Roberts v. Khounphixay et al
| Joe J.W. Roberts, Jr. |
| Vilma Khounphixay, J. Warner, J. Robison, Lynn, Heather Helms, Lindsy McIntyre, Ayala and John Doe 1 - 3 |
| 2:2018cv00746 |
| May 22, 2018 |
| US District Court for the Western District of Washington |
| Seattle Office |
| Snohomish |
| Marsha J. Pechman |
| Brian A Tsuchida |
| 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
186
ORDER OF DISMISSAL: The Court having been notified of the settlement of this case, and it appearing that no issue remains for the court's determination, IT IS ORDERED that this action and all claims asserted herein are DISMISSED with prejudic e and without costs to any party. In the event that the settlement is not perfected, any party may move to reopen the case, provided that such motion is filed within sixty (60) days of the date of this order. Any trial date and pretrial dates previously set are hereby VACATED. Signed by Judge Marsha J. Pechman. (MW)
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Filing
179
MINUTE ORDER: THIS MATTER has been referred to the Honorable Magistrate Judge Theresa Fricke for settlement purposes. Authorized by Judge Marsha J. Pechman. (SR)
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Filing
176
ORDER granting Plaintiff's 170 Motion to Certify Appeal as Frivolous. Because Khounphixay's arguments for appeal would require, at the very least, contorting the facts in her favor and ignoring case law from the Ninth Circuit, and bec ause the DOC is appealing a denial of summary judgment for claims Plaintiff has not pled, where there is clear Supreme Court precedent allowing the claims that do exist, the Court GRANTS Plaintiff's Motion and certifies Defendants appeal as frivolous. Signed by Judge Marsha J. Pechman. (PM) cc: 9th Circuit Court of Appeal via ECF ad hoc, cc to Plaintiff via USPS
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Filing
166
ORDER granting in part and denying in part Defendants' 127 Motion for Summary Judgment. Summary Judgment is GRANTED as to Defendants Lindsay McIntyre, Heather Helms, Jana Robison, Jack Warner, Lynn, and Does One and Two. Summary Judgment is DENIED as to Defendant DOC and Defendant Khounphixay. Defendants' Motion to Strike (Dkt. No. 151 at 2-4) is GRANTED in part DENIED in part. Defendants' Motion to Strike Late Filed Exhibits (Dkt. No. 157 ) is DENIED. Signed by Judge Marsha J. Pechman. (PM)
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Filing
158
ORDER granting Plaintiff's 124 Motion to Exclude Expert Testimony, and granting Plaintiff's 126 148 Motions to Seal. The Court also SEALS the exhibits "Mental Health Update" and "Psychiatric Progress Note." (Dkt. No. 130 , Ex. No. 1). Signed by Judge Marsha J. Pechman. (LH)
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Filing
135
ORDER re: Plaintiff's 133 Emergency Motion to Seal. The Court ORDERS that Dkt. 130 -1 shall be placed under seal until the Court rules on Roberts' Motion to Seal (Dkt. 126 ). Signed by Judge Marsha J. Pechman. (PM)
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Filing
122
ORDER denying Defendant Department of Corrections 118 Motion for Reconsideration of this Court's 112 Order denying its Motion to Dismiss. Signed by Judge Marsha J. Pechman. (PM)
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Filing
121
ORDER granting Defendants' 109 Motion Rule 35 Motion for an Independent Mental Examination. The Parties are to confer on the time, place and location of the exam. Signed by Judge Marsha J. Pechman. (PM)
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Filing
120
ORDER granting parties' 119 Stipulated Motion to Modify Deadlines. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/19/2020, Rebuttal Expert Disclosure/Reports due by 7/20/2020, Dispositive motions due by 7/27/2020. Signed by Judge Marsha J. Pechman. (PM)
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Filing
112
ORDER denying Defendant's 95 Motion to Dismiss; granting in part and denying in part Defendant's 98 Motion for Protective Order. Signed by Judge Marsha J. Pechman. (PM)
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Filing
100
ORDER granting parties' 97 Stipulation to Modify Deadlines. The non-expert discovery cutoff deadline is moved to December 27, 2019, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/27/2020, Discovery completed by 3/13/2020, Dispositive motions due by 3/27/2020. Signed by Judge Marsha J. Pechman.(PM)
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Filing
86
MINUTE ORDER requesting status update re pending motions from parties within seven (7) days of this Order. Authorized by Judge Marsha J. Pechman. (PM)
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Filing
80
ORDER REFERRING TO PRO BONO PANEL - granting Plaintiff's 71 74 Motions for Appointment of Counsel. This matter is referred to Pro Bono Coordinator Sharon Haas to seek an attorney from the Pro Bono Panel. Signed by Judge Marsha J. Pechman. **2 PAGE(S), PRINT ALL**(Joe Roberts, Prisoner ID: 394089) (PM) cc: Sharon Haas
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Filing
62
ORDER denying Plaintiff's 55 Motion for assistance and for counsel. Signed by Hon. Brian A Tsuchida. **2 PAGE(S), PRINT ALL** (Joe Roberts, Prisoner ID: 394089)(PM)
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Filing
54
ORDER denying without prejudice Plaintiff's 45 Motion to Compel and Plaintiff's 53 Motion for Reconsideration. Signed by Hon. Brian A Tsuchida. (PM) cc: Plaintiff via first class mail
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Filing
50
ORDER denying Plaintiff's 38 Motion for a 20-day extension of his deadline to respond to Defendant's motion for judgment on the pleadings. Signed by Hon. Brian A Tsuchida. (PM) cc: Plaintiff via first class mail
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Filing
48
ORDER denying Plaintiff's 32 Motion to Extend Discovery and for the Appointment of an Expert. Signed by Hon. Brian A Tsuchida. (SWT) (cc: Plaintiff via USPS)
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Filing
39
ORDER directing Plaintiff to provide full name and current service address of unserved defendant. This address must be provided to the Court on or before 10/17/2018, by Hon. Brian A Tsuchida. (SWT) (cc: Plaintiff via USPS)
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Filing
31
ORDER Denying 24 Motion to Appoint Counsel signed by Hon. Brian A Tsuchida. (cc: Plaintiff via USPS) (KMP)
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Filing
29
ORDER granting Plaintiff's 26 Motion for Jury Demand. Signed by Hon. Brian A Tsuchida. (PM) cc: plaintiff via first class mail
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Filing
23
ORDER denying as moot Plaintiff's 22 Motion for Miscellaneous Relief re Copy of Answer signed by Hon. Brian A Tsuchida. (TH) (cc: Plaintiff via USPS)
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Filing
20
PRETRIAL SCHEDULING ORDER signed by Hon. Brian A Tsuchida. Discovery to be completed by 10/25/2018, Dispositive motions due by 11/26/2018. (PM) cc: plaintiff via first class mail
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