Garcia et al v. Island County et al
| Valerine Garcia and Heath Garcia |
| Michael Hawley, Island County and Robert Mirabal |
| 2:2020cv01318 |
| September 2, 2020 |
| US District Court for the Western District of Washington |
| Thomas S Zilly |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 26
ORDER granting in part and denying in part Defendants' #19 Motion for Summary Judgment. Plaintiffs' Monell ( 1983) claim against Island County is DISMISSED with prejudice. Defendants' motion is otherwise DENIED. Signed by Judge Thomas S. Zilly. (SR)
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Filing 25
REPLY, filed by Defendants Michael Hawley, Island County, Robert Mirabal, TO RESPONSE to #19 MOTION for Summary Judgment (Justice, John)
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Filing 24
SUPPLEMENT re #21 Response to Motion for Summary Judgment by Plaintiffs Heath Garcia, Valerine Garcia (Krulewitch, Jay)
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Filing 23
REDACTION to #22 Declaration of Jay H. Krulewitch by Plaintiffs Heath Garcia, Valerine Garcia (Krulewitch, Jay)
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NOTICE TO FILER: re #22 Declaration. Document(s) contain personal identifiers (DOB) that must be redacted pursuant to Federal Rule of Civil Procedure 5.2(a) and Local Rule of Civil Procedure 5.2. You must refile a redacted version of your document by going to Other Documents and selecting Redacted Document. This event will allow you to relate back to the original filing and will not affect your original filing date. Pursuant to FRCP 5.2 and LCR 5.2, the document(s) have been administratively sealed by the Court. (SR)
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Filing 22
SEALED DECLARATION of Jay H. Krulewitch filed by Plaintiffs Heath Garcia, Valerine Garcia re #19 MOTION for Summary Judgment (Krulewitch, Jay) Modified on 8/23/2022 to seal entry (SR).
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Filing 21
RESPONSE, by Plaintiffs Heath Garcia, Valerine Garcia, to #19 MOTION for Summary Judgment . (Attachments: #1 Proposed Order Plaintiffs Proposed Order)(Krulewitch, Jay)
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Filing 20
DECLARATION of John Justice in Supp Defs' MSJ filed by Defendants Michael Hawley, Island County, Robert Mirabal re #19 MOTION for Summary Judgment (Justice, John)
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Filing 19
MOTION for Summary Judgment , filed by Defendants Michael Hawley, Island County, Robert Mirabal. (Attachments: #1 Proposed Order) Noting Date 8/26/2022, (Justice, John)
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***Motion terminated: #18 Joint MOTION for Extension of Time to Complete Discovery OF WITNESS DEPOSITIONS filed by Valerine Garcia, Heath Garcia., Set/Reset Deadlines: Pursuant to the parties' Agreed Stipulation, docket no. #18 , the deadline to complete discovery is EXTENDED to 8/31/2022, for the following specified reasons: 1) to allow proper time for the Skagit County Sheriffs Office to provide the parties with the requested files, information, and digital scans, and 2) for the parties to take the depositions of the three above-described SMART Team Detectives which are currently scheduled as follows: Detective Nelson on July 28, 2022, at 9:30 a.m., Det. Comnick on August 2, 2022, at 10:00 a.m., and Det. Shackleton on August 2, 2022, at 1:00 p.m. (FMR)
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Filing 18
Joint MOTION for Extension of Time to Complete Discovery OF WITNESS DEPOSITIONS, filed by Plaintiffs Heath Garcia, Valerine Garcia. Noting Date 7/5/2022, (Krulewitch, Jay)
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Set/Reset Deadlines: Pursuant to the parties' Stipulation, docket no. 17, the discovery deadline for the taking of damage expert depositions, only, is EXTENDED to 10/5/2022, (FMR)
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Filing 17
Stipulated MOTION and Order Extending the Discovery Deadline to Complete Damage Expert Witness Depositions, filed by Defendants Michael Hawley, Island County, Robert Mirabal. (Justice, John)
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Filing 16
MINUTE ORDER granting Parties' #15 Stipulated MOTION. Jury Trial is set for 10/31/2022 before Judge Thomas S. Zilly. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/23/2022, Discovery Motions due by 6/2/2022, Discovery to be completed by 7/5/2022, Dispositive motions due by 8/5/2022, Motions related to expert witnesses due by 8/12/2022, Motions in Limine due by 9/29/2022, Agreed Pretrial Order due by 10/14/2022, Voir dire/jury instructions/trial briefs due by 10/14/2022, Pretrial Conference set for 10/21/2022 at 10:00 AM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly.(MW)
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Filing 15
Agreed Stipulated MOTION EXTENSION OF TRIAL DATE AND CASE SCHEDULE DEADLINES, filed by Plaintiffs Heath Garcia, Valerine Garcia. (Attachments: #1 Proposed Order) Noting Date 12/8/2021, (Krulewitch, Jay)
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Set/Reset Deadlines: Pursuant to the parties' Second Stipulated Motion to Extend Expert Disclosure Date, docket no. 14, the deadline for Expert Witness Disclosure/Reports under FRCP 26(a)(2) is EXTENDED to 12/22/2021, (FMR)
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Set/Reset Deadlines: Pursuant to the parties' Second Stipulated Motion to Extend Expert Disclosure Date, docket no. #14 , the deadline for Expert Witness Disclosure/Reports under FRCP 26(a)(2) is EXTENDED to 10/18/2021, (FMR)
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Filing 14
Second Stipulated MOTION to Extend Expert Disclosure Date, filed by Defendants Michael Hawley, Island County, Robert Mirabal. Noting Date 9/13/2021, (Justice, John)
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Set/Reset Deadlines: Pursuant to the parties' Agreed Stipulation, docket no. #12 , the discovery deadline is EXTENDED to 1/18/2022, the deadline for Expert Witness Disclosure/Reports under FRCP 26(a)(2) is EXTENDED to 10/18/2021, (FMR)
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Filing 13
PRAECIPE to attach document to correct case number error re #12 Agreed Stipulated MOTION Extend Expert Disclosure Deadline and Discovery Cutoff Deadline by Plaintiffs Heath Garcia, Valerine Garcia (Attachments: #1 Supplement, #2 Supplement)(Krulewitch, Jay)
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Filing 12
Agreed Stipulated MOTION Extend Expert Disclosure Deadline and Discovery Cutoff Deadline, filed by Plaintiffs Heath Garcia, Valerine Garcia. (Attachments: #1 Proposed Order) Noting Date 7/14/2021, (Krulewitch, Jay)
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Filing 11
MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES by Judge Thomas S. Zilly; Length of Trial: *7-10 days*. Jury Trial is set for 3/7/2022 at 09:00 AM in Courtroom 15206 before Judge Thomas S. Zilly. Joinder of Parties due by 3/11/2021, Amended Pleadings due by 8/16/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 8/16/2021, Motions due by 10/7/2021, Discovery completed by 11/15/2021, Dispositive motions due by 12/16/2021, Motions related to expert witnesses due by 12/23/2021, Motions in Limine due by 2/3/2022, Pretrial Order due by 2/18/2022, Trial briefs to be submitted by 2/18/2022, Proposed voir dire/jury instructions due by 2/18/2022, Pretrial Conference set for 2/25/2022 at 10:00 AM in Courtroom 15206 before Judge Thomas S. Zilly. (FMR)
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Filing 10
JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 7-10 days. (Krulewitch, Jay)
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Filing 9
STIPULATION AND PROPOSED ORDER Extending Initial Scheduling Dates by parties re #3 Joint Status Report Order Form for Magistrate Judges (Justice, John)
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Set/Reset Deadlines: FRCP 26(f) Conference Deadline is EXTENDED to 1/26/2021, Initial Disclosure Deadline is EXTENDED to 2/2/2021, Joint Status Report due date is EXTENDED to 2/9/2021, (FMR)
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Filing 8
ANSWER to #1 Complaint,, by Michael Hawley, Island County, Robert Mirabal.(Justice, John)
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Filing 7
MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Thomas S. Zilly for all further proceedings. Magistrate Judge Theresa L Fricke no longer assigned to case. By Traci Whiteley, Deputy Clerk, for Clerk William M McCool. (TW)
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Filing 6
NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 9/21/2020. Please Note: Forms must not be electronically filed with the Court. (TW)
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Filing 5
NOTICE of Appearance by attorney John E Justice on behalf of Defendants Michael Hawley, Island County, Robert Mirabal. (Justice, John)
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Filing 4
ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Theresa L Fricke. (TW)
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Filing 3
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 12/8/2020, FRCP 26(f) Conference Deadline is 11/24/2020, Initial Disclosure Deadline is 12/1/2020, by Judge Theresa L Fricke. (TW)
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JSR deadline NOTED on motion calendar; Noting Date 12/8/2020, (TW)
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Filing 2
Summons(es) Electronically Issued as to defendant(s) All Defendants (Attachments: #1 Summons, #2 Summons)(SG)
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***Civil Case Terminated. Incorrect divisional office selected by filer. Please see C3:20-CV-5890-RSM for all filings in this matter. (SG) Modified on 9/3/2020 clerical error - case is active and open. (SG).
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Judge Theresa L Fricke added. (SG)
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Case correctly filed in Seattle. clerical error transferring to Tacoma Jurisdiction. Please disregard previous notice to filer. (SG)
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Filing 1
COMPLAINT of Heath Garcia and Valerine Garcia against defendant(s) All Plaintiffs All Defendants with JURY DEMAND (Receipt # AWAWDC-6573821) Attorney Jay H Krulewitch added to party Heath Garcia(pty:pla), Attorney Jay H Krulewitch added to party Valerine Garcia(pty:pla), filed by Heath Garcia, Valerine Garcia. (Attachments: #1 Civil Cover Sheet, #2 Summons for Defendant Island County, #3 Summons for Defendant Robert Mirabal, #4 Summons for Defendant Michael Hawley)(Krulewitch, Jay) Modified on 9/4/2020 to correct party against whom complaint is filed (KB).
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