CONSENT DECREE ROBERT J. BRYAN, District Judge. I. STIPULATIONS Plaintiff Waste Action Project sent a sixty day notice of intent to sue letter to Defendant Union Pacific Railroad Company ("Union Pacific") on July 29, 2011, alleging violations of the Clean Water Act, 33 U.S.C. 1251 et seq., relating to discharges of stormwater from Union Pacific's facility in Fife, Washington and seeking declaratory and injunctive relief, civil penalties and attorneys' fees and costs. Union Pacific denies...
STIPULATION AND ORDER TO EXTEND DATES ROBERT S. LASNIK, District Judge. STIPULATION The parties have scheduled a mediation of this case for January 25, 2013, and hereby stipulate to the following amendment pretrial due dates set in the Minute Order Setting Trial Date & Related Dates entered February 14, 2012. No change of the trial date of May 6, 2013 is requested. The plaintiff's medical treatment continues. The parties request that the court enter the attached order making the following...
STIPULATION AND ORDER TO AMEND CAPTION RONALD B. LEIGHTON, District Judge. I. STIPULATION The parties, by and through their respective counsel of record, stipulate as follows: 1. Whereas the Court entered its Order Granting In Part And Denying In Part Defendants' Motions for Summary Judgment, which dismissed the individual defendants from the case; 2. Whereas the parties recognize that the City of Tacoma is the last remaining defendant in this case, and wish to amend the caption to reflect...
STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL FOR PLAINTIFFS ROBERT J. BRYAN, District Judge. STIPULATION Plaintiffs James Patrick Boyer and Catherine Boyer, by and through their attorney, Larry Hazen; Defendant Reed Smith, LLP, by and through its attorney John Tondini of Byrnes, Keller, Cromwell LLP; and Defendant James J. Barnes and LMJ Enterprises, LLC, by and through their attorney, Ren e E. Rothauge of Markowitz, Herbold, Glade & Mehlhaf, PC, hereby stipulate that Plaintiffs have...
ORDER APPOINTING MARINE LENDERS SERVICES, LLC, AS SUBSTITUTE CUSTODIAN BENJAMIN H. SETTLE, District Judge. Having reviewed Plaintiff's Motion for the Appointment of a Substitute Custodian and the supporting Declarations of Jeremy B. Jones and Buck Fowler, Jr., and good cause appearing, NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. Plaintiff's Motion is GRANTED. 2. Marine Lenders Services, LLC, is appointed to act as substitute custodian of the defendant vessel OEL CONFIDENCE, IMO...
ORDER AUTHORIZING ISSUANCE OF PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT BENJAMIN H. SETTLE, District Judge. Having reviewed and considered the Motion for Issuance of Process of Maritime Attachment and Garnishment of Plaintiff, TRANSFIELD ER CAPE LIMITED (IN LIQUIDATION), and Plaintiff's Verified Complaint, together with the Attorney Declaration that Defendants cannot be found in the District, and finding that the conditions of Rule B of the Supplemental Rules for Certain Admiralty and...
STIPULATION AND ORDER TO AMEND CAPTION RONALD B. LEIGHTON, District Judge. I. STIPULATION The parties, by and through their respective counsel of record, stipulate as follows: 1. Whereas the Court entered its Order Granting In Part And Denying In Part Defendants' Motions for Summary Judgment, which dismissed the individual defendants from the case; 2. Whereas the parties recognize that the City of Tacoma is the last remaining defendant in this case, and wish to amend the caption to reflect...
[PROPOSED] ORDER GRANTING DEFENDANT'S MOTIONS IN LIMINE RONALD B. LEIGHTON, District Judge. THIS MATTER having come on before the Court on Defendant's Motions in Limine ("Motion"), and the Court having read and considered Defendant's Motion and supporting papers, Plaintiff's Opposition and supporting papers, and Defendant's Reply and supporting papers, NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant's Motion is GRANTED. IT IS FURTHER ORDERED, ADJUDGED AND...
STIPULATION AND ORDER TO TEMPORARILY ENJOIN TRUSTEE'S SALE BENJAMIM H. SETTLE, District Judge. I. STIPULATION Plaintiffs and Defendants, by and through their undersigned counsel, hereby stipulate to the entry of the following order temporarily enjoining the foreclosure sale of Plaintiffs' residence currently set for December 14, 2012, pursuant to the Washington Deed of Trust Act, RCW 61.24 et seq. WHEREAS Plaintiffs are borrowers on a certain residential mortgage loan, secured by a deed...
STIPULATED PROTECTIVE ORDER BENJAMIN H. SETTLE, District 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 all...
CONSENT DECREE RONALD B. LEIGHTON, District Judge. WHEREAS, Plaintiff, Puget Soundkeeper Alliance, on October 3, 2011, filed a Complaint against Defendant, New West Gypsum USA, Inc. alleging violations of the Clean Water Act, 33 U.S.C. 1251 et seq., relating to discharges of stormwater from Defendant's facility located in Fife, Washington, seeking declaratory and injunctive relief, civil penalties and attorneys fees and costs ("Complaint"). WHEREAS, Defendant denies Plaintiff's claims and...
STIPULATION AND [PROPOSED] ORDER TO AMEND CAPTION RONALD B. LEIGHTON, District Judge. I. STIPULATION The parties, by and through their respective counsel of record, stipulate as follows: 1. Whereas the Court entered its Order Granting In Part And Denying In Part Defendants' Motions for Summary Judgment, which dismissed the individual defendants from the case; 2. Whereas the parties recognize that the City of Tacoma is the last remaining defendant in this case, and wish to amend the...
ORDER ON SUMMARY JUDGMENT RONALD B. LEIGHTON, District Judge. THIS MATTER is before the Court on both parties' Motions for Summary Judgment. (Dkt. #31 & 41.) The underlying case involves an alleged copyright infringement and misappropriation of trade secrets. Plaintiff National Football Scouting (National) compiles yearly Scouting Reports for twenty one National Football League clubs to use during the Draft. In the Reports, National assigns each player an overall Player Grade, which is a...
AGREED PROTECTIVE ORDER LONNY R. SUKO, District Judge. Plaintiffs requested in discovery, from the City of Pasco, the "complete employment files for Officers Ryan Flanagan, Zachary Fairley, Anthony Haworth, Ben Majetich, and Robert Metzger." Pasco does not believe the files will lead to relevant information. Pasco will redact from the records the home addresses, home phone numbers, and social security numbers of the officers, and withhold from production private financial information and...
ORDER GRANTING MOTIONS TO DISMISS SIXTEENTH AFFIRMATIVE DEFENSE (LIABILITY PROPORTIONATE TO APPORTIONMENT) AND MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEFENDANT'S DIVISIBILITY DEFENSE, INTER ALIA LONNY R. SUKO, District Judge. BEFORE THE COURT are the Motion To Dismiss Sixteenth Affirmative Defense (Liability Proportionate To Apportionment) (ECF No. 957) filed by The Confederated Tribes Of The Colville Reservation (Tribes), and the Motion For Partial Summary Judgment On Defendant's...
ORDER ON MOTION TO DISMISS AND MOTION FOR ATTORNEY FEES, COSTS, AND STATUTORY PENALTY RICARDO S. MARTINEZ, District Judge. I. INTRODUCTION This matter comes before the Court on individual Defendants Waverly Hagen and Don Shoemaker's motion to dismiss and motion for attorney fees, costs, and statutory penalty. Dkt. # 14. Plaintiff Elizabeth Fielder brought suit against the Sterling Park Homeowners Association ("SPHA") and individual members of the SPHA for violations of the Fair Housing Act (...
ORDER OF FINAL SETTLEMENT APPROVAL AND DISMISSAL WITH PREJUDICE AS TO THE LHDR DEFENDANTS AND MARSHALL BANKS, LLC ROBERT J. BRYAN, District Judge. WHEREAS, on August 30, 2012, this Court entered its Order Granting Preliminary Approval of Class Action Settlement (Dkt. No. 159) (the "Preliminary Approval Order"); and WHEREAS, individual notice complying with Fed. R. Civ. P. 23 was sent to the last-known address of each reasonably identifiable member of the Settlement Class and Subclass, and...
ORDER THOMAS S. ZILLY, District Judge. THIS MATTER comes before the Court on a Motion to Dismiss Constitutional, Declaratory Judgment, and Good Faith and Fair Dealing Claims Pursuant to Federal Rule of Civil Procedure 12(c), docket no. 40, by Defendant City of Seattle. Having reviewed the memoranda, declarations, and exhibits submitted by the parties, the Court enters the following Order. I. Background This case arises out of an alleged breach of a lease agreement between Plaintiff...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING DEFENDANTS' MOTION TO TRANSFER THOMAS O. RICE, District Judge. BEFORE THE COURT are Defendants' Motion to Transfer to the District Court for the District of Columbia, ECF No. 45, and Defendants' Motion to Dismiss the complaint for failure to state a claim upon which relief can be granted, ECF No. 57. These matters were heard with oral argument on October 24, 2012. Daniel M. Shanley and C. Matthew Andersen appeared on behalf of the...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS ROBERT S. LASNIK, District Judge. This matter comes before the Court on "Certain Defendants' Motion to Dismiss Second Amended Class Action Complaint." Dkt. #37. 1 Defendants argue that plaintiffs allegations of falsity, scienter, and loss causation do not satisfy the pleading standards of the Private Securities Litigation Reform Act of 1995 ("PSLRA"), 15 U.S.C. 78u-4 and 78u-5, and Fed. R.Civ.P. 9(b). Having reviewed the Second Amended...
