Case: Doe v. BHC Fairfax Hospital, Inc.

2:19-cv-00635 | U.S. District Court for the Western District of Washington

Filed Date: April 30, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 30, 2019, an anonymous plaintiff filed a civil suit against Fairfax Behavior Health (“Fairfax”) under Title III of the Americans with Disabilities Act and state statutes. Seven additional anonymous plaintiffs joined this suit via amended complaints, all represented by Disability Rights Washington, a public interest organization, and private counsel. They filed suit in the Western District of Washington seeking damages for pain and suffering, compensatory and punitive damages, injunctiv…

On April 30, 2019, an anonymous plaintiff filed a civil suit against Fairfax Behavior Health (“Fairfax”) under Title III of the Americans with Disabilities Act and state statutes. Seven additional anonymous plaintiffs joined this suit via amended complaints, all represented by Disability Rights Washington, a public interest organization, and private counsel. They filed suit in the Western District of Washington seeking damages for pain and suffering, compensatory and punitive damages, injunctive relief, and attorneys’ fees.

The plaintiffs were individuals with unspecified mental illnesses admitted to Fairfax for treatment. They alleged that Fairfax has an indiscriminate policy of requiring all adult and teen patients to submit to random strip and cavity searches, a policy not shared by any other psychiatric hospital in Washington State. This process was also video recorded by Fairfax in violation of patients’ privacy. Specifically, the plaintiffs alleged that this practice is substantially motivated by discriminatory animus towards people with serious mental health conditions requiring inpatient treatment, inhibiting those patients’ ability to receive the treatment they need.

The plaintiffs sought to bring a class action on behalf of all persons who were admitted to Fairfax between April 30, 2016 and the date of class certification. The court denied class certification in an order from Judge Thomas S. Zilly dated August 10, 2020. 2020 WL 4584228. Certification was denied because the court found that the allegedly common questions among the class were unrelated to the ADA and state law claims and because the class was defined too broadly.

The case is ongoing.

Summary Authors

Sara Denbo (9/30/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15030527/parties/doe-v-fairfax-behavioral-health/


Judge(s)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Berman, Steve W. (Washington)

Carlisle, Todd Harris (Washington)

Polaski, Alexa Helen (Washington)

Siebrecht, Stacy Berger (Washington)

Smith, Shelby R (Washington)

Stone, Benjamin J (Washington)

Attorneys(s) for Defendant

Neiman, Eric J (Oregon)

Pelkey, Emma P (Oregon)

Judge(s)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Berman, Steve W. (Washington)

Carlisle, Todd Harris (Washington)

Polaski, Alexa Helen (Washington)

Siebrecht, Stacy Berger (Washington)

Smith, Shelby R (Washington)

Stone, Benjamin J (Washington)

Attorneys(s) for Defendant

Neiman, Eric J (Oregon)

Pelkey, Emma P (Oregon)

Documents in the Clearinghouse

Document

Docket [PACER]

Doe v. Fairfax Behavioral Health

Aug. 10, 2020 Docket
1

Class Action Complaint

Doe v. Fairfax Behavioral Health

April 30, 2019 Complaint
62

Second Amended Class Action Complaint

July 7, 2020 Complaint
65

Order

2020 WL 4584228

Aug. 10, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15030527/doe-v-fairfax-behavioral-health/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT Class Action Complaint against defendant(s) Fairfax Behavioral Health with JURY DEMAND (Receipt # 0981-5749716) Attorney Steve W. Berman added to party Jane Doe(pty:pla), filed by Jane Doe. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Berman, Steve) (Entered: 04/30/2019)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

April 30, 2019 RECAP

Add and Terminate Judges

May 1, 2019 PACER

Judge Thomas S. Zilly added. (GT)

May 1, 2019 PACER
2

Summons Electronically Issued as to defendant Fairfax Behavioral Health. (GT) (Entered: 05/01/2019)

May 1, 2019 PACER
3

AFFIDAVIT of Service of Summons and Complaint on Fairfax Behavioral Health on 5/3/2019, filed by Plaintiff Jane Doe. (Berman, Steve) (Entered: 05/06/2019)

May 6, 2019 PACER
4

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 7/15/2019, FRCP 26f Conference Deadline is 7/1/2019, Initial Disclosure Deadline is 7/15/2019, by Judge Thomas S. Zilly. (KD) (Entered: 05/15/2019)

May 15, 2019 PACER
5

NOTICE of Appearance by attorney Eric J. Neiman on behalf of Defendant Fairfax Behavioral Health. (Neiman, Eric) (Entered: 05/16/2019)

May 16, 2019 PACER

Add and Terminate Attorneys

May 16, 2019 PACER

Attorneys Benjamin J Stone, Ethan A Smith for Fairfax Behavioral Health added; per 5 Notice of Appearance. (SWT)

May 16, 2019 PACER

Add and Terminate Attorneys

May 17, 2019 PACER
6

CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent BHC Fairfax Hospital for Fairfax Behavioral Health. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Fairfax Behavioral Health (Neiman, Eric) (Entered: 05/20/2019)

May 20, 2019 RECAP
7

Unopposed MOTION for Extension of Time to File Answer, filed by Defendant Fairfax Behavioral Health. (Attachments: # 1 Proposed Order Granting Defendant's Unopposed Motion for Extension of Time) Noting Date 5/20/2019, (Neiman, Eric) (Entered: 05/20/2019)

May 20, 2019 PACER
8

MINUTE ORDER granting defendant's 7 Unopposed Motion for Extension. The deadline for defendant to file a responsive motion or pleading is EXTENDED to 6/21/2019. Authorized by Judge Thomas S. Zilly. (SWT) (Entered: 05/24/2019)

May 24, 2019 RECAP
9

AMENDED COMPLAINT against defendant(s) BHC Fairfax Hospital, Inc. d/b/a Fairfax Behaviorial Health with JURY DEMAND Attorney Steve W. Berman added to party John Doe(pty:pla), Attorney Steve W. Berman added to party H.S., by and through his guardian(pty:pla), filed by Jane Doe, John Doe, H.S., by and through his guardian.(Berman, Steve) (Entered: 06/19/2019)

June 19, 2019 PACER

Add and Terminate Attorneys

June 19, 2019 PACER

Attorneys Shelby R. Smith, Alexa Helen Polaski, Stacie Berger Siebrecht for all plaintiffs added; per 9 Amended Complaint. (SWT)

June 19, 2019 PACER

Add and Terminate Attorneys

June 20, 2019 PACER
10

ANSWER to 9 Amended Complaint, with JURY DEMAND by BHC Fairfax Hospital Inc.(Neiman, Eric) (Entered: 07/03/2019)

July 3, 2019 PACER

Add and Terminate Attorneys

July 3, 2019 PACER

Attorneys Benjamin J Stone, Ethan A Smith for BHC Fairfax Hospital Inc added; per 10 Answer to Amended Complaint. (SWT)

July 3, 2019 PACER

Add and Terminate Attorneys

July 8, 2019 PACER
11

JOINT STATUS REPORT signed by all parties estimated Trial Days: 5. Filed by Plaintiffs Jane Doe, John Doe, H.S..(Berman, Steve) (Entered: 07/15/2019)

July 15, 2019 PACER
12

MINUTE ORDER SETTING TRIAL AND RELATED DATES. Length of Trial: 5 Days; Jury Trial is set for 2/8/2021 before Judge Thomas S. Zilly. Discovery on class certification issues to be completed by 1/20/2020, Any motions related to class certification must be filed by 3/19/2020, Joinder of Parties due by 5/14/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/18/2020, Motions related to expert witnesses due by 9/17/2020, All remaining discovery completed by 7/16/2020, Dispositive motions due by 9/10/2020, Any motions for leave to amend pleadings due by 5/14/2020, Motions in Limine due by 12/17/2020, Pretrial Order due by 1/22/2021, Pretrial Conference set for 1/29/2021 at 01:30 PM, Trial briefs/Proposed voir dire/jury instructions due by 1/22/2021. Authorized by Judge Thomas S. Zilly. (SWT) (Entered: 07/31/2019)

July 31, 2019 RECAP
13

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Alexa Helen Polaski for Plaintiffs Jane Doe, John Doe, H.S.. (Polaski, Alexa) (Entered: 09/04/2019)

Sept. 4, 2019 PACER
14

NOTICE of Appearance by attorney Todd Harris Carlisle on behalf of Plaintiffs Jane Doe, John Doe, H.S.. (Carlisle, Todd) (Entered: 09/05/2019)

Sept. 5, 2019 PACER
15

Stipulated MOTION for Protective Order, filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. Noting Date 10/11/2019, (Stone, Benjamin) (Entered: 10/11/2019)

Oct. 11, 2019 PACER
16

STIPULATED PROTECTIVE ORDER re parties' 15 Stipulated MOTION. Signed by Judge Thomas S. Zilly. (SWT) (Entered: 10/23/2019)

Oct. 23, 2019 RECAP
17

MOTION to Seal, filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. (Attachments: # 1 Proposed Order) Noting Date 11/22/2019, (Neiman, Eric) (Entered: 11/01/2019)

Nov. 1, 2019 PACER
18

MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint, filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 5/22/2020 12/13/2019 11/22/2019, (Neiman, Eric) Modified on 11/26/2019 (MW). Modified on 2/10/2020 (MW). (Entered: 11/01/2019)

Nov. 1, 2019 PACER
19

DECLARATION of Michele Mendel filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health re 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Neiman, Eric) (Entered: 11/01/2019)

Nov. 1, 2019 PACER
20

SEALED MOTION to Deny Class Certification and Strike Class Allegations in Amended Complaint; re 17 MOTION to Seal ; by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 11/22/2019, (Neiman, Eric) (Entered: 11/01/2019)

Nov. 1, 2019 PACER
21

SEALED DOCUMENT Declaration of Michele Mendel by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health re 17 MOTION to Seal, 20 SEALED MOTION to Deny Class Certification and Strike Class Allegations in Amended Complaint; re 17 MOTION to Seal ; (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Neiman, Eric) (Entered: 11/01/2019)

Nov. 1, 2019 PACER
22

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Ethan A Smith for Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. (Neiman, Eric) (Entered: 11/06/2019)

Nov. 6, 2019 PACER
23

NOTICE that the following is RE-NOTED: 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint . Filed by Defendant BHC Fairfax Hospital Inc. Noting Date 12/6/2019, (Neiman, Eric) (Entered: 11/12/2019)

Nov. 12, 2019 PACER
24

MINUTE ORDER granting Defendant's 17 Motion to Seal. The following materials shall remain under seal: (i) the unredacted version of defendant's motion, docket no. 20, to deny class certification and strike class allegations; and (ii) the unredacted version of the declaration of Michele Mendel and the exhibits thereto, docket no. 21 . The unredacted and redacted versions of defendant's motion to deny class certification and strike class allegations, docket nos. 20 and 18, respectively, are both noted, albeit because the movant recently renoted the redacted version, see Notice (docket no. 23 ), the different versions of the motion now have different noting dates. The Clerk is directed to terminate the unredacted version of the motion, docket no. 20, as duplicative. In the future, if a party files a motion under seal and a redacted version of the motion for public view, counsel shall assign a noting date to only the redacted version to avoid unnecessary duplication of the motion on the Court's docket. Authorized by Judge Thomas S. Zilly.(TH) (Entered: 11/14/2019)

Nov. 14, 2019 PACER
25

NOTICE that the following is RE-NOTED: 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint . Filed by Defendant BHC Fairfax Hospital Inc. Noting Date 12/13/2019, (Neiman, Eric) (Entered: 11/25/2019)

Nov. 25, 2019 PACER
26

RESPONSE, by Plaintiffs Jane Doe, John Doe, H.S., to 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint, 20 SEALED MOTION to Deny Class Certification and Strike Class Allegations in Amended Complaint; re 17 MOTION to Seal ;. Oral Argument Requested. (Berman, Steve) (Entered: 12/09/2019)

Dec. 9, 2019 PACER
27

DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S. re 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint, 20 SEALED MOTION to Deny Class Certification and Strike Class Allegations in Amended Complaint; re 17 MOTION to Seal ; (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Berman, Steve) (Entered: 12/09/2019)

Dec. 9, 2019 PACER
28

REPLY, filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health, TO RESPONSE to 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint (Neiman, Eric) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
29

MOTION for Extension of Time Plaintiffs' Motion for Extension of Class Certification Schedule, filed by Plaintiffs Jane Doe, John Doe, H.S.. (Attachments: # 1 Proposed Order) Noting Date 1/17/2020, (Berman, Steve) (Entered: 01/09/2020)

Jan. 9, 2020 PACER
30

DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S. re 29 MOTION for Extension of Time Plaintiffs' Motion for Extension of Class Certification Schedule (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Berman, Steve) (Entered: 01/09/2020)

Jan. 9, 2020 PACER
31

RESPONSE, by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health, to 29 MOTION for Extension of Time Plaintiffs' Motion for Extension of Class Certification Schedule. (Neiman, Eric) (Entered: 01/15/2020)

Jan. 15, 2020 PACER
32

REPLY, filed by Plaintiffs Jane Doe, John Doe, H.S., TO RESPONSE to 29 MOTION for Extension of Time Plaintiffs' Motion for Extension of Class Certification Schedule (Berman, Steve) (Entered: 01/17/2020)

Jan. 17, 2020 PACER
33

Supplemental DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S. re 29 MOTION for Extension of Time Plaintiffs' Motion for Extension of Class Certification Schedule (Attachments: # 1 Exhibit 1)(Berman, Steve) (Entered: 01/17/2020)

Jan. 17, 2020 PACER
34

MINUTE ORDER: The motion to deny class certification and strike class allegations, docket no. 18, brought by defendant BHC Fairfax Hospital, Inc. is DEFERRED and RENOTED to 5/22/2020. Plaintiffs will be permitted to file a supplemental response, not to exceed ten (10) pages in length, by 5/18/2020. Any supplemental reply, not to exceed five (5) pages in length, shall be filed by the new noting date. Plaintiffs' motion to extend certain deadlines, docket no. 29, is GRANTED. The deadline for completing discovery on class certification issues is EXTENDED from 1/20/2020, to 3/2/2020, and the deadline for filing any motion for class certification is EXTENDED from 3/19/2020, to 4/30/2020. Any motion for class certification shall be noted for 5/22/2020, and will be considered together with Fairfax's motion to deny class certification and strike class allegations. The deadlines for joining additional parties and for filing any motions for leave to amend pleadings are EXTENDED from 5/14/2020, to 5/28/2020. All other dates and deadlines set forth in the Minute Order Setting Trial and Related Dates, docket no. 12, shall remain in full force and effect. Authorized by Judge Thomas S. Zilly.(MW) (Entered: 02/10/2020)

Feb. 10, 2020 RECAP
35

MOTION to Certify Class Plaintiffs' Motion for Class Certification, filed by Plaintiffs Jane Doe, John Doe, H.S.. (Attachments: # 1 Proposed Order) Noting Date 5/22/2020, (Berman, Steve) (Entered: 04/30/2020)

April 30, 2020 PACER
36

DECLARATION of Steve W. Berman filed by Plaintiffs Jane Doe, John Doe, H.S. re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit 1 (FBH Policy & Procedure), # 2 Exhibit 2 (Def's Amended Resp. to First ROGs & RFPs), # 3 Exhibit 3 (FBH Skin Assessment Policy), # 4 Exhibit 4 (FBH Search for Contraband Policy), # 5 Exhibit 5 (Excerpts of Graham Dep.), # 6 Exhibit 6 (Eastern & Western State Hospital Search & Contraband Policy), # 7 Exhibit 7 (Behavioral Health Admin. Search Policy Committed Under RCW 10.77), # 8 Exhibit 8 (PS Academy Powerpoint), # 9 Exhibit 9 (Excerpts of Graham 30(b)(6) Dep.), # 10 Exhibit 10 (Prohibited Items & Belongings), # 11 Exhibit 11 (Safety Training - Searches & Patient Belongings), # 12 Exhibit 12 (Findings of WSDOH Investigation) - Fairfax Kirkland Location, # 13 Exhibit 13 (Findings of WSDOH Investigation - Fairfax Everett Location), # 14 Exhibit 14 (DOH Investigation of Fairfax Kirkland), # 15 Exhibit 15 (Fairfax Health Policy & Procedure), # 16 Exhibit 16 (Fairfax Position Description for Nurse Educator), # 17 Exhibit 17 (Hagens Berman Sobol Shapiro LLP Resume))(Berman, Steve) (Entered: 04/30/2020)

April 30, 2020 PACER
37

DECLARATION of Todd Carlisle filed by Plaintiffs Jane Doe, John Doe, H.S. re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Berman, Steve) (Entered: 04/30/2020)

April 30, 2020 PACER
38

DECLARATION of Amanda C McGill, MSN, BSN, RN filed by Plaintiffs Jane Doe, John Doe, H.S. re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit Appendix A, # 2 Exhibit Appendix B)(Berman, Steve) (Entered: 04/30/2020)

April 30, 2020 PACER
39

PROPOSED ORDER (Unsigned) Stipulation & Order to Extend Class Certification Schedule & Certain Pre-Trial Deadlines (Neiman, Eric) (Entered: 05/14/2020)

May 14, 2020 PACER
40

MINUTE ORDER: Pursuant to the parties' stipulation, docket no. 39, the pending cross-motions to strike class allegations, docket no. 18, and to certify a class, docket no. 35, are RENOTED to 6/5/2020. The briefing schedule is adjusted as follows: (a) Plaintiffs' supplemental response to the motion to strike class allegations and defendant's response to the motion to certify a class are DUE on 6/1/2020; and (b) Defendant's supplemental reply in support of the motion to strike class allegations and plaintiffs' reply in support of the motion to certify a class are DUE on the new noting date. Pursuant to the parties' stipulation, docket no. 39, the deadline for disclosure of expert testimony is EXTENDED from 6/2/2020, to 6/30/2020, and the deadline for filing motions relating to discovery is EXTENDED from 6/18/2020, to 7/9/2020. The Court DEFERS ruling on whether to extend the other deadlines in this matter in the manner set forth in the parties' stipulation. Authorized by Judge Thomas S. Zilly. (MW) (Entered: 05/18/2020)

May 18, 2020 RECAP
41

MOTION to Amend 9 Amended Complaint,,Plaintiffs' Motion for Leave to File Second Amended Complaint, filed by Plaintiffs Jane Doe, John Doe, H.S.. (Attachments: # 1 Exhibit A (Redline of [Proposed] Second Amended Complaint), # 2 Proposed Order) Noting Date 6/12/2020, (Berman, Steve) (Entered: 05/28/2020)

May 28, 2020 PACER
42

RESPONSE, by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health, to 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification. (Neiman, Eric) (Entered: 06/01/2020)

June 1, 2020 PACER
43

RESPONSE, by Plaintiffs Jane Doe, John Doe, H.S., to 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint, 20 SEALED MOTION to Deny Class Certification and Strike Class Allegations in Amended Complaint; re 17 MOTION to Seal ;. (Berman, Steve) (Entered: 06/01/2020)

June 1, 2020 PACER
44

DECLARATION of Shelby R. Smith in Support of Plaintiffs' Supplemental Response to Fairfax's Motion to Deny Class Certification & Strike Class Allegations in Plaintiffs' Amended Complaint filed by Plaintiffs Jane Doe, John Doe, H.S. re 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint, 20 SEALED MOTION to Deny Class Certification and Strike Class Allegations in Amended Complaint; re 17 MOTION to Seal ; (Attachments: # 1 Exhibit A (Fairfax 2017-2019 Policies & Training Materials), # 2 Exhibit B (Fairfax 2017-2019 Visitor's Policies), # 3 Exhibit C (Fairfax 2019 Skin Assessment Policy), # 4 Exhibit D (Additional Training Materials))(Berman, Steve) (Entered: 06/01/2020)

June 1, 2020 PACER
45

DECLARATION of Eric Neiman ISO Defendant's Opposition to Plaintiff's Motion for Class Certification - DKT 42 filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit Exhibit A to Declaration of Eric Neiman, # 2 Exhibit Exhibit B to Declaration of Eric Neiman, # 3 Exhibit Exhibit C to Declaration of Eric Neiman, # 4 Exhibit Exhibit D to Declaration of Eric Neiman, # 5 Exhibit Exhibit E to Declaration of Eric Neiman, # 6 Exhibit Exhibit F to Declaration of Eric Neiman, # 7 Exhibit Exhibit G to Declaration of Eric Neiman, # 8 Exhibit Exhibit H to Declaration of Eric Neiman, # 9 Exhibit Exhibit I to Declaration of Eric Neiman, # 10 Exhibit Exhibit J to Declaration of Eric Neiman, # 11 Exhibit Exhibit K to Declaration of Eric Neiman)(Neiman, Eric) (Entered: 06/01/2020)

June 1, 2020 PACER
46

DECLARATION of Declaration of Rebecca Puchkors ISO Defendant's Opposition to Plaintiff's Motion for Class Certification - DKT 42 filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit Exhibit A to Declaration of Rebecca Puchkors, # 2 Exhibit Exhibit B to Declaration of Rebecca Puchkors)(Neiman, Eric) (Entered: 06/01/2020)

June 1, 2020 PACER
47

PROPOSED ORDER (Unsigned) re 42 Response to Motion re Defendant's Opposition to Plaintiff's Motion for Class Certification - DKT 42 (Neiman, Eric) (Entered: 06/01/2020)

June 1, 2020 PACER
48

REPLY, filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health, TO RESPONSE to 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint (Neiman, Eric) (Entered: 06/05/2020)

June 5, 2020 PACER
49

REPLY, filed by Plaintiffs Jane Doe, John Doe, H.S., TO RESPONSE to 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Berman, Steve) (Entered: 06/05/2020)

June 5, 2020 PACER
50

DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S. re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit 1 (Plan of Correction), # 2 Exhibit 2 (Jane Doe Dep. Excerpts), # 3 Exhibit 3 (John Doe Dep. Excerpts), # 4 Exhibit 4 (H.S. Dep. Excerpts))(Berman, Steve) (Entered: 06/05/2020)

June 5, 2020 PACER
51

DECLARATION of Nicole Dipzinski, LICSW, MSW, M.DIV., filed by Plaintiffs Jane Doe, John Doe, H.S. re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Berman, Steve) (Entered: 06/05/2020)

June 5, 2020 PACER
52

RESPONSE, by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health, to 41 MOTION to Amend 9 Amended Complaint,,Plaintiffs' Motion for Leave to File Second Amended Complaint. (Neiman, Eric) (Entered: 06/08/2020)

June 8, 2020 PACER
53

DECLARATION of Eric Neiman ISO Opposition to plaintiffs' motion for leave to file second amended complaint filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health re 41 MOTION to Amend 9 Amended Complaint,,Plaintiffs' Motion for Leave to File Second Amended Complaint (Attachments: # 1 Exhibit Exhibit A to Declaration of Eric Neiman, # 2 Complaint Exhibit B to Declaration of Eric Neiman, # 3 Exhibit Exhibit C to Declaration of Eric Neiman, # 4 Exhibit Exhibit D to Declaration of Eric Neiman)(Neiman, Eric) (Entered: 06/08/2020)

June 8, 2020 PACER
54

REPLY, filed by Plaintiffs Jane Doe, John Doe, H.S., TO RESPONSE to 41 MOTION to Amend 9 Amended Complaint,,Plaintiffs' Motion for Leave to File Second Amended Complaint (Berman, Steve) (Entered: 06/12/2020)

June 12, 2020 PACER
55

DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S. re 41 MOTION to Amend 9 Amended Complaint,,Plaintiffs' Motion for Leave to File Second Amended Complaint (Berman, Steve) (Entered: 06/12/2020)

June 12, 2020 PACER
56

MOTION for Extension of Time Plaintiffs' Motion for Extension of the Deadline for Disclosure of Expert Testimony, filed by Plaintiffs Jane Doe, John Doe, H.S.. (Attachments: # 1 Proposed Order) Noting Date 6/26/2020, (Berman, Steve) (Entered: 06/18/2020)

June 18, 2020 PACER
57

DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S. re 56 MOTION for Extension of Time Plaintiffs' Motion for Extension of the Deadline for Disclosure of Expert Testimony (Berman, Steve) (Entered: 06/18/2020)

June 18, 2020 PACER
58

RESPONSE, by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health, to 56 MOTION for Extension of Time Plaintiffs' Motion for Extension of the Deadline for Disclosure of Expert Testimony. (Neiman, Eric) (Entered: 06/22/2020)

June 22, 2020 PACER
59

DECLARATION of Eric J. Neiman filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health re 56 MOTION for Extension of Time Plaintiffs' Motion for Extension of the Deadline for Disclosure of Expert Testimony (Attachments: # 1 Exhibit A)(Neiman, Eric) (Entered: 06/22/2020)

June 22, 2020 PACER
60

REPLY, filed by Plaintiffs Jane Doe, John Doe, H.S., TO RESPONSE to 56 MOTION for Extension of Time Plaintiffs' Motion for Extension of the Deadline for Disclosure of Expert Testimony (Attachments: # 1 Proposed Order)(Berman, Steve) (Entered: 06/26/2020)

June 26, 2020 PACER
61

MINUTE ORDER granting Plaintiffs' 41 Motion to Amend. Plaintiffs shall electronically file their Second Amended Complaint within seven (7) days of the date of this Minute Order, provided that, in advance of such filing, plaintiffs revise their Second Amended Complaint to make clear that only Jane Doe 1, John Doe 1, and H.S. assert claims on behalf of a putative class. Defendant's responsive pleading or motion shall be due within twenty-one (21) days after the Second Amended Complaint is filed. Plaintiffs' motion, docket no. 56, to partially extend the expert disclosure deadline is GRANTED, and the deadline for disclosure of damages expert testimony is EXTENDED to August 14, 2020. Any rebuttal expert evidence shall be due as set forth in Federal Rule of Civil Procedure 26(a)(2)(D)(ii). Defendant's response, docket no. 58, is treated as a cross-motion to extend additional deadlines, as to which plaintiffs have already replied, and is DEFERRED pending the Court's ruling on the parties' cross-motions concerning class certification. In connection with the cross-motions concerning class certification, the Court will consider the proposed class definition set forth in plaintiffs' Second Amended Complaint. This proposed class definition has been addressed in the parties' briefing, and the parties shall not submit any further materials regarding class certification unless requested by the Court. Authorized by Judge Thomas S. Zilly. (TH) (Entered: 07/01/2020)

July 1, 2020 RECAP
62

Second AMENDED COMPLAINT [Leave to Amend Granted on July 1, 2020, Dkt. No. 61] against defendant(s) BHC Fairfax Hospital Inc with JURY DEMAND Attorney Steve W. Berman added to party Jane Doe 2(pty:pla), Attorney Steve W. Berman added to party John Doe 2(pty:pla), Attorney Steve W. Berman added to party N.B.(pty:pla), Attorney Steve W. Berman added to party Jane Doe 3(pty:pla), Attorney Steve W. Berman added to party Jane Doe 4(pty:pla), filed by John Doe, Jane Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B..(Berman, Steve) (Entered: 07/07/2020)

July 7, 2020 RECAP
63

ANSWER to 62 Amended Complaint,, with JURY DEMAND by BHC Fairfax Hospital Inc, Fairfax Behavioral Health.(Neiman, Eric) (Entered: 07/28/2020)

July 28, 2020 PACER
64

NOTICE of Appearance by attorney Emma P Pelkey on behalf of Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. (Pelkey, Emma) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
65

ORDER: The Putative Class Representatives' motion for class certification, docket no. 35, is DENIED, and Fairfax's motion to deny class certification and strike the class allegations, docket nos. 18 and 20, is GRANTED. The class allegations set forth in Section V of the Second Amended Complaint, docket no. 62, are STRICKEN. Plaintiffs' individual claims remain in the case. Fairfax's motion, docket no. 42, to strike the declaration of Amanda McGill, docket no. 38, is DENIED. Signed by Judge Thomas S. Zilly.(LH) (Entered: 08/10/2020)

Aug. 10, 2020 RECAP
66

Stipulated MOTION to Continue Trial Date and Stay Deadlines Pending Mediation and [Proposed] Order, filed by Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B.. Noting Date 10/9/2020, (Berman, Steve) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
67

MINUTE ORDER granting Parties' 66 Stipulated Motion to Continue Trial Date and Stay Deadlines Pending Mediation: Jury Trial is CONTINUED TO 5/10/2021 before Judge Thomas S. Zilly. Pretrial Conference is RESET to 4/30/2021 at 01:30 PM before Judge Thomas S. Zilly. Motions in Limine due by 4/8/2021, Voir dire/jury instructions/trial briefs due by 4/23/2021, The parties shall file a Joint Status Report by 12/31/2020, concerning the results of the mediation currently scheduled for 12/16/2020. Authorized by Judge Thomas S. Zilly.(MW) (Entered: 10/15/2020)

Oct. 15, 2020 RECAP
68

REPORT Parties' Joint Report on Status of Mediation by Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B. (Berman, Steve) (Entered: 12/30/2020)

Dec. 30, 2020 PACER
69

MINUTE ORDER: The jury trial date (5 days) is CONTINUED from May 10, 2021, to August 2, 2021; The pretrial conference is RESET to July 23, 2021, at 10:30 a.m.; Motions in limine must be filed by July 1, 2021; and The agreed pretrial order, trial briefs, proposed voir dire questions, and proposed jury instructions are due on July 16, 2021. Authorized by Judge Thomas S. Zilly. (MW) (Entered: 01/05/2021)

Jan. 5, 2021 RECAP
70

Stipulated MOTION to Set New Discovery and Motions Deadlines & [Proposed] Order, filed by Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B.. (Berman, Steve) (Entered: 03/05/2021)

March 5, 2021 PACER

Set/Reset Hearings

March 10, 2021 PACER

A telephonic conference is SET for March 15, 2021, at 10:00 a.m. Counsel will receive dialing instructions via email. Counsel shall be prepared to address adjusting the trial date in light of the parties' stipulated motion to extend certain pretrial deadlines, docket no. 70, and the schedule for presenting any motion for severance or bifurcation. (KK)

March 10, 2021 PACER
71

NOTICE of Appearance by attorney Martin D McLean on behalf of Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B.. (McLean, Martin) (Entered: 03/10/2021)

March 10, 2021 PACER
72

Stipulated MOTION Stipulation and [Proposed] Order of Dismissal of Plaintiff Jane Doe 4 Without Prejudice, filed by Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B.. (Berman, Steve) (Entered: 03/12/2021)

March 12, 2021 PACER
73

Having conducted a telephonic conference in which Todd Carlisle, Martin McLean, Stacie Siebrecht, and Shelby Smith participated on behalf of plaintiffs and Eric Neiman and Emma Pelkey appeared on behalf of defendant, Gail Glass Courtroom Deputy, the Court enters the following Minute Order: The Court treats the parties' stipulated motion, docket no. 70, as seeking a continuance of the trial date and related deadlines, and GRANTS the motion as follows: Jury Trial (5-10 Days) is set for 11/1/2021 before Judge Thomas S. Zilly. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/12/2021, Discovery Motions due by 6/3/2021, Discovery to be completed by 7/12/2021, Dispositive motions due by 8/12/2021, Motions related to expert witnesses due by 8/19/2021, Motions in Limine due by 9/30/2021, Agreed Pretrial Order due by 10/15/2021, Voir dire/jury instructions/trial briefs due by 10/15/2021, Pretrial Conference set for 10/22/2021 at 10:00 AM before Judge Thomas S. Zilly. Pursuant to the stipulation of the parties, docket no. 72, the claims of plaintiff Jane Doe 4 are DISMISSED without prejudice. Authorized by Judge Thomas S. Zilly.(MW) (Entered: 03/15/2021)

March 15, 2021 RECAP
74

MOTION Motion for Separate Trials, filed by Defendant Fairfax Behavioral Health. Noting Date 9/3/2021 4/16/2021, (Neiman, Eric) Modified on 5/21/2021 (MW). (Entered: 03/25/2021)

March 25, 2021 PACER
75

DECLARATION of Eric J. Neiman filed by Defendant Fairfax Behavioral Health re 74 MOTION Motion for Separate Trials (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Neiman, Eric) (Entered: 03/25/2021)

March 25, 2021 PACER
76

RESPONSE, by Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B., to 74 MOTION Motion for Separate Trials . (Attachments: # 1 Proposed Order)(Berman, Steve) (Entered: 04/09/2021)

April 9, 2021 PACER
77

DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B. re 74 MOTION Motion for Separate Trials (Attachments: # 1 Exhibit 1 (Graham Dep. Excerpts), # 2 Exhibit 2 (FBH Skin Assessment Policy), # 3 Exhibit 3 (FBH Search for Contraband Policy), # 4 Exhibit 4 (Graham 30(b)(6) Dep. Excerpts)ntraband Policy), # 5 Exhibit 5 (PS Academy PowerPoint), # 6 Exhibit 6 (DOH Findings of Fairfax's Kirkland Location), # 7 Exhibit 7 (DOH Findings of Fairfax's Everett Location), # 8 Exhibit 8 (DOH Investigation of Fairfax Kirkland))(Berman, Steve) (Entered: 04/09/2021)

April 9, 2021 PACER

Docket Annotation

April 13, 2021 PACER

Pursuant to counsel's telephonic request, the deadline set by Minute Order entered March 15, 2021, docket no. 73, for the parties to file a Joint Status Report is EXTENDED to April 23, 2021. (KK)

April 13, 2021 PACER

Docket Annotation/Remark (public entry)

April 14, 2021 PACER
78

REPLY, filed by Defendant Fairfax Behavioral Health, TO RESPONSE to 74 MOTION Motion for Separate Trials (Neiman, Eric) (Entered: 04/16/2021)

April 16, 2021 PACER
79

JOINT STATUS REPORT signed by all parties. (Berman, Steve) (Entered: 04/23/2021)

April 23, 2021 PACER
80

MINUTE ORDER: Defendant's motion for separate trials, docket no. 74, is DEFERRED and RENOTED to September 3, 2021. The motion will be considered together with any dispositive motions and/or motions related to expert testimony that are filed by the deadlines set forth in the Minute Order entered March 15, 2021, docket no. 73 . Authorized by Judge Thomas S. Zilly. (MW) (Entered: 05/21/2021)

May 21, 2021 RECAP
81

MOTION for Partial Summary Judgment, filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. Oral Argument Requested. Noting Date 9/3/2021, (Neiman, Eric) (Entered: 08/12/2021)

Aug. 12, 2021 PACER
82

MOTION to Exclude Expert Testimony of Cloie Johnson, filed by Defendant Fairfax Behavioral Health. Oral Argument Requested. Noting Date 9/3/2021, (Pelkey, Emma) (Entered: 08/19/2021)

Aug. 19, 2021 PACER
83

DECLARATION of Eric J. Neiman filed by Defendant Fairfax Behavioral Health re 82 MOTION to Exclude Expert Testimony of Cloie Johnson (Attachments: # 1 Exhibit A)(Pelkey, Emma) (Entered: 08/19/2021)

Aug. 19, 2021 PACER
84

NOTICE to Withdraw Pending Motion re 82 MOTION to Exclude Expert Testimony of Cloie Johnson ; by Defendant Fairfax Behavioral Health. (Pelkey, Emma) (Entered: 08/27/2021)

Aug. 27, 2021 PACER

State / Territory: Washington

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: April 30, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Mental health patients who were admitted to Fairfax for mental illness who were subjected to humiliating and traumatizing baseless strip- and cavity-searches. They sought to bring a class action on behalf of all persons admitted to BHC Fairfax Hospital between April 20, 2016 to present

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Fairfax Behavioral Health, Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Assault/abuse by staff

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Type of Facility:

Non-government for profit