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

Clearinghouse coding complete

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 c…

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

  1. 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?
  2. Have any state or federal courts held a municipality liable under Monell for constitutional defects in its public defense system?
  3. Has any state or municipality adopted “hard” caseload standards like those that Washington is contemplating?
  4. 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.

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 attorneys, 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)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 7, 2017 Docket
1-1

Complaint [PACER]

June 10, 2011 Complaint
80

Amended Complaint

Nov. 10, 2011 Complaint
143

Order Certifying Class

298 F.R.D. 665

Feb. 23, 2012 Order/Opinion
142

Order Denying Defendants' Motions for Summary Judgment and Plaintiff's Motion for Preliminary Injunction

2012 WL 600727

Feb. 23, 2012 Order/Opinion
271

Order Denying Motions for Summary Judgment

2013 WL 1774624

April 25, 2013 Order/Opinion
322

Statement of Interest of the United States

Aug. 14, 2013 Pleading / Motion / Brief
325

Memorandum of Decision

989 F.Supp.2d 1122

Dec. 4, 2013 Order/Opinion
354

Order Awarding Fees and Costs

2014 WL 11961980

April 15, 2014 Order/Opinion
354

Order Awarding Fees and Costs

2014 WL 11961980

April 15, 2014 Order/Opinion

Resources

Title Description External URL

Indigent Defense in the United States: An Analysis of State Frameworks for Ensuring the Effective Assistance of Counsel

Susan L. Wynne

Many indigent defense systems across the country lack sufficient resources and the appropriate administrative and operational infrastructure to ensure effective assistance of counsel under the Sixth … Jan. 1, 2017

Docket

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

Last updated May 12, 2022

ECF Number Description 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

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2 Civil Cover Sheet

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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 PACER

Judge Robert S. Lasnik added. (PM)

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 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 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 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 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 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 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 PACER
10

JOINT STATUS REPORT signed by all parties estimated Trial Days: 10-15.. (Marshall, Toby) (Entered: 08/25/2011)

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 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 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 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

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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 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

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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 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 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 PACER
20

ORDER vacating order to show cause by Judge Robert S. Lasnik. (RS) (Entered: 09/23/2011)

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 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 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 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 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

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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 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

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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 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 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 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 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

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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 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 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 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

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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 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 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

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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 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 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 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 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 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

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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 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 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 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 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 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 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 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 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 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 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 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

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2 Exhibit 6-8 pp 56-63

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3 Exhibit 9-11 pp 64-78

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4 Exhibit 12 pp 79-192

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5 Exhibit 12 pp 193-267

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6 Exhibit 12 pp 268-320

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7 Exhibit 13-16 pp 321-278

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8 Exhibit 17 pp 379-501

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9 Exhibit 18 pp 502-531

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10 Exhibit 19-22 pp 532-552

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11 Exhibit 23-28 pp 553-609

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12 Exhibit 29 pp 610-685

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13 Exhibit 30-36 pp 686-748

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14 Exhibit 37 pp 749-779

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15 Exhibit 38 pp 780-787

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16 Exhibit 39-44 pp 788-821

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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 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 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 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

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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 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 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 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 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 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 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 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 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 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 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 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 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 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 PACER
76

ERRATA re 74 Brief by Amicus Daniel B Heid. (Heid, Daniel) (Entered: 10/31/2011)

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 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 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 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 PACER
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 PACER

State / Territory: Washington

Case Type(s):

Indigent Defense

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: June 10, 2011

Closing Date: Jan. 30, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Indigent criminal defendants in Mount Vernon and Burlington

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Burlington (City of Burlington, Skagit), City

City of Mount Vernon (City of Mount Vernon, Skagit), City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: 2,212,150.20

Order Duration: 2014 - 2017

Content of Injunction:

Preliminary relief denied

Reporting

Recordkeeping

Auditing

Monitoring

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Quality of representation

Staff (number, training, qualifications, wages)