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Adams v. Elfo, 2:19-cv-1263-JCC-MLP. (2019)

Court: District Court, D. Washington Number: infdco20191017d63 Visitors: 28
Filed: Oct. 16, 2019
Latest Update: Oct. 16, 2019
Summary: STIPULATION AND ORDER MICHELLE L. PETERSON , Magistrate Judge . The Parties agree and hereby stipulate that in its present posture, the Court cannot afford complete relief to Petitioner in the absence of joinder of an appropriate Nooksack tribal official or officials. Fed. R. Civ. P. 19(a). The Parties thus request that the Court order Petitioner to identify and join, as respondents, any tribal official with authority to (a) oppose the petition to the extent it lacks merit and (b) grant Pet
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STIPULATION AND ORDER

The Parties agree and hereby stipulate that in its present posture, the Court cannot afford complete relief to Petitioner in the absence of joinder of an appropriate Nooksack tribal official or officials. Fed. R. Civ. P. 19(a). The Parties thus request that the Court order Petitioner to identify and join, as respondents, any tribal official with authority to (a) oppose the petition to the extent it lacks merit and (b) grant Petitioner the relief she requests to the extent ordered by the Court. Fed. R. Civ. P. 19(a).

GALANDA BROADMAN, PLLC s/Gabriel S. Galanda Gabriel S. Galanda, WSBA #30331 Attorneys for Petitioners P.O. Box 15146 Seattle, WA 98115 (206) 557-7509 Fax: (206) 299-7690 Email: gabe@galandabroadman.com WHATCOM COUNTY PROSECUTING ATTORNEY s/George Roche George Roche, WSBA #45698 Deputy Prosecuting Attorney Attorney for Respondents 311 Grand Ave. Ste. 201 Bellingham, WA 98225 Email: groche@co.whatcom.wa.us

ORDER

In light of the above stipulations, IT IS ORDERED:

(1) The Fed. R. Civ. P. 12(b)(7) motion to dismiss filed by Respondents is GRANTED. BILL ELFO, Whatcom County Sheriff, and WENDY JONES, Whatcom County Chief of Corrections, are DISMISSED as parties to this proceeding, without prejudice;

(2) Petitioner shall name any Nooksack tribal official(s) with proper authority as Respondent(s); and

(3) Petitioner is granted fifteen (15) days to file an amended petition naming such Respondent(s).

Source:  Leagle

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