Case: De La Fuente v. Wyman

3:16-cv-05801 | U.S. District Court for the Western District of Washington

Filed Date: Sept. 19, 2016

Closed Date: June 6, 2019

Clearinghouse coding in progress

Case Summary

None

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4537641/parties/de-la-fuente-v-wyman/


Judge(s)
Attorney for Plaintiff

Foreman, Wesley (Washington)

Mullins, Donald H (Washington)

Rossi, Paul Anthony (Washington)

Attorney for Defendant

Castillo, Callie A (Washington)

Glasgow, Rebecca Ripoli (Washington)

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Documents in the Clearinghouse

Document
1

3:16-cv-05801

Complaint

Sept. 19, 2016

Sept. 19, 2016

Complaint
20

3:16-cv-05801

Order

Sept. 28, 2016

Sept. 28, 2016

Order/Opinion
30

3:16-cv-05801

Plaintiff's Motion for Summary Judgment

Oct. 18, 2017

Oct. 18, 2017

Pleading / Motion / Brief
43

3:16-cv-05801

Order Granting Plaintiff's Motion For Summary Judgment And Denying Defendant's Cross-Motion For Summary Judgment

Feb. 22, 2018

Feb. 22, 2018

Order/Opinion

2018 WL 2018

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4537641/de-la-fuente-v-wyman/

Last updated Dec. 31, 2023, 10:34 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant(s) Kim Wyman Attorney Donald H Mullins added to party Roque De La Fuentes(pty:pla), filed by Roque De La Fuentes. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Mullins, Donald) (Receipt# 0981-4605812) Modified on 9/19/2016 to add fee info. (RE) (Entered: 09/19/2016)

1 Summons

View on PACER

2 Civil Cover Sheet

View on PACER

Sept. 19, 2016

Sept. 19, 2016

Clearinghouse
2

NOTICE OF CONSTITUTIONAL CHALLENGE PURSUANT TO RULE 5.1 OF THE FEDERAL RULES OF CIVIL PROCEDURE re 1 Complaint, ; filed by Plaintiff Roque De La Fuentes. (Mullins, Donald) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

RECAP
3

APPLICATION OF ATTORNEY Paul A. Rossi FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roque De La Fuentes (Fee Paid) Receipt No. 0981-4606001 (Mullins, Donald) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

RECAP

Order on Application for Leave to Appear Pro Hac Vice

Sept. 20, 2016

Sept. 20, 2016

PACER

Notice re Lack of Proper Signature

Sept. 20, 2016

Sept. 20, 2016

PACER

Add and Terminate Judges

Sept. 20, 2016

Sept. 20, 2016

PACER

Judge Benjamin H. Settle added. (MET)

Sept. 20, 2016

Sept. 20, 2016

PACER
4

Summons Issued as to defendant(s) Kim Wyman. (MET) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER

NOTICE REGARDING LACK OF PROPER SIGNATURE. The 1 Complaint, filed on 9/19/2016 was improperly signed by WESLEY FOREMAN. As such, one or more attorneys were not added to the case and will not receive future notices until corrected. Pursuant to FRCP Rule 11 and LCR 83.2(a), signatures must comply with Section III(L) of the Electronic Filing Procedures, which states, "An electronically filed pleading or other document which requires an attorney's signature must have the signors' names printed or typed on the line and under all signature lines." (MET)

Sept. 20, 2016

Sept. 20, 2016

PACER

ORDER on the 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Paul Anthony Rossi for Roque Rocky De La Fuente, 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).(MET)

Sept. 20, 2016

Sept. 20, 2016

PACER
5

NOTICE of Appearance by attorney Wesley Foreman on behalf of Plaintiff Roque "Rocky" De La Fuente. (Foreman, Wesley) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
6

NOTICE of Appearance by attorney Callie A Castillo on behalf of Defendant Kim Wyman. (Castillo, Callie) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER

Add and Terminate Attorneys

Sept. 21, 2016

Sept. 21, 2016

PACER

Notice of Hearing on Motion

Sept. 21, 2016

Sept. 21, 2016

PACER

Attorney Rebecca Ripoli Glasgow for Kim Wyman added per 6 Notice of Appearance. (MET)

Sept. 21, 2016

Sept. 21, 2016

PACER
7

MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Benjamin H. Settle. (TG) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
8

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 1/19/2017, FRCP 26f Conference Deadline is 12/29/2016, Initial Disclosure Deadline is 1/12/2017, by Judge Benjamin H. Settle. (TG) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
9

MOTION for Temporary Restraining Order by Plaintiff Roque "Rocky" De La Fuente. (Attachments: # 1 Proposed Order) Noting Date 9/21/2016, (Mullins, Donald) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
10

MEMORANDUM filed by Plaintiff Roque "Rocky" De La Fuente re 9 MOTION for Temporary Restraining Order (Mullins, Donald) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
11

DECLARATION of Rocky De La Fuente filed by Plaintiff Roque "Rocky" De La Fuente re 9 MOTION for Temporary Restraining Order (Mullins, Donald) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
12

NOTICE of Hearing on Motion re 9 MOTION for Temporary Restraining Order: Motion Hearing set for 9/26/2016 at 3:00 PM in Courtroom E before Judge Benjamin H. Settle. (MGC) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
13

NOTICE of Intent to Respond ; filed by Defendant Kim Wyman. (Glasgow, Rebecca) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
14

RESPONSE, by Defendant Kim Wyman, to 9 MOTION for Temporary Restraining Order . (Attachments: # 1 Proposed Order)(Glasgow, Rebecca) (Entered: 09/23/2016)

1 Proposed Order

View on RECAP

Sept. 23, 2016

Sept. 23, 2016

RECAP
15

DECLARATION of Libby Nieland filed by Defendant Kim Wyman re 9 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit)(Glasgow, Rebecca) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
16

DECLARATION of Lori Augino filed by Defendant Kim Wyman re 9 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit)(Glasgow, Rebecca) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
17

SUPPLEMENT re 14 Response to Motion for Emergency TRO by Defendant Kim Wyman (Glasgow, Rebecca) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
18

MINUTE ENTRY for TRO Hearing held on 9/26/2016 before Judge Benjamin H. Settle - Dep Clerk: Gretchen Craft; Pla Counsel: Wesley Foreman; Def Counsel: Rebecca Glasgow; CR: Teri Hendrix; Time of Hearing: 3:00; Courtroom: E; Court hears arguments of counsel and DENIES 9 Plaintiff's MOTION for Temporary Restraining Order, for the reasons stated on the record. The parties may submit a Joint Status Report regarding further proceedings by 10/7/2016. (MGC) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER

~Util - Set Deadlines AND TRO Hearing

Sept. 26, 2016

Sept. 26, 2016

PACER
19

LETTER from Rebecca Glasgow (Glasgow, Rebecca) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
20

ORDER by Judge Benjamin H. Settle re 19 Letter from Rebecca Glaskow. (TG) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

Clearinghouse
21

JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. (Glasgow, Rebecca) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER
22

MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES - *EIGHT DAY* Jury Trial is set for 1/2/2018 at 9:00 AM in Courtroom E before Judge Benjamin H. Settle. Joinder of Parties due by 11/16/2016, Amended Pleadings due by 11/28/2016, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/26/2017, Rebuttal Expert Disclosure/Reports due by 7/26/2017, Motions due by 8/7/2017, Discovery completed by 9/5/2017, Dispositive motions due by 10/4/2017, Motions in Limine due by 11/27/2017, Pretrial Order due by 12/11/2017, Voir dire/jury instructions/trial briefs due by 12/12/2017, Agreed Neutral Statement of the Case due by 12/12/2017, Deposition Designations due by 12/12/2017, Pretrial Conference set for 12/18/2017 at 3:30 PM in Courtroom E before Judge Benjamin H. Settle. Signed by Judge Benjamin H. Settle. (MGC) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
23

ANSWER to 1 Complaint, by Kim Wyman.(Castillo, Callie) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

RECAP
24

NOTICE of Unavailability of counsel Callie A Castillo for Defendant Kim Wyman from July 1, 2017 to July 14, 2017. (Castillo, Callie) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
25

DISCLOSURE OF EXPERT WITNESSES Filed by Defendant Kim Wyman.(Castillo, Callie) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
26

DISCLOSURE OF EXPERT WITNESSES Filed by Plaintiff Roque "Rocky" De La Fuente.(Foreman, Wesley) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
27

NOTICE of Unavailability of counsel Wesley Foreman for Plaintiff Roque "Rocky" De La Fuente from 11-6-17 to 11-10-17. (Foreman, Wesley) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
28

MOTION for Extension of Time for Dispositive Motions, filed by Defendant Kim Wyman. (Attachments: # 1 Proposed Order) Noting Date 9/27/2017, (Castillo, Callie) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
29

ORDER signed by Judge Benjamin H. Settle granting 28 Motion for Extension of Time. Briefing established for summary judgment motions; and dispositive motions due by 11/10/2017.(TG) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

RECAP
30

MOTION for Summary Judgment, filed by Plaintiff Roque "Rocky" De La Fuente. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 11/10/2017, (Mullins, Donald) (Entered: 10/18/2017)

1 Proposed Order

View on RECAP

Oct. 18, 2017

Oct. 18, 2017

Clearinghouse
31

DECLARATION of Wesley G. Foreman filed by Plaintiff Roque "Rocky" De La Fuente re 30 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mullins, Donald) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
32

DISREGARD THIS FILING; filed in error per counsel. Filed correctly as 33 RESPONSE, by Defendant Kim Wyman, to 30 MOTION for Summary Judgment . (Attachments: # 1 Second Declaration of Lori Augino, # 2 Declaration of Callie Castillo)(Castillo, Callie) Modified on 10/30/2017 (PS). (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
33

RESPONSE, by Defendant Kim Wyman, to 30 MOTION for Summary Judgment . (Attachments: # 1 Second Declaration of Lori Augino, # 2 Declaration of Callie Castillo)(Castillo, Callie) (Entered: 10/27/2017)

1 Second Declaration of Lori Augino

View on RECAP

2 Declaration of Callie Castillo

View on RECAP

Oct. 27, 2017

Oct. 27, 2017

RECAP

NOTICE of Docket Text Modification re 32 Response to Motion, : DISREGARD THIS FILING; filed in error per counsel. Filed correctly as 33 (PS)

Oct. 30, 2017

Oct. 30, 2017

PACER

Notice of Docket Text Modification

Oct. 30, 2017

Oct. 30, 2017

PACER
34

RESPONSE, by Plaintiff Roque "Rocky" De La Fuente, to 30 MOTION for Summary Judgment . (Attachments: # 1 Exhibit Plaintiff's First Declaration)(Rossi, Paul) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
35

REPLY, filed by Defendant Kim Wyman, TO RESPONSE to 30 MOTION for Summary Judgment (Castillo, Callie) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
36

MOTION to Stay Remaining Pretrial Dates, filed by Defendant Kim Wyman. (Attachments: # 1 Proposed Order) Noting Date 12/1/2017, (Castillo, Callie) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
37

RESPONSE, by Plaintiff Roque "Rocky" De La Fuente, to 36 MOTION to Stay Remaining Pretrial Dates. (Rossi, Paul) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
38

REPLY, filed by Defendant Kim Wyman, TO RESPONSE to 36 MOTION to Stay Remaining Pretrial Dates (Castillo, Callie) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
39

ORDER granting 36 Motion to Stay signed by Judge Benjamin H. Settle. Deadlines and hearings are terminated pending resolution of the parties' dispositive motions. (TG) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
40

NOTICE of Unavailability of counsel Callie A Castillo for Defendant Kim Wyman from 4/2/18-4/11-18. (Castillo, Callie) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
41

ORDER by Judge Benjamin H. Settle reserving ruling on parties' cross-motions for summary judgment and setting oral argument for 2/14/2018 at 01:30 PM before Judge Benjamin H. Settle. 30 MOTION for Summary Judgment: Noting Date 2/14/2018. (TG) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

RECAP
42

MINUTE ENTRY for Motion Hearing held on 2/14/2018 before Judge Benjamin H. Settle - Dep Clerk: Gretchen Craft; Pla Counsel: Paul Rossi, Wesley Foreman; Def Counsel: Callie Castillo; CR: Barry Fanning; Time of Hearing: 1:30; Courtroom: E; Court hears arguments of respective counsel on 30 MOTION for Summary Judgment filed by Roque "Rocky" De La Fuente and 33 Defendant's cross-motion. The Court takes the matters under advisement and will issue a decision in a few weeks. (MGC) (Entered: 02/14/2018)

Feb. 14, 2018

Feb. 14, 2018

PACER

Motion Hearing

Feb. 14, 2018

Feb. 14, 2018

PACER
43

ORDER signed by Judge Benjamin H. Settle granting 30 Plaintiff's Motion for Summary Judgment and denying 33 Defendant's Cross-Motion for Summary Judgment. Parties to file joint status report no later than March 24, 2018. (TG) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

Clearinghouse
44

JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. (Castillo, Callie) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
45

ORDER Directing Clerk to Enter Judgment in Favor of Plaintiff. Signed by Judge Benjamin H. Settle. (MGC) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

RECAP
46

JUDGMENT BY COURT. (MGC) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
47

NOTICE OF APPEAL (18-35208) to Ninth Circuit re 43 Order on Motion for Summary Judgment by Defendant Kim Wyman. Filing Fee $505, Receipt number 0981-5236575. (Castillo, Callie) Modified on 3/16/2018 to add CCA# only (SP). (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER
48

TRANSCRIPT REQUEST by Defendant Kim Wyman for proceedings held on 2/14/2018 Requesting Attorney: Callie A Castillo. (Castillo, Callie) (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER
49

USCA TIME SCHEDULE ORDER/APPEAL NUMBER 18-35208 as to the 47 Notice of Appeal filed by Kim Wyman. (SP) (Entered: 03/16/2018)

March 15, 2018

March 15, 2018

PACER
50

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 2/14/2018 before Judge Benjamin H. Settle.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 Barry Fanning, barry_fanning@wawd.uscourts.gov, 206-370-8507. Release of Transcript Restriction set for 6/27/2018, (BF) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
51

MEMORANDUM of USCA (NOT THE MANDATE, 18-35208) as to 47 Notice of Appeal filed by Kim Wyman. We REVERSE and REMAND to the district court with instructions to enter summary judgment for Washingtons Secretary of State. (GT) Modified on 5/15/2019 to correct spacing (GT). (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
52

MANDATE of USCA (18-35208) as to 47 Notice of Appeal filed by Kim Wyman. The judgment of this Court, entered May 15, 2019, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellee in the amount of $167.20. We REVERSE and REMAND to the district court with instructions to enter summary judgment for Washingtons Secretary of State. (CDA)cc CRD and Case Admins (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
53

JUDGMENT BY COURT in favor of Washington Secretary of State Kim Wyman against Roque "Rocky" De La Fuente. (MGC) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER

Case Details

State / Territory: Washington

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Sept. 19, 2016

Closing Date: June 6, 2019