Preston v. Boyer et al
| Robert John Preston |
| Ryan Boyer and Jeffery Miller |
| 2:2016cv01106 |
| July 15, 2016 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| John C Coughenour |
| Mary Alice Theiler |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
226
MINUTE ORDER re Parties' 225 Stipulated Notice of Dismissal. All claims in this action are DISMISSED with prejudice, without costs to any party and with each party to bear its own attorney fees and other litigation expenses. The Clerk is DIRECTED to close this case. Authorized by U.S. District Judge John C. Coughenour. (SR)
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Filing
204
ORDER denying Snohomish County's 191 Motion to Strike signed by Hon. Mary Alice Theiler. (TH)
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Filing
200
ORDER granting Plaintiff's 190 Motion for Leave to File Surreply to Defendant Snohomish County's Reply in Support of Motion to Seal (Dkt. 182 ). Plaintiff shall file a surreply within 7 days of the date of this order. Signed by Hon. Mary Alice Theiler. (TH)
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Filing
199
ORDER on Plaintiff's Motion to Exclude Expert Testimony, Motion to Strike, and Motion to Seal. Plaintiff's motion to exclude portions of Ms. Wilson's testimony (Dkts. 171 (redacted), 173 (sealed)) is GRANTED in part and DENIED in part, plaintiff's motion to strike the County's references to Mr. DeFoe in its response brief (Dkt. 181 ) is GRANTED, plaintiff's motion to seal (Dkt. 170 ) is GRANTED, and the Clerk is directed to maintain plaintiff's unredacted motion to exclude and Exhibits 1 and 3 to Mr. Marcelo's declaration (Dkts. 173 , 174 ) under seal. Signed by Hon. Mary Alice Theiler. (TH)
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Filing
157
STIPULATION AND ORDER Amending Case Schedule re parties' 156 Stipulated Motion. The deadline for disclosure of rebuttal expert Dr. Evan Freedman's report is 6/21/2019; and the deadline for close of expert discovery pertaining to Drs. Laura Brown and Evan Freedman is 7/19/2019. Signed by Hon. Mary Alice Theiler. (TH)
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Filing
153
ORDER ADOPTING 152 Report and Recommendation. Defendant Snohomish County's motion to dismiss (Dkt. No. 138 ) is GRANTED in part and DENIED in part. This matter is RE-REFERRED to Judge Theiler for further proceedings. Signed by U.S. District Judge John C Coughenour. (TH)
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Filing
145
ORDER DIRECTING SUPPLEMENTAL BRIEFING. Plaintiff shall file a brief by December 5, 2018, that addresses (a) whether he agrees with defendants' claim that Sergeant Boyer was acting within the scope of his employment during the alleged battery a nd outrageous conduct, (b) whether the Court should certify to the Washington Supreme Court the question of whether he may maintain his negligent hiring, retention, and supervision claims, and (c) regardless of his answer to (b), how he would fram e the question to be submitted to the Washington Supreme Court. Snohomish County may file a reply brief by December 14, 2018. The Clerk is directed to RE-NOTE Snohomish County's motion to dismiss (Dkt. 138 ) for December 14, 2018. Signed by Hon. Mary Alice Theiler. (TH)
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Filing
135
ORDER granting Plaintiff's 131 Motion to Seal Third Amended Complaint. The Court DIRECTS the Clerk to maintain plaintiff's unredacted filing (Dkt. 132 ) under seal. Signed by Hon. Mary Alice Theiler. (TH)
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Filing
130
ORDER granting Plaintiff's 119 Motion for Leave to File Amended Complaint. Plaintiff shall file his third amended complaint within 14days of the date of this Order. Signed by Hon. Mary Alice Theiler. (TH)
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Filing
128
ORDER granting Plaintiff's motions to seal (Dkts. 115 & 120 ) and DIRECTS the Clerk to maintain plaintiff's unredacted filings (Dkts. 117 & 122 ) under seal. Signed by Hon. Mary Alice Theiler. (TH)
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Filing
113
REDACTED ORDER granting in part and denying in part Plaintiff's 92 SEALED MOTION to Amend Complaint. Plaintiff may amend his complaint as proposed (Dkt. No. 91 at 17-24) to add claims against Snohomish County f or negligent hiring, retaining, and supervising. Plaintiff may add the battery claim as proposed against Boyer. Boyer's request for attorney fees is DENIED. Plaintiff is DIRECTED to file his second amended complaint exclusive of the outrage cla im within ten (10) days of this order. Plaintiff may again seek leave to amend to add a claim against Boyer for outrage, but the Court will only consider such a request if made within twenty (20) days of this order, and it must include sufficient facts to put Boyer on notice as to the allegations against him. This matter is REFERRED to United States Magistrate Judge Mary Alice Theiler for further proceedings. Signed by U.S. District Judge John C Coughenour. (TH)
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Filing
107
MINUTE ORDER RE-NOTING plaintiff's 92 SEALED MOTION to Amend Complaint, 90 Redacted MOTION to Amend Complaint ; Noting Date 6/29/2018. Authorized by U.S. District Judge John C Coughenour. (SWT)
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Filing
86
ORDER denying as moot parties' 84 Stipulated Motion to Strike, or in the Alternative, Seal. Signed by Hon. Mary Alice Theiler. (TH)
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Filing
69
STIPULATION AND ORDER Amending Case Schedule. The deadline for expert witness depositions is December 29, 2017. This includes depositions of expert rebuttal witnesses; The deadline for filing a summary judgment motion on the issue of qualified immunity is January 11, 2018; The deadline for filing an opposition to the summary judgment motion on the issue of qualified immunity to January 29, 2018; and The deadline for filing a reply to the summary judgment motion on the issue of qualified immunity to February 2, 2018. Signed by Hon. Mary Alice Theiler. (TH)
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Filing
66
STIPULATION AND ORDER LIMITING DISCOVERY AND AMENDING CASE SCHEDULE; Fact Discovery completed by 9/29/2017, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/20/2017, Expert Depositions ddl 11/9/17 by Hon. Mary Alice Theiler. (RS)
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Filing
64
STIPULATED PROTECTIVE ORDER by U.S. District Judge John C Coughenour. (PM)
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Filing
58
ORDER DIRECTING CLERK TO IDENTIFY PRO BONO COUNSEL granting plaintiff's motion for appointment of counsel, ( 46 (sealed motion) and 47 (redacted motion)). Defendant's 51 Motion for summary judgment will be held in abeyance pending ap pointment of counsel and an opportunity for plaintiff to conduct further discovery. The Clerk is directed to REMOVE defendant's motion from the Court's calendar at this time. Signed by Hon. Mary Alice Theiler.**4 PAGE(S), PRINT ALL**(Robert Preston, Prisoner ID: 935915)(PM) cc: S. Haas
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Filing
50
ORDER adopting the Report and Recommendation 42 in it's entirety, overrules the 44 Objections thereto, and grants Defendant Miller's 34 Motion for judgment on the pleadings. Plaintiff's Fourth, Fifth, Eighth, and Fourteenth Amendment claims against Defendant Miller are dismissed with prejudice and without leave to amend. Signed by U.S. District Judge John C Coughenour. **5 PAGE(S), PRINT ALL** (Robert Preston, Prisoner ID: 935915) (PM)
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