Case: Kortlever v. Whatcom County, Washington

COMPLAINT against defendant(s) Whatcom County, Whatcom County Sheriff's Office (Receipt # 0981-5346137) Attorney Lisa Nowlin added to party Sy Eubanks(pty:pla), Attorney Lisa Nowlin added to party Gabriel Kortlever(pty:pla), filed by Gabriel Kortlever, Sy Eubanks. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Declaration of Lisa Nowlin, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Summons to Whatcom County, # 13 Summons to Whatcom County Sheriff's Office)(Nowlin, Lisa) (Entered: 06/06/2018)

MOTION to Certify Class, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. Oral Argument Requested. (Attachments: # 1 Proposed Order, # 2 Exhibit Declaration of John Midgley Regarding Qualifications of Class Counsel) Noting Date 7/13/2018, (Nowlin, Lisa) (Entered: 06/06/2018)

Judge James L. Robart added. (SG)

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Summons(es) Electronically Issued as to defendant(s) All Defendants (Attachments: # 1 Summons)(SG) (Entered: 06/11/2018)

NOTICE of Appearance by attorney George C Roche on behalf of Defendants Whatcom County Sheriff's Office, Whatcom County, Washington. (Roche, George) (Entered: 06/20/2018)

AFFIDAVIT of Service of Summons and Complaint on Whatcom County, Washington on 6/13/2018, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Nowlin, Lisa) (Entered: 06/21/2018)

AFFIDAVIT of Service of Summons and Complaint on Whatcom County Sheriff's Office on 6/13/2018, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Nowlin, Lisa) (Entered: 06/21/2018)

NOTICE of Appearance by attorney David Matthew Doden on behalf of Plaintiffs Sy Eubanks, Gabriel Kortlever. (Doden, David) (Entered: 06/27/2018)

DECLARATION of Todd Nunn filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 2 MOTION to Certify Class (Doden, David) (Entered: 06/27/2018)

Attorneys Bart J. Freedman,Todd L Nunn and Christina A Elles added as counsel for Plaintiffs Sy Eubanks and Gabriel Kortlever per 7 Notice of Appearance. (PM)

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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants Whatcom County Sheriff's Office, Whatcom County, Washington. (Attachments: # 1 Proposed Order) Noting Date 7/27/2018, (Roche, George) (Entered: 06/28/2018)

1 Proposed Order

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NOTICE of Unavailability of counsel George C Roche for Defendants Whatcom County Sheriff's Office, Whatcom County, Washington from 7/2/18-7/9/18 7/6/2018. (Roche, George) Modified on 6/29/2018 to correct date (PM). (Entered: 06/28/2018)

NOTICE of Unavailability of counsel George C Roche for Defendants Whatcom County Sheriff's Office, Whatcom County, Washington from 7/2/18-7/6/2018 7/18/2018-7/20/2018 (Roche, George) Modified on 6/29/2018 to correct dates (PM). (Entered: 06/28/2018)

Notice of Docket Text Modification

RESPONSE, by Defendants Whatcom County Sheriff's Office, Whatcom County, Washington, to 2 MOTION to Certify Class . (Attachments: # 1 Proposed Order, # 2 Proposed Order)(Roche, George) (Main Document 12 replaced on 7/18/2018) (TH). (Additional attachment(s) added on 7/18/2018: # 3 SEALED Exhibit 1, # 4 SEALED Exhibit 2) (TH). Modified on 7/18/2018 to extract exhibits from response to seal per 21 Stipulation and Order (TH). (Entered: 06/29/2018)

1 Proposed Order

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2 Proposed Order

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NOTICE of Docket Text Modification re 11 Notice of Unavailability, 10 Notice of Unavailability: edited texts to correct dates. (PM)

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 8/14/2018, FRCP 26f Conference Deadline is 7/24/2018, Initial Disclosure Deadline is 8/7/2018. (AD) (Entered: 07/10/2018)

REPLY, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever, TO RESPONSE to 2 MOTION to Certify Class (Doden, David) (Entered: 07/13/2018)

DECLARATION of Charles C. Watras filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 2 MOTION to Certify Class (Doden, David) (Entered: 07/13/2018)

DECLARATION of Sy Eubanks filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 2 MOTION to Certify Class (Doden, David) (Entered: 07/13/2018)

DECLARATION of Jon Ransom filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 2 MOTION to Certify Class (Doden, David) (Entered: 07/13/2018)

DECLARATION of Adam Kartman filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 2 MOTION to Certify Class (Doden, David) (Entered: 07/13/2018)

DECLARATION of Gabriel Kortlever filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 2 MOTION to Certify Class (Doden, David) (Entered: 07/13/2018)

Stipulated MOTION to Seal Exhibits 1 and 2 of Defendant's Response to Motion to Certify Class, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Certificate of Service) Noting Date 7/27/2018, (Midgley, John) (Entered: 07/17/2018)

STIPULATION AND ORDER to Seal Exhibits 1 and 2 of Defendant's Response to Motion to Certify Class re parties' 20 Stipulated Motion to Seal. The Clerk of the Court is directed to seal Exhibits 1 and 2 of the Defendant's Response to Plaintiff's Motion to Certify Class. Signed by Judge James L. Robart. (TH)

Exhibits were extracted from 12 Response to Motion to Certify Class to seal per 21 Stipulation and Order. (TH)

Docket Annotation

RESPONSE, by Plaintiffs Sy Eubanks, Gabriel Kortlever, to 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: # 1 Certificate of Service)(Midgley, John) (Entered: 07/23/2018)

1 Certificate of Service

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Stipulated MOTION to Stay Proceedings, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order Re: Stipulated Motion to Stay Proceedings) Noting Date 7/26/2018, (Nowlin, Lisa) (Entered: 07/26/2018)

1 Proposed Order Re: Stipulated Motion to Stay Proceedings

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ORDER granting 23 Stipulated Motion to Stay Proceedings. All proceedings and deadlines are stayed. Clerk directed to remove the pending motions from the calendar ( 2 MOTION to Certify Class, 9 Motion to Dismiss). Parties to update the Court within 90 days re status of settlement. Signed by Judge James L. Robart. (PM)

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Jessica Wolfe for Plaintiffs Sy Eubanks, Gabriel Kortlever. (Wolfe, Jessica) (Entered: 08/24/2018)

Stipulated MOTION to Extend Stay of Proceedings and Report to the Court, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order) Noting Date 10/19/2018, (Nowlin, Lisa) (Entered: 10/19/2018)

ORDER granting the parties' 26 Stipulated Motion to Extend Stay of Proceedings. Parties to file an update of settlement negotiations within 90 days of this Order. Signed by Judge James L. Robart. (PM)

Stipulated MOTION to Further Extend Stay of Proceedings and Report to the Court, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order Re: Stipulated Motion to Further Extend Stay of Proceedings) Noting Date 1/16/2019, (Nowlin, Lisa) (Entered: 01/16/2019)

ORDER extending stay of proceedings re parties' 28 Stipulated Motion: The parties within 60 days of the date of this Order shall either file pleadings to begin the process of approval of a settlement or an update with the Court regarding the status of parties' settlement negotiations. Signed by Judge James L. Robart.(SWT)

Stipulated MOTION To Further Extend Stay of Proceedings And Report To The Court, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order Re: Stipulated Motion to Further Extend Stay of Proceedings) Noting Date 3/15/2019, (Nowlin, Lisa) (Entered: 03/15/2019)

STIPULATION AND ORDER to further extend stay of proceedings re parties' 30 Stipulated Motion: Parties, within 45 days of the date of this order, shall file either pleadings to begin process of approval of settlement or an update with Court regarding status of settlement negotiations. Signed by Judge James L. Robart. (SWT)

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NOTICE of Withdrawal of Attorney ; filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Doden, David) (Entered: 04/01/2019)

Attorney David Matthew Doden terminated; per 32 Notice of Withdrawal. (SWT)

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Stipulated MOTION for Leave to File Over-Length Motion, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order) Noting Date 4/29/2019, (Freedman, Bart) (Entered: 04/29/2019)

MOTION Plaintiffs' Motion for Preliminary Approval of Settlement Agreement re 33 Stipulated MOTION for Leave to File Over-Length Motion, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order) Noting Date 5/17/2019, (Freedman, Bart) (Entered: 04/29/2019)

DECLARATION of Lisa Nowlin filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 34 MOTION Plaintiffs' Motion for Preliminary Approval of Settlement Agreement re 33 Stipulated MOTION for Leave to File Over-Length Motion (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Freedman, Bart) (Entered: 04/29/2019)

1

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ORDER granting parties' 33 Stipulated Motion for Leave to File Over-length Motion. Signed by Judge James L. Robart. (SWT)

Set/Reset Hearings

ORDER granting Plaintiffs' 34 Motion for Preliminary Approval of Class Action Settlement and Directing Notice to Plaintiff Class. Signed by Judge James L. Robart. (SWT)

Motion for Miscellaneous Relief

Declaration

NOTICE of Appearance by attorney George C Roche on behalf of Defendants Whatcom County Sheriff's Department, Whatcom County, Washington. (Roche, George) (Entered: 07/09/2019)

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In Court Hearing

Attorney Kristofer John Bundy for Whatcom County Sheriff's Department, Whatcom County, Washington added; per 40 Notice of Appearance. (SWT)

MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Lisa Nowlin, John Midgley, Bart Freedman, Christina Elles; Def Counsel: Kris Bundy; CR: Andrea Ramirez; FINAL APPROVAL HEARING held on 7/9/2019. Final Approval Hearing held 7/9/19. The court hears from counsel re: Plaintiff's Motion for Final Approval of Class Action Settlement (Dkt. # 38 ). For the reasons stated on the record, the court GRANTS the motion; order to be entered. (AD) (Entered: 07/09/2019)

ORDER by Judge James L. Robart granting Plaintiffs' 38 Motion for Final Approval of Class Action Settlement and Dismissal. (AD) (Entered: 07/09/2019)

Stipulated MOTION TO EXTEND SETTLEMENT AGREEMENT, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order) Noting Date 6/1/2021, (Nowlin, Lisa) (Entered: 06/01/2021)

ORDER re Parties' 43 Stipulated Motion TO EXTEND SETTLEMENT AGREEMENT. The compliance period for the Settlement Agreement is extended by six months and it now expires 30 months after the Settlement Agreement's Effective Date. Signed by Judge James L. Robart. (LH) (Entered: 06/02/2021)

Second Stipulated MOTION TO EXTEND SETTLEMENT AGREEMENT, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. Noting Date 12/14/2021, (Nowlin, Lisa) (Entered: 12/14/2021)

ORDER re Parties' 45 Second Stipulated MOTION TO EXTEND SETTLEMENT AGREEMENT. The compliance period for the Settlement Agreement is extended by four months and it now expires 34 months after the Settlement Agreement's Effective Date. Signed by Judge James L. Robart. (LH) (Entered: 12/15/2021)

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Lisa Nowlin for Plaintiffs Sy Eubanks, Gabriel Kortlever. (Nowlin, Lisa) (Entered: 02/02/2022)

NOTICE Termination of Settlement Agreement ; filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Midgley, John) (Entered: 06/01/2022)