Ferguson v. Waid

Filing 96

ORDER striking Plaintiff's 95 Motion to Compel and all attachments. Signed by Judge Ricardo S Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SANDRA L. FERGUSON,
Plaintiff,

Case No. C17-1685RSM
ORDER STRIKING PLAINTIFF’S
MOTION TO COMPEL

v.
BRIAN J. WAID AND THE WAID
MARITAL COMMUNITY,

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Defendants.

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On March 20, 2018, Plaintiff Sandra Ferguson filed a Motion to Compel Production of

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Documents Pursuant to Subpoena. Dkt. #95. This Motion relies on a declaration of Ms.

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Ferguson with attached exhibits. See Dkts. #95-1 through #95-5. The declaration is not signed

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under penalty of perjury as required by 28 U.S.C. § 1746. See Dkt. #95-1.
The Court has previously chastised Ms. Ferguson about this exact issue. On March 26,

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2018, the Court issued a Minute Order striking several of Ms. Ferguson’s declarations because

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she failed to sign them under penalty of perjury. Dkt. #54 (citing Dkts. #48, #49, and #51).

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The Minute Order also struck the Motion connected to the declarations for other procedural
reasons. The Court explicitly instructed her to re-submit her declarations under penalty of
perjury and warned her that “[f]ailure to follow the above rules will result in the Court striking

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ORDER STRIKING PLAINTIFF’S MOTION TO COMPEL - 1

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this Motion again.” Id. Ms. Ferguson re-submitted her declarations signed under penalty of
perjury. See Dkts. #59 #60, and #61.

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The Court has repeatedly noted Ms. Ferguson’s other procedural errors in this case, see,

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e.g., Dkts. #54, #72, and #89, and twice explicitly warned her that future violations would

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result in sanctions. Dkts. #82 and #84.
The remaining issues in this case turn on the truth or falsity of statements made by Ms.

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Ferguson. It is thus particularly unacceptable that she continually fails to follow this procedure

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requiring her to submit testimony declared under penalty of perjury to be true and correct.

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Given all of the above, the Court STRIKES Ms. Ferguson’s Motion to Compel, Dkt.
#95, and all attachments. The deadline for discovery motions has now passed. See Dkt. #55.

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DATED this 19th day of June, 2018.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER STRIKING PLAINTIFF’S MOTION TO COMPEL - 2