REPORT AND RECOMMENDATION BENJAMIN H. SETTLE , Magistrate Judge . INTRODUCTION Plaintiff Shila Bobylkova, proceeding pro se, brought this suit pursuant to the Washington Law Against Discrimination ("WLAD"), Wash. Rev. Code 49.60, et seq., alleging sex discrimination through harassment, wrongful termination, and retaliation. (Dkt. 1-2.) 1 Defendant Pick-N-Pull Northwest LLC ("PNP"), an Oregon-based entity ( see Dkt. 1), filed a Motion for Summary Judgment. (Dkt. 16.) Plaintiff did not...
REPORT AND RECOMMENDATION BENJAMIN H. SETTLE , Magistrate Judge . I. INTRODUCTION This matter is before the Court on Defendant Cheryl Strange's Renewed Motion to Dismiss (dkt. # 35 ("Second Strange Mot.")), Defendants Paul Pastor, Jeff Rodgers, and Daryl Shuey's Motion to Dismiss (dkt. # 37 ("Second Pastor, Rodgers, and Shuey Mot.")), Defendant City of Tacoma's Renewed Motion to Dismiss (dkt. # 39 ("Second City Mot.")), and Defendants Charlene Hamblen, Taffi Wheeldon, and Misty...
REPORT AND RECOMMENDATION RONALD B. LEIGHTON , Magistrate Judge . Petitioner Shane A. DeLorenze seeks 28 U.S.C. 2254 habeas relief from his 2015 state court conviction by jury verdict of one-count of second-degree rape. Dkt. 3; Dkt. 7, Exhibit 9. Petitioner was sentenced to a 92-month minimum term. Dkt. 7, Exhibit 9. Petitioner seeks habeas relief on grounds that the evidence presented at trial was insufficient, the prosecutor committed misconduct, petitioner's Fifth Amendment rights to...
ORDER THERESA L. FRICKE , Magistrate Judge . THE COURT conducted a hearing under the Bail Reform Act, 18 U.S.C. 3142(e),(g) on the government's Motion for Detention (Dkt. 6) on December 17, 2019 and determined that detention is appropriate because no condition or combination of conditions will reasonably assure the safety of any other person and the community or reasonably assure the defendant's appearance in court as required. The defendant is charged in the United States District...
NOTICE OF PENDING DISMISSAL OF UNSERVED DEFENDANTS AND OF REQUIREMENT OF COMPLIANCE WITH LCR 10(F) MARSHA J. PECHMAN , Senior District Judge . FRCP 4(m) states: If a defendant is not served within 90 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order the service be made within a specified time. The complaint in the above-entitled matter was filed on August 19,...
REPORT AND RECOMMENDATION Noted for January 3, 2020. RONALD B. LEIGHTON , District Judge . This matter is before the Court on defendants' filing of a motion for summary judgment (Dkt. 18). Plaintiff has brought suit under 42 U.S.C. 1983 against defendants Washington Corrections Center for Women (WCCW) as well as WCCW employees Keith C. Ebel, Cheryl Zurawski, and Deborah Jo Wofford. Dkt. 6. Specifically, plaintiff alleges violations of her Fourth and Thirteenth Amendment rights related...
REPORT AND RECOMMENDATION Noted for January 3, 2020. RONALD B. LEIGHTON , District Judge . THERESA L. FRICKE , Magistrate Judge . This matter comes before the Court on petitioner's filing of a motion to voluntarily dismiss the current petition for writ of habeas corpus. Dkt. 23. Respondent has informed the Court that respondent does not object to petitioner's motion. Dkt. 24. DISCUSSION A habeas corpus petitioner is "entitled to guide the course of his litigation, including dismissing...
REPORT AND RECOMMENDATION RICARDO S. MARTINEZ , Chief Magistrate Judge . INTRODUCTION Miguel Gomez-Cervantes, a native and citizen of Mexico, brings this 28 U.S.C. 2241 immigration habeas action through counsel to obtain judicial review of an immigration judge's ("IJ") 2010 finding that he did not have a reasonable fear of return to Mexico. 1 See Dkt. 1. The Government has moved to dismiss. Dkt. 10. Mr. Gomez-Cervantes did not file an opposition. As discussed below, the Court...
ORDER DENYING MOTION TO AMEND CASE CAPTION DAVID W. CHRISTEL , Magistrate Judge . Before the Court is Petitioner's Motion to Amend Case Caption ("Motion"). Dkt. 6. Petitioner Luciano Molina Rios, who is proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Dkt. 3. In his Petition, Petitioner named Jeffrey Uttecht as Respondent. See id. Petitioner now moves for the Court to amend the case caption to the State of Washington as respondent. Dkt. 6....
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ROBERT S. LASNIK , District Judge . The Court, having reviewed Plaintiff's amended complaint, Defendant's motion for summary judgment, the Report and Recommendation of the Honorable Michelle L. Peterson, United States Magistrate Judge, any objections thereto, and the remaining record, hereby finds and ORDERS: (1) The Report and Recommendation is approved and adopted. (2) Defendant's motion for summary judgment (dkt. # 15) is GRANTED....
ORDER REVERSING AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS JOHN C. COUGHENOUR , District Judge . Plaintiff seeks review of the denial of her application for Disability Insurance Benefits. Plaintiff contends the ALJ erred by rejecting her testimony and four medical opinions. Dkt. 11. As discussed below, the Court REVERSES the Commissioner's final decision and REMANDS the matter for further administrative proceedings under sentence four of 42 U.S.C. 405(g). I. BACKGROUND...
ORDER AFFIRMING DEFENDANT'S DECISION TO DENY BENEFITS DAVID W. CHRISTEL , Magistrate Judge . Plaintiff filed this action, pursuant to 42 U.S.C. 405(g), for judicial review of the Commissioner of the Social Security Administration's ("Commissioner") denial of Plaintiff's application for disability insurance benefits ("DIB"). Pursuant to 28 U.S.C. 636(c), Federal Rule of Civil Procedure 73, and Local Rule MJR 13, the parties have consented to have this matter heard by the undersigned...
ORDER DENYING MOTION FOR EX PARTE TEMPORARY RESTRAINING ORDER MARSHA J. PECHMAN , Senior District Judge . The Court is in receipt of Plaintiffs' Application for Ex Parte TRO (Dkt. No. 40). Having reviewed the briefing, all related exhibits and declarations 1 , and relevant portions of the record, the Court rules as follows: IT IS ORDERED that the request for an ex parte TRO is DENIED. Discussion The Court considers four factors in examining Plaintiffs' request for a TRO: (1)...
ORDER DENYING BCI COCACOLA BOTTLING COMPANY OF LOS ANGELES, LLC'S MOTION FOR SUMMARY JUDGMENT BARBARA JACOBS ROTHSTEIN , District Judge . I. INTRODUCTION This matter comes before the court on a Motion for Summary Judgment filed by Defendant BCI Coca-Cola Bottling Company of Los Angeles, LLC, ("BCI"), seeking an order dismissing it from this case. BCI argues that Plaintiffs Rebecca Harrington and Steven Harrington ("Plaintiffs") have failed to point to evidence of any negligence on the...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JAMES L. ROBART , District Judge . I. INTRODUCTION Before the court is Defendant State of Washington Seattle Central College's ("Seattle Central" or "the College") motion for summary judgment. (MSJ (Dkt. # 35).) Initially, the motion applied to all Defendants 1 and all of Plaintiff Dedra Strickland's claims. ( See id. ) However, on December 9, 2019, the court entered a stipulated order dismissing Individual Defendants, as well as Ms....
ORDER JOHN C. COUGHENOUR , District Judge . This matter comes before the Court on Plaintiffs' unopposed motion for preliminary approval of a class action settlement pursuant to Federal Rule of Civil Procedure 23(e) (Dkt. No. 158). Having thoroughly considered the motion and the relevant record, the Court finds oral argument unnecessary and hereby ORDERS as follows: Before the Court is Plaintiffs' unopposed motion for preliminary approval of class settlement and the proposed settlement...
ORDER ON PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS, FOR FREE ACCESS TO PACER, FOR APPOINTMENT OF COUNSEL AND FOR JURY DEMAND ROBERT J. BRYAN , District Judge . THIS MATTER comes before the Court on the Plaintiff's Motion to Proceed In Forma Pauperis ("IFP"), for Free Access to PACER [Public Access to Court Electronic Records], for Appointment of Counsel, and for Jury Demand. Dkt. 38. The Court has considered the pleadings filed regarding the motion and the remaining file....
ORDER J. RICHARD CREATURA , Magistrate Judge . Petitioner, who is proceeding pro se and in forma pauperis, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Dkt. 5. Before the Court are three motions filed by petitioner: (1) motion to amend case caption (Dkt. 8); (2) motion to amend petition (Dkt. 9); and (3) motion to compel for information (Dkt. 10). The Court denies petitioner's motion to amend case caption (Dkt. 8) and motion to compel for information (Dkt....
ORDER ON MOTION FOR PRE- AND POST-JUDGMENT INTEREST RONALD B. LEIGHTON , District Judge . THIS MATTER is before the Court on the Port of Vancouver's Motion [Dkt. # 128] for Pre- and Post-Judgment Interest. The Port claims that its claim for the cost of dock repairs was liquidated and that it is entitled to pre-judgment interest at the 12% Washington statutory rate. The Port seeks interest to compensate it for the "use value" of the money it paid, from the date(s) of its "loss"—2012 and...
ORDER JOHN C. COUGHENOUR , District Judge . This matter comes before the Court on Defendants' motion to dismiss (Dkt. No. 15). Having considered the parties' briefing and the relevant record, the Court hereby DENIES the motion for the reasons explained below. On June 17, 2016, the Court entered a pre-filing order against Plaintiff. See McDermott v. U.S. Postal Serv., Case No. C16-0377-JCC, Dkt. No. 31 at 6-9 (W.D. Wash. 2016). The order imposed a review process for "[a]ny pro se...
