Medicraft et al v. State of Washington et al

Filing 82

ORDER granting Parties' 80 Stipulated MOTION to File Second Amended Answer. Leave is granted for the Defendants to amend Defendants' First Amended Answer to Plaintiffs' Second Amended Complaint for Damages and Affirmative Defenses and to file Defendants' proposed Second Amended Answer to Plaintiffs' Second Amended Complaint for Damages and Affirmative Defense with the Court. Signed by Hon. Michelle L. Peterson. (SR)

Case 2:21-cv-01263-JCC-MLP Document 82 Filed 05/09/22 Page 1 of 3

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Hon. Michelle L. Peterson

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JAMES and SHAYLEE MEDICRAFT,
husband and wife and the marital
community thereof, themselves and on
behalf of their minor children: J.M.,
A.M., E.M., M.M. and N.M.,

NO. C21-1263-JCC-MLP
STIPULATION AND ORDER
FOR DEFENDANTS STATE OF
WASHINGTON ET AL TO FILE
SECOND AMENDED ANSWER
TO PLAINTIFF’S SECOND
AMENDED COMPLAINT

Plaintiffs,

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v.

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THE STATE OF WASHINGTON; et al.,

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Defendants.

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The Plaintiffs and the Defendants: the State of Washington, Department of Children Youth
and Families (DCYF); Tanessa Sanchez and John Doe Sanchez, husband and wife and the marital
community thereof; Tabitha Culp and John Doe Culp, husband and wife and the marital
community thereof; Elizabeth Sterbick And John Doe Sterbick, husband and wife and the marital
community thereof; Tabitha Pomeroy and John Doe Pomeroy, husband and wife and the marital
community thereof; Ross Hunter and Jane Doe Hunter, husband and wife and the marital
community thereof; Bonnie White and John Doe White, husband and wife and the marital
community thereof; (“Defendants”) through their respective counsel of record, hereby agree and

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STIPULATION AND ORDER FOR
DEFENDANTS STATE OF WASHINGTON
ET AL TO FILE SECOND AMENDED
ANSWER TO PLAINTIFF’S SECOND
AMENDED COMPLAINT
NO. C21-1263-JCC-MLP

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ATTORNEY GENERAL OF
WASHINGTON
Torts Division
7141 Cleanwater Drive SW
PO Box 40126
Olympia, WA 98504-0126
[phone]

Case 2:21-cv-01263-JCC-MLP Document 82 Filed 05/09/22 Page 2 of 3

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stipulate that these Defendants are granted leave to amend Defendants’ First Amended Answer to
Plaintiffs’ Second Amended Complaint for Damages and Affirmative Defenses. The parties have

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meet and conferred regarding the affirmative defenses in Defendant’s First Amended Answer and

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are in agreement that leave to amend Defendant’s First Amended Answer to Plaintiffs’ Second

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Amended Complaint for Damages and Affirmative Defenses should be granted. In accordance

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with LCR 15, attached as Exhibit A is Defendants’ proposed Second Amended Answer to

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Plaintiffs’ Second Amended Complaint for Damages and Affirmative Defenses. Should the Court

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grant leave for the Defendants to file the amended pleading attached as Exhibit A.
Plaintiffs reserve all rights, including the right to move to strike pursuant to FRCP 12(f)
after review of the amended pleadings contemplated herein.
The parties, as evidenced by the electronic signatures below, are in agreement to this
leave to amend Defendants’ First Amended Answer to Plaintiffs’ Second Amended Complaint for
Damages and Affirmative Defenses.

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DATED this 6th day of May, 2022.

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ROBERT W. FERGUSON
Attorney General

ROBERT W. FERGUSON
Attorney General

/s/ Peter Kay
PETER KAY,
Attorney for Defendant
WSBA No. 31246
Assistant Attorney General
Office of the Attorney General – Torts
Division
7141 Cleanwater Dr. SW
Tumwater, WA 98504

/s/Madison
Burke______________________
MADISON BURKE,
Attorney for Defendant
WSBA No. 51250
Assistant Attorney General
Office of the Attorney General – Torts
Division
7141 Cleanwater Dr. SW

STIPULATION AND ORDER FOR
DEFENDANTS STATE OF WASHINGTON
ET AL TO FILE SECOND AMENDED
ANSWER TO PLAINTIFF’S SECOND
AMENDED COMPLAINT
NO. C21-1263-JCC-MLP

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ATTORNEY GENERAL OF
WASHINGTON
Torts Division
7141 Cleanwater Drive SW
PO Box 40126
Olympia, WA 98504-0126
[phone]

Case 2:21-cv-01263-JCC-MLP Document 82 Filed 05/09/22 Page 3 of 3

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Tumwater, WA 98504
Telephone: [phone]
Email: [e-mail]

Telephone: [phone]
Email: [e-mail]

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ARNOLD & JACOBOWITZ PLLC

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/s/Nathan J. Arnold
Nathan J. Arnold, WSBA #45356
Attorneys for Plaintiffs
2701 First Avenue, Ste 200
Seattle, WA 98121-1126
Telephone: [phone]
[e-mail]

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ORDER

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The parties having so stipulated for leave to amend under FRCP 15 and LCR 15, and the
Court finding good cause for entry hereof, now therefore, it is hereby:

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ORDERED that leave is granted for the Defendants to amend Defendants’ First Amended

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Answer to Plaintiffs’ Second Amended Complaint for Damages and Affirmative Defenses and to

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file Defendants’ proposed Second Amended Answer to Plaintiffs’ Second Amended Complaint

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for Damages and Affirmative Defense with the Court. Plaintiffs reserve all rights, including the

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right to move to strike pursuant to FRCP 12(f) after review of the filed amended pleading.

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Dated this 9th day of May, 2022.

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A

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MICHELLE L. PETERSON
United States Magistrate Judge

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STIPULATION AND ORDER FOR
DEFENDANTS STATE OF WASHINGTON
ET AL TO FILE SECOND AMENDED
ANSWER TO PLAINTIFF’S SECOND
AMENDED COMPLAINT
NO. C21-1263-JCC-MLP

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ATTORNEY GENERAL OF
WASHINGTON
Torts Division
7141 Cleanwater Drive SW
PO Box 40126
Olympia, WA 98504-0126
[phone]