Grae-El et al v. City of Seattle et al
| Zion Grae-El, Caprice Strange and Zion T Grae-El |
| City of Seattle, Seattle Police Department, Ryoma Nichols, Daina Boggs, Seattle Childrens Hospital, Hannah Deming, Stanford Ackley, Brenda Aguilar, State of Washington Department of Children Youth and Families, Annaliese Ferreria, Greg McCormack, Christine Spencer, Rosalynda Carlton, Derrick Reinhardt, Schawna Jones, Rebecca Webster, Rachel Zakopyko, Corey Grace, Stephanie Allison-noone, Tabitha Pomeroy, Olive Crest, Sienna Bedford, Heather Hadfield, scott hadfield, Seattle Public Schools, Natalie Long and Seattle Children's Hospital |
| 2:2021cv01678 |
| December 16, 2021 |
| US District Court for the Western District of Washington |
| James L Robart |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.
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Filing 45
JOINT STATUS REPORT signed by all parties. (DeCarlow, Andrew)
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Filing 44
PRAECIPE by Plaintiffs Zion T Grae-El, Caprice Strange (Attachments: #1 Jury Demand Demand for Jury Trial with added CS signature, Dkt. #31 #2 Motion to preserve with added CS signature, Dkt. #27 (Grae-El, Zion) Modified to create linkage on 2/7/2022 (LH).
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Filing 43
ORDER ON RESPONSE TO ORDER TO SHOW CAUSE: Plaintiffs have not filed praecipes to their motion for preservation of records (Dkt. #27 ) or their jury trial demand (Dkt. #31 ). Pursuant to the court's prior order [Dkt. #39 ) Plaintiffs must correct those filings or provide good cause for their failure to do so by February 16, 2022. The parties are ORDERED to submit a joint status report within seven (7) days of the date of the filing of this order indicating whether the issues presented in the SPS Defendants' motion to dismiss (Dkt. #15 ) or the Plaintiffs' preservation motion (Dkt. #27 ) remain in dispute. The Clerk is further DIRECTED to renote the following motions to February 18, 2022: (i) Defendants Seattle Children's Hospital, Brenda Aguilar, Hannah Deming, and Stanford Ackley's motion to dismiss (Dkt. #10 ); (ii) SPS Defendants' motion to dismiss (Dkt. #15 ); (iii) Plaintiffs' motion to remand (Dkt. #16 (sealed)); and (iv) Plaintiffs' motion to preserve records (Dkt. #27 ). Signed by Judge James L. Robart. (LH) (cc: Plaintiff Strange via US mail)
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Filing 42
PRAECIPE by Plaintiffs Zion T Grae-El, Caprice Strange (Attachments: #1 Application for Court-Appointed Counsel #19 Appointed councel application with added signature, #2 Exhibit #16 Objection/Reply to SCH motion to dismiss with added signature, #3 Exhibit #22 Objection/Reply to SCH motion to dismiss with added signature, #4 Exhibit #37 Motion to Dismiss by Plaintiffs with added signature, #5 Amended Complaint #1 Original Complaint with added signature of CS)(Grae-El, Zion) Modified to create linkage on 2/2/2022 (LH).
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Filing 41
ORDER granting Parties' #40 Joint Motion for Relief from Initial Scheduling Order Deadlines. FRCP 26(f) Conference Deadline is 2/23/2022, Initial Disclosures Pursuant to FRCP 26(a)(1) Deadline is 3/9/2022, Combined Joint Status Report and Discovery Plan as Required by FRCP 26(f) and Local Civil Rule 26(f) due by 3/16/2022. Signed by Judge James L. Robart. (SB) (cc: Plaintiff Strange and Defendants Hadfield via USPS) Modified on 1/26/2022 (SB).
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Filing 40
Joint MOTION for Extension of Time /Relief from Initial Scheduling Order Deadlines, filed by Defendants Stanford Ackley, Brenda Aguilar, Stephanie Allison-Noone, Daina Boggs, Rosalynda Carlton, City of Seattle, Hannah Deming, Annaliese Ferreria, Corey Grace, Schawna Jones, Natalie Long, Greg McCormack, Ryoma Nichols, Tabitha Pomeroy, Derrick Reinhardt, Seattle Children's Hospital, Seattle Public Schools, Christine Spencer, State of Washington Department of Children Youth and Families, Rebecca Webster, Rachel Zakopyko. (Attachments: #1 Proposed Order) Noting Date 1/25/2022, (Barry, John)
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Filing 39
ORDER ON JOINT STIPULATED MOTION, MOTION FOR VOLUNTARY DISMISSAL, AND TO SHOW CAUSE. The parties' stipulated motion (Dkt. #32 ) is GRANTED in part and DENIED in part and Mr. Grae-El's claims against the SPS Defendants are hereby DISMISSED with prejudice. Plaintiffs' motion to dismiss without prejudice (i) Plaintiffs Z.A.G., E.A.D., E.M.D., A.S., and A.G. and (ii) Defendants Olivecrest Foster Agency, Sienna Bedford, Scott Hadfield, and Heather Hadfield (Dkt. #37 ) is GRANTED. Plaintiffs are ORDERED to show cause, by February 16, 2022, why Ms. Strange should not be dismissed without prejudice from this action for her failure to sign the complaint and their other filings. The Clerk is directed to renote the following motions to February 16, 2022: (i) Defendants Seattle Children's Hospital, Brenda Aguilar, Hannah Deming, and Stanford Ackley's motion to dismiss (Dkt. #10 ); (ii) SPS Defendants' motion to dismiss (Dkt. #15 ); (iii) Plaintiffs' motion to remand (Dkt. #16 (sealed)); and (iv) Plaintiffs' motion to preserve records (Dkt. #27 ). Signed by Judge James L. Robart. (LH) (cc: Plaintiff Strange and Defendants Hadfield via US mail)
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Filing 38
MINUTE ENTRY: The court's scheduling order regarding class certification (Dkt. #25 ) was entered in error and is hereby withdrawn. Authorized by Judge James L. Robart. (LH) Modified on 1/19/2022 to indicate mail-out to Plaintiff Strange and Defendants Hadfield (LH).
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NOTICE of Docket Text Modification re dkts. #35 , #36 . Added name of co-filer to docket. #35 . Edited title of dkt. #36 . (LH)
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Filing 37
MOTION to Dismiss HH, SH, OC, SB, AS, AG, EAD, and EMD, filed by Plaintiff Zion T Grae-El. Oral Argument Requested. Noting Date 2/4/2022, (Grae-El, Zion)
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Filing 36
NOTICE of Joinder JOINING #33 Response to Motion RESPONSE, by Defendants Stephanie Allison-Noone, Rosalynda Carlton, Annaliese Ferreria, Corey Grace, Schawna Jones, Greg McCormack, Tabitha Pomeroy, Derrick Reinhardt, Christine Spencer, State of Washington Department of Children Youth and Families, Rebecca Webster, Rachel Zakopyko, to #16 MOTION to Remand. (Allen, Timothy) Modified to correct name of filing as Joinder on 1/19/2022 (LH).
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Filing 35
NOTICE of Joinder JOINING #33 Response to Motion, by Defendants Seattle Children's Hospital, Brenda Aguilar. (Moniz, Donna) Modified to add defendant on 1/19/2022 (LH).
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Filing 34
NOTICE of Joinder JOINING #33 Response to Motion, by Defendants Stanford Ackley, Hannah Deming. (Taft, Michelle)
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Filing 33
RESPONSE, by Defendants Daina Boggs, City of Seattle, Ryoma Nichols, to #16 MOTION to Remand. (Attachments: #1 Proposed Order)(Barry, John)
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Filing 32
Stipulated MOTION to Dismiss with Prejudice, filed by Defendants Natalie Long, Seattle Public Schools. Noting Date 1/14/2022, (DeCarlow, Andrew)
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Filing 31
DEMAND for JURY TRIAL by Plaintiff Zion T Grae-El (Grae-El, Zion)
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Filing 30
REPLY, filed by Defendants Natalie Long, Seattle Public Schools, TO RESPONSE to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DeCarlow, Andrew)
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***Motion terminated: #26 MOTION Demand for Jury trial filed by Zion T Grae-El. Dkt. #26 is a Jury Demand, not a motion; docket entry has been modified accordingly. (AD)
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NOTICE of Docket Text Modification re dkts. #28 , #29 . #28 Reply amended to include names of all filing parties. #29 edited to clarify filing is a batch of exhibits with redactions made by filer. (LH)
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Filing 29
Redacted Exhibits re #16 Sealed Motion and Response, #22 Sealed Second Response REPLY, filed by Plaintiff Zion T Grae-El, TO RESPONSE to #10 , MOTION to Dismiss Party (Attachments: #1 Exhibit Expert opinion of Dr. Gabaeff, #2 Exhibit Interview of SW BA, #3 Exhibit SW Expert opinion of S. Ulrich, #4 Exhibit Interview of Dr. Deming)(Grae-El, Zion) Modified title to reflect these are redacted exhibits on 1/14/2022 (LH).
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Filing 28
REPLY, filed by Defendants Seattle Children's Hospital, Brenda Aguilar, Hannah Deming, and Stanford Ackley, TO RESPONSE to #10 MOTION to Dismiss Party (Moniz, Donna) Modified to include names of additional filers on 1/14/2022 (LH).
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Filing 27
MOTION Preservation of records , filed by Plaintiff Zion T Grae-El. Oral Argument Requested. Noting Date 2/18/2022 2/16/2022 2/4/2022, (Grae-El, Zion) Modified noting date per order on 1/19/2022 (LH). Modified noting date per order on 2/3/2022 (LH).
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Filing 26
MOTION DEMAND for JURY TRIAL by Plaintiff Zion T Grae-El. Oral Argument Requested. Noting Date 2/4/2022, (Grae-El, Zion) Modified on 1/14/2022 reflect filing is a Jury Demand, not a motion (AD).
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Filing 25
***WITHDRAWN*** SCHEDULING ORDER REGARDING CLASS CERTIFICATION MOTION by Judge James L. Robart. Deadline to complete discovery on class certification: 5/13/2022. Deadline for Plaintiffs to file motion for class certification: 6/14/2022. (AD) cc: Plaintiff Strange and Hadfield Defendants via US mail. Modified to indicate entry is withdrawn due to being filed in error on 1/19/2022 (LH).
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Filing 24
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 2/14/2022, FRCP 26(f) Conference Deadline is 1/24/2022, Initial Disclosure Deadline is 2/7/2022. (AD) Modified on 1/10/2022 - cc: Plaintiff Strange and Hadfield Defendants via US mail (AD).
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Filing 23
ORDER: The court DENIES Plaintiffs' motions to proceed in forma pauperis and for court-appointed counsel (Dkt. #12 ). The court also DENIES Plaintiffs' amended motion for court-appointed counsel (Dkt. #19 ). Signed by Judge James L. Robart. (LH) (cc: Plaintiff Strange and Hadfield Defendants via US mail)
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NOTICE TO FILER: re #16 MOTION to Remand and Response to Motion, and #22 Second Response to Motion. The documents and their exhibits contain personal identifiers that must be redacted per Federal Rule of Civil Procedure 5.2(a) and Local Rule of Civil Procedure 5.2 and have been sealed. You must refile a redacted version of the documents and exhibits, by changing all names of minors to initials, and redacting the month and date of birth for all individuals. This will not affect your original filing dates. (LH)
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NOTICE of Docket Text Modification re Dkt. #22 : Edited title of main filing as Second Response to Motion. (LH)
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Filing 22
SEALED Second RESPONSE REPLY, filed by Plaintiff Zion T Grae-El, TO RESPONSE to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 SEALED Exhibit Dr. Wilson expert opinion, #2 SEALED Exhibit Dr. Gabaeff expert opinion, #3 Exhibit Sonja Ulrich expert opinion, #4 Exhibit Photographs of Zues (Dog), #5 SEALED Exhibit Interview of SPS Marites, #6 SEALED Exhibit Interview of Minor AG, #7 SEALED Exhibit Photographs of Minor AS)(Grae-El, Zion) Modified document title, and to seal main filing and Exhibits 1, 2, 5-7 due to sensitive personal identifiers on 1/6/2022 (LH).
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Filing 21
NOTICE of Related Case(s) State v. Grae-El, No. 823060 (Wash. Ct. App.), by Defendants Daina Boggs, City of Seattle, Ryoma Nichols. (Barry, John)
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Filing 20
VERIFICATION OF STATE COURT RECORDS by Defendants Daina Boggs, City of Seattle, Ryoma Nichols (Attachments: #1 Exhibit 1- Notice of Removal, #2 Exhibit 2- Notice of Filing Notice of Removal, #3 Exhibit 3- State Court records)(Barry, John)
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Filing 19
Amended MOTION to Appoint Counsel 2:21-cv-01678-JLR, filed by Plaintiff Zion T Grae-El. Oral Argument Requested. Noting Date 1/7/2022, (Grae-El, Zion)
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Filing 18
RESPONSE, by Defendants Daina Boggs, City of Seattle, Ryoma Nichols, to #12 MOTION to Appoint Counsel. (Attachments: #1 Proposed Order Denying Plaintiff's Motion)(Barry, John)
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Filing 17
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Seattle Children's Healthcare System for Seattle Children's Hospital. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Seattle Children's Hospital (Moniz, Donna)
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Noting Date Reset for 1/22/2021 re dkt #16 MOTION to Remand, pursuant to LCR 7(d)(3) and per the direction of chambers. Motion title amended to reflect filing is a combined Motion to Remand, and response to Motion to Dismiss. (LH)
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Filing 16
SEALED MOTION to Remand and Response to #15 Motion to Dismiss Reassign Case 2:21-cv-01678-JLR, filed by Plaintiff Zion T Grae-El. Oral Argument Requested. (Attachments: #1 SEALED Exhibit Exhibit A Dr. Gabaeff, #2 SEALED Exhibit Exhibit B Dr. Wilson, #3 Exhibit Exhibit C Sonja Ulrich, #4 SEALED Exhibit Exhibit D AG medical Eval, #5 SEALED Exhibit Exhibit E AS medical Eval, #6 SEALED Exhibit Exhibit F EMD medical Eval, #7 SEALED Exhibit Exhibit G Interview of Brenda Agulair, #8 SEALED Exhibit Exhibit H Interview of Dr. Deming) Noting Date 2/18/2022 2/16/2022 1/21/2022 12/27/2021, (Grae-El, Zion) Modified title of document and re-noted Motion on 12/28/2021 (LH) Modified to seal document and Exhibits 1, 2, 4-8 due to sensitive personal identifiers on 1/6/2022 (LH). Modified noting date per order on 1/19/2022 (LH). Modified noting date per order on 2/3/2022 (LH).
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Filing 15
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants Natalie Long, Seattle Public Schools. (Attachments: #1 Proposed Order) Noting Date 2/18/2022 2/16/2022 1/14/2022, (DeCarlow, Andrew) Modified noting date per order on 1/19/2022 (LH). Modified noting date per order on 2/3/2022 (LH).
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Filing 14
NOTICE: Plaintiff Zion T Grae-El has registered to electronically file and receive electronic service in this case. (CDA)
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Filing 13
ANSWER to Complaint; by Daina Boggs, City of Seattle, Ryoma Nichols.(Barry, John)
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Filing 12
MOTION to Appoint Counsel, filed by Plaintiff Zion Grae-El. Noting Date 1/7/2022.(ZMG)
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Filing 11
MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge James L. Robart for all further proceedings by Judge J Richard Creatura. The Honorable J. Richard Creatura is no longer associated with this matter. (KAM)
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Filing 10
MOTION to Dismiss Party , filed by Defendants Seattle Children's Hospital, Brenda Aguilar, Hannah Deming, and Stanford Ackley. (Attachments: #1 Proposed Order) Noting Date 2/18/2022 2/16/2022 1/14/2022, (Moniz, Donna) Modified to include names of additional filers on 1/14/2022 (LH). Modified noting date per order on 1/19/2022 (LH). Modified noting date per order on 2/3/2022 (LH).
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Filing 9
NOTICE of Appearance by attorney Michelle S Taft on behalf of Defendants Stanford Ackley, Hannah Deming. (Taft, Michelle)
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Filing 8
NOTICE of Appearance by attorney Robert Leslie Christie on behalf of Defendants Daina Boggs, City of Seattle, Ryoma Nichols, Seattle Police Department. (Christie, Robert)
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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)
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Attorney Kathleen Craddock for Brenda Aguilar added; per #5 Notice of Appearance. (AMD)
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NOTICE Pursuant to Fed.R.Civ.P 7.1, Defendant(s) Seattle Children's Hospital must file a Corporate Disclosure Statement by 12/29/2021, if applicable. (RE)
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Filing 6
NOTICE of Appearance by attorney Timothy E Allen on behalf of Defendants Stephanie Allison-Noone, Rosalynda Carlton, Annaliese Ferreria, Corey Grace, Schawna Jones, Greg McCormack, Tabitha Pomeroy, Derrick Reinhardt, Christine Spencer, State of Washington Department of Children Youth and Families, Rebecca Webster, Rachel Zakopyko. (Allen, Timothy)
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Filing 5
NOTICE of Appearance by attorney Donna Maria Moniz on behalf of Defendant Brenda Aguilar. (Moniz, Donna)
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Attorney Andrew S DeCarlow for Natalie Long,Andrew S DeCarlow for Seattle Public Schools added; per #3 Notice of Appearance. (AMD)
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Filing 4
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney John M Cerqui for Defendant Seattle Public Schools. (DeCarlow, Andrew)
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Filing 3
NOTICE of Appearance by attorney Damon Clay Elder on behalf of Defendants Natalie Long, Seattle Public Schools. (Elder, Damon)
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Filing 2
LETTER from Clerk to re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (cc to pro se litigants via USPS) (RE)
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Judge J Richard Creatura added. (RE)
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Filing 1
NOTICE OF REMOVAL from King County Superior Court, case number 21-2-14753-1 SEA; (Receipt # AWAWDC-7374665) Attorney John Barry added to party Daina Boggs(pty:dft), Attorney John Barry added to party City of Seattle(pty:dft), Attorney John Barry added to party Ryoma Nichols(pty:dft), Attorney John Barry added to party Seattle Police Department(pty:dft), filed by Ryoma Nichols, City of Seattle, Daina Boggs, Seattle Police Department. (Attachments: #1 Exhibit A- Summons and Complaint, #2 Exhibit B - Notice of Appearance, #3 Civil Cover Sheet)(Barry, John)
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