Bang v. Lacamas Shores Homeowners Association
| Steven D Bang |
| Lacamas Shores Homeowners Association |
| 3:2021cv05834 |
| November 12, 2021 |
| US District Court for the Western District of Washington |
| Barbara J Rothstein |
| Environmental Matters |
| 33 U.S.C. § 1319 Clean Water Act |
| None |
Docket Report
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This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.
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Filing 55
Third DECLARATION of Marie Tabata-Callerame filed by Plaintiff Steven D Bang re #31 MOTION for Partial Summary Judgment (DeNike, Jesse)
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Filing 54
Third DECLARATION of John McConnaughey filed by Plaintiff Steven D Bang re #31 MOTION for Partial Summary Judgment (DeNike, Jesse)
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Filing 53
REPLY, filed by Plaintiff Steven D Bang, TO RESPONSE to #31 MOTION for Partial Summary Judgment (DeNike, Jesse)
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Filing 52
DECLARATION Supp. Def.'s Sackett Brief of Jennifer Wynkoop re #51 Brief - Responsive by Defendant Lacamas Shores Homeowners Association (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. C, #3 Exhibit Ex. D, #4 Exhibit Ex. E)(Phillips, David)
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Filing 51
RESPONSIVE BRIEF regarding Sackett v. EPA re #50 Brief - Opening, by Defendant Lacamas Shores Homeowners Association. (Phillips, David)
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Filing 50
OPENING BRIEF re #34 CROSS MOTION AND RESPONSE re #31 MOTION for Partial Summary Judgment , #49 Order,, Set Deadlines/Hearings,, Util - Set/Reset Motion Noting Date, #31 MOTION for Partial Summary Judgment by Plaintiff Steven D Bang (DeNike, Jesse)
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Filing 49
ORDER Setting Briefing Schedule and Re-Noting Motions. Plaintiff's Opening Brief due by 9/12/2023, Defendant's Response Brief due by 9/26/2023, Plaintiff's Reply Brief due by 10/3/2023. The clerk is directed to re-note the pending cross motions for summary judgment at Dkt. Nos. #31 and #34 for 10/3/2023. Signed by Judge Barbara J. Rothstein. (SB)
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Filing 48
PROPOSED ORDER (Unsigned) Setting Briefing Schedule (DeNike, Jesse)
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Filing 47
REQUEST Agreed Proposed Briefing Schedule by Plaintiff Steven D Bang (DeNike, Jesse)
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Filing 46
MINUTE ORDER: Plaintiff has filed a Notice of Supplemental authority regarding the U.S. Supreme Court's ruling in Sackett v. Env't Prot. Agency, 143 S. Ct. 1322, 215 L. Ed. 2d 579 (2023). That opinion held that "the [Clean Water Act] extends to only those wetlands that are 'as a practical matter indistinguishable from waters of the United States.'" Id. at 1341 (citing Rapanos v. United States, 547 U.S. 715, 755 (2006)). The Court seeks additional briefing from the parties on the effect this opinion has on Plaintiff's claims and the parties' arguments in the cross motions for summary judgment. To that end, the parties shall meet and confer and submit to the Court, no later than 8/14/2023, a proposed (and to the extent possible, agreed) briefing schedule, including a sequence of briefing, page limits, and deadlines. Authorized by Judge Barbara J. Rothstein. (SB)
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Filing 45
NOTICE of Supplemental Authority re #34 CROSS MOTION AND RESPONSE re #31 MOTION for Partial Summary Judgment by Plaintiff Steven D Bang (Attachments: #1 Exhibit 1)(DeNike, Jesse)
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Filing 44
REPLY, filed by Defendant Lacamas Shores Homeowners Association, TO RESPONSE to #34 CROSS MOTION AND RESPONSE re #31 MOTION for Partial Summary Judgment (Phillips, David)
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Filing 43
ORDER Revising Case Schedule. The Courts 3/2/2023, Order Adopting Case Schedule (Dkt. #33 ) is vacated-in-part, and the case schedule is revised as follows: Defendant files its Reply to its Motion for Summary Judgment by 4/21/2023. Signed by Judge Barbara J. Rothstein. (SB)
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Filing 42
Unopposed MOTION for Extension of Time , filed by Defendant Lacamas Shores Homeowners Association. (Attachments: #1 Proposed Order)(Phillips, David)
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Filing 41
NOTICE of Unavailability of counsel Jesse G DeNike for Plaintiff Steven D Bang from 07.15.2023-07.24.2023. (DeNike, Jesse)
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Filing 40
Fourth DECLARATION of Jesse DeNike filed by Plaintiff Steven D Bang re #31 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(DeNike, Jesse)
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Filing 39
Second DECLARATION of John McConnaughey filed by Plaintiff Steven D Bang re #31 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2)(DeNike, Jesse)
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Filing 38
Second DECLARATION of Marie Tabata-Callerame filed by Plaintiff Steven D Bang re #31 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1)(DeNike, Jesse)
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Filing 37
REPLY, filed by Plaintiff Steven D Bang, TO RESPONSE to #34 CROSS MOTION AND RESPONSE re #31 MOTION for Partial Summary Judgment , #31 MOTION for Partial Summary Judgment (DeNike, Jesse)
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Filing 36
DECLARATION of Jennifer Wynkoop filed by Defendant Lacamas Shores Homeowners Association re #34 CROSS MOTION AND RESPONSE re #31 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Phillips, David)
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Filing 35
DECLARATION of David Phillips filed by Defendant Lacamas Shores Homeowners Association re #34 CROSS MOTION AND RESPONSE re #31 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit, #2 Exhibit)(Phillips, David)
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Filing 34
CROSS MOTION AND RESPONSE re #31 MOTION for Partial Summary Judgment , filed by Defendant Lacamas Shores Homeowners Association. Oral Argument Requested. Noting date 10/3/2023 (Attachments: #1 Proposed Order)(Phillips, David) Modified on 8/14/2023 to add noting date (SB).
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Filing 33
ORDER Adopting Case Schedule. Plaintiff's Motion for Partial Summary Judgment due by 2/21/2023. Defendant files a joint Motion for Summary Judgment and Response to Plaintiff's Partial MSJ by 3/14/2023. Plaintiff files his joint Reply to his Partial MSJ and Response to Defendant's MSJ by 4/4/2023. Defendant files its Reply to its MSJ by 4/18/2023. Discovery cut off on liability andParties file a Joint Status Report proposing trial and remaining pretrial dates 45 days after the Court rules on the parties' motions for summary judgment. Signed by Judge Barbara J. Rothstein. (SB)
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Filing 32
JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 3-4 days. (Attachments: #1 Proposed Order Adopting Case Schedule)(Phillips, David)
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Filing 31
MOTION for Partial Summary Judgment , filed by Plaintiff Steven D Bang. Noting date 10/3/2023 (Attachments: #1 Proposed Order)(DeNike, Jesse) Modified on 8/14/2023 to add noting date (SB).
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MINUTE ORDER (text-only): The parties are to meet and confer and submit a Joint Status Report with proposed trial dates by February 27, 2023. Authorized by Judge Barbara J Rothstein. (GC)
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Filing 30
ORDER granting in part and denying in part Plaintiff's #17 and Defendant's #22 Cross-Motions for Partial Summary Judgment. Plaintiff cannot prevail on his CWA claim to the extent it is premised on the theory that the Biofilter is simultaneously a point source and a water of the United States. The pollutant discharges from the Biofilter are not covered by the Western Washington Phase II Municipal Stormwater Permit. The Court does not find that Biofilter is not a meaningfully distinct body of water from Lacamas Lake and the natural wetlands abutting it. Signed by Judge Barbara J. Rothstein. (SB)
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Filing 29
Third DECLARATION of Jesse DeNike filed by Plaintiff Steven D Bang re #17 CROSS MOTION re #15 Stipulated MOTION to Revise Case Schedule, #22 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1)(DeNike, Jesse)
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Filing 28
REPLY, filed by Plaintiff Steven D Bang, TO RESPONSE to #17 CROSS MOTION re #15 Stipulated MOTION to Revise Case Schedule, #22 MOTION for Partial Summary Judgment (DeNike, Jesse)
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Filing 27
REPLY, filed by Defendant Lacamas Shores Homeowners Association, TO RESPONSE to #17 CROSS MOTION re #15 Stipulated MOTION to Revise Case Schedule (Phillips, David)
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Filing 26
DECLARATION of Jennifer Wynkoop filed by Defendant Lacamas Shores Homeowners Association re #17 CROSS MOTION re #15 Stipulated MOTION to Revise Case Schedule (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C)(Phillips, David)
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Filing 25
RESPONSE, by Defendant Lacamas Shores Homeowners Association, to #17 CROSS MOTION re #15 Stipulated MOTION to Revise Case Schedule. Oral Argument Requested. (Phillips, David)
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Filing 24
Second DECLARATION of Jesse DeNike filed by Plaintiff Steven D Bang re #22 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(DeNike, Jesse)
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Filing 23
RESPONSE, by Plaintiff Steven D Bang, to #22 MOTION for Partial Summary Judgment . (DeNike, Jesse)
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Filing 22
MOTION for Partial Summary Judgment , filed by Defendant Lacamas Shores Homeowners Association. Oral Argument Requested. (Attachments: #1 Proposed Order)(Phillips, David)
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Filing 21
DECLARATION of Jesse DeNike filed by Plaintiff Steven D Bang re #17 CROSS MOTION for Partial Summary Judgment on Liability re #15 Stipulated MOTION to Revise Case Schedule (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Plauche, Samuel) Modified on 9/1/2022 (SB).
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Filing 20
DECLARATION of Marie Tabata-Callerame filed by Plaintiff Steven D Bang re #17 CROSS MOTION for Partial Summary Judgment on Liability re #15 Stipulated MOTION to Revise Case Schedule (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Plauche, Samuel) Modified on 9/1/2022 (SB).
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Filing 19
DECLARATION of John McConnaughey filed by Plaintiff Steven D Bang re #17 CROSS MOTION for Partial Summary Judgment on Liability re #15 Stipulated MOTION to Revise Case Schedule (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Plauche, Samuel) Modified on 9/1/2022 (SB).
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Filing 18
DECLARATION of Steven D. Bang filed by Plaintiff Steven D Bang re #17 CROSS MOTION for Partial Summary Judgment on Liability re #15 Stipulated MOTION to Revise Case Schedule (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Plauche, Samuel) Modified on 9/1/2022 (SB).
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Filing 17
CROSS MOTION re #15 Stipulated MOTION to Revise Case Schedule for Partial Summary Judgment on Liability, filed by Plaintiff Steven D Bang. Oral Argument Requested. (Attachments: #1 Proposed Order)(Plauche, Samuel) Modified on 9/1/2022 to correct title (SB).
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Filing 16
ORDER granting Parties' #15 Stipulated MOTION to Revise Case Schedule. Deadline for submitting interrogatories, requests for admission and requests for production with respect to liability is 5/16/2022. Deadline for initial responses to interrogatories and requests for production is 6/15/22. Deadline for partial cross-motions on summary judgment on liability is 8/31/22. The Court sets oral argument on partial cross-motions for summary judgment. After the Court's ruling, the parties will confer to discuss completion of discovery and additional briefing with respect to liability and submit a proposed plan to the Court. Signed by Judge Barbara J. Rothstein.(MW)
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Filing 15
Stipulated MOTION to Revise Case Schedule, filed by Plaintiff Steven D Bang. (Attachments: #1 Proposed Order)(Plauche, Samuel)
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Filing 14
ORDER granting Parties' #13 Stipulated MOTION to Revise Case Schedule. The Court's 1/23/2022, Order Setting Trial Dates and Related Dates (Dkt. #11 ) is vacated, and the following schedule will govern this proceeding: Deadline for submitting interrogatories, requests for admission and requests for production with respect to liability is 5/16/2022. Deadline for responses to interrogatories and requests for production is 6/15/2022. Depositions with respect to liability 6/15 - 8/15/2022. Discovery cut-off on liability is 8/15/2022. Deadline for cross-motions on summary judgment on liability is 8/31/2022. Signed by Judge Barbara J. Rothstein.(MW)
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Filing 13
Stipulated MOTION to Revise Case Schedule, filed by Plaintiff Steven D Bang. (Attachments: #1 Proposed Order Revising Case Schedule)(Plauche, Samuel)
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Filing 12
STIPULATION AND ORDER re #10 Agreed Stipulated MOTION Regarding Discovery of Electronically Stored Information. Signed by Judge Barbara J. Rothstein.(MW)
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Filing 11
VACATED per #14 ORDER ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 3-4 Days. Bench Trial is set for 4/17/2023 at 09:30 AM before Judge Barbara J. Rothstein. Joinder of Parties due by 2/22/2022, Amended Pleadings due by 3/2/2022, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/19/2022, Discovery completed by 10/19/2022, Dispositive motions due by 11/18/2022, Motions in Limine due by 3/13/2023, Joint Pretrial Statement due by 3/20/2023, Pretrial Conference set for 4/3/2023 at 10:30 AM before Judge Barbara J. Rothstein. Signed by Judge Barbara J. Rothstein. (GC) Modified on 4/4/2022 (MW).
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Filing 10
Agreed Stipulated MOTION , filed by Plaintiff Steven D Bang. (Plauche, Samuel)
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Filing 9
JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 3-4. (Plauche, Samuel)
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Filing 8
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Lacamas Shores Homeowners Association (Phillips, David)
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Filing 7
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 1/21/2022, FRCP 26(f) Conference Deadline is 1/7/2022, Initial Disclosure Deadline is 1/14/2022. Signed by Judge Barbara J. Rothstein. (GC)
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Filing 6
PRAECIPE to attach document corrected signature page re #5 Answer to Complaint by Defendant Lacamas Shores Homeowners Association (Tingey, Christopher)
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NOTICE REGARDING LACK OF PROPER SIGNATURE. The #5 Answer to Complaint was improperly signed by Christopher M. Tingey. As such, the attorney was not added to the case and will not receive future notices until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. Please file corrected signature page using Praecipe to Attach event and link to original filing. (LH) (cc: Attorney Tingey via ECF ad hoc)
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Filing 5
ANSWER to #1 Complaint, Attorney David Max Phillips added to party Lacamas Shores Homeowners Association(pty:dft) by Lacamas Shores Homeowners Association.(Phillips, David)
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Filing 4
STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (GC)
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Filing 3
AFFIDAVIT of Service of Summons and Complaint on Lacamas Shores Homeowners Association on 11/16/2021, filed by Plaintiff Steven D Bang. (Plauche, Samuel)
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Filing 2
Summons Electronically Issued as to defendant(s) Lacamas Shores Homeowners Association. (AMD)
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Judge Barbara J. Rothstein added. (AMD)
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Filing 1
COMPLAINT against defendant(s) All Plaintiffs (Receipt # AWAWDC-7330663) Attorney Samuel Wilmore Plauche, IV added to party Steven D Bang(pty:pla), filed by Steven D Bang. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Plauche, Samuel) (Attachment 1 replaced on 11/12/2021 to flatten malformed PDF) (KB).
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| Plaintiff: Steven D Bang | |
| Represented By: | Jesse G DeNike |
| Represented By: | Samuel Wilmore Plauche, IV |
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| Defendant: Lacamas Shores Homeowners Association | |
| Represented By: | David Max Phillips |
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