M.G. et al v. Bainbridge Island School District #303 et al
| M.G., Samantha Gerlach and Suzanne Gerlach |
| Bainbridge Island School District #303, Washington State HOSA, Naszya Bradshaw, Eleanor Wilson and Does 1-100 |
| 3:2023cv05175 |
| March 6, 2023 |
| US District Court for the Western District of Washington |
| Benjamin H Settle |
| Civil Rights: Education |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| None |
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| Filing 30 LETTER to Kitsap County Superior Court Remanding Case back per #29 Order. (AMD) |
Filing 29
ORDER: Gerlach's Motion to Amend, Dkt. #19 , is GRANTED and HOSA's motion to dismiss, Dkt. #15 , is DENIED. The Court DECLINES to exercise its supplemental jurisdiction over the case under 28 U.S.C. 1367 and REMANDS the matter to the Kitsap County Superior Court. Bradshaw and Wilson's UPEPA motion, Dkt. #22 , is DENIED without prejudice to re-file in state court. The Clerk shall close the case. Signed by Judge Benjamin H. Settle. Per LCR 3(i), case will be remanded on the 15th day following the date of this Order, on 4/28/2023. (AMD)
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| Filing 28 RESPONSE, by Defendants Naszya Bradshaw, Eleanor Wilson, to #13 MOTION to Remand Benjamin Settle, #19 MOTION to Amend Complaint. (Attachments: #1 Exhibit A)(Wellman, Jennifer) |
| Filing 27 RESPONSE, by Defendant Washington State HOSA, to #13 MOTION to Remand Benjamin Settle. (Bigby, Aaron) |
| Filing 26 DECLARATION of Amber Hazelquist in Support of BISD Response filed by Defendant Bainbridge Island School District #303 re #13 MOTION to Remand Benjamin Settle (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(O'Donnell, Mark) |
| Filing 25 RESPONSE, by Defendant Bainbridge Island School District #303, to #13 MOTION to Remand Benjamin Settle. (O'Donnell, Mark) |
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Filing 24
ORDER denying Plaintiffs' #12 Motion for Recusal. Judge Settle's refusal to recuse himself from this matter (Dkt. No. #14 ) is AFFIRMED. Signed by U.S. District Judge David G Estudillo.(MW)
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| Filing 23 RESPONSE, by All Plaintiffs, to #15 MOTION to Dismiss for Failure to State a Claim . (Gerlach, Marcus) |
| Filing 22 MOTION Special Motion for Expedited Relief Pursuant to RCW 4.105.020, et seq. , filed by Defendants Naszya Bradshaw, Eleanor Wilson. Oral Argument Requested. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B) Noting Date 4/28/2023, (Wellman, Jennifer) |
| Filing 21 AFFIDAVIT of Service of Summons and Complaint on on 3/30/2023, filed by All Plaintiffs. (Gerlach, Marcus) |
| Filing 20 NOTICE of Association of Attorney by Amber R Hazelquist on behalf of Defendant Bainbridge Island School District #303. (Hazelquist, Amber) |
| Filing 19 MOTION to Amend Complaint, filed by All Plaintiffs. (Attachments: #1 Proposed Order) Noting Date 4/14/2023, (Gerlach, Marcus) |
| Filing 18 NOTICE of Consent to Removal ; filed by Defendant Eleanor Wilson. (Shaeffer, Joseph) |
| Filing 17 NOTICE OF CONSENT FOR REMOVAL re #3 Notice-Other ; filed by Defendant Washington State HOSA. (Bigby, Aaron) |
| Filing 16 NOTICE of Consent to Removal ; filed by Defendant Naszya Bradshaw. (Wellman, Jennifer) |
| Filing 15 MOTION to Dismiss for Failure to State a Claim , filed by Defendant Washington State HOSA. (Attachments: #1 Proposed Order) Noting Date 4/14/2023, (Bigby, Aaron) |
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Filing 14
ORDER. THIS MATTER is before the Court on Plaintiffs M.G., Samantha Gerlach, and Suzanne Gerlach's Motion for Recusal under 28 U.S.C. 144. Dkt. #12 . The Court will not recuse itself from this case voluntarily based on the Court's involvement with a prior case involving Gerlach, or on the contents of the Wall Street Journal article. There is no evidence supporting the conclusion that a reasonable person might question the Court's impartiality in this case. Under LCR 3(f), this matter is REFERRED to Chief Judge Estudillo for review. Signed by Judge Benjamin H. Settle. (MW)
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| Filing 13 MOTION to Remand Benjamin Settle, filed by All Plaintiffs. (Attachments: #1 Proposed Order Word doc via e-mail) Noting Date 4/14/2023, (Gerlach, Marcus) |
| Filing 12 MOTION for Recusal Benjamin Settle, filed by All Plaintiffs. Noting Date 3/16/2023, (Gerlach, Marcus) |
| Filing 11 NOTICE of Pendency of Other Action in Kitsap County Superior Court, case number(s) in other court 21-2-01734-18; filed by All Plaintiffs. (Gerlach, Marcus) |
| Filing 10 NOTICE of Appearance by attorney Marcus Gerlach on behalf of Plaintiff Suzanne Gerlach. (Gerlach, Marcus) |
| Filing 9 NOTICE of Appearance by attorney Marcus Gerlach on behalf of Plaintiff Samantha Gerlach. (Gerlach, Marcus) |
| Filing 8 NOTICE of Appearance by attorney Marcus Gerlach on behalf of Plaintiff M.G.. (Gerlach, Marcus) |
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Filing 7
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, DISCOVERY, DEPOSITIONS AND EARLY SETTLEMENT. Signed by Judge Benjamin H. Settle. FRCP 26(f) Conference Deadline is 5/30/2023, Initial Disclosure Deadline is 6/5/2023, Joint Status Report due by 6/12/2023. (MET) cc: plaintiffs via USPS. Modified on 3/13/2023 to reflect mailing (MET).
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| Filing 6 VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal, by Defendant Bainbridge Island School District #303 (Attachments: #1 Exhibit 3.13.23 Docket, #2 Exhibit Motion Hearing, March 13, 2023, #3 Exhibit Notice of Association of Counsel for Amber Hazelquist, #4 Exhibit Notice of Filing Notice of Removal to the United States District Court for the Western District of Washington in Tacoma)(O'Donnell, Mark) |
| Filing 5 Notice of Filing Deficiency ***Action Required*** Attorney Admission.See attached letter for more information and instructions. (MW) (cc: Plaintiffs, attorney Marcus Gerlach via USPS) |
| Filing 4 LETTER from Clerk re receipt of case from Kitsap County Superior Court and advising of WAWD case number and judge assignment. (MW) (cc: Plaintiffs, attorney Marcus Gerlach via USPS) |
| Judge Benjamin H. Settle added. (MW) |
| Filing 3 NOTICE of Removal to Plaintiffs ; filed by Defendant Bainbridge Island School District #303. (Attachments: #1 Exhibit, #2 Exhibit)(O'Donnell, Mark) |
| Filing 2 DECLARATION of Mark O'Donnell re #1 Notice of Removal by Defendant Bainbridge Island School District #303 (Attachments: #1 State Court Case Cover Sheet, #2 Summons Upon Bainbridge Island School District #303, #3 Summons Upon Washington State HOSA, #4 Summons Upon Naszya Bradshaw, #5 Summons Upon Eleanor Wilson, #6 Summons Upon Does 1-100, #7 Complaint for Damages for Violation of Washington Law Against Discrimination, Negligence, Cyberstalking, Defamation, Fraud, Racketeering Organization Act, Conspiracy and Loss of Consortium, #8 1.19.23 Exparte Motion Hearing, #9 Order Denying Exparte Motion to Produce Evidence RE Bainbridge Island School District, #10 Order Denying Exparte Motion to Produce Evidence RE Google LLC, #11 Order Denying Exparte Motion to Produce Evidence RE Washington State University, #12 Order Denying Exparte Motion to Produce Evidence RE Meta Platforms, #13 Plaintiffs Motion for Reconsideration of Orders Denying Exparte Motions for Evidence, #14 Note for Motion Docket, Reconsideration of Exparte Order, #15 Plaintiffs Motion for Order to Produce Evidence (Washington State University), #16 Declaration of Marcus Gerlach in Support of the Motion for Order to Produce Evidence (Washington State University), #17 Note for Motion Docket, Motion for Order (CR45) [WSU], #18 Plaintiffs Motion for Order to Produce Evidence (Google LLC), #19 Declaration of Marcus Gerlach in Support of the Motion for Order to Produce Evidence (Google LLC), #20 Note for Motion Docket, Motion for Order (CR45) [Google], #21 Plaintiffs Motion for Order to Produce Evidence (Meta Platforms Inc.), #22 Declaration of Marcus Gerlach in Support of the Motion for Order to Produce Evidence (Meta Platforms Inc.), #23 Note for Motion Docket, Motion for Order (CR45) [Meta], #24 Plaintiffs Motion for Order to Produce Evidence (Bainbridge Island School District), #25 Declaration of Marcus Gerlach in Support of the Motion for Order to Produce Evidence (Meta Platforms Inc.), #26 Note for Motion Docket, Motion for Order (CR45) [Meta], #27 Certificate of Service of Motions for Court Orders to Produce Evidence [BISD], #28 Certificate of Service of Summons and Complaint, Motions for Court Orders to Produce Evidence, and Plaintiff M.G.s Interrogatories/Request for Production (Set One) [Naszya Bradshaw], #29 Certificate of Service of Summons and Complaint, Motions for Court Orders to Produce Evidence, and Plaintiff M.G.s Interrogatories/Request for Production (Set One) [Eleanor Wilson], #30 Certificate of Service of Motions for Court Orders to Produce Evidence [Google], #31 Certificate of Service of Motions for Court Orders to Produce Evidence [Meta], #32 Certificate of Service of Motions for Court Orders to Produce Evidence [WSU], #33 Certificate of Service of Summons and Complaint and Motions for Court Orders to Produce Evidence [HOSA], #34 Declaration of Service of Summons and Complaint and Motions for Court Orders to Produce Evidence [HOSA], #35 Bainbridge Island School Districts Response to Plaintiffs Motion for Order to Produce Evidence, #36 Declaration of Mark ODonnell in Support of Bainbridge Island School Districts Response to Plaintiffs Motion for Order to Produce Evidence, #37 Notice of Appearance for Defendant Bainbridge Island School District #303, #38 Plaintiffs Reply in Support of their Motion for Order to Produce Evidence, #39 2.10.23 Motion Hearing, #40 Motion to Disqualify Judge Michelle Adams, #41 Order on Reconsideration of Exparte Motion, #42 Certificate of Service on all interested parties of Plaintiffs Motion for Disqualification, #43 Notice of Appearance of Washington State HOSA, #44 2.17.23 Motion Hearing, #45 Order Preassigning Judge Jennifer Forbes, #46 Order Denying Motion to Produce Evidence Directed to Bainbridge Island School District, #47 Notice of Appearance of Eleanor Wilson, #48 Defendant Washington State HOSAs CR 12(b)(6) Motion to Dismiss filed, #49 Declaration of Aaron D. Bigby in Support of Washington State HOSAs CR 12(b)(6) Motion to Dismiss, #50 Note for Motion Docket, Defendant Washington State HOSAs CR 12(b)(6) Motion to Dismiss, #51 Plaintiffs Motion for Reconsideration of Order Denying Motion for Evidence Directed to Bainbridge Island School District, #52 Declaration of Marcus Gerlach in Support of Plaintiffs Motion for Reconsideration, #53 Note for Motion Docket for Reconsideration of 2.17.23 Order, #54 Notice of Appearance of Defendant Bradshaw, #55 Declaration of Mark McLaughlin in Support of Plaintiffs Motion for Court Orders to Produce Evidence from Google and Meta, #56 Subpoena in a Civil Case directed to Noelle Cooper, #57 Subpoena in a Civil Case directed to Andrew Wolff)(O'Donnell, Mark) |
| Filing 1 NOTICE OF REMOVAL from Kitsap County Superior Court, case number 23-2-00048-18; () filed by Bainbridge Island School District #303. (Attachments: #1 Civil Cover Sheet, #2 Complaint)(O'Donnell, Mark) (No Fee Required Fee Paid, Receipt # AWAWDC7914182) Modified on 3/6/2023 to add receipt number (KB). |
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