Simmers v. King County et al
Plaintiff: Ian Simmers
Defendant: John McSwain, Clement Rusk, King County, Jackson Beard, Kenneth Baxter, Mark Ericks, Unknown Officers, Edward J Hopkins, City of Bothell, Pat Raftus, Rebecca Miner, Unknown Sheriff Deputies, David Schlaegel and Ken Baxter
Case Number: 2:2021cv00100
Filed: January 27, 2021
Court: US District Court for the Western District of Washington
Presiding Judge: J Richard Creatura
Referring Judge: Richard A Jones
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2021 Filing 32 MOTION for Judgment on the Pleadings , filed by Defendants Ken Baxter, John McSwain, Pat Raftus. (Attachments: #1 Proposed Order Granting Deputies' Motion) Noting Date 4/16/2021, (Grindeland, Geoffrey)
March 25, 2021 Filing 31 MOTION to Dismiss pursuant to FRCP 12(c), filed by Defendants City of Bothell, Edward J Hopkins, Rebecca Miner, David Schlaegel. (Attachments: #1 Proposed Order) Noting Date 4/16/2021, (Triesch, Paul)
March 25, 2021 Filing 30 DECLARATION of Samantha Kanner filed by Defendant King County re #29 MOTION to Dismiss pursuant to FRCP 12(c) (Kanner, Samantha)
March 25, 2021 Filing 29 MOTION to Dismiss pursuant to FRCP 12(c), filed by Defendant King County. (Attachments: #1 Proposed Order) Noting Date 4/16/2021, (Kanner, Samantha)
March 16, 2021 Note: A trial date will be set by the assigned District Judge, the Honorable Richard A Jones, if the case is not resolved by settlement or dispositive motion. (KAM)
March 16, 2021 JSR NOTED on motion calendar; Noting Date 4/27/2021. (KAM)
March 16, 2021 Opinion or Order Filing 28 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 4/27/2021, FRCP 26(f) Conference Deadline is 4/6/2021, Initial Disclosure Deadline is 4/20/2021, by Judge J Richard Creatura. (KAM)
March 16, 2021 Opinion or Order Filing 27 ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge J Richard Creatura. (KAM)
March 16, 2021 Opinion or Order Filing 26 MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Richard A. Jones and referred to Judge J Richard Creatura for all further proceedings, by Judge J Richard Creatura. (KAM)
March 16, 2021 Filing 25 MOTION for Leave to Substitute as Parties the Estates of Deceased Defendants Beard and Rusk, filed by Plaintiff Ian Simmers. Noting Date 4/2/2021, (Hazinski, John)
March 16, 2021 Filing 24 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 3/23/2021. Please Note: Forms must not be electronically filed with the Court. (KAM)
March 8, 2021 Filing 23 ANSWER to #1 Complaint, with JURY DEMAND by Ken Baxter, John McSwain, Pat Raftus.(Grindeland, Geoffrey)
March 2, 2021 Filing 22 NOTICE of Association of Attorney by Nicole C Carsley on behalf of Defendants Ken Baxter, John McSwain, Pat Raftus. (Carsley, Nicole)
February 24, 2021 Filing 21 SERVICE OF SUMMONS and Complaint returned executed upon defendant John McSwain on 2/13/2021 (Owens, David)
February 22, 2021 Filing 20 ANSWER to #1 Complaint, with JURY DEMAND by City of Bothell, Mark Ericks, Edward J Hopkins, Rebecca Miner, David Schlaegel.(Triesch, Paul)
February 22, 2021 Filing 19 ANSWER to #1 Complaint, with JURY DEMAND by King County.(Kanner, Samantha)
February 18, 2021 Filing 18 ACCEPTANCE OF SERVICE of Summons and Complaint by Counsel Geoff Grindeland, on behalf of Captains Baxter and Raftis, on 2/18/2021. (Grindeland, Geoffrey)
February 18, 2021 Filing 17 NOTICE of Appearance by attorney Geoffrey M Grindeland on behalf of Defendants Ken Baxter, John McSwain, Pat Raftus. (Grindeland, Geoffrey)
February 17, 2021 Filing 16 WAIVER OF SERVICE of Summons upon defendant Edward J Hopkins mailed on 2/17/2021 (Owens, David)
February 16, 2021 Filing 15 SERVICE OF SUMMONS and Complaint returned executed upon defendant Rebecca Miner on 2/9/2021 (Owens, David)
February 16, 2021 Attorney Paul Joseph Triesch added for City of Bothell, Mark Ericks, Edward J Hopkins, Rebecca Miner, David Schlaegel; per #14 Notice of Appearance. (KMC)
February 12, 2021 Filing 14 NOTICE of Appearance by attorney Shannon M Ragonesi on behalf of Defendants City of Bothell, Mark Ericks, Edward J Hopkins, Rebecca Miner, David Schlaegel. (Ragonesi, Shannon)
February 11, 2021 Filing 13 SERVICE OF SUMMONS and Complaint returned executed upon defendant City of Bothell on 2/4/2021; David Schlaegel on 2/4/2021 (Owens, David)
February 9, 2021 Filing 12 NOTICE of Appearance by attorney Samantha Kanner on behalf of Defendant King County. (Kanner, Samantha)
February 8, 2021 Filing 11 SERVICE OF SUMMONS and Complaint returned executed upon defendant Mark Ericks on 2/2/2021 (Hazinski, John)
February 4, 2021 Filing 10 SERVICE OF SUMMONS and Complaint returned executed upon defendant King County on 1/29/2021 (Hazinski, John)
January 29, 2021 Filing 9 Summons(es) Electronically Issued as to defendant(s) Ken Baxter, Jackson Beard, City of Bothell, Mark Ericks, Edward J Hopkins, John McSwain, Rebecca Miner, Pat Raftus, Clement Rusk, David Schlaegel (Attachments: #1 Summons-Beard, #2 Summons-City of Bothell, #3 Summons-Ericks, #4 Summons-Hopkins, #5 Summons-McSwain, #6 Summons-Miner, #7 Summons-Raftus, #8 Summons-Rusk, #9 Summons-Schlaegel)(RE)
January 28, 2021 Opinion or Order Filing 8 ORDER re #6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John Hazinski for plaintiff Ian Simmers, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA)
January 28, 2021 Filing 7 DEMAND for JURY TRIAL by Plaintiff Ian Simmers (Owens, David)
January 28, 2021 Filing 6 APPLICATION OF ATTORNEY John Hazinski FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Ian Simmers (Fee Paid) Receipt No. AWAWDC-6905220 (Owens, David)
January 27, 2021 Filing 5 Summons Electronically Issued as to defendant King County. (RE)
January 27, 2021 Filing 4 NOTICE TO FILER: Notice of Filing Deficiency** Action Required ** See attached letter for more information and instructions. (RE)
January 27, 2021 Filing 3 NOTICE TO FILER: Notice of Filing Deficiency** Action Required ** See attached letter for more information and instructions. (Clerical error, please see docket entry 4) (RE)
January 27, 2021 Judge J Richard Creatura added. (RE)
January 27, 2021 Filing 2 PRAECIPE TO ISSUE SUMMONS TO DEFENDANTS by Plaintiff Ian Simmers (Owens, David)
January 27, 2021 Filing 1 COMPLAINT against All Defendants with JURY DEMAND (Receipt # AWAWDC-6901724) Attorney David B Owens added to party Ian Simmers(pty:pla), filed by Ian Simmers. (Attachments: #1 Civil Cover Sheet)(Owens, David) Modified on 1/28/2021 (MET).

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Defendant: John McSwain
Represented By: Nicole C Carsley
Represented By: Geoffrey M Grindeland
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Defendant: Clement Rusk
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Defendant: King County
Represented By: Samantha Kanner
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Defendant: Jackson Beard
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Defendant: Kenneth Baxter
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Defendant: Mark Ericks
Represented By: Paul Joseph Triesch
Represented By: Shannon M Ragonesi
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Defendant: Unknown Officers
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Defendant: Edward J Hopkins
Represented By: Paul Joseph Triesch
Represented By: Shannon M Ragonesi
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Defendant: City of Bothell
Represented By: Paul Joseph Triesch
Represented By: Shannon M Ragonesi
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Defendant: Pat Raftus
Represented By: Nicole C Carsley
Represented By: Geoffrey M Grindeland
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Defendant: Rebecca Miner
Represented By: Paul Joseph Triesch
Represented By: Shannon M Ragonesi
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Defendant: Unknown Sheriff Deputies
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Defendant: David Schlaegel
Represented By: Paul Joseph Triesch
Represented By: Shannon M Ragonesi
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Defendant: Ken Baxter
Represented By: Nicole C Carsley
Represented By: Geoffrey M Grindeland
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Plaintiff: Ian Simmers
Represented By: David B Owens
Represented By: John Hazinski
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