Upland seal

Thursday, February 5, 2015 – 09:30 a.m.

Following a failed prosecution against a defendant shot several times by Upland Police, a federal civil rights claim has been returned to the U.S. District Court trial docket.

In October 2012, in an effort to shield the city from liability, the San Bernardino County District Attorney filed two counts of Assault with a Firearm Against Peace Officer and two counts of Assault with a Semiautomatic Rifle on a Peace Officer, against former defendant Jacob Katoa.

The only problem? Katoa was the only person shot, and several times in the side and back for that matter.

On September 2, 2014, Katoa was acquitted by a San Bernardino County jury.

The acquittal has now restored a federal civil rights claim to active status in the U.S. District Court for the Central District of California.

The action is likely to cost the financially-struggling City of Upland millions of dollars. The city has been operating under a financial cloud for years. It’s unknown if the city has insuranceo cover any settlement in the case. Court records indicate mediation is available.

The Katoa case is one of two problematic shooting cases for the city. Late last year, a second similar case was dealt a blow when a Superior Court judge threw out key charges following a preliminary hearing.

To read the civil lawsuit, click the following link: Katoa v. City of Upland et al

You may read the federal docket below:

UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Eastern Division – Riverside)
CIVIL DOCKET FOR CASE #: 5:13-cv-01721-JAK-DTB

Jacob Katoa v. The City of Upland et al
Assigned to: Judge John A. Kronstadt
Referred to: Magistrate Judge David T. Bristow
Cause: 42:1983 Civil Rights Act
Date Filed: 09/23/2013
Jury Demand: Plaintiff
Nature of Suit: 360 P.I.: Other
Jurisdiction: Federal Question
Plaintiff
Jacob Katoarepresented byDarren Michael Harris
Spray Gould and Bowers LLP
2 Corporate Park Suite 201
Irvine, CA 92606
949-387-4444
Fax: 949-387-4544
Email: dharris@sgblaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
The City of Uplandrepresented byJames R Touchstone
Jones & Mayer
3777 North Harbor Boulevard
Fullerton, CA 92835
714-446-1400
Email: jrt@jones-mayer.com
ATTORNEY TO BE NOTICED
Defendant
Andrew McCullough
an Individual
represented byJames R Touchstone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Kevin Cushman
an Individual
represented byJames R Touchstone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Does
1-10

 

Date Filed#Docket Text
09/23/20131COMPLAINT against Defendants Kevin Cushman, Does 1-10, Andrew McCullough, The City of Upland.Case assigned to Judge John A. Kronstadt for all further proceedings. Discovery referred to Magistrate Judge David T Bristow.(Filing fee $ 400:PAID) Jury Demanded., filed by plaintiff Jacob Katoa.(ghap) (mg). (Entered: 09/26/2013)
09/23/2013221 DAY Summons Issued re Complaint – (Discovery), 1 as to Defendants Kevin Cushman, Andrew McCullough, The City of Upland. (ghap) (Entered: 09/26/2013)
09/23/20133CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Jacob Katoa. (ghap) (mg). (Entered: 09/26/2013)
09/23/20134NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(ghap) (Entered: 09/26/2013)
01/28/20145PROOF OF SERVICE Executed by Plaintiff Jacob Katoa, upon Defendant Andrew McCullough served on 1/22/2014, answer due 2/12/2014. Service of the Summons and Complaint were executed upon Employee of City of Upland in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Attachments: # 1 Declaration)(Harris, Darren) (Entered: 01/28/2014)
01/28/20146PROOF OF SERVICE Executed by Plaintiff Jacob Katoa, upon Defendant Kevin Cushman served on 1/22/2014, answer due 2/12/2014. Service of the Summons and Complaint were executed upon Employee of City of Upland in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Attachments: # 1 Declaration)(Harris, Darren) (Entered: 01/28/2014)
01/28/20147PROOF OF SERVICE Executed by Plaintiff Jacob Katoa, upon Defendant The City of Upland served on 1/15/2014, answer due 2/5/2014. in compliance with California Code of Civil Procedure by personal service. Original Summons returned. (Harris, Darren) (Entered: 01/28/2014)
02/04/20148ANSWER to Complaint – (Discovery), 1 filed by Defendant Kevin Cushman, Andrew McCullough, The City of Upland.(Attorney James R Touchstone added to party Kevin Cushman(pty:dft), Attorney James R Touchstone added to party Andrew McCullough(pty:dft), Attorney James R Touchstone added to party The City of Upland(pty:dft))(Touchstone, James) (Entered: 02/04/2014)
02/07/20149INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A Kronstadt: Please read this Order carefully. It governs this case and differs in some respect from the Local Rules. The Initial Standing Order can also be found under the Courts Procedures and Schedules found on the United States District Courts Website (www.cacd.uscourts.gov). (kti) (Entered: 02/07/2014)
02/07/201410(IN CHAMBERS) ORDER RE PILOT PROGRAM FOR UNDER SEAL DOCUMENTS by Judge John A Kronstadt: This Court is participating in a pilot program regarding the submission of sealed documents. Effective July 8, 2013, all proposed sealed documents must be submitted via email to the Courts Chambers email at: jak_chambers@cacd.uscourts.gov consistent with this Order. (kti) (Entered: 02/07/2014)
02/07/201411ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Judge John A Kronstadt: The Scheduling Conference is set for March 17, 2014 at 1:30 P.M., with the Joint Report, which shall include the completed Schedule of Pretrial and Trial Dates, to be filed no later than March 7, 2014. (kti) (Entered: 02/07/2014)
02/07/201412STIPULATION to Stay Case pending Resolution of Criminal Proceedings filed by Defendants Kevin Cushman, Andrew McCullough, The City of Upland. (Attachments: # 1 Proposed Order)(Touchstone, James) (Entered: 02/07/2014)
02/12/201413ORDER RE STIPULATION STAYING CASE PENDING RESOLUTION OF CRIMINAL PROCEEDINGS by Judge John A. Kronstadt (MD JS-6. Case Terminated) (shb) (Entered: 02/13/2014)
04/17/201414NOTICE Status Report Re: Criminal Proceedings Against Plaintiff Jacob Katoa Jacob Katoa. (Harris, Darren) (Entered: 04/17/2014)
04/22/201415(IN CHAMBERS) ORDER CONTINUING STAY AND SETTING DATE FOR SECOND STATUS REPORT by Judge John A Kronstadt: The Court has reviewed the parties’ Status Report Re: Criminal Proceedings Against Plaintiff Jacob Katoa (Dkt. 14) and orders that a second status report shall be filed no later than June 23, 2014. If the trial is continued from the current scheduled date of May 19, 2014, counsel shall file a joint report within 5 days notifying the Court of the continued date. The stay will remain up through and including June 23, 2014 or until further order from this Court. 14 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 04/22/2014)
05/27/201416STATUS REPORT of CRIMINAL PROCEEDINGS filed by Defendant The City of Upland. (Touchstone, James) (Entered: 05/27/2014)
05/30/201417(IN CHAMBERS) ORDER CONTINUING STAY AND SETTING DATE FOR THIRD STATUS REPORT by Judge John A Kronstadt: The Court has reviewed the parties’ Joint Status Report Concerning Criminal Proceedings Against Jacob Katoa (Dkt. 16) and orders that a third joint report shall be filed on or before July 28, 2014, or upon the conclusion of the trial, whichever first occurs. The stay will remain up through and including July 28, 2014 or until further order from this Court. 16 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 05/30/2014)
06/23/201418(IN CHAMBERS) ORDER RE NOTICE OF AMENDED STANDING ORDER(S) by Judge John A. Kronstadt: Counsel are advised that the Court has amended one or more of its Standing Orders. Counsel shall refer to this Court’s Procedures and Schedules found on the website for the United States District Court (www.cacd.uscourts.gov) to obtain the Order(s). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY (Entered: 06/23/2014)
07/28/201419JOINT STATUS REPORT of CRIMINAL PROCEEDINGS filed by Defendants Kevin Cushman, Andrew McCullough, The City of Upland. (Touchstone, James) (Entered: 07/28/2014)
07/29/201420(IN CHAMBERS) ORDER CONTINUING STAY AND SETTING DATE FOR FOURTH STATUS REPORT by Judge John A Kronstadt: The Court has reviewed the parties’ Joint Status Report of Criminal Proceedings Against Jacob Katoa (Dkt. 19) and orders that a fourth joint report shall be filed on or before September 29, 2014, or upon the conclusion of the trial, whichever first occurs. The stay will remain up through and including September 29, 2014 or until further order from this Court.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY (Entered: 07/29/2014)
09/25/201421STATUS REPORT re Criminal Proceedings filed by Defendants Kevin Cushman, Andrew McCullough, The City of Upland. (Touchstone, James) (Entered: 09/25/2014)
12/03/201422MINUTE ORDER IN CHAMBERS by Judge John A. Kronstadt: The Court has reviewed the parties’ Joint Status Report Concerning Criminal Proceedings Against Jacob Katoa. Dkt. 21 . In light of the criminal proceedings having concluded in the San Bernardino County Superior Court, the Court reinstates this action to its active calendar and sets a Status and Scheduling Conference for January 5, 2015 at 1:30 p.m. Counsel shall file a joint status report on or before December 19, 2014. A separate order will issue setting forth the requirements for the Scheduling Conference.(Made JS-5, Case reopened) (pso) (Entered: 12/04/2014)
12/03/201423ORDER by Judge John A. Kronstadt setting Scheduling Conference for 1/5/2015 at 01:30 PM. Joint Report due on 12/19/2014. Refer to the Court’s order for details. (pso) (Entered: 12/04/2014)
12/18/201424JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7, filed by Defendants Kevin Cushman, Andrew McCullough, The City of Upland.. (Touchstone, James) (Entered: 12/18/2014)
01/05/201525ORDER RE JURY/COURT TRIAL FOR CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt (lc) (Entered: 01/05/2015)
01/05/201526ORDER/REFERRAL to ADR Procedure No 3 by Judge John A. Kronstadt. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 3/16/15. Status Conference set for 3/27/2015 01:30 PM before Judge John A. Kronstadt. (lc) (Entered: 01/05/2015)
01/05/201527MINUTES OF SCHEDULING CONFERENCE held before Judge John A. Kronstadt. Court confers with counsel regarding the status of the case and the parties’ December 18, 2014 joint report and sets the following deadlines: January 16, 2015: Last day to amend or add parties; March 16, 2015: Last day to participate in a settlement conference/mediation ; March 27, 2015: Last day to file a notice of settlement or a joint report re status of settlement; April 6, 2015 at 1:30 p.m.: Post Mediation Status Conference; July 14, 2015: Non-Expert Discovery Cut-Off; July 28, 2015: Initial Expert Disclosures; August 11, 2015: Rebuttal Expert Disclosures; August 24, 2015: Expert Discovery Cut-Off; September 14, 2015: Last day to hear motions (including discovery motions); October 5, 2015 at 3:00 p.m.: Final Pretrial Conference, Motions in Limine, and Status Conference re Exhibits; October 27, 2015 at 9:00 a.m.: Jury Trial (est. 5-7 days). The Court grants the parties’ request to participate in a settlement conference/mediation with a private neutral. If a settlement is reached, the parties are ordered to file a notice of settlement,with a proposed date by which the matter will be dismissed. No appearance will be required on April 6, 2015, if such notice is filed on or before March 27, 2015. If a notice of settlement is not filed, counsel shall file a joint report by March 27, 2015, regarding the status of settlement and whether a second session would be productive. (See attached document for details.) Court Reporter: Alex Joko. (lom) (Entered: 01/07/2015)