Dargan v. Nodus

Filing 89

STIPULATION AND ORDER requesting mediation by Judge Robert S. Lasnik. (RS)

HONORABLE ROBERT S. LASNIK

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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MARGARET E. DARGAN, a single person
and resident of the state of Oregon,

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Plaintiff,
v.

NO. 2:08-CV-01714-RSL
STIPULATION REQUESTING MEDIATION
PURSUANT TO LOCAL CIVIL RULE
39.1(C)

GARY V. INGRAM, a Washington resident,
individually; PAMELA M. NODUS, a
Washington resident, individually; and the
marital community of GARY V. INGRAM and
PAMELA M. NODUS,
Defendants.

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The parties, Plaintiff Margaret E. Dargan, and Defendant Gary V. Ingram, stipulate to the

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entry of an order directing the parties to engage in mediation pursuant to Local Civil Rule

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39.1(c) as follows:

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1.

On November 26, 2008, Plaintiff filed a complaint for enforcement of victim’s

rights and declaratory and injunctive relief. Dkt. No. 1.
2.

On August 6, 2009, the Court entered orders (a) of final judgment in favor of

Plaintiff, Dkt. No. 71, and (b) dismissing the case, Dkt. No. 72.

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STIPULATION REQUESTING MEDIATION - 1

{03263897.DOCX;1 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

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3.

On July 14, 2016, Plaintiff moved the Court for an order (a) reopening this case

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and (b) declaring Defendant Gary Ingram to be in default of judgment (the “Default Motion”).

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Dkt. No. 73.

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4.

On November 15, 2016, the Court granted in part the Default Motion;

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specifically, the Court reopened this case but refrained from finding the Defendant to be in

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default. Dkt. No. 85.

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5.

On the same day, the Court entered an amended order setting trial and related

dates. Dkt. No. 86.
6.

At the November 15, 2016 hearing on the Default Motion, the Court expressed its

opinion that the parties should avail themselves of alternative dispute resolution.
7.

The parties have attempted to come to a negotiated resolution without the

assistance of a mediator, but have been unable to do so.
8.

Local Civil Rule 39.1(c) provides that the Court may order the parties to engage

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in mediation and that the parties may file a stipulation for mediation at any time. Local Rules

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W.D. Wash. LCR 39.1(c)(1).

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9.

Additionally, the parties may jointly request pro bono mediation. Local Rules

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W.D. Wash. LCR 39.1(c)(4). Attached hereto as Exhibit A is the parties’ completed Request for

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Mediation Without Charge.

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10.

Mrs. Dargan has already been damaged financially by the original crime

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perpetrated by Mr. Ingram, and also in the expense of pursuing restitution from Mr. Ingram.

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Additionally, the expenses Mr. Ingram incurs defending against Mrs. Dargan’s claim may

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potentially divert funds from payments that could be made to Mrs. Dargan.

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11.

Accordingly, the parties jointly request that the Court enter an order directing

them to engage in pro bono mediation.

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STIPULATION REQUESTING MEDIATION - 2

{03263897.DOCX;1 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

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RESPECTFULLY SUBMITTED this __ day of February, 2017.

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CAIRNCROSS & HEMPELMANN, P.S.

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/s/ Lindsey M. Pflugrath
Lindsey M. Pflugrath, WSBA No. 36964
E-mail: [e-mail]
524 Second Avenue, Suite 500
Seattle, WA 98104-2323
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

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AGREED TO BY:
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MARGARET E. DARGAN

GARY V. INGRAM

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_______________________________

____________________________________

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Date:___________________________

Date:_______________________________

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IT IS SO ORDERED:

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DATED: February 16, 2017.

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A
Robert S. Lasnik

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United States District Judge 

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STIPULATION REQUESTING MEDIATION - 3

{03263897.DOCX;1 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]