Case: Washington v. The GEO Group Inc.

3:17-cv-05806 | U.S. District Court for the Western District of Washington

Filed Date: Sept. 20, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This case addressed whether a Washington State minimum wage law applied to immigration detainees. The state of Washington filed suit in the Pierce County Superior Court on September 20, 2017. The defendant was the GEO Group, Inc., a for-profit corporation that operated the Northwest Detention Center (NWDC). Washington alleged two causes of action. First, they claimed defendant’s policy of paying immigrant detainees only $1 per day violated the Washington Minimum Wage Act (MWA), which set the mi…

This case addressed whether a Washington State minimum wage law applied to immigration detainees.

The state of Washington filed suit in the Pierce County Superior Court on September 20, 2017. The defendant was the GEO Group, Inc., a for-profit corporation that operated the Northwest Detention Center (NWDC). Washington alleged two causes of action. First, they claimed defendant’s policy of paying immigrant detainees only $1 per day violated the Washington Minimum Wage Act (MWA), which set the minimum wage at $11 per hour. RCW 49.46.020. Second, they alleged that defendant was unjustly enriched by this alleged violation. Washington sought injunctive and declaratory relief. This included declaring that the NWDC detainees were "employees" under the MWA, enjoining defendants from paying below minimum wage, and declaring that defendant was unjustly enriched.

Defendant filed a notice of removal on October 9, 2017. This case was moved to the U.S. District Court for the Western District of Washington (Tacoma). They argued the complaint involved issues of federal law as it referenced "adult civil detainees," a population defined exclusively under federal law. Further, the "allowance" for paid work was determined by federal statute and agencies as delegated by Congress. District Judge Robert J. Bryan was assigned to the case.

Defendant moved to dismiss for failure to state a claim on October 16, 2017. They alleged that federal law, which allowed for immigrant detainees to be paid $1 per day, superseded the MWA, a state law. Additionally, immigrant detainees allegedly did not count as employees under the MWA. The court denied the motion on December 6, 2017. It held that federal law did not conflict with the MWA. Under the MWA, only state detainees were not considered employees; the MWA said nothing about federal detainees. Federal law thus did not preempt the MWA. 283 F. Supp. 3d 967.

Defendant filed a counterclaim and affirmative defenses on December 20, 2017. Notably, defendant claimed a preemption defense in which federal laws override conflicting state laws. Defendant’s counterclaims alleged Washington would be unjustly enriched if detainees were paid minimum wage as detainees’ costs of living were paid for by the detention center. Defendant sought to offset any potential award to Washington by the value of services it provided to detainees. Defendant also sought declaratory and injunctive relief. This sought to enjoin Washington from claiming the MWA applied to NWDC detainees and a declaration that defendant did not have an employment relationship with detainees.

Washington filed a motion to dismiss or strike most of defendant’s counterclaim and affirmative defenses on January 10, 2018. The court granted Washington's motion to dismiss in part on February 28, 2018. The court dismissed the defendant’s unjust enrichment claim and struck several of its affirmative defenses. The court did not dismiss the defendant’s claims for declaratory and injunctive relief. 2018 WL 1083826.

Defendant filed a motion to dismiss the case for failure to join government parties on March 20, 2018. Defendant had a contract with the U.S. Department of Homeland Security (DHS) and U.S. Immigration and the U.S. Customs Enforcement (ICE), a sub-agency within DHS. This contract controlled how defendant managed the detention center. Defendant alleged that paying minimum wage would violate the contract as the standard for ICE’s Voluntary Work Program was $1 per day. It argued that DHS and ICE thus allegedly had a stake in the case’s outcome and needed to be joined. The court denied this motion on April 26, 2018. It reasoned that defendant's contract did not directly conflict with the MWA. DHS and ICE were also not interested in getting involved in the case. Defendant was contractually obligated to inform both agencies of this litigation and they did nothing. 2018 WL 1963792.

Defendant filed a motion for summary judgment on Washington's first cause of action (defendant's alleged violation of MWA) on November 8, 2018. They argued that the application of the MWA to the federal detention facility was forbidden by the Supremacy Clause's intergovernmental immunity doctrine (prevents federal and state governments from violating each other’s sovereignty). The court denied summary judgment on December 10, 2018, reasoning that intergovernmental immunity did not shield defendant from the MWA. 2018 WL 6448778.

Washington moved for partial summary judgment on April 11, 2019. The court granted the motion on May 13, 2019, dismissing defendant's affirmative defenses of laches (unreasonable delay in seeking relief), unclean hands (plaintiff acted in bad faith), and failure to join necessary parties. 2019 WL 2084463.

On May 28, 2019, Judge Bryan ordered this case to be consolidated with Chen v. GEO, a case involving similar issues in Washington detention centers.

Defendant filed a motion for summary judgment on July 2, 2019. They argued for derivative sovereign immunity (shields government contractors from liability) as it was allegedly the federal government that directed defendant to only pay detainees $1/day. That same day, Washington filed a motion for partial summary judgment on the MWA claim and defendant's preemption defense. On August 6, 2019, the court denied defendant's motion and granted Washington's motion only as to the preemption defense. 2019 WL 3565105.

Over the following months, the parties conducted discovery. On June 1, 2021, a jury trial held via Zoom began.

Defendant moved for judgment as a matter of law on June 10, 2021, raising three primary arguments. First, detainees were not legally defined as employees. Defendant cited two exceptions under the MWA which excluded both people who resided at their workplace and people held in rehabilitative or correctional facilities. Second, defendant argued that it qualified for intergovernmental immunity and derivative sovereign immunity. Finally, the MWA, as a state law, was preempted by federal law. This motion was denied during the ongoing trial on June 11, 2021.

Defendant renewed its motion for judgment as a matter of law on June 14, 2021. On the same day, Washington also moved for judgment as a matter of law. Washington made the following two arguments. First, the detainees did not fall under the residential or correctional exceptions of the MWA cited by defendants. Second, defendant had failed to qualify for intergovernmental or derivative sovereign unity. On the same day, both the above motions were denied during the ongoing trial.

Defendant moved for a mistrial on June 17, 2021. They cited Ninth Circuit precedent holding that "a jury verdict must be unanimous" and that unanimity cannot be reached until all jurors reject all affirmative defenses and satisfy all elements for liability. In the present case, the court polled the jurors, and it was "clear that at least two jurors remained steadfast that they could not agree" on whether detainees were employees. Additionally, the jury's written communication to the court stated: "we are certain we cannot agree" on whether the MWA discriminated against defendant. That same day, the court ordered a mistrial when the jury declared they could not agree on a verdict. The following month, the court scheduled a pre-trial conference for October 1, 2021.

Washington once renewed its motion for judgment as a matter of law, and moved for the same relief, in July of 2021 following the mistrial. The court first denied GEO's motion except for those claims alleging that applying MWA to it amounted to discrimination. 2021 WL 4848139. Washington's motion for judgment as a matter of law sought relief on these grounds, too, and the court reserved judgment. Shortly thereafter, the court granted Washington's motion for judgment as a matter of law on the discrimination issues that were part of GEO's intergovernmental immunity defense. 2021 WL 3675011. Specifically, the court disagreed with GEO that failure to interpret the MWA as exempting GEO's facility or the workers at its facility amounted to discrimination because GEO failed to show that it was being treated differently than a similarly situated entity. The MWA, the court found, applied to private entities like GEO.

On August 30, 2021, Washington moved for an order certifying interlocutory appeal. It sought the Ninth Circuit's review of two questions. First, whether the district court was required to consider the Fair Labor Standards Act when interpreting the definition of “employee” under the MWA. And second, whether a determination that federal detainees were “employees” under the MWA violated intergovernmental immunity. The district court denied this motion, concluding that GEO had not shown that these issues involved questions of law presenting substantial grounds for a difference of opinion. 2021 WL 4263743. The court also said that granting the certificate would not accelerate termination of the matter, but only delay trial.

The second jury trial began on October 14, 2021, and completed on November 2. Two days later, the court entered judgment in favor of the State of Washington in the amount of $5,950,340. The court also enjoined the defendant from continuing operation of the Voluntary Work Program because it did not pay detainee workers minimum wage. The same day the court entered judgment, GEO motioned to stay enforcement of the judgment pending appeal, which the court partially granted on December 8, 2021. In particular, the court granted the motion with respect to the money judgment. Shortly thereafter, on December 10, GEO appealed the judgment to the Ninth Circuit (No. 21-36025).

While the appeal was pending, the district court ruled on Washington's motion for attorney’s fees and costs on Dec 14, 2021. It granted plaintiffs $4,462,402.05 in attorneys’ fees and $191,398.07 in costs. On January 10, 2022, GEO appealed that decision to the Ninth Circuit as well (No. 22-35027). This appeal was stayed pending the Ninth Circuit's decision in the appeal regarding the November 2021 judgment.

On March 7, 2023, in the 21-36025 appeal on the judgment, the Ninth Circuit certified three questions to the Washington Supreme Court. The three questions were 1) In the circumstances of this case, are the detained workers employees within the meaning of MWA? 2) If the answer to the first question is yes, does the MWA apply to work performed in comparable circumstances by civil detainees confined in a private detention facility operating under a contract with the State? 3) If the answer to the first question is yes and the answer to the second question is no, and assuming that the damage award to the detained workers is sustained, is that damage award an adequate legal remedy that would foreclose equitable relief to the State in the form of an unjust enrichment award? 

Further proceedings in the Ninth Circuit were stayed pending the Washington Supreme Court's decision whether to accept review, and upon acceptance, pending receipt of answers to the certified questions. 

The case is ongoing.

Summary Authors

Rebecca Strauss (5/24/2018)

Caitlin Kierum (3/29/2020)

Eric Gripp (7/31/2021)

Jordan Katz (11/14/2021)

Nina Leeds (4/10/2023)

Related Cases

Chen v. GEO, Western District of Washington (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6167009/parties/state-of-washington-v-the-geo-group-inc/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Angel, Allison N (Colorado)

Arango, Jacqueline M (Florida)

Armstrong, Shannon L (Oregon)

Asai, Kristin Mariko (Oregon)

Expert/Monitor/Master/Other

Antkowiak, Thomas (Washington)

show all people

Documents in the Clearinghouse

Document

3:17-cv-05806

Docket [PACER]

State of Washington v. The GEO Group Inc

Nov. 19, 2021

Nov. 19, 2021

Docket
12

3:17-cv-05806

17-00002-11422-2

Complaint

State of Washington v. The GEO Group Inc.

Oct. 17, 2017

Oct. 17, 2017

Complaint
29

3:17-cv-05806

Order on GEO's Motion to Dismiss Complaint

State of Washington v. The GEO Group Inc.

Dec. 6, 2017

Dec. 6, 2017

Order/Opinion

283 F.Supp.3d 283

32

3:17-cv-05806

Order Denying Without Prejudice Plaintiff State of Washington's Motion to Remand

State of Washington v. The GEO Group Inc.

Dec. 13, 2017

Dec. 13, 2017

Order/Opinion

2017 WL 2017

44

3:17-cv-05806

Order on State's Motion to Dismiss or Strike Defendant's Counterclaims and Affirmative Defenses

State of Washington v. The GEO Group Inc.

Feb. 28, 2018

Feb. 28, 2018

Order/Opinion

2018 WL 2018

58

3:17-cv-05806

Order on Defendant the GEO Group Inc.'s Motion for Order of Dismissal Based on Plaintiff's Failure to Join Required Government Parties, or, Alternatively, to Add Required Government Parties

State of Washington v. The GEO Group Inc.

April 26, 2018

April 26, 2018

Order/Opinion

2018 WL 2018

162

3:17-cv-05806

Order Denying Defendant the GEO Group, Inc.'s Motion for Summary Judgment on Plaintiff's First Cause of Action

Washington v. GEO

Dec. 10, 2018

Dec. 10, 2018

Order/Opinion

2018 WL 2018

202

3:17-cv-05806

Order on Washington's Motion for Partial Summary Judgment on the GEO Group, INC's Affirmative Defenses

Washington v. GEO

May 13, 2019

May 13, 2019

Order/Opinion

2019 WL 2019

211

3:17-cv-05806

Order on Motion for Reconsideration

Washington v. GEO

May 23, 2019

May 23, 2019

Order/Opinion

2019 WL 2019

288

3:17-cv-05806

Order on Cross Motions for Summary Judgment

Washington v. GEO

Aug. 6, 2019

Aug. 6, 2019

Order/Opinion

2019 WL 2019

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6167009/state-of-washington-v-the-geo-group-inc/

Last updated April 9, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Pierce County Superior Court, case number 17-2-11422-2; (Receipt # 0981-5045824), filed by The GEO Group Inc. (Attachments: # 1 Exhibit)(Mell, Joan) Modified on 10/11/2017 (GMR). (Entered: 10/09/2017)

1 Exhibit

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Oct. 9, 2017

Oct. 9, 2017

RECAP
2

CIVIL COVER SHEET re 1 Notice of Removal ; filed by Defendant The GEO Group Inc. (Mell, Joan) Modified on 10/11/2017 (GMR). (Entered: 10/09/2017)

Oct. 9, 2017

Oct. 9, 2017

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DECLARATION of Joan K Mell re 1 Notice of Removal by Defendant The GEO Group Inc (Mell, Joan) Modified on 10/11/2017 (GMR). (Entered: 10/09/2017)

Oct. 9, 2017

Oct. 9, 2017

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4

DECLARATION Joan K Mell with Superior Court Filings re 1 Notice of Removal by Defendant The GEO Group Inc (Mell, Joan) Modified on 10/11/2017 (GMR). (Entered: 10/09/2017)

Oct. 9, 2017

Oct. 9, 2017

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5

APPLICATION OF ATTORNEY Charles A. Deacon FOR LEAVE TO APPEAR PRO HAC VICE for Defendant The GEO Group Inc. (Fee Paid) Receipt No. 0981-5049197 (Mell, Joan) Modified on 10/11/2017 (GMR). (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER

Add and Terminate Judges

Oct. 11, 2017

Oct. 11, 2017

PACER
6

APPLICATION OF ATTORNEY Mark Emery FOR LEAVE TO APPEAR PRO HAC VICE for Defendant The GEO Group Inc. (Fee Paid) Receipt No. 0981-5049201 (Mell, Joan) Modified on 10/11/2017 (GMR). (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
7

ORDER on the 5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Charles A Deacon for The GEO Group Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(GMR) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
8

ORDER on the 6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Mark Emery for The GEO Group Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(GMR) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER

Judge Theresa L Fricke added. (GMR)

Oct. 11, 2017

Oct. 11, 2017

PACER
9

DEMAND for JURY TRIAL by Defendant The GEO Group Inc (Mell, Joan) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

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10

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant The GEO Group Inc. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 11/17/2017, (Mell, Joan) (Entered: 10/16/2017)

1 Proposed Order

View on PACER

Oct. 16, 2017

Oct. 16, 2017

RECAP
11

DISREGARD- FILED IN ERROR DECLARATION of JOAN K. MELL filed by Defendant The GEO Group Inc re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Mell, Joan) Modified on 10/17/2017- attorney's office called re filing error (GMR). (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

RECAP

NOTICE of Docket Text Modification: per attorney's office the 11 Declaration of Joan Mell was filed in error and should be disregarded. (GMR)

Oct. 17, 2017

Oct. 17, 2017

PACER

Notice of Docket Text Modification

Oct. 17, 2017

Oct. 17, 2017

PACER
12

PRAECIPE to attach document (Exhibit 1; Complaint) Complaint Filed in Pierce County Superior Court re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant The GEO Group Inc (Mell, Joan) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

Clearinghouse

Motions Referred

Oct. 17, 2017

Oct. 17, 2017

PACER
13

MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Robert J. Bryan for all further proceedings as matter is related to 3:17-cv-05769-RJB. Magistrate Judge Theresa L Fricke no longer assigned to case. By Traci Whiteley, Deputy Clerk, at the direction of Magistrate Judge Theresa L Fricke. (TW) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER

MOTION REFERRED/ASSIGNED to Judge Robert J. Bryan: re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (TW)

Oct. 17, 2017

Oct. 17, 2017

PACER
14

ORDER Setting Hearing on Motion 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 11/20/2017 at 11:00 AM in Courtroom A before Judge Robert J. Bryan.Signed by Judge Robert J. Bryan. (JL) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

RECAP
15

MOTION to Remand, filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 12/1/2017, (Baker, La Rond) (Entered: 11/08/2017)

1 Proposed Order

View on PACER

Nov. 8, 2017

Nov. 8, 2017

RECAP
16

DECLARATION of La Rond Baker filed by Plaintiff State of Washington re 15 MOTION to Remand (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Baker, La Rond) (Entered: 11/08/2017)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

Nov. 8, 2017

Nov. 8, 2017

RECAP
17

RESPONSE, by Plaintiff State of Washington, to 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Oral Argument Requested. (Chien, Marsha) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

RECAP
18

REPLY, filed by Defendant The GEO Group Inc, TO RESPONSE to 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Mell, Joan) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

RECAP
19

DECLARATION OF JOAN K. MELL ATTACHING GEO-ICE CONTRACT WITH LIMITED TRADE SECRET REDACTIONS by Defendant The GEO Group Inc (Mell, Joan) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
20

MOTION to Seal LIMITED REDACTED PAGES OF THE GEO-ICE CONTRACT, filed by Defendant The GEO Group Inc. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 11/17/2017, (Mell, Joan) (Entered: 11/17/2017)

1 Proposed Order

View on PACER

Nov. 17, 2017

Nov. 17, 2017

PACER
21

MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Tyler Campbell; Pla Counsel: Ptf Chen: Andrew Free, Adam Berger, Jamal Whitehead, Devin Theroit-Orr, Lindsay Halm; Ptf State of WA: Marsha Chien, La Rond Baker; Def Counsel: Joan Mell, Charles Deacon, Mark Emery; CR: Angela Nicolavo; Motion Hearing held on 11/20/2017 re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The GEO Group Inc. Argument by parties. Order to be issued. (TC) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
22

MINUTE ORDER. Pursuant to Western District of Washington Local Civil Rule 7(d)(2), the MOTION to Seal LIMITED REDACTED PAGES OF THE GEO-ICE CONTRACT (Dkt. 20 ) is hereby renoted to 12/1/2017. Authorized by Judge Robert J. Bryan. (JL) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
23

RESPONSE, by Defendant The GEO Group Inc, to 15 MOTION to Remand . Oral Argument Requested. (Mell, Joan) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
24

RESPONSE, by Plaintiff State of Washington, to 20 MOTION to Seal LIMITED REDACTED PAGES OF THE GEO-ICE CONTRACT. (Baker, La Rond) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

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25

DECLARATION OF JOAN K. MELL ATTACHING GEO-ICE AMENDMENTS TO THE 2015 CONTRACT by Defendant The GEO Group Inc (Mell, Joan) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
26

REPLY, filed by Defendant The GEO Group Inc, TO RESPONSE to 20 MOTION to Seal LIMITED REDACTED PAGES OF THE GEO-ICE CONTRACT (Mell, Joan) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
27

DECLARATION of DAVID VENTURELLA IN SUPPORT OF GEO'S MOTION TO FILE LIMITED REDACTED PAGES IN CAMERA AND UNDER SEAL filed by Defendant The GEO Group Inc re 20 MOTION to Seal LIMITED REDACTED PAGES OF THE GEO-ICE CONTRACT (Mell, Joan) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
28

REPLY, filed by Plaintiff State of Washington, TO RESPONSE to 15 MOTION to Remand (Baker, La Rond) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
29

ORDER ON GEO'S MOTION TO DISMISS COMPLAINT, denying 10 Motion to Dismiss. Signed by Judge Robert J. Bryan. (JL) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

Clearinghouse
30

ORDER granting in part and denying in part 20 Motion to Seal. Signed by Judge Robert J. Bryan. (JL) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

RECAP
31

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 11/20/2017 before Judge Robert J. Bryan.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Angela Nicolavo, angela_nicolavo@wawd.uscourts.gov, 253-882-3832. Release of Transcript Restriction set for 3/12/2018, (AN) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

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32

ORDER DENYING WITHOUT PREJUDICE PLAINTIFF STATE OF WASHINGTON'S MOTION TO REMAND, denying 15 Motion to Remand. Signed by Judge Robert J. Bryan. (JL) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

Clearinghouse
33

CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Vanguard Group, Inc., Other Affiliate BlackRock Fund Advisors for The GEO Group Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by The GEO Group Inc (Mell, Joan) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

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34

ANSWER to Complaint;, COUNTERCLAIM against plaintiff State of Washington by The GEO Group Inc.(Mell, Joan) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

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35

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT. FRCP 26f Conference Deadline is 2/15/2018, Initial Disclosure Deadline is 2/22/2018, Joint Status Report due by 3/1/2018. Authorized by Judge Robert J. Bryan. (JL) (Entered: 12/29/2017)

Dec. 29, 2017

Dec. 29, 2017

PACER

Motion Calendar

Dec. 29, 2017

Dec. 29, 2017

PACER

JSR due 3/1/2018. (JL)

Dec. 29, 2017

Dec. 29, 2017

PACER
36

ORDER REGARDING DISCOVERY AND DEPOSITIONS. Authorized by Judge Robert J. Bryan. (JL) (Entered: 12/29/2017)

Dec. 29, 2017

Dec. 29, 2017

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37

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND STRIKE AFFIRMATIVE DEFENSES, filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 2/2/2018, (Baker, La Rond) (Entered: 01/10/2018)

1 Proposed Order

View on PACER

Jan. 10, 2018

Jan. 10, 2018

PACER
38

JOINT STATUS REPORT signed by all parties (Baker, La Rond) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

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39

MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES; Length of Trial: *TEN DAYS*. Jury Trial is set for 1/14/2019 at 09:30 AM in Courtroom A before Judge Robert J. Bryan. Joinder of Parties due by 3/20/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/18/2018, Motions due by 8/27/2018, Discovery completed by 9/17/2018, Dispositive motions due by 10/16/2018, Motions in Limine due by 12/17/2018, Pretrial Order due by 12/28/2018, Pretrial Conference set for 1/4/2019 at 08:30 AM in Courtroom A before Judge Robert J. Bryan. Trial briefs to be submitted by 1/4/2019, Proposed voir dire/jury instructions due by 1/4/2019. Authorized by Judge Robert J. Bryan. (TC) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

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40

RESPONSE, by Defendant The GEO Group Inc, to 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND STRIKE AFFIRMATIVE DEFENSES. Oral Argument Requested. (Mell, Joan) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
41

NOTICE of Appearance by attorney Andrea Brenneke on behalf of Plaintiff State of Washington. (Brenneke, Andrea) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
42

REPLY, filed by Plaintiff State of Washington, TO RESPONSE to 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND STRIKE AFFIRMATIVE DEFENSES (Chien, Marsha) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
43

MOTION Strike Jury Demand, filed by Plaintiff State of Washington. Noting Date 3/9/2018, (Chien, Marsha) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

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44

ORDER ON STATE'S MOTION TO DISMISS OR STRIKE DEFENDANT'S COUNTERCLAIMS AND AFFIRMATIVE DEFENSES, granting in part and denying in part 37 Motion. Signed by Judge Robert J. Bryan. (JL) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

Clearinghouse
45

RESPONSE, by Defendant The GEO Group Inc, to 43 MOTION Strike Jury Demand . Oral Argument Requested. (Mell, Joan) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

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46

REPLY, filed by Plaintiff State of Washington, TO RESPONSE to 43 MOTION Strike Jury Demand (Brenneke, Andrea) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
47

APPLICATION OF ATTORNEY Andrea D'Ambra FOR LEAVE TO APPEAR PRO HAC VICE for Defendant The GEO Group Inc (Fee Paid) Receipt No. 0981-5235631 (Mell, Joan) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

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48

ORDER re 47 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Andrea D'Ambra for The GEO Group Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(SP) (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

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49

ORDER DENYING MOTION TO STRIKE GEO'S JURY DEMAND, denying 43 Motion. Signed by Judge Robert J. Bryan. (JL) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

RECAP
50

ANSWER to 34 Counterclaim by State of Washington.(Baker, La Rond) Modified on 3/26/2018: edited text language (CMG). (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

RECAP
51

MOTION to Dismiss Based On Plaintiff's Failure to Join Required Government Parties, Or, Alternatively, To Add Required Government Parties, filed by Defendant The GEO Group Inc. Oral Argument Requested. Noting Date 4/13/2018, (Mell, Joan) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

RECAP
52

DECLARATION of Joan K. Mell filed by Defendant The GEO Group Inc re 51 MOTION to Dismiss Based On Plaintiff's Failure to Join Required Government Parties, Or, Alternatively, To Add Required Government Parties (Mell, Joan) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

RECAP
53

RESPONSE, by Plaintiff State of Washington, to 51 MOTION to Dismiss Based On Plaintiff's Failure to Join Required Government Parties, Or, Alternatively, To Add Required Government Parties. Oral Argument Requested. (Brenneke, Andrea) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
54

PRAECIPE re 53 Response to Motion, by Plaintiff State of Washington (Brenneke, Andrea) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER
55

MINUTE ORDER Setting Hearing on 51 MOTION to Dismiss: Motion Hearing set for 4/24/2018 at 09:00 AM in Courtroom A before Judge Robert J. Bryan. (Set for hearing together with similar motion in companion case C17-5769RJB.) s/Tyler Campbell, as directed by Judge Robert J. Bryan. (TC) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
56

REPLY, filed by Defendant The GEO Group Inc, TO RESPONSE to 51 MOTION to Dismiss Based On Plaintiff's Failure to Join Required Government Parties, Or, Alternatively, To Add Required Government Parties (Mell, Joan) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
57

MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Tyler Campbell; Pla Counsel: Andrea Brenneke, LaRond Baker; Def Counsel: Joan Mell, Charles Deacon; CR: Debbie Zurn; Time of Hearing: 9:00; Courtroom: A;Motion Hearing held on 4/24/2018 re 51 MOTION to Dismiss Based On Plaintiff's Failure to Join Required Government Parties, Or, Alternatively, To Add Required Government Parties filed by The GEO Group Inc. Argument by Defendant, Plaintiff State of Washington, and Plaintiff Chen. Rebuttal by Defendant. Order(s) to be issued at a later date. (Motion hearing held in conjunction with related case C17-5769.) (TC) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
58

ORDER on 51 Defendant The GEO Group Inc.'s Motion for Order of Dismissal Based on Plaintiff's Failure to Join Required Government Parties, or, Alternatively, to Add Required Government Parties by Judge Robert J. Bryan. (TC) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

Clearinghouse
59

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 4/24/2018 before Judge Robert J. Bryan.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 7/26/2018, (DZ) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
60

Joint Stipulated MOTION for Entry of Stipulated Order Governing the Disclosure of Privileged Information, filed by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc. (Attachments: # 1 Proposed Order) Noting Date 5/31/2018, (D'Ambra, Andrea) (Entered: 05/31/2018)

1 Proposed Order

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May 31, 2018

May 31, 2018

RECAP
61

STIPULATED ORDER GOVERNING THE DISCLOSURE OF PRIVILEGED INFORMATION, granting 60 Stipulated Motion. Signed by Judge Robert J. Bryan. (JL) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
62

Joint MOTION for Protective Order, filed by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc. (Attachments: # 1 Proposed Order Clean Version, # 2 Proposed Order Redline Version) Noting Date 6/20/2018, (D'Ambra, Andrea) (Entered: 06/20/2018)

1 Proposed Order Clean Version

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2 Proposed Order Redline Version

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June 20, 2018

June 20, 2018

RECAP
63

MOTION for Protective Order, filed by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 6/29/2018, (D'Ambra, Andrea) (Entered: 06/21/2018)

1 Proposed Order

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June 21, 2018

June 21, 2018

RECAP
64

DECLARATION of JOAN K. MELL filed by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc re 63 MOTION for Protective Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(D'Ambra, Andrea) (Entered: 06/21/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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June 21, 2018

June 21, 2018

PACER
65

DECLARATION of ANDREA L. D'AMBRA filed by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc re 63 MOTION for Protective Order (D'Ambra, Andrea) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
66

MOTION to Compel, filed by Counter Defendant State of Washington. Oral Argument Requested. Noting Date 7/6/2018, (Baker, La Rond) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

RECAP
67

DECLARATION of La Rond Baker filed by Counter Defendant State of Washington re 66 MOTION to Compel (Attachments: # 1 Exhibit A-F)(Baker, La Rond) (Entered: 06/21/2018)

1 Exhibit A-F

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June 21, 2018

June 21, 2018

RECAP
68

MOTION for Relief from Deadlines, filed by Plaintiff State of Washington. (Attachments: # 1 Proposed Order) Noting Date 6/29/2018, (Baker, La Rond) (Entered: 06/21/2018)

1 Proposed Order

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June 21, 2018

June 21, 2018

PACER
69

PROPOSED ORDER (Unsigned) re 66 MOTION to Compel (Baker, La Rond) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
70

STIPULATED PROTECTIVE ORDER, granting 62 Joint MOTION for Protective Order . Signed by Judge Robert J. Bryan. (JL) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

RECAP
71

SIGNING STATEMENT re 70 Stipulated Protective Order. Signed by Judge Robert J. Bryan. (JL) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

RECAP
72

RESPONSE, by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc, to 68 MOTION for Relief from Deadlines. Oral Argument Requested. (D'Ambra, Andrea) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
73

DECLARATION of Andrea L. D'Ambra re 72 Response to Motion by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(D'Ambra, Andrea) (Entered: 06/27/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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June 27, 2018

June 27, 2018

PACER
74

PRAECIPE re 63 MOTION for Protective Order by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc (Attachments: # 1 Supplement)(D'Ambra, Andrea) (Entered: 06/28/2018)

1 Supplement

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June 28, 2018

June 28, 2018

PACER
75

Stipulated MOTION to Renote Defendant The GEO Group, Inc.'s Motion for Protective Order, filed by Plaintiff State of Washington. (Attachments: # 1 Proposed Order) Noting Date 7/6/2018, (Baker, La Rond) (Entered: 06/28/2018)

1 Proposed Order

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June 28, 2018

June 28, 2018

RECAP
76

ORDER granting 75 Stipulated Motion & renoting 63 MOTION for Protective Order to 7/6/2018. Signed by Judge Robert J. Bryan. (JL) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

RECAP
77

REPLY, filed by Plaintiff State of Washington, TO RESPONSE to 68 MOTION for Relief from Deadlines (Baker, La Rond) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
78

DECLARATION of La Rond Baker filed by Plaintiff State of Washington re 68 MOTION for Relief from Deadlines (Baker, La Rond) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
79

RESPONSE, by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc, to 66 MOTION to Compel . Oral Argument Requested. (D'Ambra, Andrea) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

RECAP
80

DECLARATION of Andrea L. D'Ambra re 79 Response to Motion by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(D'Ambra, Andrea) (Entered: 07/02/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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July 2, 2018

July 2, 2018

RECAP
81

RESPONSE, by Plaintiff State of Washington, to 63 MOTION for Protective Order . (Baker, La Rond) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

RECAP
82

DECLARATION of La Rond Baker filed by Plaintiff State of Washington re 63 MOTION for Protective Order (Baker, La Rond) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
83

REPLY, filed by Plaintiff State of Washington, TO RESPONSE to 66 MOTION to Compel (Baker, La Rond) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

RECAP
84

REPLY, filed by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc, TO RESPONSE to 63 MOTION for Protective Order (D'Ambra, Andrea) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

RECAP
85

DECLARATION of Andrea L. D'Ambra re 84 Reply to Response to Motion by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(D'Ambra, Andrea) (Entered: 07/06/2018)

1 Exhibit 1

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2 Exhibit 2

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July 6, 2018

July 6, 2018

PACER
86

ORDER granting in part and denying in part 63 Motion for Protective Order; granting in part and denying in part 66 Motion to Compel; granting 68 Motion for Relief. Jury Trial is set for 2/19/2019 at 09:30 AM in Courtroom A before Judge Robert J. Bryan. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/20/2018, Motions due by 10/25/2018, Discovery completed by 11/16/2018, Dispositive motions due by 12/3/2018, Motions in Limine due by 1/17/2019, Pretrial Order due by 1/28/2019, Pretrial Conference set for 2/4/2019 at 08:30 AM in Courtroom A before Judge Robert J. Bryan. Trial briefs to be submitted by 2/8/2019, Proposed voir dire/jury instructions due by 2/8/2019. Signed by Judge Robert J. Bryan.(JL) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

RECAP
87

MOTION for Reconsideration re 86 Order on Motion for Protective Order,,, Order on Motion to Compel,,, Order on Motion for Relief,,, Set/Reset Trial Date and Related Deadlines,,, filed by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc. (Attachments: # 1 Proposed Order) Noting Date 7/27/2018, (D'Ambra, Andrea) (Entered: 07/27/2018)

1 Proposed Order

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July 27, 2018

July 27, 2018

RECAP
88

DECLARATION of Joan K. Mell filed by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc re 87 MOTION for Reconsideration re 86 Order on Motion for Protective Order,,, Order on Motion to Compel,,, Order on Motion for Relief,,, Set/Reset Trial Date and Related Deadlines,, (Attachments: # 1 Exhibit 1)(D'Ambra, Andrea) (Entered: 07/27/2018)

1 Exhibit 1

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July 27, 2018

July 27, 2018

PACER
89

DECLARATION of John Meagher filed by Defendant The GEO Group Inc, Counter Claimant The GEO Group Inc re 87 MOTION for Reconsideration re 86 Order on Motion for Protective Order,,, Order on Motion to Compel,,, Order on Motion for Relief,,, Set/Reset Trial Date and Related Deadlines,, (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4)(D'Ambra, Andrea) (Entered: 07/27/2018)

1 Exhibit 2

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2 Exhibit 3

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3 Exhibit 4

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July 27, 2018

July 27, 2018

PACER
90

ORDER INVITING BRIEFING ON DEFENDANT'S MOTION FOR RECONSIDERATION, renoting 87 MOTION for Reconsideration to 8/13/2018. Signed by Judge Robert J. Bryan. (JL) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

RECAP
91

DECLARATION of Tae D. Johnson by Defendant The GEO Group Inc (Mell, Joan) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

RECAP
92

RESPONSE, by Plaintiff State of Washington, to 87 MOTION for Reconsideration re 86 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion for Relief, . (Brenneke, Andrea) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

RECAP

Case Details

State / Territory: Washington

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Immigrant Detention Labor Issues

Key Dates

Filing Date: Sept. 20, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Washington

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The GEO Group, Inc. (Tacoma), Private Entity/Person

Defendant Type(s):

Corrections

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $10,604,140.12

Order Duration: 2021 - None

Issues

General/Misc.:

Conditions of confinement

Forced labor

Immigration/Border:

Detention - procedures

Employment

Jails, Prisons, Detention Centers, and Other Institutions:

Work release or work assignments