Herbert v. Vertucci et al

Filing 72

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Robert S. Lasnik. Parties are directed to submit a Joint Status Report not later than 45 days after the date of this Order. (AD)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ANTHONY G. HERBERT,
Plaintiff,

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Case No. C13-640-RSL

v.
CARYN VERTUCCI, D.D.S., et al.,

ORDER DENYING DEFENDANT
VERTUCCI’S MOTION FOR SUMMARY
JUDGMENT

Defendants.

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The Court, having reviewed plaintiff’s complaint, the parties’ original summary judgment

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motion papers, the memorandum opinion of the Ninth Circuit, the parties’ supplemental briefing

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on qualified immunity, the Report and Recommendation of the Honorable James P. Donohue,

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United States Magistrate Judge, and the remaining record, does hereby find and ORDER:

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(1)

The Court adopts the Report and Recommendation.

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(2)

Defendant Vertucci’s motion for summary judgment (Dkt. 30) is DENIED with

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respect to plaintiff’s claim that Dr. Vertucci was deliberately indifferent to his serious dental

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ORDER DENYING DEFENDANT VERTUCCI’S
MOTION FOR SUMMARY JUDGMENT - 1

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needs when she failed to extract multiple wisdom teeth in December 2011 as Dr. Vertucci has

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not established that she is entitled to qualified immunity with respect to that claim.

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(3)

The parties are directed to meet and confer within thirty (30) days of the date of

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this Order, and to submit a Joint Status Report not later than forty-five (45) days after the date of

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this Order, specifically addressing:

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(a)

the expected length of trial;

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(b)

proposed trial dates;

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(c)

whether the case is to be tried to a jury or the Court; and

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(d)

whether all parties consent to having Magistrate Judge Donohue hear this case on

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the merits, pursuant to 28 U.S.C. § 636(c).
(4)

The Clerk is directed to send copies of this Order to plaintiff, to counsel for

defendant, and to the Honorable James P. Donohue.

Dated this 16th day of March, 2016.

A
Robert S. Lasnik
United States District Judge

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ORDER DENYING DEFENDANT VERTUCCI’S
MOTION FOR SUMMARY JUDGMENT - 2