On February 13, 2017 a
Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DEFENSE MEDICAL EXAMINATION OF PL...)
was filed
involving a dispute between
Jimenez Mynor David,
and
Doe Bus Driver,
Los Angeles County Metroplolitan,
Rosemary Withers Doe1,
for civil
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Spring Street Courthouse, Department 3
BC650741 March 20, 2019
MYNOR DAVID JIMENEZ VS LOS ANGELES COUNTY 1:30 PM
METROPOLITAN TRAN
Judge: Honorable Jon R. Takasugi CSR: None
Judicial Assistant: L. Klein ERM: None
Courtroom Assistant: None Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): No Appearances
For Defendant(s): No Appearances
NATURE OF PROCEEDINGS: Hearing on Motion to Compel Defense Medical Examination
of Plaintiff
Matter is not called for hearing.
The Court is advised that all parties have submitted on the Court's tentative ruling through the
Court's email system.
The Court has read and considered all papers submitted this date, and makes the following
ruling: Defendant has noticed Plaintiff’s IME on several occasions, and Plaintiff has not
appeared. Defendant moves to compel Plaintiff to attend an IME. Plaintiff opposes the motion,
contending he is currently in ICE detention and cannot attend an IME. On February 28, 2019, at
Plaintiff’s ex parte motion to continue this matter for one year, the Court was advised Plaintiff
missed three IME appointments before his counsel informed the Defendant of the indefinite
custodial dilemma. The Court was also advised Defendant designated experts and expended
resources preparing for trial for no reason.
The Court granted Plaintiff a brief continuance over Defendant’s objection and ordered Plaintiff
to file a formal motion to continue with briefing on the ICE custody issue.
Plaintiff’s counsel appears to have ignored that request as the Opposition to this Motion to
Compel is a bare bones document without any authority and without any admissible evidence
that Plaintiff is actually in ICE custody. The opposition is supported only by a declaration from
Plaintiff’s attorney, who declares he “advised” the Court and defense counsel that Plaintiff is in
ICE custody.
The Court continues the motion for one month. At least two weeks before the continued hearing,
the parties are ordered to file briefs and/or evidence concerning:
Minute Order Page 1 of 2
Document Filed Date
March 20, 2019
Case Filing Date
February 13, 2017
Status
Court-Ordered Dismissal - Before Trial - Lack of Prosecution 02/14/2020
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Spring Street Courthouse, Department 3 BC650741 March 20, 2019 MYNOR DAVID JIMENEZ VS LOS ANGELES COUNTY 1:30 PM METROPOLITAN TRAN Judge: Honorable Jon R. Takasugi CSR: None Judicial Assistant: L. Klein ERM: None Courtroom Assistant: None Deputy Sheriff: None APPEARANCES: For Plaintiff(s): No Appearances For Defendant(s): No Appearances NATURE OF PROCEEDINGS: Hearing on Motion to Compel Defense Medical Examination of Plaintiff Matter is not called for hearing. The Court is advised that all parties have submitted on the Court's tentative ruling through the Court's email system. The Court has read and considered all papers submitted this date, and makes the following ruling: Defendant has noticed Plaintiff’s IME on several occasions, and Plaintiff has not appeared. Defendant moves to compel Plaintiff to attend an IME. Plaintiff opposes the motion, contending he is currently in ICE detention and cannot attend an IME. On February 28, 2019, at Plaintiff’s ex parte motion to continue this matter for one year, the Court was advised Plaintiff missed three IME appointments before his counsel informed the Defendant of the indefinite custodial dilemma. The Court was also advised Defendant designated experts and expended resources preparing for trial for no reason. The Court granted Plaintiff a brief continuance over Defendant’s objection and ordered Plaintiff to file a formal motion to continue with briefing on the ICE custody issue. Plaintiff’s counsel appears to have ignored that request as the Opposition to this Motion to Compel is a bare bones document without any authority and without any admissible evidence that Plaintiff is actually in ICE custody. The opposition is supported only by a declaration from Plaintiff’s attorney, who declares he “advised” the Court and defense counsel that Plaintiff is in ICE custody. The Court continues the motion for one month. At least two weeks before the continued hearing, the parties are ordered to file briefs and/or evidence concerning: Minute Order Page 1 of 2