ORDER ADOPTING REPORT AND RECOMMENDATION ROBERT J. BRYAN , District Judge . The Court, having reviewed the Report and Recommendation ("R&R") of Magistrate Judge J. Richard Creatura (Dkt. 77), Defendants' Objections to the R&R (Dkt. 78), and the remaining record, does hereby find and ORDER that the R&R is ADOPTED. Defendants' Third Motion to Dismiss (Dkt. 70) is GRANTED, IN PART, and DENIED, IN PART: all parties and all claims, except for Plaintiff's Eighth Amendment claim against...
ORDER DENYING TEMPORARY RESTRAINING ORDER JAMES L. ROBART , United States District Judge . I. INTRODUCTION Before the court is Petitioner-Plaintiffs Karlena Dawson, Alfredo Espinoza Esparza, Normal Lopez-Nunez, Marjoris Ramirez Ochoa, Maria Gonzalez Mendoza, Joe Hlupheka Bayana, Leonidas Plutin Hernandez, Kelvin Melgar Alas, and Jesus Gonzalez Herrera's (collectively, "Plaintiffs") motion for a temporary restraining order ("TRO"). (Mot. (Dkt. # 2).) Respondent-Defendants Nathalie Asher,...
ORDER GRANTING PLAINTIFF'S MOTION TO SUPPLEMENT THE ADMINSTRATIVE RECORD, DENYING THE MOTION TO RECONSIDER, AND DENYING THE REQUEST FOR ORAL ARGUMENT BRIAN A. TSUCHIDA , Chief Magistrate Judge . Pro se plaintiff filed a motion for discovery that has been construed as a motion to supplement the administrative record. Dkt. 14. Plaintiff contends that he mailed two documents identified as Dockets 054108 and 054109—so-labeled because they were part of a state unemployment benefits action—and...
ORDER GRANTING DEFENDANTS' MOTION TO STAY BARBARA J. ROTHSTEIN , District Judge . Before the Court is Defendants' Motion to Stay during the pendency of an inter partes review ("IPR") of several of the claims for one of the four patents at issue in this case. Dkt. No. 189. Defendants assert that a stay is appropriate as the IPR may eliminate these claims, simplifying the rest of the proceedings. Plaintiff opposes a stay, stressing that the matter has been pending since 2014, with much...
STIPULATION AND PROPOSED ORDER FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR COLUMBIA DEBT RECOVERY, LLC D/B/A GENESIS CREDIT MANAGEMENT, LLC AND WILLIAM WOJDAK JAMES L. ROBART , District Judge . I. STIPULATION 1. This Stipulation and Proposed Order for withdrawal and substitution of counsel is being submitted pursuant to LCR 83.2(b)(1). 2. This stipulation applies to representation of parties in the above-captioned case. 3. All parties, through their respective undersigned counsel,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING BENCH TRIAL RICHARD A. JONES , District Judge . I. INTRODUCTION Plaintiff Anna Ream filed a complaint against Defendant United States of America ("the government") pursuant to the Federal Tort Claims Act ("FTCA"). Dkt. # 1. The Court heard this matter in a bench trial that began on July 1, 2019 and concluded on July 8, 2019. Following cross-motions for summary judgment, the only issues remaining for trial were causation and damages. See...
ORDER INCORPORATING STIPULATED PROTECTIVE ORDER AND GRANTING PLAINTIFF'S MOTION TO SEAL SALVADOR MENDOZA, JR. , District Judge . Before the Court, without oral argument, are the parties' Stipulated Protective Order and Clawback Order, ECF No. 19, and Plaintiffs' Motion to File "Confidential" Document Under Seal or In Open Court, ECF No. 14. Having reviewed the filings and the record, the Court is fully informed. The parties jointly move the Court to enter a Protective Order, the terms of...
ORDER GRANTING DEFENDANT STATE OF WASHINGTON'S MOTION TO DISMISS AND DENYING PENDING MOTIONS AS MOOT DKT. ## 17, 26, 28, 29 RONALD B. LEIGHTON , District Judge . INTRODUCTION THIS MATTER is before the Court on Defendants State of Washington, Governor Jay Inslee, and Washington Department of Fish & Wildlife Director Kelly Susewind's Motion to Dismiss under Rule 12(c). Dkt. # 29. In 1855, members of several Washington tribes signed the Treaty of Point Elliott, which ceded Indian-owned land...
ORDER MICHELLE L. PETERSON , Magistrate Judge . Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned case be REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). On remand, the administrative law judge will: (1) hold a de novo hearing; (2) evaluate the opinion of Sharon Jung, A.R.N.P.; (3) reevaluate the claimant's subjective complaints; (4) reassess the claimant's residual functional capacity; (...
ORDER DIRECTING RELEASE OF DEFENDANT FROM CUSTODY RICHARD A. JONES , District Judge . The Court releases Defendant from the Federal Detention Center by 9:00 a.m. on Friday, March 20, 2020, to the custody of his brother, Jordan Young. Defendant's Appearance Bond entered August 16, 2019, is modified to add the following condition: The defendant shall participate in the location monitoring program with Active Global Positioning Satellite technology. The defendant is restricted to his...
ORDER GRANTING JOINT STIPULATED MOTION FOR REMAND RICARDO S. MARTINEZ , Chief District Judge . THIS MATTER having come before the Court upon the parties' Joint Stipulated Motion for Remand, and the Court having reviewed the pleadings, files and records herein, along with all exhibits, and deeming itself advised in the matter, it is now therefore ORDERED, ADJUDGED and DECREED that the parties' Joint Stipulated Motion is GRANTED and directs the Clerk to remand this case to King County...
ORDER JOHN C. COUGHENOUR , District Judge . This matter comes before the Court on Defendant's motion for summary judgment (Dkt. No. 8). Having considered the parties' briefing and the relevant record, the Court hereby GRANTS the motion for the reasons explained herein. I. BACKGROUND On March 24, 2017, Plaintiffs were injured in an automobile accident when a United States Postal Service (USPS) employee struck their vehicle, which was being driven by Plaintiffs' mother. ( See Dkt. No. 1-1...
STIPULATED PROTECTIVE ORDER MICHELLE L. PETERSON , Magistrate Judge . 1. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket protection on...
ORDER REMANDING ACTION TO SNOHOMISH COUNTY SUPERIOR COURT RICHARD A. JONES , District Judge . This matter is before the Court on Defendants' response to the Court's order to show cause. Dkt. # 17. For the following reasons, the Court REMANDS this action back to Snohomish County Superior Court. I. BACKGROUND Plaintiff, The Meadows Owners Association ("Plaintiff" or the "Association"), is a non-profit corporation that holds a lien over the property at issue in the underlying action....
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JAMES L. ROBART , District Judge . I. INTRODUCTION Before the court is Defendant Holland America Line, Inc.'s ("HAL") motion for summary judgment. (MSJ (Dkt. # 20).) Plaintiff Donna Werner opposes the motion. (Resp. (Dkt. # 39).) The court has reviewed the motion, the parties' submissions in support of and in opposition to the motion, the relevant portions of the record, and the applicable law. Being fully advised, 1 the court GRANTS...
ORDER GRANTING JOINT MOTION TO FILE DOCUMENTS UNDER SEAL MARSHA J. PECHMAN , District Judge . The Court has considered the Parties' Joint Motion to File Documents Under Seal. The Court finds, therefore, that the documents identified in the Joint Motion may be filed under seal pursuant to Local Rule CR 5(g), and such records should not be subject to public disclosure. The public disclosure of these documents would be contrary to these state laws, but would serve no public purpose or benefit....
ORDER TO SHOW CAUSE AND STRIKING MOTION FOR SUMMARY JUDGMENT AND CORPORATE DISCLOSURE STATEMENT JAMES L. ROBART , District Judge . This matter comes before the court sua sponte. On May 2, 2019, Plaintiff Tylt, Inc. ("Tylt") filed this lawsuit against Defendants Wireless Advocates, LLC ("Wireless Advocates") and Car Toys, Inc. ("Car Toys") (collectively, "Defendants"). (Compl. (Dkt. # 1).) On June 28, 2019, after Defendants filed their answer to the complaint, Defendants filed a corporate...
STIPULATED PERMANENT INJUNCTION RICARDO S. MARTINEZ , Chief District Judge . STIPULATION Plaintiff Amazon.com, Inc. and Defendants First Impression Interactive, Inc., Jeffrey Giles, and Dale Brown (collectively "Parties"), by and through their respective counsel of record, notify the Court that the parties have reached a settlement of all claims in this matter. Pursuant to the terms of that settlement, the Parties stipulate and agree to entry of the permanent injunction below. DATED:...
ORDER JOHN C. COUGHENOUR , District Judge . This matter comes before the Court on Defendant Marie Christine Fanyo-Patchou's motion to modify the conditions of her appearance bond (Dkt. No. 161). Ms. Fanyo-Patchou's appearance bond currently restricts her to her residence. (Dkt. No. 133.) However, due to complications relating to her pregnancy, Ms. Fanyo-Patchou must regularly leave her residence to care for her newborn daughter. (Dkt. 161 at 2.) Pretrial Services therefore recommends that...
ORDER DENYING MOTION FOR RECONSIDERATION BRIAN A. TSUCHIDA , Chief Magistrate Judge . Before the Court is Plaintiff Joshua Lee Redding's motion for reconsideration of the Court's Order (Dkt. 73), in which the Court denied his motion to amend to add Snohomish County as a defendant and to seek sanctions for the alleged spoliation of evidence (which the Court denied on three prior occasions). Dkt. 78. The gist of Plaintiff's present motion for reconsideration is that he should now be allowed...
