Family Pac v. Reed et al

Filing 55

STIPULATION AND AGREED ORDER Dismissing Sam Reed and Carolyn Weikel without prejudice and without costsby Judge Ronald B. Leighton. (JAB)

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STIPULATION AND AGREED ORDER OF DISMISSAL Page - 1 Snohomish County Prosecuting Attorney ­ Civil Division Robert J. Drewel Bldg., 7th Floor, M/S 504 3000 Rockefeller Ave Everett, Washington 98201-4060 [phone] Fax: [phone]

The Honorable RONALD B. LEIGHTON UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA FAMILY PAC, Plaintiff, vs. SAM REED, in his official capacity as Secretary of State of Washington, ROB MCKENNA, in his official capacity as Attorney General of Washington, JIM CLEMENTS, DAVID SEABROOK, JANE NOLAND, and KEN SCHELLBERG, members of the Public Disclosure Commission, in their official capacities, and CAROLYN WEIKEL, in her official capacity as Auditor of Snohomish County Washington, Defendants. STIPULATION The parties to this matter, Plaintiff Family PAC, State Defendants Sam Reed, Rob McKenna, Jim Clements, David Seabrook, Jane Noland, and Ken Schellberg, and County Defendant Carolyn Weikel, by and through their counsel of record, agree and stipulate as follows: STIPULATION AND AGREED ORDER OF DISMISSAL No. C09-5662 RBL

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1.

State Defendant Reed and County Defendant Weikel rely on the other

State Defendants to defend the state laws at issue in this action in all respects. 2. State Defendant Reed and County Defendant Weikel agree to be bound

by this Court's rulings in this case for any law over which they have legal responsibility or authority. 3. Based upon this stipulation, State Defendant Reed and County

Defendant Weikel are no longer necessary to this action and should be dismissed without prejudice and without costs. 4. This Court has the authority and discretion to grant this stipulated order

pursuant to, inter alia, Fed. R. Civ. P. 16. ORDER THIS MATTER having come on regularly before the undersigned Judge of the above-entitled Court, the parties having reached an agreement and stipulation as to the matters set forth above, and the Court being fully apprised of the premises and accepting the parties' Stipulation, NOW, THEREFORE, IT IS HEREBY ORDERED that State Defendant Reed and County Defendant Weikel are dismissed from this action without prejudice and without costs. IT IS FURTHER ORDERED that State Defendant Reed and County Defendant Weikel are bound by any of this Court's rulings with respect to the matters at issue as they apply to any law over which they have legal responsibility or authority. THE CLERK shall adjust the CM/ECF Docket Sheet accordingly, and give notice of this Order to all counsel of record.
STIPULATION AND AGREED ORDER OF DISMISSAL Page - 2 Snohomish County Prosecuting Attorney ­ Civil Division Robert J. Drewel Bldg., 7th Floor, M/S 504 3000 Rockefeller Ave Everett, Washington 98201-4060 [phone] Fax: [phone]

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IT IS SO ORDERED this 24th day of November, 2009.

A
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE
Approved: PLAINTIFF FAMILY PAC:

By: s/ Scott F. Beiniek ________ Scott F. Beiniek, Ill. Bar # 6295901 Attorney for Plaintiff DEFENDANT STATE OF WASHINGTON OFFICIALS: By s/ Linda A. Dalton_________ Linda A. Dalton, WSBA #15467 Senior Assistant Attorney General Attorney for State Defendants DEFENDANT CAROLYN WEIKEL, SNOHOMISH COUNTY AUDITOR: By:_ s/ Gordon W. Sivley_________ Gordon W. Sivley, WSBA # 8837 Deputy Prosecuting Attorney Attorney for Defendant Carolyn Weikel Snohomish County Auditor

STIPULATION AND AGREED ORDER OF DISMISSAL Page - 3

Snohomish County Prosecuting Attorney ­ Civil Division Robert J. Drewel Bldg., 7th Floor, M/S 504 3000 Rockefeller Ave Everett, Washington 98201-4060 [phone] Fax: [phone]

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STIPULATION AND AGREED ORDER OF DISMISSAL Page - 4

CERTIFICATE OF SERVICE I hereby certify that on November 23, 2009, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to participating Counsel. \s Gordon W. Sivley__________________ Gordon W. Sivley, WSBA #8837 Deputy Prosecuting Attorney Attorney for Defendant Carolyn Weikel Email: [e-mail]

Snohomish County Prosecuting Attorney ­ Civil Division Robert J. Drewel Bldg., 7th Floor, M/S 504 3000 Rockefeller Ave Everett, Washington 98201-4060 [phone] Fax: [phone]