,
Internal fuvestigations and Training and Personnel Divisions and other operations and
subdivisions presently unidentified to'Plaintiffs, and their tactics, methods, practices,
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customs and usages.
7. At all times herein mentioned, PIERCE was assigned to the Narcotics TaskForce with
the San Luis Obispo County Sheriffs Office ..
8. Defendant COUNTY OF SAN LUIS OBISPO ("COUNTY") is and at all times herein
. mentioned has been a public entity and a county duly authorized and existing as such
in and under the laws of the State of California; and at all times herein mentioned,
COUNTY has possessed the power and authority to adopt policies and prescribe rules,
regulations and practices affecting the operation ofthe San Luis Obispo Sheriff's
Office, and particularly said Offices's Narcotics Task Force, Intemal fuvestigations
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and Tniining and Personnel Divisions and other operations and subdivisions presently 1
unidentified to Plaintiffs, and their tactics, methods, practices, customs and usages. 2
3 9. Plaintiffs are infonned and believe and thereon allege that each of the Defendants
4 designated as a DOE are intentionally responsible in som~matmer for the events and
5 happenings herein referred to, and thereby proximately caused injuries anddarnages as
6 herein alleged. The true names and capacities of DOES 1 through 50, inclusive, and
7 eac4 of them, are not now lqIown to Plaintiffs who therefore sue said Defendants by
8 such fictitious names and Plaintiffs shall seek leave of the Court to 'amend the
9 Complaint to allege the true names and capacities of said Defendants as they are
10 ascertained.
11 10. Defendants, and each ofthem, did the acts and omissions hereinafter alleged in bad
12 faith and with knowledge that their conduct violated well established and settled law.
13 11. Pl('iintiffs sue each and all Defendants in both their individual and official capacities.
14 12. Plaintiffs are infonned and believe, and thereon allege, that Defendant CITY trained
·15 and hired as a law'enforcement officer Defendant PIERCE.
16 13. Plaintiffs are informed and believe, and thereon allege, that on or about the dates
17 when the events surrounding the injuries to Plaintiffs occurred, Defendant PJERCE
18 was acting in his capacity as a law enforcement officer employed by Defendant CITY.
19 14. Plaintiffs are infOlmed and believe, and thereon allege, that on or about the dates
, '20 when the events surrounding the injuries to Plaintiffs occUlTed, Defendant PIERCE
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21 was acting in his capacity as a law enforcement officer assigned to Defendant
22 COUNTY'S Narcotics Task Force.
23 15. Defendant PIERCE fIrst came into contact with JANE ROE and KIP HOLLAND in
24 March of 20 11. HOLLAND was arrested for possession of heroin by officers from
25 the Grover Beach Police Department following a traffic stop. The Grover Beach
26 Police Department called in PIERCE who transported HOLLAND to the San Luis
27 Obispo Police Department. PIERCE attempted to interrogate HOLLAND, but
28 HOLLAND asserted his right to remain silent. HOLLAND was booked into the jail.
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COMPLAlNT FOR DAMAGES
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1 16. When HOLLAND was released from jail, he noticed ~hat his wallet was missing from
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the property returned to him. He left a message for PlERCE mquiring about the
wallet and later received a call back from PIERCE. PIERCE instructed him to pick up
the wallet at the San Luis Obispo Police Department. HOLLAND drove to the police .
department with his giIlfriend JANE ROE to pick up his wallet. ROE went into the
police department and PIERCE returned the wallet. He requested ROE's phone
number and ROE gave it to ~.
17. PIERCE called ROE and asked her to obtain prescription painkillers for him. He told
ROE not to mention the request to HOLLAND. ROE told him she was not interested
in obtaining drugs for him. However, PIERCE persisted. He called her repeatedly
until ROE gave in. PIERCE led her to believe that ifshe did what he said, he would
help. HOLLAND ""ith his criminal charges. PIERCE diIected ROE not to tell
HOLLAND what she was doing but HOLLAND. eventually found out anyway.
PIERCE later demanded that HOLLAND obtain drugs for him as well.
18. In April of2011, HOLLAND entered a plea in his drug possession case and was
placed on probation. He was sentenced to 20 days in jail as a condition ofprobatiol1
. and ordered to report to probation upon his release. However,'PIERCE came to the
jail and picked him up early. PIERCE told him not to report to probation and that he
would take care of it As a result, HOLLAND had almost no contact with his assigned
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probation officer and did not participate in drug testing B-f treatment:
19. PIERCEfs demands ofROE and HOLLAND increased as time passed. In addition to
painkillers, PIERCE demanded that ROE and HOLLAND obtain money and heroin
for hiIh. PIERCE gave ROE and HOLLAND information regarding police
investigations so that they would not be caught obtaining drugs for him. PIERCE told
them which drug houses to stay away from and advised them to obtain drugs at other
locations.
20. In March of2012, PIERCE gave ROE placebo oxycodone pills and directed her to
trade the pills to drug dealers for painkillers. PIERCE also provided ROE with
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methamphetamine.
21. ROE spent approximately six weeks in a drug rehabilitation program in Santa Barbara
County, beginning in April of2012. She got rid of her p)J.one so that PIERCE could
not reach her. When she left the program and returned to San Luis Obispo County,
PIERCE contacted her and again demanded that she supply him With drugs, which led
to a relapse.
7 22. In June of2012~ PIERCE directed ROE and HOLLAND to set up a drug dealer to rob
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him. At PIERCE's direction, ROE and HOLLAND arranged a meeting with a drug
dealer. PIERCE pulled over th~ drug dealer shortly after the meeting and robbed him
at gunpoint.
23.· On numerous occasions, PIERCE directed ROE to go to emergency rooms and falsely
describe symptoms so that she could obtain prescription painkillers for him. PIERCE
followed her from the emergency room to a pharmacy to ensure that she complied
with giving him the drugs. The prescription drugs include painkillers and drugs that
. treat opiate addiction.
24. PJERCE threatened ROE and HOLLAND with imprisonment ifthey did not comply
with his demands. He follo'!Ved through with the flu'eat and had HOLLAND arrested
and b:t;'ought before the court on an alleged probation vioJption. The judge ordered
HOLLAND to repOlt to probation, but PIERCE again ~old hjm that he would take care
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of it. PIERCE also made threats ofviolence, telling ROE th~t he could riilike her and
HOLLAND disappear. ROE and HOLLAND lived in constant fear ofPJERCE. They
believed he was capable of using his position as a police detective to plant drugs on
them and have them arrested or cause them physical hann.
24 25. PIERCE used his position as a police detective to force ROE into engaging in sexual
25. acts with him. PIERCE used the threat of arresting ROE and HOLLAND to force her
26 to submit. In particular, PJERCE forced ROE into an act of oral copUlation and, on
27 another occasion, forced sexual intercourse. There was an additional incident when
28 he pushed and rubbed his body up against her.
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COMP~~FORDAMAGES
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26. In November of2012, ROE was arrested for entering a commercial dwelling, burglary
and grand theft. She was placed in custody at the San Luis Obispo County Jail.
27. In January of 2013, ROE and HOLLAND reported PIERCE's conduct to the FBI and
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began cooperating with a federal investigation. HOLLAND agreed to record his
conVersations with PIERCE. The recorded conversations documented PIERCE
delilanding that HOLLAND buy and sell drugs for him.
28. On February 5, 2013, PIERCE was arrested by the FBI. On March 1,2013, he was
indicted in United States District Court for the Central District of California for
bribery in violation of Title 18 USC § 666(a)(1)(B) and extOltion in violation of Title
18 USC § 1951. On July 8, 20 13"Piece entered a plea of guilty to one count of
extortion. On December 9,2013, he was sentenced to IS-months in the Bureau of
Prisons. He began serving his sentence on January 27, :?-014.
29. As a result of her arrest in November of20 12, ROE was sentenced to serve a jail term
at the San Luis Obispo County Jail. As a result ofher cooperation in the investigation
of PIERCE, ROE is serving her jail time in protective custody. She is confmed to a
10xlO cell for 23 hours it day. Unlike inmates in the general population, she is unable
to participate in self-improvement programs atthe jail inc1udinga 12-step program.
30. Plaintiffs timely fIled government tort claims with CITY.
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FIRST CAUSE OF ACTION BY PLAINTIFF JANE RO'JtFOR VlC)LATION OF
CIVIL RIGHTS AGAINST DEFENDANT PIERCE
(42 U.S.C.§ 1983)
31. Plaintiff JANE ROE incorporates by this reference, as if fully set forth herein, the
allegations set forth in the preceding paragraphs ofthis Complaint.
32. Commencing at or· about the aJorementioned dates and places, withqut cause or
justification, and acting under color of law) Defendant PIERCE intentionally and
maliciously deprived ROE ofrights secured to her by the First, Fourth, '.Ihirteenth and
Fourteenth Amendments to the United States Constitution. PIERCE subjected ROE to
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COMPLAINT FOR DAMAGES
I extortion, iridentured servitude, sexual assault and molestation and deprived her ofrights
2 secured by the United States Constitution.
3 33. As a proximat~'restilt of the aforesaid acts and omi:;;sions of PIERCE, ROE sustained
4 great physical and mental pain and shock to her nervous system, fear. anxiety, tOrrilent,
5 degradation and emotional distress ..
6 34. By reason ofthe aforementioned acts and omissions ofPIERCE, ROE was compelled to
7 secure the services of an attorney at law to redress the wrongs hereinbefore mentioned
8 and 1:>Y virtue thereof, ROE is indebted and liable for attorneys fees.
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35. The aforementioned acts and omissions ofPIERCE were committed knowingly, wilfully
I I) and maliciously, with the intent to harm, injure, vex, harass and oppress ROE with a
conscious disregard ofROE's constitutional rights and by reason thereof, Plaintiff seeks Ii
punitive and exemplary damages from PIERCE in an amount as proved. 12
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14 SECOND CAUSE OF ACTION BY PLAINTIFF KIP HOLLAND FOR
15 VIOLATION OF CIVIL RIGHTS AGAINST DEFENDANT PIERCE
16 (42 U;S.C.§ 1983)
17 36. Plaintiff KIP HOLLAND incorporates by this reference, as if fully set forth herein, the
18 allegations set forth in the preceding paragraphs of this qomplaint.
19 37. Commencing at or about the aforementioned dates and places, without cause or
20 . justification, and. acting under color of law, Defendant PIERCE intentionally and
21 maliciously deprived HOLLAND ofrights secured to him by the First, Fourth, Thirteenth
22 and Fourteenth Amendments to the United States Constitution. PIERCE subjected
23 HOLLAND to extortion and indentured servitude and deprived him ofrights secured by
24 the United States Constitution.
25 38. As a proximate result .of the aforesaid acts and omissions of PIERCE, HOLLAND
26 . sustained mental pain and shock to his nervous system, fear, anxiety, torment,
27 degradation and emotional distress.
28 39. By reason of the aforementioned acts and omissions of PIERCE, HOLLAND was
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COMPLAINT FOR DAMAGES
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compelled to secure the services of an attorney at law to redress the wrongs hereinbefore
mentioned and by virtue thereof, HOLLAND is indebted and liable for attorneys fees.
40. The aforementioned acts and omissions ofP~RCE were committed knowingly, wilfully
and maliciolisly, with the intent to hann, injure, vex, harass and oppress HOLLAND with
a conscious disregard of HOLLAND's constitutional rights and by reason thereof,
HOLLAND seeks punitive and exemplary damages from PIERCE in an amount as
prov~d.
9 THIRD CAUSE OF ACTION BY PLAINTIFFS JANE ROE AND KIP HOLLAND
10 FOR VIOLATION OF CIVIL RIGHTS (42 U.S.C.§§ 1983, 1988) AGAINST
11 DEFENDANTS CITY AND COUNTY (MONELL CLAIM) .
12 41. Plaintiff ROE incOrp<:>rates by this reference, as if fully set forth: herein, the allegations
13 set forth in the preceding paragraphs of this Complaint.
14 42. Defendants CITY and COUNTY are and at all times herein mentioned have been public
15 entities and municipalities duly authorized and existing as such in and under the laws of
16 the State of California; and at all times herein mentioned, possessed the power and
17 authonty to adopt policies and prescribe rules, regulations and practices affecting the
-,
18 operation of the San Luis Obispo Police Department arid San Luis Obispo County
19 Sheriffs Office, respectively, and in the tactics, methods, practices, customs and usages .
·20 related to internal investigations, personnel supervision and recordS maintenance, and the
21 proper uses of force by their rank and file, generally.
22 43. At all times herein mentioned, Defendants CITY and COUNTY implicitly or expli~itly
23 adopted and implemented careless and reckless policies, customs, or practices, and failed
24 to provide sufficient training for Defendant PIERCE.
25 44. Defendants CITY and COUNTY knowingly maintain and pennit official sub-rosa
26 policies or customs ofpennitting the occurrence ofthe kinds ofwrongs set forth herein,
27 by deliberate indifference to police abuse" failing and refusing to fairly and impartially
28 investigate. discipline or prosecute peace officers who commit acts of felonious
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dishonesty and crimes, each ratified and approved by CITY and COUNTY.
45. Defendants CITY and CO UNTY' Scustoms, policies, practices andlor procedures create
and allow for, inter alia, an ongoing pattern by all Defendants of condoning and having
a deliberate indifference toward citizens' constitutional rights, specifically in connection
with PIERCE'S violations ofPlaintiffs' rights.
46. Defendants CITY and COUNTY's customs, llolicies, practices andlor procedures create
and allow for, inter alia, a failure by CITY and COUNTY to adequately train, supervise"
8 discil'line. screen and hire police officers in connection with citizens' constitutional
·9 rights.
47. Specifically, but not limited to, the policy of failing to train and supervise narcotics
11 officers working with informants allowed Defelldant PIERCE to act with inipunity in
12 connection with violating citizens' constitutional rights.
13 48. Defendants CITY and COUNTY"S actions constitute deliberate indifference ..
14 49. DefendantplERCE acted in confonnity with this policy of deliberate indifference to
constitutional rights when he violated Plaintiffs" civil rights.
16 50. Defendants CITY and COUNTY's policies, customs or practices, caused Plaintiffs'
17 injuries.
18 51. As a direct and proximate result of Defendants CITY and COUNTY'S acts and
19 omissions, Plaintiffs have suffered and continues to suffer from mental pain, fear"
anxietY, tonnent, degradation and emotional distress.
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22 FOURTH CAUSE OF ACTION BY PLAINTIFFS JANE ROE AND KIP
23 HOLLAND FOR EXTORTION AGAINST DEFENDANTS CORY PIERCE AND
24 CUY OF SAN LmS OBISPO
52. Plaintiffs ROE and HOLLAND incorporates by this reference, as if fully set forth
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herein, the allegations set forth in the preceding paragraphs of this Complaint.
27 53. Defendant PIERCE; with the intent to extort money and property from Plaintiffs,
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made express and implied threats:
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COMPLAINT FOR DAMAGES
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a. to do an unlawful injury to the person 01' property of Plaintiffs;
b. to accuse Plaintiffs of crimes;
c. to expose, or impute to Plaintiffs, alleged crimes; and
. d.to expose secrets affecting Plaintiffs.
54. Defendant PIERCE made the threats described above fo extort money and other
property from Plaintiffs, i.e. to obtain money and property from Plaintiffs with their
c(jnsent~ which consent PIERCE sought to induce by a wrongful use of fear.
55. Defendant PIERCE made the following specific threats in order to wrongfully
generate fear in Plaintiffs: (1) to arrest and incarceratePlaintiffs for crimes they did
not commit; and (2) to make Plaintiffs "disappear."
56. The extortion caused Plaintiffs great physical and mental pain and shock to their
nervous systems, fear, anxiety, torment, degradation and emotional distress.
57. Defendant PIERCE was acting in the course and scope ofhis employment with the
San Luis Obispo Police Department and Defendant CITY is vicariously liable
pursuanttoCalifornia Government Code § 815.2.
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17 FIFTH CAUSE OF ACTION BY PLAINTIFFS JANE ROE AND KIP HOLLAND
18 FOR NEGLIGENCE AGAINST DEFENDANTS CORY PIERCE AND CITY OF
19 SAN LmS OBISPO
'20 58. Plaintiffs incorporate by reference the allegations contained in the Ijr~C'ediIigparagiaphs
·21 inclusive, as though fully set forth therein.
22 59. Defendant PIERCE owed a duty of care to Plaintiffs and breached that duty by
23 . negligently and unreasonably extorting Plaintiffs without legal justification.
24 60. Defendant PIERCE was acting in the Course and scope of his employment with the San
25 Luis Obispo Police Department and Defendant CITY is vicariously liable pursuant to
26 California Government Code § 815.2.
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PRAYER
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WHEREFORE, PLAINTIFF prays for jUdgment against Defendants, and each of them,
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COMPLAINT FOR DAMAGES
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for the following: .
1. For general damages according-to proof;
2. For special damages according to proof;
3. For pumtive damages as provided by law, in an: amount to be proved against each
-individual Defendant, except CITY and COUNTY;
4. For attorney's fees pursuant to 42 U.S.C. § 1988.
5. For costs of suit;
6. For such other and further relief as the Court may deem just and proper .
Dated: February 25, 2014
.SANGERSWYSEN & DUNKLE<Zt.UL-.By:
Stephen K. Dunkle .----~--
Attorneys for-Plaintiffs
Jane Roe and Kip Holland
: ... ,'
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DEMAND FORJURYTRIALi
Plaintiffs hereby demand a jury trial as provided by Rule 38(a) ofthe Federal Rules of
Civil Procedure.
Dated: February 25,2014 & DUNKLE
By: £l.DunYJe--·----------~
Attorneys for Plaintiffs
Jane Roe and Kip Holland
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COMPLAINT FOR DAMAGES
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Case 2:14-cv-01S20-RGK-MRW Document 6 Filed 03/05114 . dge 1 of 6 Page ID #:27
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
JANE ROE AND KIP HOLLAND, CASE NO. CV-14-1520 RGK
(MRWx)
Plaintiff(s)
STANDING ORDER REGARDING
V. NEWLY ASSIGNED CASES .
CITY OF SAN LUIS OBISPO,et al.,
Defendant(s)
READ THIS ORDER C.AR:EFUIJLY. IT CONTROLS TIDS CASE.
This action has been assigned to the calendar of Judge R. GarY Klausner. The
responsibility for the progress oflitigation in the Federal Courts falls not only upon the
attorneys in the action, but upon the Court as well. "To secure the jus~ speedy, and
inexpensive determination of every action," Federal Rule of Civil Procedure 1, all
counsel are hereby ordered to familiarize themselves with the Federal Ru1es of Civil
Procedure, particularly Federal Rules ofCivil Procedure 16,26, the ~ocal Rules ofthe
. Central District of California, this Court's Order for Jury Trial, and this Court's Order
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for Court Trial.I
UNLESS OTHERWISE ORDERED BY THE COURT, THE
FOLLOWINGRULESSBALLAPPLY:
1. Service of the Complaint.· The Plaintiff( s) shall promptly serve the
Complaint in accordance with Fed. R Civ. P. 4 and file the proofs ofservice pursuant
to Local Rule. Any Defendant(s) not timely served shall be dismissed from the action
without prejudice. Any "DOE" or fictitiously-named Defendant(s) who is not
identified and served within 120 days after the case is filed shall be dismissed pursuant
to Federal Rule of Civil Procedure 4(m).
2. Removed Actions. Any answers filed in state court must be refiled in this
Court as a supplement to the petition. Any pending motions must be re-noticed in
accordance with Local Rules. Ifan action is removed to this Court that contains a form
pleading, i.e., a pleading in which boxes are checked, the party or parties utilizing the
form pleading must file an appropriate pleading with this Court within thirty (30) days
ofreceipt ofthe Notice ofRemoval. The appropriate pleaditig refwed to must comply.
with the requirements of Federal Rules of Civil Procedure, Rules 7, 7.1, 8,9, 10 and
11.
3. Petitions under 18 U.S.C. Section 983(f). Petitioner(s) shall flleand serve
within 3 days of the date of this order an ex parte application requesting a hearing on
the Petition to ensure prompt resolution of the Petition in compliance with section
1Copies ofthe Local Rules are available on our website at "http:\\www.caoo.uscourts.gov" or they may be
purchased from one ofthe following:
Los Angeles Daily Jolllilal West Group Metropolitan News
915 East 1st Street 610 Opperman Drive 210 South Spring Street
Los Angeles, CA 90012 P.O. Box 64526 Los Angeles, CA 90012
st. Paul, MN 55164-0526
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Case 2:14'"cv-01520~RGK-MRW Document 6 Filed 03/05/14 . age 3 of 6 Page ID #:29
983(trs deadlines.
4. Presence of Lead CounseL The attorney attending any proceeding before
this Court, including aU status and settlement conferences, must be the lead trial
counsel.
5. Discovery. All discovery matters have been referred to a United States
Magistrate Judge to hear all discovery disputes. (The Magistrate Judge's initials follow
the Judge's initials next to the case number.) All documents must include the words
"DISCOVERY MATTER" in the caption to, ensure proper routing, Counsel are
directed to contact the Magistrate Judge's Courtroom Deputy Clerk to schedule matters
for hearing. Please do not deliver courtesy copies of these papers to this Court;
The decision of the Magistrate Judge shall be final, subject to modification by
the District court only where it has been shown that the Magistrate Judge's order is
clearly erroneous or contrary to law. Any party may file and serve a motion for review
and reconsideration before this Court. The moving party must file and serve the
motion within ten (10) days of service of a written ruling or within ten (10) days ofan
oral ruling that the Ma~strate Judge states will not be followed by a written ruling.
The motion must specify which portions of the text are clearly erroneous or contrary
to law, and the claim must be supported by points and authorities. Counsel shall
deliver a conformed copy ofthe moving papers andresponses to theMagistrate Judge's
clerk at the time offiling. "" ';' >,
6. Motions. Motions shall be filed and set for hearing in accordance with Local
Rule 6-1, except that this Court hears motions on Mondays commencing at 9:00 a.m.
If Monday is a national holiday, this Court will hear motions on the succeeding
Tuesday. Ifthe date the motion was noticed for hearing is not available, the Court will
issue a minute order resetting the date. Any opposition or reply papers due on a
holiday are due the preceding Friday, not the following Tuesday_ Memoranda of
Points and Authorities in &UPport of or in opposition to motions shall not exceed
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· Case 2:14-cv-01520-RGK-MRW Document 6 Filed 03/05/14 . dge 4 of 6 Page ID #:30
20 pages. Replies shall not exceed 10 pages. Only in rare instances and for good.
cause shown will the Court agree to extend these page limitations. Pursuant to Local
Rule, either a proportionally spaced or monospaced face may be used. A·
proportionally spaced face must be 14-point or larger, or as the Court may othelwise
order. A monospaced face may not contain more than 10Ya characters per inch.
Without prior permission from the Court, no party may flle more than one
motion pursuant to Fed.R.Civ. P. 56 regardless ofwhether such motion is denominated
as a motiou·for summary judgment or summary adjudication.
7. Proposed Orders. Each party filing or opposing a motion or seeking the
determination of any mattershall serve and lodge a proposed order setting forth the
relief or action sought and a brief statement of the rationale for the decision with
appropriate citations.
·8. Telephonic Hearings. The Court does not permit appearances or arguments
by way of telephone conference calls.
9. Ex Parte Applications. The Court considers ex parte applications on the
papers and does not usually set these matters for hearing. Ifa hearing is necessary, the
parties will be notified. Ex parte applications are solely for extraordinary relief and
should be used with discretion. Sanctions may be imposed for misuse of ex parte
applications... See Mission Power Engineering Co. v. Continental Casualty Co., 883
F.Supp. 488 (C.D. Cal. 1995). c, .
Counsel's attention is directed to the Local Rules. The moving party shall serve
the opposing party and shall notify the opposition that opposing papers must be filed
not later than 3 :00 p.m. on the frrst business day following service. Ifcounsel does not
intend to oppose an ex parte application, he or she must inform the Courtroom Deputy
Clerk at (213) 894-2649.
10. Continuances. This Court has a strong interest in keeping scheduled dates
certain. Changes in dates are disfavored. Trial dates set by the Court are firm and will
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ICase 2:14-cv-01520-RGK-MRW Document 6 Filed 03/05/14 age 5 of 6 Page JD #:31
rarely be changed. Therefore, a stipulation to continue the date of any matter before
this Court must be supported by a sufficient basis that demonstrates good cause why
the change in the date is essential. Without such compelling factual support, '
stipulations continuing dates set by this Court will not be approved.. Counsel
requesting a continuance must lodge a proposed stipulation and order including a
detailed declaration ofthe grounds for the requested continuance or extension oftime.
See Local Rilles. Failure to comply with the Local Rules and this Order will result in
rejection of the request without further notice to the parties. Proposed stipulations
extending scheduling dates do not ~ecome effective unless and until this Court so
orders. Counsel wishing to know whether a stipulation has been signed shall comply
with the applicable Local Ru1e.
11. Communications with Chambers. Counsel shall not attempt to contact
the Court or its staff by telephone or by any other ex parte means. Counsel may.
contact the CourtroomDeputy Clerk with appropriate inquiries only. Counsel shall not
contact the Courtroom Deputy regarding status of ex parte application/ruling or
stipulation/ruling.
12. Order Setting Scheduling Conference. Pursuant to Federal Rule of Civil
Procedure 16(b), the Court will issue an Order setting a Scheduling Conference as
required by Federal Rule of Civil Procedure 26 and the Local Ru1es of this Court.
Strict compliance with Federal Ru1es of Civil Procedure 16 and 26 is required.
13. Notice of this Order. Counsel for plaintiff or plaintiff (if appearing onhis
or her own behalf) shall immediately serve this Order on all parties; including any new
parties to the action. If this case came to the Court by a Petition for Removal, the
removing defendant(s) shall serve this Order on all other parties.
14. Courtesy Copies: Courtesy copies are not required with documents filed
traditionally over the intake counter. Couliesy copies are required for documents filed
electronically and shall be delivered to the judge's courtesy copy drop box located
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Case 2:14-cv-01S20-RGK-MRW Document 6 Filed 03105/14 j-dge 6 of 6 Page ID#:32
outside of the Clerk's Office, Room 181L, no later than the following business day.
15. Applications to File Documents Under Seal: For detailed instructionS and
infonnation on the pilot project regarding the submission ofsealed documents, please
refer to the judge's procedures and schedules on the Comi:'s website. All applications
.must provide reasons( s) as to why the parties' interest to file the documents( s) under
seal outweighs the public's right to access. All applications must also indicate which
portions ofthe-documents to be filed under seal are confidential. . If a party submits an
application to file under seal PUl:suant to a protective order only (i.e., no other reason
is given), the application will be denied unless the Court receives within 48 hours
from the notice offiling a document providing (l) the reasons the document should be
filed under seal; and (2) the portions within the document that are confidential. This
document shall be entitled: "ADDENDUM TO APPLICATION TO FILE UNDER .
SEAL PURSUANT TO PROTECTIVE ORDER".
DATED: MARCH 5, 2014 9o~"..v
R. GARY KLAUSNER·
, United States District Judge
Revised 07/2013 6
UNITED::... r\TES DISTRICT COURT, CENTRAL DISTRICT Ot-....AlIFORNIA
CIVIL COVER SHEET
I. (a) PLAINTIFFS (Check box if you are representing yourself 0 ) DEFENDANTS ( Check box if you are'representing yourself 0 )
CITY OF SAN LUIS OBISPO;OOUNlY OF SAN LUIS OBISPO; CORY PIERCE; and DOES 1JANE ROE and KIP HOllAND through 50 Inclusllte
(b) County of Residence of First listed Plaintlff Sim lUis Obispo County of Residence of First listed Defendant
(E1{CEPTIN u.s. PLAINTJFF CASES) . (IN U.s:. PlAINrIFF CASES ONLY)
(c) Attorneys (Firm Name,Address and Telephone Number) Ifyou are AttomeYS(Firm Name; Address and Telephone Number} If you are
representing yourself, proVide the same information. representing yourself, provide the same information.
Stephen 1<. Dunkle, SANGER SWYSEN &: DUNKLE. 125.E. De La Guerra Street, Santa
Barbara,(A 93101, (805) 9624887
II. BASIS OF JURISDICTION (Place an Xin one box only.)
o 1. US.Government [8J 3. Federal' Question {US.
Plaintiff Government Not a Party;
o 2 U.S. Government 04.DiversitY (Indicate Citizenship
Defendant of Parties in Iter:n iii)
III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only
,(Place an XIn one box for plaintiff and one for defendant)
PTF IlEF PTF DEFIn(orporated or Principal PlaceOtizen ofThisState 0' 01 04 04of Business in this State
Citizen ofAnotherState 0 2 02 Incorporated and Prindpal Place 0 .5 0 5
ofBusiness in AnotherState
Citizen o~ Subject ofa
3 3 6 5Foreign Nation Foreign Country 0 0 0 0
.IV. ORlGIN (Place an X in one box only.) . , ~~~.15{1 1. Original 0 2. RemOlted from 0 3. Remanded from O 4. Reinstated or 0 S. Tra,nsferred from Another 0 District ~ Proceeding State Court Appellate Court Reopened District (Spe<:ify) litigation
V. REQUESTED IN COMPLAINT: JURY DEMAND: {gj Yes 0 No (Check "Yes" only if demanded in complaint.)
CLASS ACTlON under F.R.Cv.P. 23: DY-e.s [8] No IR1 MONEY DEMANDED IN COMPLAINT: $ According to proof
VI. CAUSE OF ACTION (Cite the U.S. CMI Statute under which you are filing and write a br1ef statement of cause.. Do not citejurlsdictlonal statutes.unless diversity.)
42 US.C section 1983, 1988 for Itiolation of Plaintiffs' eMl rights; additional state lawdaims under supplemental jurisdiction pursl.Iantto 28 US.C section 1367 for extortion
and negligence
VII. NATURE OF SUIT (Place an X in one box only).
C<91!1I;;R,J!~f!.!nj·~': '.' ~:::",:,i~Q~~q;:~;1"{ ,~~~r::r.~Or.~D';'9.rij"~ :!Nt~iGli{\tIQN"""::,: :,,({ ~!l1~9,ffEJl ~~'1l9~~,'~; :,. ,''':}~R9~E~~rRIQHT~ "~: . :
0375 False Claims Act Dl1O!nsurance 240Tortstoland o 462 Naturalization HabeasCol"pus: o 820 Copyrights
O 400 5·........ ..'''~
Reapportionment
o 410 Antitrust
0 . 120 Marine
o 130 Miller Act
40 N • bl
245 Tort Product
Liability
29() All Other Real
Prope
Application
0 465 Other
n Actions
"',' S<"::';<":: "..
0
0
0
463 Allen ""alnee'''''''
510 Motions to Vacate
Sentence '
530 Geneml
0 830 Patent
0 840 Trademark: ,~.;,7';~'-.:,-=-So-=-."'q'-"-=""""--'" o 430 Banks and Banking 0 :nstru:;:~~a e.,p ~.rN,:~,J~j,;,:t,;,)i 'O:r~3S7~0'-"~O':Ath\Pr~F'bra:'~u'EdJW.f 0 535 Death Penalty 0 861 HIA 11 ,-"-,--.:....::.",-.:..1 o ~;~~merceJlCC 0 iiv'!~C;~:';t~ 0 31 oAirplane' ~'~~7:""'.otllel':,',':::---::':: 0 l!62BlackL~ng(923)
0460 Deportation Enforcement of o 31 5 Airplane 0 371TruminLending 0540MandamuS/Otner 0863DIWClDIWW(40S{g))
0 ,47.0 Racketeerfnflu
. enced&CorruptOrg.
Judgment o 151 Medicare Act
ProductUabir.1fy" O· 320Assaulr.Lihel&
0 3800 h P It er ersooa
PropertyOamage
0 5500 .,,,. h'. VI £119 ts o 555 Prison Condition
0
0 864 SSIO TItle XVI
0480 (onsumerCredit
40 90 CableJSatlV
O 850. SeclIrities/Com
mod,' "'--11 rues,,,,,,,-ange
O 890 Othe(Statutory
Adioos o 891 AgrlculturalActs
O 893 Environmental
Matters
895 FreedomoflnlO.0 Act o 896 Arbitration
Slander 865 RSI (405 (g»)
152. Re(overyof 330 Fed. Employers' 0385prop,:rty.,?amag e 560CMlDetainee b .. ~,-==="=,=-:.,.--=:..,..,,,,~--:-....o Defaulted Student 0 liabnity' Product Uabl!tIy 0 Conditions of ::-.;i' ; .. fEDE!\A ,~TJ\.:M;~!I.I1S;.: '
Loan (Fxd.Vet.) q 340Marine 'BII.!,!KRI,J,prev ,;·' '. eon!inement_,_. .~ 870 Taxes (U.S.Plaintlffor
153 R~over.y of 0 422 Appeal 28 , J:9~~I;'IJt!RElPE!'IAt;D':, 0 Defendant)~ 345 Marine product0 Overpayment of 0 Uability USC 158 525 Drug Related 0 8711R5-Third Party 26 USC
Vet Benefits ' D423Withdrawal23 0 Seizureofproperty21 7609 0 160Stockholders' 0 350MotorVehide USC 157 USCB81
Suits 0 3SSMotorVehide :;>::;:,qV!I,~IGH.T$>;;"'; 0' 6900ther
Product liability
O'1900ther o fnfu::herpersona' ~ :~:~9CiltilRi9hts ~;;l~~:;~~~~nd~;~S
O 195Coottact 0 362 PefSOnallnjury-Act
Product liability Med Malpratice 0 442 Employment 0 720 Labor/Mgmt.
Contract
o 196 rranchise '0 36SPersOrialinjUlY-0 443 Housing/ ;Relations
F"=====::7"--l Product Uability Accommodations 0 740 Railway Labor Act
899 Admin. Procedures ,',nEAL.PRoPERTY: 367 Health Carel 44S American with o Act/Review ofAppeal of 0 210 Land 0 Pharmaceutical 0 Oisabillties-0 751 Family and Medical
Agency Decision Condemna.tion Personallnjur.y Employment leave Act 0, 220 Foredosure Product Uabillty 0 446 Amerkan with 0 790 Other labor
,. f 368Asbestos Disabilitles-Other Utigation
950Constitutionattyo 0230RentLease& 0 791E I Ret I 0 StateStatutes E ~""m6nt Personal Injury 0 4481;ducatlon D mp aye" . nc.
"'-, c Produ liabi' Security Act
FOR OFFICE USE ONLY: Case Number. 4,-1520
01-71 (11/13) CIVIL COVER SHEET
UNlTED _ . ATES DISTRICT COURT. CENTRAL DISTRICT O. _ALlFORNIA
CIVIL COVER SHEET
VIII. VENUE: Your answers to the questions below will determine the division ofthe Court to which this case will moS!: likely be initla![yasslgned. This initial assignment
is subjectto change, in accordance with me Court's (Jeneral Orders, upon review by the Court ofyaur Complaint or Notice of Removal.
'Question A: Was this case removed from .. 'STATE CA5~WAS PEN?IN~IN THE COUNlY Of: INIT.IAJ.. DIVISION IN CACDIS; -~
state court? o Yes lEI No
If"no, • go to Question B. If"yes,' check the o Ventura, Santa Bi;lroara, or San luis Obispo Western
box to the right that applies,enter the
corresponding diVision In re5ponse to o Orange Southern
Question D, below, arid skip to Section IX. I-o Riverside ar San Bemardina L-______________.________~____________________________._____________L__________________________
o Los Angeles
Question 8: Is the United Statu, or oile of
its agencies or employees, a party to this
action? .
o Yes lEI No
If"no, • goto Question C. If "yes: checkthe
box to th eright that applies, enter th e
corresponding diviSion in response to
Question 0, below, and sldp to Section IX.
":·:··.;·:.':;~.·P:~.'·.'NT.:.·;~·~:· .:., ..:< .:;A'Da:~DANTi ...
~', ~\:, ,'", ~.•'-. . ... .. . '> . ,. .>';"~~ PJec~~e'~:~'~I~~~~r rl\e,~~~~i~::: '.~~~fied/ih~,~b~lc':' f~rtJ:,e ro,;,!~ ill .
.:<
. whi<;lnhe "",i!>ritY of.P.EfENDA/{TS !t'side:.· . '.WI!IClt the majority of PlAINllFFS reside. '. ~~:~~o los Angeles 0 Los Angeles
··.INmAL
.).f\JIS\qt.i It'! .
.QKDIS:·",
'." ,
~--~-~~~~~
Western
i
o Venttl£a. Santa ~rbaraforSan luis 0 Ventura, Santa Barbara, orSan luis
Ob~po __~___
o Orange 0 Orange
_-+__~O~b~15~'p~o_____"'______________-+ Western
Southern
____________________-
o RjversldeorSan Bernardino o Rlversideor San Bernardino Eastern
o Other o Other Westl!rn
Co2. IS either of the following true? Ifso, check the one that applies:(.1_ Is either ofthe following true? If so, che<kthe one that applies:
o 2 or more answers in Column D o 2 or more answers in Column C
o only 1 answer In Column D and no answers in Column C o only 1 answer in Column C and no answers in Column 0
Your case will initially be assigned to the
. SQU1HERNDMSION.
. Your case willlnitially be assigned to the
EASTERN DIVISION.
Enter ·Southerry." in response to Question 0, beiow. Enter "Eastern'in response to Qu;!stion 0, below.
If none appUes, go to the box below. ~If none applies, answer question 0.to the right. .......
Your case will initially be assigned to the
WESTERN DIVISION.
Enter 'Western" in response to Question 0 below.
CV-71 (ll/U) CIVIL COVER SHEE,T Page 2 of:>
UNITED ~•• ..fESDISTRlCT COURTs CENTRAL DISTRICT 01'-·_AlIFORNIA
CIVIL COVER SHEET
IX{a}. IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or dosed? [Rl NO D YES
Ifyes,lIstcasenumber(s}:
JX(b). RELATED CASES: Have any cases been previousfyfiled in this court that are related to the present case? lEI NO DYES
If yes, list case number(s):
Civil CIlSE!$ are deemed related ifa previously filed case and tbe present case:
(Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or
o B. Call for determination of the same or substantially related or similar questions oHaw and fact; or
o C. Forother reasons wouldentan substantial duplication ·of labor if heard by different judges; or
o D. Involve the same patent, tmdemarkor copyrightdl:ll1.o ne of the factors identified above In a, b or c also Is present.
X. SIGNATURE OF ATTORNEY
DATE: February 25, 2014 (OR SELF~REPRESENTED UTIGANT): ._---
Notice to CounsellParties:The 01-71 (Js-Ml Ovil Cover Sheet and the information contained herein neitherreplace nor supplement the Hllng and service of pleadings or
other papers as required by law. This form, approved by the judicial COllference ofthe United States in September 1974,is required pursuantto local Rule 3-1 Is not med
but is used by the Clerk of the Court fOr the purp05e of statistics,venue and initiating the civil docket sheet. {For more detailed Instructions, see separate instructions sheet}.
Key to Statistical codes relating to Social Security Case£:
Nature ofSuit Code Abbreviation Substantive Statement of Cause of Action
861 HIA.
All claims for health Insurance benefits (Medicate) underTitle 18, Part A, ofthe Social Security Act. as amended. Also,
include daims by ~ospitals, skilled nursing facilities, etc., for certification as providers ofservices under the program.
(42 US.c. 1935FF(b})
862 BI. All claims for wlllack lUl1g" beneflts under Title 4, Part B, ofthe Federal Coal Mine Hearth ano Safety Actof1969. (30 U.S.c.
923) .
863 OIWC All claims filed by insured workers for disability insurance benefits under Title 2 of the Sodal Security Act, as amended; plus
an claIms filed for child's insurance benefits based on disability. (42US.C. 405 (gl)
863 OlWW AU claims filed for widows or widowers insurance benefits based on disability under Title '2 ofthe Soda! Security Act, as
amended.{42 US.c. 40S (g)) .. . .
864 SSID AU daims for supplemental security Income payments based upon disability filed under Title 16 ofthe Soda\ Security Act, as
amended. .
865 RSI All claims for retirement (old age) and survivors benefits underTrtle '2 of the. Sodal Security Act; as amended.
(42 US.c. 405 {gil
CV·71 (11113) CIVIL COVER SHEET Page30f3