Bourgault et al v. City of Lacey et al
| Erin Bourgault, Nicholas Barry, Brian Lindgren, Jason Torgerson, David Miller, Edgar Wells and Larry Fife |
| City of Lacey, Laura Watson, Washington State Department of Ecology, Tara C Smith, Washington State Department of Enterprise Services, Mike Fong and Washington State Department of Commerce |
| 3:2024cv05110 |
| February 9, 2024 |
| US District Court for the Western District of Washington |
| David G Estudillo |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 31 MINUTE ENTRY for proceedings held before U.S. District Judge David G Estudillo- Dep Clerk: Gretchen Craft; Pla Counsel: Carrie Graf, Scott Crain; Def Counsel: David Merchant, Sandra Adix, Julian Beattie, Adam Rosenberg; CR: Jessica Turner; Time of Hearing: 11:00; Courtroom: Zoom; Status Conference held on 3/22/2024. The parties indicate there are a few Plaintiffs left to resolve this case and request a two-week continuance of the TRO. Court grants a continance, as stated on the record. TRO Hearing re #4 Motion for Temporary Restraining Order is reset for 4/15/2024 at 3:00 PM in Courtroom B before U.S. District Judge David G. Estudillo. (MGC) |
| NOTICE of Hearing: Status Hearing re #4 Motion for TRO is set for 3/22/2024 at 11:00 AM in Courtroom B via Zoom before U.S. District Judge David G. Estudillo. (MGC) |
Filing 30
ORDER granting #29 Stipulated MOTION and ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: TRO Hearing is reset for 3/25/2024 at 2:30 PM in Courtroom B before U.S. District Judge David G. Estudillo. Signed by U.S. District Judge David G. Estudillo. (MGC)
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| Filing 29 Stipulated MOTION AND PROPOSED ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, filed by Defendant Washington State Department of Commerce. Noting Date 3/15/2024, (Bucknell, Jack) |
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Filing 28
ORDER granting #27 Stipulated MOTION Continuing Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. The terms set forth in the parties' prior stipulation and order (Dkt. #25 ) shall remain in effect. The TRO hearing, currently scheduled for 3/11/2024, at 1:30 p.m., will be rescheduled for 3/18/2024, or as soon as can be scheduled thereafter. Signed by U.S. District Judge David G Estudillo.(TE)
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| Filing 27 Stipulated MOTION Continuing Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction with Proposed Order, filed by Defendant City of Lacey. Noting Date 3/7/2024, (Rosenberg, Adam) |
| Filing 26 ANSWER to #1 Complaint,,,,, for Injunctive Relief and Declaratory Judgment by Washington State Department of Enterprise Services.(Merchant, David) |
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Filing 25
STIPULATION AND ORDER Resetting TRO Hearing re #24 Stipulation filed by Washington State Department of Enterprise Services: TRO Hearing re #4 Motion for Temporary Restraining Order is reset for 3/18/2024 3/11/2024 at 1:30 PM in Courtroom B before U.S. District Judge David G. Estudillo. Signed by U.S. District Judge David G. Estudillo. (MGC) Modified on 3/8/2024 (TE).
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| Filing 24 STIPULATION AND PROPOSED ORDER Continuing Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction by parties (Merchant, David) |
| Filing 23 NOTICE of Appearance by attorney Julian H Beattie on behalf of Defendant Washington State Department of Ecology. (Beattie, Julian) |
| Filing 22 MINUTE ENTRY for proceedings held before U.S. District Judge David G. Estudillo- Dep Clerk: Gretchen Craft; Pla Counsel: Carrie Graf, Scott Crain; Def Counsel: David Merchant, Sandra Adix, Julian Beattie, Adam Rosenberg; CR: Sheri Schelbert; Time of Hearing: 1:30; Courtroom: B; TRO Hearing held on 2/12/2024 re #4 Motion for Temporary Restraining Order filed by Plaintiffs. The parties indicate they have reached an agreement as to certain Plaintiffs. Court recesses 1:45 - 2:43. Defense counsel reads the parties agreement into the record. TRO Hearing is reset for 2/26/2024 at 1:30 PM in Courtroom B before U.S. District Judge David G. Estudillo. The parties will update the Court as to which claims have been resolved. (MGC) |
| Filing 21 DECLARATION of Kevin Landwehrle filed by Defendant City of Lacey re #4 MOTION for Temporary Restraining Order (Rosenberg, Adam) |
| Filing 20 DECLARATION of Robert Almada with Ex A filed by Defendant City of Lacey re #4 MOTION for Temporary Restraining Order (Rosenberg, Adam) |
| Filing 19 DECLARATION of Rick Walk with Ex A filed by Defendant City of Lacey re #4 MOTION for Temporary Restraining Order (Rosenberg, Adam) |
| Filing 18 RESPONSE, by Defendant City of Lacey, to #4 MOTION for Temporary Restraining Order. (Rosenberg, Adam) |
| Filing 17 PROPOSED ORDER (Unsigned) re #13 Response to Motion, Washington State Department Enterprise Services (Merchant, David) |
| Filing 16 DECLARATION of Tedd Kelleher filed by Defendants Washington State Department of Commerce, Washington State Department of Ecology, Washington State Department of Enterprise Services re #4 MOTION for Temporary Restraining Order (Merchant, David) |
| Filing 15 DECLARATION of James Pendowski filed by Defendants Washington State Department of Commerce, Washington State Department of Ecology, Washington State Department of Enterprise Services re #4 MOTION for Temporary Restraining Order (Merchant, David) |
| Filing 14 DECLARATION of George Carter III filed by Defendants Washington State Department of Commerce, Washington State Department of Ecology, Washington State Department of Enterprise Services re #4 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A - Report, #2 Exhibit B - Proclamation, #3 Exhibit AAG Letter, #4 Exhibit Memorandum of Understanding, #5 Exhibit Guidance, #6 Exhibit NW Justice Letter, #7 Exhibit DES Letter)(Merchant, David) |
| Filing 13 RESPONSE, by Defendants Washington State Department of Commerce, Washington State Department of Ecology, Washington State Department of Enterprise Services, to #4 MOTION for Temporary Restraining Order. Oral Argument Requested. (Merchant, David) |
| Filing 12 NOTICE of Association of Attorney by Scott Crain on behalf of Plaintiffs Nicholas Barry, Erin Bourgault, Larry Fife, Brian Lindgren, David Miller, Jason Torgerson, Edgar Wells. (Crain, Scott) |
| Filing 11 NOTICE of Appearance by attorney Jack Eastman Bucknell on behalf of Defendant Washington State Department of Commerce. (Bucknell, Jack) |
| Filing 10 NOTICE of Appearance by attorney David B Merchant on behalf of Defendant Washington State Department of Enterprise Services. (Merchant, David) |
| Filing 9 NOTICE of Appearance by attorney Adam Rosenberg on behalf of Defendant City of Lacey. (Rosenberg, Adam) |
| Attorney Sandra C Adix added for Washington State Department of Commerce; per #11 Notice of Appearance. (AMD) |
| Filing 8 AFFIDAVIT filed by All Plaintiffs re #4 MOTION for Temporary Restraining Order (Graf, Carrie) |
| Filing 7 DISREGARD THIS FILING-duplicate of #5 ORDER SETTING HEARING ON #4 MOTION FOR TEMPORARY RESTRAINING ORDER. The Court hereby sets a hearing on the Motion for 2/12/2024 at 1:30 P.M. Defendants shall respond to the Motion no later than 12:00 P.M on 2/12/2024 (though the Court will caution Defendants that waiting until 12:00 P.M. to file a response may impede the Court's ability to thoroughly review the response). Plaintiffs shall serve a copy of this order and a copy of the clerk-signed summons no later than 5:00 P.M. today, 2/9/2024. Plaintiffs are to submit a sworn affidavit attesting to having done so. Signed by U.S. District Judge David G Estudillo. (TE) Modified on 2/9/2024 (PS). |
| Filing 6 Summons(es) Electronically Issued as to defendant(s) City of Lacey, Washington State Department of Commerce, Washington State Department of Ecology, Washington State Department of Enterprise Services. (Attachments: #1 Summons, #2 Summons, #3 Summons)(TE) |
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Filing 5
ORDER Setting Hearing on #4 MOTION for Temporary Restraining Order filed by Edgar Wells, Larry Fife, David Miller, Nicholas Barry, Erin Bourgault, Jason Torgerson, Brian Lindgren. Temporary Restraining Order Hearing is set for 2/12/2024 at 1:30 PM in Courtroom B before U.S. District Judge David G. Estudillo. Signed by U.S. District Judge David G. Estudillo. (MGC)
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| Filing 4 MOTION for Temporary Restraining Order, filed by Plaintiffs Nicholas Barry, Erin Bourgault, Larry Fife, Brian Lindgren, David Miller, Jason Torgerson, Edgar Wells. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 2/9/2024. (MW) |
| Filing 3 PRAECIPE by All Plaintiffs (Graf, Carrie) |
| Filing 2 PRAECIPE by All Plaintiffs (Graf, Carrie) |
| Filing 1 COMPLAINT against All Defendants (Receipt # AWAWDC-8345971) Attorney Carrie S Graf added to party Nicholas Barry(pty:pla), Attorney Carrie S Graf added to party Erin Bourgault(pty:pla), Attorney Carrie S Graf added to party Larry Fife(pty:pla), Attorney Carrie S Graf added to party Brian Lindgren(pty:pla), Attorney Carrie S Graf added to party David Miller(pty:pla), Attorney Carrie S Graf added to party Jason Torgerson(pty:pla), Attorney Carrie S Graf added to party Edgar Wells(pty:pla) filed by Edgar Wells, Brian Lindgren, Larry Fife, Nicholas Barry, Erin Bourgault, Jason Torgerson, David Miller. (Attachments: #1 Proposed Order Proposed TRO, #2 Civil Cover Sheet Civil Cover Sheet, #3 Motion for TRO and PI, #4 Declaration of Nicholas Barry, #5 Declaration of Erin Bourgault, #6 Declaration of Larry Fife, #7 Declaration of Edgar Wells, #8 Declaration of David Miller, #9 Declaration of Jason Torgerson, #10 Declaration of Brian Lindgren, #11 Declaration of Carrie Graf, #12 Declaration of Whitney Bowerman, #13 Summons Summons City of Lacey, #14 Summons Summons Dept. of Ecology, #15 Summons Summons Dept. of Commerce, #16 Summons Summons DES)(Graf, Carrie) (Attachment 2 replaced due to malformed pdf on 2/12/2024) (TE). |
| Hon. S. Kate Vaughan added. (TE) |
| Case Reassigned to U.S. District Judge David G Estudillo. (MW) |
| NOTICE of Docket Text Modification re #7 Order on Motion for Temporary Restraining Order,, : Docket #7 was an inadvertent duplicate of docket #5 and can be disregarded. No material facts of the Order are changed. (PS) |
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