Weitzman et al v. City of Seattle et al
| Aaron Weitzman, Z.W. and Leon S Blatt |
| City of Seattle, Marcus D Inouye, Michelle A Heitman, Gretchen Hughes, Ry and Jerry Harris |
| 2:2014cv01041 |
| July 10, 2014 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| Marsha J Pechman |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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Filing 57
ORDER denying plaintiff's #55 Motion for Extension of time to appeal by Judge Marsha J. Pechman. (CDA) (cc: Weitzman, pro se)
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| Filing 56 MANDATE of USCA (16-35364) as to #52 Notice of Appeal filed by Aaron Weitzman. The judgment of this Court, entered June 13, 2016, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. DISMISSED. (RE) |
| Filing 55 NOTICE OF APPEAL to Ninth Circuit re #50 Order on Motion for Summary Judgment, #51 Judgment by Court by Plaintiff Aaron Weitzman. (FILING FEE NOT PAID). (RE) |
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Filing 54
ORDER of USCA (16-35364) as to #52 Notice of Appeal filed by Aaron Weitzman. A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal was not filed within 30 days after the district courts judgment entered on March 4, 2016. See 28 U.S.C. 2107(a); Fed. R. App. P. 4(a)(1)(A); United States v. Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal is jurisdictional). We decline to construe the notice of appeal as a motion for an extension of time to appeal under Federal Rule of Appellate Procedure 4(a)(5). See Malone v. Avenenti, 850 F.2d 569, 572 (9th Cir. 1988) (Fed. R. App. P. 4(a)(5) requires a formal motion for extension of time to appeal); Pettibone v. Cupp, 666 F.2d 333, 335 (9th Cir. 1981) (Fed. R. App. P. 4(a)(5) expressly requires filing of motion for extension of time and language of Rule precludes court from remanding on theory that untimely notice of appeal might be considered motion for extension of time). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. (RE)
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| Filing 53 TIME SCHEDULE ORDER (16-35364) as to #52 Notice of Appeal filed by Aaron Weitzman: Appellants optional reply brief due within 14 days of service of the response brief. (RE) |
| Filing 52 NOTICE OF APPEAL (16-35364) to Ninth Circuit re #50 Order on Motion for Summary Judgment, #51 Judgment by Court by Plaintiff Aaron Weitzman. Filing Fee $505 Receipt #SEA77871(SG) Modified on 5/3/2016 to add CCA#. (RE) |
| Filing 51 JUDGMENT BY COURT. The Court GRANTS Defendants' Motion for Summary Judgment, (Dkt. No. #32 ), and DENIES Plaintiffs' Motion for Summary Judgment, (Dkt. No. #37 ). (PM) |
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Filing 50
ORDER by Judge Marsha J. Pechman granting defendants' #32 Motion for Summary Judgment and denying plaintiffs' #37 Motion for Summary Judgment. (PM)
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Filing 49
ORDER by Judge Marsha J. Pechman granting parties' #45 Joint Motion to Seal.The following documents are to be sealed: Dkt. #33 and Exhibit 1, Exhibit 2, Exhibit 5; Dkt. #37 and Exhibit 1; Dkt. #38 and Exhibit 4; Dkt. #39 , Dkt. #40 , Dkt. #42 and Exhibit 1, Exhibit 2, Exhibit 3. (PM) Modified on 3/1/2016 to edit text. (PM).
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| Filing 45 Joint MOTION to Seal by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye. (Attachments: #1 Exhibit Docket Entry 33, Exhibit 1 - Redacted, #2 Exhibit Docket Entry 33, Exhibit 2 - Redacted, #3 Exhibit Docket Entry 33, Exhibit 5 - Redacted, #4 Exhibit Docket Entry 37 - Redacted, #5 Exhibit Docket Entry 37, Exhibit 1 - Redacted, #6 Exhibit Docket Entry 38 - Redacted, #7 Exhibit Docket Entry 38, Exhibit 4 - Redacted, #8 Exhibit Docket Entry 39 - Redacted, #9 Exhibit Docket Entry 40 - Redacted, #10 Exhibit Docket Entry 42, Exhibit 1 - Redacted, #11 Exhibit Docket Entry 42, Exhibit 2 - Redacted, #12 Exhibit Docket Entry 42 - Exhibit 3 - Redacted, #13 Proposed Order) Noting Date 3/11/2016, (Myerberg, Andrew) |
| Filing 48 NOTICE of Filing Declaration with Exhibits A-D on thumb drive in Paper or Physical Form with the Clerk's Office by Plaintiff Leon S Blatt (filing pro se). (PM) |
| Filing 47 TRANSCRIPT #1: Initial contact with police; filed by Plaintiff Leon S Blatt (filing pro se). (Attachments: #1 Transcript #2: Interrogation of Weitman, #2 Transcript #3: SPD Home invasion, #3 Transcript #4: Inouye and Hughes testify, #4 Citation from C08-549 JCC)(PM) |
| Filing 46 SUPPLEMENTAL SURRESPONSE, by Plaintiff Leon S Blatt, to #37 MOTION for Summary Judgment. (filing pro se)(PM) |
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Filing 44
MINUTE ORDER DIRECTING PARTIES TO FILE JOINT MOTION TO SEAL by Judge Marsha J. Pechman re documents #33 , #37 , #38 , #39 , #40 , #42 . Joint Motion to be filed by 2/26/2016. The Parties should attach redacted versions of these filings, as directed by Local Rule 5.2(a)(2), to their Joint Motion to Seal. (PM)
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| Filing 43 REPLY, filed by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye, TO RESPONSE to #32 MOTION for Summary Judgment (Attachments: #1 Proposed Order Order [Proposed] Granting Defendants' Motion for Summary Judgment)(Myerberg, Andrew) |
| Filing 42 DECLARATION of Andrew T. Myerberg filed by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye re #37 MOTION for Summary Judgment (Attachments: #1 SEALED Exhibit A, #2 SEALED Exhibit B, #3 SEALED Exhibit C)(Myerberg, Andrew) Modified on 3/1/2016 to seal per Order #49 (PM). |
| Filing 41 RESPONSE, by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye, to #37 MOTION for Summary Judgment . Oral Argument Requested. (Myerberg, Andrew) |
| Filing 40 SEALEDRESPONSE , by Plaintiffs Leon S Blatt, Aaron Weitzman, Z.W., to #37 MOTION for Summary Judgment . (Pidgeon, Stephen) Modified on 3/1/2016 per Order #49 (PM). |
| Filing 39 SEALED DECLARATION of Leon Blatt filed by Plaintiffs Leon S Blatt, Aaron Weitzman re #37 MOTION for Summary Judgment (Pidgeon, Stephen) Modified on 3/1/2016 to seal per Order #49 (PM). |
| Filing 38 SEALED DECLARATION of Aaron Weitzman filed by Plaintiffs Leon S Blatt, Aaron Weitzman re #37 MOTION for Summary Judgment (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4SEALED Exhibit)(Pidgeon, Stephen) Modified on 3/1/2016 to seal per Order #49 (PM). |
| Filing 37 SEALED MOTION for Summary Judgment by Plaintiffs Leon S Blatt, Aaron Weitzman. (Attachments: #1 SEALED Verified Complaint) Noting Date 1/8/2016, (Pidgeon, Stephen) Modified on 3/1/2016 to seal per Order #49 (PM). |
| Filing 36 DECLARATION of Joshua Sweeney in Support of Defendants' Motion for Summary Judgment filed by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye re #32 MOTION for Summary Judgment (Myerberg, Andrew) |
| Filing 35 DECLARATION of Gretchen Hughes in Support of Defendants' Motion for Summary Judgment filed by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye re #32 MOTION for Summary Judgment (Myerberg, Andrew) |
| Filing 34 DECLARATION of Michelle Sieg in Support of Defendants' Motion for Summary Judgment filed by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye re #32 MOTION for Summary Judgment (Myerberg, Andrew) |
| Filing 33 DECLARATION of Andrew T. Myerberg in Support of Defendants' Motion for Summary Judgment filed by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye re #32 MOTION for Summary Judgment (Attachments: #1 SEALED Exhibit A, #2 SEALED Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5SEALED Exhibit E)(Myerberg, Andrew) Modified on 3/1/2016 to seal exhibits per order #49 . (PM). |
| Filing 32 MOTION for Summary Judgment by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye. Oral Argument Requested. Noting Date 1/8/2016, (Myerberg, Andrew) |
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Filing 31
ORDER denying without prejudice #30 Stipulated Motion for Extension of Time to Complete Discovery by Judge Marsha J. Pechman. (AD)
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| Filing 30 Stipulated MOTION for Extension of Time to Complete Discovery and to Extend the Deadline for Dispositive Motions, Pre-Trial Submissions and Trial by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye. (Attachments: #1 Proposed Order) Noting Date 11/23/2015, (Myerberg, Andrew) |
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Filing 29
ORDER granting #28 Stipulated Motion for Extension of Time to Complete Discovery; Discovery deadline extended to 11/27/2015, by Judge Marsha J. Pechman.(AD)
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| Filing 28 Stipulated MOTION for Extension of Time to Complete Discovery by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye. (Attachments: #1 Proposed Order) Noting Date 11/9/2015, (Myerberg, Andrew) |
| Filing 27 NOTICE of Unavailability of counsel Stephen Walter Pidgeon for Plaintiffs Leon S Blatt, Aaron Weitzman from 08/01/2015 - 08/20/2015. (Pidgeon, Stephen) |
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Filing 26
ORDER granting #25 Stipulated Motion to Dismiss Party. Ry (Badge #34971) and Z.W. (a minor) terminated with prejudice, by Judge Marsha J. Pechman.(MD)
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| Filing 25 Stipulated MOTION to Dismiss Party Minor Plaintiff Zoe Weitzman and Defendant "Ry badge #34971" by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye. Noting Date 6/17/2015, (Myerberg, Andrew) |
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Filing 24
ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *4-5 DAY* Jury Trial is set for 4/11/2016 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Joinder of Parties due by 4/16/2015, Amended Pleadings due by 4/27/2015, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/14/2015, Motions due by 10/14/2015, Discovery completed by 11/13/2015, Dispositive motions due by 12/14/2015, Motions in Limine due by 3/7/2016, Pretrial Order due by 3/30/2016, Trial briefs to be submitted by 3/30/2016, Proposed voir dire/jury instructions due by 3/30/2016, Pretrial Conference set for 4/1/2016 at 01:30 PM before Judge Marsha J. Pechman. (RM)
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| Filing 23 JOINT STATUS REPORT signed by all parties estimated Trial Days: 4-5. (Myerberg, Andrew) |
| Filing 22 NOTICE of Change of Address/Change of Name of Attorney Andrew Thomas Myerberg. Filed by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye. (Myerberg, Andrew) Modified Address on 4/6/2015 (DS). |
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Filing 21
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 3/17/2015, FRCP 26f Conference Deadline is 3/3/2015, Initial Disclosure Deadline is 3/10/2015, by Judge Marsha J. Pechman. (RM)
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| Filing 20 Mail Returned as Undeliverable re #17 Order on Motion to Stay addressed to Aaron Weitzman - Unclaimed (MD) |
| Filing 19 NOTICE of Appearance by attorney Stephen Walter Pidgeon on behalf of Plaintiffs Leon S Blatt, Aaron Weitzman, Z.W.. (Pidgeon, Stephen) |
| Filing 18 CERTIFICATE OF SERVICE re: summons/complaint upon defendants filed by Plaintiff Leon S Blatt re #7 Praecipe to Attach Document - Complaint. (MD) |
| ***Deadlines/Hearings terminated. (RM) |
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Filing 17
ORDER granting #16 Stipulated Motion to Stay case for an additional 30 days, by Judge Marsha J. Pechman.(MD) Modified on 11/21/2014-cc to pltf (MD).
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| Filing 16 Second MOTION to Stay on Behalf of All Parties by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye, Ry. Noting Date 11/20/2014, (Myerberg, Andrew) |
| Filing 15 NOTICE of Appearance by attorney Andrew Thomas Myerberg on behalf of Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye, Ry. (Myerberg, Andrew) |
| Filing 14 NOTICE: Plaintiff Leon S Blatt has registered to electronically file and receive electronic service in this case. (VB) |
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Filing 13
ORDER granting #12 Stipulated Motion to stay case for 90 days. Case stayed, by Judge Marsha J. Pechman.(MD, cc to pltf)
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| Filing 12 Stipulated MOTION to Stay Case for 90 Days by Defendant City of Seattle. Noting Date 8/22/2014, (Maxey, Brian) |
| Filing 11 Mail Returned as Undeliverable re #6 Judge Assignment Letter addressed to Aaron Weitzmann in C/O of Leon Blatt. (LMK) |
| Filing 10 Mail Returned as Undeliverable re #6 Judge Assignment Letter addressed to Leon Blatt (LMK) |
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Filing 9
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 9/22/2014, FRCP 26f Conference Deadline is 9/8/2014, Initial Disclosure Deadline is 9/15/2014, by Judge Marsha J. Pechman. (RM)
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| Filing 8 ANSWER to Complaint; DEFENDANTS' ANSWER TO THE COMPLAINT with JURY DEMAND by City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye, Ry.(Maxey, Brian) |
| Filing 7 PRAECIPE to attach document re #1 Notice of Removal by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Gretchen Hughes, Marcus D Inouye, Ry. (Attachments: #1 Complaint, #2 Certificate of Service)(Maxey, Brian) |
| Filing 6 LETTER from Clerk to counsel re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (RE) |
| Judge Marsha J. Pechman added. (RE) |
| NOTICE TO FILER: NOTICE OF REMOVAL COMPLAINT ATTACHED INCORRECTLY: Pursuant to LCR 101 (b): In cases removed from state court, the removing defendant(s) shall file contemporaneously with the notice of removal a copy of the operative complaint, which must be attached as a separate attachment in the electronic filing system and labeled as the Complaint or Amended Complaint. Please file the operative Complaint by using the event Praecipe to Attach a Document and relate back to the Notice of Removal. Thank you. (RE) |
| Filing 5 CERTIFICATE OF SERVICE by Defendant City of Seattle re #2 Verification of State Court Records, #4 Notice-Other, #3 Certificate-Other, #1 Notice of Removal . (Maxey, Brian) |
| Filing 4 NOTICE to Plaintiff of Removal of Action to Federal Court re #2 Verification of State Court Records, #3 Certificate-Other, #1 Notice of Removal ; filed by Defendant City of Seattle. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Maxey, Brian) |
| Filing 3 CERTIFICATE re #2 Verification of State Court Records, #1 Notice of Removal by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Marcus D Inouye, Ry. (Maxey, Brian) |
| Filing 2 VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal by Defendants City of Seattle, Jerry Harris, Michelle A Heitman, Marcus D Inouye, Ry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Maxey, Brian) |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 14-2-08878-7SEA; (Receipt # 0981-3666727), filed by Marcus D Inouye, Michelle A Heitman, City of Seattle, Jerry Harris, Ry. (Attachments: #1 Civil Cover Sheet)(Maxey, Brian) |
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