Sean Silverthorne v. City of Huntington Beach et al

Filing 22

ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Karen L. Stevenson. Response to Order to Show Cause due by 11/22/2017. Plaintiff may discharge this order by filing a status report. If plaintiff does not wish to pursue this action, he may file a Notice of Dismissal. Failure to comply with this order may result in dismissal of the case. (Attachments: # 1 CMO 5-15-17, # 2 Deft's Status Repot 10-24-17) (rh)

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MICHAEL E. GATES, City Attorney (SBN 258446)
BRIAN L. WILLIAMS, Sr. Trial Counsel (SBN 227948)
NEAL MOORE, Sr. Deputy City Attorney (SBN 49666)
2000 Main Street, P.O. Box 190
Huntington Beach, CA 92648
[phone]
FAX [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants
CITY OF HUNTINGTON BEACH, DANIEL KIM, READ
PARKER, SHAWN WHITE, ROMAN ALTENBACH, AND
CHRISTOPHER S. TATAR

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SEAN SILVERTHORNE,

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Plaintiff,

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vs.
CITY OF HUNTINGTON BEACH;
DANIEL KIM (#1080), ROBERT
PARKER (#l041), SHAWN WHITE
(#1002), ROMAN ALTENBACH
(#1032), SGT. CHRISTOPHER S.
TATAR (#1050) and DOES 1
THROUGH 10, INCLUSIVE,

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Defendants.

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Case No. SACV 17-00141 JAK (KS)
STATUS REPORT BY
DEFENDANTS CITY OF
HUNTINGTON BEACH, DANIEL
KIM, READ PARKER, SHAWN
WHITE, ROMAN ALTENBACH,
AND CHRISTOPHER S. TATAR

Defendants herein hereby provide a Status Report in the above-entiteld

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matter:

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167474.doc

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Summary of the proceedings to date and a statement of the principal
issues raised by the case:

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The parties have exchanged their Rule 26 Disclosures. Defendants have

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propounded interrogatories and a request for production to Plaintiff and Plaintiff has

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responded thereto. Plaintiff has propounded requests for admissions,

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interrogatories, and requests for production to all the Defendants, and responses

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thereto are currently due on November 2, 2017. Additionally, Plaintiff’s deposition

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is scheduled for November 3, 2017, and the depositions of two witnesses are

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scheduled for November 2, 2017.

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The principal issues raised by the case concern the lawfulness of Plaintiff’s

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arrest for violation of California Penal Code Section 148(a)(1) and entry into a

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residence by the defendant police officers on September 9, 2011, the lawfulness of

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the officers’ use of force during said arrest, the criminal prosecution resulting from

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said arrest, and Monell claims related thereto.

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2.

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None by Defendants.

Contemplated Motions:

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3.

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Trial estimate:

Defendants estimate 3-4 days. Defendants have requested a jury trial.
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None to date. Defendants believe that prospects for settlement are very

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unlikely and have no recommendation regarding any settlement conference or

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method of alternative dispute resolution.

Settlement negotiations:

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DATED:

October 24, 2017

MICHAEL E. GATES, City Attorney

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By: _____/s/_____________________________
Neal Moore, Sr. Deputy City Attorney,
Attorney for Defendants,
CITY OF HUNTINGTON BEACH,
DANIEL KIM, READ PARKER, SHAWN
WHITE, ROMAN ALTENBACH, AND
CHRISTOPHER S. TATAR

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167474.doc

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PROOF OF SERVICE
STATE OF CALIFORNIA

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COUNTY OF ORANGE

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I am employed in the County of Orange, State of California. I am over the
age of 18 and not a party to the within action; my business address is 2000 Main
Street, Huntington Beach, CA 92648.

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On October 24, 2017, I served the foregoing document described as:
STATUS REPORT BY DEFENDANTS CITY OF HUNTINGTON BEACH,
DANIEL KIM, READ PARKER, SHAWN WHITE, ROMAN ALTENBACH,
AND CHRISTOPHER S. TATAR on the interested parties in this action by
placing a true copy thereof in a sealed envelope addressed as follows:

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Sean Silverthorne
2321 E. 4th Street, #C-138
Santa Ana, CA 92705
(Email: [e-mail])

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a.
[ X ] BY MAIL -- I caused such envelope to be deposited in the mail at
Huntington Beach, California. The envelope was mailed with postage thereon fully
prepaid. I am "readily familiar" with the City’s practice of collection and processing
correspondence for mailing. It is deposited with U.S. Postal Service on that same
day in the ordinary course of business. I am aware that on motion of a party served,
service is presumed invalid if postal cancellation date or postage meter date is more
than 1 day after date of deposit for mailing in the affidavit.
b.
[ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope
with postage thereon fully prepaid in the United States mail at Huntington Beach,
California, addressed to the address shown above.
c.

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BY DELIVERY BY HAND to the office of the addressee.

I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct.

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Executed on October 24, 2017, at Huntington Beach, California.

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CHRISTINA LEONHARD

_________/s/____________________

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