Davis v. Washington State Department of Social and Health Services et al

Filing 424

ORDER DISMISSING DEFENDANTS AND DIRECTING JOINT STATUS REPORT; striking Hearing Re: 412 Motion for Partial Summary Judgment; granting 422 Stipulated Motion to Dismiss. Parties Jane Doe Kirkland, Jeremy Kirkland, Sarah Oase, Jane Doe Stok es, Tom Stokes, James Desmond, and Heidi Kaas terminated. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator) Modified on 12/10/2020 to add: All claims against these defendants are DISMISSED WITH PREJUDICE, with all parties to bear their own costs and attorney fees and amend docket text. (AY, Case Administrator).

Case 2:17-cv-00062-SMJ

ECF No. 424

filed 12/10/20

PageID.8851 Page 1 of 4

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Dec 10, 2020

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
BARBARA DAVIS, as Personal
Representative of the Estate of G.B.,
deceased,

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Plaintiff,

No.

2:17-cv-00062-SMJ

ORDER DISMISSING
DEFENDANTS AND DIRECTING
JOINT STATUS REPORT

v.
WASHINGTON
STATE
DEPARTMENT OF SOCIAL AND
HEALTH SERVICES; JENNIFER
STRUS, individually and in her official
capacity acting under the color of state
law; HEIDI KAAS, individually and in
her official capacity acting under the
color of state law; MELISSA
KEHMEIER, individually and in her
official capacity acting under the color of
state law; JAMES DESMOND,
individually and in his official capacity
acting under the color of state law;
CASSIE ANDERSON, individually and
in her official capacity acting under the
color of state law; BRINA CARRIGAN,
individually and in her official capacity
acting under the color of state law;
MAGGIE STEWART, individually and
in her official capacity acting under the
color of state law; LORI BLAKE,
individually and in her official capacity
acting under the color of state law;
SHANNON SULLIVAN, individually
and in her official capacity acting under
ORDER DISMISSING DEFENDANTS AND DIRECTING JOINT STATUS
REPORT – 1

Case 2:17-cv-00062-SMJ

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ECF No. 424

filed 12/10/20

PageID.8852 Page 2 of 4

the color of state law; SUSAN
STEINER, individually and in her
official capacity acting under the color of
state law; CAMERON NORTON,
individually and in his official capacity
acting under the color of state law;
SARAH OASE, individually and in her
official capacity acting under the color of
state
law;
RANA
PULLOM,
individually and in her official capacity
acting under the color of state law;
DONALD WILLIAMS, individually
and in her official capacity acting under
the color of state law; CHRIS MEJIA,
individually and in his official capacity
acting under the color of state law;
RIVERSIDE SCHOOL DISTRICT NO.
416, a Municipal Corporation duly
organized and existing under the laws of
Washington State; TOM STOKES,
individually and in his official capacity
and the marital community comprised
thereof;
JEREMY
KIRKLAND,
individually and in his official capacity
and the marital community comprised
thereof; JANE DOE STOKES, and the
marital community comprised thereof;
JANE DOE KIRKLAND, and the
marital community comprised thereof;
and JOHN DOES 1–50,
Defendants.
Before the Court, without oral argument, is the parties’ Stipulated Motion for
Dismissal of Defendants Sarah Oase, James Desmond, Jeremy Kirkland, Tom
Stokes, and Heidi Kaas, ECF Nos. 422.

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ORDER DISMISSING DEFENDANTS AND DIRECTING JOINT STATUS
REPORT – 2

Case 2:17-cv-00062-SMJ

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ECF No. 424

filed 12/10/20

PageID.8853 Page 3 of 4

Consistent with the parties’ agreement and Federal Rule of Civil Procedure
41(a)(1)(A)(ii), IT IS HEREBY ORDERED:
1.

The parties’ Stipulated Motion for Dismissal of Defendants Sarah

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Oase, James Desmond, Jeremy Kirkland, Tom Stokes, and Heidi Kaas,

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ECF No. 422, is GRANTED.

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2.

All claims against Tom Stokes, Sarah Oase, James Desmond, Jeremy

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Kirkland, and Heidi Kaas are DISMISSED WITH PREJUDICE,

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with all parties to bear their own costs and attorney fees.

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3.

The Clerk’s Office is directed to AMEND the caption as follows:
BARBARA DAVIS, as Personal Representative of the Estate of
G.B., deceased,

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Plaintiff,
v.

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WASHINGTON STATE DEPARTMENT OF SOCIAL AND
HEALTH SERVICES; JENNIFER STRUS, individually and in her
official capacity acting under the color of state law; MELISSA
KEHMEIER, individually and in her official capacity acting under
the color of state law; CASSIE ANDERSON, individually and in
her official capacity acting under the color of state law; BRINA
CARRIGAN, individually and in her official capacity acting under
the color of state law; MAGGIE STEWART, individually and in
her official capacity acting under the color of state law; LORI
BLAKE, individually and in her official capacity acting under the
color of state law; SHANNON SULLIVAN, individually and in her
official capacity acting under the color of state law; SUSAN
STEINER, individually and in her official capacity acting under the
color of state law; CAMERON NORTON, individually and in his
ORDER DISMISSING DEFENDANTS AND DIRECTING JOINT STATUS
REPORT – 3

Case 2:17-cv-00062-SMJ

ECF No. 424

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Defendants.
4.

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PageID.8854 Page 4 of 4

official capacity acting under the color of state law; RANA
PULLOM, individually and in her official capacity acting under the
color of state law; DONALD WILLIAMS, individually and in her
official capacity acting under the color of state law; CHRIS MEJIA,
individually and in her official capacity acting under the color of
state law; RIVERSIDE SCHOOL DISTRICT NO. 416, a
Municipal Corporation duly organized and existing under the laws
of Washington State; JANE DOE STOKES, and the marital
community comprised thereof; JANE DOE KIRKLAND, and the
marital community comprised thereof; and JOHN DOES 1–50,

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filed 12/10/20

The hearing on Plaintiff’s Motion for Partial Summary Judgment
Against WSDSHS, ECF No. 412, is STRICKEN.

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ALL remaining parties are directed to FILE a joint status report by
no later than December 17, 2020 updating the Court on the status of
settlement as to each of the remaining parties and proposing a
briefing schedule as to Plaintiff’s Motion for Partial Summary
Judgment Against WSDSHS, ECF No. 412.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and
provide copies to all counsel.
DATED this 10th day of December 2020.

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_________________________
SALVADOR MENDOZA, JR.
United States District Judge

ORDER DISMISSING DEFENDANTS AND DIRECTING JOINT STATUS
REPORT – 4