Case: Rodriguez Macareno v. Thomas

2:18-cv-00421 | U.S. District Court for the Western District of Washington

Filed Date: March 21, 2018

Closed Date: May 31, 2019

Clearinghouse coding complete

Case Summary

On March 21, 2018, the plaintiff — a private resident of Washington — filed a complaint against four City of Tukwila law enforcement officers as well as the City of Tukwila in the U.S. District Court for the Western District of Washington. Represented by the Northwest Immigrant Rights Project, the plaintiff alleged the defendants violated his Fourth Amendment rights by way of seizure without probable cause. According to the complaint, the plaintiff was unlawfully arrested after calling the poli…

On March 21, 2018, the plaintiff — a private resident of Washington — filed a complaint against four City of Tukwila law enforcement officers as well as the City of Tukwila in the U.S. District Court for the Western District of Washington. Represented by the Northwest Immigrant Rights Project, the plaintiff alleged the defendants violated his Fourth Amendment rights by way of seizure without probable cause. According to the complaint, the plaintiff was unlawfully arrested after calling the police for protection from a trespasser. The complaint alleged the plaintiff was arrested without probable cause or a judicial warrant, but instead solely to facilitate civil immigration enforcement, despite lacking the legal authority to do so. The plaintiff requested compensatory and punitive damages, declaratory relief, as well as injunctive relief to prohibit the defendants from arresting individuals to investigate whether they are unlawfully present in the country. The case was assigned to Judge Richard A. Jones. 

As discovery began in this case, a jury trial was set for April 8, 2019. During discovery, the plaintiff sought a protective order prohibiting the defendants from inquiring into his immigration status, addresses, and employment history. On January 29, 2019, the District Court granted the plaintiff’s motion, finding that demanding this information from the plaintiff through discovery would produce a chilling effect that would impact the plaintiff's ability to effectuate his rights. 2019 WL 355244. 

Meanwhile on October 11, 2018, the defendant-officers filed a motion for partial summary judgment on grounds of qualified immunity, contending that local officers would be placed in the untenable position of making judgment calls about which laws to uphold or ignore. On January 8, 2019, the defendant-city filed motions for summary judgment and dismissal of all claims. The plaintiff then followed by filing a motion for partial summary judgment on January 8, 2019. 

On May 8, 2019, the district court (1) granted the defendant-officers’ motion for partial summary judgment, (2) denied in part and granted in part the defendant-city’s motion for summary judgment, and (3) denied in part and granted in part the plaintiffs’ motion for partial summary judgment. The court held that the defendant-officers violated the Fourth Amendment by seizing the plaintiff only upon their knowledge of suspected unlawful presence. Due to this finding, the defendant-officers’ qualified immunity defense was denied. However, the court also found a lack of evidence that the defendant-officers acted pursuant to an official policy, practice, or custom so as to extend liability to the city. The court also determined that although the plaintiff’s contentions supported an inference that the city’s training on civil immigration violations was severely negligent, it had not met the high standard of proving deliberate indifference, and therefore that summary judgment in favor of the defendant-city was warranted. 378 F.Supp.3d 933.

Following the court’s summary judgment order, on May 28, 2019, the parties notified the court of having entered into a settlement of the remaining claims. However, the terms of the settlement agreement are unavailable publicly. Given the resolution of outstanding issues, the court dismissed the case on May 31, 2019 with prejudice and without costs to any of the parties. The case is now closed. 


 

 

Summary Authors

Kavitha Babu (4/3/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6897150/parties/rodriguez-macareno-v-thomas/


Judge(s)

Jones, Richard A. (Washington)

Attorney for Plaintiff

Adams, Matt (Washington)

Attorney for Defendant

Chen, Derek Casey (Washington)

Expert/Monitor/Master/Other

Cho, Eunice (Washington)

Chung, Jennifer Katherine (Washington)

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Documents in the Clearinghouse

Document
1

2:18-cv-00421

Complaint

Macareno v. Thomas

March 21, 2018

March 21, 2018

Complaint
68

2:18-cv-00421

Order Granting Plaintiff's Motion for a Protective Order and Denying Defendant's Motion to Compel

Order Granting Plaintiffs' Motion for a Protective Order and Denying Defendants' Motion to Compel

Jan. 29, 2019

Jan. 29, 2019

Order/Opinion

2019 WL 2019

76

2:18-cv-00421

Order

Macareno v. Thomas

May 8, 2019

May 8, 2019

Order/Opinion

378 F.Supp.3d 378

83

2:18-cv-00421

Joint Notice of Settlement

May 28, 2019

May 28, 2019

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6897150/rodriguez-macareno-v-thomas/

Last updated April 8, 2024, 9:43 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by Wilson Rodriguez Macareno. (Receipt# 0981-5247195) (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Adams, Matt) Modified on 3/21/2018 to add receipt number) (ST) (Entered: 03/21/2018)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

5 Summons

View on PACER

6 Summons

View on PACER

March 21, 2018

March 21, 2018

Clearinghouse

Judge Richard A. Jones added. (DJ)

March 22, 2018

March 22, 2018

PACER
2

Summons(es) electronically issued as to defendant(s) City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(DJ) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
3

NOTICE of Appearance by attorney Shannon M Ragonesi on behalf of Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. (Ragonesi, Shannon) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
4

STANDING ORDER for Civil Cases Assigned to Judge Richard A. Jones. (VE) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
5

ORDER REGARDING FRCP 26(f) CONFERENCE, INITIAL DISCLOSURES, AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 4/5/2018, Initial Disclosure Deadline is 4/12/2018, Joint Status Report due by 4/19/2018, by Judge Richard A. Jones. (VE) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER

Attorney Rachel B Turpin for City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann added; per 3 Notice of Appearance. (SWT)

March 22, 2018

March 22, 2018

PACER
6

AFFIDAVIT of Service of Summons and Complaint on Jeff Mitre on 3/29/2018, filed by Plaintiff Wilson Rodriguez Macareno. (Adams, Matt) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
7

JOINT STATUS REPORT signed by all parties estimated Trial Days: 8. (Adams, Matt) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
8

NOTICE of Association of Attorney by Derek Casey Chen on behalf of Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. (Chen, Derek) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
9

ANSWER to 1 Complaint, with JURY DEMAND by City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann.(Ragonesi, Shannon) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
10

ORDER SETTING TRIAL DATE AND RELATED DATES. Length of Trial: 8 days. JURY TRIAL is set for 4/8/2019 at 9:00 AM in Courtroom 13106 before Judge Richard A. Jones. Joinder of Parties due by 6/1/2018, Amended Pleadings due by 10/10/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/10/2018, Discovery completed by 12/10/2018, Dispositive motions due by 1/8/2019, Motions in Limine due by 3/11/2019, Pretrial Order due by 3/25/2019, Trial briefs, proposed jury instructions, proposed voir dire, agreed neutral statement of the case, deposition designations, and trial exhibits to be submitted by 4/1/2019, by Judge Richard A. Jones. (VE) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
11

NOTICE of Unavailability of counsel Shannon M Ragonesi for Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Peter Tiemann from 6/21-7/2 & 8/6-8/12/2018. (Ragonesi, Shannon) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
12

MOTION for Protective Order, filed by Plaintiff Wilson Rodriguez Macareno. Oral Argument Requested. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order) Noting Date 9/7/2018, (Adams, Matt) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
13

DECLARATION of Leila Kang filed by Plaintiff Wilson Rodriguez Macareno re 12 MOTION for Protective Order (Attachments: # 1 Exhibit A)(Adams, Matt) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
14

DECLARATION of Glenda M. Aldana Madrid filed by Plaintiff Wilson Rodriguez Macareno re 12 MOTION for Protective Order (Attachments: # 1 Exhibit A)(Adams, Matt) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
15

MOTION to Compel Responses to Defendants' First Set of Interrogatories and Requests for Production of Documents, filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. (Attachments: # 1 Proposed Order Granting Defendant's Motion to Compel Discovery Responses) Noting Date 9/14/2018, (Ragonesi, Shannon) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
16

DECLARATION of Derek Chen filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 15 MOTION to Compel Responses to Defendants' First Set of Interrogatories and Requests for Production of Documents (Attachments: # 1 Exhibit A)(Ragonesi, Shannon) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
17

PRAECIPE to attach document Exhibit A re 12 MOTION for Protective Order by Plaintiff Wilson Rodriguez Macareno (Attachments: # 1 Exhibit A)(Adams, Matt) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
18

DECLARATION of Joel Thomas filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 15 MOTION to Compel Responses to Defendants' First Set of Interrogatories and Requests for Production of Documents (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ragonesi, Shannon) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
19

RESPONSE, by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann, to 12 MOTION for Protective Order . (Attachments: # 1 Proposed Order Denying Plaintiff's Motion for a Protective Order)(Ragonesi, Shannon) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
20

REPLY, filed by Plaintiff Wilson Rodriguez Macareno, TO RESPONSE to 12 MOTION for Protective Order (Adams, Matt) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
21

RESPONSE, by Plaintiff Wilson Rodriguez Macareno, to 15 MOTION to Compel Responses to Defendants' First Set of Interrogatories and Requests for Production of Documents. (Kang, Leila) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
22

REPLY, filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann, TO RESPONSE to 15 MOTION to Compel Responses to Defendants' First Set of Interrogatories and Requests for Production of Documents (Attachments: # 1 Proposed Order)(Ragonesi, Shannon) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
23

DECLARATION of Derek Chen filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 15 MOTION to Compel Responses to Defendants' First Set of Interrogatories and Requests for Production of Documents (Attachments: # 1 Exhibit)(Ragonesi, Shannon) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
24

NOTICE of Association of Attorney by Derek Casey Chen on behalf of Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. (Chen, Derek) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
25

MOTION for Partial Summary Judgment, filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. (Attachments: # 1 Proposed Order) Noting Date 11/2/2018, (Ragonesi, Shannon) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
26

DECLARATION of Arthur Stephenson filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 25 MOTION for Partial Summary Judgment (Ragonesi, Shannon) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
27

DECLARATION of Craig Gardner filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 25 MOTION for Partial Summary Judgment (Ragonesi, Shannon) Modified on 10/12/2018 to administratively seal for containing personal identifiers (TH). (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
28

DECLARATION of Derek Chen filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 25 MOTION for Partial Summary Judgment (Ragonesi, Shannon) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
29

DECLARATION of Joel Thomas filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 25 MOTION for Partial Summary Judgment (Ragonesi, Shannon) Modified on 10/12/2018 to administratively seal for containing personal identifiers (TH). (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
30

DECLARATION of Peter Tiemann filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 25 MOTION for Partial Summary Judgment (Ragonesi, Shannon) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
31

NOTICE of Filing Exhibit A - Video in Paper or Physical Form with the Clerk's Office by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. inre 28 Declaration. (Ragonesi, Shannon) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
32

NOTICE of Filing Exhibits A & B - Videos in Paper or Physical Form with the Clerk's Office by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. inre 26 Declaration. (Ragonesi, Shannon) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
33

DUPLICATE FILING. PLEASE DISREGARD. NOTICE of Filing Exhibit A - Video in Paper or Physical Form with the Clerk's Office by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. inre 30 Declaration. (Ragonesi, Shannon) Modified on 10/15/2018 to strike text and indicate this filing is a duplicate of Dkt. No. 34 (TH). (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
34

NOTICE of Filing Exhibit A - Video in Paper or Physical Form with the Clerk's Office by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. inre 29 Declaration. (Ragonesi, Shannon) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER

***Motion terminated: 35 Ex Parte-Sealed MOTION filed by City of Tukwila, Arthur Stephenson, Craig Gardner, Joel Thomas, Peter Tiemann. Motion was filed using incorrect filing event. Counsel will refile as a Motion to Seal. (ELS)

Oct. 12, 2018

Oct. 12, 2018

PACER
36

MOTION to Seal, filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. (Attachments: # 1 Proposed Order) Noting Date 11/2/2018, (Ragonesi, Shannon) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
37

SEALED DOCUMENT by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 36 MOTION to Seal (Ragonesi, Shannon) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
38

REDACTION to 27 Declaration Craig Gardner by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann (Ragonesi, Shannon) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
39

REDACTION to 29 Declaration Joel Thomas by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann (Ragonesi, Shannon) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
40

NOTICE of Filing Exhibit A - Video in Paper or Physical Form with the Clerk's Office by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. inre 30 Declaration. (Ragonesi, Shannon) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER

RECEIPT of Video containing Exhibit A to Declaration of Derek Chen re 31 Notice of Filing Paper or Physical Materials. (placed in one accordion folder in Seattle's Clerk's Office filing shelf) (TH)

Oct. 12, 2018

Oct. 12, 2018

PACER

RECEIPT of Video containing Exhibits A and B to Declaration of Arthur Stephenson re 32 Notice of Filing Paper or Physical Materials. (placed in one accordion folder in Seattle's Clerk's Office filing shelf) (TH)

Oct. 12, 2018

Oct. 12, 2018

PACER

RECEIPT of Video containing Exhibit A to Declaration of Joel Thomas re 34 Notice of Filing Paper or Physical Materials. (placed in one accordion folder in Seattle's Clerk's Office filing shelf). (TH)

Oct. 12, 2018

Oct. 12, 2018

PACER

RECEIPT of Video containing Exhibit A to Declaration of Peter Tiemann re 40 Notice of Filing Paper or Physical Materials. (placed in one accordion folder in Seattle's Clerk's Office filing shelf) (TH)

Oct. 12, 2018

Oct. 12, 2018

PACER
41

NOTICE of Appearance by attorney Aaron Korthuis on behalf of Plaintiff Wilson Rodriguez Macareno. (Korthuis, Aaron) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
42

RESPONSE, by Plaintiff Wilson Rodriguez Macareno, to 25 MOTION for Partial Summary Judgment . Oral Argument Requested. (Kang, Leila) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
43

DECLARATION of Sydney Maltese re 42 Response to Motion by Plaintiff Wilson Rodriguez Macareno (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Kang, Leila) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
44

DECLARATION of Glenda M. Aldana Madrid re 42 Response to Motion by Plaintiff Wilson Rodriguez Macareno (Aldana Madrid, Glenda) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
45

MOTION for Leave to File Amicus Curiae Brief, filed by Amicus ACLU of Washington. (Attachments: # 1 Proposed Order) Noting Date 11/16/2018, (Chung, Jennifer) (Entered: 10/29/2018)

1 Proposed Order

View on PACER

Oct. 29, 2018

Oct. 29, 2018

RECAP

NOTE re: Document 45 . Appearance of attorney Kenneth E. Payson and Eunice Cho is not proper, and notices of electronic filing will not be sent until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with ECF Filing Procedures. (TH)

Oct. 30, 2018

Oct. 30, 2018

PACER
46

NOTICE of Appearance by attorney Jennifer Katherine Chung on behalf of Amicus ACLU of Washington. (Chung, Jennifer) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
47

NOTICE of Appearance by attorney Eunice Cho on behalf of Amicus ACLU of Washington. (Cho, Eunice) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
48

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by ACLU of Washington (Chung, Jennifer) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
49

REPLY, filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann, TO RESPONSE to 25 MOTION for Partial Summary Judgment (Attachments: # 1 Proposed Order)(Ragonesi, Shannon) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
50

PRAECIPE re 49 Reply to Response to Motion for Partial Summary Judgment by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann (Ragonesi, Shannon) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
51

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Glenda Melinda Aldana Madrid for Plaintiff Wilson Rodriguez Macareno. (Aldana Madrid, Glenda) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
52

RESPONSE, by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann, to 45 MOTION for Leave to File Amicus Curiae Brief. (Ragonesi, Shannon) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
53

Stipulated MOTION for Extension of Time to Complete Discovery, filed by Plaintiff Wilson Rodriguez Macareno. (Attachments: # 1 Proposed Order) Noting Date 11/14/2018, (Adams, Matt) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER

Having considered the parties' 53 Stipulated MOTION for Extension of Time to Complete Discovery, and finding good cause, the Court grants the stipulated motion and extends the discovery completion deadline to 1/9/2019. (VE)

Nov. 15, 2018

Nov. 15, 2018

PACER
54

REPLY, filed by Amicus ACLU of Washington, TO RESPONSE to 45 MOTION for Leave to File Amicus Curiae Brief (Chung, Jennifer) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
55

NOTICE of Change of Address/Change of Name of Attorney Kenneth E Payson. Filed by Amicus ACLU of Washington. (Payson, Kenneth) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
56

Stipulated MOTION for Second Extension of Time to Complete Discovery, filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. (Attachments: # 1 Proposed Order) Noting Date 1/8/2019, (Ragonesi, Shannon) Modified docket text on 1/9/2019 to include full title of document (SWT). (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER

Having considered the parties' 56 Stipulated MOTION, and finding good cause, the Court grants the stipulated motion and extends the discovery completion deadline to 2/11/2019. (VE)

Jan. 8, 2019

Jan. 8, 2019

PACER
57

MOTION for Summary Judgment, filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. (Attachments: # 1 Proposed Order) Noting Date 2/1/2019, (Chen, Derek) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
58

DECLARATION of Bruce Linton filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 57 MOTION for Summary Judgment (Attachments: # 1 Exhibit)(Chen, Derek) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
59

DECLARATION of Shannon Ragonesi filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 57 MOTION for Summary Judgment (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Chen, Derek) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
60

MOTION for Partial Summary Judgment, filed by Plaintiff Wilson Rodriguez Macareno. Oral Argument Requested. (Attachments: # 1 Proposed Order, # 2 Attachment 1) Noting Date 2/1/2019, (Korthuis, Aaron) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
61

Second DECLARATION of Sydney Maltese filed by Plaintiff Wilson Rodriguez Macareno re 60 MOTION for Partial Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Korthuis, Aaron) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
62

NOTICE of Filing Audio/Video Exhibits A, C, and G to 2nd Maltese Decl. in Paper or Physical Form with the Clerk's Office by Plaintiff Wilson Rodriguez Macareno. inre 61 Declaration,,. (Korthuis, Aaron) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
63

DECLARATION of Nancy Talner filed by Plaintiff Wilson Rodriguez Macareno re 60 MOTION for Partial Summary Judgment (Korthuis, Aaron) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
64

DECLARATION of Enoka Herat filed by Plaintiff Wilson Rodriguez Macareno re 60 MOTION for Partial Summary Judgment (Korthuis, Aaron) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER

RECEIPT of one (1) CD/DVD entitled Audio/Video Exhibits A, C and G to Declaration of Sydney Maltese re plaintiff's 62 Notice of Filing Physical Materials. Will be kept on shelf in Clerk's Office. (SWT)

Jan. 9, 2019

Jan. 9, 2019

PACER
65

RESPONSE, by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann, to 60 MOTION for Partial Summary Judgment . (Attachments: # 1 Proposed Order)(Ragonesi, Shannon) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
66

RESPONSE, by Plaintiff Wilson Rodriguez Macareno, to 57 MOTION for Summary Judgment . Oral Argument Requested. (Korthuis, Aaron) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
67

DECLARATION of Sydney Maltese by Plaintiff Wilson Rodriguez Macareno re 60 MOTION for Partial Summary Judgment 66 Response to Motion (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Korthuis, Aaron) Modified on 1/29/2019 to edit docket text and add/delete docket entry relationships (TH). (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
68

ORDER granting Plaintiff's 12 Motion for Protective Order; denying Defendants' 15 Motion to Compel. Signed by Judge Richard A. Jones. (PM) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

Clearinghouse

NOTICE of Docket Text Modification re 67 Declaration (non motion), : add/delete docket entry relationships and edit docket text (TH)

Jan. 29, 2019

Jan. 29, 2019

PACER
69

REPLY, filed by Plaintiff Wilson Rodriguez Macareno, TO RESPONSE to 60 MOTION for Partial Summary Judgment (Kang, Leila) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
70

REPLY, filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann, TO RESPONSE to 57 MOTION for Summary Judgment (Attachments: # 1 Proposed Order)(Chen, Derek) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
71

DECLARATION of Derek C. Chen filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 57 MOTION for Summary Judgment (Attachments: # 1 Exhibit A)(Chen, Derek) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
72

NOTICE of Intent to File Surreply re 70 Reply to Response to Motion ; filed by Plaintiff Wilson Rodriguez Macareno. (Korthuis, Aaron) (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

PACER
73

SURREPLY filed by Plaintiff Wilson Rodriguez Macareno re 57 MOTION for Summary Judgment (Korthuis, Aaron) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
74

Joint Stipulated MOTION To Reschedule Trial and Pretrial Deadlines, filed by Plaintiff Wilson Rodriguez Macareno. (Attachments: # 1 Proposed Order, # 2 Exhibit A) Noting Date 2/20/2019, (Kang, Leila) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
75

ORDER SETTING AMENDED TRIAL DATE AND RELATED DATES. Length of Trial: 8 days. Having considered the parties' 74 Joint MOTION to Reschedule Trial and Pretrial Deadlines and taking into consideration the trial conflicts of counsel and the Court's trial schedule, the Court GRANTS the motion and continues the JURY TRIAL in this matter to 6/10/2019 at 9:00 AM. Motions in Limine due by 5/13/2019, Pretrial Order due by 5/28/2019, Trial briefs, proposed jury instructions, proposed voir dire, agreed neutral statement of the case, deposition designations, and trial exhibits to be submitted by 6/3/2019, by Judge Richard A. Jones. (VE) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
76

ORDER granting in part and denying in part Defendant Officers' 25 Motion for Partial Summary Judgment; granting Defendants' 57 Motion for Summary Judgment; granting in part and denying in part Plaintiff's 60 Motion for Partial Summary Judgment; granting Defendants' 36 Motion to Seal; granting 45 Motion for Leave to File Amicus Curiae Brief. Signed by Judge Richard A. Jones.(MW) (Entered: 05/08/2019)

May 8, 2019

May 8, 2019

Clearinghouse

Set/Reset Hearings

May 9, 2019

May 9, 2019

PACER

Set Hearing: PRETRIAL CONFERENCE set for 6/5/2019 at 10:00 AM in Courtroom 13106 before Judge Richard A. Jones. (VE)

May 9, 2019

May 9, 2019

PACER
77

Joint MOTION to Continue Trial Date, filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. Noting Date 5/24/2019, (Ragonesi, Shannon) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
78

NOTICE that the following is RE-NOTED: 77 Joint MOTION to Continue Trial Date. Filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. Noting Date 5/13/2019, (Ragonesi, Shannon) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

PACER
79

MINUTE ORDER entered upon the authority of Judge Richard A. Jones. The parties' 77 Joint MOTION to Continue Trial Date is DENIED. (VE) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
80

MOTIONS IN LIMINE and for Relief from a Deadline, filed by Plaintiff Wilson Rodriguez Macareno. (Attachments: # 1 Proposed Order) Noting Date 5/31/2019, (Kang, Leila) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
81

MOTIONS IN LIMINE AND REQUEST FOR RELIEF FROM DEADLINE, filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann. (Attachments: # 1 Proposed Order On Defendants' Motions in Limine and Relief From Deadline) Noting Date 5/31/2019, (Chen, Derek) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
82

DECLARATION of Derek C. Chen filed by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann re 81 MOTIONS IN LIMINE AND REQUEST FOR RELIEF FROM DEADLINE (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Chen, Derek) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
83

NOTICE of Settlement by Defendants City of Tukwila, Craig Gardner, Arthur Stephenson, Joel Thomas, Peter Tiemann (Ragonesi, Shannon) (Entered: 05/28/2019)

May 28, 2019

May 28, 2019

Clearinghouse

Terminate Motions (Public, notice to parties)

May 28, 2019

May 28, 2019

PACER

***Motions terminated: 80 MOTIONS IN LIMINE and for Relief from a Deadline filed by Wilson Rodriguez Macareno and 81 MOTIONS IN LIMINE AND REQUEST FOR RELIEF FROM DEADLINE filed by City of Tukwila, Arthur Stephenson, Craig Gardner, Joel Thomas, Peter Tiemann are terminated pursuant to the parties' 83 NOTICE of Settlement. (VE)

May 28, 2019

May 28, 2019

PACER
84

ORDER OF DISMISSAL: Counsel having notified the Court of settlement of this case, and it appearing that no issue remains for the Court's determination, IT IS ORDERED that this action and all claims asserted herein are DISMISSED with prejudice and without costs to any party. In the event that settlement is not perfected, any party may move to reopen the case within 21 days of the date of this order. The trial date, pretrial conference, and remaining pretrial deadlines previously set are hereby VACATED. Signed by Judge Richard A. Jones. (VE) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

RECAP

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Policing

Key Dates

Filing Date: March 21, 2018

Closing Date: May 31, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Private resident of the state of Washington

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Tukwila, City

City of Tukwila Police Department (City of Tukwila), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

Immigration/Border:

Constitutional rights

Status/Classification

Policing:

False arrest