Civil Rights Litigation Clearinghouse

Case: Wilbur v. City of Mount Vernon

2:11-cv-01100 | U.S. District Court for the Western District of Washington

Filed Date: June 10, 2011

Closed Date: Jan. 30, 2018

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Case Summary

On June 10, 2011, three indigent persons charged with crimes filed this class action, under 42 U.S.C. § 1983 and state law, in Skagit County Superior Court, against the City of Mount Vernon and the City of Burlington. The plaintiffs, represented by private counsel and the ACLU, asked the court to enjoin the cities from violating the Sixth and Fourteenth Amendments of the U.S. Constitution, claiming that the cities failed to provide adequate assistance of counsel. Specifically, the plaintiffs claimed that the cities had failed to impose reasonable caseload limits on public defenders, failed to monitor and oversee the public defense system, failed to provide adequate funds for public defense, and failed to provide representation at all critical stages of prosecution.

The Cities had jointly contracted with two attorneys to handle all public defense assistance cases, and each attorney handled over 1,000 cases per year even though such a caseload was three times the maximum allowable amount for a full-time public defender pursuant to standards established by the Washington State Bar Association. The cities had not established any system for ensuring that the attorneys investigate cases, prepare for trial, or communicate timely and adequately with clients.

On July 5, 2011, the defendant municipalities removed the case to federal court, where it was assigned to Judge Robert S. Lasnik of the U.S. District Court for the Western District of Washington. In response to motions from both the plaintiff and the defendants, on February 23, 2012, Judge Lasnik denied the plaintiff's motion for a preliminary injunction because the balance of hardships did not tip in their favor, and the defendant's motion for summary judgment because the plaintiffs provided evidence from which a reasonable jury could conclude that the defendants knew indigent criminal defendants were not receiving adequate representation and were indifferent to this inadequacy.

The same day, Judge Lasnik granted the plaintiff's motion for class certification. The class certified was "all indigent persons who have been or will be charged with one or more crimes in the municipal courts of either Mount Vernon or Burlington, who have been or will be appointed a public defender, and who continue to have or will have a public defender appearing in their cases."

Between June 3 and June 18, 2012, the parties went to a bench trial. However, on June 28 the judge issued an order for further briefing. Specifically, Judge Lasnik sought information on the following questions

Have any federal courts taken over supervision of a public defense agency, either directly or through appointment of a supervisor/monitor, anywhere in the United States?
Have any state or federal courts held a municipality liable under Monell for constitutional defects in its public defense system?
Has any state or municipality adopted “hard” caseload standards like those that Washington is contemplating?
Is the issue of the constitutionality of the representation afforded by Messrs. Sybrandy and Witt moot? If so, what impact does that have on the available remedy, including an award of attorney fees? The responses were due for August 14th and submitted that day.

On December 4, 2013, Judge Lasnik found that the plaintiffs established a systematic deprivation of their right to counsel and the Cities' responsibility for the deprivation. The Court granted injunctive relief (1) requiring that the cities re-evaluate their contract for the provision of public defense services to insure that indigent criminal defendants were provided the actual assistance of counsel; and (2) requiring the cities to hire one part-time public defense supervisor to supervise and evaluate the provision of legal services. The Court also granted attorney's fees. 989 F.Supp.2d 1122 (2013).

On April 15, 2014, the Court issued an order awarding attorneys' fees and costs. 2014 WL 11961980. Shortly after, on April 22, 2014, the Court issued an order appointing Eileen Farley as a public defense supervisor. The agreement was to last until March 30th, 2017. During that time she sent several reports detailing the improvements the defendants had made to their public defense system.

In March 2017, the public defense supervisor proposed that the court extend her term and transition to a public defense auditor during the year. The Cities of Mount Vernon and Burlington responded in agreement, stating they had made the public defense supervisor's suggestions permanent and no longer needed to be supervised. In April, the court granted this extension in of supervision until July 2017, when the auditor took her place.

The case is now closed.

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Summary Authors

Lori Arakaki (9/24/2014)

Katie Chan (11/1/2017)

Elizabeth Johnson (4/10/2019)

Chandler Hart-McGonigle (2/20/2020)

Jack Hibbard (6/25/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4410899/parties/wilbur-v-city-of-mount-vernon/

Judge(s)

Lasnik, Robert S. (Washington)

Attorneys(s) for Plaintiff

Dunne, Sarah A. (Washington)

Fisher, J. Camille (Washington)

Marshall, Toby James (Washington)

Murray, Jennifer Rust (Washington)

Scott, Darrell (Washington)

Talner, Nancy Lynn (Washington)

Terrell, Beth E (Washington)

Williams, James F (Washington)

Zuchetto, Matthew J (Washington)

Judge(s)

Lasnik, Robert S. (Washington)

Attorneys(s) for Plaintiff

Dunne, Sarah A. (Washington)

Fisher, J. Camille (Washington)

Marshall, Toby James (Washington)

Murray, Jennifer Rust (Washington)

Scott, Darrell (Washington)

Talner, Nancy Lynn (Washington)

Terrell, Beth E (Washington)

Williams, James F (Washington)

Zuchetto, Matthew J (Washington)

Attorneys(s) for Defendant

Augenthaler, Brian Christopher (Washington)

Cooley, Andrew G. (Washington)

Culumber, Jeremy W (Washington)

Rogerson, Kevin Lee (Washington)

Rosenberg, Adam (Washington)

Thomas, Scott Glen (Washington)

Other Attorney(s)

Austin, Roy L. (District of Columbia)

Farley, Eileen (Washington)

Gayle, Winsome (District of Columbia)

Gipe, Anthony David (Washington)

Heid, Daniel B. (Washington)

Killebrew, Paul (District of Columbia)

Kupers, Lawrence B. (District of Columbia)

Leff, Deborah (District of Columbia)

Murphy, John W. (Washington)

Preston, Judith (Judy) C. (District of Columbia)

Rancourt, Jennifer (Washington)

Samuels, Jocelyn (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Sybrandy, Richard M. (Washington)

Expert/Monitor/Master

Roos, Breena M. (Washington)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:11-cv-01100	Docket [PACER]	Sept. 7, 2017	Sept. 7, 2017 Docket
1-1 2:11-cv-01100	Complaint [PACER]	June 10, 2011	June 10, 2011 Complaint
80 2:11-cv-01100	Amended Complaint	Nov. 10, 2011	Nov. 10, 2011 Complaint
143 2:11-cv-01100	Order Certifying Class 298 F.R.D. 665	Feb. 23, 2012	Feb. 23, 2012 Order/Opinion
142 2:11-cv-01100	Order Denying Defendants' Motions for Summary Judgment and Plaintiff's Motion for Preliminary Injunction 2012 WL 600727	Feb. 23, 2012	Feb. 23, 2012 Order/Opinion
271 2:11-cv-01100	Order Denying Motions for Summary Judgment 2013 WL 1774624	April 25, 2013	April 25, 2013 Order/Opinion
322 2:11-cv-01100	Statement of Interest of the United States	Aug. 14, 2013	Aug. 14, 2013 Pleading / Motion / Brief
325 2:11-cv-01100	Memorandum of Decision 989 F.Supp.2d 1122	Dec. 4, 2013	Dec. 4, 2013 Order/Opinion
354 2:11-cv-01100	Order Awarding Fees and Costs 2014 WL 11961980	April 15, 2014	April 15, 2014 Order/Opinion
354 2:11-cv-01100	Order Awarding Fees and Costs 2014 WL 11961980	April 15, 2014	April 15, 2014 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Securing Reasonable Caseloads: Ethics and Law in Public Defense Norman Lefstein	Chapter 1: The Failure to Implement the Right to Counsel Due to Excessive Caseloads A. The Constitutional Right to Counsel: Brief Overview B. Excessive Workloads: A Pervasive National P…	Jan. 1, 2011	Jan. 1, 2011 http://www.americanbar.org/...
Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel. National Right to Counsel Committee	[Edited, from the website:] [Notwithstanding the nominal right of indigent defendants to publicly provided counsel,] Today, in criminal and juvenile proceedings in state courts, somet…	April 14, 2009	April 14, 2009 http://www.constitutionproject.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4410899/wilbur-v-city-of-mount-vernon/

Last updated Aug. 5, 2022, 3:10 a.m.

ECF Number	Description	Date	Link Date / Link
1	NOTICE OF REMOVAL from Skagit County Superior Court, case number 11-2-01156-1; (Receipt # 0981-2482369), filed by City of Mount Vernon, City of Burlington. (Attachments: # 1 Exhibit Skagit County Superior Court Complaint, # 2 Civil Cover Sheet)(Cooley, Andrew) (Entered: 07/05/2011) 1 Exhibit Skagit County Superior Court Complaint View on Clearinghouse 2 Civil Cover Sheet View on PACER	July 5, 2011	July 5, 2011 PACER
2	CERTIFICATE OF SERVICE by Defendants City of Burlington, City of Mount Vernon re 1 Notice of Removal,. (Cooley, Andrew) (Entered: 07/05/2011)	July 5, 2011	July 5, 2011 PACER
	Judge Robert S. Lasnik added. (PM)	July 6, 2011	July 6, 2011 PACER
3	LETTER from Clerk to counsel re receipt of case from Skagit County Superior Court and advising of WAWD case number and judge assignment. (PM) (Entered: 07/06/2011)	July 6, 2011	July 6, 2011 PACER
4	VERIFICATION OF STATE COURT RECORDS re 1 Notice of Removal, by Defendants City of Burlington, City of Mount Vernon. (Rosenberg, Adam) (Entered: 07/06/2011)	July 6, 2011	July 6, 2011 PACER
5	NOTICE of Unavailability of counsel Andrew G Cooley for Defendants City of Burlington, City of Mount Vernon (Cooley, Andrew) (Entered: 07/13/2011)	July 13, 2011	July 13, 2011 PACER
6	ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT - CLASS ACTION Joint Status Report due by 8/25/2011, by Judge Robert S. Lasnik. (KERR) (Entered: 07/14/2011)	July 14, 2011	July 14, 2011 RECAP
7	ANSWER to Complaint with JURY DEMAND by City of Burlington, City of Mount Vernon.(Cooley, Andrew) (Entered: 07/20/2011)	July 20, 2011	July 20, 2011 PACER
8	NOTICE of Unavailability of counsel Scott Glen Thomas for Defendant City of Burlington from 8/12/2011 to 8/22/2011 and from 12/26/2011 to 01/032012. (Thomas, Scott) (Entered: 07/28/2011)	July 28, 2011	July 28, 2011 PACER
9	NOTICE of Appearance by attorney J. Camille Fisher on behalf of Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur. (Fisher, J.) (Entered: 08/10/2011)	Aug. 10, 2011	Aug. 10, 2011 PACER
10	JOINT STATUS REPORT signed by all parties estimated Trial Days: 10-15.. (Marshall, Toby) (Entered: 08/25/2011)	Aug. 25, 2011	Aug. 25, 2011 PACER
11	RESPONSE by Interested Party Morgan M. Witt Morgan M. Witt's Objections to Suboena Duces tecum. (Murphy, John) (Entered: 08/25/2011)	Aug. 25, 2011	Aug. 25, 2011 PACER
12	CERTIFICATE OF SERVICE by Interested Party Morgan M. Witt Certificate of Service of Morgan M. Witt's Ojbections to Subpoena Duces Tecum. (Murphy, John) (Entered: 08/25/2011)	Aug. 25, 2011	Aug. 25, 2011 PACER
13	MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 8-15 days. Bench Trial is set for 10/1/2012 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. Joinder of Parties due by 9/23/2011, Motion for Class Certification due by 12/16/2011, Amended Pleadings due by 4/4/2012, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/4/2012, Discovery completed by 6/3/2012, Dispositive motions due by 7/3/2012, Settlement conference to be held by 8/22/2012, 39.1 mediation to be completed by 9/1/2012, Motions in Limine due by 9/3/2012, Pretrial Order due by 9/19/2012, Trial briefs to be submitted by 9/26/2012 (KERR) (Entered: 08/26/2011)	Aug. 26, 2011	Aug. 26, 2011 PACER
14	MOTION for Leave to Amend Complaint by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur. (Attachments: # 1 Proposed Order) Noting Date 9/30/2011, (Marshall, Toby) (Entered: 09/15/2011) 1 Proposed Order View on PACER	Sept. 15, 2011	Sept. 15, 2011 PACER
15	DECLARATION of Toby J. Marshall filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 14 MOTION for Leave to Amend Complaint (Marshall, Toby) (Entered: 09/15/2011)	Sept. 15, 2011	Sept. 15, 2011 PACER
16	MOTION for Leave to File Overlength Summary Judgment Briefs by Defendants City of Burlington, City of Mount Vernon. (Attachments: # 1 Proposed Order) Noting Date 9/20/2011, (Cooley, Andrew) (Entered: 09/20/2011) 1 Proposed Order View on PACER	Sept. 20, 2011	Sept. 20, 2011 PACER
17	ORDER regarding dfts' 16 Motion for overlength summary judgment briefs by Judge Robert S. Lasnik.(RS) (Entered: 09/22/2011)	Sept. 21, 2011	Sept. 21, 2011 PACER
18	ORDER TO SHOW CAUSE directing pltfs to show cause within 5 days by Judge Robert S. Lasnik. (RS) (Entered: 09/22/2011)	Sept. 21, 2011	Sept. 21, 2011 PACER
19	RESPONSE by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 18 Order to Show Cause. (Marshall, Toby) (Entered: 09/23/2011)	Sept. 23, 2011	Sept. 23, 2011 PACER
20	ORDER vacating order to show cause by Judge Robert S. Lasnik. (RS) (Entered: 09/23/2011)	Sept. 23, 2011	Sept. 23, 2011 PACER
21	RESPONSE, by Defendants City of Burlington, City of Mount Vernon, to 14 MOTION for Leave to Amend Complaint. (Rosenberg, Adam) (Entered: 09/26/2011)	Sept. 26, 2011	Sept. 26, 2011 PACER
22	DECLARATION of Adam L. Rosenberg filed by Defendants City of Burlington, City of Mount Vernon re 14 MOTION for Leave to Amend Complaint (Rosenberg, Adam) (Entered: 09/26/2011)	Sept. 26, 2011	Sept. 26, 2011 PACER
23	MOTION for Leave to File Excess Pages by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur. Noting Date 9/26/2011, (Terrell, Beth) (Entered: 09/26/2011)	Sept. 26, 2011	Sept. 26, 2011 PACER
24	ORDER granting pltfs' 23 Motion for Leave to File Excess Pages by Judge Robert S. Lasnik.(RS) (Entered: 09/27/2011)	Sept. 27, 2011	Sept. 27, 2011 PACER
25	MOTION for Summary Judgment by Defendants City of Burlington, City of Mount Vernon. (Attachments: # 1 Proposed Order Granting Defendants Motion for Summary Judgment re Joseph Wilbur) Noting Date 10/21/2011, (Cooley, Andrew) (Entered: 09/29/2011) 1 Proposed Order Granting Defendants Motion for Summary Judgment re Joseph Wilbur View on PACER	Sept. 29, 2011	Sept. 29, 2011 PACER
26	DECLARATION of Andrew G. Cooley in Support of Defendants' Motion for Summary Judgment re Joseph Wilbur filed by Defendants City of Burlington, City of Mount Vernon re 25 MOTION for Summary Judgment (Cooley, Andrew) (Entered: 09/29/2011)	Sept. 29, 2011	Sept. 29, 2011 PACER
27	MOTION for Summary Judgment by Defendants City of Burlington, City of Mount Vernon. (Attachments: # 1 Proposed Order Granting Defendants' Motion for Summary Judgment re Jeremiah Ray Moon) Noting Date 10/21/2011, (Cooley, Andrew) (Entered: 09/29/2011) 1 Proposed Order Granting Defendants' Motion for Summary Judgment re Jeremiah View on PACER	Sept. 29, 2011	Sept. 29, 2011 PACER
28	DECLARATION of Andrew G. Cooley in Support of Defendants' Motion for Summary Judgment re Moon, Part 1 of 4 filed by Defendants City of Burlington, City of Mount Vernon re 27 MOTION for Summary Judgment (Cooley, Andrew) (Entered: 09/29/2011)	Sept. 29, 2011	Sept. 29, 2011 PACER
29	DECLARATION of Andrew G. Cooley in Support of Defendants' Motion for Summary Judgment re Moon, Part 2 of 4 filed by Defendants City of Burlington, City of Mount Vernon re 27 MOTION for Summary Judgment (Cooley, Andrew) (Entered: 09/29/2011)	Sept. 29, 2011	Sept. 29, 2011 PACER
30	DECLARATION of Andrew G. Cooley in Support of Motion for Summary Judgment re Moon, Part 3 of 4 filed by Defendants City of Burlington, City of Mount Vernon re 27 MOTION for Summary Judgment (Cooley, Andrew) (Entered: 09/29/2011)	Sept. 29, 2011	Sept. 29, 2011 PACER
31	DECLARATION of Andrew G. Cooley in Support of Motion for Summary Judgment re Moon, Part 4 of 4 filed by Defendants City of Burlington, City of Mount Vernon re 27 MOTION for Summary Judgment (Cooley, Andrew) (Entered: 09/29/2011)	Sept. 29, 2011	Sept. 29, 2011 PACER
32	MOTION for Summary Judgment by Defendants City of Burlington, City of Mount Vernon. (Attachments: # 1 Proposed Order Granting Defendants' Motion for Summary Judgment re Montague) Noting Date 10/21/2011, (Cooley, Andrew) (Entered: 09/29/2011) 1 Proposed Order Granting Defendants' Motion for Summary Judgment re Montague View on PACER	Sept. 29, 2011	Sept. 29, 2011 PACER
33	DECLARATION of Andrew G. Cooley in Support of Defendants' Motion for Summary Judgment re Montague, Part 1 of 2 filed by Defendants City of Burlington, City of Mount Vernon re 32 MOTION for Summary Judgment (Cooley, Andrew) (Entered: 09/29/2011)	Sept. 29, 2011	Sept. 29, 2011 PACER
34	DECLARATION of Andrew G. Cooley in Support of Defendants' Motion for Summary Judgment re Montague, Part 2 of 2 filed by Defendants City of Burlington, City of Mount Vernon re 32 MOTION for Summary Judgment (Cooley, Andrew) (Entered: 09/29/2011)	Sept. 29, 2011	Sept. 29, 2011 PACER
35	REPLY, filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur, TO RESPONSE to 14 MOTION for Leave to Amend Complaint (Marshall, Toby) (Entered: 09/30/2011)	Sept. 30, 2011	Sept. 30, 2011 PACER
36	MOTION for Protective Order on Unilateral Noting of the Depositions of Joseph Wilbur, Jeremiah Moon, and Angela Montague by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur. (Attachments: # 1 Proposed Order) Noting Date 10/21/2011, (Fisher, J.) (Entered: 10/06/2011) 1 Proposed Order View on PACER	Oct. 6, 2011	Oct. 6, 2011 PACER
37	DECLARATION of J. Camille Fisher filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 36 MOTION for Protective Order on Unilateral Noting of the Depositions of Joseph Wilbur, Jeremiah Moon, and Angela Montague (Fisher, J.) (Entered: 10/06/2011)	Oct. 6, 2011	Oct. 6, 2011 PACER
38	DECLARATION of Jennifer Boschen filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 36 MOTION for Protective Order on Unilateral Noting of the Depositions of Joseph Wilbur, Jeremiah Moon, and Angela Montague (Fisher, J.) (Entered: 10/06/2011)	Oct. 6, 2011	Oct. 6, 2011 PACER
39	MOTION to Stay Preliminary Injunction Hearing by Defendants City of Burlington, City of Mount Vernon. (Attachments: # 1 Proposed Order Staying Hearing on Plaintiffs' Motion for a Preliminary Injunction) Noting Date 10/14/2011, (Rosenberg, Adam) (Entered: 10/06/2011) 1 Proposed Order Staying Hearing on Plaintiffs' Motion for a Preliminary Inju View on PACER	Oct. 6, 2011	Oct. 6, 2011 PACER
40	DECLARATION of Adam L. Rosenberg filed by Defendants City of Burlington, City of Mount Vernon re 39 MOTION to Stay Preliminary Injunction Hearing (Rosenberg, Adam) (Entered: 10/06/2011)	Oct. 6, 2011	Oct. 6, 2011 PACER
41	RESPONSE, by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur, to 39 MOTION to Stay Preliminary Injunction Hearing. (Fisher, J.) (Entered: 10/12/2011)	Oct. 12, 2011	Oct. 12, 2011 PACER
42	DECLARATION of J. Camille Fisher in Opposition to Defendants Motion to Stay Preliminary Injunction Hearing or Expedite Discovery filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 39 MOTION to Stay Preliminary Injunction Hearing (Fisher, J.) (Entered: 10/12/2011)	Oct. 12, 2011	Oct. 12, 2011 PACER
43	ORDER RE-NOTING dfts' 39 MOTION to Stay Preliminary Injunction Hearing ; Noting Date 10/21/2011, by Judge Robert S. Lasnik. (RS) (Entered: 10/13/2011)	Oct. 13, 2011	Oct. 13, 2011 PACER
44	ORDER granting in part and denying in part pltfs' 14 Motion to amend complaint by Judge Robert S. Lasnik.(RS) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
45	MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 12/2/2011, (Williams, James) (Entered: 10/17/2011) 1 Proposed Order View on PACER	Oct. 17, 2011	Oct. 17, 2011 RECAP
46	DECLARATION of Joseph Jerome Wilbur filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ (Williams, James) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
47	DECLARATION of Jeremiah Moon filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ (Williams, James) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
48	DECLARATION of Angela Montague filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ (Williams, James) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
49	DECLARATION of Tina Johnson filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ (Williams, James) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
50	DECLARATION of Bonifacio Sanchez filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ (Williams, James) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
51	DECLARATION of Jaretta Osborne filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ (Williams, James) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
52	DECLARATION of Roy Howson filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ (Williams, James) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
53	DECLARATION of David Boerner filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ (Williams, James) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
54	DECLARATION of John Strait filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ (Williams, James) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
55	DECLARATION of Christine Jackson filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ (Williams, James) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
56	(DUPLICATE OF DOCUMENT 54) DECLARATION of John Strait filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 27 MOTION for Summary Judgment, 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ, 32 MOTION for Summary Judgment, 25 MOTION for Summary Judgment (Dunne, Sarah) Modified on 10/18/2011 (RS). (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
57	DECLARATION of Toby Marshall filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ (Attachments: # 1 Exhibit 1-5 pp 10-55, # 2 Exhibit 6-8 pp 56-63, # 3 Exhibit 9-11 pp 64-78, # 4 Exhibit 12 pp 79-192, # 5 Exhibit 12 pp 193-267, # 6 Exhibit 12 pp 268-320, # 7 Exhibit 13-16 pp 321-278, # 8 Exhibit 17 pp 379-501, # 9 Exhibit 18 pp 502-531, # 10 Exhibit 19-22 pp 532-552, # 11 Exhibit 23-28 pp 553-609, # 12 Exhibit 29 pp 610-685, # 13 Exhibit 30-36 pp 686-748, # 14 Exhibit 37 pp 749-779, # 15 Exhibit 38 pp 780-787, # 16 Exhibit 39-44 pp 788-821)(Williams, James) (Entered: 10/17/2011) 1 Exhibit 1-5 pp 10-55 View on PACER 2 Exhibit 6-8 pp 56-63 View on PACER 3 Exhibit 9-11 pp 64-78 View on PACER 4 Exhibit 12 pp 79-192 View on PACER 5 Exhibit 12 pp 193-267 View on PACER 6 Exhibit 12 pp 268-320 View on PACER 7 Exhibit 13-16 pp 321-278 View on PACER 8 Exhibit 17 pp 379-501 View on PACER 9 Exhibit 18 pp 502-531 View on PACER 10 Exhibit 19-22 pp 532-552 View on PACER 11 Exhibit 23-28 pp 553-609 View on PACER 12 Exhibit 29 pp 610-685 View on PACER 13 Exhibit 30-36 pp 686-748 View on PACER 14 Exhibit 37 pp 749-779 View on PACER 15 Exhibit 38 pp 780-787 View on PACER 16 Exhibit 39-44 pp 788-821 View on PACER	Oct. 17, 2011	Oct. 17, 2011 PACER
58	RESPONSE, by Defendants City of Burlington, City of Mount Vernon, to 36 MOTION for Protective Order on Unilateral Noting of the Depositions of Joseph Wilbur, Jeremiah Moon, and Angela Montague. (Rosenberg, Adam) (Entered: 10/19/2011)	Oct. 19, 2011	Oct. 19, 2011 PACER
59	DECLARATION of Adam L. Rosenberg filed by Defendants City of Burlington, City of Mount Vernon re 36 MOTION for Protective Order on Unilateral Noting of the Depositions of Joseph Wilbur, Jeremiah Moon, and Angela Montague (Rosenberg, Adam) (Entered: 10/19/2011)	Oct. 19, 2011	Oct. 19, 2011 PACER
60	DECLARATION of Eric Stendal filed by Defendants City of Burlington, City of Mount Vernon re 27 MOTION for Summary Judgment, 32 MOTION for Summary Judgment, 25 MOTION for Summary Judgment (Cooley, Andrew) (Entered: 10/20/2011)	Oct. 20, 2011	Oct. 20, 2011 PACER
61	RESPONSE, by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur, to 36 MOTION for Protective Order on Unilateral Noting of the Depositions of Joseph Wilbur, Jeremiah Moon, and Angela Montague. (Attachments: # 1 Proposed Order)(Fisher, J.) (Entered: 10/21/2011) 1 Proposed Order View on PACER	Oct. 21, 2011	Oct. 21, 2011 PACER
62	DECLARATION of J. CAMILLE FISHER filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 36 MOTION for Protective Order on Unilateral Noting of the Depositions of Joseph Wilbur, Jeremiah Moon, and Angela Montague (Fisher, J.) (Entered: 10/21/2011)	Oct. 21, 2011	Oct. 21, 2011 PACER
63	DECLARATION of ANGELA MONTAGUE filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 36 MOTION for Protective Order on Unilateral Noting of the Depositions of Joseph Wilbur, Jeremiah Moon, and Angela Montague (Fisher, J.) (Entered: 10/21/2011)	Oct. 21, 2011	Oct. 21, 2011 PACER
64	WITHDRAWAL of Motion re 39 MOTION to Stay Preliminary Injunction Hearing ; by Defendants City of Burlington, City of Mount Vernon. (Rosenberg, Adam) (Entered: 10/21/2011)	Oct. 21, 2011	Oct. 21, 2011 PACER
65	REPLY, filed by Defendants City of Burlington, City of Mount Vernon, TO RESPONSE to 27 MOTION for Summary Judgment, 32 MOTION for Summary Judgment, 25 MOTION for Summary Judgment (Cooley, Andrew) (Entered: 10/21/2011)	Oct. 21, 2011	Oct. 21, 2011 PACER
66	DECLARATION of Andrew G. Cooley filed by Defendants City of Burlington, City of Mount Vernon re 27 MOTION for Summary Judgment, 32 MOTION for Summary Judgment, 25 MOTION for Summary Judgment (Cooley, Andrew) (Entered: 10/21/2011)	Oct. 21, 2011	Oct. 21, 2011 PACER
67	DECLARATION of Patrick A. Eason filed by Defendants City of Burlington, City of Mount Vernon re 27 MOTION for Summary Judgment, 32 MOTION for Summary Judgment, 25 MOTION for Summary Judgment (Cooley, Andrew) (Entered: 10/21/2011)	Oct. 21, 2011	Oct. 21, 2011 PACER
68	DECLARATION of Craig Cammock filed by Defendants City of Burlington, City of Mount Vernon re 27 MOTION for Summary Judgment, 32 MOTION for Summary Judgment, 25 MOTION for Summary Judgment (Cooley, Andrew) (Entered: 10/21/2011)	Oct. 21, 2011	Oct. 21, 2011 PACER
69	WITHDRAWAL of Motion re 36 MOTION for Protective Order on Unilateral Noting of the Depositions of Joseph Wilbur, Jeremiah Moon, and Angela Montague ; by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur.. (Dunne, Sarah) (Entered: 10/21/2011)	Oct. 21, 2011	Oct. 21, 2011 PACER
70	NOTICE of Intent to File Sureply Addressing Motion to Strike ; filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur. (Marshall, Toby) (Entered: 10/25/2011)	Oct. 25, 2011	Oct. 25, 2011 PACER
71	SURREPLY filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 27 MOTION for Summary Judgment, 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ, 32 MOTION for Summary Judgment, 25 MOTION for Summary Judgment Regarding Defendants' Motion to Strike (Marshall, Toby) (Entered: 10/26/2011)	Oct. 26, 2011	Oct. 26, 2011 PACER
72	DECLARATION of Toby J. Marshall filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 27 MOTION for Summary Judgment, 45 MOTION for Preliminary Injunction AND OPPOSITION TO DEFS MOTIONS FOR SJ, 32 MOTION for Summary Judgment, 25 MOTION for Summary Judgment (Marshall, Toby) (Entered: 10/26/2011)	Oct. 26, 2011	Oct. 26, 2011 PACER
73	MOTION for Leave to File Amicus WSAMA Brief in Support of Defendants by Amicus Daniel B Heid. Noting Date 12/2/2011, (Heid, Daniel) Text Modified on 10/31/2011 (RS). (Entered: 10/28/2011)	Oct. 28, 2011	Oct. 28, 2011 PACER
74	BRIEF re 73 MOTION for Leave to File WSAMA Brief in Support of Defendants by Amicus Daniel B Heid. (Heid, Daniel) (Entered: 10/28/2011)	Oct. 28, 2011	Oct. 28, 2011 PACER
75	CERTIFICATE OF SERVICE by Amicus Daniel B Heid re 73 MOTION for Leave to File WSAMA Brief in Support of Defendants, 74 Brief. (Heid, Daniel) (Entered: 10/28/2011)	Oct. 28, 2011	Oct. 28, 2011 PACER
76	ERRATA re 74 Brief by Amicus Daniel B Heid. (Heid, Daniel) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
77	CERTIFICATE OF SERVICE by Amicus Daniel B Heid re 76 Errata. (Heid, Daniel) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011 PACER
78	MOTION for Sanctions For Wilbur's Refusal to Appear at Properly Noted Deposition by Defendants City of Burlington, City of Mount Vernon. (Attachments: # 1 Proposed Order Granting Defendants' Motion for Sanctions) Noting Date 11/25/2011, (Cooley, Andrew) (Entered: 11/08/2011) 1 Proposed Order Granting Defendants' Motion for Sanctions View on PACER	Nov. 8, 2011	Nov. 8, 2011 PACER
79	DECLARATION of Andrew G. Cooley in Support of Defendants' Motion for Sanctions filed by Defendants City of Burlington, City of Mount Vernon re 78 MOTION for Sanctions For Wilbur's Refusal to Appear at Properly Noted Deposition (Cooley, Andrew) (Entered: 11/08/2011)	Nov. 8, 2011	Nov. 8, 2011 PACER
80	AMENDED COMPLAINT for Injunctive and Declaratory Relief against defendant(s) City of Burlington, City of Mount Vernon with JURY DEMAND, filed by Joseph Jerome Wilbur, Jeremiah Ray Moon, Angela Marie Montegue.(Marshall, Toby) (Entered: 11/10/2011)	Nov. 10, 2011	Nov. 10, 2011 Clearinghouse
81	PRAECIPE to Replace Page 1 of Amended Complaint for Injunctive and Declaratory Relief by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur. (Attachments: # 1 Amended Complaint for Injunctive and Declaratory Relief - Page 1)(Marshall, Toby) (Entered: 11/10/2011) 1 Amended Complaint for Injunctive and Declaratory Relief - Page 1 View on PACER	Nov. 10, 2011	Nov. 10, 2011 PACER
82	MOTION to Certify Class by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur. Noting Date 12/2/2011, (Marshall, Toby) (Entered: 11/10/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
83	DECLARATION of Toby J. Marshall filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 82 MOTION to Certify Class (Marshall, Toby) (Entered: 11/10/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
84	DECLARATION of Matthew J. Zuchetto filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 82 MOTION to Certify Class (Marshall, Toby) (Entered: 11/10/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
85	DECLARATION of James F. Williams filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 82 MOTION to Certify Class (Marshall, Toby) (Entered: 11/10/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
86	DECLARATION of Sarah A. Dunne filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 82 MOTION to Certify Class (Marshall, Toby) (Entered: 11/10/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
87	MOTION to Disqualify Counsel and Exclude Experts by Defendants City of Burlington, City of Mount Vernon. (Attachments: # 1 Proposed Order Disqualifying Counsel and Excluding Experts Boerner, Jackson and Strait) Noting Date 11/25/2011, (Cooley, Andrew) (Entered: 11/10/2011) 1 Proposed Order Disqualifying Counsel and Excluding Experts Boerner, Jackson and View on PACER	Nov. 10, 2011	Nov. 10, 2011 PACER
88	DECLARATION of Andrew G. Cooley filed by Defendants City of Burlington, City of Mount Vernon re 87 MOTION to Disqualify Counsel and Exclude Experts (Cooley, Andrew) (Entered: 11/10/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
89	DECLARATION of Philip A. Talmadge filed by Defendants City of Burlington, City of Mount Vernon re 87 MOTION to Disqualify Counsel and Exclude Experts (Cooley, Andrew) (Entered: 11/10/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
90	DECLARATION of Richard Sybrandy filed by Defendants City of Burlington, City of Mount Vernon re 87 MOTION to Disqualify Counsel and Exclude Experts (Cooley, Andrew) (Entered: 11/10/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
91	NOTICE of Appearance by attorney Jeremy W Culumber on behalf of Defendants City of Burlington, City of Mount Vernon. (Culumber, Jeremy) (Entered: 11/11/2011)	Nov. 11, 2011	Nov. 11, 2011 PACER
92	NOTICE of Appearance by attorney Breena Michelle Roos on behalf of Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur. (Roos, Breena) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011 PACER
93	RESPONSE, by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur, to 78 MOTION for Sanctions For Wilbur's Refusal to Appear at Properly Noted Deposition. (Attachments: # 1 Proposed Order)(Fisher, J.) (Entered: 11/21/2011) 1 Proposed Order View on PACER	Nov. 21, 2011	Nov. 21, 2011 PACER
94	DECLARATION of Toby Marshall in Support of Opposition filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 78 MOTION for Sanctions For Wilbur's Refusal to Appear at Properly Noted Deposition (Fisher, J.) (Entered: 11/21/2011)	Nov. 21, 2011	Nov. 21, 2011 PACER
95	DECLARATION of J. Camille Fisher in Support of Opposition filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 78 MOTION for Sanctions For Wilbur's Refusal to Appear at Properly Noted Deposition (Fisher, J.) (Entered: 11/21/2011)	Nov. 21, 2011	Nov. 21, 2011 PACER
96	RESPONSE, by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur, to 87 MOTION to Disqualify Counsel and Exclude Experts. (Attachments: # 1 Proposed Order)(Roos, Breena) (Entered: 11/21/2011) 1 Proposed Order View on PACER	Nov. 21, 2011	Nov. 21, 2011 PACER
97	DECLARATION of Breena Roos in Support of Opp to Motion to Disqualify & Exclude filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 87 MOTION to Disqualify Counsel and Exclude Experts (Roos, Breena) (Entered: 11/21/2011)	Nov. 21, 2011	Nov. 21, 2011 PACER
98	DECLARATION of Matthew Zuchetto in Support of Opp to Motion to Disqualify & Exclude filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 87 MOTION to Disqualify Counsel and Exclude Experts (Roos, Breena) (Entered: 11/21/2011)	Nov. 21, 2011	Nov. 21, 2011 PACER
99	DECLARATION of Professor Robert H. Aronson in Support of Opposition filed by Plaintiffs Angela Marie Montegue, Jeremiah Ray Moon, Joseph Jerome Wilbur re 87 MOTION to Disqualify Counsel and Exclude Experts (Roos, Breena) (Entered: 11/21/2011)	Nov. 21, 2011	Nov. 21, 2011 PACER