Carney v. State of Washington et al
Plaintiff: Mary M Carney
Defendant: State of Washington, Swinomish Indian Tribal Community and Washington State Parks and Recreation Commission
Case Number: 2:2021cv00415
Filed: March 26, 2021
Court: US District Court for the Western District of Washington
Presiding Judge: Marsha J Pechman
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2021 Opinion or Order Filing 33 RESPONSE, by Defendant Swinomish Indian Tribal Community, to #21 MOTION to Remand to State Court. (Golding, Wyatt)
May 24, 2021 Opinion or Order Filing 32 RESPONSE, by Defendant Washington State Parks and Recreation Commission, to #21 MOTION to Remand to State Court. (Heidinger, John)
May 18, 2021 Opinion or Order Filing 31 MINUTE ORDER: Plaintiff Mary Carney has filed a motion to remand for lack of subject-matter jurisdiction, noted for May 28. (Dkt. Nos. #21 , #22 .) The #10 motion to dismiss is renoted to May 28, as the Court must first ascertain jurisdiction. Authorized by Judge Marsha J. Pechman. (LH)
May 7, 2021 Opinion or Order Filing 30 Second DECLARATION of Karen Mitchell, MS, LG filed by Defendant Swinomish Indian Tribal Community re #10 MOTION to Dismiss (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Slonim, Marc)
May 7, 2021 Opinion or Order Filing 29 DECLARATION of Todd Mitchell, MS filed by Defendant Swinomish Indian Tribal Community re #10 MOTION to Dismiss (Slonim, Marc)
May 7, 2021 Opinion or Order Filing 28 REPLY, filed by Defendant Swinomish Indian Tribal Community, TO RESPONSE to #10 MOTION to Dismiss (Slonim, Marc)
May 4, 2021 Opinion or Order Filing 27 PRAECIPE to attach document re #23 Response to Motion by Plaintiff Mary M Carney (Attachments: #1 Updated Opposition to Motion to Dismiss)(Gellert, Nicholas)
May 4, 2021 Opinion or Order Filing 26 NOTICE of Association of Attorney by John Heidinger on behalf of Defendant Washington State Parks and Recreation Commission. (Heidinger, John)
May 3, 2021 Opinion or Order Filing 25 DECLARATION of Jennifer A. MacLean filed by Plaintiff Mary M Carney re #10 MOTION to Dismiss (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O)(Gellert, Nicholas)
May 3, 2021 Opinion or Order Filing 24 DECLARATION of Walter F. Crampton filed by Plaintiff Mary M Carney re #10 MOTION to Dismiss (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Gellert, Nicholas)
May 3, 2021 Opinion or Order Filing 23 RESPONSE, by Plaintiff Mary M Carney, to #10 MOTION to Dismiss . Oral Argument Requested. (Attachments: #1 Proposed Order)(Gellert, Nicholas)
April 26, 2021 Opinion or Order Filing 22 DECLARATION of Jennifer A. MacLean filed by Plaintiff Mary M Carney re #21 MOTION to Remand to State Court (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Gellert, Nicholas)
April 26, 2021 Opinion or Order Filing 21 MOTION to Remand to State Court, filed by Plaintiff Mary M Carney. (Attachments: #1 Proposed Order) Noting Date 5/28/2021, (Gellert, Nicholas)
April 23, 2021 Opinion or Order Filing 20 NOTICE that the following is RE-NOTED: #10 MOTION to Dismiss . Filed by Defendant Swinomish Indian Tribal Community. Noting Date 5/7/2021, (Golding, Wyatt)
April 20, 2021 Opinion or Order Filing 19 ORDER granting Plaintiff's #18 Motion for Leave to File an Over-Length Brief in Support of Plaintiff's Motion for Remand. Signed by Judge Marsha J. Pechman. (SR)
April 19, 2021 Opinion or Order Filing 18 MOTION for Leave to an File Over-Length Brief in Support of Plaintiff's Motion for Remand, filed by Plaintiff Mary M Carney. (Attachments: #1 Proposed Order) Noting Date 4/19/2021, (Gellert, Nicholas)
April 16, 2021 Opinion or Order Filing 17 DECLARATION of Andy Woo filed by Defendants State of Washington, Washington State Parks and Recreation Commission re #10 MOTION to Dismiss (Attachments: #1 Exhibit A)(Woo, Andy)
April 16, 2021 Opinion or Order Filing 16 RESPONSE, by Defendants State of Washington, Washington State Parks and Recreation Commission, to #10 MOTION to Dismiss . Oral Argument Requested. (Woo, Andy)
April 7, 2021 Opinion or Order Filing 15 NOTICE of Appearance by attorney Weston LeMay on behalf of Defendant Swinomish Indian Tribal Community. (LeMay, Weston)
April 7, 2021 Opinion or Order Filing 14 VERIFICATION OF STATE COURT RECORDS by Defendant Swinomish Indian Tribal Community (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Golding, Wyatt)
April 7, 2021 Opinion or Order Filing 13 DEMAND for JURY TRIAL by Plaintiff Mary M Carney (Gellert, Nicholas)
April 2, 2021 Opinion or Order Filing 12 DECLARATION of Emily Haley filed by Defendant Swinomish Indian Tribal Community re #10 MOTION to Dismiss (Attachments: #1 Exhibit 1-40)(Haley, Emily)
April 2, 2021 Opinion or Order Filing 11 DECLARATION of Karen Mitchell, MS, LG filed by Defendant Swinomish Indian Tribal Community re #10 MOTION to Dismiss (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Haley, Emily)
April 2, 2021 Opinion or Order Filing 10 MOTION to Dismiss , filed by Defendant Swinomish Indian Tribal Community. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 5/28/2021 4/30/2021, (Haley, Emily) Modified to re-note on 5/18/2021 (LH).
March 31, 2021 Opinion or Order Filing 9 ORDER re #3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Odin Alonso Smith for Plaintiff Mary M Carney, 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).(DS)
March 31, 2021 Opinion or Order Filing 8 NOTICE of Appearance by attorney Wyatt Foster Golding on behalf of Defendant Swinomish Indian Tribal Community. (Golding, Wyatt)
March 30, 2021 Opinion or Order Filing 7 Notice of Filing Deficiency re #1 Notice of Removal,. ***Action Required*** Improper Signature - Secondary Attorney(s).See attached letter for more information and instructions. (RE) (Main Document 7 replaced on 3/31/2021 to add additional attorney) (RE)
March 30, 2021 Opinion or Order Filing 6 LETTER from Clerk re receipt of case from Skagit County Superior Court and advising of WAWD case number and judge assignment. (RE)
March 30, 2021 Opinion or Order Filing 5 Notice of Filing Deficiency ***Action Required*** Attorney Admission.See attached letter for more information and instructions. (RE)
March 30, 2021 Opinion or Order Judge Marsha J. Pechman added. (RE)
March 29, 2021 Opinion or Order Filing 4 ORDER re #2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jennifer A Maclean for Plaintiff Mary M Carney, 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).(DS)
March 29, 2021 Opinion or Order Filing 3 APPLICATION OF ATTORNEY Odin A. Smith FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Mary M Carney (Fee Paid) Receipt No. AWAWDC-7017480 (Gellert, Nicholas)
March 29, 2021 Opinion or Order Filing 2 APPLICATION OF ATTORNEY Jennifer A. MacLean FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Mary M Carney (Fee Paid) Receipt No. AWAWDC-7017429 (Gellert, Nicholas)
March 26, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from Skagit County Superior Court, case number 21-2-00126-29; (Receipt # AWAWDC-7016049) Attorney Wyatt Foster Golding added to party Swinomish Indian Tribal Community(pty:dft), filed by Swinomish Indian Tribal Community. (Attachments: #1 Complaint, #2 Amended Complaint, #3 Civil Cover Sheet)(Golding, Wyatt)

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Defendant: State of Washington
Represented By: Andy Woo
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Defendant: Swinomish Indian Tribal Community
Represented By: Marc Slonim
Represented By: Wyatt Foster Golding
Represented By: Emily Rae Hutchinson Haley
Represented By: Weston LeMay
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Defendant: Washington State Parks and Recreation Commission
Represented By: Andy Woo
Represented By: John Heidinger
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Plaintiff: Mary M Carney
Represented By: Nicholas Peter Gellert
Represented By: Odin Alonso Smith
Represented By: Jennifer A Maclean
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