Le et al v. Urquart et al
| Bao Xuyen Le, Hoai Sunny Le, Dieu Ho, Uyen Le, Kim Tuyet Le, Quoc Nguyen, Tam Nguyen, Dung Nguyen, Julia Nguyen and Jefferson Nguyen |
| John Urquart, Dow Constantine, Martin Luther King Jr. County, King County Sheriff's Office and Caesar Molina |
| 2:2018cv00055 |
| January 16, 2018 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| Thomas S. Zilly |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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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
301
ORDER: Counsel having advised the Court during a status conference conducted via the ZoomGov platform on March 26, 2021, that plaintiffs' claims against defendant Reverend Dr. Martin Luther King, Jr. County ("King County") have been resolved, see also Notice of Settlement (docket no. 298 ), and it appearing that no issue remains for the Court's determination, NOW, THEREFORE, IT IS ORDERED that plaintiffs' claims against King County and this case are DISMISSED with prejudice and without costs. The trial date of April 19, 2021, all related dates and deadlines, and all pending motions are STRICKEN. In the event that settlement is not perfected, plaintiffs and/or King County may move to reopen and trial will be scheduled as to plaintiffs' claims against King County, provided such motion is filed within 30 days of the date of this Order. Signed by Judge Thomas S. Zilly. (MW)
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Filing
296
MINUTE ORDER denying Defendant King County's 262 Motion for Summary Judgment; denying Defendant Deputy Sheriff Cesar Molina's 265 Motion for Summary Judgment. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
289
ORDER RE: PROCEDURES AND PROTOCOLS FOR VIRTUAL JURY TRIAL: The jury trial scheduled to commence on April 19, 2021, at 9:00 a.m., shall be conducted using the following procedures and protocols. All counsel who will actively participate in t rial, as well as their assistants, shall attend a technology check session with the Court's law clerk and courtroom deputy clerk on April 2, 2021, at 3:00 p.m. The Pretrial Conference remains scheduled for April 9, 2021, at 10:00 a.m. Both the technology check session and the Pretrial Conference will be conducted via ZoomGov. Counsel will be provided links via email. Signed by Judge Thomas S. Zilly.(MW)
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Filing
274
STIPULATION AND ORDER granting Parties' 273 Stipulated Motion to take deposition past Cut-Off. Signed by Judge Thomas S. Zilly.(MW)
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Filing
272
MINUTE ORDER: A status conference is hereby SET for Thursday, February 25, 2021, at 10:00 a.m., for the purpose of addressing whether the trial in this matter should be conducted in person, virtually, or via a hybrid format. By Tuesday, February 2 3, 2021, defendants may file supplemental briefs, not to exceed four (4) pages in length, regarding the subjects identified in Paragraph 2, above, and plaintiffs shall file a response to defendants' objections, docket nos. 268 and 271, as well as to the inquiries in Paragraph 2, above, which shall not exceed twelve (12) pages in length. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
261
MINUTE ORDER granting Defendants' 257 Motion to Amend Answers: Within seven (7) days of the date of this Minute Order, defendant King County may electronically file an amended answer adding, with respect to plaintiffs' negligence cl aim, the affirmative defenses of assumption of risk and comparative negligence, and defendant Deputy Cesar Molina may electronically file an amended answer adding, with respect to plaintiffs' negligence claim, the affirmative defense of assumption of risk. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
259
MINUTE ORDER granting Defendant King Countys 249 Motion to Quash. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
245
MINUTE ORDER: The scheduling conference set for 9/24/2020, at 10:30 a.m., is STRICKEN; however, a status conference concerning discovery and the related disputes outlined in the 244 Joint Status Report is SET for 10/15/2020, at 10:30 a.m. The Court hereby SETS the following dates and deadlines: Jury Trial (10-15 days) is set for 4/19/2021 before Judge Thomas S. Zilly. Discovery completed by 2/1/2021, Dispositive motions due by 2/11/2021, Motions in Limine due by 3/18/2021, Agreed Modified Pretrial Order due by 4/2/2021, Voir dire/jury instructions/trial briefs due by 4/2/2021, Pretrial Conference set for 4/9/2021 at 10:00 AM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (LH)
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Filing
235
MINUTE ORDER re parties' 233 Stipulation. Plaintiffs are granted leave to again amend their pleading, and they shall electronically file their corrected Third Amended Complaint within seven (7) days of the date of this Minute Order. Any responsive pleading or motion shall be filed on or before September 10, 2020. Defendants' motion to dismiss, docket no. 229 , is STRICKEN as moot. Authorized by Judge Thomas S. Zilly. (TH)
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Filing
226
MINUTE ORDER: The United States Court of Appeals for the Ninth Circuit having issued its mandate on July 14, 2020, the stay imposed by the Order entered June 4, 2019, docket no. 209 , is hereby LIFTED, and this case is returned to the Courts activ e docket. The parties are DIRECTED to file a Joint Status Report, on or before September 18, 2020. A telephonic scheduling conference is SET for September 24, 2020, at 10:30 a.m. Counsel will be provided dialing instructions and an access code vi a email. Plaintiffs shall electronically file their Third Amended Complaint on or before July 31, 2020. The Third Amended Complaint shall be in a form that is consistent with the Minute Order entered December 2, 2019, docket no. 221 , and the Cou rt's prior rulings. Specifically, the Third Amended Complaint may plead a claim of negligence, but no other new cause of action, and shall not allege any claims that were previously dismissed. Any responsive pleading or motion shall be filed on or before August 20, 2020. Authorized by Judge Thomas S. Zilly. (LH)
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Filing
221
MINUTE ORDER granting in part and denying in part Plaintiffs' 218 Motion for Leave to File Third Amended Complaint: Plaintiffs will be allowed to file a Third Amended Complaint asserting a negligence claim in light of the recent decision i n Beltran-Serrano v. City of Tacoma, 193 Wn.2d 537, 442 P.3d 608 (2019). The Court will set deadlines for the filing of such amended pleading, the filing of any responsive pleading or motion, and the completion of any related discovery after the a ppeal in this matter is resolved and the stay imposed by the Order entered June 4, 2019, docket no. 209, is lifted. Plaintiffs' request to lift the stay and permit them to immediately file their proposed Third Amended Complaint is DENIED. P laintiffs' proposed Third Amended Complaint, docket nos. 218-2 (redlined) & 218-3, attempts to resurrect claims that have already been dismissed. With the exception of the negligence claim, as to which plaintiffs contend a change in the law has transpired, plaintiffs may not, by amending their pleadings, reinstate claims that were previously dismissed. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
215
MINUTE ORDER denying defendant King County's 211 Motion for Certification Pursuant to 28 U.S.C. § 1292(b). Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
209
ORDER denying plaintiffs' 196 Motion to Certify Defendants' Interlocutory Appeals as Frivolous. The pretrial conference set for 6/4/2019 and the trial date of 6/10/2019, are STRICKEN, and this matter is STAYED pending appeal. Signed by Judge Thomas S. Zilly. (SWT) (cc: Ninth Circuit via ad hoc)
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Filing
201
MINUTE ORDER denying plaintiffs' 200 Motion for Reconsideration. Pursuant to Paragraph 2 of 63 Minute Order, the parties are DIRECTED to file, by 9:00 a.m. on June 4, 2019, an exhibit list in table format. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
195
MINUTE ORDER granting in part and denying in part deferred portions of plaintiffs' 67 , 95 Motions to Exclude Expert Testimony; granting in part, striking in part, and denying in part defendants' 173 Supplemental Motion in Limine Concerning Expert Testimony. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
192
MINUTE ORDER granting in part, denying in part, and deferring in part plaintiffs' 154 MOTIONS IN LIMINE ; granting in part, denying in part, striking in part, and deferring in part defendant Reverend Dr. Martin Luther King, Jr. County' s 153 MOTIONS IN LIMINE, in which defendant King County Deputy Sheriff Molina joins ; granting in part, denying in part and deferring in part defendant Deputy Molina's 152 MOTIONS IN LIMINE, in which defendant King County Joins. Counsel shall be prepared to address at the Pretrial Conference on May 30, 2019, at 9:00 a.m., all deferred portions of the motions in limine. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
189
ORDER on defendant Reverend Dr. Martin Luther King, Jr. County's 78 MOTION for Summary Judgment. For the foregoing reasons, the Court previously GRANTED in part King County's motion for summary judgment, docket no. 78 , and DISMISSED with prejudice plaintiffs' outrage claim. Signed by Judge Thomas S. Zilly. (SWT) (Uyen Le, Dung Nguyen, Quoc Nguyen, Tam Nguyen, Jefferson Ho and Kim Tuyet Le terminated.)
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Filing
178
MINUTE ORDER granting in part and denying in part the deferred portions of defendant King County's 78 Motion for Summary Judgment. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
166
MINUTE ORDER. Plaintiffs' motion to preclude defendant King County from offering the expert testimony of James W. Borden, docket no. 67 , and the deferred portions of plaintiffs' motion to exclude experts, docket no. 95 , are GRANTED in part, DENIED in part, and DEFERRED in part. (See Minute Order for details.) Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
163
MINUTE ORDER granting in part and denying in part defendants' 162 Motion for Clarification or Reconsideration; VACATING portions of 148 Minute Order. The portions of defendants' motions for summary judgment in which they assert that RCW 4.20.046(1) operates to prohibit non-economic damages as to the § 1983 claim are DEFERRED, and counsel shall be prepared to address this issue at oral argument on 5/16/2019, at 9:00 a.m. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
150
MINUTE ORDER granting in part and denying in part defendant King County's 149 Motion for Leave to File Over-length Brief. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
148
MINUTE ORDER granting in part, striking in part, denying in part, and deferring in part Defendant King County's 78 MOTION for Summary Judgment ; granting in part, denying in part, and deferring in part Defendant Deputy Molina's 87 MOTION for Summary Judgment. At oral argument, scheduled for 5/9/2019, at 10:00 a.m., counsel shall be prepared to address the deferred portions of the pending motions, as well as whether the Court may and/or should defer ruling until trial on Deputy Molina's assertion of qualified immunity. Deadline for defendants to serve Pretrial Statements is EXTENDED to 5/7/2019, per parties' 144 Stipulation. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
143
MINUTE ORDER deferring to Oral Argument defendant King County Deputy Sheriff Cesar Molina's 87 Motion for Summary Judgment ; granting in part, striking in part, and deferring in part defendant King County's 78 Motion for Summary Judgmen t ; setting ORAL ARGUMENT on Deputy Molina's 87 Motion for Summary Judgment, and the deferred portions of defendant King County's 78 Motion for Summary Judgment: Motion Hearing set for 5/9/2019 at 10:00 AM ; denying plaintiff 9;s 91 Motion to Preclude King County from Calling as a Witness Dijana Coric of the Washington State Patrol Crime Laboratory ; granting in part as to James Anderson, Ph.D. and deferring in part as to James W. Borden and Caroline Crump, Ph.D . plaintiff's 95 Motion to Exclude Experts ; RENOTING deferred portions of plaintiffs' 95 Motion to Exclude Experts, and plaintiffs' 67 Motion to Exclude Borden on the Basis of Untimely Disclosure: Noting Date 4/26/2019. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
90
STIPULATION AND ORDER to nonsuit plaintiff Julia Nguyen, correct Jefferson Nguyen's name, and change case caption re parties' 71 Stipulation, by Judge Thomas S. Zilly. (SWT)(Julia Nguyen terminated.)
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Filing
65
STIPULATION AND ORDER dismissing plaintiffs' cause of action for negligent selection, training, and supervision only re parties' 64 Stipulation, by Judge Thomas S. Zilly. (SWT)
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Filing
58
MINUTE ORDER granting in part and deferring in part Defendant King County's 47 MOTION to Continue Trial Date and Related Dates. Discovery deadline extended from 2/11/219 to 3/14/2019. Defendant King County's reply brief in support of its motion for continuance remains due on February 8, 2019. Authorized by Judge Thomas S. Zilly. (PM)
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Filing
40
STIPULATION AND ORDER re: Discovery Examination and Chain of Custody Procedure re parties' 39 Stipulation, by Judge Thomas S. Zilly. (SWT)
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Filing
38
MINUTE ORDER granting parties' 37 Stipulated Motion for Extension of Time: Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/12/2018; dismissing with prejudice plaintiffs' fourth cause of action. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
30
STIPULATED PROTECTIVE ORDER signed by Judge Thomas S. Zilly. (TH)
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Filing
26
STIPULATION AND ORDER to amend complaint re parties' 25 Stipulation. Plaintiffs are granted leave to amend their complaint. Plaintiffs shall file their Second Amended Complaint within seven (7) days of the date of this Order. Signed by Judge Thomas S. Zilly. (SWT)
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Filing
24
MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES AND DEADLINES: Jury Trial is set for 6/3/2019, Length of trial: 1 to 2 weeks; Joinder of Parties due by 5/11/2018, Deadline to disclose names of experts is 9/7/2018, Expert Witness Disclos ure/Reports under FRCP 26(a)(2) due by 11/12/2018, Discovery Motions due by 1/3/2019, Discovery completed by 2/11/2019, Dispositive motions due by 5/14/2019, Amended Pleadings due by 8/3/2018, Motions in Limine due by 5/2/2019, Agreed Pre trial Order due by 5/17/2019, Pretrial Conference set for 5/24/2018 at 02:00 PM before Judge Thomas S. Zilly. Trial briefs to be submitted by 5/17/2019, Proposed voir dire/jury instructions due by 5/17/2019, 39.1 mediation to be completed by 3/11/2019. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
18
MINUTE ORDER setting Scheduling Conference set for 4/12/2018 at 09:30 AM before Judge Thomas S. Zilly; directing Clerk to modify first-named defendant on docket. Authorized by Judge Thomas S. Zilly. (SWT)
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