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

Filing 463

ORDER DISMISSING DEFENDANTS AND DIRECTING JOINT STATUS REPORT; denying as moot 457 Motion to Dismiss; denying as moot 458 Motion to Expedite; granting 459 Motion to Dismiss; granting 460 Motion to Expedite; granting 461 Motion to Dismi ss; granting 462 Motion to Expedite. Parties Riverside School District No. 416 (a Municipal Corporation duly organized and existing under the laws of Washington State) and Washington State Department of Social and Health Services terminated. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)

Case 2:17-cv-00062-SMJ

ECF No. 463

filed 08/02/21

PageID.9798 Page 1 of 4

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

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Aug 02, 2021
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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BARBARA DAVIS, as personal
representative of the Estate of G.B.,
deceased,

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Plaintiff,

No.

SEAN F. MCAVOY, CLERK

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, 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 – 1

Case 2:17-cv-00062-SMJ

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ECF No. 463

filed 08/02/21

PageID.9799 Page 2 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 his official capacity
acting under the color of state law,
RIVERSIDE SCHOOL DISTRICT NO.
416, a Municipal Corporation dully
organized and existing under the laws
of Washington State, and JOHN DOES
1-50, individually and in their official
capacities acting under the color of state
law,

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Defendants.

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Before the Court, without oral argument, are several stipulated motions to

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dismiss and related motions to expedite. ECF Nos. 457–62. Consistent with the

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parties’ agreement and Federal Rule of Civil Procedure 41(a)(1)(A)(ii), IT IS

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HEREBY ORDERED:

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The parties’ Amended Stipulated Motion for Dismissal as to

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Defendant State of Washington, Washington State Department of

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Social and Health Services, ECF No. 461, and related motion to

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expedite ECF No. 462, are GRANTED.

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ORDER DISMISSING DEFENDANTS AND DIRECTING JOINT STATUS
REPORT – 2

Case 2:17-cv-00062-SMJ

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2.

ECF No. 463

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The parties’ Stipulated Motion for Dismissal as to All Remaining State

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Entities and Heidi Kaas, ECF No. 457, and related motion to expedite,

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ECF No. 458, are DENIED AS MOOT.

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3.

The parties’ Stipulated Motion to Dismiss Claim Against Riverside

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School District with Prejudice and Without Costs, ECF No. 459, and

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related motion to expedite, ECF No. 460, are GRANTED.

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4.

All claims against Defendants Washington State Department of Social

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and Health Services and Riverside School District No. 416 are

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DISMISSED WITH PREJUDICE, with all parties to bear their own
costs and attorney fees.

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5.

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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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
ORDER DISMISSING DEFENDANTS AND DIRECTING JOINT STATUS
REPORT – 3

Case 2:17-cv-00062-SMJ

ECF No. 463

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Defendants.

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PageID.9801 Page 4 of 4

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 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; and JOHN DOES 1–50,

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filed 08/02/21

6.

ALL remaining parties are directed to file a joint status report by no
later than one week from the date of this Order updating the Court
on the status of settlement as to each of the remaining parties (listed in
Number Five above). Alternatively, the parties may file a stipulated
motion to dismiss.

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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 2nd day of August 2021.

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_________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER DISMISSING DEFENDANTS AND DIRECTING JOINT STATUS
REPORT – 4