Hamilton v. Kitsap County
| Brett Hamilton |
| Kitsap County |
| 3:2015cv05587 |
| August 19, 2015 |
| US District Court for the Western District of Washington |
| Tacoma Office |
| Kitsap |
| Benjamin H Settle |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 67 NOTICE of Judgment Summary re #61 Order on Motion for Bill of Costs, #55 Judgment by Court ; filed by Defendant Kitsap County. (Aufderheide, Jacquelyn) |
| Filing 66 MANDATE of USCA (16-35831) as to the #59 Notice of Appeal, filed by Brett Hamilton. The #65 judgment of this Court, entered May 09, 2018 takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. AFFIRMED. (SP) |
| Filing 65 MEMORANDUM - not the MANDATE (16-35831) as to the #59 Notice of Appeal, filed by Brett Hamilton. The district court's summary judgment is AFFIRMED. (SP) |
Filing 64
ORDER of USCA (16-35831) as to the #59 Notice of Appeal filed by Brett Hamilton. The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and the record and that oral argument would not significantly aid the decisional process. Therefore, this matter is ordered submitted on the briefs and the record without oral argument on May 7, 2018 in Seattle, Washington. Fed. R. App. P. 34(a)(2). (CMG)
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| Filing 63 NOTICE of Association of Attorney by Jacquelyn Moore Aufderheide on behalf of Defendant Kitsap County. (Aufderheide, Jacquelyn) |
| Filing 62 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Deborah Ann Boe for Defendant Kitsap County. (Boe, Deborah) |
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Filing 61
ORDER granting #56 Defendant's Motion for Bill of Costs by Deputy in Charge Joe Whiteley.(JW)
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| Filing 60 TIME SCHEDULE ORDER (16-35831) as to #59 Notice of Appeal, filed by Brett Hamilton. (CMG) |
| Filing 59 NOTICE OF APPEAL (16-35831) to Ninth Circuit re #54 Order granting #36 Motion for Summary Judgment, filed by Plaintiff Brett Hamilton. Filing Fee $505, Receipt number 0981-4633542. (Moody, Rodney) Modified on 10/13/2016 add link to document being appealed. (CMG). Modified on 10/13/2016: added CCA# (CMG). |
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Filing 58
ORDER denying #57 Motion for Reconsideration by Judge Benjamin H. Settle.(TG)
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| Filing 57 MOTION for Reconsideration Of Summary Judgment by Plaintiff Brett Hamilton. (Attachments: #1 Supplement, #2 Proposed Order) Noting Date 10/28/2016, (Moody, Rodney) |
| MOTION REFERRED to Deputy in Charge Joe Whiteley: #56 MOTION FOR BILL OF COSTS Pursuant to Local Rule 54(d) filed by Kitsap County (CMG) |
| Filing 56 MOTION FOR BILL OF COSTS Pursuant to Local Rule 54(d) by Defendant Kitsap County. (Attachments: #1 Bill of Costs) Noting Date 10/14/2016, (Palmer, Christine) |
| Filing 55 JUDGMENT BY COURT. (MGC) |
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Filing 54
ORDER by Judge Benjamin H. Settle denying #47 Motion for Sanctions; granting #36 Motion for Summary Judgment; and denying motion to strike.(TG)
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| Filing 53 DECLARATION of Christine M. Palmer re: Reply In Support of Motion for Rule 11 Sanctions filed by Defendant Kitsap County re #47 MOTION for Sanctions (Palmer, Christine) |
| Filing 52 DECLARATION of Christine M. Palmer re: Reply In Support of Motion for Rule 11 Sanctions filed by Defendant Kitsap County re #47 MOTION for Sanctions (Palmer, Christine) |
| Filing 51 REPLY, filed by Defendant Kitsap County, TO RESPONSE to #47 MOTION for Sanctions (Palmer, Christine) |
| Filing 50 RESPONSE, by Plaintiff Brett Hamilton, to #47 MOTION for Sanctions . (Moody, Rodney) |
| Filing 49 NOTICE that the following is RE-NOTED: #47 MOTION for Sanctions . Filed by Defendant Kitsap County. Noting Date 9/16/2016, (Palmer, Christine) |
| Filing 48 DECLARATION of Christine M. Palmer filed by Defendant Kitsap County re #47 MOTION for Sanctions (Palmer, Christine) |
| Filing 47 MOTION for Sanctions by Defendant Kitsap County. (Attachments: #1 Proposed Order) Noting Date 9/9/2016, (Palmer, Christine) |
| Filing 46 DECLARATION of E.J. Martin filed by Defendant Kitsap County re #36 MOTION for Summary Judgment (Palmer, Christine) |
| Filing 45 DECLARATION of James McDonough filed by Defendant Kitsap County re #36 MOTION for Summary Judgment (Palmer, Christine) |
| Filing 44 Second DECLARATION of Christine M. Palmer filed by Defendant Kitsap County re #36 MOTION for Summary Judgment (Palmer, Christine) |
| Filing 43 REPLY, filed by Defendant Kitsap County, TO RESPONSE to #36 MOTION for Summary Judgment (Palmer, Christine) |
| Filing 42 REDACTION to #41 Response to Motion, Attachment # 3 by Plaintiff Brett Hamilton (Moody, Rodney) |
| NOTICE to Filer: Attachment #3 to the #41 Response to Motion contains personal identifiers that must be redacted pursuant to Local Civil Rule 5.2. You are required to re-file a redacted version of your document using the event "Redacted Document" located in the Other Documents category. This event will allow you to link back to your original filing and will not affect your original filing date. Pursuant to LCR 5.2, the document has been administratively sealed by the Court. (CMG) |
| Filing 41 RESPONSE, by Plaintiff Brett Hamilton, to #36 MOTION for Summary Judgment . (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(Moody, Rodney) Modified on 8/23/2016: Attachment #3 Sealed as it contains personal identifiers. (CMG). |
| Filing 40 EXHIBIT Redacted re #37 Declaration, by Defendant Kitsap County (Palmer, Christine) |
| NOTICE to Filer re #37 Declaration of Christine M. Palmer. Exhibit B to the Attachment to the Declaration contains personal identifiers that must be redacted pursuant to Local Civil Rule 5.2. You are required to re-file a redacted version of your document using the event "Redacted Document" located in the Other Documents category. This event will allow you to link back to your original filing and will not affect your original filing date. Pursuant to LCR 5.2, the document has been administratively sealed by the Court. (CMG) |
| Filing 39 DECLARATION of Ken Watkins filed by Defendant Kitsap County re #36 MOTION for Summary Judgment (Attachments: #1 Certificate of Service)(Palmer, Christine) |
| Filing 38 DECLARATION of Ned Newlin filed by Defendant Kitsap County re #36 MOTION for Summary Judgment (Attachments: #1 Exhibit A Through L)(Palmer, Christine) |
| Filing 37 DECLARATION of Christine M. Palmer filed by Defendant Kitsap County re #36 MOTION for Summary Judgment (Attachments: #1 Exhibit A Through D)(Palmer, Christine) Modified on 8/5/2016: attachment sealed as Exhibit B contains personal identifiers.(CMG). |
| Filing 36 MOTION for Summary Judgment by Defendant Kitsap County. (Attachments: #1 Proposed Order Proposed Order) Noting Date 8/26/2016, (Palmer, Christine) |
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Filing 35
ORDER granting #30 Motion to Compel and for Extension of Deadlines by Judge Benjamin H. Settle. (TG)
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| Filing 34 NOTICE of Change of Address/Change of Name of Attorney Rodney R Moody. Filed by Plaintiff Brett Hamilton. (Moody, Rodney) Modified Address on 8/10/2016 (DS). |
| Filing 33 NOTICE of Unavailability of counsel Rodney R Moody for Plaintiff Brett Hamilton from August 1 - October 3. (Moody, Rodney) |
| Filing 32 REPLY, filed by Defendant Kitsap County, TO RESPONSE to #30 MOTION to Compel Discovery and for Extension of Deadlines (Attachments: #1 Proposed Order Amended Proposed Order)(Palmer, Christine) |
| Filing 31 DECLARATION of Christine M. Palmer in Support of Kitsap County's Motion to Compel Discovery and for Extension of Deadlines filed by Defendant Kitsap County re #30 MOTION to Compel Discovery and for Extension of Deadlines (Palmer, Christine) |
| Filing 30 MOTION to Compel Discovery and for Extension of Deadlines by Defendant Kitsap County. (Attachments: #1 Proposed Order) Noting Date 7/8/2016, (Palmer, Christine) |
| Filing 29 INITIAL DISCLOSURES Filed by Plaintiff Brett Hamilton.(Moody, Rodney) |
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Filing 28
ORDER denying #22 Motion to Consolidate Cases by Judge Benjamin H. Settle.(TG)
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| Filing 27 REPLY, filed by Defendant Kitsap County, TO RESPONSE to #22 MOTION to Consolidate Cases (Palmer, Christine) |
| Filing 26 RESPONSE, by Plaintiff Brett Hamilton, to #22 MOTION to Consolidate Cases . (Moody, Rodney) |
| Filing 25 DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Kitsap County.(Palmer, Christine) |
| Filing 24 NOTICE of Unavailability of counsel Christine M. Palmer for Defendant Kitsap County from 6/21/16 to 7/1/16. (Palmer, Christine) |
| Filing 23 DECLARATION of Christine M. Palmer filed by Defendant Kitsap County re #22 MOTION to Consolidate Cases (Palmer, Christine) |
| Filing 22 MOTION to Consolidate Cases by Defendant Kitsap County. (Attachments: #1 Proposed Order) Noting Date 5/13/2016, (Palmer, Christine) |
| Filing 21 ANSWER to #20 Amended Complaint by Kitsap County.(Palmer, Christine) |
| Filing 20 Second AMENDED COMPLAINT against defendant(s) Kitsap County with JURY DEMAND, filed by Brett Hamilton.(Moody, Rodney) |
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Filing 19
ORDER by Judge Benjamin H. Settle granting #16 Motion to Dismiss and allowing Plaintiff to amend complaint by March 30, 2016. (TG)
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| Filing 18 REPLY, filed by Defendant Kitsap County, TO RESPONSE to #16 MOTION to Dismiss Plaintiff's Amended 42 USC 1983 Due Process Claims (Palmer, Christine) |
| Filing 17 RESPONSE, by Plaintiff Brett Hamilton, to #16 MOTION to Dismiss Plaintiff's Amended 42 USC 1983 Due Process Claims. (Moody, Rodney) |
| Filing 16 MOTION to Dismiss Plaintiff's Amended 42 USC 1983 Due Process Claims by Defendant Kitsap County. (Attachments: #1 Proposed Order) Noting Date 2/26/2016, (Palmer, Christine) |
| Filing 15 AMENDED COMPLAINT against defendant(s) Kitsap County with JURY DEMAND, filed by Brett Hamilton.(Moody, Rodney) |
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Filing 14
ORDER by Judge Benjamin H. Settle granting in part and denying in part #8 Motion to Dismiss for Failure to State a Claim. Plaintiff may file amended complaint by 1/22/2016. (TG)
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Filing 13
MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES - *FIVE DAY* Jury Trial is set for 11/15/2016 at 9:00 AM in Courtroom E before Judge Benjamin H. Settle. Joinder of Parties due by 1/4/2016, Amended Pleadings due by 1/14/2016, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/9/2016, Rebuttal Expert Disclosure/Reports due by 6/8/2016, Motions due by 6/20/2016, Discovery completed by 7/18/2016, Dispositive motions due by 8/17/2016, Motions in Limine due by 10/11/2016, Pretrial Order due by 10/24/2016, Voir dire/jury instructions/trial briefs due by 10/25/2016, Agreed Neutral Statement of the Case due by 10/25/2016, Deposition Designations due by 10/25/2016, Pretrial Conference set for 10/31/2016 at 2:30 PM in Courtroom E before Judge Benjamin H. Settle. Signed by Judge Benjamin H. Settle. (MGC)
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| Filing 12 REPLY, filed by Defendant Kitsap County, TO RESPONSE to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Failure to Comply with RCW 4.96.020 (Boe, Deborah) |
| Filing 11 RESPONSE, by Plaintiff Brett Hamilton, to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Failure to Comply with RCW 4.96.020. (Attachments: #1 Supplement Declaration of Catanzaro)(Moody, Rodney) |
| Filing 10 JOINT STATUS REPORT signed by all parties estimated Trial Days: 5. Filed by Plaintiff Brett Hamilton.(Moody, Rodney) |
| Filing 9 DECLARATION of Deborah A. Boe filed by Defendant Kitsap County re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Failure to Comply with RCW 4.96.020 (Boe, Deborah) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Failure to Comply with RCW 4.96.020 by Defendant Kitsap County. (Attachments: #1 Proposed Order) Noting Date 11/27/2015, (Boe, Deborah) |
| Filing 7 MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Benjamin H. Settle for all further proceedings. Magistrate Judge David W. Christel no longer assigned to case. By Kim Brye, Deputy Clerk for Clerk William M. McCool. (KEB) |
| Filing 6 DEMAND for JURY TRIAL by Plaintiff Brett Hamilton (Moody, Rodney) |
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Filing 5
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 11/19/2015, FRCP 26f Conference Deadline is 11/5/2015, Initial Disclosure Deadline is 11/12/2015, by Judge David W. Christel. (KAM)
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Filing 4
ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge David W. Christel. (KAM)
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| Filing 3 NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT OR DECLINE FORM. If consent or decline, return the executed form by 10/20/2015. Please Note: Forms must not be electronically filed with the Court. (KAM) |
| Filing 2 LETTER from Clerk to counsel re receipt of case from Kitsap County Superior Court and advising of WAWD case number and judge assignment. (CMG) |
| Judge David W. Christel added. (CMG) |
| Filing 1 NOTICE OF REMOVAL from Kitsap County Superior Court, case number 15-2-1420-1; (Receipt # 0981-4130695), filed by Kitsap County. (Attachments: #1 Complaint for Damages, #2 Summons, #3 Notice of Appearance, #4 Civil Cover Sheet)(Boe, Deborah) |
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| Plaintiff: Brett Hamilton | |
| Represented By: | Rodney R Moody |
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| Defendant: Kitsap County | |
| Represented By: | Christine M Palmer |
| Represented By: | Jacquelyn Moore Aufderheide |
| Represented By: | Deborah Ann Boe |
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