Bourgault et al v. City of Lacey et al

Filing 52

ORDER granting Parties' 51 Joint Stipulated MOTION for of Dismissal of Plaintiffs Jason Torgerson, Nicholas Barry, David Miller, Edgar Wells, and Larry Fife. The claims of Plaintiffs Jason Torgerson, Nicholas Barry, David Miller, Edgar Wells, and Larry Fife are dismissed without prejudice and without costs or fees to any person. Signed by U.S. District Judge David G Estudillo.(MW)

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The Honorable David G. Estudillo

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JASON TORGERSON, ERIN BOURGAULT,
BRIAN LINDGREN, NICHOLAS BARRY,
DAVID MILLER, EDGAR WELLS, and
LARRY FIFE,
Plaintiffs,
v.
LAURA WATSON in her official capacity as
the Director of the WASHINGTON STATE
DEPARTMENT OF ECOLOGY, and TARA
C. SMITH in her official capacity as the
Director of the WASHINGTON STATE
DEPARTMENT OF ENTERPRISE
SERVICES, and MIKE FONG in his capacity
as the Director of the WASHINGTON STATE
DEPARTMENT OF COMMERCE,

Case No. 3:24-cv-05110-DGE
JOINT MOTION AND ORDER OF
DISMISSAL OF PLAINTIFFS
JASON TORGERSON, NICHOLAS
BARRY, DAVID MILLER, EDGAR
WELLS, and LARRY FIFE
Noted for: May 28, 2024
No Oral Argument

Defendants.

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I. MOTION

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1.

The parties to this action have jointly moved pursuant to FRCP 41 to the issuance of this

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Order, in complete settlement of Plaintiffs Jason Torgerson’s, Nicholas Barry’s, David Miller’s,

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Edgar Wells’, and Larry Fife’s claims in this action.

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STIPULATION AND ORDER

3:24-cv-05110-DGE

Northwest Justice Project
711 Capitol Way S. #704
Olympia, Wash. 98501
Tel. [phone] Fax [phone]

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II. STIPULATION

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1. This Action concerns Plaintiffs’ lawsuit against Defendants Washington Department of

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Enterprise Services, Washington Department of Commerce, and Washington Department of

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Ecology. Plaintiffs Jason Torgerson, Nicholas Barry, David Miller, Edgar Wells, and Larry Fife

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have fully settled and resolved the dispute with all Defendants before the Court. This Proposed

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Order resolves all disputed claims between these five Plaintiffs and all Defendants in the Action.

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2. The Parties agree to dismissal of all claims of Plaintiffs Jason Torgerson, Nicholas Barry,

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David Miller, Edgar Wells, and Larry Fife without prejudice and without costs or fees to any

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person.

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Agreed to this 28th day of May, 2024.

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By:

NORTHWEST JUSTICE PROJECT

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/s/Carrie Graf
Carrie Graf, WSBA #51999
[e-mail]
Scott Crain, WSBA#37224
[e-mail]
711 Capitol Way S. #704
Olympia, WA 98501
Attorneys for Plaintiffs

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ROBERT W. FERGUSON
Attorney General

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/s/Jack Bucknell
JACK E. BUCKNELL, WSBA # 30363
SANDRA ADIX, WSBA # 22536
Assistant Attorneys General
Attorneys for Defendant Washington State

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STIPULATION AND ORDER

3:24-cv-05110-DGE

Northwest Justice Project
711 Capitol Way S. #704
Olympia, Wash. 98501
Tel. [phone] Fax [phone]

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Department of Commerce

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/s/David Merchant
DAVID B. MERCHANT, WSBA # 21978
Assistant Attorney General
Attorney for Defendant Washington State
Department of Enterprise Services

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/s/Julian Beattie_____________________
JULIAN H. BEATTIE, WSBA # 45586
Assistant Attorneys General
Attorneys for Defendant Washington State
Department of Ecology

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III. ORDER

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Having reviewed the above stipulation, it is ORDERED:

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1. The claims of Plaintiffs Jason Torgerson, Nicholas Barry, David Miller, Edgar Wells, and

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Larry Fife are dismissed without prejudice and without costs or fees to any person

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DATED this 3rd day of June, 2024.

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A

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David G. Estudillo
United States District Judge

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STIPULATION AND ORDER

3:24-cv-05110-DGE

Northwest Justice Project
711 Capitol Way S. #704
Olympia, Wash. 98501
Tel. [phone] Fax [phone]

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Presented by:

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NORTHWEST JUSTICE PROJECT
/s/Carrie Graf
Carrie Graf, WSBA #51999
[e-mail]
Scott Crain, WSBA#37224
[e-mail]
711 Capitol Way S. #704
Olympia, WA 98501
Attorneys for Plaintiffs

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ROBERT W. FERGUSON
Attorney General

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/s/Jack Bucknell
JACK E. BUCKNELL, WSBA # 30363
SANDRA ADIX, WSBA # 22536
Assistant Attorneys General
Attorneys for Defendant Washington State
Department of Commerce

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/s/David Merchant
DAVID B. MERCHANT, WSBA # 21978
Assistant Attorney General
Attorney for Defendant Washington State
Department of Enterprise Services

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/s/Julian Beattie_____________________
JULIAN H. BEATTIE, WSBA # 45586
Assistant Attorneys General
Attorneys for Defendant Washington State
Department of Ecology

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STIPULATION AND ORDER

3:24-cv-05110-DGE

Northwest Justice Project
711 Capitol Way S. #704
Olympia, Wash. 98501
Tel. [phone] Fax [phone]